Case details

Court: nysd
Docket #: 1:13-cr-00368
Case Name: USA v. Kats et al
PACER case #: 412417
Date filed: 2013-05-20
Date terminated: 2014-12-12
Date of last filing: 2016-01-15
Assigned to: Judge Denise L. Cote

Parties

Represented Party Attorney & Contact Info
Mark Marmilev
Defendant (2)
TERMINATED: 12/12/2014 also known asMarko TERMINATED: 12/12/2014 also known asMark Halls TERMINATED: 12/12/2014
James R. Froccaro , Jr.
James R Froccaro Attorney At Law 7 Old Shore Rd. Port Washington, NY 11050 (516) 944-5062 Fax: (516)-944-5064 Email: jrfesq61@aol.com
TERMINATED: 08/15/2013 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained

Seth Ginsberg
Seth Ginsberg Attorney At Law 299 Broadway, Suite 1405 New York, NY 10007 (212)-537-9202 Fax: (646)-607-8597 Email: srginsberg@mac.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2013-05-24 13 0 S(4)INDICTMENT FILED as to Mark Marmilev (2) count(s) 1, 2, 3. (jm)(Document originally filed under seal on 5/20/13) Modified on 5/28/2013 (jm). (Entered: 05/28/2013) 2016-01-15 11:16:07 f2d5e90519455256d94ab9fbcf37e1d989e8a474
2013-05-28 15 0 ORDER OF DETENTION PENDING TRIAL as to Mark Marmilev. On consent without prejudice to application. (Signed by Judge Denise L. Cote on 5/24/2013)(jw) (Entered: 05/29/2013)
2013-05-30 17 0 NOTICE OF ATTORNEY APPEARANCE: James R. Froccaro, Jr appearing for Mark Marmilev. Appearance Type: Retained. (Froccaro, James) (Entered: 05/30/2013)
2013-05-28 18 0 INDICTMENT FILED as to Vladimir Kats (1) count(s) 1s, 2s, 3s, Mark Marmilev (2) count(s) 1s, 2s, 3s, Liberty Reserve S.A. (3) count(s) 1, 2, 3, Arthur Budovsky (4) count(s) 1, 2, 3, Ahmed Yassine Abdelghani (5) count(s) 1, 2, 3, Allan Esteban Hidalgo Jimenez (6) count(s) 1, 2, 3, Azzeddine El Amine (7) count(s) 1, 2, 3, Maxim Chukharev (8) count(s) 1, 2, 3. (jm)(Document originally filed under seal on 5/20/13) (Entered: 05/31/2013)
2013-05-28 24 0 POST-INDICTMENT PROTECTIVE ORDER as to Vladimir Kats, Mark Marmilev, Liberty Reserve S.A., Arthur Budovsky, Ahmed Yassine Abdelghani, Allan Esteban Hidalgo Jimenez, Azzeddine El Amine, Maxim Chukharev...regarding procedures to be followed that shall govern the handling of confidential material..... (Signed by Judge Denise L. Cote on 5/23/13)(jm) Modified on 5/31/2013 (jm). (Document originally filed under seal on 5/23/13) (Entered: 05/31/2013)
2013-05-28 25 0 ORDER as to Vladimir Kats, Mark Marmilev, Liberty Reserve S.A., Arthur Budovsky, Ahmed Yassine Abdelghani, Allan Esteban Hidalgo Jimenez, Azzeddine El Amine, Maxim Chukharev IT IS HEREBY ORDERED, that the Defendants, and allattorneys and other persons and entities acting for or in concertwith the Defendants, businesses and/or entities having actualknowledge of this Order shall not take any action prohibited bythis Order; IT IS FURTHER ORDERED that the Defendants, theirattorneys, agents, employees and anyone acting on their behalf,and all persons or entities acting in concert or participationwith any of the above, all relevant financial institutions, andall persons and entities having actual knowledge of this Order,shall not, directly or indirectly, transfer, sell, assign,pledge, hypothecate, encumber, or dispose of in any manner; causeto be transferred, sold, assigned, pledged, hypothecated,encumbered, disposed of in any manner; or take, or cause to betaken, any action that would have the effect of depreciating,damaging, or in any way diminishing the value of property orother interests belonging to, or owed to, or controlled in wholeor in part by the defendants, which property or other interestsare subject to forfeiture. The property and other interestshereby restrained include, but are not limited to, the Accounts listed in Schedule A to this Order, for all of which there isprobable cause to believe that they are property that is involvedin money laundering or operation of an unlicensed moneytransmitting business, or traceable to such property;IT IS FURTHER ORDERED that this Restraining Order shallbe binding upon the Defendants, their attorneys, agents, andemployees, and all persons in active concert or participationwith any of the above, all financial institutions describedherein, or any other person having actual knowledge of thisOrder, and that this Order shall remain in effect until furtherorder of this Court;IT IS FURTHER ORDERED that upon request by theGovernment, the above identified financial institutions willidentify the account names, account numbers and signatories forthe restrained accounts and provide the Government with monthlystatements of the restrained accounts and the balances in theaccounts;IT IS FURTHER ORDERED that any financial institutionnamed herein shall accept service of this Order by email orfacsimile transmission provided that an original hard copy isthereafter served by regular mail;IT IS FURTHER ORDERED that service of a copy of thisOrder shall be made on the Defendants' attorneys by regular mail; IT IS FURTHER ORDERED that