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
DefendantJuval Aviv (1)
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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 |
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Pending CountsNone |
Disposition |
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Highest Offense Level (Opening)None |
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Highest Offense Level (Terminated)Felony |
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ComplaintsNone |
Disposition |
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PlaintiffUnited 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) |