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Case 1:11-cr-00614-VM Document 230 Filed 04/22/13 Page 1 of 22
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

......._-_..... i


- x

UNITED STATES OF AMERICA

- v. -

ORDER

ALEXANDER BELESON,

Sill Cr. 614

(VM)

Defendant.

-

-

-

- x

WHEREAS, with defendant ALEXANDER BELESON's consent,

his guilty plea allocution was taken before United States

Magistrate Judge Henry B. Pitman on March 28, 2013;

WHEREAS a transcript of the allocution was made and

thereafter was transmitted to the Dist ct 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 York, New York
April')/:L- , 2013

/~~

HON. fuTORMARRERO
United States District Judge
Southern District of New York

Case 1:11-cr-00614-VM Document 230 Filed 04/22/13 Page 2 of 22

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

v.

ALEXANDER BELESON,

Defendant.

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

Before:

New York, N.Y.

11 Cr. 614

(VM)

March 28, 2013
12:15 p.m.

HON. HENRY B. PITMAN,

Magistrate Judge

APPEARANCES

PREET BHARARA

United States Attorney for the
Southern District of New York
JOHN COHEN
Assistant United States Attorney

BY:

ALBERT DAYAN

Attorney for Defendant

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(In open court)

THE DEPUTY CLERK: United States v. Alexander Beleson.

Counsell please state your name for the record.

MR. COHEN:

John Cohen on behalf of the government.

Good morning, your Honor.

MR. DAYAN: For Mr. Beleson, I'm Albert Dyan. Good

afternoon, Judge.

THE COURT: Good afternoon.

Mr. Beleson l are you able to hear the interpreter

through the headset? Yes?

THE DEFENDANT: Yes.

THE COURT: Mr. Beleson, if at any time you can't hear

the interpreter, if you have any problem with the headset, if

you have any problem understanding what is being said, tell

Mr. Dyan, poke him in the arm, so that we know immediately and

we will try to correct any problems.

It is very important that

you understand every word that is said here today. All right.

The first order of business will be for Mr. Hampton to

swear the interpreter.

(Interpreter sworn)

THE COURT:

I understand there is an application on

behalf of Mr. Beleson.

MR. DAYAN:

.Yes, Judge. There is an application on

behalf of Mr. Beleson. He has authorized me to withdraw his

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previously entered plea of not guilty and enter a plea of

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guilty to Count Seven of the indictment in satisfaction of the

two counts for which he is indicted presently. That is, Count

Six and Seven. The former charging him with visa fraud and the

latter, the one to which he is pleading guilty to, is a count

of immigration fraud.

THE COURT: My understanding is Count Seven charges

him with conspiring to transport, harbor and induce the entry

of an alien in violation of the immigration laws.

MR. DAYAN: Yes.

THE COURT: At this time let me ask Mr. Hampton to

place two documents before Mr. Beleson. There is a document

entitled consent to proceed before a United States magistrate

judge on a felony plea allocution and a document in the form of

a letter marked Court Exhibit 1.

Mr. Beleson, two documents have been placed before

you. First I want to discuss with you the one-page document

entitled consent to proceed before a United States magistrate

judge.

Do you see the one-page document, sir?

THE DEFENDANT: Yes.

THE COURT: Does your signature appear on the bottom

of'that document?

THE DEFENDANT: Yes (in English) .

THE COURT: Did you read it before -- excuse me. Was

the document translated for you into your native tongue before

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you signed it?

THE DEFENDANT: Yes (in English) .

THE COURT: Did you discuss it with your attorney

before you signed it?

THE DEFENDANT: Yes.

THE COURT: Do you understand that you have the right

to have your guilty plea taken by a district court judge

instead of a magistrate judge?

Do you understand you have that right?

THE DEFENDANT: Yes.

THE COURT: Do you understand that by signing that

piece of paper you are consenting to have your plea taken by a

magistrate judge and giving up your right to have your plea

taken by a district court judge?

Do you understand that is the effect of your signature

on that piece of paper?

THE DEFENDANT: Yes.

THE COURT: Has anyone made any promises to you or has

anyone made any threats to you or has anyone used any force

against you to induce you to consent to proceed before a

magistrate judge?

11m sorry. Was there an answer?

THE DEFENDANT: No.