the Application and theDeclaration of Special Agent Tate Jarrow remain under seal untilfurther order of this Court, except that the United StatesAttorney's Office for the Southern District of New York mayobtain and disseminate copies of the Application and theDeclaration as necessary to execute this Order; andIT IS HEREBY FINALLY ORDERED that this Order shallremain under seal until the unsealing of the Indictment, 13 Cr.368 (DLC), except that the United States Attorney's Office forthe Southern District of New York may obtain and disseminatecopies of this Order as necessary to execute this Order. (Signed by Judge Denise L. Cote on 5/23/13)(jm) Modified on 5/31/2013 (jm). (Document originally filed under seal on 5/23/13) (Entered: 05/31/2013)
2013-05-28 27 0 AFFIRMATION (EX PARTE APPLICATION) of AUSA Christine Magdo in Support by USA as to Vladimir Kats, Mark Marmilev, Liberty Reserve S.A., Arthur Budovsky, Ahmed Yassine Abdelghani, Allan Esteban Hidalgo Jimenez, Azzeddine El Amine, Maxim Chukharev re: 26 Seizure Warrant Issued, 25 Order,,,,,,,,,,,,, 24 Protective Order,. (jm) (Entered: 06/03/2013)
2013-06-03 28 0 BILL OF PARTICULARS by USA as to Vladimir Kats, Mark Marmilev, Liberty Reserve S.A., Arthur Budovsky, Ahmed Yassine Abdelghani, Allan Esteban Hidalgo Jimenez, Azzeddine El Amine, Maxim Chukharev. (Magdo, Christine) (Entered: 06/03/2013)
2013-06-03 29 0 NOTICE OF ATTORNEY APPEARANCE Andrew Daniel Goldstein appearing for USA. (Goldstein, Andrew) (Entered: 06/03/2013)
2013-06-04 30 0 SEALED DOCUMENT placed in vault. (nm) (Entered: 06/04/2013)
2013-06-05 31 0 NOTICE OF ATTORNEY APPEARANCE Christine Ingrid Magdo appearing for USA. (Magdo, Christine) (Entered: 06/05/2013)
2013-06-04 32 0 POST-INDICTMENT RESTRAINING ORDER PURSUANT TO 21 USC 853(e)(1)(A) as to Vladimir Kats, Mark Marmilev, Liberty Reserve S.A., Arthur Budovsky, Ahmed Yassine Abdelghani, Allan Esteban Hidalgo Jimenez, Azzeddine El Amine, Maxim Chukharev. IT IS HEREBY ORDERED, that the Defendants, and all attorneys and other persons and entities acting for or in concert with the Defendants, businesses and/or entities having actual knowledge of this Order shall not take any action prohibited by this Order; IT IS FURTHER ORDERED that the Defendants, their attorneys, agents, employees and anyone acting on their behalf,and all persons or entities acting in concert or participation with any of the above, all relevant financial institutions, and all persons and entities having actual knowledge of this Order, shall not, directly or indirectly, transfer, sell, assign, pledge, hypothecate, encumber, or dispose of in any manner; causeto be transferred, sold, assigned, pledged, hypothecated, encumbered, disposed of in any manner; or take, or cause to be taken, any action that would have the effect of depreciating, damaging, or in any way diminishing the value of property or other interests belonging to, or owed to, or controlled in wholeor in part by the defendants, which property or other interests are subject to forfeiture. The property and other interests hereby restrained include, but are not limited to, the Subject Accounts, for all of which there is probable cause to believe that they are property that is involved in money laundering oroperation of an unlicensed money transmitting business, or traceable to such property. IT IS FURTHER ORDERED that this Restraining Order shall be binding upon the Defendants, their attorneys, agents, and employees, and all persons in active concert or participation with any of the above, all financial institutions described herein, or any other person having actual knowledge of this Order, and that this Order shall remain in effect until further order of this Court. (Signed by Judge Denise L. Cote on 6/4/2013)(jw) (Entered: 06/05/2013)
2013-05-24 35 0 Arrest Warrant Returned Executed on 5/24/2013 as to (S4-13-Cr-368-02) Mark Marmilev. (bw) (Entered: 06/07/2013)
2013-06-17 36 0 NOTICE OF ATTORNEY APPEARANCE: Seth Ginsberg appearing for Mark Marmilev. Appearance Type: Retained. (Ginsberg, Seth) (Entered: 06/17/2013)
2013-06-17 37 0 NOTICE of Change of Address as to Mark Marmilev. New Address: Law Office of Seth Ginsberg, 299 Broadway, Suite 1405, New York, NY, USA 10007, 212-537-9202. (Ginsberg, Seth) (Entered: 06/17/2013)
