USA v. Shalon et al (1:15-cr-00333-LTS)

ORDER (Document 231) MOTION for movement to "low" BOP facility as to Andrei Tyurin. The BOP has sole authority to, among other things, designate an inmates place of imprisonment and direct the transfer of an inmate from one facility to another. Therefore, the Court denies Mr. Tyurin's request. The Court encourages Mr. Tyurin to discuss his request with his counselor and follow any BOP procedures for making such requests. The Court will also recommend that the Bureau of Prisons redes ignate Mr. Tyurin to a suitable lower-security facility that affords opportunities for video visits with family.The Clerk of Court is respectfully directed to mail a copy of this Order to Mr. Tyurin. [**The Clerk will mail this Order to defendant Andrei Tyurin on this case number and to case number 19 cr 658 to the address listed on this order**] (Signed by Judge Laura Taylor Swain on 8/19/22) (jw)

FINAL ORDER OF FORFEITURE (Document 210) LETTER MOTION addressed to Judge Laura Taylor Swain from Assistant United States Attorney Noah D. Solowiejczyk dated November 15, 2021 re: Final Order of Forfeiture. NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT All right, title and interest in the Specific Property is hereby forfeited and vested in the United States of America and shall be disposed of according to law. Pursuant to Title 21, United States Code, Section 853(n)(7) the United States of America shall and is hereby deemed to have clear title to the Specific Property. The United States Department of Treasury (or its designee) shall take possession of the Specific Property and dispose of the same according to law, in accordance with Title 21, United States Code, Section 853(h). (Signed by Judge Laura Taylor Swain on 11/15/21) (jw)

ORDER as to Ziv Orenstein as follows: The Court grants the applications for sealed filings of the above-listed sentencing submissions, which contain extensive and detailed accounts of government investigations andDefendant's cooperation with t hem. The Court finds that the higher values of protection of the Defendant against danger implicated by widespread knowledge of his extensive cooperation against persons in multiple countries, and of the Government's investigative activities and methods, outweigh the First Amendment and common law rights of access to these documents, and further finds that sealing the submissions in their entirety is the appropriately narrowlytailored method of protecting these interests because the documents consist almost exclusively of the information requiring protection.SO ORDERED. (Filed under seal on 10/21/20) (Signed by Judge Laura Taylor Swain on 10/21/20)(jm)

ORDER as to Ziv Orenstein that bail be modified to remove the curfew and in its place impose stand-alone GPS monitoring. (Filed under seal on 4/1/20). (Signed by Judge Laura Taylor Swain on 4/1/20)(jm)

ORDER as to Ziv Orenstein as follows: With the consent of the parties, the Court directs the Clerk of Court to unseal the following previously-sealed documents and file them on the public docket of this action:1. The documents sealed at docket entry no. 29;2. The documents sealed at docket entry no. 145;3. The documents sealed at docket entry no. 146; and4. The documents sealed at docket entry no. 156.The Court will also file on the public docket (1) a letter dated July 28, 2020, from defense c ounsel, and (2) a letter dated November 4, 2020, from the Government.Pursuant to the Courts Order dated October 21, 2020 (docket entry no. 156), the parties sentencing submissions remain under seal. The Court directs the Government to confer with counsel for Defendant and submit a status report each October 1 and April 1, updating the Court as to the continued necessity of maintaining those submissions under seal. (Signed by Judge Laura Taylor Swain on 10/26/21)(jm)

CONSENT ORDER OF RESTITUTION as to Andrei Tyurin. (Signed by Judge Laura Taylor Swain on 4/5/2021) (Docketed in 15cr333 and 19cr658) (ap)

CONSENT PRELIMINARY ORDER OF FORFEITURE AS TO SPECIFIC PROPERTY/MONEY JUDGMENT as to Gery Shalon. IT IS HEREBY STIPULATED AND AGREED, by and between the UnitedStates of America, by its attorney Audrey Strauss, Acting United States Attorney, Assistan t United States Attorneys Eun Young Choi, and the Defendant GERY SHALON, and his counsel, Paul Lewis Shechtman, Esq., (collectively, the "Parties") that As a result of the offenses charged in Counts One through Twenty Three of Indictment 1 5 Cr. 333, to which the Defendant pled guilty, a money judgment in the amount of $413,721,087 in United States currency (the "Money Judgment"), representing the amount of proceeds traceable to the offenses charged in Counts One throu gh Fourteen and Eighteen through Twenty of Indictment 15 Cr. 333 that the Defendant personally obtained, and/or the property involved in Counts Twenty-One through Twenty-Three of Indictment 15 Cr. 333, shall be entered against the Defendant, for which the Defendant is jointly and severally liable with co-defendants Joshua Samuel Aaron, Ziv Orenstein, and Andrei Tyurin, to the extent a money judgments are entered against Joshua Samuel Aaron, Ziv Orenstein, and Andrei Tyurin. (Signed by Judge Laura Taylor Swain on 1/8/21)(jw)