THE COURT: There is a second document before you in

the form of a letter marked Court Exhibit 1.

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Do you see Court Exhibit 1?

THE DEFENDANT: Yes.

THE COURT: Does your signature appear on the last

page of Court Exhibit I?

THE DEFENDANT: Yes.

THE COURT: Was Court Exhibit 1 translated for you

into your native tongue before you signed it?

THE DEFENDANT: Yes.

THE COURT: Did you discuss Court Exhibit 1 with your

attorney before you signed it?

THE DEFENDANT: Yes.

THE COURT: And is Court Exhibit 1 an agreement with

the government concerning your guilty plea?

THE DEFENDANT: Yes.

THE COURT: Thank you.

Mr. Hampton, would you please bring both documents

back up.

Would you please place Mr. Beleson under oath.

(Defendant sworn)

THE COURT: Mr. Beleson, you have now been placed

under oath.

If you make a false statement during these

proceedings, you could be prosecuted for perjury.

Do you understand that?

THE DEFENDANT: Yes.

THE COURT: Mr. Beleson, the law requires that I ask

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you a number of questions to ensure that your plea is knowing

and voluntary in all respects, to ensure that you understand

what you are doing here today and to ensure that you understand

the consequences of what you are doing.

If you don't understand any question that I ask you,

tell me that you don't understand the question and I will

either try to clarify the question or give you a chance to

speak with your attorney so that you understand exactly what is

being asked of you.

In addition, if at any time during these proceedings

you want to speak to your attorney for any reason whatsoever,

just tell me that you want to speak with your attorney and

I

will give you the chance to speak with him privately.

Do you understand that?

THE DEFENDANT: Yes.

THE COURT: Would you please state your full name.

THE DEFENDANT: Alexander Beleson.

THE COURT: How old are you, sir?

THE DEFENDANT:

55.

THE COURT: How far did you get in school?

THE DEFENDANT: Higher education.

THE COURT: Higher education?

THE DEFENDANT: Yes.

THE COURT: How many years of education did you have?

THE DEFENDANT: Eight years at school and institute of

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higher learning after that.

THE COURT: Have you recently been treated for any

type of mental illness?

THE DEFENDANT: No.

THE COURT: Have you recently been treated for drug

addiction of any kind?

THE DEFENDANT: No.

THE COURT: Have you recently been treated for

alcoholism?

lim sorry. Was there an answer?

THE DEFENDANT: No.

THE COURT; Have you had any beer, wine or liquor

within the last 24 hours?

THE DEFENDANT:

I drank a beer at the airport.

THE COURT: When did you drink the beer? What time?

THE DEFENDANT:

In Los Angeles before departure.

THE COURT: You flew from Los Angeles last night?

THE DEFENDANT: Yes.

THE COURT: And about what time did you have the beer?

THE DEFENDANT:

I believe I was leaving yesterday

around noon.

THE COURT:

So it is currently 20 after 12 here. So

it is about 21 hours, I would estimate.

As you sit here todaYt are you feeling any effects

from the beer or any other drinks?

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THE DEFENDANT: No.

THE COURT: Have you taken any kind of drugs or

medication, legal or illegal, within the last two days?

THE DEFENDANT: Once a day I take a medication against

cholesterol.

THE COURT:

Is there anything about that medication

that makes you sleepy or drowsy or affects your ability to

think or to understand?

THE DEFENDANT: No.

THE COURT: Apart from cholesterol, are you currently

being treated by a doctor or other health care provider ,for any

other condition?

THE DEFENDANT: No.


THE COURT:

In general, do you

clearheaded today


and able to understand what is going on around you?

THE DEFENDANT: Yes.

THE COURT:

Is either the government or ,defense

counsel aware of any physical, psychological or emotional

condition that might prevent Mr. Beleson from entering a guilty

plea today? '

MR. COHEN: No, your Honor.

MR. DAYAN: None from the defense.

THE COURT: Mr: Beleson, have you received a copy of

indictment Sl 11 Cr. 614 which has been filed against you?

THE DEFENDANT: Yes.

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THE COURT: And has the indictment been translated for

you into your native tongue?

THE DEFENDANT: Yes.

THE COURT: Have you had a chance to discuss the

charges against you with your attorney, Mr. Dyan?

