CLOSED

U.S. District Court
United States District Court for the Western District of Washington (Seattle)
CRIMINAL DOCKET FOR CASE #: 2:04-cr-00229-RSL-2


Case title: USA et al v. Andersen et al

Date Filed: 05/11/2004

Date Terminated: 08/15/2008

Assigned to: Judge Robert S. Lasnik
Appeals court case numbers: '06-30430', '08-30312'

Defendant (2)
David Struckman
TERMINATED: 08/15/2008
represented byBrian Mahany
LAW OFFICE OF ROBERT G. BERNHOFT S.C.
207 E BUFFALO ST
SUITE 600
MILWAKEE, WI 53202
414-276-3333
Fax: 414-276-2822
Email: bhmahany@bernhoftlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Christopher J Ertl
ROBERT G BERNHOFT
207 E BUFFALO ST
STE 600
MILWAUKEE, WI 53202
414-276-3333
Fax:
Email: cjertl@bernhoftlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Jesse Guerrero Cantor
FEDERAL PUBLIC DEFENDER'S OFFICE (SEA)
1601 5TH AVE
STE 700 WESTLAKE CENTER OFFICE TOWER
SEATTLE, WA 98101
206-553-1100
Email: jesse_cantor@fd.org
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: CJA Appointment

Robert E Barnes
ROBERT G BERNHOFT
207 E BUFFALO ST
STE 600
MILWAUKEE, WI 53202
414-276-3333
Email: rebarnes@bernhoftlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Robert G Bernhoft
ROBERT G BERNHOFT
207 E BUFFALO ST
STE 600
MILWAUKEE, WI 53202
414-276-3333
Email: rgbernhoft@bernhoftlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Jeffrey A Dickstein
ROBERT G BERNHOFT
207 E BUFFALO ST
STE 600
MILWAUKEE, WI 53202
TERMINATED: 02/01/2007
Designation: Retained

Pending Counts

Disposition
None

Highest Offense Level (Opening)
None

Terminated Counts

Disposition
CONSPIRACY TO DEFRAUD THE UNITED STATES 18:371
(1)
DISMISSED
CONSPIRACY TO DEFRAUD THE UNITED STATES 18:371
(1s)
Deft is committed to the custody of AG for a term of 70 months. As to Count 1 in custody for a term of 40 months. As to Counts 8 & 9, in custody for a term of 40 months. As to Count 10, in custody for a term of 30 months. The terms of imprisonment on Count 8 and 9, are to run concurrent to each other, and concurrently to Count 1. The term of imprisonment on Count 10 is to run consecutive to Counts 1,8,9. Defendant shall receive credit for 30 months as time served. The court makes the recommendations to the Bureau of Prisons: Deft be placed at Federal Correctional Institute (FCI) Terminal Island, CA. Upon release from imprisonment, the defendant shall be on supervised release for a term of 3 yrs w/conditions. Fine-waived; $400 specias assessments; $2,938,267 - Restitution.
TAX EVASION 26:7201
(8s-10s)
Deft is committed to the custody of AG for a term of 70 months. As to Count 1 in custody for a term of 40 months. As to Counts 8 & 9, in custody for a term of 40 months. As to Count 10, in custody for a term of 30 months. The terms of imprisonment on Count 8 and 9, are to run concurrent to each other, and concurrently to Count 1. The term of imprisonment on Count 10 is to run consecutive to Counts 1,8,9. Defendant shall receive credit for 30 months as time served. The court makes the recommendations to the Bureau of Prisons: Deft be placed at Federal Correctional Institute (FCI) Terminal Island, CA. Upon release from imprisonment, the defendant shall be on supervised release for a term of 3 yrs w/conditions. Fine-waived; $400 specias assessments; $2,938,267 - Restitution.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byCarl Blackstone
US ATTORNEY'S OFFICE (SEA)
700 STEWART ST
STE 5220
SEATTLE, WA 98101-1271
206-553-7970
Email: ECF-CRM.USAWAW@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Christopher J Maietta
US DEPARTMENT OF JUSTICE
600 E ST NW
WASHINGTON, DC 20530
202-616-3866
Email: christopher.j.maietta@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Jeffrey C Sullivan
US ATTORNEY'S OFFICE (SEA)
700 STEWART ST
STE 5220
SEATTLE, WA 98101-1271
206-553-7970
Email: ECF-CRM.USAWAW@usdoj.gov
TERMINATED: 06/18/2004

Kathryn A Warma
US ATTORNEY'S OFFICE (SEA)
700 STEWART ST
STE 5220
SEATTLE, WA 98101-1271
206-553-7970
Email: ECF-CRM.USAWAW@usdoj.gov
TERMINATED: 06/30/2006

Lori A Hendrickson
US DEPT OF JUSTICE, TAX DIVISION
CRIMINAL SECTION
601 D STREET NW
STE 7024
WASHINGTON, DC 20004
202-514-5762
Email: Lori.A.Hendrickson@usdoj.gov
ATTORNEY TO BE NOTICED

Mark T Odulio
US DEPARTMENT OF JUSTICE
600 E ST NW
WASHINGTON, DC 20530
202-616-3866
Email: mark.t.odulio@usdoj.gov
TERMINATED: 10/22/2007

Michael J Watling
US DEPT OF JUSTICE TAX DIVISION
601 D ST NW
ROOM 7025
WASHINGTON, DC 20004
202-616-9307
Email: michael.j.watling@usdoj.gov
ATTORNEY TO BE NOTICED

Larry J Wszalek
US DEPARTMENT OF JUSTICE
600 E ST NW
WASHINGTON, DC 20530
202-616-3866
Fax: FAX 1-202-514-9623
Email: larry.j.wszalek@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
05/04/20042 AMENDED Arrest Warrant Issued as to David Struckman. (HAZ, )[2:04-mj-00255-MJB *SEALED*] (Entered: 05/05/2004)
05/11/20048 INDICTMENT as to Daniel Andersen (1) count(s) 1, David Struckman (2) count(s) 1, Lorenzo Lamantia (3) count(s) 1, Kuldip Singh (4) count(s) 1, Dwayne Robare (5) count(s) 1. (Attachments: # 1 Status Sheet) (JK, ) (Entered: 05/12/2004)
05/11/200410 ORDER ISSUING BENCH WARRANT as to David Struckman by Judge Monica J. Benton. (JK, ) (Entered: 05/12/2004)
05/11/200415 Bench Warrant Issued as to David Struckman. (JK, ) (Entered: 05/12/2004)
05/12/200419 NOTICE of Related Case 03-88 and 02-423 filed by attorney Kathryn A Warma. (Warma, Kathryn) (Entered: 05/12/2004)
05/12/2004 Case unsealed Dft seen in Boston 5/12/04(JK, ) (Entered: 05/13/2004)
06/18/200442 NOTICE OF ATTORNEY SUBSTITUTION Larry J Wszalek is substituted as counsel for USA. Attorney Jeffrey C Sullivan terminated. (Wszalek, Larry) (Entered: 06/18/2004)
06/18/200443 NOTICE OF ATTORNEY APPEARANCE Mark T Odulio appearing for USA. (Odulio, Mark) (Entered: 06/18/2004)
07/02/200449  MOTION to Unseal Document Search Warrants and Affidavits by USA as to Daniel Andersen, David Struckman, Lorenzo Lamantia, Dwayne Robare, Kuldip Singh. Noting Date 7/16/2004. (Attachments: # 1 Proposed Order)(Warma, Kathryn) (Entered: 07/02/2004)
07/20/200453 MINUTE ORDER REASSIGNING CASE Case reassigned to Judge Robert M Takasugi, U.S. Senior Judge for the Central District of CA, for all further proceedings. (cc: PTS, CR Deck Clk) (KERR, ) (Entered: 07/21/2004)
08/05/200460 First MOTION to Vacate Trial Date by USA as to Daniel Andersen, David Struckman, Lorenzo Lamantia, Dwayne Robare, Kuldip Singh. Noting Date 8/13/2004. (Attachments: # 1)(Warma, Kathryn) (Entered: 08/05/2004)
08/06/200462 JOINT STATUS REPORT AND MOTION to Vacate Trial Dateby parties (RS, ) (Entered: 08/10/2004)
08/09/200463 ORDER CONTINUING TRIAL DATE as to Daniel Andersen, David Struckman, Lorenzo Lamantia, Dwayne Robare, Kuldip Singh by Judge Robert M Takasugi. (cc: PTS/USPO, USMO) Jury Trial continued to 4/19/2005 before Hon. Robert M Takasugi. Motions due by 1/31/2005; time excluded. (RS, ) (Entered: 08/10/2004)
08/31/200470 ORDER granting 49 Motion to Unseal search and seizure warrants and applications by Judge Robert M Takasugi. (RS, ) (Entered: 09/02/2004)
09/20/200471  MOTION to Dismiss and for injunctive relief by David Struckman (pro se). Not filed with noting date; Noting Date 10/1/2004.(RS, ) (Entered: 09/21/2004)
09/21/200472 NOTICE by David Struckman (pro se) of an alibi defense, etc (RS, ) (Entered: 09/22/2004)
10/04/200474 ORDER denying 71 Motion to Dismiss Defendant as to David Struckman (2) by Judge Robert M Takasugi. (RS, ) (Entered: 10/05/2004)
10/04/200476 NOTICE OF APPEAL by David Struckman re 74 Order on Motion to Dismiss Defendant (phone calls made to 9th Circuit CCA, AUSA attorney Wszalek & courtroom deputy for Judge Takasugi on processing notice of appeal. No address for defendant/appellant Struckman. Documents faxed to Judge Takasugi 10/18/04) (SA, ) (Entered: 11/01/2004)
10/04/2004 Appeal Fees NOT received: FEE NOT PAID as to David Struckman re 76 Notice of Appeal, (SA, ) (Entered: 11/01/2004)
11/01/200477 TIME SCHEDULE ORDER as to 76 Notice of Appeal, filed by David Struckman,. A non-designation will be filed, or the transcript(s) will be ordered by 11/22/04; Transcripts due by 12/22/04; Appellant opening brief due by 1/31/05; Appellee response brief due by 3/2/05; Appellant optional reply brief due by 3/16/05. (SA, ) (Entered: 11/01/2004)
11/01/200478 APPEAL NOTIFICATION packet as to David Struckman sent to US Court of Appeals re 76 Notice of Appeal, (per lead docket clerk @ CCA) (Attachments: # 1 Docket)(SA, ) (Entered: 11/01/2004)
04/04/200599 MANDATE of USCA (04-30460) as to David Struckman re 76 Notice of Appeal, This appeal is DISMISSED for failure to prosecute.(SA) (Entered: 04/08/2005)
07/20/2005131 SUPERSEDING INDICTMENT as to Daniel Andersen (1) count(s) 1s, David Struckman (2) count(s) 1s, 8s-10s, Lorenzo Lamantia (3) count(s) 1s, 2s-4s, Kuldip Singh (4) count(s) 1s, 5s-7s, Dwayne Robare (5) count(s) 1ss. (Attachments: # 1 Status Sheet) (JK, ) (Entered: 07/22/2005)
07/20/2005132 SEALED Signature Page to 131 Indictment, as to Daniel Andersen, David Struckman, Lorenzo Lamantia, Dwayne Robare, Kuldip Singh. (JK, ) (Entered: 07/22/2005)
07/20/2005135 ORDER ISSUING BENCH WARRANT as to David Struckman by Judge Philip K. Sweigert. (Attachments: # 1 Warrant) (JK, ) (Entered: 07/22/2005)
08/15/2005143  MOTION to Continue Trial by USA as to David Struckman, Lorenzo Lamantia, Kuldip Singh. Noting Date 8/15/2005. (Attachments: # 1 Proposed Order)(Odulio, Mark) (Entered: 08/15/2005)
09/30/2005147  MOTION for Discovery Request for In Camera Review by USA as to David Struckman, Lorenzo Lamantia, Kuldip Singh. Noting Date 09/30/2005.(Odulio, Mark) (Entered: 09/30/2005)
11/30/2005159  MOTION for Disclosure Presentence Report of Daniel Andersen for In Camera Review by USA as to Daniel Andersen, David Struckman, Lorenzo Lamantia, Dwayne Robare, Kuldip Singh. Noting Date 11/30/2005. (Attachments: # 1 Proposed Order # 2 Exhibit)(Odulio, Mark) (Entered: 11/30/2005)
02/07/2006178 Rule 5(c)(3) Documents Received as to David Struckman Documents received from Southern Dist of Texas, Houston include file, docket sheet, etc. (Attachments: # 1 exh 2# 2 exh 3# 3 exh 4-8# 4 exh 9-11# 5 exh 12# 6 exh 13) Note: Clerk sealed attachments as they contain personal information(RS, ) (Entered: 02/10/2006)
02/17/2006179  MOTION for Detention by USA as to David Struckman. (HAZ, ) (Entered: 02/21/2006)
02/17/2006180 Minute Entry for proceedings held before Judge James P. Donohue - CRD: HAZ; AUSA: K HERMANNS; Def Cnsl: J CANTOR - INITIAL ONLY; PTS: C KNUDSEN; Digital Recording: Y;Time of Hearing: 2:30PM; Courtroom: 12B; INITIAL APPEARANCE as to David Struckman held on 2/17/2006. CT appoints CJA counsel for initial only. Defendant to submit financial affidavit for further court appointed representation. Defendant(s) advised of rights and charges. Govt moves for detention, hearing set. Defendant(s) remanded to custody.

