You're viewing Docket Item 73 from the case . View the full docket and case details.

Download this document:




Case 1:11-cr-00614-RMB Document 73 Filed 12/14/11 Page 1 of 11

-agai nsi-

ALPHONSF. -1'KI.JC'C IIl(3. er al.

SURE=

4Fl'lI)AVIT

STAA1'1.; OF [email protected](ffK
1

0 U t%'s --

-



1
) ss.:

PAUL C'ONTE. being duly sworn. deposes ar,d says:

1. On Scptsrnbcr 12. 201 I .

l signed a 93.000.000 hmd as e sliretor in L:i; Ired Sta~es 1..

Alp)son.ve Tr~scc!iio. 1 1 Cr. 12-3 1 KU1U). securing defendan: 'I'nlc.cllio's release o. I hail.

1. I agree and conscnl to having my obligations as a ssurctor ir rhar case e:;tcnd to and

covcr .4lphonsc 'S:ucchio's obligations 10

P.4IJ.l. CO 4'r.E

--

Sworn t t ~ before me this the

day of December. 201 !

d

. .. .

-

' *eta? P~ibyc, S!a!e of New Yo*

M. glTR6134227

d -:
: a f l l l s ~ n & y e s Sep.ember 26.21)

Efellt;eo in Queens Coumr



.
--

-.

r .

-
-. . .

... ...

'

Case 1:11-cr-00614-RMB Document 73 Filed 12/14/11 Page 2 of 11

LWTED STATES DlSTR1CT C'OUK.1'
SOLTTI-lKRK I>ISTRICT

NEW YOKK

- L _ _ _ _ _ _ - _ - _ I - - - - - - . * - - ~ . . - - . . . . . - - - - - - - - - - - - - . - - -

X

l.:NIRl> S'I'ATES OF .AMER1('A.

AI.PMONSF. '1'KUCCHIO. ct al.

I

.



(S-1) 1 1 Cr. 6 i

l

( V M )

SUKKTY AFI'IDAVIT

PAlWCL4 CONTE. being duly sworn. d&poscs and sax& '

1 . O n September 12. 20 1 1. I signed a $3.000.i)00 h n d as a sl.retor in I~n~~rJS!arc.s

1,.

Al~lronse 'thrcchiu, I 1 C:r. 12-3 (RMB). securing defendant Tru~chia s ]elease or bail.

2. 1 asec and coltscnt to having my obligations as a surelor in that case extend to and

corn Alphonse Trucchio's obligations 10 comply with all bar1 conditi 3ns ir: this C.W.

$1 m to before me this the

17 dayolD~tnbr.2011

I

..MAR~A TRINCER,
State oi New YQ*
-- NO. WTG6134227
Qketlh.e in Queens Countv

-
n ~ a q . . P u : ~ ~ c ,
~ S + ~ I S & I G p ? e s Sep ember 26.W ,

13

.._ -.. ..

.
... ...

-

.

.
.. -



,

Case 1:11-cr-00614-RMB Document 73 Filed 12/14/11 Page 3 of 11

LNI'I'ED STATES DISTRICT COURT
SOUTHERN DISTRICT OF YEW YORK
----

--__ ------.--------.----.-------------

X

UNITED STA'I'ES OF AMERICA,

ALPHONSE TRLCCHIO, er al.

(S-1) 11 Cr. 614 (VM)

SURETY AFFlDAVlT

_______-____---__-_-~-~---~--~------~-----.--------

X

Defendants.

STATE OF hTW ORK
COUNTY OF

4

)
) ss.:

VINCENT MONTELLA, being duly sworn, deposes and says

1. On September 12,201 1. I signed a 93,000,000 bond as a siretor in Un;ted &!ares v.

Alphonse Trucchio, 11 Cr. 12-3 (RMB), securing defendant Trucchio s release or, bail.

