Monday, August 9,2004
######## surrounding the article denotes it is a “press release”
Correction---to story: Dash is a “Wog.”
Evidently you are a “Wog” until you cross the equator. This from
“No longer a Wog.... Hooray!
“The crossing the line ceremony is where a sailor who has not crossed the equator is referred to as a "Wog"--- after the ceremony with King Neptune and his royal scribe, Davey Jones, you are put forth the royal court and dubbed a Shellback !!! “
Honorable Shellback Dash Menkin
On the internet, I found this definition:
In the U.S. Navy, when a ship crosses the equator a time-honored ceremony takes place. This is a Navy tradition and an event no sailor ever forgets. With few exceptions, those who have been inducted into the "mysteries of the deep" by Neptunus Rex and his Royal court, count the experience as a highlight of their naval career. Members of Neptunus Rex's party usually include Davy Jones, Neptune's first assistant, Her Highness Amphitrite, the Royal Scribe, the Royal Doctor, the Royal Dentist, the Royal Baby, the Royal Navigator, the Royal Chaplain, the Royal Judge, Attorneys, Barbers and other names that suit the party.
Officially recognized by service record entries indicating date, time, latitude and longitude, the crossing of the equator involves elaborate preparation by the "shellbacks" (those who have crossed the equator before) to ensure the "pollywogs" (those who are about to cross the equator for the first time) are properly indoctrinated. All pollywogs, even the Commanding Officer if he has not crossed before, must participate.
A Golden Shellback is one who has crossed the equator at the 180th meridian.
This is called a SHELLBACK certificate. It signifies a sailor crossing the Equator. This navy tradition is known as "Crossing the Line". In order to receive this certificate, 1st time crossers or "WOGS" (short for Pollywogs) must endure hardships inflicted upon them by veteran crossers that have been through the ceremony before known as "Trusty Shellbacks".
15 years BD experience in small/mid ticket leasing. Strong cross section book of business w/extensive customer base of vendors/end-users. Seeking sales/sales management position.
I have an extensive sales and management background in equipment leasing. My work history exhibits my major strength in small ticket equipment leasing.
Middle market originator, construction/Trucks /
Trailers w/ 8 years in territory, looking for company / bank with competitive products
Cedar Rapids, IA.
Formally trained in Credit, Collections, & Sales with regional bank. Seeking sales or sales management. Over ten years in SM, vendor and end user.
Cedar Rapids, IA.
Formally trained in Credit, Collections, & Sales with regional bank. Seeking sales or sales management.
Over ten years in SM, vendor and end user.
E mail: firstname.lastname@example.org
7 yrs.equip leasing &finance; specialist in heavy construction equip for 2-top-5-specialty finance/lease companies, NC &VA territories. $10-15MM annual funding. Downsized in 2002, now independent broker with varied customer base.
Chicago, IL. 12+ yrs multinational/ national sales & business development. Seeking role with captive lessor or global leasing company. Will relo right opportunity. Experience structuring complex transactions.
30 years lease experience. Looking for Lender wanting to get into the Electronic Market can bring 11 years experience with national
vendors and customers.
Experienced Equipment Leasing Broker looking for a in house leasing company. Can bring a book of business with me or develop new territory where needed.
17 yr sales exp.. in leasing sales (territory, National Accts, Sales mgt.) looking to bring experience to s sales/sales mgt role. Successful, accountable, ethical, aggressive, results.
5 yrs sales experience in IT small ticket leasing/Greenbelt Certified with Fortune 100 company/strong communication and negotiation skills/book of business
Seeking direct & broker sales w/major finance companies in NC or southeast market. Small to mid-ticket range. Stable &family oriented. Will have series 6,63,65 license shortly.
Kansas City, MO.
15+ years in finance/leasing industry, extensive knowledge in sales and management. Specializing in construction, transportation and machine tool industries. Will re-locate for right opportunity.
Kansas City, MO.
20 years Senior Sales/Management experience in small ticket/government leasing. Program Management experience, managing 12 Reps. Credit Auth to $50K. Success in soliciting and maintaining accounts.
Los Angeles, CA.
12+years Leasing sales, underwriting/contract exper. including hi-tech, govt, direct & vendor leasing. Seeking role w/institution or captive. Exper. w/ complex transactions, including securities. Possible relocation.
27 years veteran of the construction, machine tool, manufacturing and transportation market. Located in Louisville , KY willing to transfer for the right company. Looking for full time employment with base and benefits.
Mission Viejo, CA
Account Sales Executive with 10 years of leasing experience looking for company to bring
existing customer base.
Individual with 10 years advertising sales exp. & 7 years insurance sales exp. Wants independent contractor situation in Alabama. Work with leasing company or broker.334-281- 5200
10+ years sales experience small & mid-ticket hi-tech & telecom in a captive and vendor environment. Seeking new sales opportunity in New England.
Orange County, CA.
Skilled deal-closer at above-average rates. Entrepreneurial. Accomplished lease-structurer specializing in transportation. Exp. in direct/ captive & syndicator environments servicing vendors, brokers, & end-users. Email: email@example.com
PA Seeking an open opportunity to advance in the automotive, commercial leasing & finance industry
Prairie Village, KS
Have substantial deal flow and database of broker referral sources. Generated and closed over $22M LY. Seeking exclusive relationship w/direct founder.
Regional Sales Manager: Last 15 years with captive. Knowledgeable in all aspects of leasing. Application to funding. Worked with 25 salespeople - east coast.
San Bernardino, CA.
Account executive w/4 years exp. in small ticket &lower end middle market lease transactions, Outstanding ACT database compiled of over 500 vendors. Seeking a career driven position w/a reputable lessor
San Francisco Bay Area, CA
10+ yrs in middle market leasing. Seek direct lessor only. Transaction size from $500M to $10.0MM. Client base: printing, food, retail, manufacturing.