CONSENT PRELIMINARY ORDER OF FORFEITURE as to Gery Shalon. IT IS HEREBY STIPULATED AND AGREED, by and between the United States of America, by its attorney Joon H. Kim, Acting United States Attorney, Assistant United States Attorneys Eun Young Choi and Daniel Tracer, of counsel, and the Defendant, and his counsel, Michael Soshnick, Esq., that Pursuant to Title 18, United States Code, Section 981(a)(l)(C) and Title 28, United States Code, Section 2461, and Rule 32.2(b)(l) of the Federal Rules of Criminal Procedure, and based on the foregoing, all of the Defendant GERY SHALON's right, title and interest in the Specific Property is forfeited to the United States. Any net funds received from the Specific Property are to be applied as a payment towards any future money judgment that may be entered against the Defendant at sentencing. (Signed by Judge Laura Taylor Swain on 4/27/17)(jw)

AMENDED CONSENT PRELIMINARY ORDER OF FORFEITURE/MONEY JUDGMENT as to Andrei Tyurin. IT IS HEREBY STIPULATED AND AGREED, by and between the United States of America, by its attorney Audrey Strauss, United States Attorney, Assistant United States Atto rneys Eun Young Choi, Noah D. Solowiejczyk, and Daniel Tracer, of counsel, and the Defendant, and his counsel, Florian Miedel, Esq., that As a result of the offenses charged in Counts One, Two, Eight, and Nine of the First Indictment and Counts One and Five of the Second Indictment, to which the Defendant pled guilty, a money judgment in the amount of $19,214,956.00 in United States currency, representing the amount of proceeds traceable to the offenses charged in in Counts One, Two, E ight, and Nine of the First Indictment and Counts One and Five of the Second Indictment that the Defendant personally obtained, shall be entered against the Defendant, for which the Defendant is jointly and severally liable with co-defendants Joshu a Samuel Aaron, Ziv Orenstein, and Gery Shalon, to the extent money judgments are entered against Joshua Samuel Aaron, Ziv Orenstein, and Gery Shalon. The Court shall retain jurisdiction to enforce this Consent Preliminary Order of Forfeiture/Money Judgment, and to amend it as necessary, pursuant to Rule 32.2 of the Federal Rules of Criminal Procedure (Signed by Judge Laura Taylor Swain on 2/5/21)(jw)

JUDGMENT IN A CRIMINAL CASE as to Andrei Tyurin (4). THE DEFENDANT: pleaded guilty to counts One (1), Two (2), Eight (8) and Nine (9). Counts and any underlying indictment are dismissed on the motion of the United States. IMPRISONMENT: 60 months as to each of Counts One (1) and Eight (8) and 144 months as to each of Counts Two (2) and Nine (9), to run concurrently, for a total of 144 months. No term of supervised release to follow. The court makes the following recommendations to the Bu reau of Prisons: that the defendant be credited with pre-extradition time spent in custody in the Republic of Georgia from 12/12/2017 to 9/7/2018, against this sentence. ASSESSMENT: $400.00 due immediately. The determination of restitution is deferred until 4/6/2021. An Amended Judgment in a Criminal Case (AO 245C) will be entered after such determination. The defendant shall forfeit the defendant's interest in the following property to the United States: Defendant is to forfeit to the United States $19,214,956.00 as specified in the Consent Order of Forfeiture, which represents the proceeds of the defendant's criminal activity. (Signed by Judge Laura Taylor Swain on 1/11/2021) (ap)

ORDER OF JUDICIAL REMOVAL as to Andrei Tyurin: IT IS HEREBY ORDERED, pursuant to Section 238(c) of the INA, 8 U.S.C. § 1228(c), that the defendant shall be removed from the United States promptly upon his release from confinement, or, if th e defendant is not sentenced to a term of imprisonment, promptly upon his sentencing, and that the defendant be ordered removed to Russia. (Signed by Judge Laura Taylor Swain on 1/7/2021) (See ORDER set forth) (Docketed in 15cr333 and 19cr658) (ap)