Arraignment set for 2/23/2006 at 03:30 PM before James P. Donohue. Detention Hearing set for 2/23/2006 at 03:30 PM before James P. Donohue. (HAZ, ) (Entered: 02/21/2006)

02/21/2006181 CJA 20 as to David Struckman: Appointment of Attorney Jesse Guerrero Cantor for David Struckman signed by Judge James P. Donohue.(MD, ) (Entered: 02/22/2006)
02/21/2006182 Arrest Warrant Returned Executed on 2/17/06 in case as to David Struckman. (MD, ) (Entered: 02/22/2006)
02/21/2006 Arrest of David Struckman on 2/21/2006 re: superseding indictment. (MD, ) (Entered: 02/22/2006)
02/22/2006183 NOTICE OF RESCHEDULED HEARING as to David Struckman (cc: USPO, PTS, USMO) Arraignment and possible Detention Review has been re-set for 3/16/2006 at 09:30 AM in Courtroom 12B before Hon. Monica J. Benton. (JN, ) (Entered: 02/22/2006)
03/13/2006184 APPLICATION AND ORDER as to deft David Struckman admitting Robert G Bernhoft pro hac vice Receipt #: 321025 (MD, ) (Entered: 03/13/2006)
03/13/2006185 APPLICATION AND ORDER as to David Struckman admitting Jeffrey A Dickstein pro hac vice Receipt #: 321025 (MD, ) (Entered: 03/13/2006)
03/16/2006186 Minute Entry for proceedings held before Judge Monica J. Benton - CRD: Agalelei Elkington; AUSA: Larry Wszalek, Mark Odulio; Def Cnsl: Jesse Cantor, Jeffrey Dickstein, Robert Bernhoft; PTS: Courtney Knudsen; Court Reporter: Digital Recording; Time of Hearing: 9:30am; Courtroom: 12B; ARRAIGNMENT as to David Struckman (2) held on 3/16/2006.

Defendant present in custody. Defendant advised of charges and penalties. Defendant(s) pleads NOT GUILTY to all charges. Defense Counsel requests discovery pursuant to Local Rule. Defense counsel requests new dates pursuant to the voluminous discovery and investigation involved. Counsel to file written motions. Defense request a detention hearing. Defense briefing regarding detention due on or before: 4/6/06 ; Government reply due on or before:4/13/06. Defendant remanded to custody. Motions due by 4/6/2006; Jury Trial is set for 5/8/2006 at 09:00 AM in Courtroom 18106 before Hon. Robert M Takasugi. (AE, ) (Entered: 03/16/2006)