THE DEFENDANT: Yes.

THE COURT: Are you generally satisfied with

Mr. Dyan 1 s representation of you in this case and with the

advice that he1s given to you?

THE DEFENDANT: Yes.

THE COURT: And is it your intention here today to

plead guilty to Count Seven of the indictment?

THE DEFENDANT: Yes.

THE COURT:

I want to discuss with you briefly the

nature of the charge against you in Count Seven, the elements

the government would have to prove beyond a reasonable doubt in

order to establish your guilt and the penalties you face if

your plea is accepted.

Do you understand that Count Seven charges you with

conspiring or agreeing with others to transport, harbor and

induce illegal aliens, all in violation of Title 8, United

States Code, Section 1324?

Do you .understand that is the general nature of the

charge against you in Count Seven?

THE DEFENDANT: Yes.

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THE COURT: Do you understand that in order to

establish your guilt the government would have to prove two

elements beyond a reasonable doubt. First, that there was an

agreement or conspiracy between two or more people to either

transport illegal aliens, to harbor illegal aliens or to induce

illegal aliens to enter the United States; and, second, the

government would have to prove that you knowingly entered into

and became part of that agreement with knowledge of its illegal

object.

Do you understand those are the elements the

government would have to prove beyond a reasonable doubt to

establish your guilt?

THE DEFENDANT: Yes.

THE COURT: Do you understand that if your plea is

accepted, you face a maximum sentence of five years!

imprisonment, a maximum term of supervised release of three

years, a maximum fine of the greatest of $250,000 or twice the.

gross pecuniary gain derived from the offense or twice the

gross pecuniary loss to persons other than yourself, and a

mandatory special assessment of $100.

Do you understand those are the penalties you face if

your plea is accepted?

THE DEFENDANT:

I understand.

THE COURT: Do you understand that under the

Sentencing Reform Act of 1984 the United States Sentencing

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commission has issued advisory guidelines for judges to consult

in imposing sentences in criminal cases?

Do you understand that?

THE DEFENDANT: Yes.

THE COURT: Have you and your attorney discussed how

the guidelines might apply in your case?

THE DEFENDANT: Yes.

THE COURT: And do you understand that the court will

not be able to determine the appropriate guideline range for

your case until a document called a presentence report has been

prepared and until both you and the government have had the

opportunity to review the report and make any challenges you

have to the facts in the report and to the guideline range

recommended by the Probation Department?

Do you understand that?

THE DEFENDANT: Yes.

THE COURT: And do you understand that the guideline

range found to apply in your case may tUrn out to be different

from any range you discussed with your attorney or any range

your attorney has agreed to with the government?

Do you understand that?

THE DEFENDANT:

I understand.

THE COURT: And do you understand that after your

guideline range has been determined, the court has the

authority to depart from the guidelines and to impose a

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sentence that is either more severe or less severe than the

sentence called for by the guidelines?

Do you understand that?

THE DEFENDANT: Yes.

THE COURT: Do you understand that parole has been

abolished in the federal system and that

you are sentenced

to a term of imprisonment, you will not be released on parole?

Do you understand that?

THE DEFENDANT: What does it mean?

THE COURT: Parole formerly was a form of early

release under which a sentenced prisoner could be released

after serving a fraction of his sentence.

In some cases under

parole an individual could be released after serving about

one-third of his sentence. But that provision of the law

permitting early release on parole no longer exists.

You understand that parole no longer exists?

THE DEFENDANT: Yes.

THE COURT: Do you understand that if supervised

release was imposed as part of your sentence and you violate

any term of the supervised release, you could be returned to

jail. for the full term of the supervised release with no credit

being given for the time spent on release up to the date of the

violation?

Do you understand that?

THE DEFENDANT: Yes.

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THE COURT: Do you understand that as part of your

agreement with the government you are agreeing that the

appropriate sentencing range is six to 12 months of

imprisonment and you are giving up any right you might

otherwise have to challenge your sentence so long as the

sentence is not gr.eater than 12 months?

Do you understand that?

THE DEFENDANT: Yes.

THE COURT: Do you understand that if Judge Marrero/

the judge who is going to sentence you in this case/ were to

impose a sentence of less than six months, the government could

appeal from that sentence and seek a sentence within the agreed

range of six to 12 months?

