United States v. Martinez (1:22-cr-00251)

COMPLAINT as to Rafael Martinez (1). In Violation of 18 U.S.C. 1343; 1344, 1001; 1014, 1028A; 15 U.S.C. 645 (a) (Signed by Magistrate Judge Katharine H. Parker) (dif) [1:22-mj-01988-UA] (Entered: 03/01/2022)

CONSENT TO PROCEED BY VIDEO OR TELE CONFERENCE as to Rafael Martinez.. (Signed by Magistrate Judge Katharine H. Parker on 3/1/2022)(dif) [1:22-mj-01988-UA] (Entered: 03/01/2022)

Attorney update in case as to Rafael Martinez. Attorney Joseph A. Hayden, Jr for Rafael Martinez added.. (dif) [1:22-mj-01988-UA]

Appearance Bond Entered as to Rafael Martinez: $10,000 Personal recognizance bond; To be cosigned by three financially responsible persons; Secured by four properties; Additional conditions..... (jbo) [1:22-mj-01988-UA] (Entered: 03/21/2022)

NOTICE OF ATTORNEY APPEARANCE: Telemachus Philip Kasulis appearing for Rafael Martinez. Appearance Type: Retained. (Kasulis, Telemachus) [1:22-mj-01988-UA] (Entered: 03/03/2022)

NOTICE OF ATTORNEY APPEARANCE: Randall Wade Jackson appearing for Rafael Martinez. Appearance Type: Retained. (Jackson, Randall) [1:22-mj-01988-UA] (Entered: 03/03/2022)

ENDORSED LETTER as to Rafael Martinez addressed to Magistrate Judge Katharine H. Parker from Telemachus Kasulis, Esq dated 3/8/2022 re: USA v Rafael Martinez, 22 Mag 1988. We represent Rafael Martinez in the above-captioned case and seek a one-week extension of the date by which Mr. Martinez must satisfy his outstanding bail conditions. Accordingly, we request an extension of one week to satisfy the conditions of release. Application Granted, SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 3/8/2022)(dif) [1:22-mj-01988-UA] (Entered: 03/08/2022)

ENDORSED LETTER as to Rafael Martinez addressed to Magistrate Judge Katharine H. Parker from Telemachus Kasulis, Esq dated 3/15/2022 re: USA v Rafael Martinez, 22 Mag 1988. Ms. Kasulis respectfully request an additional one-week extension of the date for which Mr. Martinez must satisfy his outstanding bail conditions. Application Granted, SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 3/15/2022)(dif) [1:22-mj-01988-UA] (Entered: 03/16/2022)

LETTER MOTION addressed to Magistrate Judge Katharine H. Parker from Telemachus P. Kasulis dated April 27, 2022 re: Permission to Travel . Document filed by Rafael Martinez. (Kasulis, Telemachus) [1:22-mj-01988-UA] (Entered: 04/27/2022)

INDICTMENT FILED as to Rafael Martinez (1) count(s) 1, 2, 3, 4, 5. (jm) (Entered: 05/02/2022)

NOTICE OF HEARING as to Rafael Martinez. An Arraignment and Initial Conference is scheduled for May 12, 2022 at 11:00 AM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman. (mf)

Minute Entry for proceedings held before Judge Lewis J. Liman: Arraignment as to Rafael Martinez (1) Count 1,2,3,4,5 held on 5/12/2022. Plea entered by Rafael Martinez Not Guilty. Defendant, Rafael Martinez (on bail) present with retained attorneys, Randall Jackson, Elkan Abramowitz, Tim Kasulis, and Michael Schachter. AUSA Micah Fergenson present. Court reporter present. The Court reminded the Government of its Brady obligations under Federal Rule of Criminal Procedure 5(f). Defendant, Rafael Martinez, arraigned on counts 1, 2, 3, 4, and 5 of indictment, waives public reading, and pleads Not Guilty to all counts of the indictment. The Government to produce all discovery within a month of today's hearing. Status Conference set for August 11, 2022 at 3:00PM in Courtroom 15C before Judge Lewis J. Liman. The Court, with consent of all parties, excludes time from May 12, 2022 until August 11, 2022 pursuant to the Speedy Trial Act, 18 U.S.C. 3161(h)(7)(A), upon a finding that the interest of justice outweighs the interest of the public and the defendant in a speedy trial, in that the time between now and August 11 will allow for the Government to produce discovery, defense counsel and defendant to review discovery, and defendant to consider potential pretrial motions. (jbo)