03/24/2006187 Joint MOTION to Continue Trial by USA as to David Struckman. Noting Date 3/24/2006. (Attachments: # 1 Proposed Order)(Odulio, Mark) (Entered: 03/24/2006)
03/27/2006188 WAIVER of Speedy Trial by David Struckman (Attachments: # 1 Certificate of Service upon USA# 2)(Dickstein, Jeffrey) (Entered: 03/27/2006)
03/28/2006194 ORDER CONTINUING TRIAL DATE as to David Struckman granting 187 Joint MOTION to Continue Trial filed by USA, by Judge Robert M Takasugi. (cc: PTS/USPO, USMO) Jury Trial is set for 1/29/2007 before Hon. Robert M Takasugi. Motions due by 11/15/2006; Status Conference set for 12/5/2006 at 09:30 AM before Hon. Robert M Takasugi. (RS, ) (Entered: 03/29/2006)
04/05/2006196  MOTION for Leave to File Excess Pages by David Struckman. Noting Date 4/14/2004. (Attachments: # 1 Certificate of Service)(Dickstein, Jeffrey) (Entered: 04/05/2006)
04/05/2006197  MOTION for Detention Release by David Struckman. Noting Date 4/14/2006. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Certificate of Service)(Dickstein, Jeffrey) (Entered: 04/05/2006)
04/12/2006198 RESPONSE, by USA as to David Struckman, to 197 MOTION for Detention Release. (Attachments: # 1)(Odulio, Mark) (Entered: 04/12/2006)
04/19/2006199 REPLY, by David Struckman, TO RESPONSE to 197 MOTION for Detention Release (Attachments: # 1 Certificate of Service)(Dickstein, Jeffrey) (Entered: 04/19/2006)
05/03/2006200 NOTICE of Unavailability of attorney Jesse Guerrero Cantor from 7/25/2006 to 7/28/2006 (Cantor, Jesse) (Entered: 05/03/2006)
05/03/2006201 NOTICE of Unavailability of attorney Jesse Guerrero Cantor from 8/29/2006 to 9/1/2006 (Cantor, Jesse) (Entered: 05/03/2006)
05/05/2006202 ORDER denying 197 Motion for Detention Pending Trial as to David Struckman (2) by Judge Robert M Takasugi. (RS, ) (Entered: 05/08/2006)
05/15/2006203  MOTION for Reconsideration re 197 MOTION for Detention Release by David Struckman. (Attachments: # 1 Certificate of Service)(Dickstein, Jeffrey) (Entered: 05/15/2006)
05/19/2006204 RESPONSE, by USA as to David Struckman, to 203 MOTION for Reconsideration re 197 MOTION for Detention Release. (Attachments: # 1 Appendix Transcript Initial Appearance. 2/17/06# 2 Appendix Transcript Arraignment. 3/16/06)(Wszalek, Larry) (Entered: 05/19/2006)
05/19/2006205 TRANSCRIPT of proceedings filed as to David Struckman for the following date(s): 02/17/06 Initial Appearance before Judge James P. Donohue, (re 76 Notice of Appeal) Court Reporter: Brian Killgore. (LMK) (Entered: 05/24/2006)
05/19/2006206 TRANSCRIPT of proceedings filed as to David Struckman for the following date(s): 03/16/06, Arraignment Hearing before Judge Monica J. Benton, (re 76 Notice of Appeal, ) Court Reporter: Brian Killgore. (LMK, ) (Entered: 05/24/2006)
05/23/2006207 ORDER vacating 5/5/06 Order and referring matter to Magistrate Judge Benton; granting 203 MOTION for Reconsideration re 197 MOTION for Detention Release filed by David Struckman, by Judge Robert M Takasugi. (RS, ) (Entered: 05/24/2006)
05/23/2006 MOTIONS REFERRED: as to David Struckman re 197 MOTION for Detention Releaseis referred to Judge Monica J. Benton (RS, ) (Entered: 05/24/2006)
05/25/2006208  MOTION to Expedite Detention Hearing by David Struckman. Noting Date 5/25/2006. (Attachments: # 1 Certificate of Service)(Dickstein, Jeffrey) Modified duplicative text on 5/26/2006 (ECS, ). (Entered: 05/25/2006)
05/26/2006209 ORDER as to David Struckman re 197 MOTION for Detention Release filed by David Struckman, by Judge Monica J. Benton. (cc: PTS) (RS, ) (Entered: 05/26/2006)
05/26/2006210 AMENDED ORDER as to David Struckman re 197 MOTION for Detention Release filed by David Struckman, by Judge Monica J. Benton. (cc PTS) (RS, ) (Entered: 05/26/2006)
06/01/2006211 ORDER denying 197 MOTION for Detention Release filed by David Struckman, by Judge Monica J. Benton. (cc: pts) (RS, ) (Entered: 06/01/2006)
06/15/2006212  MOTION for Leave to File Excess Pages by David Struckman. Noting Date 6/23/2006. (Attachments: # 1 Certificate of Service)(Dickstein, Jeffrey) (Entered: 06/15/2006)
06/15/2006213  MOTION for Detention Release and Setting Bail by David Struckman. Noting Date 6/23/2006. (Attachments: # 1 Brief in Support of Motion# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C-1# 5 Exhibit C-2# 6 Exhibit D# 7 Certificate of Service)(Dickstein, Jeffrey) (Entered: 06/15/2006)
06/23/2006214 RESPONSE, by USA as to David Struckman, to 213 MOTION for Detention Release and Setting Bail. (Odulio, Mark) (Entered: 06/23/2006)
06/27/2006215 REPLY, by David Struckman, TO RESPONSE to 213 MOTION for Detention Release and Setting Bail (Attachments: # 1 Certificate of Service)(Dickstein, Jeffrey) (Entered: 06/27/2006)
06/30/2006216 NOTICE OF ATTORNEY SUBSTITUTION Kathryn A Warma is substituted as counsel for USA. (Warma, Kathryn) (Entered: 06/30/2006)
07/24/2006218 ORDER denying 213 Motion for release from detention and bail as to David Struckman (2) by Judge Robert M Takasugi. (RS, ) (Entered: 07/25/2006)
08/03/2006219  APPEAL of Detention Order Noting Date 8/3/2006. (Attachments: # 1 Certificate of Service)(Dickstein, Jeffrey) (Entered: 08/03/2006)
08/03/2006 ***Motions terminated as to David Struckman: 219 APPEAL of Detention Order. Appeal event used noted this as a motion. This Appeal will be re-filed using Notice of Appeal. (VB, ) (Entered: 08/03/2006)
08/03/2006220 NOTICE OF APPEAL (06-30430) by David Struckman re 218 Order on Motion for Detention. Filing Fee: $455, receipt number 937272. (Attachments: # 1 Certificate of Service)(Dickstein, Jeffrey) Modified on 8/7/2006 added CCA case number(LMK, ). (Entered: 08/03/2006)
08/03/2006 Appeal Fees received $ 455, receipt number SEA3011 as to David Struckman re 220 Notice of Appeal: (LMK, ) (Entered: 08/03/2006)
08/03/2006221 APPEAL NOTIFICATION packet as to David Struckman sent to US Court of Appeals re 220 Notice of Appeal (Attachments: # 1 Docket)(LMK, ) (Entered: 08/03/2006)
08/07/2006222 USCA Case Number as to David Struckman 06-30430 for 220 Notice of Appeal filed by David Struckman,. (LMK, ) (Entered: 08/07/2006)
09/08/2006223 ORDER of USCA (06-30430) as to David Struckman re 220 Notice of Appeal; Appellee's motion for extension of time to file a response to appellant's memorandum is GRANTED. Response is due 09/12/06; optional reply brief due 09/19/06 (LMK, ) (Entered: 09/12/2006)
10/02/2006226 MANDATE of USCA (not certified ) as to David Struckman re 220 Notice of Appeal; The district court found the government has met the burden of showing that the appellant constitutes a flight risk and there is no conditions or combination of conditions that will assure appellant's appearance as required. The district court's detention order is AFFIRMED. (LMK, ) (Entered: 10/02/2006)
10/10/2006228  MOTION for Disclosure Draft Presentence Reports by USA as to David Struckman. Noting Date 10/10/2006. (Attachments: # 1 Proposed Order)(Odulio, Mark) (Entered: 10/10/2006)
10/11/2006230  MOTION to Seal Document by USA as to David Struckman. Noting Date 10/20/2006. (Attachments: # 1 Proposed Order)(Odulio, Mark) (Entered: 10/11/2006)
10/20/2006232 ORDER granting 230 Motion to Seal Document as to David Struckman (2) by Judge Robert M Takasugi. (RS, ) (Entered: 10/23/2006)
10/23/2006234 MANDATE of USCA (06-30430) as to David Struckman re 220 Notice of Appeal the judgment of the said District Court is hereby AFFIRMED.(SA, ) Additional attachment(s) added on 10/26/2006, attached correct document. (SA) (Entered: 10/24/2006)
10/24/2006233  MOTION Temporary Release to Review Discovery by David Struckman. Noting Date 11/3/2006. (Attachments: # 1 Proposed Order)(Dickstein, Jeffrey) (Entered: 10/24/2006)
10/30/2006235 RESPONSE, by USA as to David Struckman, to 233 MOTION Temporary Release to Review Discovery. (Odulio, Mark) (Entered: 10/30/2006)
11/08/2006236 ORDER denying 233 Motion as to David Struckman (2) for temporary release from detention by Judge Robert M Takasugi. (RS, ) (Entered: 11/08/2006)
11/13/2006237  MOTION in Limine Number 1 by USA as to David Struckman. Noting Date 11/13/2006.(Odulio, Mark) (Entered: 11/13/2006)
11/13/2006238  MOTION in Limine Number 2 by USA as to David Struckman. Noting Date 11/13/2006.(Odulio, Mark) (Entered: 11/13/2006)
11/13/2006239  MOTION in Limine Number 3 by USA as to David Struckman. Noting Date 11/13/2006.(Odulio, Mark) (Entered: 11/13/2006)
11/15/2006240  MOTION to Dismiss Count(s) Eight, Nine and Ten by David Struckman. Noting Date 11/24/2006.(Bernhoft, Robert) (Entered: 11/15/2006)
11/15/2006241  MOTION Strike Surplusage from the Indictment by David Struckman. Noting Date 11/24/2006.(Bernhoft, Robert) (Entered: 11/15/2006)
11/15/2006242  MOTION to Compel Disclosure of All Exculpatory Material - Relevant Government Records by David Struckman. Noting Date 11/24/2006.(Bernhoft, Robert) (Entered: 11/15/2006)
11/15/2006243  MOTION to Compel Disclosure of Grand Jury Records by David Struckman. Noting Date 11/24/2006.(Bernhoft, Robert) (Entered: 11/15/2006)
11/15/2006244  MOTION to Compel Immediate Disclosure of All Exculpatory Material - Informants and Government Cooperators by David Struckman. Noting Date 11/24/2006.(Bernhoft, Robert) (Entered: 11/15/2006)
11/15/2006245  MOTION to Compel Disclosure of all Jencks Material by David Struckman. Noting Date 11/24/2006.(Bernhoft, Robert) (Entered: 11/15/2006)
11/15/2006246  MOTION to Compel Immediate Disclosure of All Exculpatory Material - Government Witnesses by David Struckman. Noting Date 11/24/2006.(Bernhoft, Robert) (Entered: 11/15/2006)
11/20/2006249 Minute Entry for proceedings held before Judge Robert M Takasugi - CRD: Heidi Hricko; Court Reporter: not recorded; IN CHAMBERS CONFERENCE as to David Struckman held on 11/20/2006. Counsel to meet and confer in an attempt to resolve motions to compel; joint statement due 12/1/06; responses to dft's motions to dismiss, strike and compel due 12/8/06; dft's cnsl to file response to govt's motions in limine by 12/8/06 (RS, ) (Entered: 11/22/2006)
11/27/2006250 RESPONSE, by USA as to David Struckman, to 240 MOTION to Dismiss Count(s) Eight, Nine and Ten. (Odulio, Mark) (Entered: 11/27/2006)
11/27/2006251 RESPONSE, by USA as to David Struckman, to 241 MOTION Strike Surplusage from the Indictment. (Odulio, Mark) (Entered: 11/27/2006)
11/27/2006252 Minute Entry for proceedings held before Judge Robert M Takasugi - CRD: Heidi M. Hricko; Larry J Wszalek/Christopher J Maietta/Asst US Attorney (Not Present). PROCEEDINGS: IN CHAMBERS CONFERENCE/MINUTE ORDER-NOTICE as to deft David Struckman held on 11/27/2006. ON THE COURT'S own motion, the Status/Pretrial Conference on calendar for December 5, 2006 at 9:30a.m. is HEREBY CONTINUED. Pretrial Conference CONTINUED TO 12/12/2006 at 09:30 AM before Hon. Robert M Takasugi. (MD, ) (Entered: 11/30/2006)
12/01/2006253 STATUS MEMORANDUM re: Defendant Motions to Compel by USA as to David Struckman (Wszalek, Larry) (Entered: 12/01/2006)
12/06/2006254 APPLICATION AND ORDER as to David Struckman admitting Christopher J Ertl pro hac vice Receipt #: SEA 5718 (RS, ) (Entered: 12/06/2006)
12/06/2006255 APPLICATION AND ORDER as to David Struckman admitting Robert E Barnes pro hac vice Receipt #: SEA 5717 (RS, ) (Entered: 12/06/2006)
12/07/2006256  MOTION to Seal Document by USA as to David Struckman. Noting Date 12/15/2006. (Attachments: # 1 Proposed Order)(Odulio, Mark) (Entered: 12/07/2006)
12/07/2006257  MOTION to Seal Document by USA as to David Struckman. Noting Date 12/15/2006. (Attachments: # 1 Proposed Order)(Odulio, Mark) (Entered: 12/07/2006)
12/08/2006259 RESPONSE, by USA as to David Struckman, to 242 MOTION to Compel Disclosure of All Exculpatory Material - Relevant Government Records. (Wszalek, Larry) (Entered: 12/08/2006)
12/08/2006260 RESPONSE, by David Struckman, to 237 MOTION in Limine Number 1. (Bernhoft, Robert) (Entered: 12/08/2006)
12/08/2006261 RESPONSE, by David Struckman, to 238 MOTION in Limine Number 2. (Bernhoft, Robert) (Entered: 12/08/2006)
12/08/2006262 RESPONSE, by David Struckman, to 239 MOTION in Limine Number 3. (Bernhoft, Robert) (Entered: 12/08/2006)
12/08/2006263 REPLY, by David Struckman, TO RESPONSE to 240 MOTION to Dismiss Count(s) Eight, Nine and Ten (Bernhoft, Robert) (Entered: 12/08/2006)
12/08/2006264 REPLY, by David Struckman, TO RESPONSE to 241 MOTION Strike Surplusage from the Indictment (Bernhoft, Robert) (Entered: 12/08/2006)
12/08/2006265  MOTION for Detention Temporary Release by David Struckman. Noting Date 12/22/2006. (Attachments: # 1 Declaration of Robert E. Barnes)(Bernhoft, Robert) (Entered: 12/08/2006)
12/12/2006266 REPLY, by David Struckman, TO RESPONSE to 245 MOTION to Compel Disclosure of all Jencks Material, 244 MOTION to Compel Immediate Disclosure of All Exculpatory Material - Informants and Government Cooperators, 243 MOTION to Compel Disclosure of Grand Jury Records, 242 MOTION to Compel Disclosure of All Exculpatory Material - Relevant Government Records, 246 MOTION to Compel Immediate Disclosure of All Exculpatory Material - Government Witnesses (Attachments: # 1 Declaration of Robert E. Barnes)(Bernhoft, Robert) (Entered: 12/12/2006)