Do you understand that?

THE DEFENDANT: Yes.

THE COURT: Do you understand that your agreement with

the government concerning sentencing is not binding on Judge

Marrero and that Judge Marrero· retains the power to impose any

legal sentence, including a sentence of up to five years'

imprisonment?

Do you understand that?

THE DEFENDANT: Yes.

THE COURT: And do you understand that if Judge

Marrero were to impose a sentence of greater than 12 months,

you could appeal from the sentence and seek a sentence within

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the agreed range of six to 12 months but that you would not be

permitted to withdraw your guilty plea simply because the

sentence was longer than you expected.

Do you understand that?


THE DEFENDANT: Yes.


THE COURT: Mr. Beleson, a plea to a felony can also


have immigration consequences for individuals who are not U.S;

citizens.

In light of that fact, let me ask you( are you a

U.S. citizen?

THE DEFENDANT: Yes.

THE COURT:

I want to discuss with you some of the

rights you are giving up by pleading guilty this afternoon. Do

you understand that you have the right to plead not guilty to

the charges against you and you have the right to persist in

that plea at all stages of the proceedings against you?

Do you understand you have those rights?


THE DEFENDANT:

I understand.


THE COURT: Do you understand that if you chose to


plead not guilty, you would have the right to the assistance of

counsel at all stages of the proceedings against you and you

would have the right to have counsel appointed for you if you

could not afford counsel?

Do you understand you have those rights?


THE DEFENDANT:

I understand.


THE COURT: Do you understand that if you chose to


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plead not guilty, you would have the right to a trial by jury.

At the trial you would be presumed innocent and the government

would have to prove your guilt beyond a reasonable doubt.

At a trial, you would have the right to the assistance

of counsel. You would have the right to have counsel appointed

if you could not afford counsel. You would have the right to

see and hear all the witnesses against you and you would have

the right to have those witnesses cross-examined or questioned

in your own defense.

At a trial, you would have the right to testify and

the right to offer evidence in your defense. Conversely, you

would also have the right to decline to testify or to decline

to offer evidence; and if you chose not to testify or chose not

to offer evidence, those facts could not be used against you.

FinallYI at a trial you would have the right to the

issuance of compulsory process or court orders to compel

witnesses to come to court and give testimony in your behalf.

Do you understand you would have all those rights if

you chose to plead not guilty and go to trial?

THE DEFENDANT:

I understand.

THE COURT: And do you understand that by entering a

plea of guilty there will be no trial and you will be giving up

your right to a trial as well as all the other rights

associated with a trial that I have just described to you?

Do you understand you are giving up all those rights?

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THE DEFENDANT: Yes.

THE COURT: Apart from the agreements that are set

forth in Court Exhibit 1, the letter agreement you identified

at the outset of these proceedings, has anyone made any other

promises to you or has anyone made any threats to you or has

anyone used any force against you to induce you to plead

guilty?

THE DEFENDANT: Nobody.

THE COURT: And are you pleading guilty because you

are in fact guilty?

THE DEFENDANT: Yes.

THE COURT: Can you tell me, please, what it is you

did that makes you guilty of the offense charged in Count Seven

of indictment Sl 11 Cr. 614.

THE DEFENDANT:

I invested money into a gentleman's

club where women worked and those women didn't have the right

to work there.

THE COURT: And-­

MR. DAYAN: He is not finished yet, your Honor.

THE COURT: OK.

I'm sorry.

THE DEFENDANT: Because as it turned out, they arrived

in this country on a s,tudent visa and then it turned out that

they were short of money so they came to our club and they

worked the evenings.

THE COURT: And

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THE DEFENDANT: But in reality, they had no right to

do that because student visa does not allow, does not allow

them to work. And there was a situation when one guy brought a

girl and I personally paid him for that.

THE COURT: At the time -- 11m sorry.

MR. DAYAN: He is not finished, your Honor.

THE COURT:

11m sorry.

11m sorry.

THE DEFENDANT: That girl did have a student visa and

I realized, I understood that she had no right to be employed.

But nevertheless I accepted her for work.

THE COURT: Mr. Dyan, is he finished?

MR. DAYAN: We are finished, Judge. Thank you.

