Case Details

CourtSouthern District of New York
Docket number1:08-cr-01101
Date case filed2008-11-12
Date case closed2012-04-26
Date of latest filing
Assigned toJudge Thomas P. Griesa
Case cause
Nature of suit
Jury demand
Demand
Jurisdiction

Case Parties

Party: Kevin Cassidy
Party type: Defendant (1)
TERMINATED: 04/26/2012
Attorney name: Douglas R. Jensen
Attorney Contact:
Park & Jensen, L.L.P.
630 Third Avenue
New York, NY 10017
(646) 200-6320
Fax: (646) 200-6321
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained

Attorney name: Barry Huntington Junker
Attorney Contact:
Park & Jensen, L.L.P.
630 Third Avenue
New York, NY 10017
(646) 200-6315
Fax: (646) 200-6316
Email: [email protected]
ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12008-11-13 SEALED S(1) INDICTMENT as to Sealed Defendant 1 (1) count(s) 1, 2, 3, 4-5, 6. (jm) Modified on 11/18/2008 (jm). (Entered: 11/18/2008)
22008-11-18 Order to Unseal Indictment as to Sealed S(1) Defendant 1.. (Signed by Magistrate Judge Andrew J. Peck on 11/18/08)(jm) (Entered: 11/18/2008)
42008-12-05 AGREEMENT TO FORFEIT PROPERTY by Kevin Cassidy. (ja) (Entered: 12/05/2008)
52008-12-02 ADVICE OF PENALTIES AND SANCTIONS as to Kevin Cassidy. (jw) (Entered: 12/05/2008)
62008-11-20 PRB Bond Entered as to Kevin Cassidy in amount of $ 10 Million. To be co-signed by 9 financially responsible person's; Secured by $7 Million Cash/Property (in house); Travel limited to SDNY/EDNY; Surrender travel documents (& No new applications); Strict pretrial supervision; Home detention; Electronic monitoring; release for work with either GPS monitoring or electronic monitoring at work; Court and counsel meetings with notice; AA Meetings with Notice; Defendant not to be released until all conditions met; Deft to pay for electronic monitoring; Deft to continue to attend AA Meetings. (jw) (Entered: 12/05/2008)
72008-12-11 TRANSCRIPT of Proceedings as to Kevin Cassidy held on Nov 25 08 @ 12:00 pm before Judge Thomas P. Griesa. (jab) (Entered: 12/11/2008)
82008-12-29 ENDORSED LETTER: As to Kevin Cassidy addressed to Judge Thomas P. Griesa from Douglas R. Jensen dated 12/29/2008 re: This is to request, with the consent of Pretrial Services Officer Cynthia Labrovic and This is to request, with the consent of Pretrial Services Officer Cynthia Labrovic and Assistant United States Attorney Reed Brodsky, a slight amendment of the travel restrictions set by Magistrate Judge Peck in his order setting bail. Mr. Cassidy's mother-in-law is gravely ill, and Mr. Cassidy requests permission to visit her, with prior notice to his Pretrial Services Officer, in the hospital or in her home if she is discharged there, and to attend any funeral services or wakes that may occur. The home and hospital arc both located in Westchester County and any wake or funeral services are expected to occur there. ENDORSEMENT Approved. (Signed by Judge Thomas P. Griesa on 12/29/2008)(D'Avanzo, Daniel) (Entered: 12/29/2008)
92009-02-18 ORDER EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT: As to Kevin Cassidy. It is ORDERED that the request for an exclusion of time under the Speedy Trial Act from the date of this Order to March 2, 2009, is hereby GRANTED pursuant to Title 18, United States Code, Section 3161 (h) (7) (A). Time excluded from 2/18/2009 until 3/2/2009. (Signed by Judge Thomas P. Griesa on 2/18/2009)(dnd) (Entered: 02/18/2009)
102009-02-18 ORDER: As to Kevin Cassidy, Upon the application of Chadbourne & Parke LLP to withdraw as counsel for defendant Kevin Cassidy in the above-captioned matter and to be replaced as counsel by the firm of Park & Jensen LLP, and based on the affidavit of Alan Raylesberg, sworn to February 17, 2009, it is hereby ORDERED, that: (1) the application of Chadbourne & Parke LLP to withdraw as counsel is hereby granted; and (2) Chadbourne & Parke LLP is hereby replaced as counsel by Park & Jensen LLP. (Signed by Judge Thomas P. Griesa on 2/18/2009)(dnd) (Entered: 02/18/2009)
112009-05-01 TRANSCRIPT of Proceedings as to Kevin Cassidy held on March 2, 2008 @ 4:30 p.m. before Judge Thomas P. Griesa. (jab) (Entered: 05/04/2009)