12/12/2006267 Minute Entry for proceedings held before Judge Robert M Takasugi - CRD: Kerry Simonds; AUSA: Larry Wszalek and Mark Odulio; Def Cnsl: Robert Bernhoft and Robert Barnes; Court Reporter: Joe Roth; Time of Hearing: 9:30 a.m.; Courtroom: 18206B; PRETRIAL CONFERENCE as to David Struckman held on 12/12/2006. Court and counsel discuss the posture of the case. Jury Trial is reset for 3/12/2007 at 9:00 AM before Hon. Robert M Takasugi. The Government shall prepare a Stipulation and Order for the Court to sign. Defendant is remanded. (KERR, ) (Entered: 12/12/2006)
12/15/2006271 NOTICE of Unavailability of attorney Jesse Guerrero Cantor from 1/26/2007 to 2/11/2007 (Cantor, Jesse) (Entered: 12/15/2006)
12/20/2006272 STATUS MEMORANDUM and Joint Motion to Set Case Schedule by USA as to David Struckman (Attachments: # 1 Proposed Order)(Odulio, Mark) (Entered: 12/20/2006)
12/27/2006273 ORDER CONTINUING TRIAL DATE as to David Struckman by Judge Robert M Takasugi. (cc: PTS/USPO, USMO) Jury Trial is set for 3/12/2007 before Hon. Robert M Takasugi. (RS, ) (Entered: 12/27/2006)
01/03/2007274 NOTICE of Intent to Offer Evidence Pursuant to Fed. R. Evid. 404(b) by USA as to David Struckman (Odulio, Mark) (Entered: 01/03/2007)
01/26/2007275  MOTION for Hearing In Camera Evidentiary by David Struckman. Noting Date 2/2/2007.(Bernhoft, Robert) (Entered: 01/26/2007)
01/31/2007277 Emergency MOTION for Detention Temporary Release for Trial Preparation by David Struckman. Noting Date 2/2/2007. (Attachments: # 1 Declaration of Robert G. Bernhoft# 2 Declaration of Robert E. Barnes Dkt.265# 3 FDC policy fax from US Marshals Sevice)(Bernhoft, Robert) (Entered: 01/31/2007)
02/01/2007278 NOTICE OF ATTORNEY SUBSTITUTION Robert E Barnes is substituted as counsel for dft David Struckman. Attorney Jeffrey A Dickstein terminated. (Barnes, Robert) (Entered: 02/01/2007)
02/01/2007279 RESPONSE, by USA as to David Struckman, to 275 MOTION for Hearing In Camera Evidentiary. (Odulio, Mark) (Entered: 02/01/2007)
02/02/2007280  MOTION in Limine regarding Nicolli Ferrel by David Struckman. Noting Date 2/16/2007.(Barnes, Robert) (Entered: 02/02/2007)
02/02/2007281 Second MOTION in Limine regarding Gregory Cox by David Struckman. Noting Date 2/16/2007.(Barnes, Robert) (Entered: 02/02/2007)
02/02/2007282 Third MOTION in Limine regarding Sharon Ashley and Kim Reichart by David Struckman. Noting Date 2/16/2007.(Barnes, Robert) (Entered: 02/02/2007)
02/02/2007283 Fourth MOTION in Limine regarding tape recordings of Keith Anderson, Johnny "Liberty", and Joe Glover by David Struckman. Noting Date 2/16/2007.(Barnes, Robert) (Entered: 02/02/2007)
02/02/2007284 Fifth MOTION in Limine regarding Joe Glover, Becky Coggins, Jeffrey Lewis and Shoshanna Szuch by David Struckman. Noting Date 2/16/2007.(Barnes, Robert) (Entered: 02/02/2007)
02/02/2007285 Sixth MOTION in Limine regarding emails of Joe Glover and "Judge" Rizzo by David Struckman. Noting Date 2/16/2007.(Barnes, Robert) (Entered: 02/02/2007)
02/06/2007286  MOTION for Leave to File Excess Pages in Reply to Response for Evidentiary Hearing by David Struckman. Noting Date 2/9/2007.(Bernhoft, Robert) (Entered: 02/06/2007)
02/06/2007287 REPLY, by David Struckman, TO RESPONSE to 275 MOTION for Hearing In Camera Evidentiary (Bernhoft, Robert) (Entered: 02/06/2007)
02/07/2007288 RESPONSE, by USA as to David Struckman, to 277 Emergency MOTION for Detention Temporary Release for Trial Preparation. (Wszalek, Larry) (Entered: 02/07/2007)
02/07/2007289 ORDER by Judge Robert M Takasugi. As to dft David Struckman (2) the Court GRANTS IN PART AND DENIES IN PART 275 Motion for In Camera Evidentiary Hearing. (CL, ) (Entered: 02/08/2007)
02/09/2007290 REPLY, by David Struckman, TO RESPONSE to 277 Emergency MOTION for Detention Temporary Release for Trial Preparation (Bernhoft, Robert) (Entered: 02/09/2007)
02/12/2007291 Agreed MOTION for Extension of Time to File Joint Jury Instructions by David Struckman. Noting Date 2/12/2007.(Bernhoft, Robert) (Entered: 02/12/2007)
02/13/2007295 ORDER denying 277 Motion for temporary release to prepare for trial as to David Struckman (2) by Judge Robert M Takasugi. (RS, ) (Entered: 02/15/2007)
02/14/2007292 STATEMENT of Agreed upon Jury Instructions by USA as to David Struckman (Wszalek, Larry) (Entered: 02/14/2007)
02/14/2007293 Objection to Defendant's Requested Jury Instructions by USA as to David Struckman (Attachments: # 1)(Wszalek, Larry) (Entered: 02/14/2007)
02/14/2007294 Proposed Jury Instructions by David Struckman Objections to USA's Requested Jury Instructions (Bernhoft, Robert) (Entered: 02/14/2007)
02/15/2007297 ORDER denying in part and granting in part dft David Struckman's motions to compel discovery by Judge Robert M Takasugi. (RS, ) (Entered: 02/15/2007)
02/16/2007298 RESPONSE, by USA as to David Struckman, to 283 Fourth MOTION in Limine regarding tape recordings of Keith Anderson, Johnny "Liberty", and Joe Glover, 280 MOTION in Limine regarding Nicolli Ferrel, 285 Sixth MOTION in Limine regarding emails of Joe Glover and "Judge" Rizzo, 284 Fifth MOTION in Limine regarding Joe Glover, Becky Coggins, Jeffrey Lewis and Shoshanna Szuch, 282 Third MOTION in Limine regarding Sharon Ashley and Kim Reichart, 281 Second MOTION in Limine regarding Gregory Cox. (Attachments: # 1)(Wszalek, Larry) (Entered: 02/16/2007)
02/21/2007299 ORDER denying 241 Motion to strike surplusage from the indictment as to David Struckman (2) by Judge Robert M Takasugi.(RS, ) (Entered: 02/21/2007)
02/21/2007300 ORDER denying 240 Motion to Dismiss Counts eight, nine and ten of the indictment as duplicious as to David Struckman (2) by Judge Robert M Takasugi.(RS, ) (Entered: 02/21/2007)
02/21/2007302  MOTION to Seal Document by USA as to David Struckman. Noting Date 3/2/2007. (Attachments: # 1 Proposed Order)(Odulio, Mark) (Entered: 02/21/2007)
02/21/2007303 Ex Parte-Sealed MOTION Filed by USA as to David Struckman.Noting Date 3/2/2007. (Attachments: # 1 Exhibit # 2 Proposed Order)(Odulio, Mark) Modified on 5/7/2007 to unseal per 5/4/07 Order (RS, ). (Entered: 02/21/2007)
02/23/2007304  MOTION to Seal Document Government's Ex Parte Memorandum re: Expert Reports by USA as to David Struckman. Noting Date 3/2/2007. (Attachments: # 1 Proposed Order)(Wszalek, Larry) (Entered: 02/23/2007)
02/26/2007306 TRIAL BRIEF by USA as to David Struckman (Odulio, Mark) (Entered: 02/26/2007)
02/26/2007309 Emergency MOTION to Continue Trial by David Struckman. Noting Date 2/27/2007.Oral Argument Requested. (Attachments: # 1 Exhibit "A")(Barnes, Robert) (Entered: 02/26/2007)
02/26/2007310  MOTION for Reconsideration re 299 Order on Motion for Miscellaneous Relief by David Struckman. Noting Date 3/2/2007.(Barnes, Robert) (Entered: 02/26/2007)
02/27/2007312  MOTION for Extension of Time To File Trial Brief by David Struckman. Noting Date 3/2/2007. (Attachments: # 1 Proposed Order)(Barnes, Robert) (Entered: 02/27/2007)
02/27/2007313 RESPONSE, by USA as to David Struckman, to 309 Emergency MOTION to Continue Trial. (Wszalek, Larry) (Entered: 02/27/2007)
02/27/2007314 ORDER granting 304 Motion to Seal Govt's ex parte memorandum re expert reports as to David Struckman (2) by Judge Robert M Takasugi.(RS, ) (Entered: 02/27/2007)
02/28/2007315 NOTICE of Non-Compliance by David Struckman re 273 Order Continuing Trial Date, 293 Objection, 292 Statement (Attachments: # 1 Defense Requested Instructions)(Barnes, Robert) (Entered: 02/28/2007)
02/28/2007316 RESPONSE, by USA as to David Struckman, to 310 MOTION for Reconsideration re 299 Order on Motion for Miscellaneous Relief. (Odulio, Mark) (Entered: 02/28/2007)
02/28/2007317 NOTICE Response by USA as to David Struckman re 315 Notice-Other (Wszalek, Larry) (Entered: 02/28/2007)
02/28/2007318  MOTION for Leave to File Excess Pages in Support of Reply by David Struckman. Noting Date 3/2/2007.(Barnes, Robert) (Entered: 02/28/2007)
02/28/2007319 REPLY, by David Struckman, TO RESPONSE to 309 Emergency MOTION to Continue Trial (Barnes, Robert) (Entered: 02/28/2007)
02/28/2007320  DOCUMENT POSTED IN ERROR, counsel will refile MOTION to Seal Document by USA as to David Struckman. Noting Date 3/9/2007. (Attachments: # 1 Proposed Order)(Odulio, Mark) Modified on 2/28/2007: restrictions placed on document, per filer's request (KN). (Entered: 02/28/2007)
02/28/2007321 Ex Parte-Sealed DOCUMENT by USA as to David Struckman re 322 MOTION to Seal Document (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit)(Odulio, Mark) Modified on 2/28/2007, relinked to corrected motion (KN, ). Modified on 5/7/2007 to unseal per 5/4/07 Order (RS, ). (Entered: 02/28/2007)
02/28/2007322  MOTION to Seal Document by USA as to David Struckman. Noting Date 3/9/2007. (Attachments: # 1)(Odulio, Mark) (Entered: 02/28/2007)
02/28/2007323  MOTION to Seal Document by USA as to David Struckman. Noting Date 3/9/2007. (Attachments: # 1 Proposed Order)(Odulio, Mark) (Entered: 02/28/2007)
02/28/2007324 SEALED DOCUMENT by USA as to David Struckman re 323 MOTION to Seal Document (Odulio, Mark) Modified on 5/7/2007 to unseal per 5/4/07 Order (RS, ). (Entered: 02/28/2007)
02/28/2007325 NOTICE Reply by David Struckman re 315 Notice-Other, 317 Notice-Other (Barnes, Robert) (Entered: 02/28/2007)
02/28/2007326 REPLY, by David Struckman, TO RESPONSE to 310 MOTION for Reconsideration re 299 Order on Motion for Miscellaneous Relief (Barnes, Robert) (Entered: 02/28/2007)
02/28/2007327  MOTION for Leave to File Excess Pages for Reply to Government's Response to Struckman's Motion in Limine No. 1 by David Struckman. Noting Date 3/2/2007.(Barnes, Robert) (Entered: 02/28/2007)
02/28/2007328 REPLY, by David Struckman, TO RESPONSE to 280 MOTION in Limine regarding Nicolli Ferrel (Barnes, Robert) (Entered: 02/28/2007)
03/01/2007329 Minute Entry for proceedings held before Judge Robert M Takasugi - CRD: Heidi Hricko; AUSA: Maietta/Odulio/Wszalek; Def Cnsl: Erickson/Bernhoft/Chaney/Leen/Shaw (not present); Court Reporter: hearing not recorded; IN CHAMBERS CONFERENCE as to Daniel Andersen, David Struckman, Lorenzo Lamantia, Dwayne Robare, Kuldip Singh held on 3/1/2007. The court is in receipt of dft Struckman's motion for trial adjournment; the court grants dft's motion and continues the trial to 5/7/07 at 9am (RS, ) (Entered: 03/02/2007)
03/07/2007332 MINUTE ORDER TO SHOW CAUSE as to David Struckman by Judge Robert M Takasugi. Show Cause Response due by 3/12/2007. (RS, ) (Entered: 03/09/2007)
03/13/2007333 SEALED DOCUMENT Responding to Minute Order to Show Cause by David Struckman re 332 Order to Show Cause (Barnes, Robert) Modified on 5/7/2007 to unseal per 5/4/07 Order (RS, ). (Entered: 03/13/2007)
03/16/2007334  MOTION to Seal Document by USA as to David Struckman. Noting Date 3/23/2007. (Attachments: # 1 Proposed Order)(Wszalek, Larry) (Entered: 03/16/2007)
03/16/2007335 SEALED DOCUMENT by USA as to David Struckman re 334 MOTION to Seal Document (Wszalek, Larry) Modified on 5/7/2007 to unseal per 5/4/07 Order (RS, ). (Entered: 03/16/2007)
03/19/2007336 ORDER granting 334 Motion to seal govt's response to dft's show cause submission as to David Struckman (2) by Judge Robert M Takasugi.(RS, ) (Entered: 03/20/2007)
04/02/2007338 ORDER granting in part and denying in part 310 Motion for reconsideration of court order denying dft's motion to strike surplusage from the indictment as to David Struckman (2) by Judge Robert M Takasugi.(RS, ) (Entered: 04/02/2007)
04/04/2007343 SEALED ORDER requiring compliance with court order concerning declaration re identity of anonymous informant no 1 signed by Judge Robert M Takasugi. (RS, ) Modified on 5/7/2007 to unseal per 5/4/07 Order (RS, ). (Entered: 04/05/2007)
04/11/2007344  MOTION for Detention Temporary Release by David Struckman. Noting Date 4/20/2007. (Attachments: # 1 Declaration of Robert E. Barnes# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C)(Barnes, Robert) (Entered: 04/11/2007)
04/16/2007345  MOTION to Seal Document by USA as to David Struckman. Noting Date 4/20/2007. (Attachments: # 1 Proposed Order)(Odulio, Mark) (Entered: 04/16/2007)
04/16/2007346 SEALED DOCUMENT GOVERNMENT'S SEALED IN CAMERA DECLARATION REGARDING ANONYMOUS INFORMANT NO. 1 by USA as to David Struckman re 345 MOTION to Seal Document (Attachments: # 1 Exhibit)(Odulio, Mark) Modified on 5/7/2007 to unseal per 5/4/07 Order (RS, ). (Entered: 04/16/2007)
04/16/2007347 RESPONSE, by USA as to David Struckman, to 344 MOTION for Detention Temporary Release. (Wszalek, Larry) (Entered: 04/16/2007)
04/17/2007348 REPLY, by David Struckman, TO RESPONSE to 344 MOTION for Detention Temporary Release (Attachments: # 1 Exhibit Declaration of Bret C. Tollefson)(Barnes, Robert) (Entered: 04/17/2007)
04/18/2007350  MOTION to Seal Document by David Struckman. Noting Date 4/20/2007. (Attachments: # 1 Proposed Order)(Barnes, Robert) (Entered: 04/18/2007)
04/18/2007351  MOTION to Compel Immediate Disclosure of All Exculpatory Material and Relevant Govn't Records by David Struckman. Noting Date 4/27/2007. (Attachments: # 1 Declaration of Robert E. Barnes)(Barnes, Robert) (Entered: 04/18/2007)
