Criminal Docket for Case: USA v. Aviv

U.S. District Court
United States District Court for the Southern District of New York (Foley Square)
CRIMINAL DOCKET FOR CASE #: 1:95-cr-00386-LLS All Defendants

February 28, 1997

Case title: USA v. Aviv

Magistrate judge case number: 1:95-mj-00469

Date Filed: 05/04/1995
Date Terminated: 12/17/1996

Assigned to: Judge Louis L. Stanton

Defendant

Juval Aviv (1)
TERMINATED: 12/17/1996

represented by Sarita Kedia
Law offices of Gerald L. Shargel
1585 Broadway
19th Floor
New York, NY 10036
212-969-5670
TERMINATED: 12/17/1996
LEAD ATTORNEY
Designation: Retained

Pending Counts


None

Disposition

Highest Offense Level (Opening)


None
 

Terminated Counts

Disposition

18:1341 POSTAL, INTERSTATE WIRE, RADIO, ETC. mail fraud (1) Court dismissed original.
18:1341.F POSTAL, INTERSTATE WIRE, RADIO, ETC.(1s) The defendant was found not guilty. It is ordered that the defendant is acquitted, discharged, and any bond exonerated.
18:1343 POSTAL, INTERSTATE WIRE, RADIO, ETC. Wire Fraud (2-3) Court dismissed original.
18:1343.F POSTAL, INTERSTATE WIRE, RADIO, ETC.(2s-3s) The defendant was found not guilty. It is ordered that the defendant is acquitted, discharged, and any bond exonerated.

Highest Offense Level (Terminated)

