Use this searchbox to search JudicialCaselaw.com for more interesting court decisions.

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

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

Share on Social Media

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

Follow on Feedly for case updates: follow us on feedly

RSS: RSS Feed Icon

There are up to 25 documents per page.

  • SCHEDULING ORDER as to Aron Rosner, Jacob Rosner, Matityau Moshe Malka, Mordechay Malka: The in-person Arraignment/Status Conference for the above Defendant and pro se Defendants is scheduled for December 9, 2021 at 2:00 pm in Courtroom 218. 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 cou rt appearances due to the risk presented by COVID-19, the Public may dial in to observe the proceeding, however, 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. Stand-by counsel are directed to mail a copy of this Order to their respective pro se Defendant and file proof of service. (Arraignment/Status Conference set for 12/9/2021 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 12/3/2021) (lnl)

  • ORDER as to (S3 19-Cr-497) Nachman Helbrans (1), Mayer Rosner (2). On this day, the Court received an email from a third party with an alleged request purportedly submitted on behalf of Defendants Nachman Helbrans and Mayer Rosner (collectively, &q uot;Defendants") in the above-captioned cause. From February 2021 to October 18, 2021, Defendants represented themselves pro se until the Court revoked such status and appointed counsel to represent them. "Although criminal defendants poss ess both the right to appear pro se and to appointed counsel, ordinarily those rights cannot both be exercised at the same time." Ennis v. LeFevre, 560 F.2d 1072, 1075 (2d Cir. 1977), cert. denied, 435 U.S. 976 (1978). "[A] criminal defenda nt has no constitutional or statutory right to represent himself as co-counsel with his own attorney." United States v. Tutino, 883 F.2d 1125, 1141 (2d Cir. 1989) (citing Ennis, 560 F.2d at 1075). Therefore, the Court will not entertain any all eged requests submitted by third parties purportedly acting on behalf of Defendants. Any of Defendants' requests to the Court must be submitted through their legal counsel, not through other third parties nor filed pro se. See United States v. Tracy, 989 F.2d 1279, 1285 (1st Cir. 1993) ("A district court enjoys wide latitude in managing its docket and can require represented parties to present motions through counsel."). The submitted alleged request will be forwarded to counsel of record. SO ORDERED: (Signed by Judge Nelson Stephen Roman on 11/24/2021)(bw)

  • OPINION & ORDER as to Nachman Helbrans, Mayer Rosner, Jacob Rosner. The Court denies Jacob Rosners motion for reconsideration. The Clerk of Court is kindly directed to terminate the motion at ECF No. 432. Standby counsel for pro se Defendant Jacob Rosner is directed to provide a copy of this opinion and order to his client and to file proof of service on the docket. (Signed by Judge Nelson Stephen Roman on 11/10/2021) (See ORDER set forth) (ap)

  • OPINION & ORDER as to Nachman Helbrans, Mayer Rosner: For the foregoing reasons, and as orally held, spousal privilege does not bar Jane Doe's testimony because no party has provided the Court with any reason to believe that the marriage was recognized by law. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 11/4/2021) (lnl)

  • MEMO ENDORSEMENT (Document 395) LETTER MOTION addressed to Judge Nelson Stephen Roman from peter j. schaffer dated 10/14/2021 re: Order allowing pro se defendant to Bring Electronic Device to Court....ENDORSEMENT...Application GRANTED. Standby counsel directed to provide copies of this endorsement and the Device Order to pro se Defendant and file proof of service. Clerk of Court requested to terminate the motion (doc 395). (Signed by Judge Nelson Stephen Roman on 10/15/21) (jw)

  • ORDER as to Nachman Helbrans, Mayer Rosner. A trial against pro se Defendants Nachman Helbrans and Mayer Rosner will begin on Monday, October 18, 2021. The parties are hereby directed to appear at 9:00 AM on Monday, October 18, 2021 in Courtroom 218 for a supplemental final pretrial conference prior to jury selection. Jury selection will begin immediately after this conference. Inquiry to Confirm Continued Pro Se Representation. (Pretrial Conference set for 10/18/2021 at 09:00 AM before Judge Nelson Stephen Roman.) (Signed by Judge Nelson Stephen Roman on 10/15/21)(jw)