ORDER as to Andrei Tyurin. The continued sentencing hearing in this case, currently scheduled for January 7, 2021, at 9:00 a.m., is hereby rescheduled to occur as a video-conference using the CourtCall platform on January 7, 2021, at 11:00 a.m. A s requested, defense counsel will be given an opportunity to speak with the Defendant by telephone for fifteen minutes before the sentencing proceeding begins (i.e., at 10:45 a.m.). To optimize the quality of the video feed, only the Court, th e Defendant, defense counsel, and counsel for the Government will appear by video for the proceeding; all others will participate by telephone. Due to the limited capacity of the CourtCall system, only one counsel per party may participate. Co-co unsel, members of the press, and the public may access the audio feed of the conference by calling 855-268-7844 and using access code 32091812# and PIN 9921299# ( Sentencing set for 1/7/2021 at 11:00 AM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 12/30/20)(jw)

WAIVER OF RIGHT TO BE PRESENT AT CRIMINAL PROCEEDING as to Andrei Tyurin re: Sentence (Signed by Judge Laura Taylor Swain on 12/29/20)(jw)

ORDER as to Andrei Tyurin: The Court has requested that Defendant's continued sentencing proceeding take place via videoconference on the morning of January 7, 2021, at 9:00 a.m. No conference date, time or modality can be confirmed before t he end of the preceding week, so counsel are requested to keep their calendars open between the hours of 9 a.m. and 2 p.m. on January 7, 2021, until further notice. SO ORDERED. (Sentencing set for 1/7/2021 at 09:00 AM before Judge Laura Taylor Swain) (Signed by Judge Laura Taylor Swain on 12/8/2020) (See ORDER as set forth) (lnl)

ORDER as to (15-Cr-333-4) Andrei Tyurin. The sentencing hearing in this case, currently scheduled for December 1, 2020, at 11:00 a.m., is hereby rescheduled to occur as a videoconference using the CourtCall platform on December 3, 2020, at 11:00 a.m . As requested, defense counsel will be given an opportunity to speak with the Defendant by telephone for fifteen minutes before the sentencing proceeding begins (i.e., at 10:45 a.m.); defense counsel should make sure to answer the telephone number t hat was previously provided to Chambers at that time. (Chambers will provide counsel with a telephone number at which the interpreter can be reached at the time of the pre-conference; it is counsel's responsibility to conference the interpreter in with the Defendant for the pre-conference.) To optimize the quality of the video feed, only the Court, the Defendant, defense counsel, and counsel for the Government will appear by video for the proceeding; all others will participate by telephone . Due to the limited capacity of the CourtCall system, only one counsel per party may participate. Co-counsel, members of the press, and the public may access the audio feed of the conference by calling 855-268-7844 and using access code 67812309# a nd PIN 9921299#....[See this Order]... If possible, defense counsel shall discuss the attached Waiver of Right to be Present at Criminal Proceeding with the Defendant prior to the proceeding. If the Defendant consents, and is able to sign the form (e ither personally or, in accordance with Standing Order 20-MC-174 of March 27, 2020, by defense counsel), defense counsel shall file the executed form at least 24 hours prior to the proceeding. In the event the Defendant consents, but counsel is unabl e to obtain or affix the Defendant's signature on the form, the Court will conduct an inquiry at the outset of the proceeding to determine whether it is appropriate for the Court to add the Defendant's signature to the form. To the extent t hat there are any documents relevant to the proceeding (e.g., proposed orders or documents regarding restitution, forfeiture, or removal), counsel should submit them to the Court (by email or on ECF, as appropriate) at least at least 24 hours prior to the proceeding. To the extent any documents require the Defendants signature, defense counsel should endeavor to get them signed in advance of the proceeding as set forth above; if defense counsel is unable to do so, the Court will conduct an inquiry during the proceeding to determine whether it is appropriate for the Court to add the Defendant's signature. SO ORDERED. (Signed by Judge Laura Taylor Swain on 11/24/2020); Also docketed in 19-Cr-658(LTS). (bw)

