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USA v. Helbrans et al. (7:19-cr-00497-NSR)

U.S. District Court for the Southern District of New York

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USA v. Helbrans et al. (7:19-cr-00497-NSR)

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  • ORDER as to Mordechay Malka: After considering the parties' arguments and the Bail Reform Act factors de novo, the Court upheld the Magistrate Judge's bail disposition after concluding that Defendant posed a flight risk and a danger to the community, and that he would not abide by the proposed bail conditions. Specifically, the Court found that Defendant posed a flight risk because he (i) did not have sufficient ties to the United States despite him being a United States citizen ; (ii) was a resident of Guatemala; (iii) was unemployed; and (iv) did not have any financial ties to the United States. The Court also found that Defendant posed a danger to the community because he was charged with serious offense for his partic ipation in an international parental kidnapping conspiracy in which the conspirators made multiple attempts during a three-year period to remove two children away from the custody of their mother. Accordingly, the Court DENIED Defendant's bail application and ORDERED him detained. (Signed by Judge Nelson Stephen Roman on 8/1/2022) (See ORDER set forth) (ap)

  • MEMO ENDORSEMENT as to Yakov Weingarten (8) on (Document 674) LETTER MOTION addressed to Judge Nelson Stephen Roman from Francis L. O'Reilly dated June 14, 2022 re: Letter regarding Proof of Service upon Pro Se Defendant. ENDORSEMENT: T he Court acknowledges stand-by counsel's letter confirming service of the above stated letter on pro se Deft. Clerk of Court is requested to terminate the motion at ECF No. 674. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 7/13/2022) (lnl)

  • MEMO ENDORSEMENT as to Jacob Rosner (4) granting (Document 683) LETTER MOTION addressed to Judge Nelson Stephen Roman from Sam Braverman dated 6/22/22 re: (Document 682) Order on Letter Motion, re: Request to update bail modification. ENDORSEMENT: The Cour t grants the application and temporarily modifies Def's bail conditions for the limited purpose of him attending a wedding on this day and return home by 1:30 a.m. The Court's remaining conditions on this temporary bail modification as set forth in ECF No. 682 are still applicable. The Clerk of the Court is directed to terminate the motion at ECF No. 683. (Signed by Judge Nelson Stephen Roman on 6/22/2022) (ap)

  • MEMO ENDORSEMENT as to Jacob Rosner (4) granting (Document 681) LETTER MOTION addressed to Judge Nelson Stephen Roman from Sam Braverman dated 6/21/22 re: Bail modification. ENDORSEMENT: The Court GRANTS, as detailed below, Def.'s application to t emporarily modify his bail conditions without objection by the Government and U.S. Pretrial Services, provided that Def.'s visit does not conflict with the imposed bail conditions prohibiting him from communicating directly or indirectly with any victim(s), witnesses, Lev Tabor members and/or co-defendant(s) as delineated in the "Order Setting Conditions of Release" signed by Def. The Clerk of the Court is directed to terminate the motion at ECF No. 681. (Signed by Judge Nelson Stephen Roman on 6/21/2022) (ap)

  • MEMO ENDORSED granting (Document 656) LETTER MOTION Request for Interim CJA Payments as to Yakov Weingarten (8)... ENDORSEMENT: The Court GRANTS standby counsel's request to submit interim billing. Clerk of Court is requested to terminate the motion at ECF No. 656. Dated: White Plains, NY. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 6/13/22) (jbo)

  • MEMO ENDORSED granting (Document 648) LETTER MOTION Request for Appointment of Associate Counsel as to Yakov Weingarten (8)... ENDORSEMENT: The Court GRANTS standby counsel's request to appoint Justin Pugh as (standby) associate counsel at a rate of $110/hour. Standby counsel is directed to mail a copy of this endorsement to pro se Deft. and file proof of service. Clerk of Court is requested to terminate the motion at ECF No. 648. Dated: White Plains, NY. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 6/13/22) (jbo)

