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United States District Court
Northern District of Illinois - CM/ECF LIVE, Ver 2.4 (Chicago)
CRIMINAL DOCKET FOR CASE #: 1:04-cr-00921-ALL

Case title: USA v. Tomczak, et al
Date Filed: 12/16/2004
Assigned to: Honorable Samuel Der-Yeghiayan

Defendant
John E Cannatello (8)

Pending Counts		  
Disposition
FRAUDS AND SWINDLES
(8)		    
FRAUDS AND SWINDLES
(9)		    

Highest Offense Level (Opening)
Felony

Terminated Counts		  
Disposition
None

Highest Offense Level (Terminated)
None

Complaints		  
Disposition
None
Assigned to: Honorable Samuel Der-Yeghiayan

Defendant
Nicola A Cannatello (9) represented by Terrence P LeFevour
Law Offices of Terrence P. LeFevour
221 North LaSalle Street
Suite 3800
Chicago, IL 60601
(312) 782-1983
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Keith Allan Spielfogel
Attorney at Law
20 North Clark Street
Suite 1200
Chicago, IL 60602
(312) 236-6021
Email: spielfogel@sbcglobal.net
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts		  
Disposition
FRAUDS AND SWINDLES
(9)		    
STATEMENTS OR ENTRIES GENERALLY
(18)		    

Highest Offense Level (Opening)
Felony

Terminated Counts		  
Disposition
None

Highest Offense Level (Terminated)
None

Complaints		  
Disposition
None
Assigned to: Honorable Samuel Der-Yeghiayan

Defendant
Richard A Coveliers (10) represented by James A Graham
Attorney of Law
53 West Jackson
Suite 1150
Chicago, Il 60604
(312)922-3777
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts		  
Disposition
FRAUDS AND SWINDLES
(6)		    
STATEMENTS OR ENTRIES GENERALLY
(19)		    

Highest Offense Level (Opening)
Felony

Terminated Counts		  
Disposition
None

Highest Offense Level (Terminated)
None

Complaints		  
Disposition
None
Assigned to: Honorable Samuel Der-Yeghiayan

Defendant
Debra J Coveliers (11) represented by James A Graham
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Pending Counts		  
Disposition
INTIMIDATION OR FORCE AGAINST WITNESS
(16)		    

Highest Offense Level (Opening)
Felony

Terminated Counts		  
Disposition
None

Highest Offense Level (Terminated)
None

Complaints		  
Disposition
None
Assigned to: Honorable Samuel Der-Yeghiayan

Defendant
Richard P Rylewicz (12) represented by James I. Marcus
Williams & Marcus, Ltd.
33 North LaSalle Street
37th Floor
Chicago, IL 60602
(312) 782-9400
ATTORNEY TO BE NOTICED

Pending Counts		  
Disposition
FRAUDS AND SWINDLES
(7)		    
CONVERTS TO OWN USE PROPERTY OF ANOTHER
(13)		    
STATEMENTS OR ENTRIES GENERALLY
(21-22)		    

Highest Offense Level (Opening)
Felony

Terminated Counts		  
Disposition
None

Highest Offense Level (Terminated)
None

Complaints		  
Disposition
None
Assigned to: Honorable Samuel Der-Yeghiayan

Defendant
Charles M Romano (13) represented by Daniel H. Wolff
Turner & Wolff
1021 West Adams
Chicago, IL 60607
(312) 829-2464
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts		  
Disposition
FRAUDS AND SWINDLES
(7)		    
STATEMENTS OR ENTRIES GENERALLY
(23)		    

Highest Offense Level (Opening)
Felony

Terminated Counts		  
Disposition
None

Highest Offense Level (Terminated)
None

Complaints		  
Disposition
None
Assigned to: Honorable Samuel Der-Yeghiayan

Defendant
Joan Policky (14) represented by James I. Marcus
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts		  
Disposition
FRAUDS AND SWINDLES
(7)		    
CONVERTS TO OWN USE PROPERTY OF ANOTHER
(13)		    
STATEMENTS OR ENTRIES GENERALLY
(20)		    