122009-05-22 MEMO ENDORSEMENT: As to Kevin Cassidy. The attached memorandum prepared by Pretrial Services Officer Cynthia Labrovic will present to Your Honor significant details about the Bail Conditions which were imposed on the above-named defendant. We are requesting direction from the court. ENDORSEMENT: So Ordered. (Signed by Judge Thomas P. Griesa on 5/22/2009)(dnd) (Entered: 05/22/2009)
132009-06-30 TRANSCRIPT of Proceedings as to Kevin Cassidy held on 5/27/09 before Judge Thomas P. Griesa. (tro) (Entered: 07/01/2009)
142009-07-30 NOTICE of Government's Bill of Particulars as to Kevin Cassidy (Frase, Sharon) (Entered: 07/30/2009)
152009-07-31 Certificate of Service of 14 Notice (Other) by USA as to Kevin Cassidy. Document was served on Douglas Jensen, Esq. on 7/31/09. Service was made by Mail. (Frase, Sharon) (Entered: 07/31/2009)
162009-10-22 ORDER EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT as to Kevin Cassidy. It is ORDERED that the request for an exclusion of time under the Speedy Trial Act from the date of this order to October 30, 2009 is hereby GRANTED pursuant toTitle 18, United States Code, Section 3161. (Signed by Judge Thomas P. Griesa on 10/21/2009)(dnd) (Entered: 10/22/2009)
172009-11-02 ENDORSED LETTER as to Kevin Cassidy, addressed to Judge Griesa, from Douglas R. Jensen, dated 10/29/09, re: request an expansion of the travel restrictions imposed upon the dft, and request a one-week modification of the briefing schedule for motions to be filed by the dft... If request is granted, the new briefing schedule will be as follows: defense motions filed by 11/4/09, govt's opposition filed by 12/4/09, and defense reply filed by 12/18/09.... -- Judge endorsed: Approved in all respects. (Signed by Judge Thomas P. Griesa on 11/2/09)(ja) (Entered: 11/02/2009)
182009-11-04 ENDORSED LETTER: As to Kevin Cassidy addressed to Judge Thomas P. Griesa from Douglas R. Jensen dated 11/3/2009. re: It has come to my attention that my letter to the court dated October 29, 2009 (copy attached) which was so ordered by the Court on November 2,2009, contained a typographical error. The letter requested, among other things, a one week extension of the date for defendantto file his motions. That one-week extension results in a due date of November 6, 2009, but my letter incorrectly used the date of November 4, 2009. For the same reasons stated in my October 29 letter, this is to respectfully request that the date for filing of defense motions be set as November 6,2009. Also, for the same reasons stated in my October 29 letter, the parties hereby jointly request, pursuant to the Speedy Trial Act, 18 U.S.C. § 3161, that the Court exclude time between today and November 6, 2009. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 11/4/2009)(dnd) (Entered: 11/04/2009)
192009-11-09 ENDORSED LETTER as to Kevin Cassidy addressed to Judge Griesa from Douglas R. Jensen dated 11/6/09 re: Accordingly, I request permission to file theenclosed papers by ECF next week, as soon as I receive the ECF password. I have discussed this request with AUSA Nick Goldin, and he has no objection...ENDORSEMENT..Approved. SO ORDERED (Signed by Judge Thomas P. Griesa on 11/9/09)(jw) (Entered: 11/09/2009)
202009-11-12 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Dismiss Counts Four, Five and Six of the Indictment. FIRST MOTION for Bill of Particulars and for Additional Pretrial Relief. Document filed by Kevin Cassidy. (Attachments: # 1 Affidavit Declaration of Eyal Dror, # 2 Appendix Memorandum of Law, # 3 Affidavit Certificate of Service)(Jensen, Douglas) Modified on 11/16/2009 (db). (Entered: 11/12/2009)
212009-11-12 NOTICE OF ATTORNEY APPEARANCE: Barry Huntington Junker appearing for Kevin Cassidy. (Junker, Barry) (Entered: 11/12/2009)
222009-11-12 NOTICE of Change of Address as to Kevin Cassidy. New Address: Park & Jensen LLP, 369 Lexington Avenue, Sixteenth Floor, New York, NY, USA 10017, (212) 661-4609. (Junker, Barry) (Entered: 11/12/2009)
232009-11-16 FIRST MOTION to Dismiss Counts Four, Five, and Six of the Indictment., FIRST MOTION for Bill of Particulars and for Other Pretrial Relief. Document filed by Kevin Cassidy. (Jensen, Douglas) (Entered: 11/16/2009)
242009-11-16 MEMORANDUM in Support by Kevin Cassidy re 23 FIRST MOTION to Dismiss Counts Four, Five, and Six of the Indictment.FIRST MOTION for Bill of Particulars and for Other Pretrial Relief.. (Jensen, Douglas) (Entered: 11/16/2009)