Felony
 

Complaints

None

Disposition

Plaintiff

United States Of America
represented by Alexandra A.E. Shapiro
United States Attorney's Office
Southern District of New York
Mary Jo White, U.S. Attorney
1 St. Andrew's Plaza
New York, NY 10007
(212)791-0065
LEAD ATTORNEY
Date Filed # Docket Text
02/28/1995 1 COMPLAINT as to Juval Aviv ( signed by Magistrate Judge Naomi R. Buchwald ) [ 1:95-m -469 ] (emil) (Entered: 03/22/1995)
02/28/1995 2 Arrest WARRANT issued as to Juval Aviv [ 1:95-m -469 ] (emil) (Entered: 03/22/1995)
03/03/1995 ARREST of Juval Aviv [ 1:95-m -469 ] (emil) (Entered: 03/22/1995)
03/03/1995 First Appearance as to Juval Aviv held before Mag. Judge Buchwald. Deft present w/ ret. atty. Gerald Shargel; Preliminary Examination set for 4/3/95 for Juval Aviv ; $50,000 PRB co/s by wife and Mr. Aharami, surrender of Israeli and U.S. passport, release today subject to AUSA interview of co-signers; bail limits extended to continental USA [ 1:95-m -469 ] (emil) (Entered: 03/22/1995)
03/03/1995 3 PRB BOND filed by Juval Aviv in Amount of $50,000 [ 1:95-m -469 ] (emil) (Entered: 03/22/1995)
03/03/1995 4 Order of advice of penalties and sanctions as to Juval Aviv [ 1:95-m -469 ] (emil) (Entered: 03/22/1995)
04/03/1995 5 ORDER as to Juval Aviv, to Continue in Interests of Justice; continuance granted until 5/3/95 ( Signed by Magistrate Judge Michael H. Dolinger ); Copies mailed. [ 1:95-m -469 ] (emil) (Entered: 04/11/1995)
04/19/1995 6 ORDER as to Juval Aviv, that defts bail conditions be altered so that he may be permitted to travel to Toronto, Canada on 4/23/95 for vacation and return to NYC on 4/25/95. ( Signed by Magistrate Judge James C. Francis IV ); Copies mailed. (md) (Entered: 05/09/1995)
05/04/1995 6 INDICTMENT as to Juval Aviv (1) count(s) 1, 2-3 (Preliminary Examination cancelled.) (lf) (Entered: 05/05/1995)
05/11/1995 PLEA entered by Juval Aviv . Court accepts plea. Not Guilty: Juval Aviv (1) count(s) 1, 2-3 (rag) (Entered: 05/15/1995)
05/11/1995 CASE Assigned to Judge Louis L. Stanton (rag) (Entered: 05/15/1995)
05/11/1995 Arraignment as to Juval Aviv held Juval Aviv (1) count(s) 1, 2-3 before Magistrate Judge James C. Francis IV. Deft. Aviv pres. w/atty Geralrd Shargel, Roman Darmer, AUSA. Deft. Aviv pleads not guilty to the Indictment and case is assigned to Judge Stanton for all purposes. Deft's bail status (cont'd $50,000 PRB, 2 FRP, PSA). (rag) (Entered: 05/15/1995)
05/18/1995 7 Arrest WARRANT Returned Executed as to Juval Aviv on 3/3/95 (md) (Entered: 05/31/1995)
05/25/1995 Pre-trial conference as to Juval Aviv held... deft. Juval Aviv (attys Gerald L. Shargel and Daniel Aharoni present). Gov't by Alexandra A.E. Shapiro present. Court reporter-William Cohen. Status conference re: motion schedule set for Thursday 6.22.95 at 4:45 p.m. Time from 5.5.95 to 6.22.95 excluded purs. to 18 U.S.C. 3161(h) in the interest of justice..Stanton, J. (gb) (Entered: 06/01/1995)
05/25/1995 ORAL ORDER as to Juval Aviv , reset motion filing deadline for 4:45 6/22/95 for Juval Aviv ( Entered by Judge Louis L. Stanton ) (gb) (Entered: 06/01/1995)
06/22/1995 Pre-trial conference as to Juval Aviv held. Deft pres. w/attys Gerald L. Shargel & Daniel Aharoni. Gov't by Alexandra A.E. Shapiro, AUSA. Court Reporter Katherine Shapiro. Deft's motion(s) due by 8/15/95, govt's answer by 8/29/95. Time from 6/22/95 to 8/15/95 excluded in the interest of justice purs. to 18 USC 3161(h)... STANTON, J. (mk) (Entered: 06/27/1995)
06/22/1995 ORAL ORDER as to Juval Aviv , set motion filing deadline for 8/15/95 for Juval Aviv , Response to motion set for 8/29/95 ( Entered by Judge Louis L. Stanton ) (mk) (Entered: 06/27/1995)
07/03/1995 8 ORDER as to Juval Aviv that deft's bail conditions be altered so that he be permitted to travel outside of the United States on Business on purposes.provided that contact pretrial service prior to each trip and supply the itinerary of such trip.( Signed by Judge Louis L. Stanton ); Copies mailed. (dd) (Entered: 07/14/1995)
08/10/1995 9 Filed Memo-Endorsement on letter to Judge Stanton dtd. 8.7.95..in re: to request a 3 week adj. and to exclude time.. as to Juval Aviv, reset motion filing deadline for 9/5/95 for Juval Aviv , to Continue in Interests of Justice ( Signed by Judge Louis L. Stanton ); Copies mailed. (gb) (Entered: 08/14/1995)