04/18/2007352 SEALED DOCUMENT Exhibit A by David Struckman re 350 MOTION to Seal Document (Attachments: # 1 Exhibit B# 2 Exhibit C# 3 Exhibit D# 4 Exhibit E)(Barnes, Robert) (Entered: 04/18/2007)
04/20/2007353 Minute Entry for proceedings held before Judge Robert M Takasugi - CRD: Heidi Hricko; AUSA: Larry Wszalek/Mark Odulio; Def Cnsl: Robert G. Bernhoft; Court Reporter: Bridgit Montero; TELEPHONIC STATUS CONFERENCE as to David Struckman held on 4/20/2007. All motions in limine to be ruled on by written order 4/25/07; dft's trial brief due 4/23/07; dft's motion to compel immediate disclosure of all exculpatory material and relevant govt records filed 4/18/07 shall be responded to under seal by govt by 4/23/07; dft's response to govt's proffer, concerning Anonymous Informant No 1 shall be filed by 4/23/07; dft's renewed motion for temporary release of dft for trial preparation filed 4/11/07 is denied; parties stipulate to jury selection by Mag Judge Monica Benton; govt cnsl to prepare a waiver of written consent to present to Mag Judge Benton prior to jury selection on 5/7/07; Judge Takasugi will take the bench on 5/8/07 at 9:30am and the seated jury will then be sworn in his presence, prior to opening statements. (RS, ) (Entered: 04/20/2007)
04/23/2007354  MOTION to Seal Document by USA as to David Struckman. Noting Date 5/4/2007. (Attachments: # 1 Proposed Order)(Wszalek, Larry) (Entered: 04/23/2007)
04/23/2007355 SEALED DOCUMENT RESPONSE TO DEFENDANT'S MOTION TO COMPEL IMMEDIATE DISCLOSURE OF ALL EXCULPATORY MATERIAL AND RELEVANT GOVERNMENT RECORDS by USA as to David Struckman re 354 MOTION to Seal Document (Wszalek, Larry) (Entered: 04/23/2007)
04/23/2007356 SEALED DOCUMENT Defendant's Sealed Response to Court's Order by David Struckman re 353 Status Hearing,,,, (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Barnes, Robert) Modified on 5/7/2007 to unseal per 5/4/07 Order (RS, ). (Entered: 04/23/2007)
04/23/2007357 TRIAL BRIEF by David Struckman (Barnes, Robert) (Entered: 04/23/2007)
04/24/2007358 REPLY, by David Struckman, TO RESPONSE to 282 Third MOTION in Limine regarding Sharon Ashley and Kim Reichart (Barnes, Robert) (Entered: 04/24/2007)
04/24/2007359 REPLY, by David Struckman, TO RESPONSE to 281 Second MOTION in Limine regarding Gregory Cox (Barnes, Robert) (Entered: 04/24/2007)
04/24/2007360 REPLY, by David Struckman, TO RESPONSE to 283 Fourth MOTION in Limine regarding tape recordings of Keith Anderson, Johnny "Liberty", and Joe Glover, 284 Fifth MOTION in Limine regarding Joe Glover, Becky Coggins, Jeffrey Lewis and Shoshanna Szuch, 285 Sixth MOTION in Limine regarding emails of Joe Glover and "Judge" Rizzo (Attachments: # 1 Exhibit A# 2 Exhibit B)Exhibit B is Sealed pursuant to the general privacy order. This document will be refiled as a redacted document.(Barnes, Robert) Modified per counsel request on 5/10/2007 (JJT, ). (Entered: 04/24/2007)
04/24/2007361  MOTION to Dismiss Defendant Indictment for Outrageous Government Misconduct by David Struckman. Noting Date 5/4/2007. (Attachments: # 1 Declaration of Robert E. Barnes# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit F-1# 9 Exhibit G# 10 Exhibit H# 11 Exhibit I# 12 Exhibit J# 13 Exhibit K# 14 Exhibit L)(Barnes, Robert) (Entered: 04/24/2007)
04/25/2007362 REPLY, by David Struckman, TO RESPONSE to 351 MOTION to Compel Immediate Disclosure of All Exculpatory Material and Relevant Govn't Records (Barnes, Robert) (Entered: 04/25/2007)
04/26/2007363 Proposed Voir Dire by USA as to David Struckman (Wszalek, Larry) (Entered: 04/26/2007)
04/26/2007364 ORDER REQUIRING DISCLOSURE OF PSR REPORTS AND EXPERT REPORT as to David Struckman (2) by Judge Robert M Takasugi.(RS, ) (Entered: 04/27/2007)
04/26/2007367 ORDER REQUIRING DISCLOSURE OF THE IDENTITY OF ANONYMOUS INFORMANT NO. 1 as to David Struckman by Judge Robert M Takasugi. (RS, ) (Entered: 04/27/2007)
04/26/2007368 ORDER CONCERNING DFT'S MOTIONS IN LIMINE NO. 1 THROUGH NO. 6 as to David Struckman (2) by Judge Robert M Takasugi.(RS, ) (Entered: 04/27/2007)
04/27/2007365  MOTION to Seal Document by USA as to David Struckman. Noting Date 5/4/2007. (Attachments: # 1 Proposed Order)(Wszalek, Larry) (Entered: 04/27/2007)
04/27/2007366  SEALED MOTION Filed by USA as to David Struckman.Noting Date 5/4/2007. (Attachments: # 1 Proposed Order # 2 Exhibit part 1# 3 Exhibit part 2# 4 Exhibit part 3# 5 Exhibit Part 4# 6 Exhibit Part 5)(Wszalek, Larry) (Entered: 04/27/2007)
04/27/2007369 ORDER granting 354 Motion to seal govt's response to dft's motion to compel immediate disclosure of all exculpatory material and relevant govt records; as to David Struckman (2) by Judge Robert M Takasugi.(RS, ) (Entered: 04/27/2007)
04/27/2007372 ORDER denying 237 Motion in Limine No. 1; as to David Struckman (2); granting 238 Motion in Limine No. 2; as to David Struckman (2); denying 239 Motion in Limine No. 3; as to David Struckman (2) by Judge Robert M Takasugi.(RS, ) (Entered: 04/30/2007)
04/27/2007373 ORDER on govt's motion for protective order re SEC deposition of Joe Glover as to David Struckman by Judge Robert M Takasugi. (RS, ) (Entered: 05/01/2007)
04/30/2007370  MOTION to Unseal Document in Docket Numbered 303, 321, 324, 333, 335, 343, 346, and 356 by David Struckman. Noting Date 5/11/2007. (Attachments: # 1 Proposed Order)(Barnes, Robert) (Entered: 04/30/2007)
04/30/2007371 RESPONSE, by USA as to David Struckman, to 361 MOTION to Dismiss Defendant Indictment for Outrageous Government Misconduct. (Attachments: # 1 Exhibit A)(Wszalek, Larry) (Entered: 04/30/2007)
04/30/2007374 ORDER to seal govt's motion for protective order re SEC deposition as to David Struckman by Judge Robert M Takasugi. (RS, ) (Entered: 05/01/2007)
04/30/2007375 ORDER requiring disclosure of PSR Reports as to David Struckman by Judge Robert M Takasugi. (RS, ) (Entered: 05/01/2007)
04/30/2007376  PRAECIPE FOR A SUBPOENA by David Struckman; clerk iss'd (RS, ) (Entered: 05/01/2007)
05/02/2007377 REPLY, by David Struckman, TO RESPONSE to 361 MOTION to Dismiss Defendant Indictment for Outrageous Government Misconduct (Attachments: # 1 Declaration of Robert E. Barnes# 2 Exhibit A)(Barnes, Robert) (Entered: 05/02/2007)
05/02/2007378 EXHIBIT LIST by USA as to David Struckman (Wszalek, Larry) (Entered: 05/02/2007)
05/02/2007379 WITNESS LIST by USA as to David Struckman (Wszalek, Larry) (Entered: 05/02/2007)
05/02/2007380 ORDER granting 351 Defendant's Motion to Compel immediate disclosure of all excuplatory material and relevant government records as to deft David Struckman (2) by Judge Robert M Takasugi. (cc: USMO)(MD, ) (Entered: 05/03/2007)
05/03/2007381 NOTICE OF ATTORNEY APPEARANCE Michael J Watling appearing for USA. (Watling, Michael) (Entered: 05/03/2007)
05/03/2007382  MOTION Correct Docket 355 by USA as to David Struckman. Noting Date 5/3/2007.(Wszalek, Larry) (Entered: 05/03/2007)
05/04/2007383 ORDER granting 370 Motion to Unseal Documents 303, 321, 324, 333, 335, 346, 356 as to David Struckman (2) by Judge Robert M Takasugi.(RS, ) (Entered: 05/07/2007)
05/04/2007 Documents unsealed as to David Struckman 356 Sealed Document, 346 Sealed Document, 303 Ex Parte-Sealed MOTION, 335 Sealed Document, 333 Sealed Document, 343 Sealed Order, 321 Ex Parte-Sealed Document, 324 Sealed Document (RS, ) (Entered: 05/07/2007)
05/04/2007384  PRAECIPE FOR A SUBPOENA by David Struckman; clerk iss'd (RS, ) (Entered: 05/07/2007)
05/08/2007385 ORDER VACATING TRIAL DATE of 5/7/07 as to David Struckman by Judge Robert M Takasugi. cc: USMO/PTS/USPO (RS, ) (Entered: 05/08/2007)
05/09/2007386  MOTION to Seal Document by USA as to David Struckman. Noting Date 5/9/2007. (Attachments: # 1 Proposed Order)(Watling, Michael) (Entered: 05/09/2007)
05/10/2007 NOTICE of Docket Text Modification as to defendant Daniel Andersen, David Struckman, Lorenzo Lamantia, Dwayne Robare, Kuldip Singhre 360 Reply to Response to Motion,, : Exhibit B is Sealed pursuant to the general privacy order. (JJT, ) (Entered: 05/10/2007)
05/10/2007387  MOTION to Dismiss Count(s) 1-4 by David Struckman. Noting Date 5/18/2007.(Bernhoft, Robert) (Entered: 05/10/2007)
05/10/2007388 ORDER SETTING STATUS CONFERENCE as to David Struckman by Judge Robert M Takasugi. Status Conference set for 5/11/2007 at 09:00 AM before Hon. Robert M Takasugi. (RS, ) (Entered: 05/11/2007)
05/11/2007389 EXHIBIT B Redacted by David Struckman re 360 Reply to Response to Motion,, (Barnes, Robert) (Entered: 05/11/2007)
05/11/2007390 Minute Entry for proceedings held before Judge Robert M Takasugi - CRD: Heidi Hricko; AUSA: Mark Odulio; Larry Wszalek; Def Cnsl: Robert Bernhoft; Court Reporter: Miriam Baird; TELEPHONIC STAUS CONFERENCE as to David Struckman held on 5/11/2007. Dft and his counsel are present by telephone as well as govt counsel; court and counsel confer and court outlines issues that prompted this conf. Ct hears OA; parties agree to 7/9/07 evid hearing; dft's cnsl calculates speedy trial time which puts the 7/9/07 trial date within the 70 day speedy trial time; cnsl are to meet and conf re witnesses and exhibits for evid hrg; Jury Trial is set for 7/9/2007 before Hon. Robert M Takasugi. (RS, ) (Entered: 05/14/2007)
05/21/2007391 RESPONSE, by David Struckman, to 386 MOTION to Seal Document. (Barnes, Robert) (Entered: 05/21/2007)
05/24/2007392 RESPONSE, by USA as to David Struckman, to 387 MOTION to Dismiss Count(s) 1-4. (Attachments: # 1 # 2 # 3 # 4)(Wszalek, Larry) (Entered: 05/24/2007)
06/04/2007393 NOTICE of Non-Opposition by David Struckman re 382 MOTION Correct Docket 355 (Barnes, Robert) (Entered: 06/04/2007)
06/06/2007394 REPLY, by David Struckman, TO RESPONSE to 387 MOTION to Dismiss Count(s) 1-4 (Attachments: # 1 Exhibit A# 2 Exhibit B)(Barnes, Robert) (Entered: 06/06/2007)
06/12/2007395  PRAECIPE FOR A SUBPOENA by David Struckman; issued by clerk (RS, ) (Entered: 06/13/2007)
06/20/2007396  PRAECIPE FOR A SUBPOENA & issued by deft David Struckman (MD, ) (Entered: 06/21/2007)
06/22/2007397  MOTION to Seal Document by USA as to David Struckman. Noting Date 6/29/2007. (Attachments: # 1 Proposed Order)(Odulio, Mark) (Entered: 06/22/2007)
06/26/2007399 ORDER granting 397 Motion to seal govt's request; as to David Struckman (2) by Judge Robert M Takasugi.(RS, ) (Entered: 06/27/2007)
06/27/2007401  MOTION to Seal Document by USA as to David Struckman. Noting Date 7/6/2007. (Attachments: # 1 Proposed Order)(Wszalek, Larry) (Entered: 06/27/2007)
06/28/2007410 ORDER TO SEAL GOVT'S EX PARTE REQUEST FOR IN CAMERA REVIEW granting 401 Motion to Seal Document; as to David Struckman (2) by Judge Robert M Takasugi.(RS, ) (Entered: 07/02/2007)
06/29/2007403 MEMORANDUM Evidentiary Hearing Brief by David Struckman (Barnes, Robert) (Entered: 06/29/2007)
06/29/2007404  MOTION to Quash Subpoena Duces Tecum re IRS Special Agents Chinn, Holm, Hardaway & Manning by USA as to David Struckman. Noting Date 6/29/2007. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Odulio, Mark) (Entered: 06/29/2007)
06/29/2007405  MOTION to Seal Document Government's Brief in Support of Evidentiary Hearing by USA as to David Struckman. Noting Date 6/29/2007. (Attachments: # 1 Proposed Order)(Watling, Michael) (Entered: 06/29/2007)
06/29/2007406  SEALED MOTION Government's Brief in Support of Evidentiary Hearing Filed by USA as to David Struckman.Noting Date 6/29/2007. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Errata 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12# 13 Exhibit 13# 14 Exhibit 14# 15 Exhibit 15# 16 Exhibit 16# 17 Exhibit 17)(Wszalek, Larry) (Entered: 06/29/2007)
06/29/2007411 Minute Entry for proceedings held before Judge Robert M Takasugi - CRD: Heidi Hricko; AUSA: Mark Odulio/Larry Wszalek; Def Cnsl: Robert Bernhoft; Court Reporter: Wil Wilcox; TELEPHONIC STATUS CONFERENCE as to David Struckman held on 6/29/2007. Ct orders cnsl to file stipulation re request for temporary release of dft to attend father's funeral; evid hrg will be held on 7/9/07 and 7/10/07 if necessary; jury selection to begin 7/13/07 at 9:30; trial to begin 7/16/07 (RS, ) (Entered: 07/03/2007)
06/30/2007407 MEMORANDUM Supplemental Brief Concerning Panama Extradition Issues for the Evidentiary hearing by David Struckman re 403 Memorandum filed by David Struckman (Barnes, Robert) (Entered: 06/30/2007)
07/02/2007408  MOTION to Quash Subpoenas by USA as to David Struckman. Noting Date 7/2/2007. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Watling, Michael) (Entered: 07/02/2007)
07/02/2007412  PRAECIPE FOR A SUBPOENA - Subpoenas Issued by David Struckman (TS, ) (Entered: 07/03/2007)
07/03/2007417 ORDER by Judge Robert M Takasugi. As to dft David Struckman, the Court GRANTS IN PART AND DENIES IN PART 404 Motion to Quash Subpoena Duces Tecum re: IRS Special Agents Chinn, Holm, Hardaway and Manning. (CL, ) (Entered: 07/05/2007)
07/05/2007413 ORDER The Court ADMITS Brian Mahany as pro hac vice atty for Defendant David Struckman. (Receipt #SEA10421). (CL, ) (Entered: 07/05/2007)