  • MEMO ENDORSED granting (Document 672) LETTER MOTION Proposed Order for Laptop Computer as to Yakov Weingarten (8)... MEMORANDUM ENDORSEMENT: The Court is in receipt of the attached letter from standby counsel for pro se Defendant Yakev Weingart en, dated June 13, 2022, requesting a written order authorizing standby counsel to use CJA funds to procure a laptop computer for pro se Defendant with all necessary software so that pro se Defendant can prepare for his defense while incarcerated. Standby counsel also submitted a proposed order with the attached letter. As an initial matter, the Court notes that it has already previously issued such written laptop order on May 10, 2022, with respect to pro se Defendant and his co-defendant, Shmiel Weingarten, who is also proceeding pro se. (See ECF No. 624.) Further, throughout his proposed order, standby counsel refers to himself as "Defense counsel" despite the Court having permitted pro se Defendant to represent himself since May 10, 2022the same day the Court also issued the laptop order at issue. (See ECF No. 622.) And moreover, the Court notes that the language of the proposed order also seemingly seeks relief for both pro se Defendant and his co-defendant, Shm iel Weingarten. But as the Court strongly emphasized in its May 10, 2022 laptop order: The Court reiterates that each Defendant in this case whose request to represent himself has been approved, including Shmiel Weingarten and Yakev Weingarten, repr esents himself and only himself. Each pro se Defendant must communicate with the Court (whether in writing or orally) on his own behalf and may not purport to represent any other Defendant (ECF No. 624 at 3 (emphasis in original).) Accordingly, insof ar as standby counsel for pro se Defendant also seeks relief for codefendant Shmiel Weingarten, his request is DENIED. Further, insofar as standby counsel requests any relief not already granted by the Court's May 10, 2022 laptop order, the C ourt DEFERS ruling on the instant motion until standby counsel, after consulting with the Government regarding the additional relief sought, if any, submits a new proposed order that supplements the Court's May 10, 2022 laptop order. The Court finally DIRECTS standby counsel to serve a copy of this memorandum endorsement to pro se Defendant by any necessary means and to file proof of service on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 6/13/22) (jbo)

  • MEMO ENDORSED granting (Document 670) LETTER MOTION Bail modification as to Jacob Rosner (4)... ENDORSEMENT: The Court is in receipt of the attached letter from Defendant Jacob Rosner, dated June 10, 2022, seeking to temporarily modify his bail c onditions for the limited purpose of visiting his grandmother's home on June 14, 2022. Accordingly, the Court GRANTS, as detailed below, Defendant's application without objection by the Government and U.S. Pretrial Services, provided that Defendant's visit does not conflict with the imposed bail conditions prohibiting him from communicating directly or indirectly with any victim(s), witnesses, Lev Tahor members and/or co-defendant(s) as delineated in the "Order Setting Co nditions of Release" signed by Defendant. However, if Defendant's intention is to travel outside the permitted travel areas, he must immediately notify the Court of the address of his intended visit. The Clerk of the Court is directed to terminate the motion at ECF No. 670. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 6/10/22) (jbo)

  • RESCHEDULING ORDER as to Aron Rosner: it is herebyORDERED rescheduled, without objection by the Government, to June 9, 2022 at 2:00 pm. In light of the recent Coronavirus Disease 2019 ("COVID-19") pandemic affecting New York, and given the directives provided by the Chief Judge of the United States District Court for the Southern District of New York to limit in-person court appearances due to the risk presented by COVID-19, the Public may dial in to observe the proceeding, howe ver, each individual must mute his/her/their phone during the proceeding. To access the teleconference, please follow these directions: (1)Dial the Meeting Number: (877) 336-1839; (2) Enter the Access Code:1231334 #; (3) Press pound (#) to enter the teleconference as a guest. SO ORDERED. (Change of Plea Hearing set for 6/9/2022 at 02:00 PM before Judge Nelson Stephen Roman) (Signed by Judge Nelson Stephen Roman on 6/3/2022) (lnl)

  • ORDER as to Matityau Moshe Malka, Mordechay Malka: The Court ORDERS that Westchester County Jail SHALL provide Defendants Matityau Moshe Malka (05) and Mordechay Malka (09), and their counsel, Ms. Susan Wolfe, Mr. Ezra Spilke, Mr. Joseph Vita, and Mr. Howard Tanner, a private conference room past visitation hours so that they can adequately prepare for tomorrow's anticipated trial testimony. (Signed by Judge Nelson Stephen Roman on 5/26/2022) (See ORDER set forth) (ap)

  • PROTECTIVE ORDER -- Minor 1 Confidential Records as to (S3 19-Cr-497-) Matityau Moshe Malka (5), Mordechay Malka (9)...regarding procedures to be followed that shall govern the handling of confidential material. SO ORDERED: (Signed by Judge Nelson Stephen Roman on 5/26/2022)(bw)

  • ORDER as to Matityau Moshe Malka, Mordechay Malka: Provided that the Government lays the proper foundation for the WCJ Records and authenticates these records through written certifications under Federal Rule of Evidence 902(11), the Court will admit these records for a limited purpose. The Clerk of the Court is directed to terminate the motion at ECF No. 634. (Signed by Judge Nelson Stephen Roman on 5/19/2022) (See ORDER set forth) (ap)