08/31/1995 10 MOTION by Juval Aviv to dismiss the indictment on the ground that it does not allege a crime and/or because it is the product of a vindictive prosecution..with affidavit of Gerald Shargel attach'd.. , Return date 10/17/95 (gb) (Entered: 09/06/1995)
09/05/1995 11 MEMORANDUM by Juval Aviv in support of [10-1] motion to dismiss the indictment on the ground that it does not allege a crime and/or because it is the product of a vindictive prosecution..with affidavit of Gerald Shargel attach'd.. (gb) (Entered: 09/06/1995)
10/03/1995 12 AFFIDAVIT of David S. Edward, Special Agent of FBI Re: as to Juval Aviv. (ys) (Entered: 10/04/1995)
10/03/1995 13 AFFIDAVIT by AUSA Christine H. Chung as to Juval Aviv (ys) (Entered: 10/04/1995)
10/13/1995 14 Filed letter by USA to Judge Stanton dtd. 10.3.95..in re: letter brief in response to the deft's pretrial motion to dismiss the indictment case on grounds that the ind fails to allege a crime and the ind. is the product of a selective prosecution.. (gb) (Entered: 10/17/1995)
10/17/1995 15 MEMORANDUM by Juval Aviv in reply to [14-1] letter-response dtd. 10.3.95 opposing defts motin to dismiss the indictment.. (gb) (Entered: 10/20/1995)
11/03/1995 Pre-trial conference as to Juval Aviv held. Deft. pres. w/atty. Gerald L. Shargel and Daniel Aharoni pres. Gov't by Christine Chung, AUSA. Court reporter Mary Bowman pres. Gov't post motion submission due on or before Monday, Nov. 13, 1995. Deft's reply due on or before Mon. Nov. 27, 1995. Bail cont'd. (Judge Stanton) (ys) (Entered: 11/13/1995)
11/20/1995 16 MEMORANDUM in support by USA claim of the law enforcement privilege as to Juval Aviv in further opposition to dft's motion to dismiss the indictment. (mb) (Entered: 11/27/1995)
11/20/1995 17 DECLARATION of Mathew E. Fishbein AUSA as to Juval Aviv Re: in support of the Govt's claim of the law enforcement privilege...in connection with the in camera and ex parte submission of the Sept. 29, 1995 declaration of Special Agents Peter C. Murray and Tim K. Childs of the FBI. (ys) (Entered: 11/30/1995)
11/20/1995 18 Supplemental declaration by USA as to Juval Aviv Re: In support of the Government's claim of the law enforcement privilege with respect to the declarations submitted by " FBI " special agents. (mb) (Entered: 11/30/1995)
12/22/1995 19 ORDER as to Juval Aviv, the proffered "Declarations" have not been read by the court and will not be. They will not be accepted under seal, save to the extent necessary to identify them for purpose of appeal if desired. They wil lbe returned to the prosecution. Consideration of the motion to dismiss will be deferred for two weeks, to permit the parties to make further submissions in light of this ruling. The prosecution may forego the use of the declarations it may decide they can be shown to the deft with or w/o redactions, it may submit other evidence but on the showing her it cannot expect the court to read or consider them... ( Signed by Judge Louis L. Stanton ); Copies mailed. (gb) (Entered: 01/03/1996)
01/11/1996 20 TRANSCRIPT of record of proceedings as to Juval Aviv for dates of 11/3/95. (rag) (Entered: 01/11/1996)
01/16/1996 21 Declaration of Matthew E. Fishbein by USA as to Juval Aviv (mb) (Entered: 01/23/1996)
01/29/1996 22 MEMORANDUM by Juval Aviv in opposition to the Government's supplemental declaration regarding "Decision To Prosecute". (mb) (Entered: 01/29/1996)
02/06/1996 23 ORDER as to Juval Aviv denying [10-1] motion to dismiss the indictment, or to obtain discovery or a hearing is denied.. ( Signed by Judge Louis L. Stanton ); Copies mailed. (gb) (Entered: 02/08/1996)
02/13/1996 24 MOTION by Juval Aviv for reargument and reconsideration 2/5/96 (mb) (Entered: 02/15/1996)
02/13/1996 25 MEMORANDUM of law by Juval Aviv in support of [24-1] motion for reargument and reconsideration (mb) (Entered: 02/15/1996)
02/29/1996 26 MEMORANDUM of law by USA as to Juval Aviv in opposition to defendant's motion for reconsideration. (mb) (Entered: 03/01/1996)
03/12/1996 27 Reply Memorandum in support of motion for reconsideration by Juval Aviv. (mb) (Entered: 03/12/1996)
03/27/1996 28 Notice of change of address by Juval Aviv effective 3/15/96. (mb) (Entered: 03/28/1996)