2. I agree and consent to-having my obligations as a suretor in that casc e:i.tend to and

cover Alphonse Trucchio's obliga~ions to comply with all bail conditions in this case.

to before me this the
day of December. 20 1 1

- O l l F : 6 1 5 ~ i 2 7

i' ~#&IATT;; l(',:;f?t

. -.
I -. ...

. .

... ....

~ * r y P&IIC' S . 9 ~ e vl ..cs.W YO-

l~rnol$'&)~rehe~

in (!*.t:en.: Couvly

ember 26.20 -
13

Case 1:11-cr-00614-RMB Document 73 Filed 12/14/11 Page 4 of 11

LMTED STATES DISTRICT COUK'T
SOUTHERN DISTRICT OF NEW YORK

UXlTE3.l STATES OF AMERICA,

AI.PHONSE TRUCCHIO, et al.

-------_--_----------------------------------*--------

Defendants.

x

)
) ss.:

(S-1) l l Cr. 61.1 (VM)

SURETY AFF :DAVIT

ASSUNTO AGOSTINELLI, being duly sworn, deposes and siys:

1 . On September 12,20 1 1 , I signed a $3,000,000 bond as a st retor in IJn red Slates rl.

Alphonse Trucchio, 1 1 Cr. 12-3 (RMB), securing defendant 'l'rucchio s release 01 bail.

2. I agree and conscnt to having my obligations as a suretor ir that case e ;tend to and

cover Afphonse Trucchio's obligations to cornply with all bail candit ons in this :ase.

to before me this the
dpy of December, 20 1 1

Case 1:11-cr-00614-RMB Document 73 Filed 12/14/11 Page 5 of 11

UNITED STATES DlSTRICT COURT
SOUTHERN DISTKJCT OF NEW YORK

_ _ - _ _ - _ ~ ~ - _ _ ~ - ~ - _ r _ - - - - - - - - - - - ~ - - - - ~ ~ ~ ~ - - - - - - I -

X

1JNITED S TATES OF AMERICA,

-as& nst -

ALPHONSE TKUCCHIO, et al.

-------------L--------------------------------------

Defendants.

COUNTY OF

X

)
) ss.:

(S-1) I I Cr. 61 4 (VM)

SURETY AFF [DAVIT

KOSALIA AGOSTMELLI, being duly sworn, deposes and stiys:

1. On September 12. 20 1 I , I signed a $3,000,000 bond as a stretor in United Stutes v.

Alphonse Trucchio, 1 1 Cr. 12-3 (RMB), securing defendant Trucchio s release 01 bail.

2.1 agree and consent to having my obligations as a suretor in that case e- :.tend t o and

cover Alphonse Trucchio's obligations to comply with all bail condirons in this I .ase.

Sworn to before me this the
1 3 day of December, 20 1 1

Case 1:11-cr-00614-RMB Document 73 Filed 12/14/11 Page 6 of 11

lC94TRUEXCERPT
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

EXCERPT

pppp------------------------p-

X

UNITED STATES OF AMERICA

ALPHONSE TRUCCHIO, et al.,

Defendants.

Before :

New York, NY
December 9, 2011
(EXCERPT )

HON. VICTOR MARRERO

District Judge

APPEARANCES

PREET BHARARA

United States Attorney for the
Southern District of New York

JONATHAN COHEN
MICHAEL FERRARA

Assistant United States Attorneys

GERALD McMAHON

Attorney for Defendant Alphonse Trucchio

CURTIS FARBER

Attorney for Defendant Christine Gunning

FRANCISCO CELEDONIO

Attorney for Defendant Richard Gutowski
(for this proceeding only)

SOUTHERN DISTRICT REPORTERS, P.C.

(212) 805-0300

Case 1:11-cr-00614-RMB Document 73 Filed 12/14/11 Page 7 of 11

2

lC94TRUEXCERPT

EXCERPT

THE COURT: Two attorneys indicated they had something

different on behalf of their clients than everybody else.