Sales: SF Bay Area, CA.
15+ yrs--mid mkt. $500M to $10.0MM. Seeking role w/ captive or global leasing firm. large book to bring with me! Debt, tax, 1st amendment, etc.
San Francisco, CA.
18 years of sales production, the last 10 in technology leasing to both traditional and emerging growth credits. Seeking direct funder. I can close for you!
South Central U.S.
TX, OK, KS & AR Territory.
Equipment finance and leasing professional,
20 years experience. Top producer in middle
to upper middle markets. Extensive customer base.
27 years experience. Very adept in bank lease programs and direct sales in MM/LT. Looking to re-enter the industry. Will relocate to Texas. Hungry.
Full list at:
Pictures from the Past---1987---Jeffrey Taylor
From a 1985 ad in the Western Association of Equipment Leasing
Open this package and discover the first and only lease training tool you'll ever need. Designed by leasing professionals, The Leasing Coach opens you to new training horizons. Whether you are a novice or a seasoned professional, The Leasing Coach lends you a hand. Our all-in-one solution provides real-life examples, multiple challenge levels and original color graphics to stimulate and excite you.
Play The Leasing Coach and make lease training:
Fun - Learn leasing and have fun at the same time.
Fast - Learn at your convenience on your own PC.
Factual - Learn from equipment leasing professionals.
Friendly - Learn on a one-to-one basis.
Look at these innovative features:
Let's Get Started - introducing you to the Coach.
Leasing Narratives - covering all aspects of equipment leasing.
Leasing Dictionary - encompassing the most commonly-used leasing terms.
Leasing Superbowl - training like you've never seen before.
The most innovative PC-based training software ever designed for the equipment leasing industry, The Leasing Coach will save you money, increase productivity, and is fast, fun and hassle free.
Intelligently priced at $795.00. Call our toll-free number, and order yours today! 1-(800) OK COACH. In North Carolina call (704) 377-6203.
Design your own lease training pro gram with The Leasing Coach.
Copyright (c)1985 Jeffrey Taylor 8e Associates, Inc. All rights reserved.
If you missed our review of Jeff’s new book, please go here:
“I give Jeff Taylor
a huge congratulations.”
Archives-Aug 9,2000- $2 million fraud case—Advance Rentals
LeasX executives indicted; little recovered so far by FBI
Spokane _ Two men indicted for allegedly swindling five companies out of almost $2 million go to trial Monday in U.S. District Court in Spokane.
The pair, Michael D. Booth and Louis R. Bories, are accused of using the money for lavish lifestyles, including chartered jets, $37,000 mountain bikes, hotel suites and Mercedes-Benz cars.
A 12-member jury will be asked to decide if the businessmen are guilty of 105 counts of wire fraud, money laundering and unlawful monetary transactions.
The two were executives of LeasX Inc., a Spokane-based business that began operating in 1997.
LeasX advertised nationally and took "advance fees" from struggling companies, promising to find investment capital or equipment.
The LeasX executives were indicted on charges of fraudulently obtaining $1,969,000 from five businesses.
A federal grand jury and FBI agents spent almost two years in an attempt to retrieve assets, including two missing Mercedes.
FBI agents recovered only $1,951 in cash and seven pieces of jewelry from Booth's fiancee, a standout volleyball player at Gonzaga University.
Booth, 38, and Bories, 29, were arrested by FBI agents in January 1999, culminating an investigation begun the previous year.
A month before their arrests, Booth and Bories formed another company, Angular Communications Inc.
The two businessmen said that company would create 200 new jobs in Spokane with a telemarketing operation in a 70,000-square-foot former bank on East Sprague.
But by then, FBI agents and a federal grand jury were investigating Booth, Bories and LeasX.
Booth -- who is a semipro golfer -- moved to Spokane in the mid-1990s on federal supervised release after serving 18 months in prison for a $620,000 fraud scheme in Sacramento.
The FBI began its investigation of his new company, LeasX, when a Rock Hill, S.C., business, Irvine Flexible Packaging, reported losing $250,000 in four separate payments.
The South Carolina company was promised that by paying the advance fee, LeasX would help the business find a "master lease" line of financing for $5.3 million worth of equipment, court documents say.
The defendants "provided nothing to the victim," and Irvine Flexible Packaging lost its $250,000, court documents allege.
Its owner, Bruce Irvine, is expected to be among the first of 40 prosecution witnesses called to testify.
The trial is expected to last at least two weeks. It had been postponed several times at the defendants' request.
During the past 19 months, Booth has had five lawyers. He is now represented by attorney Jeffry Finer.
"We're looking forward to complete exoneration," Finer said Friday.
In a trial memorandum prepared for Judge Edward Shea, Finer argues that the "operation of LeasX was never intended to defraud the alleged victims."
Finer said the conduct of Booth and Bories "was not fraudulent."
The alleged victims' leases were near completion, had been postponed or were subject to refund when the government indicted the two men, Finer said. But Assistant U.S. Attorney Tom Rice said in court filings that Booth and Bories were involved in a conspiracy to obtain money by "fraudulent pretenses, representations and promises."
"It was part of the scheme that the defendants, operating through a corporation known as LeasX Inc., offered financing and leasing of equipment and financing in the form of loans," Rice said.
The defendants received advance fees "typically representing prepayment of the first and last month lease or loan payment," Rice said. The payments were sent to the defendants' bank account by interstate wire transfers.
Wire fraud counts accuse the men of defrauding Crawford Forest Products, of Hillman, Mich., out of $96,036, which was an advance fee for a $3 million master lease line of credit.