Highest Offense Level (Opening)
Felony

Terminated Counts		  
Disposition
None

Highest Offense Level (Terminated)
None

Complaints		  
Disposition
None
Assigned to: Honorable Samuel Der-Yeghiayan

Defendant
Donald S Tomczak (1) represented by Patrick John Cotter
Arnstein & Lehr
120 South Riverside Plaza
Suite 1200
Chicago, IL 60606-3913
(312) 876-7100
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Patrick Alan Tuite
Arnstein & Lehr
120 South Riverside Plaza
Suite 1200
Chicago, IL 60606-3913
(312) 876-7100
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Ronald David Menaker
Arnstein & Lehr
120 South Riverside Plaza
Suite 1200
Chicago, IL 60606-3913
(312) 876-7100
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts		  
Disposition
18:1962-9992.F INTIMIDATION OF WITNESSES, JURORS, ETC.
(1)		    
INTIMIDATION OF WITNESSES, JURORS, ETC.
(1s)		    
18:1341.F, 18:1346.F, 18:2 FRAUDS AND SWINDLES; AIDING & ABETTING
(2-3)		    
FRAUDS AND SWINDLES
(2s-8s)		    
18:1341.F, 18:1346.f, 18:2 FRAUDS AND SWINDLES; AIDING & ABETTING
(4)		    
18:1341.F, 18:1346.F, 18:2 FRAUDS AND SWINDLES; AIDING & ABETTING
(5)		    
18:1341.F, 18:1346.F, 18:2 FRAUDS AND SWINDLES; AIDING & ABETTING
(6)		    
18:1341.F, 18:1346.F, 18:2 FRAUDS AND SWINDLES; AIDING & ABETTING
(7)		    
18:666A.F CONVERTS TO OWN USE PROPERTY OF ANOTHER
(8)		    
18:1503.F INFLUENCE/INJURING OFFICER/JUROR/WITNESS; 18:2 AIDING & ABETTING
(10)		    
FRAUDS AND SWINDLES
(10s)		    
18:1512B.F INTIMIDATION OR FORCE AGAINST WITNESS; 18:2 AIDING & ABETTING
(11)		    
CONVERTS TO OWN USE PROPERTY OF ANOTHER
(11s)		    
INFLUENCE/INJURING OFFICER/JUROR/WITNESS
(14s)		    
INTIMIDATION OR FORCE AGAINST WITNESS
(15s)		    
DECLARE UNDER PENALTY OF PERJURY
(24s-25s)		    
DECLARE UNDER PENALTY OF PERJURY
(26s)		    
DECLARE UNDER PENALTY OF PERJURY
(27s)		    

Highest Offense Level (Opening)
Felony

Terminated Counts		  
Disposition
None

Highest Offense Level (Terminated)
None

Complaints		  
Disposition
18:1341, 1346, 2 fraud, aid and abet.    
Assigned to: Honorable Samuel Der-Yeghiayan

Defendant
Gerald J Wesolowski (2) represented by Anthony J. Onesto
Anthony J. Onesto & Associates, Ltd.
6832 West North Avenue
Chicago, IL 60635
(312) 889-1200
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts		  
Disposition
18:1962-9992.F INTIMIDATION OF WITNESSES, JURORS, ETC.
(1)		    
INTIMIDATION OF WITNESSES, JURORS, ETC.
(1s)		    
18:1341.F, 18:1346.F, 18:2 FRAUDS AND SWINDLES; AIDING & ABETTING
(2-3)		    
FRAUDS AND SWINDLES
(2s)		    
FRAUDS AND SWINDLES
(6s-7s)		    
18:666A.F CONVERTS TO OWN USE PROPERTY OF ANOTHER
(8)		    
18:1503.F INFLUENCE/INJURING OFFICER/JUROR/WITNESS; 18:2 AIDING & ABETTING
(10)		    
18:1512B.F INTIMIDATION OR FORCE AGAINST WITNESS; 18:2 AIDING & ABETTING
(11)		    
CONVERTS TO OWN USE PROPERTY OF ANOTHER
(11s)		    
INFLUENCE/INJURING OFFICER/JUROR/WITNESS
(14s)		    
INTIMIDATION OR FORCE AGAINST WITNESS
(15s)		    

Highest Offense Level (Opening)
Felony

Terminated Counts		  
Disposition
None

Highest Offense Level (Terminated)
None

Complaints		  
Disposition
None
Assigned to: Honorable Samuel Der-Yeghiayan

Defendant
Roger E McMahon (3) represented by Irving B. Miller
l20 S. Riverside Plaza
Suite 2150
Chicago, Il 60606-3910
(312)207-1700
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts		  
Disposition
FRAUDS AND SWINDLES
(3s)		    
18:1341.F, 18:1346.f, 18:2 FRAUDS AND SWINDLES; AIDING & ABETTING
(4)		    

Highest Offense Level (Opening)
Felony

Terminated Counts		  
Disposition
None

Highest Offense Level (Terminated)
None

Complaints		  
Disposition
None
Assigned to: Honorable Samuel Der-Yeghiayan

Defendant
Flenory S Barnes, Sr (4) represented by Walter Jones, Jr.
Pugh, Jones, Johnson & Quandt,P.C.
180 North LaSalle Street
Suite 3400
Chicago, IL 60601-2700
(312) 551-1002
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Stephen H. Pugh
Pugh, Jones, Johnson & Quandt,P.C.
180 North LaSalle Street
Suite 3400
Chicago, IL 60601-2700
(312) 551-1002
ATTORNEY TO BE NOTICED