04/23/1996 29 ORDER as to Juval Aviv, the dft's. motion for reconsideration is granted. on reconsideration, the court adheres to its denial of the motion. ( Signed by Judge Louis L. Stanton ); Copies mailed. (mb) (Entered: 04/24/1996)
05/03/1996 Pre-trial conference as to Juval Aviv held. Deft present with attys Gerald L. Shargel & Daniel Aharoni. Govt by Christine Chung, AUSA. Court reporter - Tom Murray. Deft's motion in Limine due by 6/3/96. Govt's answer due by 7/12/96. Status conerence set for 7/26/96 at 10:00 am. Voir dire, charges and trial briefs due by noon 11/4/96, Trial set for 11/12/96 at 10:00 am. Time excluded from 5/3/96 to 11/12/96 excluded pursuant to 18USC 3161(h) in the interest of justice. Bail cont'd (Judge Stanton) (mr) (Entered: 05/03/1996)
05/03/1996 ORAL ORDER as to Juval Aviv , set scheduling order deadlines: Motion Filing to 6/3/96 for Juval Aviv ; Response to motion deadline 7/12/96 for USA ; Status Conference for 10:00 7/26/96 for Juval Aviv Jury Trial for 10:00 11/12/96 for Juval Aviv ; ( Entered by Judge Louis L. Stanton ) (mr) (Entered: 05/03/1996)
07/01/1996 30 Filed Memo-Endorsement on letter dated 6,21,96 to Judge Stanton signed by Gerald L. Shargel as to Juval Aviv, requesting defendant's bail conditons be amended to permit defendant to hold his own passport in order that he may Travel more freely....The Government does not object. The application is granted. SO ORDERED... ( Signed by Judge Louis L. Stanton ); Copies mailed. (mr) (Entered: 07/05/1996)
07/09/1996 31 TRANSCRIPT of record of proceedings as to Juval Aviv for dates of 5/3/96 before Judge Stanton. (mr) (Entered: 07/09/1996)
07/19/1996 32 MEMORANDUM by USA as to Juval Aviv in opposition to defendant's pre-trial motion in limine. (mr) (Entered: 07/22/1996)
10/08/1996 33 ORDER as to Juval Aviv, set pretrial conference for 10/23/96 for Juval Aviv , and Time ecluded from 10/23/96 until 11/12/96 to Continue in Interests of Justice ( Signed by Judge Louis L. Stanton ); Copies mailed. (mr) (Entered: 10/08/1996)
10/22/1996 34 Filed Memo-Endorsement on letter dated 10/22/96 to judge Stanton from Gerald Shargel, esq. as to Juval Aviv. Re: Letter motion for in limine rulings. Application denied. So Ordered. ( Signed by Judge Louis L. Stanton ). (mb) (Entered: 10/24/1996)
10/23/1996 Pre-trial conference as to Juval Aviv held. Defendant (attorney Gerald L. Shargel and Daniel Ahorini present). government by Christine Chung, AUSA. Court Reporter-Carol Sherman. Status conference set for 10/30/96 at 5:00 pm. Bail continued. (Judge Stanton) (mr) (Entered: 10/24/1996)
10/23/1996 ORAL ORDER as to Juval Aviv , set status conference for 5:00 10/30/96 for Juval Aviv ( Entered by Judge Louis L. Stanton ) (mr) (Entered: 10/24/1996)
10/24/1996 35 Filed letter dated 8/1/96 to Judge Stanton from Gerald Shargel, Esq. as to Juval Aviv. Re: Letter in reply to the Govt's. submission in opposition to dft. motion in limine. (mb) (Entered: 10/24/1996)
10/24/1996 36 Filed letter dated 6/4/96 to Judge Stanton from Gerald Shargel, Esq. as to Juval Aviv. Re: Submission of letter brief in support of application in limine. (mb) (Entered: 10/24/1996)
10/30/1996 Status conference as to Juval Aviv held. Defendant present with attorneys Gerald Shargel, Daniel Aharoni and Vivian Shevitz. Government by Christine Chung, AUSA and Susan Brune, AUSA. Court reporter - Paula Spear. Court set status conference for 11/6/96 at 11:00 am. Bail continued. (Judge Stanton) (mr) (Entered: 11/08/1996)
10/30/1996 ORAL ORDER as to Juval Aviv , set status conference for 11:00 11/6/96 for Juval Aviv ( Entered by Judge Louis L. Stanton ) (mr) (Entered: 11/08/1996)
11/01/1996 Pre-trial conference as to Juval Aviv held. Defendant present with attorney Gerald L. Shargel. Government by AUSA Christine Chung, AUSA Susan Brune and AUSA Patrick Fitgerld. Court reporter Martha Hess present. Court adjourns trial from 11/12/96 to 12/9/96 at 10:00 am. Voir dire, charges and trial briefs due by 12/2/96. Time from 11/1/96 to 12/9/96 excluded pursuant to 18 USC 31619 (h) in the interest of justice. Bail continued. (Judge Stanton) (mr) (Entered: 11/08/1996)
11/01/1996 ORAL ORDER as to Juval Aviv , reset Jury trial for 10:00 12/9/96 for Juval Aviv ( Entered by Judge Louis L. Stanton ) (mr) (Entered: 11/08/1996)
11/06/1996 Status conference as to Juval Aviv held. Defendant present with attorneys Gerald Shargel, Susan Brune and Andrew McCarthy. Court reporter-Mary Reilly Bowman. Bail continued. (Judge Stanton) (mr) (Entered: 11/08/1996)