Besides the $250,000 obtained from Irvine Packaging, the LeasX executives are accused of obtaining $124,552 from Avigen Inc. after promising that California company a $5 million line of credit.
Quad-Cities Construction Inc., of Lewiston, gave LeasX $450,613 for a $5 million lease. Quad-Cities got a $100,000 refund from LeasX after the FBI investigation was begun.
The fifth victim, 21st Century Telesis Inc., a high-tech California telecommunications firm, was bilked out of $965,000 by LeasX, the federal indictment alleges.
Investigators say Booth bought expensive jewelry and mountain bikes, chartered private jets and lived for extended periods at a downtown hotel.
He also rented a limousine to take the Gonzaga University women's volleyball team to a pizza place, associates say. Booth was engaged to player Nicole Lamoure, of Garden City, Calif. The two got a marriage license in Spokane County a year ago.
Bories has been out of jail on a $50,000 bond. He will be represented by Deputy Federal Defender Gerald Smith.
Booth has been held in jail without bond until recently, when the judge approved releasing him to live in a halfway house so he could spend time preparing for his defense.
NorVergence Action Lines
NorVergence has filed Chapter 7 on July 14, 2004. Since the company is declaring bankruptcy, it will be necessary for you to file with the Bankruptcy Court. Contact the United States Bankruptcy Court at 1-973-645-4764 to request a Proof of Claim form. The case number is 04-32079. Chief Judge Rosemary Gambardella has been assigned to this case. The last date to file a claim is November
It is necessary for you to file the complaint with us
and a Proof of Claim with the Bankruptcy Court in
order to fully protect your rights.
For more information, please go here:
It is recommend you also file with the bankruptcy court,
plus with the New Jersey Department of Labor and Wages
( or the state in which you were employed by NorVergence,
although most were in New Jersey.)
Although it is very unlikely that NorVergence as a corporation
will have any assets, if any, at all, there is a fraud case
against the "owners" under way in regards to wages
and benefits for employees. ( although the owners may have
been a "trust," the individuals who were officers may have
liability--although the main "owner" was not an officer,
he may be included in the suit.)
This is from the New Jersey Department of Labor and Wages:
“Although the company is declaring bankruptcy, we will
likely proceed against the owner as an individual. If
you have not filed a wage claim form, please feel free
to complete the attached forms. If you or your fellow
workers have any information that would indicate there
was any intent to defraud by the owner, please include
this information when you return the complaint form.
The completed form may be returned to the address
indicated on the form.
“I hope you will find this information helpful and if
you need anything further, please contact Donald Povia
NJ Department of Labor and Workforce Development
Division of Wage and Hour Compliance
If you are a business
and are seeking help with your system, or legal
“Anyone can register for free to get a user ID & password at
About a quarter of the time people have problems which can be overcome as follows:
“New TAA UserID & Password Not Working?
Problem 1: The first confirmation email you receive from TAA regarding your registration contains a link that you have to click on. The link you click on may not work properly if it was "broken in two" by the email. If this seems to be the case then just "cut & paste" both halves of the link into the address bar of your browser & then hit enter.
“Problem 2: The userID you choose for yourself should be ONE WORD with NO SPACES. If you choose a userID with capital letters or spaces, just reregister choosing a one work , all lower case password.
“If the information above doesn't help, please send an email with your COMPLETE CONTACT INFORMATION to firstname.lastname@example.org and TAA will manually re-register you within 24 hours.
“Thanks for your continued support.
Telecom Agent Association
Founder & Editor-at-Large
31500 Grape Street #3-307
Lake Elsinore, CA 92532
At this date, none
of the leasing companies have made a “partnership” or “joint effort” as
the Telecom Agents Association has.
If there is news
Advice to Lessee/Debtor:
It is Leasing News
advice that lessees continue to make your leasing
Don’t listen to any
attorney or other legal advice about not making
Leasing Industry Help Wanted
Executive / Small ticket leasing account reps
Equipment Finance Sales Executive
Marketing Indirect Origination
Senior Contract Specialist
RW Professional Leasing Continues to Move to One Trial
Trial to begin October 14,2004
U.S. v. RW Professional Leasing Services Corp.
2004 WL 1746078
Aug. 5, 2004.
2004 WL 1746078 (E.D.N.Y.)
--- F.Supp.2d ---
United States District Court,
E.D. New York.
UNITED STATES of America,
RW PROFESSIONAL LEASING
SERVICES CORP., also known as "Professional Leasing
No. 02 CR 767(ADS)(MLO).
Aug. 5, 2004.
Roslynn R. Mauskopf, United States Attorney, by Geoffrey R. Kaiser, Assistant U.S. Attorney, Central Islip, NY.
Frankel & Abrams,
by Stuart E. Abrams, Esq., of Counsel, New York, NY, Attorneys for the
Defendant RW Professional Leasing Services Corp.
Stephen L. Cohen, Esq., Chatham, NY, Attorney for the Defendant Barry Drayer.
Jerald Rosenthal, Esq., Ghent, NY, Attorney for the Defendant Roger Drayer.
Grossman & Rinaldo, by Paul J. Rinaldo, Esq., of Counsel, Kew Gardens, NY, Attorney for the Defendant Adam Drayer.
Gotlin & Jaffe, by Daniel Gotlin, Esq., of Counsel, New York, NY, Attorneys for the Defendant Susan Cottrell.
John S. Wallenstein, Esq., Mineola, NY, Attorney for the Defendant Myrna Katz.
Terrence P. Buckley, Esq., Islandia, NY, Attorney for the Defendant Stephen Barker.
MEMORANDUM OF DECISION AND ORDER
SPATT, District Judge.