2013-06-18 38 0 PROTECTIVE ORDER as to Vladimir Kats, Mark Marmilev, Liberty Reserve S.A., Arthur Budovsky, Ahmed Yassine Abdelghani, Allan Esteban Hidalgo Jimenez, Azzeddine El Amine, Maxim Chukharev....[See Protective Order]... IT IS HEREBY ORDERED THAT: 1. Discovery material produced by the Government in this action that contains or reflects personal identification information (including but not limited to names, account numbers, social security numbers, and dates of birth) may be designated as "Confidential Material" by labeling the material "UNITED STATES GOVERNMENT - CONFIDENTIAL MATERIAL." 2. Confidential Material disclosed to any defendant or to his counsel during the course of proceedings in this action: (a) Shall be used by the defendant or his counsel only for purposes of this action; (b) Shall not be copied or otherwise recorded by the defendant; (c) Shall not be distributed or disclosed in any form by the defendant or his counsel except as set forth in paragraph 2(d) below; (d) May be disclosed only by the defendant's counsel and only to the following persons (hereinafter "Designated Persons"):...[See Protective Order]... (e) Shall be returned to the Government following the conclusion of this case together with any and all copies of thereof, or shall be destroyed together with any and all copies thereof, which destruction defendant's counsel shall verify in writing. 3. Any defendant receiving discovery in this matter and his counsel shall provide a copy of this Order to any Designated Persons to whom Confidential Material is disclosed pursuant to paragraphs 2(d). Designated Persons shall be subject to the terms of this Order. 4. The provisions of this Order shall not be construed as preventing the disclosure of any information in any motion, hearing, trial, or sentencing proceeding held in this action or to any judge or magistrate of this Court for purposes of this action. SO ORDERED: (Signed by Judge Denise L. Cote on 6/18/2013)(bw) (Entered: 06/18/2013)
2013-06-26 41 0 BILL OF PARTICULARS by USA as to Vladimir Kats, Mark Marmilev, Liberty Reserve S.A., Arthur Budovsky, Ahmed Yassine Abdelghani, Allan Esteban Hidalgo Jimenez, Azzeddine El Amine, Maxim Chukharev Amended Forfeiture Bill of Particulars. (Magdo, Christine) (Entered: 06/26/2013)
2013-06-27 42 0 AMENDED POST-INDICTMENT RESTRAINING ORDER PURSUANT TO 21 U.S.C. ยง 853 (e) (1) (A) as to Vladimir Kats, Mark Marmilev, Liberty Reserve S.A., Arthur Budovsky, Ahmed Yassine Abdelghani, Allan Esteban Hidalgo Jimenez, Azzeddine El Amine, Maxim Chukharev. For the reasons as set forth in this Order; IT IS HEREBY ORDERED, that the Defendants, and all attorneys and other persons and entities acting for or in concert with the Defendants, businesses and/or entities having actual knowledge of this Amended Restraining Order shall not take any action prohibited by this Order... IT IS HEREBY FINALLY ORDERED that the Application for the Amended Restraining Order remain under seal until further order of this Court, except that the United States Attorney's Office for the Southern District of New York may obtain and disseminate copies of the Application for the Amended Restraining Order as necessary to execute this Amended Restraining Order. SO ORDERED. (Signed by Judge Denise L. Cote on 6/26/2013)(dnd) (Entered: 06/27/2013)
2013-06-28 43 0 SEALED DOCUMENT placed in vault. (mps) (Entered: 07/01/2013)
2013-07-03 44 0 TRANSCRIPT of Proceedings as to Vladimir Kats, Mark Marmilev re: Conference held on 6/6/13 before Judge Denise L. Cote. Court Reporter/Transcriber: Karen Gorlaski, (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 7/29/2013. Redacted Transcript Deadline set for 8/8/2013. Release of Transcript Restriction set for 10/4/2013. (Rodriguez, Somari) (Entered: 07/03/2013)
2013-07-03 45 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Vladimir Kats, Mark Marmilev. Notice is hereby given that an official transcript of a Conference proceeding held on 6/6/13 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.... (Rodriguez, Somari) (Entered: 07/03/2013)
2013-08-19 46 0 BILL OF PARTICULARS by USA as to Vladimir Kats, Mark Marmilev, Liberty Reserve S.A., Arthur Budovsky, Ahmed Yassine Abdelghani, Allan Esteban Hidalgo Jimenez, Azzeddine El Amine, Maxim Chukharev. (Magdo, Christine) (Entered: 08/19/2013)
2013-08-28 48 0 POST-INDICTMENT RESTRAINING ORDER PURSUANT TO 21 U.S.C. SECTION 853(e)(1)(A) as to Vladimir Kats, Mark Marmilev, Liberty Reserve S.A., Arthur Budovsky, Ahmed Yassine Abdelghani, Allan Esteban Hidalgo Jimenez, Azzeddine El Amine, Maxim Chukharev....[See Order]... IT IS HEREBY ORDERED, that the Defendants, and all attorneys and other persons and entities acting for or in concert with the Defendants, businesses and/or entities having actual knowledge of this Order shall not take any action prohibited by this Order; IT IS FURTHER ORDERED that the Defendants, their attorneys, agents, employees and anyone acting on their behalf, and all persons or entities acting in concert or participation with any of the above, all relevant financial institutions, and all persons and entities having actual knowledge of this Order, shall not, directly or indirectly, transfer, sell, assign, pledge, hypothecate, encumber, or dispose of in any manner; cause to be transferred, sold, assigned, pledged, hypothecated, encumbered, disposed of in any manner; or take, or cause to be taken, any action that would have the effect of depreciating, damaging, or in any way diminishing the value of property or other interests belonging to, or owed to, or controlled in whole or in part by the defendants, which property