Tiffany Mary Ferguson
Pugh, Jones, Johnson & Quandt,P.C.
180 North LaSalle Street
Suite 3400
Chicago, IL 60601-2700
(312) 551-1002
ATTORNEY TO BE NOTICED

Pending Counts		  
Disposition
FRAUDS AND SWINDLES
(4s)		    
18:1341.F, 18:1346.F, 18:2 FRAUDS AND SWINDLES; AIDING & ABETTING
(5)		    

Highest Offense Level (Opening)
Felony

Terminated Counts		  
Disposition
None

Highest Offense Level (Terminated)
None

Complaints		  
Disposition
None
Assigned to: Honorable Samuel Der-Yeghiayan

Defendant
Joseph S Ignoffo (5) represented by George B. Collins
Collins & Bargione
One North LaSalle Street
Suite 2235
Chicago, IL 60602
(312) 372-7813
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts		  
Disposition
FRAUDS AND SWINDLES
(3s)		    
18:1341.F, 18:1346.f, 18:2 FRAUDS AND SWINDLES; AIDING & ABETTING
(4)		    

Highest Offense Level (Opening)
Felony

Terminated Counts		  
Disposition
None

Highest Offense Level (Terminated)
None

Complaints		  
Disposition
None
Assigned to: Honorable Samuel Der-Yeghiayan

Defendant
Leroy S Peters (6) represented by William Franklin Marutzky
Freeborn & Peters LLP
311 South Wacker Drive
Suite 3000
Chicago, IL 60606-6677
(312) 360-6485
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts		  
Disposition
FRAUDS AND SWINDLES
(4s)		    
18:1341.F, 18:1346.F, 18:2 FRAUDS AND SWINDLES; AIDING & ABETTING
(5)		    
18:666A.F CONVERTS TO OWN USE PROPERTY OF ANOTHER
(9)		    
CONVERTS TO OWN USE PROPERTY OF ANOTHER
(12s)		    

Highest Offense Level (Opening)
Felony

Terminated Counts		  
Disposition
None

Highest Offense Level (Terminated)
None

Complaints		  
Disposition
None
Assigned to: Honorable Samuel Der-Yeghiayan

Defendant
Commelie R Peters (7) represented by William H. Hooks
Hooks Law Offices, P.C.
29 South LaSalle Street
Suite 333
Chicago, IL 60603
(312) 553-5252
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts		  
Disposition
FRAUDS AND SWINDLES
(5s)		    
18:1341.F, 18:1346.F, 18:2 FRAUDS AND SWINDLES; AIDING & ABETTING
(6)		    
18:666A.F CONVERTS TO OWN USE PROPERTY OF ANOTHER
(9)		    
18:1623.F FALSE DECLARATIONS BEFORE GRAND JURY/COURT
(12)		    
CONVERTS TO OWN USE PROPERTY OF ANOTHER
(12s)		    
FALSE DECLARATIONS BEFORE GRAND JURY/COURT
(17s)		    

Highest Offense Level (Opening)
Felony

Terminated Counts		  
Disposition
None

Highest Offense Level (Terminated)
None

Complaints		  
Disposition
None

Plaintiff
United States of America represented by Pretrial Services
.
435-5545
Email: ilnptdb_Court_Action_Notice@ilnpt.uscourts.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Probation Department
.
408-5197
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Patrick M. Collins
United States Attorney's Office
219 South Dearborn Street
Suite 500
Chicago, IL 60604
(312) 353-5300
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