*1 This case involves charges of conspiracy to commit bank fraud, wire fraud and money laundering. Presently before the Court are the following motions: (1) a motion by the defendant Myrna Katz ("Katz") to suppress certain statements; (2) Katz's motion for severance of her case and a separate trial pursuant to Rule 14 of the Federal Rules of Criminal Procedure ("Fed. R.Crim.P"); and (3) a motion by the defendant RW Professional Leasing Services, Inc. ("PLS") for reconsideration of the Court's Memorandum of Decision and Order dated May 4, 2004.
The background of this case is incorporated in the Court's memorandum of decision and order dated May 4, 2004. Familiarity with that decision is assumed. The defendants RW Professional Leasing Services, Inc. ("PLS"), Rochelle Besser, Barry Drayer, Roger Drayer, Adam Drayer, and Susan Cottrell (collectively, the "PLS defendants") operated a medical equipment financing company, in which they arranged financing for the leasing of medical equipment by medical providers and supplied these providers with working capital loans. PLS apparently obtained loans from financial institutions for the purported purpose of purchasing medical equipment that would be leased to medical providers. In many instances, the leases and the medical equipment served as collateral for the loans. The second superceding indictment ("indictment") charges, among other things, that PLS devised a scheme to provide the financial institutions with sham documentation creating the false impression that the medical providers were leasing equipment from PLS.
The indictment further charges Katz, a former Branch Manager for the Bank of New York, with conspiring with the PLS defendants to defraud certain lending institutions by executing false escrow agreements for the PLS defendants, and with violating other criminal statutes relating to unauthorized bank loans. In addition, the indictment charges the defendant Stephen Barker with participating in the bank fraud conspiracy through his company, Carefree Financial Services ("Carefree"), which brokered financing for medical providers through PLS. The indictment charges that Barker created false purchase invoices in the name of a sham entity known as Medpro Equipment Company in order to make it appear as if PLS had purchased medical equipment from Medpro for the benefit of medical providers.
A. Motion by Katz for Severance and Separate Trial
The defendant Katz moves for severance and a separate trial pursuant to Rule 14 of the Federal Rules of Criminal Procedure. Katz contends that being tried together with the co-defendants would likely result in a jury verdict against her, even absent specific proof that she herself was directly involved in the conspiracy. Katz claims that she had nothing to do with the PLS defendants and that she would be "tarred with the same brush and prejudiced by the association with them" if she is compelled to stand trial with those defendants.
*2 Courts have repeatedly held that, generally, defendants who are indicted together should be tried together. See United States v. Ventura, 724 F.2d 305, 312 (2d Cir.1983) (citations omitted). Joint trials "promote efficiency and 'serve the interests of justice by avoiding the scandal and inequity of inconsistent verdicts.' " Zafiro v. United States, 506 U.S. 534, 536, 113 S.Ct. 933, 122 L.Ed.2d 317 (1993) (quoting Richardson v. Marsh, 481 U.S. 200, 209, 95 L.Ed.2d 176, 107 S.Ct. 1702 (1987)). Indeed, the Second Circuit has supported joint trials, noting that:
It would impair both the sufficiency and the fairness of the criminal justice system to require ... that prosecutors bring separate proceedings, presenting the same evidence again and again, requiring victims and witnesses to repeat the inconvenience (and sometimes trauma) of testifying, and randomly favoring the last-tried defendants who have the advantage of knowing the prosecution's case beforehand.
United States v. Salameh, 152 F.3d 88, 115 (2d Cir.1998) (quoting Richardson, 481 U.S. at 210).
The decision to grant or deny a motion for severance is committed to the sound discretion of the district court. Salameh, 152 F.3d at 115. Pursuant to Rule 14, "a district court should grant a severance only if there is a serious risk that a joint trial would compromise a specific trial right of one of the defendants, or prevent the jury from making a reliable judgment about guilt or innocence." Zafiro, 506 U.S. at 539. Defendants are not entitled to severance merely because they may have a better chance of acquittal in separate trials. Id. at 540; see, e.g., United States v. Martinez, 922 F.2d 914, 922 (2d Cir.1991). Furthermore, Rule 14 does not require severance even when sufficient proof of prejudice exists. United States v. Haynes, 16 F.3d 29, 32 (2d Cir.1994). Rather, "limiting instructions often will suffice to cure any risk of prejudice." Zafiro, 506 U.S. at 539.
Here, severance is not necessary or required. The Court finds that the evidence that will be introduced against Katz would not be so prejudicial as to warrant severance under Rule 14. "That one defendant's role in the conspiracy may have been smaller or less central than that of certain other co-conspirators does not mandate a separate trial." United States v. Vega, 458 F.2d 1234, 1236 (2d Cir.1982), cert denied, 410 U.S. 982, 36 L.Ed.2d. 177, 93 S.Ct. 1506 (1973). In addition, in this case, the indictment alleges that Katz was directly involved in the alleged conspiracy to commit fraud. Even if the Court severed Katz's trial from that of her co-defendants, much of the same evidence would inevitably be introduced at both trials. See id. ("Evidence at the joint trial of alleged co-conspirators that, because of the alleged conspiratorial nature of the illegal activity, would have been admissible at a separate trial of the moving defendant is neither spillover nor prejudicial.").
*3 Furthermore, to cure any possible prejudice, the Court will either redact evidence or provide the jury with limiting instructions to the extent that the evidence against one defendant may not relate to another. These limiting instructions will advise the jury that it must "give separate consideration to each individual defendant and to each separate charge against him." Zafiro, 506 U.S. at 541 (citations omitted). Accordingly, because Katz has not demonstrated that there is a serious risk that a joint trial would compromise a specific trial right or prevent the jury from making a reliable judgment about guilt or lack of guilt, her motion to sever her trial from the remaining defendants is denied.