THE COURT: Where did you invest in this club?

THE DEFENDANT: When?

THE COURT: Where? Where was the club located?

THE DEFENDANT:

It was located in Long Island. The

name of the club was Lucians.

THE COURT: When did you invest in this club?

THE DEFENDANT: That is when we bought it with

partners.

THE COURT:

11m sorry?

THE DEFENDANT: That is when we bought it with

partners.

THE COURT: When was that?

THE DEFENDANT:

I believe it was in October, 2011.

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D3SHBELP

18

THE COURT: And the girl who you accepted for

employment who did not have authorization to work, when did you

accept her for employment?

THE DEFENDANT:

I believe it was in January 2012.

MR. DAYAN: On or about.

THE DEFENDANT: Maybe a little later.

MR. COHEN: A moment, your Honor.

THE COURT: Pardon?

MR. COHEN: May I have a moment, your Honor?

THE COURT: Well, I was about to ask you whether

further inquiry needs to be made, but go ahead.

MR. COHEN: Thank you, your Honor.

(Pause)

THE DEFENDANT:

I believe it was January, 2011.

T~E COURT: Do we,need a waiver as to venue and have

the elements -- two questions for the government. Do we have a

waiver as to venue and have the elements been allocuted to?

MR. COHEN:

Judge, the government proffers that it

would be able to prove venue. This is a conspiracy I Count

Seven I

to transport harbor and induce entry of illegal aliens.

I

The government would prove acts by coconspirators in the

Southern District of New York I and the government's

understanding of the law is that if venue is not raised that it

would be waived in any event.

SecondlYI as to the elements I

the government does

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D3SHBELP

believe that the allocution is sufficient.

THE COURT:

Just to make sure there is not a problem.

Mr. Dyan, am I correct in my 'understanding that the defendant

is consenting to venue here?

MR. DAYAN: He is, Judge.

THE COURT: And does the government represent that it

has facts in its possession to prove Mr. Beleson's guilt beyond

a reasonable doubt?

MR. COHEN:

It does, your Honor.

THE COURT: All right. Mr. Beleson, how do you plead

to Count Seven of indictment SI 11 Cr. 614? Guilty or not

guilty?

THE DEFENDANT: Guilty.

THE COURT: Does the government believe any further

inquiry needs, to be made concerning any subject?

MR. COHEN: No, your Honor?

THE COURT: Mr. Dyan/ do you believe any further

inquiry needs to be made concerning any subject?

MR. DAYAN: No. Thank you, Judge.

THE COURT: Based on Mr. Beleson's physical

appearance, his demeanor and his answers to all the foregoing

questions, I find that he is fully competent and capable of

entering an informed and voluntary plea, that he is aware of

the nature of the charge against him 'and the consequences of

the plea and that there is an independent basis in fact as to

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each of the essential elements of the offense, that the plea is

knowing and voluntary and I therefore accept the plea and

recommend that Judge Marrero accept the plea.

Has Judge Marrero set a date and time for sentencing?


MR. COHEN: Not yet, your Honor.


THE COURT:

I am going to direct that the government


contact Judge Marrero's chambers this afternoon and make sure

that Judge Marrero is aware that Mr. Beleson has pled guilty.

We will order a presentence report and mark the form

that defense counsel should be present for the interview.

Anything else from the government?

MR. COHEN: Not from the government, your Honor.

THE COURT: Mr. Dyan.

MR. DAYAN: Thank you, Judge.

It was a pleasure.

Thank you very much.

THE COURT: Thank you, all.

(Adjourned)

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Case 1:11-cr-00614-VM Document 230 Filed 04/22/13 Page 22 of 22

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. Alexander Beleson,
SI II Cr. 614 (VM)

Dear Judge Marrero:

Defendant Alexander Beleson entered a guilty plea on March 28, 2013 before United

States Magistrate Judge Henry B. Pitman. The Government respectfully requests that the Court
accept Beleson's guilty plea. Enclosed please find a transcript ofthe proceedings and a proposed
Order accepting the plea. Sentencing is currently scheduled for August 2,2013, at 2:00 p.m.

Respectfully submitted,

PREET BHARARA
United States Attorney
Southern District of New York

By:

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

Enclosures
Cc: Albert Dayan, Esq.