Date Filed

#

Docket Text
10/19/2004 1 COMPLAINT Hon. Arlander Keys (emd) (Entered: 12/02/2004)
10/19/2004 2 MOTION by USA to seal file (emd) (Entered: 12/02/2004)
10/19/2004 6 ORDER as to Donald S Tomczak (emd) (Entered: 12/02/2004)
10/21/2004   DEFENDANT Donald S Tomczak arrested (emd) (Entered: 12/02/2004)
10/21/2004 3 MINUTE ORDER of 10/21/04 by Hon. Arlander Keys as to Donald S Tomczak : Initial appearance proceedings of Donald S Tomczak held. Defendant appears in response to arrest on 10/21/04. The defendant is informed of his rights. Patrick Tuite files his appearance as counsel for defendant. Preliminary examination set for 11/12/04 at 9:30am. The defendant is granted an extension of time to 10/29/04 in which to post the quit claim deed to the property at 100 E. Walton, Unit 25B as discussed in open court. The defendant is ordered released. Mailed notice (emd) (Entered: 12/02/2004)
10/21/2004 4 ORDER by Hon. Arlander Keys setting conditions of release for Donald S Tomczak. Report to Pretrial Services: yes (For further detail see order.) (emd) (Entered: 12/02/2004)
10/21/2004 5 BOND ( $25,000.00 secured by quit claim deed; Receipt # 1079629) by Donald S Tomczak (emd) Modified on 12/02/2004 (Entered: 12/02/2004)
10/29/2004 7 AMENDED order by Donald S Tomczak setting conditions of release. (emd) (Entered: 12/02/2004)
11/10/2004 8 ARREST Warrant returned executed as to Donald S Tomczak 10/21/04 (emd) (Entered: 12/02/2004)
11/12/2004 9 AGREED MOTION by Donald S Tomczak to amend conditions of release; (Attachment) Notice. (emd) (Entered: 12/02/2004)
11/12/2004 10 MINUTE ORDER of 11/12/04 by Hon. Arlander Keys as to Donald S Tomczak : The quit claim deed to the property at 100 E. Walton, Unit 25B & C is ordered released to the defendant and instead the defendant will file with the Clerk of the Court a quit claim deed on the property at 2971 South Loomis, Chicago, Illinois and enter into a forfeiture agreement with respect to that same property. (Entered Agreed Order) Mailed notice (emd) (Entered: 12/02/2004)
11/29/2004 11 APPEARANCE of Attorney for Donald S Tomczak by Patrick Alan Tuite (emd) (Entered: 12/02/2004)
12/01/2004 12 MINUTE ORDER of 12/1/04 by Hon. Arlander Keys as to Donald S Tomczak : The seal in this case having expired on 11/19/04 this case is hereby ordered unsealed. Mailed notice (emd) (Entered: 12/02/2004)
12/16/2004 13 INDICTMENT before Hon. Samuel Der-Yeghiayan Counts filed against Donald S Tomczak (1) count(s) 1, 2-3, 4, 5, 6, 7, 8, 10, 11, Gerald J Wesolowski (2) count(s) 1, 2-3, 8, 10, 11, Roger E McMahon (3) count(s) 4, Flenory S Barnes (4) count(s) 5, Joseph S Ignoffo (5) count(s) 4, Leroy S Peters (6) count(s) 5, 9, Commelie R Peters (7) count(s) 6, 9, 12 with forfeiture and sentencing allegations (meg) (Entered: 12/17/2004)
12/16/2004 14 DESIGNATION SHEET FELONY Category III (meg) (Entered: 12/17/2004)
12/16/2004 15 MINUTE ORDER of 12/16/04 by Hon. Morton Denlow as to Donald S Tomczak, Gerald J Wesolowski, Roger E McMahon, Flenory S Barnes Sr, Joseph S Ignoffo, Leroy S Peters, Commelie R Peters : Bond set by magistrate in 04 CR 921 to stand as bond in this instance as to Donald Tomczak. Bond set by magistrate in 04 CR 864 to stand as bond in this instance as to Gerald Wesolowski. Bond set by magistrate in 04 CR 832 to stand as bond in this instance as to Roger McMahon. Complaint was filed under seal. Bond set in 04 CR 909 to stand as bond in this instance as to Joseph Ignoffo. To set preliminary bail at $4,500.00 and that defendants be allowed to sign own recognizance bond as to Flenory Barnes, Leroy Peters, and Commelie Peters. No notice (meg) (Entered: 12/17/2004)
12/16/2004 16 ARRAIGNMENT NOTICE: Before Hon. Samuel Der-Yeghiayan as to Donald S Tomczak, Gerald J Wesolowski, Roger E McMahon, Flenory S Barnes sr, Joseph S Ignoffo, Leroy S Peters, Commelie R Peters : Arraignment and plea set on Tuesday, 1/4/05 at 10:00 a.m. Mailed notice (meg) (Entered: 12/17/2004)
12/21/2004 17 MINUTE ORDER of 12/21/04 by Hon. Samuel Der-Yeghiayan as to Roger E McMahon : Defendant Roger McMahon's request to continue the arraignment and plea set for 1/4/05 is granted by agreement. Arraignment and plea reset to 1/10/05 at 10:00 a.m. Mailed notice (meg) (Entered: 12/22/2004)