B. Motion by Katz to Suppress Statements
Katz also moves pursuant to the Sixth Amendment to suppress her statements made on January 13 and February 13, 2003 during two pre-indictment interviews with the FBI, IRS, and other government agents while she was represented by inside and outside counsel for the Bank of New York. The Sixth Amendment provides that "[i]n all criminal prosecutions, the accused shall enjoy the right to ... have the Assistance of Counsel for his defense." U.S. Const. Amend. VI. In addition to this right, the Court has long recognized that "the right to counsel is the right to effective assistance of counsel." McMann v. Richardson, 397 U.S. 759, 771, n. 14, 25 L.Ed.2d 763, 90 S. Ct 1441 (1970). In her motion, Katz contends that her prior attorneys were "irreconcilably conflicted," and acted as ineffective counsel by allowing her to make incriminating statements against herself.
Katz concedes that she voluntarily appeared at both scheduled interviews, and both parties acknowledge that Miranda is not applicable because Katz was not in custody at either meeting. See People v. Morris, 59 A.D.2d 153, 155, 398 N.Y.S.2d 274 ("Miranda is not applicable to a non-custodial interrogation."). Nevertheless, Katz contends that she was deprived of her Sixth Amendment right to effective counsel because her prior attorneys' employment by the Bank of New York presented a significant conflict of interest. The defendant maintains that she relied on her previous attorneys' advice when they encouraged her to speak freely to law enforcement agents without the protection of a standard proffer agreement, and that the only appropriate remedy currently available is suppression of those statements.
However, the Court notes that the Sixth Amendment right to effective assistance of counsel attaches only after "the initiation of adversary judicial proceedings, such as arraignment or filing of an indictment." United States v. Edwards, 342 F.3d 168, 182 (2d Cir.2003) (citing United States v. Yousef, 327 F.3d 56, 140 (2d Cir.2003)) (citations omitted). At the time of the interviews, no charges had been filed against the defendant and no adversary judicial proceedings had begun. Thus, the Sixth Amendment right to counsel had not yet attached. See Kuhlmann v. Wilson, 477 U.S. 436, 91 L.Ed.2d 364, 106 S.Ct. 2616 (1986) (stating that adversary judicial proceedings begin when a defendant is arraigned). The Court therefore holds that the defendant Katz was not denied her Sixth Amendment right to effective assistance of counsel. Accordingly, the Court denies the motion by Katz to suppress the statements made during the interviews at FBI headquarters on January 13 and February 13, 2003.
C. Motion for Reconsideration and Discovery Requests by PLS
*4 PLS moves for reconsideration of the portion of the Court's May 4, 2004 Memorandum of Decision and Order which denied the defendants' motion to order the Government to provide all statements and Grand Jury testimony of PLS employees. In the PLS's first motion, they requested that the Court order the Government to produce any statements of the defendants, including employees of PLS, in accordance with Rule 16 of the Federal Rules of Criminal Procedure, which entitles the defendants to discovery materials that the government intends to introduce at the trial or that is material to their defense. Fed.R.Crim.P. 16(a)(1). In response, the Government represented that it would produce the statements of all prospective witnesses three days prior to the trial. The defendants' request for an order to produce Rule 16 materials was denied, as the Court determined that it had no basis to conclude that the Government would do otherwise with regard to its Rule 16 obligations.
To preserve scarce judicial resources and to avoid piecemeal litigation, a motion for reconsideration is "narrowly construed and strictly applied so as to avoid repetitive arguments on issues that have been considered fully by the Court." Dellefave v. Access Temps., Inc., No. 99 Civ. 6098, 2001 U.S. Dist. LEXIS 3165, at *1 (S.D.N.Y. Mar. 22, 2001); see also In re Houbigant, Inc., 914 F.Supp. 997, 1001 (S.D.N.Y.1996) (A Rule 6.3 motion is "not a motion to reargue those issues already considered when a party does not like the way the original motion was resolved"). In addition, "a party in its motion for reargument may not advance new facts, issues or arguments not previously presented to the court." O'Brien v. Bd. of Educ. of Deer Park Union Free Sch. Dist., 127 F.Supp.2d 342, 345 (E.D.N.Y.2001).
Here, PLS argues that, under Rule 16(a)(1)(C), they "are entitled to pretrial production of any statement or Grand Jury testimony of any of its directors, officers, employees, or agents, insofar as the person was either able to bind PLS with respect to the subject matter of the statement, or was personally involved in the alleged conduct constituting the offense and was able to bind PLS with respect to that conduct." PLS urges the Court to reconsider its prior decision because the Court did not refer to Rule 16(a)(1)(C), and instead referred only to materials that the Government intends to introduce at trial or that are material to the defense. In addition, the defendant contends that producing statements of prospective witnesses three days before trial is insufficient to satisfy the Government's obligations under Rule 16(a)(1)(C).
However, the Court notes that Rule 16(a)(1)(C) "only requires that the Government afford defendants an opportunity to inspect the documents it intends to introduce at trial." United States v. Greyling, No. 00 CR 631, 2002 U.S. Dist. LEXIS 4502, at *7 (S.D.N.Y. Mar. 18, 2002) (citing United States v. Nachamie, 91 F.Supp.2d 565 (S.D.N.Y.2000)). In the prior decision, the Court considered the applicability of Rule 16(a)(1)(C) and expressly referred to "Fed.R.Crim.P. 16(a)(1)," which encompasses the rule at issue. PLS therefore does not raise any issues of fact or law overlooked by this Court that would alter the Court's Order with regard to this issue.