252009-11-16 DECLARATION of Eyal Dror in Support as to Kevin Cassidy re: 23 FIRST MOTION to Dismiss Counts Four, Five, and Six of the Indictment.FIRST MOTION for Bill of Particulars and for Other Pretrial Relief.. (Jensen, Douglas) (Entered: 11/16/2009)
262009-11-10 TRANSCRIPT of Proceedings as to Kevin Cassidy held on 10/1/09 before Judge Thomas P. Griesa. (ldi) (Entered: 11/17/2009)
272009-12-09 MEMORANDUM in Opposition by USA as to Kevin Cassidy re 20 FIRST MOTION to Dismiss Counts Four, Five and Six of the Indictment.FIRST MOTION for Bill of Particulars and for Additional Pretrial Relief., 23 FIRST MOTION to Dismiss Counts Four, Five, and Six of the Indictment.FIRST MOTION for Bill of Particulars and for Other Pretrial Relief.. (Brodsky, Reed) (Entered: 12/09/2009)
282009-12-10 NOTICE of Change of Address as to Kevin Cassidy. New Address: Park & Jensen LLP, 630 Third Avenue, New York, NY, USA 10017, (646) 200-6320. (Jensen, Douglas) (Entered: 12/10/2009)
292009-12-10 NOTICE of Change of Address as to Kevin Cassidy. New Address: Park & Jensen LLP, 630 Third Avenue, New York, NY, USA 10017, (646) 200-6315. (Junker, Barry) (Entered: 12/10/2009)
302009-12-07 Order to Unseal Indictment as to Kevin Cassidy. (Signed by Judge Thomas P. Griesa on 12/7/09)(jw) (Entered: 12/14/2009)
312009-12-07 (S1) SUPERSEDING INDICTMENT FILED as to Kevin Cassidy (1) count(s) 1s. Originally filed on 11/12/09. (jw) (Entered: 12/15/2009)
322009-12-22 ENDORSED LETTER as to Kevin Cassidy addressed to Judge Thomas P. Griesa from Douglas R. Jensen dated 12/18/2009. re: Because the Government submitted its opposition papers several days later than planned (with the consent of Mr. Cassidy), the defendant requests an equivalent extension of his time to serve reply papers, until December 23, 2009. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 12/21/2009)(dnd) (Entered: 12/22/2009)
332009-12-23 REPLY MEMORANDUM OF LAW in Support as to Kevin Cassidy re: 23 FIRST MOTION to Dismiss Counts Four, Five, and Six of the Indictment.FIRST MOTION for Bill of Particulars and for Other Pretrial Relief.. (Jensen, Douglas) (Entered: 12/23/2009)
342010-02-23 (S2) SUPERSEDING INDICTMENT FILED as to Kevin Cassidy (1) count(s) 1ss, 2ss, 3ss, 4ss-5ss, 6ss. (ja) (Entered: 03/02/2010)
352010-04-09 ENDORSED LETTER as to Kevin Cassidy, addressed to Judge Griesa, from Douglas R. Jensen, dated 4/8/2010, re: request, w/consent of the gov't a modification of the briefing scheduled, extension of one week: until 4/16/2010 to file his motions and a corresponding extension of the dates for the govt's opposition brief and dft's reply brief to May 14, 2010 and May 29, 2010, respectively. -- Judge endorsed: Approved. ( Motions due by 4/16/2010. Replies due by 5/28/2010. Responses due by 5/14/2010) (Signed by Judge Thomas P. Griesa on 4//2010)(ja) (Entered: 04/12/2010)
362010-04-16 FIRST MOTION to Dismiss Counts 4, 5, and 6 of the Second Superseding Indictment. Document filed by Kevin Cassidy. (Jensen, Douglas) (Entered: 04/16/2010)
372010-04-16 MEMORANDUM in Support by Kevin Cassidy re 36 FIRST MOTION to Dismiss Counts 4, 5, and 6 of the Second Superseding Indictment.. (Jensen, Douglas) (Entered: 04/16/2010)
382010-04-16 DECLARATION of D. Jensen in Support as to Kevin Cassidy re: 36 FIRST MOTION to Dismiss Counts 4, 5, and 6 of the Second Superseding Indictment.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Jensen, Douglas) (Entered: 04/16/2010)
392010-04-21 ENDORSED LETTER as to Kevin Cassidy addressed to Judge Griesa, from Douglas R. Jensen, dated 4/16/2010, re: request, with the consent of Pretrial Services Officer Cynthia Labrovic and AUSA Nick Goldin, an expansion of the travel restrictions imposed upon the dft Kevin Cassidy. Currently Mr. Cassidy is permitted to travel to the S/EDNY and for purposes of his work only, the D. of New Jersey, the D. of Connecticut and the D. of Massachusetts.... Because travel to certain of these locations may require overnight travel, Mr. Cassidy also request permission to stay overnight under the following limited and controlled circumstances.... -- Judge endorsed: Approved. (Signed by Judge Thomas P. Griesa on 4/20/2010)(ja) (Entered: 04/21/2010)