or other interests are subject to forfeiture. The property and other interests hereby restrained include, but are not limited to, the Subject Account, for all of which there is probable cause to believe that they are property that is involved in money laundering or operation of an unlicensed money transmitting business, or traceable to such property; IT IS FURTHER ORDERED that this Restraining Order shall be binding upon the Defendants, their attorneys, agents, and employees, and all persons in active concert or participation with any of the above, all financial institutions described herein, or any other person having actual knowledge of this Order, and that this Order shall remain in effect until further order of this Court; IT IS FURTHER ORDERED that upon request by the Government, the above identified financial institutions will identify the account names, account numbers and signatories for the restrained accounts and provide the Government with monthly statements of the restrained accounts and the balances in the accounts; IT IS FURTHER ORDERED that any financial institution named herein shall accept service of this Order by email or facsimile transmission provided that an original hard copy is thereafter served by regular mail; IT IS FURTHER ORDERED that service of a copy of this Order shall be made on the Defendants' attorneys by regular mail; IT IS HEREBY FINALLY ORDERED that the Application and the Declaration of Special Agent Tate Jarrow remain under seal until further order of this Court, except that the United States Attorney's Office for the Southern District of New York may obtain and disseminate copies of the Application and the Declaration as necessary to execute this Order. SO ORDERED: (Signed by Judge Denise L. Cote on 8/27/2013)(bw) (Entered: 08/28/2013)
2013-09-04 49 0 SEALED DOCUMENT placed in vault. (nm) (Entered: 09/05/2013)
2013-09-16 50 0 SEALED DOCUMENT placed in vault. (nm) (Entered: 09/16/2013)
2013-09-18 51 0 ORDER as to Vladimir Kats, Mark Marmilev, Liberty Reserve S.A., Arthur Budovsky, Ahmed Yassine Abdelghani, Allan Esteban Hidalgo Jimenez, Azzeddine El Amine, Maxim Chukharev ( Status Conference set for 11/8/2013 at 12:00 PM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote) IT IS HEREBY ORDERED that the time of the November 8, 2013 pretrial conference is moved to 12 p.m. in Courtroom 15B (Signed by Judge Denise L. Cote on 9/18/2013)(jw) (Entered: 09/18/2013)
2013-10-03 52 0 BILL OF PARTICULARS by USA as to Vladimir Kats, Mark Marmilev, Liberty Reserve S.A., Arthur Budovsky, Ahmed Yassine Abdelghani, Allan Esteban Hidalgo Jimenez, Azzeddine El Amine, Maxim Chukharev. (Magdo, Christine) (Entered: 10/03/2013)
2013-10-03 53 0 POST-INDICTMENT RESTRAINING ORDER PURSUANT TO 21 U.S.C. SECTION 853(e) as to Vladimir Kats, Mark Marmilev, Liberty Reserve S.A., Arthur Budovsky, Ahmed Yassine Abdelghani, Allan Esteban Hidalgo Jimenez, Azzeddine El Amine, Maxim Chukharev....[See this Order]... IT IS HEREBY ORDERED, that the Defendants, and all attorneys and other persons and entities acting for or in concert with the Defendants, businesses and/or entities having actual knowledge of this Order shall not take any action prohibited by this Order; IT IS FURTHER ORDERED that the Defendants, their attorneys, agents, employees and anyone acting on their behalf, and all persons or entities acting in concert or participation with any of the above, all relevant financial institutions, and all persons and entities having actual knowledge of this Order, shall not, directly or indirectly, transfer, sell, assign, pledge, hypothecate, encumber, or dispose of in any manner; cause to be transferred, sold, assigned, pledged, hypothecated, encumbered, disposed of in any manner; or take, or cause to be taken, any action that would have the effect of depreciating, damaging, or in any way diminishing the value of property or other interests belonging to, or owed to, or controlled in whole or in part by the defendants, which property or other interests are subject to forfeiture. The property and other interests hereby restrained include, but are not limited to, the Subject Account, for all of which there is probable cause to believe that they are property that is involved in money laundering or operation of an unlicensed money transmitting business, or traceable to such property; IT IS FURTHER ORDERED that this Restraining Order shall be binding upon the Defendants, their attorneys, agents, and employees, and all persons in active concert or participation with any of the above, all financial institutions described herein, or any other person having actual knowledge of this Order, and that this Order shall remain in effect until further order of this Court; IT IS FURTHER ORDERED that upon request by the Government, the above identified financial institutions will identify the account names, account numbers and signatories for the restrained accounts and provide the Government with