*5 Nevertheless, the Court does reconsider its prior decision with regard to its determination that the Government is permitted to comply with its obligations under Rule 16(a)(1)(C) three days before trial. Because of the voluminous documents for discovery and preparation for trial, the Court finds that fair play necessitates that the defendants be permitted more time to examine the Government's production of statements of all prospective witnesses. So that the defendants are afforded more time to adequately prepare for trial, the Court grants the motion for reconsideration by PLS only insofar as the Court orders the Government to produce such statements on or before September 14, 2004, or a period of one month before the trial in the event the trial is adjourned.
In addition, PLS seeks an Order from the Court directing the Government to, among other things, provide the defendants with additional discovery materials and itemizations of documents. At the July 30, 2004 conference, PLS informed the Court that this discovery request was no longer necessary. As such, the Court denies the request as moot.
Based on the foregoing, it is hereby
ORDERED, that the
motion by Katz for severance of her case and for a separate trial is
DENIED; and it is further
U.S. v. RW Professional Leasing Services Corp.
2004 WL 1746078 (E.D.N.Y.)
To see previous stories, please go to:
It's Not Just the Jobs Lost, but the Pay in the New Ones
All eyes on Fed after bad market week
Fed still expected to raise rates
Fewer college students choose computer majors
How the office copying machine influenced civilization
Elway, Sanders, Eller and Brown enter Hall of Fame
Jeff Gordon Ties the Record for Victories at Indianapolis
“Gimme that Wine”
2004: A California vintage to remember?
Winery sale revives Scharffenberger label
Rosenblum Cellars inks five- year deal for storage warehouse at Alameda Point
Stronger winery demand for grapes signals emergence from economic trough
New Wine Country Maps Cover California’s Central Coast
Tips for protecting bottles when it's hot enough to pant
Are wine corks becoming another thing of the past?
This Day in American History
August 9-15 “Elvis Week “Memphis, TN. Each year Elvis fans from around the world visit Memphis as Aug 18 marks the anniversary of Elvis Presley’s death (Aug 16, 1977) at his beloved home, Graceland Mansion. More than 35 events occur throughout the city with special events sponsored by Graceland. For info: (800) 238-2000.
1607-History records the first “ Thanksgiving Worship Service” at Phippsburg, Maine, by colonists on “ The Gift of God” and the “Mary and Jahn,” who landed at “ St. Georges Illand” under the leadership of George Popham. Services were held by the Reverend Richard Seymour, “ gyvinge God thanks for our happing metinge & saffe arval into the country.”
1673- The Surrender of New York was demanded by a Dutch force of 23 ships and 1600 men anchored near Sandy Hook. They held possession of the colony until February 9, 1674, when the English regained control.
1854 Henry David Thoreau publishes "Walden", an American
classic and is
living in “nature, “ but there is no debate he wrote a series of 18
on his two years spent close to nature. The book stresses simplicity
and holds that happiness is not be had by pursuit of wealth. Descriptions
of plants, bird, and animals are interspersed with reflections on life
Andrew Jackson singed the Treaty of Fort Jackson, ending
the UC declared its independence, the annexation of Canada appeared
in the Battle of Cedar Mountain, VA., near the Rappahannock R. northwest
of Richmond, Confederate troops under Gen. Stonewall Jackson, planning
a move northward in advance of Gen. Lee’s larger forces, defeated two
full brigades of Union forces led by Gen. John Pope and Gen. N.P. Banks.
Badly outnumbered, the Union Army suffered 2381 killed or wounded, the
1878 - The second most deadly tornado in New England history struck Wallingford CT killing 34 persons, injuring 100 others, and completely destroying thirty homes. The tornado started as a waterspout over a dam on the Quinnipiac River. It was 400 to 600 feet wide, and had a short path length of two miles.
1892- Thomas Alva Edison of Newark, NJ, filed a patent on the most practical two-way telegraph. It enabled two telegraph operators to send over one were simultaneously. Edison received many patents for many inventions and his biography is fascinating to read.
1916-The first Japanese beetle appeared in Riverton, NJ. Its grubs were believed to have arrived in the roots of imported nursery stock.
1930-Betty Boop debuts in Max Fleischer's animated cartoon Dizzy Dishes.
1936 - Jesse Owens became the first American to win four medals in one Olympics. Owens ran one leg of the winning 400-meter relay team in Berlin. His three other gold medals were won in the 100-meter, 200-meter and the long jump events.
1938-Benny Goodman Orchestra, on a CBS Camel Caravan show from New York City, plays its first Eddie Sauter arrangement, “Bolero.”
1941— Baritone sax player/arranger/producer Willie Henderson birthday
1942-Birthday of drummer Jack DeJohnette, Chicago, IL.
I’ll Be Seeing You - The Tommy Dorsey Orchestra (vocal: Frank Sinatra)
Amor - Bing Crosby
Swinging on a Star - Bing Crosby
Is You is or is You Ain’t (Ma’ Baby) - Louis Jordan
1945,-Three days after the atomic bombing of Hiroshima, an American B-29 bomber named Bock’s Car left its base on Tinian Island carrying a plutonium bomb nicknamed “Fat Man’ Its target was the Japanese city of Kokura, but because of clouds and poor visibility the bomber headed for a secondary target, Nagasaki, where at 11:02 AM, local time, it dropped the bomb, killing an estimated 70,000 persons and destroying about half the city. Memorial services are held annually at Nagasaki and also at Kokura, where those who were spared because of the bad weather also grieve for those at Nagasaki who suffered in their stead. August 14 President Harry S. Truman announced the “unconditional” surrender of Japan. V-J Day was August 15. August 30 General MacArthur landed in Japan with occupational forces. September 2 the formal document of surrender was signed about the U.S. Miss our in Tokyo Bay.
1947-Birthday of Barbara Mason, Philadelphia, PA.