  • ORDER as to Matityau Moshe Malka, Mordechay Malka: The Court DENIES pro se Defendants' motion for recusal of the undersigned. (Signed by Judge Nelson Stephen Roman on 5/19/2022) (See ORDER set forth) (ap)

  • MEMO ENDORSEMENT as to Matityau Moshe Malka (5) granting (Document 613) LETTER MOTION addressed to Judge Nelson Stephen Roman from Joseph A. Vita dated May 7, 2022 re: Adopt witness list and exhibit list filings by co-defendant Mordechay Malk a pro se. ENDORSEMENT: The Court GRANTS the request of pro se Defendant Matityau Moshe Malka to adopt the trial witness and exhibit lists made by pro se Defendant Mordechay Malka. Standby counsel SHALL serve a copy of this endorsement to pro s e Defendant Matityau Moshe Malka by any necessary means and file proof of service on the docket. The Clerk of the Court is directed to terminate the motion at ECF No. 613. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 5/16/2022) (lnl)

  • OPINION & ORDER as to Matityau Moshe Malka, Mordechay Malka. The Court GRANTS IN PART, DENIES IN PART the Government's motions in limine, and GRANTS IN PART, DENIES IN PART the Malkas' motions in limine. The Court further DENIES all o f the Malkas' motions to dismiss. The Clerk of the Court is respectfully directed to terminate the pending motions at ECF Nos. 478, 494, and 506. Standby counsel for the Malkas are directed to serve a copy of this order to their respective pro se Defendants by any necessary means and to file proof of service on the docket. (Signed by Judge Nelson Stephen Roman on 5/11/2022) (See ORDER set forth) (ap)

  • ORDER as to Shmiel Weingarten, Yakov Weingarten: On May 10, 2022, pro se Defendants Shmiel Weingarten (06) and Yakev Weingarten (08) orally requested approval for the use of CJA funds to purchase laptops they can use to prepare their respective d efenses while detained at Westchester County Jail ("the Facility"). Defendants' requests state that without laptops they will be unable to write in English, conduct research, review discovery, or otherwise prepare their respective d efenses in an effective and timely manner. The Court GRANTS the application as follows: 1.Standby Counsel for Defendants are authorized to procure with CJA funds, a laptop computer or similar device (hereinafter, "Electronic Device") for each Defendant so that each pro se Defendant can prepare his own defense. The Court also authorizes the use of CJA funds for necessary hard drives, software programs, charging cables, or adapters. The Court reiterates that each Defendan t in this case whose request to represent himself has been approved, including Shmiel Weingarten and Yakev Weingarten, represents himself and only himself. Each pro se Defendant must communicate with the Court (whether in writing or orally) on hi s own behalf and may not purport to represent any other Defendant. The Court finally DIRECTS Standby Counsel to serve a copy of this order to their respective Defendant by any necessary means and to file proof of service on the docket. (Signed by Judge Nelson Stephen Roman on 5/10/2022) (See ORDER set forth) (ap) Modified on 5/11/2022 (ap).

  • ORDER as to Shmiel Weingarten: The Court GRANTS Defendant's request to proceed pro se, that is, to represent himself in this criminal case from this day on, and appoints Defendant's current CJA counsel, Michael K. Burke, as "standby " counsel. The Court reiterates to Mr. Weingarten that as he represents himself, he is required to comport with courtroom protocols and procedure, including the Federal Rules of Criminal Procedure and the Federal Rules of Evidence. The Court further DIRECTS Standby Counsel to (i) familiarize himself, on an ongoing basis, with the discovery, court proceedings and determinations, and other related developments throughout the litigation; and (ii) to be prepared to provide assistance to pro se Defendant and take over the defense should the need arise. The Court finally DIRECTS Standby Counsel to serve a copy of this order to pro se Defendant by any necessary means and to file proof of service on the docket. (Signed by Judge Nelson Stephen Roman on 5/10/2022) (See ORDER set forth) (ap)

  • ORDER as to Yakov Weingarten: The Court GRANTS Defendant's request to proceed pro se, that is, to represent himself in this criminal case from this day on, and appoints Defendant's current CJA counsel, Francis L. O'Reilly, as " standby" counsel. The Court reiterates to Mr. Weingarten that as he represents himself, he is required to comport with courtroom protocols and procedure, including the Federal Rules of Criminal Procedure and the Federal Rules of Evidence. The Court further DIRECTS Standby Counsel to (i) familiarize himself, on an ongoing basis, with the discovery, court proceedings and determinations, and other related developments throughout the litigation; and (ii) to be prepared to provide assista nce to pro se Defendant and take over the defense should the need arise. The Court finally DIRECTS Standby Counsel to serve a copy of this order to pro se Defendant by any necessary means and to file proof of service on the docket. (Signed by Judge Nelson Stephen Roman on 5/10/2022) (See ORDER set forth) (ap)