monthly statements of the restrained accounts and the balances in the accounts; IT IS FURTHER ORDERED that any financial institution named herein shall accept service of this Order by email or facsimile transmission provided that an original hard copy is thereafter served by regular mail; IT IS FURTHER ORDERED that service of a copy of this Order shall be made on the Defendants' attorneys by regular mail; IT IS HEREBY FINALLY ORDERED that the Application and the Declaration of Special Agent Tate Jarrow remain under seal until further order of this Court, except that the United States Attorney's Office for the Southern District of New York may obtain and disseminate copies of the Application and the Declaration as necessary to execute this Order. SO ORDERED: (Signed by Judge Denise L. Cote on 10/3/2013) [*** NOTE: Judge Cote's Chambers confirmed that it has sealed the Application and the Declaration of Special Agent Tate Jarrow. ***] (bw) (Entered: 10/03/2013)
2013-10-07 54 0 SEALED DOCUMENT placed in vault. (nm) (Entered: 10/08/2013)
2013-10-16 57 0 ORDER as to Vladimir Kats, Mark Marmilev, Liberty Reserve S.A., Arthur Budovsky, Ahmed Yassine Abdelghani, Allan Esteban Hidalgo Jimenez, Azzeddine El Amine, Maxim Chukharev ( Status Conference set for 11/7/2013 at 03:00 PM before Judge Denise L. Cote.) IT IS HEREBY ORDERED that the November 8, 2013 pretrial conference is rescheduled to November 7 at 3 p.m. in Courtroom15B. (Signed by Judge Denise L. Cote on 10/16/2013)(jw) (Entered: 10/16/2013)
2013-11-01 60 0 ORDER as to (13-Cr-368-2) Mark Marmilev. Upon the application of the United States of America, by and through Preet Bharara, United States Attorney, Serrin Turner, of counsel, it is hereby ORDERED that the time from today's date through December 5, 2013 is hereby excluded under the Speedy Trial Act, 18 U.S.C. Section 3161(h)(7)(A).... The conference is adjourned to 12/5 at 10:00 a.m. The Government shall comply with this Court's ECF rules for the filing of letters. SO ORDERED. (Signed by Judge Denise L. Cote on 11/1/2013)(bw) (Entered: 11/01/2013)
2013-12-10 61 0 ORDER as to Vladimir Kats, Mark Marmilev, Liberty Reserve S.A., Arthur Budovsky, Ahmed Yassine Abdelghani, Allan Esteban Hidalgo Jimenez, Azzeddine El Amine, Maxim Chukharev. IT IS HEREBY ORDERED that the time of the February 28, 2014 pretrial conference is rescheduled from 2 p.m. to 2:30 p.m. inCourtroom 15-B. (Signed by Judge Denise L. Cote on 12/10/2013)(dnd) (Entered: 12/10/2013)
2014-02-24 62 0 SEALED DOCUMENT placed in vault. (nm) (Entered: 02/25/2014)
2014-03-20 63 0 BILL OF PARTICULARS by USA as to Vladimir Kats, Mark Marmilev, Liberty Reserve S.A., Arthur Budovsky, Ahmed Yassine Abdelghani, Allan Esteban Hidalgo Jimenez, Azzeddine El Amine, Maxim Chukharev. (Magdo, Christine) (Entered: 03/20/2014)
2014-03-20 64 0 POST-INDICTMENT RESTRAINING ORDER PURSUANT TO 21 U.S.C. SECTION 853(e)(1)(A) as to (13-Cr-368-) Vladimir Kats, Mark Marmilev, Liberty Reserve S.A., Arthur Budovsky, Ahmed Yassine Abdelghani, Allan Esteban Hidalgo Jimenez, Azzeddine El Amine, Maxim Chukharev....[See this Order]... IT IS HEREBY ORDERED, that the Defendants, and all attorneys and other persons and entities acting for or in concert with the Defendants, businesses and/or entities having actual knowledge of this Order shall not take any action prohibited by this Order;...[See this Order]... IT IS FURTHER ORDERED that any financial institution named herein shall accept service of this Order by email or facsimile transmission provided that an original hard copy is thereafter served by regular mail; IT IS FURTHER ORDERED that service of a copy of this Order shall be made on the Defendants' attorneys by regular mail; IT IS HEREBY FINALLY ORDERED that the Application and the Declaration of Special Agent Jeremy Haynie remain under seal until further order of this Court, except that the United States Attorney's Office for the Southern District of New York may obtain and disseminate copies of the Application and the Declaration as necessary to execute this Order. SO ORDERED: (Signed by Judge Denise L. Cote on 3/20/2014)(bw) (Entered: 03/20/2014)
2014-03-21 65 0 BILL OF PARTICULARS by USA as to Vladimir Kats, Mark Marmilev, Liberty Reserve S.A., Arthur Budovsky, Ahmed Yassine Abdelghani, Allan Esteban Hidalgo Jimenez, Azzeddine El Amine, Maxim Chukharev. (Magdo, Christine) (Entered: 03/21/2014)
2014-03-21 66 0 SEALED DOCUMENT placed in vault. (mps) (Entered: 03/24/2014)
2014-03-28 67 0 NOTICE OF ATTORNEY APPEARANCE Kevin Gerard Mosley appearing for USA. (Mosley, Kevin) (Entered: 03/28/2014)
2014-04-28 72 0 SEALED DOCUMENT placed in vault. (nm) (Entered: 04/28/2014)
2014-05-07 73 0 LETTER MOTION addressed to Judge Denise L. Cote from Sarah Kunstler dated 05/07/14 re: Requesting that the Court Postpone Setting a Trial Date Until the Next Conference . Document filed by Maxim Chukharev as to Vladimir Kats, Mark Marmilev, Liberty Reserve S.A., Arthur Budovsky, Ahmed Yassine Abdelghani, Allan Esteban Hidalgo Jimenez, Azzeddine El Amine, Maxim Chukharev. (Kunstler, Sarah) (Entered: 05/07/2014)
