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Case 1:11-cr-00614-MHD Document 229 Filed 04/22/13 Page 1 of 18

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ORDER

S4 11 Cr. 614

(VM)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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UNITED STATES OF AMERICA

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BORIS YUSUPOV,

Defendant.

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WHEREAS, with defendant BORIS YUSUPOV's consent, his

guilty plea allocution was taken before United States Magistrate

Judge Michael H. Dolinger on March 21, 2013;

WHEREAS a transcript of the allocution was made and

thereafter was transmitted to the District Court; and

WHEREAS, upon review of that transcript, this Court has

determined that the defendant entered the guilty plea knowingly

and voluntarily, and that there was a factual basis for the

guilty plea;

IT IS HEREBY ORDERED that the defendant's guilty plea

is accepted.

Dated: New YQ4,_ New York
April E--~; 2013

United States District Judge

Southern District of New York


Case 1:11-cr-00614-MHD Document 229 Filed 04/22/13 Page 2 of 18

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
------------------------------x
UNITED STATES OF AMERICA,

v.

BORIS YUSUPOV,

Defendant.

------------------------------x

Before: .

11 CR 614

(VM)

New York, N.Y.
·March 21, 2013
11:28 a.m.

HON. MICHAEL H. DOLINGER,

Magistrate Judge

APPEARANCES

PREET BHARARA,

United States Attorney for the
Southern District of New York

JONATHAN COHEN

Assistant United States Attorney

LOUIS R. AIDALA

Attorney for Defendant

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SOUTHERN DISTRICT REPORTERS, P.C.

(212) 805-0300

/

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Case 1:11-cr-00614-MHD Document 229 Filed 04/22/13 Page 3 of 18

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(In open court)

THE DEPUTY CLERK: United States v. Boris Yusupov.

Counsel, state your name for the record.

MR. COHEN:

Jon Cohen on behalf of the government.

Good afternoon, your Honor.

MR. AIDALA: No, it's good morning, your Honor.

MR. COHEN: Still morning.

MR. AIDALA: Louis R. Aidala, A-I-D-A-L-A, for

Mr. Yusupov, who's alongside of me.

THE COURT: Let me just clarify one thing.

The plea agreement refers to the charge as being

aiding and abetting; is that, in fact, the case? Because the

text of the information doesn't seem to say that, although it

does cite Section 2.

MR. COHEN: Yeah, it cites Section 2. It's an aiding

and abetting theory, your Honor.

THE COURT: Okay. Am I also correct that, if

convicted on the charge, the defendant would face up,to six

months in prison, up to one year of supervised release, a fine

of $3,000, and a $10 special assessment?

MR. COHEN: That's correct, your Honor.

THE COURT: Okay. Mr. Yusupov, the fourth superseding

information in this case charges you with a violation of the

U.S. immigration laws. Ordinarily, when a defendant enters a

plea to a charge such as this, he will do so before a United

SOUTHERN DISTRICT REPORTERS, P.C.

(212) 805-0300

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Case 1:11-cr-00614-MHD Document 229 Filed 04/22/13 Page 4 of 18

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States District Judge, who will also conduct the required

question-and-answer session that accompanies the plea.

However, with the consent of the defendant, United States

Magistrate Judges, of whom lim one, also have the authority to

take a plea in a case such as this.

If you would consent to enter your plea before a

magistrate judge, yould receive all the same protections as you

would have before a district judge. Do you understand that?

THE DEFENDANT: Yes.

THE COURT:

Is it your wish at this time to enter a

plea before a magistrate judge?

THE DEFENDANT: Yes, sir.

THE COURT:

Is this your signature on the consent

form?

THE DEFENDANT: That's affirmative.

THE COURT: Now, before I take your plea, I have to

ask you some questions and, therefore, I need to put you under

oath.

(Defendant sworn)

THE COURT: Would you please state your full name.

THE DEFENDANT: My name is Boris, last name is

Yusupov.

THE COURT: What is your age?

THE DEFENDANT:

37 years at the time ..

THE COURT: What is the extent of your formal

SOUTHERN DISTRICT REPORTERS, P.C.

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education?

THE DEFENDANT: Master degree in the Soviet, bachelor

equivalent to here.

THE COURT: Are you now or have you recently been

under the care of a doctor or psychiatrist for any reason?

THE DEFENDANT: No.

THE COURT: Are you currently under any medication?

THE DEFENDANT: No.

THE COURT: Are you at this time under the influence

of any mind-altering drugs or alcoholic drinks?

THE DEFENDANT: Negative.

THE COURT: Have you been able to understand pretty

much everything that's been said to you so far today?

THE DEFENDANT: Yes.

THE COURT: Have you received a copy of the fourth

superseding information?

THE DEFENDANT: Yes, sir.