Walkin’ My Baby Back Home - Johnnie Ray
Auf Wiedersehn, Sweetheart - Vera Lynn
I’m Yours - Don Cornell
Are You Teasing Me - Carl Smith
1960-Race riot in Jacksonville Florida
Itsy Bitsy Teenie Weenie Yellow Polkadot Bikini - Brian Hyland
It’s Now or Never - Elvis Presley
Image of a Girl - Safaris
Please Help Me, I’m Falling - Hank Locklin
1961- James B Parsons is the first black appointed to the Federal District Court.
1963-Birthday of singer Whitney Houston, born Newark, NJ.
Hello, I Love You - The Doors
Classical Gas - Mason Williams
Stoned Soul Picnic - The 5th Dimension
Folsom Prison Blues - Johnny Cash
1969 - "Hot Fun in The Summertime", by Sly and the Family Stone, and "Easy to Be Hard", from the Broadway production "Hair", were released on this day. "Hot Fun" made it to number two on the music charts (10/18/69) and "Easy to Be Hard" climbed to number four (9/27/69).
1969 - Cult leader Charles Manson and his disciples committed one of Los Angeles’ most heinous crimes. They entered the home of movie director Roman Polanski and brutally murdered Polanski’s wife (actress Sharon Tate), movie director Voityck Frykowski, famous hair stylist Jay Sebring, student Steven Parent and coffee heiress Abigail Folger.
1969 - A tornado hit Cincinnati OH killing four persons and causing fifteen million dollars property damage. The tornado moved in a southeasterly direction at 40 to 50 mph.
1971 - LeRoy Satchel Paige, one of baseball’s pitching legends, was inducted into the Baseball Hall of Fame in Cooperstown, NY.
1971-the first airport baggage scanning system that converted electronic data to a visible X-ray format was the Pep-720 baggage X-ray system manufactured by Princeton Electronic Products, New Brunswick,NJ. The US. army had it installed at the Army’s Picatinny Arsenal
1974- Richard Milhous Nixon’s resigned from the presidency of the US, which he first announced in a speech to the American people Thursday evening, August 8, and it became effective at noon. Nixon, under the threat of impeachment as a result of the Watergate scandal, became the first person to resign the presidency. He was succeeded by Vice-President Gerald Rudolph Ford, the first person to serve as vice-president and president without having been elected to either office. Ford granted Nixon “full, free and absolute pardon” September 8,.1974. Although Nixon was the first US president to resign, two vice presidents had resigned earlier in history: John C. Calhoun, Dec. 8, 1932, and Spiro T. Agnew, October 10,1973. 1989, President George Herbert Walker Bush appointed Colin Luther Powell chairman of the Joint Chiefs of Staff. He became the first African-American appointed to this position. Powell, born in New York City in 1937, served from 1987 to 1989 as national security advisor to President Ronald Wilson Reagan. In 1989, he was promoted to four-star general, thus becoming the highest-ranking African-American officer up to that time. During his service as chairman, he oversaw the 1991 Gulf War military campaign. He resigned in 1993. He was appointed Secretary of State by President George Walker Bush in 2001.
Don’t Go Breaking My Heart - Elton John & Kiki Dee
Let ’Em In - Wings
You Should Be Dancing - Bee Gees
Golden Ring - George Jones & Tammy Wynette
1981 - Major-league baseball teams resumed play at the conclusion of the first mid-season players’ strike. The first game on the schedule following the bitter strike was the All-Star Game. The National League won the game 5-4. 72,086 diehard baseball fans (a record) came out to see the game at Cleveland’s cavernous Municipal Stadium -- and welcome the players back.
When Doves Cry - Prince
Ghostbusters - Ray Parker Jr.
State of Shock - Jacksons
Mama He’s Crazy - The Judds
1987 - Florida baked in the summer heat. Nine cities reported record high temperatures for the date, including Jacksonville with a reading of 101 degrees. Miami FL reported a record high of 98 degrees.
1988 - President Reagan nominated Lauro F. Cavazos to be secretary of education. Cavazos was the first Hispanic in U.S. history to be named to a cabinet position. On Sep 20, 1988, he was unanimously confirmed by the U.S. Senate. President George Bush (I) asked him to continue as Secretary following the Nov 1988 election and he remained in that position until resigning in December 1990.
1988-After a postponement the night before, the first night game in Wrigley Field saw the Chicago Cubs defeat the New York Mets, 6-4.
Right Here Waiting- Richard Marx
On Our Own (From "Ghostbusters II")- Bobby Brown
Batdance (From "Batman")- The Artist
So Alive- Love And Rockets
1990-The US Navy formed a naval blockade and all export of oil from Iraq and Kuwait was cut off. August 10, at a meeting in Cairo, 12 of the 21 member nations of the Arab League voted to support the UN and US Actions. It would not be until November 29, that the UN Security Council voted to authorize the US and allies to use force to expel Iraq from Kuwait, it its troops did not leave by January 15, 1991. by the end of 990, 580,000 Iraqi troops were believed to be in Kuwait or southern Iraq. Facing them were 485,000 troops of 17 allied countries, an armada of ships, carriers, jets based
in Italy, Turkey,
and many other surrounding countries, and guided missiles with video
Stay (I Missed You) (From "Reality Bites")- Lisa Loeb
I Swear- All-4-One
Fantastic Voyage- Coolio
Wild Night,-John Mellencamp With Me Shell Ndegeocello
1995-Grateful Dead singer, guitarist and spiritual leader Jerry Garcia dies of a heart attack while undergoing drug rehabilitation at Forrest Farm, Marin County. He was 53.