2014-05-08 75 0 SEALED DOCUMENT placed in vault. (mps) (Entered: 05/08/2014)
2014-05-29 79 0 TRANSCRIPT of Proceedings as to Mark Marmilev, Azzeddine El Amine, Maxim Chukharev re: Conference held on 5/9/14 before Judge Denise L. Cote. Court Reporter/Transcriber: Steven Griffing, (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 6/23/2014. Redacted Transcript Deadline set for 7/3/2014. Release of Transcript Restriction set for 9/2/2014. (Rodriguez, Somari) (Entered: 05/29/2014) 2016-01-15 11:27:04 b358857430b09783822a6a68784412d46a6258d0
2014-05-29 80 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Mark Marmilev, Azzeddine El Amine, Maxim Chukharev. Notice is hereby given that an official transcript of a Conference proceeding held on 5/9/14 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.... (Rodriguez, Somari) (Entered: 05/29/2014)
2014-06-26 83 0 SEALED DOCUMENT placed in vault. (mps) (Entered: 06/26/2014)
2014-07-28 86 0 SEALED DOCUMENT placed in vault. (nm) (Entered: 07/28/2014)
2014-08-13 88 0 LETTER MOTION addressed to Judge Denise L. Cote from Seth Ginsberg dated August 13, 2014 re: Permission to Strike and Refile Document . Document filed by Mark Marmilev. (Ginsberg, Seth) (Entered: 08/13/2014) 2014-08-14 10:13:12 546becb4bdd2202241da801a757ac63dc7125142
2014-08-13 89 0 LETTER by USA as to Mark Marmilev addressed to Judge Denise L. Cote from AUSA Serrin Turner dated 08/13/2014 re: bail motion briefing schedule Document filed by USA. (Turner, Serrin) (Entered: 08/13/2014)
2014-08-13 90 0 MEMO ENDORSEMENT granting 88 LETTER MOTION Striking of Doc. 87 as to Mark Marmilev (2). ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 8/13/2014) (ft) (Entered: 08/13/2014)
2014-08-13 91 0 FIRST MOTION for Release from Custody . Document filed by Mark Marmilev. (Attachments: # 1 Exhibit NYT Article, # 2 Exhibit FinCEN Notice, # 3 Exhibit BBC Article, # 4 Exhibit LR Survey, # 5 Exhibit LR Email Re Frozen Account, # 6 Exhibit LR Consumer Alert, # 7 Exhibit FinCEN Report, # 8 Exhibit Exhere Verification 1, # 9 Exhibit Exhere Verification 2, # 10 Exhibit Exhere Verification 3, # 11 Exhibit Exhere Verification 4, # 12 Exhibit Exchanger Affiliation Agr, # 13 Exhibit Email to Exchangers, # 14 Exhibit User Verification for Companies, # 15 Exhibit LR Compliance Officer Resume, # 16 Exhibit LR Terms of Service and AML Policy, # 17 Exhibit LR KYC for Companies, # 18 Exhibit US Customer Verification Docs, # 19 Exhibit LR Letter Assisting Law Enforcement, # 20 Exhibit LR Letter Assisting FBI, # 21 Exhibit LR Letter Assisting Law Enforcement 2, # 22 Exhibit E-Gold Indictment, # 23 Exhibit E-Gold Sentencing Trans, # 24 Exhibit E-Gold Plea Agr, # 25 Exhibit Lawsky Statement)(Ginsberg, Seth) (Entered: 08/13/2014)
2014-08-15 92 0 ENDORSED LETTER as to Mark Marmilev addressed to Judge Denise L. Cote from AUSA Serrin Turner dated 08/13/2014 re: bail motion briefing schedule. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 8/14/2014)(gr) (Entered: 08/15/2014)
2014-08-21 93 0 AMENDED MOTION for Release from Custody . Document filed by Mark Marmilev. (Attachments: # 1 Exhibit NYT Article, # 2 Exhibit FinCen Notice, # 3 Exhibit BBC Article, # 4 Exhibit LR Survey, # 5 Exhibit Email Re Suspended Account, # 6 Exhibit LR Consumer Alert, # 7 Exhibit FinCEN Report, # 8 Exhibit Exhere Verification 1, # 9 Exhibit Exhere Verification 2, # 10 Exhibit Exhere Verification 3, # 11 Exhibit Exhere Verification 4, # 12 Exhibit Exchanger Affiliation Agreement, # 13 Exhibit LR Email to Exchangers, # 14 Exhibit LR User Verification for Companies, # 15 Exhibit LR Compliance Officer Resume, # 16 Exhibit LR Terms of Service and AML Policy, # 17 Exhibit KYC Companies, # 18 Exhibit Verification Docs for US Customers, # 19 Exhibit LR Assistance to Law Enforcement, # 20 Exhibit LR Letter Assisting FBI, # 21 Exhibit LR Letter Assisting Law Enforcement 2, # 22 Exhibit E-Gold Indictment, # 23 Exhibit E-Gold Sentencing Trans, # 24 Exhibit E-Gold Plea Agreement, # 25 Exhibit Lawsky Statement, # 26 Exhibit FinCen Guidance)(Ginsberg, Seth) (Entered: 08/21/2014) 2014-09-15 18:26:13 b2d367fd4e637562d1fb6aa523ecb92c0f786e7a
93 1 Exhibit NYT Article
93 2 Exhibit FinCen Notice
93 3 Exhibit BBC Article
93 4 Exhibit LR Survey
93 5 Exhibit Email Re Suspended Account
93 6 Exhibit LR Consumer Alert
93 7 Exhibit FinCEN Report
93 8 Exhibit Exhere Verification 1
93 9 Exhibit Exhere Verification 2
93 10 Exhibit Exhere Verification 3
93 11 Exhibit Exhere Verification 4
93 12 Exhibit Exchanger Affiliation Agreement
93 13 Exhibit LR Email to Exchangers
93 14 Exhibit LR User Verification for Companies
93 15 Exhibit LR Compliance Officer Resume
93 16 Exhibit LR Terms of Service and AML Policy
93 17 Exhibit KYC Companies
93 18 Exhibit Verification Docs for US Customers