07/05/2007414 DECLARATION by Brian Mahany re 413 Order on Application for Leave to Appear Pro Hac Vice (CL, ) (Entered: 07/05/2007)
07/05/2007415 NOTICE Re: Funeral Release by David Struckman re 411 Status Hearing,, (Barnes, Robert) (Entered: 07/05/2007)
07/05/2007416  MOTION to Withdraw Document Motion to Quash by USA as to David Struckman. Noting Date 7/5/2007.(Watling, Michael) (Entered: 07/05/2007)
07/06/2007418 NOTICE OF ATTORNEY APPEARANCE Mark T Odulio appearing for USA. Lori A. Hendrickson (Odulio, Mark) (Entered: 07/06/2007)
07/07/2007419 STIPULATION Re: State Department File by parties (Barnes, Robert) (Entered: 07/07/2007)
07/08/2007420 DECLARATION of Abogado Lydia Ferrer by David Struckman (Attachments: # 1 Exhibit 1)(Barnes, Robert) (Entered: 07/08/2007)
07/09/2007421 STIPULATION RE Speedy Trial Act by parties (Odulio, Mark) (Entered: 07/09/2007)
07/09/2007424 Minute Entry for proceedings held before Judge Robert M Takasugi - CRD: Heidi M. Hricko; AUSA: Michael Watling/Lori Hendrickson; Def Cnsl: Robert G. Bernhoft/Robert Barnes; Court Reporter: Nichole Rhynard. EVIDENTIARY HEARING as to deft David Struckman held on 7/9/2007. Exhibits admitted and witness sworn and testified Defendant(s) remanded to custody. (MD, ) (Entered: 07/12/2007)
07/09/2007426 EXHIBIT/WITNESS LIST and Minutes of Evidentiary Hearing held on 7/9/07 before Judge Robert M. Takasugi as to deft David Struckman. (MD, ) (Entered: 07/12/2007)
07/09/2007431 EXHIBIT AND WITNESS LIST for evidentiary hearing re dft David Struckman (RS, ) (Entered: 07/17/2007)
07/10/2007422 WITNESS LIST by USA as to David Struckman (Odulio, Mark) (Entered: 07/10/2007)
07/10/2007425 Minute Entry for proceedings held before Judge Robert M Takasugi - CRD: Heidi M. Hricko; AUSA: Michael Watling/Lori Hendrickson; Def Cnsl: Robert G. Bernhoft/Robert Barnes; Court Reporter: Nichole Rhynard.EVIDENTIARY HEARING as to deft David Struckman held on 7/10/2007. Exhibits admitted and witness sworn and testified. Defendant and Government rests. Court orders counsel to confer regarding admitting exhibits. Closing argument are scheduled for July 11, 2007 at 9:30a.m. Defendant(s) remanded to custody. (MD, ) (Entered: 07/12/2007)
07/10/2007427 EXHIBIT/WITNESS LIST and Minutes from Evidentiary Hearing held before Judge Robert M. Takasugi on 7/10/07 as to deft David Struckman (MD, ) (Entered: 07/12/2007)
07/11/2007423 STIPULATION Re: Evidentiary Hearing Exhibits by parties (Watling, Michael) (Entered: 07/11/2007)
07/11/2007428 Minute Entry for proceedings held before Judge Robert M Takasugi - CRD: Heidi M. Hricko; AUSA: Michael Watling/Lori Hendrickson; Def Cnsl: Robert Bernhoft/Robert Barnes; Court Reporter: Nichole Rhynard. EVIDENTIARY HEARING as to deft David Struckman held on 7/11/2007. Exhibits admitted and witnesses testify. Court orders further briefing and Court vacates the jury selection and jury trial scheduled for July 13 and 16, 2007. Counsel meet and confer and stipulate on the record to request admittance of the exhibits on the attached exhibit list. Court orders the exhibits admitted. Defendant(s) remanded to custody. (MD, ) (Entered: 07/13/2007)
07/11/2007429 EXHIBIT LIST/COURT MINUTES FROM EVIDENTIARY HEARING HELD ON 7/11/07 BEFORE Judge M. Takasugi as to deft David Struckman (MD, ) (Entered: 07/13/2007)
07/11/2007430 Minute Entry for proceedings held before Judge Robert M Takasugi - CRD: Heidi Hricko; Court Reporter: Nichole Rhynard; EVIDENTIARY HEARING/DAY 3 as to David Struckman held on 7/11/2007 at 9:30am. Cross examination by govt; closing arguments made by both sides; exhibits filed; court orders further briefing on issues - govt's brief due 7/30/07; dft's brief due 8/6/07; govt's response due 8/10/07. Court vacates jury selection and jury trial (RS, ) (Entered: 07/17/2007)
07/16/2007432 ORDER to seal dft's evidentiary hearing exhibits 51 & 221 as to David Struckman by Judge Robert M Takasugi. (RS, ) (Entered: 07/17/2007)
07/24/2007433 TRANSCRIPT of Proceedings as to David Struckman, Motion to Dismiss Indictment, Volume I, pages 1-208 held on 7/9/07 before Judge Robert M. Takasugi. Court Reporter: Nichole Rhynard. (SA, ) Modified on 7/25/2007 (SA, ). (Entered: 07/25/2007)
07/24/2007434 TRANSCRIPT of Proceedings as to David Struckman Motion to Dismiss Indictment held on 7/10/07, Vol. II, pages 209-362 before Judge Robert M. Takasugi. Court Reporter: Nichole Rhynard. (SA) (Entered: 07/25/2007)
07/24/2007435 TRANSCRIPT of Proceedings as to David Struckman Motion to Dismiss Indictment held on 7/11/07, pages 363-420 before Judge Robert M. Takasugi. Court Reporter: Nichole Rhynard. (SA) (Entered: 07/25/2007)
07/30/2007436 MEMORANDUM Post Evidentiary Hearing Brief by USA as to David Struckman (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G)(Watling, Michael) (Entered: 07/30/2007)
08/06/2007437 MEMORANDUM Re: Post-Evidentiary Hearing Brief Concerning Extradition Issues by David Struckman re 436 Memorandum filed by USA (Bernhoft, Robert) (Entered: 08/06/2007)
08/10/2007438 REPLY Brief Post Evidentiary Hearing by USA as to David Struckman re 436 Memorandum filed by USA (Attachments: # 1 Exhibit Exhibit H)(Watling, Michael) (Entered: 08/10/2007)
08/29/2007440 ORDER REQUIRING FURTHER BRIEFING AND SETTING TRIAL DATE as to David Struckman by Judge Robert M Takasugi. (cc: PTS/USPO, USMO) Jury Trial is set for 10/29/2007 at 09:30 AM before Hon. Robert M Takasugi. (RS, ) (Entered: 08/30/2007)
08/31/2007442 Agreed MOTION for Extension of Time to File Court Ordered Briefing by David Struckman. Noting Date 9/4/2007. (Attachments: # 1 Proposed Order)(Barnes, Robert) (Entered: 08/31/2007)
09/06/2007444 ORDER granting 442 Motion to modify the briefing schedule as to David Struckman (2) by Judge Robert M Takasugi.(RS, ) (Entered: 09/06/2007)
09/13/2007445 MEMORANDUM Re: Supplemental Brief Concerning Appropriate Remedies for Governmental Misconduct by David Struckman re 440 Order Continuing Trial Date (Barnes, Robert) (Entered: 09/13/2007)
09/20/2007446 MEMORANDUM Supplemental Brief on Remedies by USA as to David Struckman (Watling, Michael) (Entered: 09/20/2007)
09/24/2007447 MEMORANDUM Reply in Support of Dismissal as the Proper Remedy for Government Misconduct by David Struckman re 440 Order Continuing Trial Date (Barnes, Robert) (Entered: 09/24/2007)
10/11/2007448 Minute Entry for proceedings held before Judge Robert M Takasugi - CRD: Linda Williams; AUSA: Larry Wszalek/Michael Watling; Def Cnsl: Robert Bernhoft/Robert Barnes; Court Reporter: Maria Bustillos; Telephone Conference as to David Struckman held on 10/11/2007 ; Defendant and his counsel are present by telephone, as well as govt counsel. Court and counsel confer regarding briefing of the motion; ct will issue a ruling on 10/15/07 (RS, ) (Entered: 10/17/2007)
10/19/2007449 ORDER REGARDING DEFENDANT'S MOTIONS TO DISMISS INDICTMENT FOR OUTRAGEOUS GOVERNMENT MISCONDUCT AND UNNECESSARY DELAY as to David Struckman by Judge Robert M Takasugi. (RS, ) (Entered: 10/19/2007)
10/22/2007450 REPORT re 449 Order Re: Defendant's Motion to Dismiss by USA as to David Struckman (Attachments: # 1 Exhibit A)(Watling, Michael) (Entered: 10/22/2007)
10/22/2007451 SUPPLEMENT Jury Instructions 1 & 2 by USA as to David Struckman (Wszalek, Larry) (Entered: 10/22/2007)
10/22/2007452 NOTICE Withdrawal of Government Counsel by USA as to David Struckman (Watling, Michael) (Entered: 10/22/2007)
10/25/2007453 MINUTES (IN CHAMBERS): PRESENTATION OF EXHIBITS AT TRIAL as to David Struckman by Judge Robert M Takasugi. (RS, ) (Entered: 10/25/2007)
10/25/2007454  MOTION Attorney Conducted Voir Dire by David Struckman. Noting Date 10/26/2007. (Attachments: # 1 Exhibit Robert E. Barnes# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C)(Barnes, Robert) (Entered: 10/25/2007)
10/25/2007455 NOTICE of Objection to the Government's "Order of Proof" by David Struckman re 450 Report (Barnes, Robert) (Entered: 10/25/2007)
10/25/2007456 Proposed Voir Dire by David Struckman (Barnes, Robert) (Entered: 10/25/2007)
10/26/2007457 EXHIBIT LIST by USA as to David Struckman (Wszalek, Larry) (Entered: 10/26/2007)
10/26/2007458 WITNESS LIST by USA as to David Struckman (Wszalek, Larry) (Entered: 10/26/2007)
10/26/2007459 MINUTES (IN CHAMBERS) PROCEDURE UPON OBJECTIONS as to David Struckman by Judge Robert M Takasugi. (RS, ) (Entered: 10/26/2007)
10/26/2007460  MOTION in Limine and Alternatively, Motion to Dismiss and Evidetiary Objections to the Government's Proffer by David Struckman. Noting Date 11/9/2007.(Barnes, Robert) (Entered: 10/26/2007)
10/26/2007464  PRAECIPE FOR A SUBPOENA by David Struckman; clerk iss'd 12 blank subpoenas (RS, ) (Entered: 10/29/2007)
10/28/2007461 RESPONSE, by USA as to David Struckman, to 460 MOTION in Limine and Alternatively, Motion to Dismiss and Evidetiary Objections to the Government's Proffer. (Attachments: # 1 Exhibit A, part 1# 2 Exhibit A, part 2# 3 Exhibit A, part 3# 4 Exhibit A, part 4# 5 Exhibit B, part 1# 6 Exhibit B, part 2# 7 Exhibit B, part 3# 8 Exhibit B, part 4# 9 Exhibit C, part 1# 10 Exhibit C, part 2# 11 Exhibit D# 12 Exhibit E# 13 Exhibit F# 14 Exhibit G# 15 Exhibit H)(Watling, Michael) (Entered: 10/28/2007)
10/28/2007462  MOTION for Reconsideration re 449 Order Dated October 16, 2007 Seeking Partial Reconsideration by David Struckman. Noting Date 11/9/2007.(Barnes, Robert) (Entered: 10/28/2007)
10/28/2007463 REPLY, by David Struckman, TO RESPONSE to 460 MOTION in Limine and Alternatively, Motion to Dismiss and Evidetiary Objections to the Government's Proffer (Barnes, Robert) (Entered: 10/28/2007)
10/29/2007465 Minute Entry for proceedings held before Judge Robert M Takasugi - CRD: Gail Glass; AUSA: Larry Wszalek/Michael Watling; Def Cnsl: Robert Bernhoft/Robert Barnes; Court Reporter: Barry Fanning; GENERAL HEARING as to David Struckman held on 10/29/2007. Court hears arugments of counsel and case statements; parties sign joint statement; court excludes time from 7/9/07 to 10/16/07 as this time was necessary for the court to consider dft's motions to dismiss for outrageous govt conduct (RS, ) (Entered: 11/01/2007)
10/29/2007466 JOINT STATEMENT OF THE CASE as to David Struckman (RS, ) (Entered: 11/01/2007)
10/30/2007467 Minute Entry for proceedings held before Judge Robert M Takasugi - CRD: Gail Glass; AUSA: Larry Wszalek/Michael Waltling; Def Cnsl: Robert Bernhoft/Robert Barnes; Court Reporter: Barry Fanning; HEARING as to David Struckman held on 10/30/2007; court hears arguments from counsel re evidence and dft's motion in limine; dft's motion in limine is denied; dft's motion for reconsideration is denied (RS, ) (Entered: 11/01/2007)
10/31/2007468 Minute Entry for proceedings held before Judge Robert M Takasugi - CRD: Gail Glass; AUSA: Larry Wszalek and Michael Waltling; Def Cnsl: Robert Bernhoft and Robert Barnes; Court Reporter: Barry Fanning; JURY TRIAL Day 1 as to David Struckman held on 10/31/2007. The defendant is present, in custody and represented by counsel. Prior to jury selection, the court hears from counsel regarding proposed voir dire questions. Jury panel Sworn/Voir dire. The following jurors were excused prior to trial: 21,48 and 53. The following jurors were Excused for cause: 13, 16, and 27. Juror number 6 was excused by stipulation. The jury is sworn and excused until Thursday, November 1, 2007 at 9:30 a.m. before the Honorable Robert M. Takasugi (GG, ) (Entered: 11/01/2007)
11/01/2007469 Minute Entry for proceedings held before Judge Robert M Takasugi - CRD: Gail Glass; AUSA: Larry Wszalek and Michael Waltling; Def Cnsl: Robert Bernhoft and Robert Barnes; Court Reporter: Barry Fanning; JURY TRIAL Day Two as to David Struckman held on 11/1/2007. The defendant is present,and represented by counsel. Outside the presence of the jury, the court hears from counsel regarding audio tapes exhibits 51, 52 and 74. Counsel present their opening statements. The Defendant's Motion for Mistrial is Denied. Debra Barham is sworn and testifies. Exhibits marked and admitted: 1-17, A-1 and A-2. Counsel read into the record stipulations marked and admitted: re Computer Images, Signature Cards and Bank Records. Daniel Andersen is sworn and testifies.Exhibits marked and admitted: 290, 291, 292, 229, 40, 41, 51, 46, 45, 53, 58, 59, 60, 52, 55, and 74, The jury is excused to return on Friday, November 2, 2007 at 9:00 a.m. before the Honorable Robert M. Takasugi (GG, ) (Entered: 11/05/2007)
11/02/2007470 Minute Entry for proceedings held before Judge Robert M Takasugi - CRD: Gail Glass; AUSA: Larry Wszalek and Michael Walting; Def Cnsl: Robert Bernoft and Robert Barnes; Court Reporter: Barry Fanning; JURY TRIAL Day Three as to David Struckman held on 11/2/2007. The defendant is present, and represented by counsel. The testimony of Daniel Andersen resumes. Exhibits Marked and admitted: 38, 39, 40, 51, A-3, A-4, 558, 559, 560, 50, 48,233, 47, 61, 26, 25, 255, 68, 232,66, 67, 70, 79, 289, 231, 21,76, 73, 29, 75, 77, 78, 22, 42,43 and A-57. Jeff Lewis is sworn and testifies. Exhibits Marked and admitted: 92, 247,249, and 250. Kim Reichert is sworn and testifies. Exhibits marked and admitted: 274, 83, 84, 85, 86, and 88. SharonAshley is sworn and testifies. Exhibits markedand admitted: 87. The Court and Counsel conduct a Side bar regarding the striking of testimony of Sharon Ashley concerning Laura Struckman.Dwayne Robare is sworn and testifies. Exhibits marked and admitted: 114, 116,and 115. The Court adjourns and instructs the jury to return on Monday, November 5, 2007 at 9:00 a.m. (GG, ) (Entered: 11/05/2007)