RULE 5(F) ORDER as to Rafael Martinez. SO ORDERED. (Signed by Judge Lewis J. Liman on 5/20/2022)(bw) (Entered: 05/20/2022)

MEMO ENDORSEMENT 20 LETTER MOTION addressed to Judge Lewis J. Liman from Telemachus P. Kasulis dated May 24, 2022 re: Modification of Bail Conditions...ENDORSEMENT...REQUEST GRANTED. The Court approves modification to Mr. Martinez's bail conditions to permit travel to the District of Massachusetts (Signed by Judge Lewis J. Liman on 5/25/22) (jw) (Entered: 05/25/2022)

PROTECTIVE ORDER as to Rafael Martinez...regarding procedures to be followed that shall govern the handling of confidential material. SO ORDERED: (Signed by Judge Lewis J. Liman on 6/9/2022)(bw) (Entered: 06/09/2022)

LETTER MOTION addressed to Judge Lewis J. Liman from Telemachus P. Kasulis dated July 12, 2022 re: Permission to Travel . Document filed by Rafael Martinez. (Kasulis, Telemachus) (Entered: 07/12/2022)

Minute Entry for proceedings held before Judge Lewis J. Liman: Status Conference as to Rafael Martinez held on 8/11/2022. Defendant, Rafael Martinez (on bail) present with retained attorneys, Tim Kasulis, Randall Jackson, and Elkan Abramowitz. AUSA Olga Zverovich present. Court reporter present. Defendant's motions due December 2, 2022. Government opposition due December 23, 2022. Defendant's reply due January 6, 2023. Motion Hearing set for January 19, 2023 at 11:00AM in Courtroom 15C before Judge Lewis J. Liman. Expert Disclosure deadline set for March 1, 2023. Requests to charge, proposed voir dire and in limine motions due by April 7, 2023. Objections to request to charge and responses to motions in limine due by April 14, 2023. Replies to motions in limine due by April 18, 2023. Daubert Motions deadline set for April 7, 2023. A Final Pretrial Conference is set for April 25, 2023 at 2:00PM in Courtroom 15C before Judge Lewis J. Liman. Jury Trial is set for May 1, 2023 at 9:00AM in Courtroom 15C before Judge Lewis J. Liman. The Court, with consent of all parties, excludes time from August 11, 2022 until May 1, 2023 pursuant to the Speedy Trial Act, 18 U.S.C. 3161(h)(7)(A), upon a finding that the interest of justice outweighs the interest of the public and the defendant in a speedy trial, in that the time between now and May 1 can be used by the defendant to consult with his counsel, defendant to prepare and file pretrial motions, parties to obtain experts, parties to prepare for trial, and parties to discuss a potential pretrial disposition. (jbo)

TRANSCRIPT of Proceedings as to Rafael Martinez re: Conference held on 8/11/22 before Judge Lewis J. Liman. Court Reporter/Transcriber: George Malinowski, (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 10/7/2022. Redacted Transcript Deadline set for 10/17/2022. Release of Transcript Restriction set for 12/15/2022. (Moya, Goretti) (Entered: 09/16/2022)

LETTER MOTION addressed to Judge Lewis J. Liman from Telemachus P. Kasulis dated September 28, 2022 re: Permission to Travel . Document filed by Rafael Martinez. (Kasulis, Telemachus) (Entered: 09/28/2022)

NOTICE OF ATTORNEY APPEARANCE: Russell Jason Feldman appearing for Rafael Martinez. Appearance Type: Retained. (Feldman, Russell) (Entered: 12/02/2022)

MEMORANDUM in Support by Rafael Martinez re 32 MOTION to Dismiss Count One of the Indictment.. (Kasulis, Telemachus) (Entered: 12/02/2022)