THE COURT: Have you read it or do you want me to read

it to you?

THE DEFENDANT:

I have been.

THE COURT: Do you understand what it says you did?

THE DEFENDANT: Yes.

THE COURT: Have you had an opportunity to discuss

this charge and how you wish to plead today with your attorney?

THE DEFENDANT: Yes, I did, sir.

SOUTHERN DISTRICT REPORTERS, P.C.

(212) 805-0300

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THE COURT: Are you satisfied with your attorney?

THE DEFENDANT: Yes.

THE COURT: Are you ready at this time to enter a plea

to the charge?

THE DEFENDANT: Yes, sir.

THE COURT: Bearing in mind that the information

charges you in substance with aiding and abetting a practice of

hiring undocumented aliens for employment purposes, how do you

plead to this charge, guilty or not guilty?

THE DEFENDANT: Guilty, your Honor.

THE COURT: Because you're proposing to enter a guilty

plea, I have to ask you some additional questions. My purpose

in doing so is to ensure that you understand the consequences \

of pleading guilty, and also to be certain that your plea is,

in fact, voluntary.

First of all, I want you to understand that, if

convicted on this charge, you could face a potential maximum

penalty that would involve a prison term of as long as six

months, a term of supervised ,release of as long as one year, a

fine of up to $3,000 for each alien hired, and a mandatory

special assessment of $10.

Do you understand that?

THE DEFENDANT: Yes, sir.

THE COURT: Do you also understand that if as part of

your sent'ence you were placed on supervised release and you

SOUTHERN DISTRICT REPORTERS, P.C.

(212) 805-0300

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C_:

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violate any of the conditions of that release, your supervised

release term could be revoked, ,and you could face an additional

term of imprisonment?

Do you understand that?

THE DEFENDANT: Yes, sir.

THE COURT: Are you a United States citizen?

THE DEFENDANT: Yes, sir.

THE COURT: Do you understand that you have a right to

plead not guilty to this charge and a right to a trial?

THE DEFENDANT:

I understand, sir.

THE COURT: Do you understand that if you decided to

plead not guilty and went to trial, the burden would be on the

government to prove your guilt beyond a reasonable doubt?

THE DEFENDANT: Yes.

THE COURT: Do you understand that at such a trial,

you would be presumed innocent unless and until the government

proved your guilt beyond a reasonable doubt?

THE DEFENDANT:

I understand, sir.

THE COURT: You understand that at such a trial, you

would be entitled to be represented by a lawyer at all stages,

and if you could not afford to hire one, the services of an

attorney would be provided without charge?

THE DEFENDANT: Yes.

THE COURT: Do you understand that at such a trial,

you would be entitled, through your lawyer, to cross-examine

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any witnesses called by the government to testify against you?

THE DEFENDANT: Yes, sir.

THE COURT: Do you understand also that at such a

trial, you would be entitled to call witnesses to testify on

your behalf?

THE DEFENDANT: Yes, I'm aware of that.

THE COURT: Do you understand also that at such a

trial, you would be entitled to use the authority of the Court

through the issuance of subpoenas to compel witnesses to corne

to court to testify for you?

THE DEFENDANT: Yes, I understand that.

THE COURT: Do you understand also that at such a

trial, you would be entitled, if you wished, to testify on your

own behalf?

THE DEFENDANT:

I know that, sir.

THE COURT: Do you understand also that at such a

trial, you would not be required to incriminate yourself, that

is, you would not be required to testify against yourself?

THE DEFENDANT: Yes.

THE COURT: Do you understand that by pleading guilty,

you're giving up all of these protections, including a trial,

and the only remaining step will be the imposition of sentence?

THE DEFENDANT:

I understand it, sir.

THE COURT: Do you understand the nature of the charge

to which you're pleading guilty?

SOUTHERN DISTRICT REPORTERS, P.C.

(212) 805-0300

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THE DEFENDANT: Yes.

THE COURT: You understand the range of penalties to

which you are at least potentially subjecting yourself by

pleading guilty?

THE DEFENDANT: Yes, your Honor.

THE COURT: You understand also that if any of the

answers you give to me today prove to have been untruthful, you

could face a separate prosecution for perjury?

THE DEFENDANT: Yes.

THE COURT: Do you still wish to plead guilty?

THE DEFENDANT: Yes, your Honor.

THE COURT: Have any threats been made to influence

how you plead today?

THE DEFENDANT: No.

THE COURT:

I have received a copy of a letter dated

March 1, 2013 which was sent from United States

MR. AIDALA:

Judge, can I ask -­

(Pause)

MR. AIDALA:

Judge, I'll tell you what. When the

prosecutor brought in the plea agreements, apparently there was

one dated February 27th. And I guess when he redid it, and I

know he sent to me one dated March 1st, but this morning we

have February 27th, but the one you have, which is the

original, I guess, is March 1st.