  • SCHEDULING ORDER as to Nachman Helbrans, Mayer Rosner. Upon completion of jury selection, the trial for the above Defendants is scheduled to commence either October 20, 2021 or October 21, 2021. The trial is generally conducted Monday through F riday, from 11:00 am to 4:00 pm, with a one-hour lunch break. 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 S outhern 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, however, 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. Standby counsel are directed to provide a copy of this Order to their respective pro se Defendant and file proof of service. (Signed by Judge Nelson Stephen Roman on 10/15/21)(jw)

  • ORDER REGARDING DEFENSE EXPERTS ON MEXICAN AND GUATEMALAN LAW as to Nachman Helbrans, Mayer Rosner: By email from a third party early this morning, October 15, 2021, Defendants notified the Court that they intend to present testimony from exper ts on Mexican and Guatemalan laws concerning marriage and sexual relations involving minors. On October 8, 2021, the Government filed affidavits from its own experts on the same topics. (ECF No. 376.) Defendants are directed to provide similar affi davits from their proposed expert witnesses. These expert affidavits MUST be provided to the Court and to the Government by 5:00PM on Tuesday, October 19, 2021. This is a FIRM deadline because the Court anticipates that preliminary instructions a nd opening statements could take place as early as Wednesday, October 20, 20211. Standby counsel for pro se Defendants Helbrans and M. Rosner are directed to provide a copy of this order to their respective Defendants and to file proof of service on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 10/15/2021) (lnl)

  • OPINION & ORDER as to Nachman Helbrans, Mayer Rosner... CONCLUSION: For the foregoing reasons, the Government's motions in limine are granted in part and denied in part, and the Defendants' motions in limine are granted in part and deni ed in part, as explained above. The Clerk of the Court is respectfully directed to terminate the pending motions at ECF Nos. 352, 353, 355, 366, 373, 382. Standby counsel for Helbrans and Rosner are directed to provide a copy of the Court's order to their respective pro se Defendants and to file proof of service on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 10/12/21)(jbo)

  • MEMO ENDORSED granting (Document 378) LETTER MOTION Order to Bring Electronic Device to Court as to Nachman Helbrans (1)... ENDORSEMENT: Application granted. Clerk of Court requested to terminate the motion (doc.378). SO ORDERED. (Signed by Judge Nelson Stephen Roman on 10/12/21) (jbo)

  • SCHEDULING ORDER as to Nachman Helbrans, Mayer Rosner. The in-person Final Pretrial Conference for the above Defendant is scheduled for October 13, 2021 at 11:00 am in Courtroom 218. 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 Pub lic may dial in to observe the proceeding, however, 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 Acces s Code: 1231334#; (3) Press pound (#) to enter the teleconference as a guest. Standby counsel are directed to promptly serve a copy of this Order on their respective pro se Defendant by any necessary means and file proof of such service. (Pretrial Conference set for 10/13/2021 at 11:00 AM in Courtroom 218, 300 Quarropas Street, White Plains, NY 10601 before Judge Nelson Stephen Roman) (Signed by Judge Nelson Stephen Roman on 10/8/2021) (ap)

  • ORDER as to Matityau Moshe Malka: The in-person De Novo Bail Review for the above Defendant is scheduled for October 12, 2021 at 11:30 am in Courtroom 620. 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, however, 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) Pres s pound (#) to enter the teleconference as a guest. Standby counsel shall immediately serve a copy of this Order on pro se Defendant by any necessary means and file proof of such service. SO ORDERED. (Bail Review Hearing set for 10/12/2021 at 11:30 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Nelson Stephen Roman) (Signed by Judge Nelson Stephen Roman on 10/8/2021) (lnl)