MEMO ENDORSEMENT as to Rafael Martinez on re: 34 LETTER MOTION filed by Rafael Martinez addressed to Judge Lewis J. Liman from Attorney Michael S. Schachter dated December 2, 2022 re: Adjournment of Trial Pending the Outcome of the U.S. Supreme Court's Decision in Dubin v. USA. ENDORSEMENT: The Government is directed to respond to the request for an adjournment of trial to July by the end of day today, December 7, 2022. SO ORDERED. ( Responses due by 12/7/2022 )(Signed by Judge Lewis J. Liman on 12/7/2022)(bw) (Entered: 12/07/2022)

MEMO ENDORSEMENT as to Rafael Martinez on 36 LETTER by USA as to Rafael Martinez addressed to Judge Lewis J. Liman from USA dated December 7, 2022 re: Trial Adjournment. ENDORSEMENT: REQUEST GRANTED. Extension granted to December 12, 2022. SO ORDERED. (Signed by Judge Lewis J. Liman on 12/8/2022) (lnl) (Entered: 12/08/2022)

MEMO ENDORSEMENT as to Rafael Martinez (1) denying 34 LETTER MOTION addressed to Judge Lewis J. Liman from Michael S. Schachter dated December 2, 2022 re: Adjournment of Trial Pending the Outcome of the U.S. Supreme Court's Decision in Dubin v. USA. ENDORSEMENT: REQUEST DENIED. The motion to adjourn the trial is denied. (Signed by Judge Lewis J. Liman on 12/13/2022) (ap) (Entered: 12/13/2022)

MEMORANDUM in Opposition by USA as to Rafael Martinez re 32 MOTION to Dismiss Count One of the Indictment.. (Fergenson, Micah) (Entered: 12/23/2022)

MEMO ENDORSEMENT 42 CONSENT LETTER MOTION addressed to Judge Lewis J. Liman from USA dated December 27, 2022 re: Adjournment of Motions Hearing...ENDORSEMENT...REQUEST GRANTED IN PART. The Motion Hearing previously set for January 19, 2023 is rescheduled to January 17, 2023 at 10:00AM in Courtroom 15C at the 500 Pearl (Signed by Judge Lewis J. Liman on 12/30/2022) (jw) (Entered: 12/30/2022)

LETTER MOTION addressed to Judge Lewis J. Liman from AUSA Katherine Reilly dated January 4, 2023 re: Requested Curcio Hearing . Document filed by USA as to Rafael Martinez. (Reilly, Katherine) (Entered: 01/04/2023)

REPLY MEMORANDUM OF LAW in Support as to Rafael Martinez re: 32 MOTION to Dismiss Count One of the Indictment. . (Kasulis, Telemachus) (Entered: 01/06/2023)

LETTER by Rafael Martinez addressed to Judge Lewis J. Liman from Telemachus P. Kasulis dated January 13, 2023 re: #47 Letter Motion addressed to Judge Lewis J. Liman from AUSA Katherine Reilly dated January 13, 2023 re: Adjournment of Oral Argument. (Kasulis, Telemachus) (Entered: 01/13/2023)

Set/Reset Hearings as to Rafael Martinez: Curcio Hearing set for 1/17/2023 at 10:00 AM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman. Oral Argument set for 2/17/2023 at 10:00 AM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman. (ap)

Minute Entry for proceedings held before Judge Lewis J. Liman: Curcio Hearing as to Rafael Martinez held on 1/17/2023. Defendant, Rafael Martinez (on bail) present with retained attorneys, Tim (Telemachus) Kasulis, Michael Schachter, and Randall Jackson. AUSA Katherine Reilly present. Court reporter present. Defendant was questioned by the Court regarding the potential conflict of interest with Willkie Farr & Gallagher LLP, and more specifically associate Steven Ballew. Defendant, Rafael Martinez, knowingly and willingly waives any claims with regards to the potential conflict of interest and willingly agrees to proceed with Willkie Farr & Gallagher LLP as counsel. The Court is satisfied with the Defendant's understanding and waiver regarding the potential conflict of interest. The Government to file a superseding indictment by January 27, 2023. Defendant's supplemental briefs regarding superseding indictment is due by February 3, 2023. Government's response briefs due by February 10, 2023. Defendant's reply briefs due by February 14, 2023 at 5:00PM. Arraignment on superseding indictment set for February 17, 2023 at 10:00AM in Courtroom 15C before Judge Lewis J. Liman. (bw)