Genie In A Bottle- Christina Aguilera
Tell Me It s Real- K-Ci
Bills, Bills, Bills- Destiny s Child
All Star- Smash Mouth
1999 - “On a grand night for hitters, pitchers got slammed,” as AP sports writer Ronald Blum put it, “for the first time in 129 years of major league baseball, five grand slams were hit in one day.” 1) Fernando Tatis (St. Louis Cardinals), 2) Jose Vidro (Montreal Expos), 3) Mike Lowell (Florida Marlins), 4) Bernie Williams (NY Yankees) ... 5) Jay Buhner of the Seattle Mariners, being the last to hit the slam, actually set the record.
Crazy In Love- Beyonce Featuring Jay-Z
Right Thurr- Chingy
Never Leave You - Uh Ooh, Uh Oooh!, Lumidee
P.I.M.P.- 50 Cent
THE MAN WHO GAVE ALL THE DREAMERS IN BASEBALL LAND
BIGGER DREAMS TO DREAM
by Michael J. Farrand
Every dreamer out in Baseball Land dreams the same big dream
He's hurting in the dugout, when he's called to save his team
In the bottom of the ninth, two outs, the count 3-and-2
He'll step in and with one swing, the impossible he will do
'Twas the 1988 World Series, opening night
The L.A. Dodgers had a shot at global bragging rights
They faced America's greatest team, and her most athletic
Canseco and McGwire made their chances seem pathetic
Doubts grew with the great shadows cast by the broad Oakland A's
Those left in the sad Dodgers camp found nothing to do but pray
Down 4-to-3 to Oakland in their last chance with the bats
Eckersley's appearance on the mound surely meant "That's that!"
They scan the dugout for their hero, he who makes it happen
They see instead his teammates' faces, drawn tightly ashen
They know after Scoscia comes a patsy then the pitcher
This pathetic line-up holds not one heroic hitter
Where was the man who saved them oh so many times before?
Vin Scully in the broadcast booth proclaims the hapless score
"The spearhead of the Dodger offense all throughout the year
Will see no action here tonight, because he's just not here!"
Watching the game from the training room, legs encased in ice
He wants so badly to play, but the trainer says "No dice!"
With a torn left hamstring, and a stretched right knee ligament
The Dodgers greatest slugger would be lucky he could limp
But hearing Vin Scully's words, appearing to seal his fate
Kirk Gibson throws off his ice packs, hoping it's not too late
"Set up a batting tee, get Tommy Lasorda in here!"
He shouts with all bravado—heroes like these show no fear
Gibson struggles to his feet as Scoscia pops to shortstop
The left leg goes from under him, he hears the right knee pop
Lasorda waddles up the tunnel, Kirk says "I can hit!"
"You serious?" "Dead serious!" as he teeters a bit
"Making me sit out the game here is a fate worse than death!"
Lasorda mumbles "God Almighty!" under his short breath
"Don’t you want me?" the great slugger cries, trusting all to fate
"Damn right I want you", he mutters. "Just make your entrance late!"
By now Hamilton has struck out, leaving them but once chance
The second-worst hitter in the park sets into his stance
Our grievously wounded hero now gingerly takes strides
Down the lonely tunnel, his east-and-west limps hard to hide
In a rare moment of weakness, Eck gives Davis the walk
Down destiny’s path our hero must stumble without balk
An impossible dream fills his mind, no bad thought enters in
It’s down to him and Eck, and the Dodgers are going to win!
The crowd goes stark raving mad, welcoming their hero in
Stadium dwellers stomp and shout, creating an earthquake din
Here’s the man, the only man, to save them from this peril
(Even though he is stumbling in, like some drunken devil)
His practice swings are herky, jerking his numb legs to life
To them it seems that each rotation stabs him like a knife
Their slugger has not faced real pitching in three whole days
But waves and waves of adulation wash his pains away
His teammates celebrate, knowing the power of this man
To fight against impossible odds and make things right again
But after suffering his first two wincing, fouling swings
They lament the 0-2 count, and face the sad state of things
Mike Davis steals second base, as was signaled by his coach
Lasorda’s doubts that Gibson can do it prompt such a poach
Clearly he cannot come around on Eck’s fast-pitched balls, and
A pained run down the line proves he can't push off or land
"This is just where I want to be!" all baseball dreamers think
But when they consider reality, their vain hopes sink
Wannabe heroes in the stands put childish dreams aside
It’s on this broken-down warhorse all Dodger hopes now ride
Mighty Gibson, for his part, goes into survival mode
If he can’t hit the fast ones, he will wait for something slow
Battling back with anything to avoid impending rout
With the count 3-and-2, from the batter’s box he steps out
Amidst the pandemonium, the huzzahs, and the shouts
He remembers Mel Didier’s words, that sage Dodger scout
"In this situation, when Eck's facing a left-hander,
As sure as you're breathing, pardner, it’ll be backdoor slider!"
He steps back in on tenterhooks, guessing at the next pitch
Eck winds, curls, and releases the ball, all without a hitch
Gibby’s swing is something ugly, an army-wristy stab
His wrenching follow-through suggests he won’t survive the jab
Somewhere baseball fans groan, while tossing peanuts in their beer
Somewhere a manager’s fired for flubbing a chance so dear
Somewhere red-lighted car-fulls are pleased they left so early
Somewhere else the loyal fans are rewarded with glory
"High fly ball into deep right field—she is GONE!" Scully smiles
Then for a few eternities, the rabid fans go wild
As the Dodgers charge the field in jumping jubilation
Kirk hobbles round the bases, pumping fists in elation
Though the ball flew in the air three hundred and eighty feet
It could be said it rolled forever as the A’s it did beat
It paralyzed their big bats and demoralized the team
And all the dreamers in Baseball Land can now dream bigger dreams!