  • MEMO ENDORSEMENT as to Nachman Helbrans (1) granting (Document 360) LETTER MOTION addressed to Judge Nelson Stephen Roman from Bruce Koffsky dated September 29, 2021 re: Extend Time to Respond to Court's Order of September 27, 2021. ENDORSEMENT: T he Court grants the pro se Defendants' request to clarify the relief they seek in their motions in limine on or before October 1, 2021. The Court extends the Motions in Limine briefing schedule as follows: opposition papers shall be filed on Oct ober 4, 2021 so that they can address the Defendants' clarified requests for relief; reply papers shall be filed on October 11, 2021. The Clerk of Court is directed to terminate the motion at ECF No. 360. Standby counsel for Helbrans and M. Rosner are directed to provide their respective Defendants with a copy of this order and to file proof of service on the docket. (Signed by Judge Nelson Stephen Roman on 9/29/2021) (ap)

  • ORDER as to Nachman Helbrans, Mayer Rosner: The Court has received pro se Defendant Mayer Rosner's motions in limine (ECF No. 353), and the exhibits in support (ECF No. 353). The Court GRANTS Defendant Nachman Helbrans' motion for leave to join Rosner's motions in limine. (ECF No. 354.) The motions in limine filed by Rosner will be referred to henceforth as Defendants' motions in limine. An in limine motion is intended to aid the trial process by enabling the Court to rule in advance of trial on the relevance of certain forecasted evidence, as to issues that are definitely set for trial, without lengthy argument at, or interruption of, the trial. Palmieri v. Defaria, 88 F.3d 136, 141 (2d Cir. 1996). The Court 039;s inherent authority to manage the course of its trials gives it the power to rule on motions in limine. Highland Capital Mgmt., L.P. v. Schneider, 551 F. Supp. 2d 173, 176-77 (S.D.N.Y. 2008) (citing Luce v. United States, 469 U.S. 38, 41 n. 4 (1984)). A preliminary review of the papers Defendants submitted indicates that they seek an order barring the Government from using terms like "kidnapping" or "abduction" to refer to Defendants' actions and from referring to the Minors as "victims." It also appears that Defendants wish to assert various defenses. Insofar as they are attempting to ascertain whether certain defenses for their conduct are legally available, it is unclear to the Court from th eir papers what defenses they wish to assert. The Court is also unsure what relief the Defendants seek as to the over 3,000 pages of exhibits they filed. These exhibits appear to include, inter alia, draft affidavits prepared by Helbrans, co-Defe ndants Jacob Rosner and Matityau Moshe Malka, non-appearing co-Defendants the Weingartens, and non-party Chaim Malka. To the extent that Defendants provided the Court with these affidavits because they wish to call the affiants to testify on behal f of the defense at trial, Defendants are reminded that witness lists are due to the Court by October 12, 2021. Defendants are further advised that they should consult with their standby counsel regarding procedures for subpoenaing witnesses, incl uding detained individuals or those unable to appear in person. Insofar as Defendants attached various exhibits to their motion because they seek a factual determination; factual determinations will take place during the jury trial. Accordingly, t he Court directs Defendants to clarify, through their standby counsel if necessary, on or before Thursday, September 30, 2021, what relief they are seeking from the Court in their motions in limine regarding the evidence or defenses that may or ma y not be presented at trial, and if they may be presented, for what purpose(s). The Court notes that, if counsel were to file a motion that was as opaque as to the relief sought at that filed by the Defendants here, it would similarly seek clarifi cation from counsel. The Clerk of Court is directed to terminate the motion at ECF No. 354. Standby counsel for Nachman Helbrans and Mayer Rosner are directed provide a copy of this order to their respective pro se Defendants and to file proof of service on the docket. (Signed by Judge Nelson Stephen Roman on 9/27/2021) (ap)

  • RESCHEDULING ORDER as to Aron Rosner. It is hereby ORDERED that the telephonic Status Conference for the above Defendant is scheduled on September 23, 2021 at 11:30 am. To access the teleconference, please follow these directions: (1) Dial the Meeti ng Number: (877) 336-1839; (2) Enter the Access Code: 1231334 #; (3) Press pound (#) to enter the teleconference as a guest (Telephonic Status Conference set for 9/23/2021 at 11:30 AM before Judge Nelson Stephen Roman.) (Signed by Judge Nelson Stephen Roman on 9/22/21)(jw)