01/04/2005 18 ORDER by Hon. Samuel Der-Yeghiayan setting conditions of release for Flenory S Barnes sr in the amount of $4,500.00 (Own Recognizance). Report to Pretrial Services: as directed. (For further detail see order.) (meg) (Entered: 01/04/2005)
01/04/2005 19 BOND ( $4,500.00 (Own Recognizance)) by Flenory S Barnes sr (meg) (Entered: 01/04/2005)
01/04/2005 20 ORDER by Hon. Samuel Der-Yeghiayan setting conditions of release for Leroy S Peters in the amount of $4,500.00 (Own Recognizance). Report to Pretrial Services: as directed. (For further detail see order.) (meg) (Entered: 01/04/2005)
01/04/2005 21 BOND ( $4,500.00 (Own Recognizance)) by Leroy S Peters (meg) (Entered: 01/04/2005)
01/04/2005 22 ORDER by Hon. Samuel Der-Yeghiayan setting conditions of release for Commelie R Peters in the amount of $4,500.00 (Own Recognizance) Report to Pretrial Services: as directed. (For further detail see order.) (meg) (Entered: 01/04/2005)
01/04/2005 23 BOND ( $4,500.00 (Own Recognizance)) by Commelie R Peters (meg) (Entered: 01/04/2005)
01/04/2005 24 APPEARANCE of Attorney for Leroy S Peters by William Franklin Marutzky (meg) (Entered: 01/04/2005)
01/04/2005   ORAL MOTION by USA for early return of trial subpoenas as to defendant Donald S Tomczak (meg) Modified on 01/05/2005 (Entered: 01/05/2005)
01/04/2005 25 MINUTE ORDER of 1/4/05 by Hon. Samuel Der-Yeghiayan as to Donald S Tomczak : Arraignment held. Defendant informed of his rights. Defendant pleads not guilty to each charge of each count of the Indictment. Rule 16.1A conference to be held by 1/18/05. Pretrial motions to be filed by 3/21/05. Responses to the pretrial motions are to be filed by 4/4/05. Status hearing set for 4/12/05 at 10:30 a.m. In the interest of juistice, the Government's request to exclude time through and including 4/12/05 is granted without objectin pursuant to 18 U.S.C. 3161(h)(8)(A)(B). The Government's oral motion for early return of trial subpoenas is granted [0-1] without objection. Conditions of release are to stand. Mailed notice (meg) (Entered: 01/05/2005)
01/04/2005 26 APPEARANCE of Attorney for Donald S Tomczak by Patrick John Cotter (meg) (Entered: 01/05/2005)
01/04/2005 27 APPEARANCE of Attorney for Gerald J Wesolowski by Anthony J. Onesto (meg) (Entered: 01/05/2005)
01/04/2005 28 APPEARANCE of Attorney for Flenory S Barnes Sr by Walter Jones Jr. (meg) (Entered: 01/05/2005)
01/04/2005 29 APPEARANCE of Attorney for Flenory S Barnes Sr by Stephen H. Pugh, Tiffany Mary Ferguson (meg) (Entered: 01/05/2005)
01/04/2005 30 APPEARANCE of Attorney for Joseph S Ignoffo by George B. Collins (meg) (Entered: 01/05/2005)
01/04/2005 31 APPEARANCE of Attorney for Commelie R Peters by William H. Hooks (meg) (Entered: 01/05/2005)
01/04/2005   ORAL MOTION by USA for early return of trial subpoenas as to defendants (meg) (Entered: 01/05/2005)
01/04/2005 32 MINUTE ORDER of 1/4/05 by Hon. Samuel Der-Yeghiayan as to Gerald J Wesolowski, Flenory S Barnes Sr, Joseph S Ignoffo, Leroy S Peters, Commelie R Peters : Arraignment held. Defendants informed of their rights. Defendants plead not guilty to each charge of each count of the Indictment. Rule 16.1A conference to be held by 1/18/05. Pretrial motions to be filed by 3/21/05. Responses to the pretrial motions are to be filed by 4/4/05. Status hearing set for 4/12/05 at 10:30 a.m. In the interest of justice, the Government's request to exclude time through and including 4/12/05 is granted without objection pursuant to 18 U.S.C. 3161(y)(8)(A)(B). The Government's oral motion for early return of trial subpoenas is granted [0-1] without objection. The Government and defendants agree on condition of release. Enter Orders Setting Conditions of Release. Defendants are ordered released after processing. Mailed notice (meg) (Entered: 01/05/2005)
01/04/2005 33 ORDER by Hon. Samuel Der-Yeghiayan setting conditions of release for Gerald J Wesolowski in the amount of $25,000.00 (Secured by quit claim deed). Report to Pretrial Services: as directed. (For further detail see order.) (meg) (Entered: 01/05/2005)