MR. CELEDONIO: If I may, if the court recalls, I am

standing in for Mr. Richard Gutowski. His counsel is not here;
he has not retained counsel. His bail conditions are set to be
met this coming Wednesday. He asks that I request the court to
extend that date until Friday since he does not have counsel
and he doesn't don't know exactly what the parameters are. So
if the court could at least orally, I believe the government
will consent, permit the bail conditions for Mr. Gutowski to be
met by December 16, a week from today, he would greatly
appreciate it.

MR. J. COHEN: The government would not object to

that.

MR. CELEDONIO: Thank you, your Honor.
MR. FARBER: For Christine Gunning, two matters I

discussed with the government already. One, right now there is
going to be a requirement of three financially responsible
individuals to sign my client's been. She has two. The
application is going to be made to reduce the number from three
to two for the number of required signers on the bottom.

Second, my client has certain medical issues that
require her to see a physician in Pennsylvania on a regular
basis. The application is to expand her travel permanently to
allow her to go to the District of Pennsylvania, the Scranton

SOUTHERN DISTRICT REPORTERS, P.C.

(212) 805-0300

Case 1:11-cr-00614-RMB Document 73 Filed 12/14/11 Page 8 of 11

lC94TRUEXCERPT
area, so she can see her doctor as needed.

EXCERPT

THE COURT: Mr. Cohen.
MR. J. COHEN: The government would not object to

those two applications. The government is not sure standing
here which district of Pennsylvania Scranton is in.

MR. FARBER: I believe it's the eastern, but I am not

sure.

THE COURT: Whatever district it is, you are talking

about specifically about Scranton, Pennsylvania.

MR. FARBER: Yes.
THE COURT: It's the Middle District.
MR. FARBER: Thank you.
THE COURT: Thank you.
MR. McMAHON: Your Honor, on behalf of Alphonse

Trucchio. He is a defendant in a case before Judge Berman,
indictment number llCR12. The bail package here that
Mr. Trucchio was released on was the same bail as was posted
before Judge Berman which is a $3 million bond secured by
$500,000 and real estate. There are five co-signers on that
bond.

My application, your Honor, because some of these

co-signers are elderly, is to have them each sign surety
affidavits saying that they agree that their obligations under
the Judge Berman bonds would also cover Mr. Trucchio's bail
conditions here in this case before your Honor. I have advised

SOUTHERN DISTRICT REPORTERS, P.C.

(212) 805-0300

Case 1:11-cr-00614-RMB Document 73 Filed 12/14/11 Page 9 of 11

4

1C94 TRUEXCERPT
the government of the nature of this request. I would ask your
Honor to authorize that.

EXCERPT

THE COURT: Mr. Cvhen.
MR. J. COHEN: Yes, your Honor. Certainly if the

magistrate court has no issues, if the clerks there have no
issues doing that, the notarized continuation of bail
conditions from the other case is not objectionable to the
government.

THE COURT: It will be so ordered contingent upon

those circumstances being complied with.

MR. McMAHON: I went to the magistrates clerk office

first. They said they didn't have any problem with it so long
as your Honor had no problem with it. I assumed that when I
spoke to the government, that that would be appropriate.

THE COURT: It will be done on consent of the

government.

MR. McMAHON: Thank you.
THE COURT: Thank you.
MR. J. COHEN: Thank you, your Honor.

- - -

SOUTHERN DISTRICT REPORTERS, P.C.