  • SCHEDULING ORDER as to Jacob Rosner, Matityau Moshe Malka, Mordechay Malka. The in-person Status Conference for the above pro se Defendants is scheduled for September 23, 2021 at 11:30 am in Courtroom 218. 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, however, 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. Stand-by counsel are directed to mail a copy of this Order to their respective pro se Defendant and file proof of service. (Signed by Judge Nelson Stephen Roman on 9/16/2021) (ap)

  • ORDER as to Nachman Helbrans, Mayer Rosner, Aron Rosner, Jacob Rosner, Matityau Moshe Malka, Mordechay Malka: By order dated August 21, 2021, the Court directed the Government to respond to the legal issues raised in the Defendants' letters b y filing a letter on the docket on or before August 30, 2021. (ECF No. 321.) Despite the Court's direction that the Government address the legal issues raised in Defendants' letters regarding their proposed pro se motionsi.e. the substan ce of the proposed pro se motionsthe letter the Government filed on August 27, 2021 addresses only Defendants' contentions that they lack access to necessary tools to prepare their defense, stating in a footnote that it "understands the Court's August 21, 2021 order to be seeking a response to the legal issues in the Defendants' letters apart from their substantive motions." (ECF No. 327 at 1 n1.) The Government is directed to respond in writing by filing a letter on the docket on or before Monday, September 13, 2021 at 9:00 AM analyzing, inter alia, whether the proposed motionsor certain categories or proposed motionsare duplicative of those already raised by counsel and addressed by the Court, without merit, or frivolous. Standby counsel are directed to serve this order on their respective pro se Defendants and to file proof of service on the docket. (Signed by Judge Nelson Stephen Roman on 9/9/2021) (ap)

  • SCHEDULING ORDER as to Nachman Helbrans, Mayer Rosner, Aron Rosner. The in-person Status Conference for the above Defendants is scheduled for September 13, 2021 at 11:00 am in Courtroom 218. In light of the recent Coronavirus Disease 2019 ("COV ID-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, t he Public may dial in to observe the proceeding, however, 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. Standby counsel are directed to provide a copy of this Order to their respective pro se Defendant and file proof of service. (Status Conference set for 9/13/2021 at 11:00 AM in Courtroom 218, 300 Quarropas Street, White Plains, NY 10601 before Judge Nelson Stephen Roman) (Signed by Judge Nelson Stephen Roman on 9/9/2021) (ap)

  • ORDER as to Nachman Helbrans (1), Mayer Rosner (2), Aron Rosner (3), Jacob Rosner (4), Matityau Moshe Malka (5), Mordechay Malka (9). At the Court's direction, the pro se Defendants through their standby counsel have filed letters setting forth , inter alia, the motions they intend to file. (ECF Nos. 316, 317, 318, 319, and 320.) The Government is directed to respond to the legal issues raised in the Defendants' letters by filing a letter on the docket on or before August 30, 2021. Standby counsel are directed to serve a copy of this order on their respective pro se Defendants and to file proof of service on the docket. SO ORDERED: (Signed by Judge Nelson Stephen Roman on 8/21/2021)(bw)

  • ORDER as to Nachman Helbrans, Mayer Rosner, Aron Rosner, Jacob Rosner, Matityau Moshe Malka, Mordechay Malka: 1. Each pro se Defendant must confer with his standby counsel on or before Wednesday, August 18, 2021, to create a list of the motions he plans to file. Standby counsel for each pro se Defendant must then file a letter with the Court on or before Friday, August 20, 2021, listing the motions that his client intends to file. 2. The Court extends the time for all pro se Defendants to file their supplemental pre-trial motions to August 31, 2021; the Government's opposition shall be filed on or before September 17, 2021; reply papers shall be filed on or before September 27, 2021. 3. The first trial in this casetrying Nach man Helbrans and Mayer Rosneris scheduled to begin on October 18, 2021 or, in the alternative, October 25, 2021, pending approval from the SDNY Trial Committee. Voir dire, request to charge, all proposed jury instructions, proposed verdict sheet, witness lists, exhibit lists, and copies of pre-marked, tabbed exhibits (in binders) shall be submitted to chambers by October 12, 2021. Any remaining 3500 materials must be turned over to Defendants on or before October 1, 2021. 4. The trial date for the next two Defendants will be May 2, 2022, or, in the alternative, May 9, 2022, pending approval from the SDNY Trial Committee. If any pro se Defendant is unable to meet any deadline(s) set forth in this order, he must in advance of the dea dline inform the Court by writing directly to the Court or through standby counsel, explaining (a) what deadline he cannot meet, (b) why he cannot meet the deadline, (c) how much additional time he needs to meet the deadline and why he needs that much time. Standby counsel are directed to serve a copy of this order on their respective pro se Defendants and to file proof of service on the docket. (Pretrial motions due by 8/31/2021. Response due by 9/17/2021. Reply due by 9/27/2021. Motions in limine due by 9/24/2021. Responses due by 10/1/2021. Replies due by 10/8/2021) (Signed by Judge Nelson Stephen Roman on 8/13/2021) (See ORDER set forth) (ap)