ORDER ISSUED PURSUANT TO FEDERAL RULE OF CRIMINAL PROCEDURE 5(F) as to Gery Shalon, Joshua Samuel Aaron, Ziv Orenstein, Andrei Tyurin. The parties are directed, pursuant to Federal Rule of Criminal Procedure 5(f) as amended by the Due Process Protec tions Act of 2020, to take notice of the following: Brady v. Maryland, 373 U.S. 83 (1963), and the decisions that have built upon it establish that, in order to assure protection of the defendant's constitutional rights to due process and a f air trial, the prosecution (i.e., the Government) has an affirmative duty to seek out and provide to the defense all material evidence that is favorable to the accused and that is known to the Government or to federal, state, and local law enforce ment personnel and officers who are or have been involved in the investigation or prosecution of the case. Strickler v. Greene, 527 U.S. 263, 280-81 (1999); Kyles v. Whitley, 514 U.S. 419, 437 (1995). Evidence is material if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different. U.S. v. Bagley, 473 U.S. 667, 682 (1985). Because this is a backward-looking standard, a "prudent prosecutor will resolve doubtful questions in favor of disclosure." United States v. Agurs, 427 U.S. 97, 108 (1976). (Signed by Judge Laura Taylor Swain on 11/23/2020) (See ORDER set forth) (ap)

ORDER as to Ziv Orenstein: The sentencing proceeding currently scheduled for August 3, 2020, at 2:00 p.m., is hereby adjourned to September 29, 2020, at 11:00 a.m., in Courtroom 17C of the Daniel Patrick Moynihan United States Courthouse, 500 Pea rl St., New York, NY 10007. In light of the ongoing public health emergency, the parties should plan arrive at the Courthouse early. All persons entering the courthouse must also follow the attached screening instructions, which the Court recommen ds doing before arriving at the courthouse. The parties' submissions shall be made on the schedule provided in the Court's Sentencing Submission Procedures, which are available on the Court's website. (Sentencing set for 9/29/2020 at 11:00 AM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain) (Signed by Judge Laura Taylor Swain on 7/30/2020) (ap)

MEMO ENDORSEMENT as to Andrei Tyurin (4)on (Document 125) CONSENT LETTER MOTION addressed to Judge Laura Taylor Swain from AUSA Eun Young Choi dated May 4, 2020 re: Request for Rescheduling of Sentencing of Andrei Tyurin. ENDORSEMENT: The sentencing is adjourned to July 21, 2020, at 11 :00 a.m. and the related deadlines are modified accordingly. (Signed by Judge Laura Taylor Swain on 5/4/2020) (ap)

MEMO ENDORSEMENT as to Andrei Tyurin (4) granting (Document 121) CONSENT LETTER MOTION addressed to Judge Laura Taylor Swain from Florian Miedel dated 04-22-2020 re: Adjournment of Sentencing. ENDORSEMENT: The sentencing is adjourned to July 23, 2020, at 10:00 A.M. and the related deadlines are modified accordingly. SO ORDERED. (Signed by Judge Laura Taylor Swain on 4/22/2020) (lnl)

MEMO ENDORSEMENT as to Ziv Orenstein (3) on (Document 119) CONSENT LETTER MOTION addressed to Judge Laura Taylor Swain from AUSA Eun Young Choi dated March 11, 2020 re: Adjournment of Sentencing of Ziv Orenstein. ENDORSEMENT: The sentencing is adjourned to May 28, 2020, at 2:30 pm. SO ORDERED. (Signed by Judge Laura Taylor Swain on 3/12/2020) (lnl)

MEMO ENDORSEMENT as to Andrei Tyurin (4) granting (Document 117) CONSENT LETTER MOTION addressed to Judge Laura Taylor Swain from AUSA Eun Young Choi dated February 7, 2020 re: Request for Adjournment of Sentencing Date for Defendant Andrei Tyurin. ENDORSEMENT: The sentencing is adjourned to May 19, 2020, at 2:15 pm. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/7/2020) (lnl)

MEMO ENDORSEMENT as to Andrei Tyurin (4) granting (Document 113) LETTER MOTION addressed to Judge Laura Taylor Swain from Florian Miedel dated 12-11-2019 re: Extension of PSR Disclosure Date. ENDORSEMENT: The request is granted. DE #113 resolved. (Signed by Judge Laura Taylor Swain on 12/13/2019) (ap)

MEMO ENDORSEMENT as to Ziv Orenstein (3) on (Document 111) LETTER MOTION addressed to Judge Laura Taylor Swain from AUSA Eun Young Choi dated November 15, 2019 re: Request for Sentencing and Order for Presentence Report for Defendant Ziv Orenstein. ENDORSEMENT: The sentencing is adjourned to 11:00 AM on March 12, 2020. A PSR will be ordered, with a direction that defense counsel is to be present for interview. Submission is to made in accordance with undersigned's procedures (see Court website). DE #111 resolved. (Signed by Judge Laura Taylor Swain on 11/19/2019) (ap) Modified on 11/19/2019 (ap).