(212) 805-0300

Case 1:11-cr-00614-RMB Document 73 Filed 12/14/11 Page 10 of 11

$3 MILLION PRB. CO-SIGNED BY 5 FINANCIALLY RESPONSIBLE PERSONS. SECURED BY THE FOLLOWING FOUR PROPERTIES:
(1) 36 PIPER DRIVE, ALBERTSON, N.Y. 11507; (2) 161-47 84 STREET, HOWARD BEACH, N.Y. 11414; (3) 135-47 120 STREET, S. OZONE
PARK, N.Y. 1 1420 AND (4) 130-27 1 15 STREET, S. OZONE PARK, N.Y. 11420. THE BOND ALSO NEEDS TO BE SECURED BY
ADDITIONAL PROPERTY OR CASH IN THE APPROXIMATE AMOUNT OF $500,000. STRICT PRETRIAL SUPERVISION WITH
WEEKLY IN PERSON REPORTING. HOME CONFINEMENT WITH ELECTRONIC MONITORING - SEE TRANSCRIPT FOR
ALLOWABLE OUT OF HOME ACTIVITY (E.G. CHURCH). TRAVEL RESTRICTED TO SDNY & EDNY. SURRENDER PASSPORT & NO
NEW APPLICATIONS. DEFT MAY MEET WITH ATTORNEY'S; ATTEND COURT APPEARANCES; ATTEND TO PERSONAL MEDICAL
EMER-S;
NVERSATIONS WITH CO-
DEFTS, WITNESSES AND/OR VICTIMS WITHOUT COUNSEL PRESENT. DEFT SHALL HAVE NO CONTACTNO MEETINGSIN0
CONVERSATIONS WITH CONVICTED FELONS OR THOSE ENGAGED IN CRIMINAL ACTIVITY. DEFT SHALL NOT POSSESS OR USE
A CELL PHONE. DEFT SHALL NOT POSSESS CASH IN EXCESS OF $750.00. DEFT MAY BE RELEASED UPON THE SIGNATURE OF 2
CO-SIGNERS & HIS SIGNATURE AND ELECTRONIC MONITORING IN PLACE. OTHER CONDITIONS TO BE MET BY 911611 1.
A 0 100 (Rev. 06/09) Agreement to Forfeit Real Property to Obtain a Defendant's Release

AND RELIGIOUS SERVICES. DEFT SHALL HSA

for the

Southern District of New York

1
1
)

Case No. 1 1 CR. 12 -3 (RMB)

United States of America

v.

ALPHONSE TRUCCHIO

Defendant

AGREEMENT TO FORFEIT REAL PROPERTY TO OBTAIN A DEFENDANT'S RELEASE

To obtain the defendant's release, we jointly and severally agree that we and our personal representatives, jointly and
severally, are bound to pay the United States of America the sum of
$ 310001000
secured by $ 500,000 in cash andla PROPERTIES (describe other security) if
this defendant fails to appear as required for any court proceeding or for the service of any sentence imposed as may be
noticed or ordered by any court, or fails to comply with any conditions of release set by the court considering this matter.
Ownership. We declare under penalty of perjury that we are this property's sole owners and that it is not subject
to any claim, lien, mortgage, or other encumbrance except as disclosed above. We promise not to sell, mortgage, or
otherwise encumber the property, or do anything to reduce its value while this agreement is in effect. We deposit with the
court the following ownership documents, including any encumbrance documents (list all documents and submit as attachments):

Surety Information. We understand that the court and the United States of America will rely on the surety

information in approving this agreement.

Conditions of Release. We state that we have either read all court-ordered conditions of release imposed on the

defendant or had them explained to us.

Continuing Agreement. Unless the court orders otherwise, this agreement remains in effect during any appeal or

other review until the defendant has satisfied all court notices, orders, and conditions.

Exoneration of Sureties. This agreement is satisfied and ends if the defendant is exonerated on all charges or, if

convicted, the defendant reports to serve any sentence imposed.

Fo$eiture.

If the defendant fails to obey all conditions of release, court notices, and orders to appear, the court

will immediately order the property forfeited and on motion of the United States of America may order a judgment of
forfeiture against the signing parties and their representatives, jointly and severally, including interest and costs.

Case 1:11-cr-00614-RMB Document 73 Filed 12/14/11 Page 11 of 11