93 19 Exhibit LR Assistance to Law Enforcement 2014-09-15 18:40:18 492521efdb6a39f780cec3922cdde99a6294013e
93 20 Exhibit LR Letter Assisting FBI 2014-09-15 18:28:13 9b402e9239b6d99a9f7424fd1b4354bbd7bdafb6
93 21 Exhibit LR Letter Assisting Law Enforcement 2 2014-09-15 18:38:26 1a2769ba9d984c27c8a069a2d62e140765f6abe8
93 22 Exhibit E-Gold Indictment
93 23 Exhibit E-Gold Sentencing Trans
93 24 Exhibit E-Gold Plea Agreement
93 25 Exhibit Lawsky Statement
93 26 Exhibit FinCen Guidance
2014-10-16 98 0 TRANSCRIPT of Proceedings as to Mark Marmilev re: Plea held on 9/11/2014 before Judge Denise L. Cote. Court Reporter/Transcriber: Ann Hairston, (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 11/10/2014. Redacted Transcript Deadline set for 11/20/2014. Release of Transcript Restriction set for 1/17/2015. (McGuirk, Kelly) (Entered: 10/16/2014)
2014-10-16 99 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Mark Marmilev. Notice is hereby given that an official transcript of a Plea proceeding held on 9/11/2014 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: 10/16/2014)
2014-11-10 106 0 SEALED DOCUMENT placed in vault. (nm) (Entered: 11/10/2014)
2014-11-19 110 0 LETTER MOTION addressed to Judge Denise L. Cote from Seth Ginsberg dated November 19, 2014 re: Request for 2-Day Extension to File Objections to PSR . Document filed by Mark Marmilev. (Ginsberg, Seth) (Entered: 11/19/2014)
2014-11-20 111 0 MEMO ENDORSEMENT granting 110 LETTER MOTION Request for 2-Day Extension to File Objections to PSR as to Mark Marmilev (2). (Signed by Judge Denise L. Cote on 11/20/2014) (gr) (Entered: 11/20/2014)
2014-12-01 115 0 SEALED DOCUMENT placed in vault. (nm) (Entered: 12/02/2014)
2014-12-02 116 0 SENTENCING SUBMISSION by Mark Marmilev. (Attachments: # 1 Exhibit 1 FinCEN Guidance, # 2 Exhibit 2 ABA Proposal, # 3 Exhibit 3 Testimony of Hon. Jon O. Newman, # 4 Exhibit 4 LR Consumer Alert, # 5 Exhibit 5 Article Re: Unbanked Households, # 6 Exhibit 6 Remarks of Under Secretary for Terrorism and Financial Intelligence, # 7 Exhibit 7 BBC Article Re: LR, # 8 Exhibit 8 LR Customer Surveys, # 9 Exhibit 9 Letter Assiting Law Enforcement, # 10 Exhibit 10 Letter Assisting FBI, # 11 Exhibit 11 Letter Assisting Law Enforcement 2, # 12 Exhibit 12 Screenshot of Webpage, # 13 Exhibit 13 LR Payment Transfer Confirmation, # 14 Exhibit 14 Article Re: Forex Co, # 15 Exhibit 15 FinCEN Report July 2014, # 16 Exhibit 16-1 Exchanger Verification Docs, # 17 Exhibit 16-2 Exchanger Verificaiton Docs, # 18 Exhibit 16-3 Exchanger Verification Docs, # 19 Exhibit 16-4 Exchanger Verification Docs, # 20 Exhibit 17 Exchanger Verification Checklist, # 21 Exhibit 18 Exchanger Afflilation Agreement, # 22 Exhibit 19 Email to Exchangers Re: Verification, # 23 Exhibit 20 World Check Verification, # 24 Exhibit 21 US Customer Verification Docs, # 25 Exhibit 22 Email to Custmoer Re: Verification, # 26 Exhibit 23 Ltr to SUGEF Re: Problem Account, # 27 Exhibit 24 Ltr to SUGEF Re: Update on LR Complaince, # 28 Exhibit 25 Email Re: Compliance with SDN, # 29 Exhibit 26 LR Terms of Service and AML Policy, # 30 Exhibit 27 Report on LR Employee AML Test Results, # 31 Exhibit 28 Report on Employee KYC Test Results, # 32 Exhibit 29 Verifciation Checklist, # 33 Exhibit 30 KYC Form, # 34 Exhibit 31 FinCEN Notice 11-18-11, # 35 Exhibit 32 KPMG Invoice, # 36 Exhibit 33 E-Gold Indictment, # 37 Exhibit 34 E-Gold Sentencing Transcript, # 38 Exhibit 35 E-Gold Plea Agreement, # 39 Exhibit 36 Article Re: Misuse of Email, # 40 Exhibit 37 Letters to the Court on behalf of Mark Marmilev, # 41 Exhibit 38 MCC Work Performance Rating)(Ginsberg, Seth) (Entered: 12/02/2014) 2014-12-12 12:01:52 f8d90b6f5741806c930cc168f3461cad8fb81beb
116 1 Exhibit 1 FinCEN Guidance
116 2 Exhibit 2 ABA Proposal
116 3 Exhibit 3 Testimony of Hon. Jon O. Newman
116 4 Exhibit 4 LR Consumer Alert
116 5 Exhibit 5 Article Re: Unbanked Households
116 6 Exhibit 6 Remarks of Under Secretary for Terrorism and Financial Intelligence
116 7 Exhibit 7 BBC Article Re: LR
116 8 Exhibit 8 LR Customer Surveys
116 9 Exhibit 9 Letter Assiting Law Enforcement 2014-12-12 23:57:27 98380fa8586754361e232b5c18ccc00c605c698e
116 10 Exhibit 10 Letter Assisting FBI
116 11 Exhibit 11 Letter Assisting Law Enforcement 2
116 12 Exhibit 12 Screenshot of Webpage
116 13 Exhibit 13 LR Payment Transfer Confirmation
116 14 Exhibit 14 Article Re: Forex Co
116 15 Exhibit 15 FinCEN Report July 2014
116 16 Exhibit 16-1 Exchanger Verification Docs
116 17 Exhibit 16-2 Exchanger Verificaiton Docs
116 18 Exhibit 16-3 Exchanger Verification Docs
116 19 Exhibit 16-4 Exchanger Verification Docs
116 20 Exhibit 17 Exchanger Verification Checklist
116 21 Exhibit 18 Exchanger Afflilation Agreement
116 22 Exhibit 19 Email to Exchangers Re: Verification 2014-12-13 00:59:01 cfcb883100967d34e3fd4814e9dc0d3b273b2337
116 23 Exhibit 20 World Check Verification
116 24 Exhibit 21 US Customer Verification Docs 2014-12-13 01:03:01 bffc10bf41e3793320e4c3c31b787e16e4fd68cd