402010-05-14 MEMORANDUM in Opposition by USA as to Kevin Cassidy re 36 FIRST MOTION to Dismiss Counts 4, 5, and 6 of the Second Superseding Indictment.. (Goldin, Nicholas) (Entered: 05/14/2010)
412010-06-01 REPLY MEMORANDUM OF LAW in Support as to Kevin Cassidy re: 36 FIRST MOTION to Dismiss Counts 4, 5, and 6 of the Second Superseding Indictment.. (Jensen, Douglas) (Entered: 06/01/2010)
422010-06-02 ENDORSED LETTER as to Kevin Cassidy addressed to Judge Griesa from Douglas R. Jensen dated 5/28/2010 re: This is to request, with the consent of the government, a one-business day extension of the defendant's time to submit his reply brief on his Motion to Dismiss Counts Four, Five and Six of the Government's Second Superseding Indictment. The current due date is May 28, 2010, and Mr. Cassidy requests an extension until Tuesday, June 1,2010...ENDORSEMENT...Approved. SO ORDERED. (Signed by Judge Thomas P. Griesa on 6/1/2010)(jw) (Entered: 06/02/2010)
432010-06-10 ORDER as to Kevin Cassidy. It is ORDERED that the request for an exclusion of time under Speedy Trail Act through 8/26/2010 is hereby GRANTED pursuant to Title 18, United States Code, Sections 3161 (h)(1)(D) and (h)(7)(A). (Signed by Judge Thomas P. Griesa on 6/9/2010)(ab) (Entered: 06/10/2010)
442010-06-29 NOTICE OF ATTORNEY APPEARANCE Michael Alexander Levy appearing for USA. (Levy, Michael) (Entered: 06/29/2010)
452010-08-27 PROBATION FORM PETITION as to Kevin Cassidy. Petitioning the Court: PRAYING THAT THE COURT WILL ORDER THAT THE DEFENDANT'S BAIL CONDITIONS BE MODIFIED TO REMOVE THE CONDITION OF ELECTRONIC MONITORING AND THE CURFEW. The Court Orders: Considered and ordered this 27th. day of August, 2010 and ordered filed and made part of the records in the above case. (Signed by Judge Thomas P. Griesa on 8/27/2010)(dnd) (Entered: 08/27/2010)
462010-09-08 ORDER EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT as to Kevin Cassidy. Time excluded from 8/26/2010 until 10/13/2010. IT IS HEREBY ORDERED that the time between the August 26, 2010 conference and the October 13, 2010 conference is hereby excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A), in the interests of justice. SO ORDERED. (Signed by Judge Thomas P. Griesa on 9/8/2010)(jw) (Entered: 09/09/2010)
472010-09-21 TRANSCRIPT of Proceedings as to Kevin Cassidy held on 8/26/10 before Judge Thomas P. Griesa. (pl) (Entered: 09/22/2010)
482010-10-20 ORDER as to (S2-08-Cr-1101-01) Kevin Cassidy. WHEREAS, the next conference in this case has been adjourned until 4:30 p.m. on October 27, 2010;... IT IS HEREBY ORDERED that the time between now and October 27, 2010 is hereby excluded under the Speedy Trial Act, 18 U.S.C. Section 3161(h)(7)(A), in the interests of justice. So Ordered. (Signed by Judge Thomas P. Griesa on 10/20/2010)(bw) (Entered: 10/20/2010)
492010-11-30 ORDER as to Kevin Cassidy. On 11/3/2010, the Court set this matter down for trial on May 9, 2011 and excluded time under the Speedy Trial Act until that date; the delay between now and the trial date furthers the interests of justice because the parties require the time in order to review the substantial amount of material that has been produced by the gov't in discovery and to prepare for trial.... IT IS HEREBY CONFIRMED that the time between the 11/3/2010 conference and the 5/9/2011 trial is hereby excluded under the STA.... SO ORDERED. (Signed by Judge Thomas P. Griesa on 11/30/2010)(ja) (Entered: 11/30/2010)
502010-12-01 TRANSCRIPT of Proceedings (Argument) as to Kevin Cassidy held on 11/2/2010 before Judge Thomas P. Griesa. (ja) (Entered: 12/02/2010)
512011-02-17 MEMORANDUM OF LAW in Opposition by USA as to Kevin Cassidy. (Levy, Michael) (Entered: 02/17/2011)
522011-02-23 COUNTER MEMORANDUM OF LAW by Kevin Cassidy re: 51 Memorandum of Law in Opposition filed by USA. (Jensen, Douglas) (Entered: 02/23/2011)
532011-03-24 TRANSCRIPT of Proceedings as to Kevin Cassidy held on 3/04/2011 before Judge Thomas P. Griesa. (ama) (Entered: 03/29/2011)
542011-03-18 TRANSCRIPT of Proceedings as to Kevin Cassidy held on March 4, 2011 11:15 a.m. before Judge Thomas P. Griesa. (ajc) (Entered: 03/31/2011)