I think they both contain the

exact same language, but so that there's no confusion, I don't

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SOUTHERN DISTRICT REPORTERS, P.C.

(212) 805-0300

C...

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know whether that was. the only March 1st one.

THE COURT:

Is there a signed plea agreement?

MR. COHEN: There's a signed plea agreement.

I

believe what happened, your Honor, on one of them it has March

5 1 s t as the date, because of an update on the software that has

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automatic updating.

THE COURT: Which is the one that was signed?

MR. COHEN: All three have been signed by all parties.

Your Honor can proceed on that copy or on these copies.

MR. AIDALA: The copy I have is the February 27th

copy.


THE COURT:

Is the signed March 1 plea agreement the

same as the March 1 plea agreement that has been handed·up to

me?


MR. COHEN: Yes, your Honor.

If your Honor would like to give the defendant a

moment to look at that precise agreement.


THE COURT: Certainly.


MR. AIDALA: The question is is the one February 27th

that the prosecutor has and I have the same as the March 1st

one that you have.

THE COURT: Mine is unsigned, by the way.

MR. COHEN: Oh, so perhaps this was the one that -­

I

see.


MR. AIDALA: That's the one that was emailed

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Case 1:11-cr-00614-MHD Document 229 Filed 04/22/13 Page 11 of 18

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apparently by the prosecutor.

MR. COHEN: So, Judge, you do have a signed one up

there. This is a different copy.

THE COURT: There is one I have, which is signed and

it's dated February 27.

MR. AIDALA: That's the one that's been executed,

Judge.

Honor.

MR. COHEN: That's the one that's been executed, your

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THE COURT: Okay. Let me ask, while we're discussing

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this, do the guidelines apply in this case?

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MR. COHEN:

It does not, your Honor, because this is a

Class B misdemeanor.

THE COURT: Okay.

As I was, I think, saying before, Mr. Yusupov, I have

received what appears to be a plea agreement in the form of a

letter dated February 27, 2013. Apart from what is contained

in this letter, have any promises been made to you as to the

sentence that you will receive in this case?

THE DEFENDANT: Say it again please.

THE COURT: Putting aside what's in this February 27

letter, which is apparently a plea agreement, have you been

promised a particular sentence in this case?

THE DEFENDANT: No.


THE COURT: You understand that the decision as to the


SOUTHERN DISTRICT REPORTERS, P.C.

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appropriate sentence will be entirely up to the trial judge,

Judge Marrero?

THE DEFENDANT: Yes, sir, I know that.

THE COURT: You understand also that even if you're

shocked and disappointed at the sentence that you receive from

Judge Marrero, you will still be bound by your guilty plea?

THE DEFENDANT: Yes.

THE COURT; Did you sign this plea agreement?

THE DEFENDANT: Yes.

THE COURT: Before you signed it, did you discuss it

with your attorney?

THE DEFENDANT: Yes, I did.

THE COURT: Did he explain to you all of its terms and

conditions?

THE DEFENDANT: He did .

THE COURT: Now, I note that as part of the plea

agreement, there is a provision that you will be giving up your

right to appeal from your conviction and sentence, provided the

sentence is not longer than the statutory maximum of six

months. Do you understand that?

THE DEFENDANT: Yes.

THE COURT: Do you also understand that as part of

this plea agreement, even if it turns out that the government

has improperly withheld from your attorney information that

would have been helpful to him in defending you at trial,

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you're giving up your right to complain about that form of

government misconduct?

Do you understand that?

THE DEFENDANT: Yes, I understand, sir.

THE COURT:

Is your plea voluntary and made of your

own free will?

THE DEFENDANT: Yes.

THE COURT: Did you, in fact, commit the crime that is

charged in the information?

THE DEFENDANT: Say it again please.

THE COURT: Did you commit the crime that is charged

in the information?

THE DEFENDANT: Yes.

THE COURT: Now, before I ask Mr. yusupov to specify

his conduct, I will ask the government briefly to summarize the

elements that it would have to establish at trial to sustain

this charge.

MR. COHEN: Of course, your Honor.

To sustain a charge of aiding and abetting violations

of Title 8, Section 1324a(a) and 1324a(f) , the government would

have to prove that the defendant aided and abetted an

individual who was engaged in a pattern of hiring illegal

aliens, a pattern and practice of hiring illegal aliens; and

that the defendant knew that they were illegal aliens; and that

that individual did.

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SOUTHERN DISTRICT REPORTERS, P.C.

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MR. AIDALA:

Judge, if I may add something.

I notice there's a waiver of venue. Now, that's been

done on the basis of the representation by the government that

with respect to the original indictment, if he wQuld go to

trial, that they would have no problem in establishing venue

within the confines of the Southern District of New York. And

based on that representation, we waive any venue with respect

to the information.