01/04/2005 34 ORDER by Hon. Samuel Der-Yeghiayan setting conditions of release for Joseph S Ignoffo in the amount of $4,500.00 (Own Recognizance). Report to Pretrial Services: as directed. (For further detail see order.) (meg) (Entered: 01/05/2005)
01/05/2005 39 APPEARANCE of Attorney for Commelie R Peters by William H. Hooks (meg) (Entered: 01/11/2005)
01/10/2005 35 ORDER by Hon. Samuel Der-Yeghiayan setting conditions of release for Roger E McMahon in the amount of $4,500.00 (Own Recognizance). Report to Pretrial Services: as directed. (For further detail see order.) (meg) (Entered: 01/10/2005)
01/10/2005 36 BOND ( $4,500.00 (Own Recognizance)) by Roger E McMahon (meg) (Entered: 01/10/2005)
01/10/2005 37 MINUTE ORDER of 1/10/05 by Hon. Samuel Der-Yeghiayan as to Roger E McMahon : Arraignment held. Defendant appeared and plead not guilt to each charge of each count of the Indictment. Rule 16.1A conference to be held by 1/18/05. Pretrial motions to be filed by 3/21/05. Responses to the pretrial motions are to be filed by 4/4/05. Status hearing set for 4/12/05 at 10:30 a.m. In the interest of justice, the Government's request to exclude time through and including 4/12/05 is granted without objection pursuant to 18 U.S.C. 3161(h)(8)(A)(B). The Government and defendant agree on conditions of release. Enter Orders Setting Conditions of Release. Defendant is ordered released after processing. Mailed notice (meg) (Entered: 01/11/2005)
01/10/2005 38 APPEARANCE of Attorney for Roger E McMahon by Irving B. Miller (meg) (Entered: 01/11/2005)
01/11/2005 40 APPEARANCE of Attorney for Donald S Tomczak by Ronald David Menaker (meg) (Entered: 01/11/2005)
01/11/2005 41 CONSENT to modify conditions of release by Hon. Samuel Der-Yeghiayan as to defendant Flenory S Barnes Sr (meg) (Entered: 01/12/2005)
01/11/2005 42 CONSENT to modify conditions of release by Hon. Samuel Der-Yeghiayan as to defendant Leroy S Peters (meg) (Entered: 01/12/2005)
01/11/2005 43 CONSENT to modify conditions of release by Hon. Samuel Der-Yeghiayan as to defendant Commelie R Peters (meg) (Entered: 01/12/2005)
01/18/2005 44 CONSENT to Modify Conditions of Release as to Joseph S Ignoffo Signed by Judge Samuel Der-Yeghiayan on 1/18/05. (meg, ) (Entered: 01/24/2005)
02/24/2005 45 SUPERSEDING INDICTMENT as to Donald S Tomczak (1) count(s) 1s, 2s-8s, 10s, 11s, 14s, 15s, 24s-27s, Gerald J Wesolowski (2) count(s) 1s, 2s, 6s-7s, 11s, 14s, 15s, Roger E McMahon (3) count(s) 3s, Flenory S Barnes, Sr (4) count(s) 4s, Joseph S Ignoffo (5) count(s) 3s, Leroy S Peters (6) count(s) 4s, 12s, Commelie R Peters (7) count(s) 5s, 12s, 17s, John E Cannatello (8) count(s) 8-9, Nicola A Cannatello (9) count(s) 9, 18, Richard A Coveliers (10) count(s) 6, 19, Debra J Coveliers (11) count(s) 16, Richard P Rylewicz (12) count(s) 7, 13, 21-22, Charles M Romano (13) count(s) 7, 23, Joan Policky (14) count(s) 7, 13, 20 with forfeiture allegations one & two (meg, ) (Entered: 02/28/2005)
02/24/2005 46 DESIGNATION Sheet: FELONY (Category II). (meg, ) (Entered: 02/28/2005)
02/24/2005 47 MINUTE entry before Judge Geraldine Soat Brown as to Don S. Tomczak, Etal.: Bond set in 04 CR 921 to stand as bond in this instance as to Donal Tomczak, Gerald Wesolowski, Roger McMahon, Flenory Barnes, Joseph Ignoffo, Leroy Peters, and Commelie Peters. To set preliminary bail at $4,500.00 and that defendants be allowed to sign own recognizance bond as to John Cannatello, Nicola Cannatello, Richard Coveliers, Deborah Coveliers, Richard Rylewicz, Charles Romano and Joan Policky. No notice (meg, ) (Entered: 02/28/2005)
02/25/2005 48 MINUTE entry before Judge Samuel Der-Yeghiayan as to Donald Tomczak, Gerald Wesolowski, Roger McMahon, Flenory Barnes,Sr., Joseph Ignoffo, Leroy Peters, Commelie Peters, John Cannatello, Nicola Cannatello, Richard Coveliers, Debra Coveliers, Richard Rylewicz, Charles Romano and Joan Policky: Arraignment and plea on the Government's Superseding Indictment as to defendants' Donald Tomczak, Gerald Wesolowski, Roger McMahon, Flenory Barnes, Sr., Joseph Ignoffo, Leroy Peters, Commelie Peters, John Cannatello, Nicola Cannatello, Richard Coveliers, Debra Coveliers, Richard Rylewicz, Charles Romano and Joan Policky set for 3/7/2005 at 11:00 a.m. Mailed notice (meg, ) (Entered: 02/28/2005)