552011-03-18 TRANSCRIPT of Proceedings as to Kevin Cassidy held on 3/18/2010 before Judge Thomas P. Griesa. (dnd) Modified on 5/11/2011 (laq). (Entered: 04/01/2011)
562011-05-17 ORDER EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT as to Kevin Cassidy. Time excluded from 5/17/11 until 8/8/11. IT IS HEREBY ORDERED that the time between now and August 8, 2011 is hereby excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h) (7) (A), in the interests of justice. (Signed by Judge Thomas P. Griesa on 5/17/11)(jw) (Entered: 05/17/2011)
572011-06-02 (S3) SUPERSEDING INDICTMENT FILED as to Kevin Cassidy (1) count(s) 1sss, 2sss, 3sss-4sss. (jm) (Entered: 06/03/2011)
582011-07-01 ORDER TO CONTINUE IN THE INTEREST OF JUSTICE: As to Kevin Cassidy. WHEREAS, the start of trial in this case is scheduled for August 8, 2011; WHEREAS, a grand jury sitting in this district has recently returned a superseding indictment against the defendant; WHEREAS the delay between now and August 8, 2011 furthers the interests of justice because it will permit the parties to prepare for trial; WHEREAS it is found that the exclusion of time under the Act best serves the ends of justice and outweighs the interest of the public and the defendant in a speedy trial; IT IS HEREBY ORDERED that the time between now and August 8, 2011 is hereby excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h} (7) (A), in the interests of justice. SO ORDERED. (Signed by Judge Barbara S. Jones on 6/30/2011)(dnd) (Entered: 07/01/2011)
592011-07-08 ORDER as to Kevin Cassidy. Upon the motion of defendant Kevin Cassidy, by his attorneys, Park & Jensen LLP, for an order pursuant to 28 U.S.C. Sec. 1781(b)(2), Federal Rule of Criminal Procedure 15 and Federal Rule of Civil Procedure 28(b) directing issuance of a letter of request for the taking of the deposition upon oral examinations of Murray McIntosh, Penny Somerville, and Cally Hunt, it is hereby ordered as follows: 1) The Clerk of this Court shall issue a letter of request for the taking of the depositions upon oral examination of Murray McIntosh, Penny Somerville, and Cally Hunt as witnesses in this action. 2. The appropriate judicial authority in Canada is hereby authorized to appoint a Commissioner to take and report the depositions of Murray McIntosh, Penny Somerville, and Cally Hunt. That Commissioner shall have the power by virtue of the letter of request to administer any necessary oath for the purposes of taking the depositions and to take and report testimony. SO ORDERED. (Signed by Judge P. Kevin Castel, Part I, on 7/8/2011)(ja) (Entered: 07/11/2011)
602011-07-08 REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE as to Kevin Cassidy. 1. The Federal District Court for the Southern District of New York presents its compliments to the appropriate judicial authority of Canada and formally requests international judicial assistance to obtain evidence to be used in a criminal proceeding before this Court in the above captioned matter. 2. This Court of law and equity has proper jurisdiction over these proceedings and is authorized by U.S. statute and the Federal Rules of Criminal Procedure to compel the attendance of witnesses and the production of documents by persons within its jurisdiction... 3. Trial of this matter is scheduled for August 8, 2011 in New York, New York, U.S.A. This court seeks the evidence requested below for use at trial and not for the purpose of pretrial discovery.... 4. The witnesses from whom testimony is sought reside and work within the jurisdiction of the Ontario Superior Court of Justice. Defendant has been unable to procure the voluntary testimony of the witnesses, and under the laws of the United States and Canada, it will be impossible to compel the witnesses to testify, unless a letter of request is issue to the appropriate court of Canada. Therefore this evidence cannot be secured except by the intervention of Canadian courts. 5. Upon the attached affirmation of Douglas R. Jensen, the exhibits thereto, and the proceedings in this matter, this Court has concluded that the assistance request herein is necessary in the interests of justice. Therefore, this Court requests that the Ontario Superior Court of Justice compel the appearance of the below named individuals to give evidence: i. Murray McIntosh; ii Penny Somerville; and iii Cally Hunt. (See this Document for full text.) (Signed by Judge P. Kevin Castel, Part I, on 7/8/2011)(ja) Modified on 7/11/2011 (ja). (Entered: 07/11/2011)