11/12/1996 37 SUPERSEDING INDICTMENT as to Juval Aviv (1) count(s) 1s, 2s-3s (rag) (Entered: 11/14/1996)
11/21/1996 Arraignment as to Juval Aviv held Juval Aviv (1) count(s) 1s, 2s-3s before. Deft. present w/atty Sarita Kedia. AUSA Mark Godsey present. Deft. pleads n/g. Case previously assigned to Judge Stanton. Bail cont'd $50,000 PRB- 2 FRP-SU PP. (rag) (Entered: 11/22/1996)
11/21/1996 PLEA entered by Juval Aviv . Court accepts plea. Not Guilty: Juval Aviv (1) count(s) 1s, 2s-3s (rag) (Entered: 11/22/1996)
11/21/1996 38 NOTICE of Appearance for Juval Aviv by retained Attorney Sarita Kedia. (mb) (Entered: 11/25/1996)
11/29/1996 39 TRANSCRIPT of record of proceedings as to Juval Aviv for dates of 10/23/96. (rag) (Entered: 11/29/1996)
12/02/1996 41 Filed dft's. Voir Dire Requests. (mb) (Entered: 12/04/1996)
12/02/1996 43 Proposed Examination of Jurors by USA as to Juval Aviv. (mb) (Entered: 12/04/1996)
12/02/1996 44 Dft's. Trial Brief by Juval Aviv (mb) (Entered: 12/04/1996)
12/03/1996 40 TRANSCRIPT of record of proceedings as to Juval Aviv for dates of 10/30/96 before Judge Stanton. (rag) (Entered: 12/03/1996)
12/04/1996 42 Request to Charge by USA (mb) (Entered: 12/04/1996)
12/04/1996 45 Request to Charge by Juval Aviv. (mb) (Entered: 12/04/1996)
12/04/1996 46 ORDER as to Juval Aviv, (1) The govt's request for defense production of documents is denied, since the defense states the defense states it will not call Ahent Gindin; (2) The defense request for a Wade Hearing is denied (3) The suggestion that trial be delayed is denied. Trial will commence at 10:00 A.m. on 12/9/96 and continue daily through 12/13/96 resuming on 12/16/96 for another five-day trial week if necessary, The trial will be conducted during the week of 12/23-12/27, 1996. So Ordered. ( Signed by Judge Louis L. Stanton ); Copies mailed. (mb) (Entered: 12/09/1996)
12/09/1996 Voir dire begun as to Juval Aviv (1) count(s) 1s, 1, 2s-3s, 2-3 Terminated motions: (mr) (Entered: 12/18/1996)
12/09/1996 Jury trial as to Juval Aviv begun. Defendant present with attorneys Shargel, Shevitt and Aharoni present. Government by AUSA Connied Chung and Susan Brune. Court Reporter-Kathy Klepfer. Jury is emplanelled and sworn. Trial begun. (mr) (Entered: 12/18/1996)
12/10/1996 Jury trial as to Juval Aviv held (mr) (Entered: 12/18/1996)
12/11/1996 Jury trial as to Juval Aviv held (mr) (Entered: 12/18/1996)
12/12/1996 Jury trial as to Juval Aviv held (mr) (Entered: 12/18/1996)
12/13/1996 Jury trial as to Juval Aviv held (mr) (Entered: 12/18/1996)
12/16/1996 Jury trial as to Juval Aviv concluded. Jury finds defendant not guilty on Count 1,2, and 3. Court dismisses original. (Judge Stanton) (mr) (Entered: 12/18/1996)
12/16/1996 JURY VERDICT as to Juval Aviv Not Guilty: Juval Aviv (1) count(s) 1s, 2s-3s (mr) (Entered: 12/18/1996)
12/16/1996 DISMISSAL of Count(s) on Court or Defendant Motion as to Juval Aviv Terminated motions: Counts Dismissed: Juval Aviv (1) count(s) 1, 2-3 (mr) (Entered: 12/18/1996)
12/17/1996 47 FILED JUDGMENT in a CRIMINAL CASE. The defendant Juval Aviv (1) was acquitted on count(s) 1s, 2s -3s . The defendant was found not guilty. It is ordered that the defendant is acquitted, discharged, and any bond exonerated. , Juval Aviv (1) count(s) 1, 2 -3 . Court dismissed original. ; Judgment and Commitment issued to U.S. Marshal ( Signed by Judge Louis L. Stanton ) (mr) (Entered: 12/18/1996)
01/02/1997 48 TRANSCRIPT of record of proceedings as to Juval Aviv for dates of 11/6/96 before Judge Stanton. (mb) Modified on 01/03/1997 (Entered: 01/03/1997)
01/02/1997 49 TRANSCRIPT of record of proceedings as to Juval Aviv for dates of 11/1/96 before Judge Stanton. (rag) (Entered: 01/03/1997)
02/13/1997 50 Filed Memo-Endorsement on letter dated 1/27/97 to Judge Stanton from Juval Aviv, Esq. as to Juval Aviv. Response from AUSA. Application granted. So ordered. AUSA Atty. Fishbein or Chung or both are granted until 2/21/97 to respond. ( Signed by Judge Louis L. Stanton ); Copies mailed. (mb) (Entered: 02/14/1997)
02/28/1997 51 TRANSCRIPT of record of proceedings as to Juval Aviv for dates of Dec.9-13,16,1996 before Judge Stanton. (rag) (Entered: 02/28/1997)

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