02/25/2005 49 NOTICE of Arraignment as to John E Cannatello, Nicola A Cannatello, Richard A Coveliers, Debra J Coveliers, Richard P Rylewicz, Charles M Romano, Joan Policky before Honorable Samuel Der-Yeghiayan on 3/7/2005 at 11:00 AM. (meg, ) (Entered: 02/28/2005)
03/07/2005   ORAL MOTION by United States of America for a protective order as to Donald S Tomczak, Flenory S Barnes, Sr, Joseph S Ignoffo, Leroy S Peters, Commelie R Peters (meg, ) (Entered: 03/08/2005)
03/07/2005 50 MINUTE entry before Judge Samuel Der-Yeghiayan as to Donald Tomczak, Gerald Wesolowski, Flenory Barnes, Sr. Joseph Ignoffo, Leroy, Commelie Peters: Arraignment held. Defendants informed of their rights. Defendants plead not guilty to each charge of the superseding indictment. Rule 16.1A Conference to be held by 3/14/2005. Pretrial motions to be filed by 4/13/2005. Responses to the pretrial motions are to be filed by 4/27/05. Status hearing set for 5/4/2005 at 12:00 p.m. As stated on the record, defendants' appearance at the 5/4/05 status hearing are hereby waived. The Government's request to exclude time, through and including 5/4/05, in the interest of justice is granted pursuant to 18 U.S.C. 3161(h)(8)(A)(B) without objection. The Government's oral motion for protective order is entered and continued. Counsel shall meet and confer to discuss the issues of the protective order. Conditions of Release are to stand. Defendants Tomczak and Wesolowski's Conditions of Release are amended as stated on the record without objection. Status hearing set for 4/12/05 is stricken. Jury trial is tentatively scheduled to begin on 7/11/05 at 9:30 a.m. Mailed notice (meg, ) (Entered: 03/08/2005)
03/07/2005   ORAL MOTION by United States of America for a protective order as to John E Cannatello, Nicola A Cannatello, Richard A Coveliers, Debra J Coveliers, Richard P Rylewicz, Charles M Romano, Joan Policky (meg, ) (Entered: 03/08/2005)
03/07/2005 51 MINUTE entry before Judge Samuel Der-Yeghiayan as to John Cannatello; Nicola Cannatello, Richard Coveliers, Debra Coveliers, Richard Rylewicz, Charles Romano, Joan Policky: Arraignment held. Defendants informed of their rights. Defendants plead not guilty to each charge of each count of the Superseding Indictment. Rule 16.1A Conference to be held by 3/14/2005. Pretrial motions to be filed by 4/13/2005. Responses to the pretrial motions are to be filed by 4/27/05. Status hearing set for 5/4/2005 at 12:00 p.m. As stated on the record, defendants' appearances at the 5/4/05 status hearing are hereby waived. The Government's request to exclude time, through and including 5/4/05, in the interest of justice is granted pursuant to 18 U.S.C. 3161(h)(8)(A)(B) without objection. The Government's oral motion for a protective order is entered and continued. Counsel shall meet and confer to discuss the issues of the protective order. Jury trial is tentatively scheduled to begin on 7/11/05 at 9:30 a.m. The government and defendants agree on conditions of release. Enter Order Setting Conditions of Release. Defendants are ordered released after processing. Mailed notice (meg, ) (Entered: 03/08/2005)
03/07/2005 52 MINUTE entry before Judge Samuel Der-Yeghiayan as to Roger McMahon: Arraignment and plea reset for 3/8/2005 at 01:30 p.m. Defendant McMahon failed to appear for arraignment and plea on 3/7/05. Mailed notice (meg, ) (Entered: 03/08/2005)
03/07/2005 53 ATTORNEY Appearance for defendant Joan Policky by James I. Marcus (meg, ) (Entered: 03/09/2005)
03/07/2005 54 ATTORNEY Appearance for defendant Charles M Romano by Daniel H. Wolff (meg, ) (Entered: 03/09/2005)
03/07/2005 55 ATTORNEY Appearance for defendant Richard P Rylewicz by James I. Marcus (meg, ) (Entered: 03/09/2005)
03/07/2005 56 ATTORNEY Appearance for defendant Nicola A Cannatello by Keith Allan Spielfogel, Terrence P LeFevour (meg, ) (Entered: 03/09/2005)
03/07/2005 57 ORDER Setting Conditions of Release as to John E Cannatello (8) $4,500.00 (Own Recognizance) Signed by Judge Samuel Der-Yeghiayan on 3/7/05. Mailed notice (meg, ) (Entered: 03/09/2005)