  • OPINION & ORDER as to Nachman Helbrans, Matityau Moshe Malka... CONCLUSION: For the foregoing reasons, the motions to suppress are DENIED. Standby counsel for Helbrans and Malka are directed to serve a copy of this Opinion and Order on their respective pro se Defendants and to file proof of service on the docket. The Clerk of Court is directed to terminate the motion at ECF No. 123. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 8/13/21)(jbo)

  • MEMO ENDORSEMENT re: (Document 301) LETTER MOTION addressed to Judge Nelson Stephen Roman from Joseph A. Vita dated July14, 2021 re: CJA interim vouchers...ENDORSEMENT...Standby Counsel's request for authority to file interim vouchers is granted. Clerk of Court requested to terminate the motion (doc. 301). (Signed by Judge Nelson Stephen Roman on 8/6/21) (jw)

  • MEMO ENDORSEMENT as to Mayer Rosner (2) granting (Document 292) LETTER MOTION addressed to Judge Nelson Stephen Roman from Susanne Brody, Esq. dated 07/09/2021 re: Request for an in Court Conference. Both pro se Defendants Nachman Helbrans (01) and Ma yer Rosner (02) informed the Court by letter, through their stand-by counsel, that they will not waive their physical appearance at the scheduled July 16, 2021 Status teleconference. Therefore, the July 16 2021 Status Conf. is adjourned until Sept. 1 3, 2021 at 11:00 am or, alternatively, Sept. 14, 2021 at 3:00 pm for an in-person Status Conf. for pro se Defendants Nachman Helbrans (01) and Mayer Rosner (02) and represented Defendant Aron Rosner (03). Stand-by counsel are directed to mail a copy of this endorsement to their respective pro se Defendant and file proof of service on the docket. (Signed by Judge Nelson Stephen Roman on 7/15/2021) (ap)

  • OPINION & ORDER as to Nachman Helbrans, Mayer Rosner, Aron Rosner, Jacob Rosner, Matityau Moshe Malka, Mordechay Malka. Defendants (1) motions to dismiss, (2) for a bill of particulars, (3) for in camera review of the grand jury minutes, and (4 ) for disclosure of the identities and statements of co-conspirators are denied with prejudice. The motions for orders directing pretrial disclosures of Brady, Giglio, 3500, and Rule 404(b) materials, and trial exhibits, demonstratives, and summary charts are denied without prejudice as moot and/or premature. The Clerk of the Court is respectfully directed to terminate the motions at ECF Nos. 120, 123, 125, 131, 135, and 146. Standby counsel are directed to serve a copy of this opinion and order on their respective pro se Defendants and to file proof of service on the docket. Dated: July 8, 2021 SO (Signed by Judge Nelson Stephen Roman on 7/8/2021) (See ORDER set forth) (ap)

  • PROTECTIVE ORDER as to Nachman Helbrans, Mayer Rosner, Aron Rosner, Jacob Rosner, Matityau Moshe Malka, Mordechay Malka...regarding procedures to be followed that shall govern the handling of confidential material..... (Signed by Judge Nelson Stephen Roman on 7/7/21)(jbo)

There are up to 25 documents per page.

Use this searchbox to search JudicialCaselaw.com for more interesting court decisions.

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

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

Share this with your network