612011-08-01 NOTICE OF ATTORNEY APPEARANCE Jillian Blythe Berman appearing for USA. (Berman, Jillian) (Entered: 08/01/2011)
622011-08-01 MOTION to Exclude Expert Testimony. Document filed by USA as to Kevin Cassidy. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Levy, Michael) (Entered: 08/01/2011)
632011-08-03 TRANSCRIPT of Proceedings as to Kevin Cassidy held on 7/8/2011 before Judge P. Kevin Castel. (dnd) (Entered: 08/03/2011)
642011-08-05 MOTION to Preclude., MOTION to Strike. Document filed by Kevin Cassidy. (Junker, Barry) (Entered: 08/05/2011)
652011-08-05 MEMORANDUM in Opposition by Kevin Cassidy re 62 MOTION to Exclude Expert Testimony.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Junker, Barry) (Entered: 08/05/2011)
662011-08-07 MEMORANDUM in Opposition by USA as to Kevin Cassidy re 64 MOTION to Preclude. MOTION to Strike.. (Levy, Michael) (Entered: 08/07/2011)
672011-08-12 Proposed Voir Dire Questions by Kevin Cassidy. (Junker, Barry) (Entered: 08/12/2011)
682011-08-15 (S4) SUPERSEDING INFORMATION (Felony) filed as to Kevin Cassidy (1) Count 1ssss. (dnd) (Entered: 08/16/2011)
692011-08-15 WAIVER OF INDICTMENT by Kevin Cassidy. (dnd) (Entered: 08/16/2011)
702011-09-13 TRANSCRIPT of Proceedings as to Kevin Cassidy held on August 15, 2011 at 11:20 a.m. before Judge Thomas P. Griesa. (js) (Entered: 09/16/2011)
712011-09-13 TRANSCRIPT of Proceedings as to Kevin Cassidy held on 8/15/11 before Judge Thomas P. Griesa. (mro) (Entered: 09/21/2011)
722012-04-23 SENTENCING MEMORANDUM by USA as to Kevin Cassidy. (Berman, Jillian) (Entered: 04/23/2012)
732012-04-26 JUDGMENT as to Kevin Cassidy (1), Count(s) 1, 1s, 1ss, 1sss, 2, 2ss, 2sss, 3, 3ss, 3sss-4sss, 4-5, 4ss-5ss, 6, 6ss, Dismissed.; Count(s) 1ssss, Imprisonment: 30 months; Supervised Release: 3 Years. The court makes the following recommendations to the Bureau of Prisons: In light of defendant's mother's illness, the court recommends that the Bureau of Prisons designate the defendant to SCP Otisville to facilitate family visitation. The court notes that the defendant has previously served time there. Should the camp at Otisville not be available, the court recommends either FMC Devens (MA) or FCI Schuylkill (PA). The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons before 2 p.m. on 9/28/2012. The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. The defendant is to pay an assessment fee of $100.00 as a lump sum payment due immediately. The determination of restitution is deferred until 7/24/2012. (Signed by Judge Thomas P. Griesa on 4/26/2012)(dnd) (Entered: 04/26/2012)
742012-04-27 CONSENT ORDER OF FORFEITURE: As to Kevin Cassidy. For the reasons set forth in this Order, IT IS HEREBY STIPULATED AND AGREED, by and between the plaintiff, United States of America, by its attorney Preet Bharara, United States Attorney, Assistant United States Attorney Jillian Berman, of counsel, and the defendant, and his counsel, Douglas R. Jensen, Esq. that: 1. As a result of the offense charged in Count one of the Information, to which the defendant plead guilty, a judgment in the amount of $200,000.00 in United States currency(the "Money Judgment") shall be entered against the defendant... The Clerk of the Court shall forward three certified copies of this Order to Assistant United States Attorney Sharon Cohen Levin, Chief of the Asset Forfeiture Unit, United States Attorney's Office, One St. Andrew's Plaza, New York, New York 10007. SO ORDERED. (Signed by Judge Thomas P. Griesa on 4/25/2012)(dnd) (Entered: 04/27/2012)
752012-05-03 TRANSCRIPT of Proceedings (Sentence) as to Kevin Cassidy held on 4/25/2012 before Judge Thomas P. Griesa. (ja) (Entered: 05/04/2012)
762012-05-10 TRANSCRIPT of Proceedings as to Kevin Cassidy held on 4/25/2012, 11:10 a.m. before Judge Thomas P. Griesa. (rjm) (Entered: 05/10/2012)
772012-05-10 TRANSCRIPT of Proceedings as to Kevin Cassidy held on 4/25/2012 before Judge Thomas P. Griesa. (pl) (Entered: 05/10/2012)