(S1) SUPERSEDING INDICTMENT FILED as to Rafael Martinez (1) count(s) 1s, 2s, 3s, 4s, 5s. (jbo) (Entered: 01/20/2023)

LETTER by USA as to Rafael Martinez addressed to Judge Lewis J. Liman from AUSA Katherine Reilly dated February 10, 2023 re: Further Opposition to the Defendant's Motion to Dismiss Count One Document filed by USA. (Reilly, Katherine) (Entered: 02/10/2023)

TRANSCRIPT of Proceedings as to Rafael Martinez re: Conference held on 1/17/23 before Judge Lewis J. Liman. Court Reporter/Transcriber: Kelly Surina, (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 3/8/2023. Redacted Transcript Deadline set for 3/20/2023. Release of Transcript Restriction set for 5/16/2023. (Moya, Goretti) (Entered: 02/15/2023)

MEMORANDUM & ORDER as to Rafael Martinez: The motion to dismiss Count One of the Superseding Indictment is DENIED. The Clerk of Court is respectfully directed to close Dkt. No. 32. SO ORDERED. (Signed by Judge Lewis J. Liman on 2/17/2023) (lnl) (Entered: 02/17/2023)

Minute Entry for proceedings held before Judge Lewis J. Liman: Plea entered by Rafael Martinez (1) Count 1s,2s,3s,4s,5s -- Not Guilty. (bw)

NOTICE OF ATTORNEY APPEARANCE Steven John Kochevar appearing for USA. (Kochevar, Steven) (Entered: 02/27/2023)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Rafael Martinez. Notice is hereby given that an official transcript of a Conference proceeding held on 2/17/23 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.... (Moya, Goretti) (Entered: 03/01/2023)

LETTER by Rafael Martinez addressed to Judge Lewis J. Liman from Telemachus P. Kasulis dated March 7, 2023 re: Reply in Further Support of Defendant's Letter Motion Requesting a Bill of Particulars (DKT. 57) (Kasulis, Telemachus) (Entered: 03/07/2023)

NOTICE OF HEARING as to Rafael Martinez: A Change of Plea Hearing is scheduled for March 23, 2023 at 11:30 AM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman. (mf)

(S2) SUPERSEDING INFORMATION (Felony) filed as to Rafael Martinez (1) count(s) 1ss. (jm) (Entered: 03/24/2023)

Minute Entry for proceedings held before Judge Lewis J. Liman: Change of Plea as to Rafael Martinez (1) Count 1ss held on 3/23/2023. Defendant, Rafael Martinez (on bail) present with retained attorneys, Michael Schachter and Randall Jackson. AUSAs Katherine Reilly, Micah Fergenson, and Steven Kochevar present. Court reporter present. Court Exhibit #1 - Waiver of Indictment. Court Exhibit #2 - Plea Agreement. Defendant sworn, waives indictment, arraigned on Count 1 of (S2) Superseding Information, and waives public reading. Defendant withdraws previous plea of Not Guilty and enters a plea of Guilty to Count 1 of the (S2) Superseding Information. Order of forfeiture to be signed and entered by the Court. Defendant's bail continued, conditions of release to remain as previously set. PSI ordered, interview must be held with defense counsel present. Sentencing set for July 11, 2023 at 12:00PM in Courtroom 15C at the 500 Pearl Street Courthouse before Judge Lewis J. Liman. (bw)

Order of Referral to Probation for Presentence Investigation and Report as to Rafael Martinez. (By Judge Lewis J. Liman on 3/23/2023) (bw)

Terminate Deadlines and Hearings as to Rafael Martinez: Final Pretrial Conference. (mf)

TRANSCRIPT of Proceedings as to Rafael Martinez re: Plea held on 3/23/23 before Judge Lewis J. Liman. Court Reporter/Transcriber: Sharonda Jones, (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 5/12/2023. Redacted Transcript Deadline set for 5/22/2023. Release of Transcript Restriction set for 7/20/2023. (Moya, Goretti) (Entered: 04/21/2023)