11/05/2007473 Minute Entry for proceedings held before Judge Robert M Takasugi - CRD: Gail Glass; AUSA: Larry Wszalek and Michael Waltling; Def Cnsl: Robert Bernhoft and Robert Barnes; Court Reporter: Barry Fanning; JURY TRIAL Day Four as to David Struckman held on 11/5/2007. The defendant is present and represented by counsel. The testimony of Dwayne Robare continues. Lorenzo LaMantia is sworn and testifies. Exhibits marked and admitted: 235, 239, 238, 120, 230, 153, 158, 139, 36, 236, 237, 246, 232, 122, 125, 123, 126,124, 127, 134, 228, 136, 137, 138, 259, 264, 248, 249, 141, 143,147, 145, 146, 154, 128, 129, 130, 131, and 132. Outside the presence of the jury, the Court and counsel discuss video experts concerning the Matrix and the testimony of Lorenzo Lamantia. Shirley Kirchan-Person is sworn and testifies.Exhibits marked and admitted: 93, 94, 95, 96, 97,And 92. John Hanks is sworn and testifies. Exhibits marked and admitted: 160, 163, and 161. Thomas Thornton is sworn and testifies. Exhibits marked and admitted; 166, 167, 169, 170, 175, 177,183, 265, 266, 267, 268, 269, 270, 271,and 272. Stipulations read into the record regarding exhibit no. 293 and 294. Grey Lundberg is sworn and testifies. Exhibits marked and admitted: 102-109,and 101.Jeri Drager is sworn and testifies. Exhibits marked and admitted: 211, and 210. Jeffrey W. Lee Sworn and testifies. Exhibits marked and admitted:164. Kevin Lehmann sworn and testifies. Exhibits marked and admitted:196, 199, 198, 197, 200, 201, 203, and 204. The jury is excused to return on Tuesday, November 6, 2007 at 9:00 a.m. (GG, ) (Entered: 11/06/2007)
11/06/2007471 Proposed Jury Instructions by David Struckman (Barnes, Robert) (Entered: 11/06/2007)
11/06/2007474 Minute Entry for proceedings held before Judge Robert M Takasugi - CRD: Gail Glass; AUSA: Larry Wszalek and Michael Waltling; Def Cnsl: Robert Bernhoft and Robert Barnes; Court Reporter: Barry Fanning; JURY TRIAL Day Five as to David Struckman held on 11/6/2007. The defendant is present and represented by counsel. Becky L Coggins is sworn and testifies. Exhibits marked and admitted: 241, 242, 112, 245, and 30. Richard O. Wagner is sworn and testifies. Exhibits marked and admitted: 219, 220, and 221.Anthony Mazzarella is sworn and testifies. Exhibits marked and admitted: 216 and 215. Joe Glover is sworn and testifies. Stipulations read into the record admitted as exhibits: 295 and 296. Exhibits 185 and 186 marked and admitted into evidence. Kandis Shrout is sworn and testifies. Exhibits marked and admitted: 213. Gregory Dean cox is sworn and testifies as an expert. Exhibits marked and admitted: 275, 276, 277, 284, 285, 286, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335,336,338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350-359, 370-376. Outside the presence of the jury, Counsel discuss a joint scheduling proposal with the court. The government rests. The defendant's rest. The jury is excused until Thursday, November 8, 2007. The defendant's will file a Rule 29 motion. Court will hear argument on Rule 29 motion and jury instructions on Wednesday, November 7, 2007 at 9:00 a.m. (GG, ) (Entered: 11/06/2007)
11/07/2007475  MOTION for Acquittal on Counts 1, 8, 9, and 10 Pursuant to Rule 29 by David Struckman. Noting Date 11/23/2007.(Bernhoft, Robert) (Entered: 11/07/2007)
11/07/2007476 Objection to Proposed Jury Instructions by David Struckman Proposed Changes and Brief Memorandum (Bernhoft, Robert) Modified on 11/8/2007 (ECS, ). (Entered: 11/07/2007)
11/07/2007478 Minute Entry for proceedings held before Judge Robert M Takasugi - CRD: Gail Glass; AUSA: Larry Wszalek andMichael Waltling; Def Cnsl: Robert Bernhoft and Robert Barnes; Court Reporter: Barry Fanning; JURY TRIAL Day Six as to David Struckman held on 11/7/2007. The defendant is present and represented by counsel. The Court hears arguments of counsel regarding Defendant's Rule 29 Motion for acquital docket no. 475 . The Court DENIES Defendant's Motion. Counsel shall file by Wednesday, November 7, 2007 an agreed set of jury instructions. The trial will resume on Thursday, November 8, 2007 at 9:00 a.m. (GG, ) (Entered: 11/08/2007)
11/08/2007477 STIPULATED JURY Instructions by USA as to David Struckman (Watling, Michael) Modified on 11/9/2007 (ECS, ). (Entered: 11/08/2007)
11/08/2007479 Minute Entry for proceedings held before Judge Robert M Takasugi - CRD: Gail Glass; AUSA: Larry Wszalek and Michael Waltling; Def Cnsl: Robert Bernhoft and Robert Barnes; Court Reporter: Barry Fanning; JURY TRIAL Seventh Day as to David Struckman held on 11/8/2007. The defendant is present and represented by counsel. Counsel present their Closing Arguments. The Court instructs the jury. The jury began deliberations. (GG, ) Modified on 11/8/2007 (GG, ). (Entered: 11/08/2007)
11/08/2007480 STIPULATED JURY Instructions by USA as to David Struckman (Watling, Michael) Modified on 11/9/2007 (ECS, ). (Entered: 11/08/2007)
11/08/2007481 Minute Entry for jury trial proceedings as to dft David Struckman held before Judge Robert M Takasugi - CRD: Gail Glass; AUSA: Larry Wszalek/Michael Waltling; Def Cnsl: Robert Bernhoft/Robert Barnes; Court Reporter: Barry Fanning; Time of Hearing: 1pm; At 3:30pm the jury informs court that it has reached a verdict of GUILTY as to counts 1,8,9,10 of the Indictment; Sentencing set for 3/3/2008 at 10:30 AM before Hon. Robert M Takasugi. (RS, ) (Entered: 11/14/2007)
11/08/2007483 JURY VERDICT as to David Struckman Guilty on count(s) 1,8,9,10. (cc: USPO, PTS) (RS, ) (Entered: 11/14/2007)
11/08/2007485 Court's Jury Instructions as to David Struckman (RS, ) (Entered: 11/19/2007)
12/07/2007488 ORDER to pay for juror meals as to David Struckman by Judge Robert M Takasugi. (RS, ) (Entered: 12/13/2007)
01/28/2008490 TRANSCRIPT DESIGNATION FORM for proceedings held on 11/1-11/2/07 Requesting Attorney: William Cohan. (LMK, ) (Entered: 01/28/2008)
02/01/2008492 MINUTE ORDER as to Daniel Andersen, David Struckman, Lorenzo Lamantia, Dwayne Robare, Kuldip Singh by Judge Robert M Takasugi. (cc: USPO) cc: USMO; Sentencing set for 5/12/2008 at 10:30 AM before Hon. Robert M Takasugi in Seattle, WA Courtroom 18206-B. (RS, ) (Entered: 02/01/2008)
03/13/2008494 NOTICE of Unavailability of attorney Robert E Barnes from May 5, 2008 to May 30, 2008 (Barnes, Robert) (Entered: 03/13/2008)
03/13/2008495  MOTION to Continue Sentencing by David Struckman. Noting Date 3/28/2008.(Barnes, Robert) (Entered: 03/13/2008)
04/04/2008496 MINUTE ORDER as to Daniel Andersen, David Struckman, Lorenzo Lamantia, Dwayne Robare, Kuldip Singh by Judge Robert M Takasugi. (cc: USPO, PTS, USMO) Sentencing continued to 7/28/2008 at 10:30 AM before Hon. Robert M Takasugi in Seattle WA in courtroom 18206-B. cc: B Rifkin, S Haas (RS, ) (Entered: 04/07/2008)
04/10/2008497  MOTION for Extension of Time to File Response/Reply to Pre-Sentence Report by David Struckman. Noting Date 4/18/2008.(Barnes, Robert) (Entered: 04/10/2008)
04/18/2008500 ORDER granting 497 Motion for Extension of Time to 6/10/08 to File Objections to Pre-Sentence Report as to David Struckman (2) by Judge Robert M Takasugi.(RS, ) (Entered: 04/21/2008)
06/12/2008505  MOTION to Seal Document Sentencing Related Pleadings and Memoranda by USA as to Daniel Andersen, David Struckman, Lorenzo Lamantia, Dwayne Robare, Kuldip Singh (Attachments: # 1 Proposed Order)(Watling, Michael) (Entered: 06/12/2008)
06/13/2008511 ORDER granting 505 Motion to seal govt's sentencing related pleadings and memoranda by Hon. Robert M Takasugi.(RS) (Entered: 06/16/2008)
06/16/2008510  MOTION for Leave to File Objections to PSR by June 17, 2008 by David Struckman. Noting Date 6/27/2008; (Bernhoft, Robert) (Entered: 06/16/2008)
06/17/2008512 ORDER granting 510 Motion to file objections to PSR by 6/17/08; as to David Struckman (2) by Hon. Robert M Takasugi.(RS) (Entered: 06/17/2008)
07/17/2008515 SEALED DOCUMENT Sentencing Memorandum by USA as to Daniel Andersen, David Struckman, Lorenzo Lamantia, Dwayne Robare, Kuldip Singh re 511 Order on Sealed Motion, Order on Motion to Seal Document (Attachments: # 1 Exhibit Tycoon Magazine, # 2 Exhibit Senate Committee on Finance Testimony, # 3 Exhibit Washington Times)(Watling, Michael) (Entered: 07/17/2008)
07/23/2008523 SENTENCING MEMORANDUM by David Struckman (Bernhoft, Robert) (Entered: 07/23/2008)
07/23/2008524 SUPPLEMENT by David Struckman re 523 Sentencing Memorandum (Attachments: # 1 Letter from Rachel Bovee, # 2 Letter from Shannon Dawley, # 3 Letter from Linda Eggers, # 4 Letter from Aaron D. Fleming, # 5 Letter from Richard Fuller, Jr., # 6 Letter from Paula M. Holmes, # 7 Letter from Margie Huss, # 8 Letter from Steward and JoAnne Kime, # 9 Letter from J. Mark Seaton, # 10 Letter from Anthony Struckman, # 11 Letter from Carley Styron, # 12 Letter from Jennifer Wininger)(Bernhoft, Robert) (Entered: 07/23/2008)
07/28/2008536 Minute Entry for proceedings held before Hon. Robert M Takasugi- CRD: Gail Glass; AUSA: Larry J Wszalek/Michael Waitling; Def Cnsl: Robert G Bernhoft; USPO: Richard B Cowan; Court Reporter: Joe Roth.SENTENCING held on 7/28/2008 for David Struckman (2), Count(s) 1, DISMISSED; Count(s) 1s, Count(s) 8s-10s: Deft is committed to the custody of AG for a total term of 70 months. As to Count 1 in custody for a term of 40 months. As to Counts 8 & 9, in custody for a term of 40 months. As to Count 10, in custody for a term of 30 months. The terms of imprisonment on Count 8 and 9, are to run concurrent to each other, and concurrently to Count 1. The term of imprisonment on Count 10 is to run consecutive to Counts 1,8,9. Defendant shall receive credit for 30 months as time served. The court makes the recommendations to the Bureau of Prisons: Deft be placed at Federal Correctional Institute (FCI) Terminal Island, CA. Upon release from imprisonment, the defendant shall be on supervised release for a term of 3 yrs w/conditions. Fine-waived; $400 specias assessments; $2,938,267 - Restitution. (MD) (Entered: 08/20/2008)
08/06/2008526  MOTION To Add Recommendation for Designation to Judgment by David Struckman. Noting Date 8/11/2008 (Bernhoft, Robert) (Entered: 08/06/2008)
08/15/2008537 JUDGMENT as to David Struckman by Hon. Robert M Takasugi. (cc: USPO, PTS, FLU, Fin., USMO, Sea Tac Det) (received minutes/judgment by e-mail on 8/19/08) (MD) (Entered: 08/20/2008)
08/15/2008538 ORDER granting 526 Motion to add recommendation for designation to serve sentence as to David Struckman (2) by Hon. Robert M Takasugi. cc: USMO;(MD) Modified on 8/20/2008-received order by e-mail on 8/19/08 (MD). (Entered: 08/20/2008)
08/15/2008539 SENTENCING EXHIBIT #1 by USA as to Daniel Andersen, David Struckman, Lorenzo Lamantia, Dwayne Robare, Kuldip Singh (Attachments: # 1 Exhibit 2; # 2 Exhibit 3; # 3 Exhibit 5; # 4 Exhibit 6)(MD) (Entered: 08/20/2008)
08/25/2008541 NOTICE OF APPEAL (08-30312) by David Struckman. Filing Fee: $455, receipt number 09810000000001530442. (Bernhoft, Robert) Modified on 9/2/2008; added CCA case number (LMK). (Entered: 08/25/2008)
08/26/2008 Appeal Fees received $ 455.00, receipt number SEA1530442 as to David Struckman re 541 Notice of Appeal : (SA) (Entered: 08/26/2008)
08/26/2008542 TIME SCHEDULE ORDER as to 541 Notice of Appeal filed by David Struckman. A non-designation will be filed, or the transcript(s) will be ordered by 9/16/08; Transcripts due by 10/16/08; Appellant opening brief due by 11/25/08; Appellee response brief due by 12/26/08; Appellant optional reply brief due by 1/9/09. (SA) (Entered: 08/26/2008)
08/26/2008543 APPEAL NOTIFICATION packet as to David Struckman sent to US Court of Appeals re 541 Notice of Appeal (Attachments: # 1 Docket)(SA) (Entered: 08/26/2008)
08/28/2008544 USCA Case Number as to David Struckman 08-30312 for 541 Notice of Appeal filed by David Struckman. (LMK) (Entered: 09/02/2008)
09/04/2008546  MOTION for Re-Designation to FCI Sheridan by David Struckman. (Attachments: # 1 Proposed Order) Noting Date 9/5/2008 (Bernhoft, Robert) (Entered: 09/04/2008)
09/04/2008548 ORDER granting 546 Motion to modify recommendation for designation to serve sentence as to David Struckman (2) by Hon. Robert M Takasugi. cc: USMO;(RS) (Entered: 09/04/2008)
01/06/2009555 ORDER of USCA (08-30312) as to David Struckman re 541 Notice of Appeal Appellee's motion for extension of time to file answering brief is GRANTED. answering brief due 2/5/09; optional reply brief due 14 days after service of answering brief. Appellant shall monitor issuance of certificate of record. (SA) (Entered: 01/06/2009)
02/03/2009557 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Sentencing held on 7/28/2008 before Judge Robert M. Takasugi.

Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov.

To purchase a copy of the transcript contact court reporter J. Roth by telephone at 206-370-8508.

Release of Transcript Restriction set for 5/4/2009, (SA) (Entered: 02/03/2009)

03/26/2010 Case as to Daniel Andersen, David Struckman, Lorenzo Lamantia, Dwayne Robare, Kuldip Singh Reassigned to Judge Robert S. Lasnik. (RS) (Entered: 03/26/2010)
03/26/2010563 ORDER AGREED BY THE PARTIES GRANTING govt's 561 Motion for reduced sentence and for the transportation and release of dft Lorenzo Lamantia (3) by Judge Robert S. Lasnik.(RS) cc 3 cert copies hand delivered to USMO, fax to BOP (Entered: 03/26/2010)
06/29/2010566 OPINION of USCA (08-30312-NOT THE MANDATE) as to David Struckman re 541 Notice of Appeal; Affirm. (LMK) (Entered: 06/29/2010)
07/20/2010567 ORDER of USCA (08-30312) as to David Struckman re 541 Notice of Appeal Appellee is directed to file response to petition for rehearing en banc filed 7/13/10, SEE ORDER FOR FURTHER INSTRUCTION.(SA) (Entered: 07/20/2010)
08/26/2010568 ORDER of USCA (08-30312) as to David Struckman re 541 Notice of Appeal The full court has been advised of the petition for rehearing en banc, and no judge of the court has requested a vote on it. Petition for petition for rehearing en banc is, therefore, DENIED.(SA) (Entered: 08/26/2010)
09/08/2010569 MANDATE of USCA (08-30312) as to David Struckman re 541 Notice of Appeal judgment of this court, entered June 29, 2010, takes effect this date. AFFIRMED.(SA) (Entered: 09/08/2010)


PACER Service Center
Transaction Receipt
06/03/2023 07:47:07
PACER Login: andy0357 Client Code:
Description: Docket Report Search Criteria: 2:04-cr-00229-RSL
Billable Pages: 27 Cost: 2.70