782012-05-10 TRANSCRIPT of Proceedings as to Kevin Cassidy held on 4/25/2012 before Judge Thomas P. Griesa. (pl) (Entered: 05/14/2012)
792012-07-24 ENDORSED LETTER as to Kevin Cassidy addressed to Judge Thomas P. Griesa from AUSAs Jillian Berman/Michael Levy dated July 23, 2012 re: Based on that representation, at the time of Cassidy's sentencing, the Court set a deadline of 90 days for the resolution of the restitution issue for his case. That deadline is July 25, 2012. The Government requests that the Court extend the July 25, 2012 deadline for an additional 90 days so that the Court has an opportunity to resolve factual issues concerning restitution. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 7/24/2012)(bw) (Entered: 07/24/2012)
802012-09-25 ENDORSED LETTER: As to Kevin Cassidy addressed to Judge Thomas P. Griesa from Douglas R. Jensen dated 9/21/2012 re: With the consent of the government, this is to request a one-week adjournment of the date for Mr. Cassidy to surrender to FCI Otisville to begin serving his sentence. The adjournment is requested so that Mr. Cassidy may attend the Court hearing on the Bank of Montreal's request for restitution. Accordingly, it is respectfully requested that Mr. Cassidy's surrender date be adjourned one week, from September 28, 2012 to October 5, 2012. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 9/25/2012)(dnd) (Entered: 09/25/2012)
812012-10-04 ORDER as to Kevin Cassidy. It is hereby ordered that Kevin Cassidy's surrender date will be adjourned from October 5, 2012 to October 19, 2012 in order to allow Mr. Cassidy to attend his restitution hearing. (Signed by Judge Thomas P. Griesa on 10/4/2012. (dnd) (Entered: 10/04/2012)
822012-10-15 TRANSCRIPT of Proceedings as to Kevin Cassidy re: Oral Argument held on 9/28/12 before Judge Thomas P. Griesa. Court Reporter/Transcriber: Linda Fisher, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/8/2012. Redacted Transcript Deadline set for 11/19/2012. Release of Transcript Restriction set for 1/17/2013. (McGuirk, Kelly) (Entered: 10/15/2012)
832012-10-15 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Kevin Cassidy. Notice is hereby given that an official transcript of a Oral Argument proceeding held on 9/28/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/15/2012)
842012-10-17 TRANSCRIPT of Proceedings as to Kevin Cassidy re: Oral Argument held on 10/11/12 before Judge Thomas P. Griesa. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/13/2012. Redacted Transcript Deadline set for 11/26/2012. Release of Transcript Restriction set for 1/18/2013. (McGuirk, Kelly) (Entered: 10/17/2012)
852012-10-17 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Kevin Cassidy. Notice is hereby given that an official transcript of a Oral Argument proceeding held on 10/11/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/17/2012)
862012-10-18 ENDORSED LETTER as to Kevin Cassidy addressed to Judge Thomas P. Griesa from Douglas R. Jensen dated 10/15/2012 re: Request, with the consent of Pretrial Services Officer Cynthia Labrovic and Assistant United States Attorney Jillian Berman (1) a one-week adjournment of Mr, Cassidy's surrender date for reporting to Otisville to begin serving his sentence, and (2) an expansion of the travel restrictions imposed upon Mr. Cassidy in connection with his bail. Mr Cassidy requests these modifications so that he may attend the wake and funeral of his 21 year-old niece, who yesterday died suddenly in an automobile accident in Jacksonville, Florida...ENDORSEMENT..Approved. SO ORDERED. (Signed by Judge Thomas P. Griesa on 10/16/12)(jw) (Entered: 10/18/2012)
872012-10-24 TRANSCRIPT of Proceedings as to Kevin Cassidy re: Hearing held on 10/16/12 before Judge Thomas P. Griesa. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/19/2012. Redacted Transcript Deadline set for 11/29/2012. Release of Transcript Restriction set for 1/25/2013. (McGuirk, Kelly) (Entered: 10/24/2012)
882012-10-24 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Kevin Cassidy. Notice is hereby given that an official transcript of a Hearing proceeding held on 10/16/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/24/2012)