MR. COHEN: That's absolutely correct, your Honor.

THE COURT: Okay.

MR. AIDALA: The other representation was made is that

to the best of the knowledge of the prosecution, there's no

pending investigation or any pending indictment as to

Mr. Yusupov. Of course, if the State of Kansas intends to

indict him for purloining Dorothy's ruby red slippers, that is

not binding on the Southern District of New York.

THE COURT: Okay.

MR. COHEN:

Judg~, may I -- Mr. Aidala has asked me to

make that representation.

I do want to make clear that this

piea agreement does not bind other districts at all. The

representation I'm willing to make is that I don't know of any

other investigations into Mr. YUsupov.

THE COURT: And I take it that's a sufficient

representation for the defendant to be entering his plea now;

is that correct, Mr. Aidala?

SOUTHERN DISTRICT REPORTERS, P.C.

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MR. AIDALA: Yes.

THE COURT: Okay. Now, Mr. Yusupov, can you tell us

in your own words what it is that you did that forms the basis

for the charge to which you're now pleading guilty.

THE DEFENDANT:

In the year of 2010 and '11, I helped

to transport unauthorized aliens who were hired by another

person,and to work at the clubs. And I knew that they were

unauthorized to do so.

THE COURT: You knew that at the time?

THE DEFENDANT: Say it again?

THE COURT: You knew that at the time that they'were

unauthorized

THE DEFENDANT: Yes.

THE COURT:

aliens?

And when you say you helped to transport them, that

was to transport them to the location where they were to be

employed; is that correct?

THE DEFENDANT: Yes.

THE COURT: Are there any other questions that I

should ask the defendant at this time?

MR. COHEN: No, your Honor.

THE COURT: Do either of you know of any reason why

the plea should not be accepted?

MR. AIDALA: No, your Honor.

MR. COHEN: No, your Honor.

SOUTHERN DISTRICT REPORTERS, P.C.

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THE COURT:

11m satisfied that Mr. Yusupov und~rstands

the nature of the charge to which he's pleading guiltYI and

that he understands the consequences of his guilty plea.

11m

also satisfied that his plea is voluntary I and that there is a

factual basis for it.

I'm therefore recommending that Judge

Marrero accept the proffered plea.

I assume the government will order the transcript of

today's proceeding and submit it together with any other

paperwork to Judge Marrero so that he may act on this

recommendation.

MR. COHEN: Yes. The government has already ordered a

transcript with the court reporter. Thank you.

THE COURT: Very well.

Anything else on this matter?

MR. COHEN: Not from the government your Honor.

I

MR. AIDALA: No, your Honor.

THE COURT: Thank you.

MR. COHEN:

Judge I actuallYI one more thing.

How would you like us to proceed with regard to the

sentencing date before Judge Marrero, that I should just call

chambers and pick one or would you prefer to set a control

date?

THE COURT: N0 1 you should contact Judge Marrero's

chambers. And I have no doubt that they will give you an

appropriate date.

SOUTHERN DISTRICT REPORTERS I P.C.

(212) 805 0300

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MR. COHEN: Okay. Thank you, your Honor.

THE COURT: Thank you.

MR. AIDALA:

Judge, I don't know if you mark it that

I'll be present when he's interviewed by probation.

THE COURT: Okay. Fine.

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SOUTHERN DISTRICT REPORTERS, P.C.

(212) 805-0300


Case 1:11-cr-00614-MHD Document 229 Filed 04/22/13 Page 18 of 18

U.S. Department of Justice

United States Attorney
Southern District ofNew York

The Silvio J. Mollo Building

One Saint Andrew 's Plaza
New York, New York 10007

April 22, 2013

BY HAND AND BY ELECTRONIC MAIL
The Honorable Victor Marrero
United States District Judge
United States District Court for the
Southern District of New York

Daniel Patrick Moynihan

United States Courthouse

500 Pearl Street, Chambers 1040
New York, New York 10007

Re:

United States v. Boris Yusupov,
S4 11 Cr. 614 (VM)

Dear Judge Marrero:

Defendant Boris Yusupov entered a guilty plea on March 21, 2013 before United States

Magistrate Judge Michael H. Dolinger. The Government respectfully requests that the Court
accept Yusupov's guilty plea. Enclosed please find a transcript of the proceedings and a
proposed Order accepting the plea. Sentencing is currently scheduled for July 19,2013, at 2:00
p.m.

Respectfully submitted,

PREET BHARARA
United States Attorney
Southern District of New York

By:

Jonathan Cohen/Michael Ferrara
Assistant U.S. Attorneys
212-637-2408/-2526

Enclosures

Cc: Louis Aidala, Esq.