03/07/2005 58 ORDER Setting Conditions of Release as to Nicola A Cannatello (9) $4,500.00 (Own Recognizance) Signed by Judge Samuel Der-Yeghiayan on 3/7/05. Mailed notice (meg, ) (Entered: 03/09/2005)
03/07/2005 59 OWN RECOGNIZANCE Bond as to Nicola A Cannatello in amount of $ $4,500.00, (meg, ) (Entered: 03/09/2005)
03/07/2005 60 ORDER Setting Conditions of Release as to Richard A Coveliers (10) $4,500.00 Own Recognizance Signed by Judge Samuel Der-Yeghiayan on 3/7/05. Mailed notice (meg, ) (Entered: 03/09/2005)
03/07/2005 61 OWN RECOGNIZANCE Bond as to Richard A Coveliers in amount of $ $4,500.00, (meg, ) (Entered: 03/09/2005)
03/07/2005 62 ORDER Setting Conditions of Release as to Debra J Coveliers (11) $4,500.00 (Own Recognizance) Signed by Judge Samuel Der-Yeghiayan on 3/7/05. Mailed notice (meg, ) (Entered: 03/09/2005)
03/07/2005 63 OWN RECOGNIZANCE Bond as to Debra J Coveliers in amount of $ $4,500.00, (meg, ) (Entered: 03/09/2005)
03/07/2005 64 ORDER Setting Conditions of Release as to Richard P Rylewicz (12) $4,500.00 (Own Recognizance) Signed by Judge Samuel Der-Yeghiayan on 3/7/05. Mailed notice (meg, ) (Entered: 03/09/2005)
03/07/2005 65 OWN RECOGNIZANCE Bond as to Richard P Rylewicz in amount of $ $4,500.00, (meg, ) (Entered: 03/09/2005)
03/07/2005 66 ORDER Setting Conditions of Release as to Charles M Romano (13) $4,500.00 (Own Recognizance) Signed by Judge Samuel Der-Yeghiayan on 3/7/05. Mailed notice (meg, ) (Entered: 03/09/2005)
03/07/2005 67 OWN RECOGNIZANCE Bond as to Charles M Romano in amount of $ $4,500.00, (meg, ) (Entered: 03/09/2005)
03/07/2005 68 RESPONSE by United States of America to defendant Wesolowski's notice of request for discovery pursuant to Rule 16.1; Noitce (meg, ) (Entered: 03/09/2005)
03/07/2005 69 ORDER Setting Conditions of Release as to Joan Policky (14) $4,500.00 (Own Recognizance) Signed by Judge Samuel Der-Yeghiayan on 3/7/05. Mailed notice (meg, ) (Entered: 03/09/2005)
03/07/2005 70 OWN RECOGNIZANCE Bond as to Joan Policky in amount of $ $4,500.00, (meg, ) (Entered: 03/09/2005)
03/07/2005 72 ATTORNEY Appearance for defendant Richard A Coveliers by James A Graham (emd, ) (Entered: 03/10/2005)
03/07/2005 73 ATTORNEY Appearance for defendant Debra J Coveliers by James A Graham (emd, ) (Entered: 03/10/2005)
03/08/2005 71 MINUTE entry before Judge Samuel Der-Yeghiayan : Arraignment as to Roger E McMahon held. Defendant informed of his rights. Defendant pleads not guilty to each charge of each count of the Superseding Indictment. Rule 16.1A Conference to be held by 3/14/2005. Pretrial Motions to be filed 4/13/2005. Responses to the pretrial motions are to be filed by 4/27/05. Status hearing set for 5/4/05 at 12:00pm defendant's appearance at the 5/4/05 status hearing is hereby waived. The Government's request to exclude time, through and including 5/4/05 in the interest of justice is granted pursuant to 18 USC 3161(h)(8)(A)(B) without objection. Conditions of Release are to stand. Status hearing set for 4/12/05 is stricken. Jury trial is tentatively scheduled to begin on 7/11/05 at 9:30am. Mailed notice (emd, ) (Entered: 03/09/2005)
03/08/2005 74 NOTICE by William Franklin Marutzky of Change of Address (meg, ) (Entered: 03/11/2005)
04/05/2005 75 MOTION by Nicola A Cannatello for disclosure of exculpatory evidence,including impeaching information; Notice (meg, ) (Entered: 04/08/2005)
04/05/2005 76 MOTION by Nicola A Cannatello to sever defendant (meg, ) (Entered: 04/08/2005)
04/05/2005 77 MOTION by Nicola A Cannatello for pretrial disclosure of all evidence which the government intends to offer pursuant to Rule 404(b) of Fed. R. Evid. (meg, ) (Entered: 04/08/2005)
04/05/2005 78 MOTION by Nicola A Cannatello for preservation of agent`s rough notes and writings (meg, ) (Entered: 04/08/2005)
04/05/2005 79 MOTION by Nicola A Cannatello for early return of trial subpoenas (meg, ) (Entered: 04/08/2005)
04/06/2005 80 MOTION by Gerald J Wesolowski for bill of particulars; Notice (meg, ) (Entered: 04/11/2005)
04/06/2005 81 MOTION by Gerald J Wesolowski for immediate disclosure of exper