892013-05-20 ORDER OF RESTITUTION #13,1061 as to (S4-08-Cr-1101-01) Kevin Cassidy. WHEREAS, on August 15, 2011, KEVIN CASSIDY ("CASSIDY"), the defendant, pleaded guilty to Count One of the above-referenced Information, charging conspiracy to commit wire fraud, in violation of Title 18, United States Code, Section 371; WHEREAS, on April 25, 2012, CASSIDY was sentenced, inter alia, to a term of thirty months in prison, and was ordered at that time to pay forfeiture in the amount of $200,000. The dollar amount for restitution was not finalized at that time; WHEREAS, upon consideration of the application of Bank of Montreal ("BMO") for restitution, and the arguments by BMO and the parties, and for the reasons stated orally in Court on September 28, October 11, and October 16, 2012, it is hereby ORDERED that: 1. CASSIDY shall pay restitution in the total amount of $8,635,059 to BMO, the victim of the offense charged in Count One of the Information, as provided in 18 U.S.C. Sections 3612(f)(1) & (2). Because the defendant lacks the ability to pay interest on that amount, pursuant to 18 U.S.C. Section 3161(f)(3) the Court waives any requirement that the defendant pay such interest. The restitution amount of $8,635,059 consists of: (a) $3,600,000 in short-term incentive compensation paid by BMO to the defendant's co-conspirator David Lee ("Lee") during the period September 2006 through April 2007; and (b) $5,035,059 paid by BMO to Optionable in brokerage commissions for this same time period. Restitution payments shall be made to the Clerk of Court, who will then disburse payments to BMO at the following address:...[See Order]... Upon advice of a change of address, the Clerk of the Court is authorized to send payments to the new address without further order of this Court. 2. If any other defendant, including Lee (charged in 08 Cr. 1135 (RPP) is ordered to make restitution for the same items ordered as against CASSIDY, as set out in paragraph 1 (i.e., Lee's short-term incentive compensation and BMO's brokerage commissions paid to Optionable, Inc. during the period September 2006 through April 2007), CASSIDY's liability for restitution shall be joint and several with those defendants as to those same items of loss. Otherwise, Cassidy's liability shall continue unabated until CASSIDY has paid the full amount of restitution ordered herein. 3. The restitution shall be payable as follows:...[See Order]. SO ORDERED: (Signed by Judge Thomas P. Griesa on 5/20/2013)(bw) Modified on 5/22/2013 (ml). (Entered: 05/20/2013)
902013-05-31 NOTICE OF APPEAL by Kevin Cassidy from 89 Order of restitution. Filing fee $ 455.00, receipt number 465401068698. (nd) (Entered: 05/31/2013)
912013-06-13 TRANSCRIPT REQUEST by Kevin Cassidy No transcript ordered. (Jensen, Douglas) (Entered: 06/13/2013)
922013-10-28 STIPULATION AND ORDER as to Kevin Cassidy. IT IS HEREBY STIPULATED AND AGREED by and between defendant-appellant KEVIN CASSIDY, by and with the consent of his counsel, Douglas R. Jensen, and the UNITED STATES OF AMERICA, by Preet Bharara, United States Attorney, Jillian Jillian B. Berman, Assistant United States Attorney, of counsel, that the documents listed below constitute part of the record on appeal. Copies of these documents have been retained by the attorneys of record until requested by the Second Circuit. Executed Plea Agreement between Mr. Cassidy and the government, dated August 12, 2011. Sentencing Memorandum on behalf of Kevin Cassidy, dated April 18, 2012, with accompanying letters in support of Mr. Cassidy. Government Sentencing Submission, submitted April 23, 2012. Supplemental Sentencing Memorandum on behalf of Kevin Cassidy, dated April 24, 2012. Bank of Montreal letter, dated July 13, 2012, requesting restitution ("BMO's Request for Restitution"). Bank of Montreal letter, dated September 26, 2012, replying to Cassidy's Opposition to Restitution and in further support of BMO's Request for Restitution. (Signed by Judge Thomas P. Griesa on 10/7/2013)(jw) (Entered: 10/29/2013)
932014-07-08 MANDATE of USCA (certified copy) as to Kevin Cassidy re: 90 Notice of Appeal - Final Judgment, USCA Case Number 13-2185. Upon due consideration, it is hereby ordered, adjudged, and decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit, Clerk USCA. Issued As Mandate: 07/08/2014. (nd) (Entered: 07/08/2014)