116 25 Exhibit 22 Email to Custmoer Re: Verification
116 26 Exhibit 23 Ltr to SUGEF Re: Problem Account
116 27 Exhibit 24 Ltr to SUGEF Re: Update on LR Complaince
116 28 Exhibit 25 Email Re: Compliance with SDN
116 29 Exhibit 26 LR Terms of Service and AML Policy
116 30 Exhibit 27 Report on LR Employee AML Test Results
116 31 Exhibit 28 Report on Employee KYC Test Results
116 32 Exhibit 29 Verifciation Checklist
116 33 Exhibit 30 KYC Form
116 34 Exhibit 31 FinCEN Notice 11-18-11
116 35 Exhibit 32 KPMG Invoice
116 36 Exhibit 33 E-Gold Indictment
116 37 Exhibit 34 E-Gold Sentencing Transcript
116 38 Exhibit 35 E-Gold Plea Agreement
116 39 Exhibit 36 Article Re: Misuse of Email 2014-12-12 23:56:20 4095a4ce06ddb2f69914c9cbc688cbcc489acf85
116 40 Exhibit 37 Letters to the Court on behalf of Mark Marmilev
116 41 Exhibit 38 MCC Work Performance Rating
2014-12-09 120 0 SENTENCING SUBMISSION by USA as to Mark Marmilev. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R)(Turner, Serrin) (Entered: 12/09/2014) 2014-12-13 00:16:33 c52954746562730a85997d95b859af77bc23632c
120 1 Exhibit A 2014-12-13 00:24:04 30cf50da52fa90b284a5aaa344b542451eee9b1f
120 2 Exhibit B 2014-12-13 00:29:23 048a8e9a069cf2285a57d728d2668b822543288d
120 3 Exhibit C 2014-12-13 00:32:17 d9afdfd8aa8aae61eec9d0f342c89cfd8b91aab7
120 4 Exhibit D 2014-12-13 00:46:43 e3b8879ea1c20c463660c9727bec104636477bd1
120 5 Exhibit E 2014-12-13 00:48:24 d53d28fc2fa64ecb7b2aceaec8142bbf869fbacb
120 6 Exhibit F 2014-12-13 00:48:35 6046972b010d8a8766411f112cf17ef17e2d9c69
120 7 Exhibit G 2014-12-13 00:49:03 8860e0b8657f9f568751dcecb5edd8d8330621b7
120 8 Exhibit H 2014-12-13 00:49:38 de502fc6cc3fcfc3a0ed49da7fad00e96d3593bb
120 9 Exhibit I 2014-12-13 00:53:32 052c2ef5cb7d7b6f9d7997ee8f0aee144bb6c4bc
120 10 Exhibit J 2014-12-13 00:51:38 41f6904b6896b54278930f1c99e7fa4f01546a4c
120 11 Exhibit K 2014-12-13 00:52:14 1272636bc43fdb8e9868d432b2159c61b31b85e4
120 12 Exhibit L 2014-12-13 00:28:13 77efe60d0e5c0d2d8e43b221a390f58a0250b29a
120 13 Exhibit M 2014-12-13 00:34:46 eb6ee3c33ac907ecf4f6a91f908912d4fb4eae31
120 14 Exhibit N 2014-12-13 00:26:16 cde7cadef55f023a82fe542854a8d55d70e5fa67
120 15 Exhibit O 2014-12-13 00:33:21 c757f4737ab4ad85819493970b8158623fc42bc9
120 16 Exhibit P 2014-12-13 00:35:18 724729d7e6b257a19e369571a56b638b59864533
120 17 Exhibit Q 2014-12-13 00:25:13 1f9687f84eabdc33e927d0f08e4d16e94c06b1b0
120 18 Exhibit R 2014-12-13 00:24:41 3aee694b9a63581864c0717d263cd5656b910fd7
2014-12-11 121 0 ORDER as to Mark Marmilev. On December 2, 2014, defendant Mark Marmilev filed a sentencing submission. On December 9, the Government responded. Sentencing is scheduled for December 12 and 10:00 A.M. It is hereby ORDERED that the defense is required to identify to the Government prior to the sentencing proceeding any statements made in the Governments sentencing memorandum with which it disagrees. IT IS FURTHER ORDERED that the defense be prepared to inform the Court at sentencing if the defendant wishes to have a Fatico hearing as to any of those statements. (Signed by Judge Denise L. Cote on 12/11/2014)(gr) (Entered: 12/11/2014)
2014-12-11 122 0 Sentencing Letter by Mark Marmilev addressed to Hon. Denise L. Cote from Seth Ginsberg dated December 11, 2014 re: Sentencing. (Ginsberg, Seth) (Entered: 12/11/2014)
2014-12-12 123 0 JUDGMENT IN A CRIMINAL CASE as to Mark Marmilev (2), Count(s) 1, 1s, 2s, 3, 3s, All open counts are dismissed on the motion of the US. Pleaded guilty to Count(s) 2, Imprisonment for a total term of 60 Months. Supervised release for a term of 3 years. The defendant must seek and maintain full-time employment. The defendant shall comply with immigration laws and cooperate with the Department of Homeland Security, Bureau of Citizenship and Immigration Services (BCIS). The defendant shall notify the U:S. Attorney's Office for this district within 30 days of any change of mailing or residence address that occurs while any portion of the fine remains unpaid. Special Assessment of $100 which is due immediately. Fine of $250,000.00. The payment shall begin while the defendant is in prison. If the defendant is engaged in a non-UNICOR work program, the defendant shall pay $25 per quarter toward restitution. However, if the defendant participates in the UNICOR program as a grade 1 though 4, he shall pay 50% of his monthly UNICOR earnings. Following release from imprisonment, the defendant shall pay 15% of his gross monthly income toward the payment of the fine. (Signed by Judge Denise L. Cote on 12/12/14)(jw) (Entered: 12/12/2014) 2014-12-12 23:53:23 da7b1ed8fbea7a2009c651f45d8159aa100b539e
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127 0 2016-01-15 11:18:00 5893cc2faff8761163947d75eed1b92d96658099
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150 0 2016-01-15 11:18:29 37bb02465b0853ee0c246e1fe7e70a448698dfde
170 0 2016-01-15 11:18:51 8d2145233d6512ba828f471b724a8c0b8ffff780
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