  • AMENDED PROTECTIVE ORDER as to Nachman Helbrans, Mayer Rosner, Aron Rosner, Jacob Rosner, Matityau Moshe Malka, Shmiel Weingarten, Yoil Weingarten, Yakov Weingarten, Mordechay Malka...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Nelson Stephen Roman on 5/10/2022) (ap)

  • MEMO ENDORSEMENT as to Yakov Weingarten (8) on (Document 571) LETTER MOTION addressed to Judge Nelson Stephen Roman from Francis L. O'Reilly dated April 29, 2022 re: Request for Faretta Hearing. ENDORSEMENT: An in-person Initial Appearance is sc heduled for May 10, 2022 at 2 pm. At the conf., the Court will discuss with counsel the issues of discovery, possible briefing schedule for motions and scheduling a Faretta hearing. Clerk of Court is requested to terminate the motion (doc. 571). (Signed by Judge Nelson Stephen Roman on 5/9/2022) (ap)

  • MEMO ENDORSEMENT as to Shmiel Weingarten (6) on (Document 579) LETTER MOTION addressed to Judge Nelson Stephen Roman from Michael K. Burke dated May 2, 2022 re: Request for hearing. ENDORSEMENT: An in-person Initial Appearance is scheduled for May 10, 2022 at 2 pm. At the conf., the Court will discuss with counsel the issues of discovery, possible briefing schedule for motions and scheduling a Faretta hearing. Clerk of Court is requested to terminate the motion (doc. 579). (Signed by Judge Nelson Stephen Roman on 5/9/2022) (ap)

  • SCHEDULING ORDER as to Shmiel Weingarten, Yakov Weingarten. The in-person Initial Appearance for both of the above Defendants is scheduled for May 10, 2022 at 2:00 pm in Courtroom 218. In light of the recent Coronavirus Disease 2019 ("COVID-19 ") pandemic affecting NewYork, and given the directives provided by the Chief Judge of the United States District Court forthe Southern District of New York to limit in-person court appearances due to the risk presentedby COVID-19, the Public m ay dial in to observe the proceeding, however, each individual mustmute his/her/their phone during the proceeding. To access the teleconference, please follow thesedirections: (1) Dial the Meeting Number: (877) 336-1839; (2) Enter the Access Code:123 1334#; (3) Press pound (#) to enter the teleconference as a guest (Initial Appearance set for 5/10/2022 at 02:00 PM in Courtroom 218, 300 Quarropas Street, White Plains, NY 10601 before Judge Nelson Stephen Roman.) (Signed by Judge Nelson Stephen Roman on 5/5/22)(jw)

  • SCHEDULING ORDER as to Aron Rosner, Matityau Moshe Malka, Mordechay Malka. The in-person Final Pretrial Conference for the above Defendant and pro se Defendants is scheduled for May 12, 2022 at 10:30 am in Courtroom 218. To access the teleconferen ce, please follow these directions: (1) Dial the Meeting Number: (877) 336-1839; (2) Enter the Access Code: 1231334#; (3) Press pound (#) to enter the teleconference as a guest. Stand-by counsel are directed to serve a copy of this Order on their re spective pro se Defendant and file proof of service. (Pretrial Conference set for 5/12/2022 at 10:30 AM in Courtroom 218, 300 Quarropas Street, White Plains, NY 10601 before Judge Nelson Stephen Roman) (Signed by Judge Nelson Stephen Roman on 5/5/2022) (See ORDER set forth) (ap)

  • CASH BAIL ORDER as to Matityau Moshe Malka. It is hereby certified that bail of the above defendant was fixed on 5/4/2022 by the Honorable Nelson S. Roman, United States District Judge, for the S.D.N.Y, in the amount of $250,000.00, Personal Recognizance Bond, to be secured by in money order or property with the clerk of the court, U.S.D.C. for the S.D.N.Y. for the appearance of the defendant before this court (Signed by Judge Nelson Stephen Roman on 5/4/22)(jw)

  • MEMO ENDORSEMENT (Document 585) LETTER MOTION addressed to Judge Nelson Stephen Roman from Francis L. O'Reilly dated May 3, 2022 re: Request Permission for Stand In Counsel...ENDORSEMENT...Counsel's application is GRANTED. Clerk of Court is requested to terminate the motion(doc. 585) (Signed by Judge Nelson Stephen Roman on 5/3/22) (jw)

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USA v. Helbrans et al. (7:19-cr-00497-NSR)

U.S. District Court for the Southern District of New York

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