USA v. Elder et al
| New York Eastern District Court | |
| Case #: | 1:18-cr-00092 |
| Case Filed: | Feb 21, 2018 |
| Last checked: Saturday Sep 25, 2021 7:25 PM EDT |
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Defendant
Mahdi Abdel-Rahim (2)
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Represented By
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Defendant
Ppassim Elder (1)
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Represented By
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Defendant
Dwayne Ling (3)
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Represented By
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Defendant
Frederick McCoy (4)
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Represented By
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Defendant
Wilbert Bryant (7)
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Represented By
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Defendant
Mohammed Rabah (6)
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Represented By
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Plaintiff
USA
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Represented By
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| TERMINATED PARTIES | |
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Defendant
Abdelkareem Abu Zahrieh (5)
Terminated: 08/27/2021
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Represented By
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GPO
Aug 27 2021
MEMORANDUM and ORDER as to Abdelkareem Abu Zahrieh: A sentence of 10 months of incarceration, to be followed by 2 years of supervised release with special conditions, restitution in the amount of $19,000.00, and a $100.00 special assessment is appropriate and comports with the dictates of § 3553. This sentence is consistent with, and is sufficient but no greater than necessary to accomplish, the purposes of § 3553(a)(2). The Court expressly adopts the factual findings of the Presentence Investigation Report, and all addenda barring any errors contained therein. SO Ordered by Judge William F. Kuntz, II on 8/25/2021. (Tavarez, Jennifer) |
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GPO
Mar 21 2022
DECISION & ORDER as to Ppassim Elder, Wilbert Bryant: On March 12, 2020, the United States of America filed a fourteen-count Superseding Indictment (the "Indictment") in this action. See ECF No. 230. Beginning on September 20, 2021, the Court presided over the jury trial of Ppassim Elder and Wilbert Bryant (collectively, "Defendants"). On October 1, 2021, the jury found Ppassim Elder guilty of Counts One through Thirteen, and Wilbert Bryant guilty of Counts Two, Seven, Eight, Nine, and Ten. The jury acquitted Ppassim Elder on Count Fourteen. Defendants now move pursuant to Federal Rule of Criminal Procedure 29 for a judgment of acquittal on Counts Two, Seven, Eight, Nine, and Ten of the Indictment, and pursuant to Federal Rule of Criminal Procedure 33 for a new trial. For the reasons set forth in the Decision & Order, Defendants' motions are DENIED. Elder and Bryant killed one man. This Court declines to let them add one or more jurors to their body count. For the foregoing reasons, the Court DENIES Defendants' motions for a judgment of acquittal under Rule 29 and motions for a new trial under Rule 33. The Clerk of Court is directed to terminate the motions pending at ECF Nos. 382 and 383. SO ORDERED by Judge William F. Kuntz, II on 3/21/2022. (Yu, Stephanie)DECISION & ORDER as to Ppassim Elder, Wilbert Bryant: On March 12, 2020, the United States of America filed a fourteen-count Superseding Indictment (the "Indictment") in this action. See ECF No. 230. Beginning on September 20, 2021, the Court presided over the jury trial of Ppassim Elder and Wilbert Bryant (collectively, "Defendants"). On October 1, 2021, the jury found Ppassim Elder guilty of Counts One through Thirteen, and Wilbert Bryant guilty of Counts Two, Seven, Eight, Nine, and Ten. The jury acquitted Ppassim Elder on Count Fourteen. Defendants now move pursuant to Federal Rule of Criminal Procedure 29 for a judgment of acquittal on Counts Two, Seven, Eight, Nine, and Ten of the Indictment, and pursuant to Federal Rule of Criminal Procedure 33 for a new trial. For the reasons set forth in the Decision & Order, Defendants' motions are DENIED. Elder and Bryant killed one man. This Court declines to let them add one or more jurors to their body count. For the foregoing reasons, the Court DENIES Defendants' motions for a judgment of acquittal under Rule 29 and motions for a new trial under Rule 33. The Clerk of Court is directed to terminate the motions pending at ECF Nos. 382 and 383. SO ORDERED by Judge William F. Kuntz, II on 3/21/2022. (Yu, Stephanie) |
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GPO
Nov 09 2022
ORDER: On March 12, 2020, the United States of America filed a fourteen-count Fifth Superseding Indictment (the "Indictment") against Ppassim Elder and Wilbert Bryant (collectively, "Defendants"). See ECF No. 230. On October 1, 2021, a jury found Defendant Elder guilty of Counts One through Thirteen and Defendant Bryant guilty of Counts Two, Seven, Eight, Nine, and Ten. The jury acquitted Defendant Elder on Count Fourteen. On May 20, 2021, Ppassim Elder filed a pretrial motion requesting, among other things, dismissal of Counts Nine and Ten of the Indictment, which are based on the crime charged in Count Eight. ECF No. 275. Count Eight charges Elder and Bryant with knowingly and intentionally threatening to commit and committing physical violence against Mahmoud and Hani Kasem in furtherance of a plan to commit extortion, in violation of 18 U.S.C. § 1951(a). Counts Nine and Ten of the Superseding Indictment relate to the same conduct giving rise to Count Eight. Specifically, Count Nine charges Defendants with knowingly and intentionally using and carrying a firearm during and in relation to a crime of violence and possessing, brandishing, and discharging that firearm in furtherance of the crime in violation of 18 U.S.C. §§ 924( c )(1 )(A)(i)-(iii). Count Ten charges Defendants with committing murder during that crime of violence in violation of 18 U.S.C. § 924(i)(l). On August 25, 2021, the Court denied the motion. ECF No. 316. Before the Court are Defendants' motions for reconsideration of the Court's decision denying the motion. ECF Nos. 420, 424. In light of recent Supreme Court and Second Circuit decisions, see, e.g., United States v. Taylor, 142 S. Ct. 2015 (2022) and United States v. Chappelle, 41 F.4th 102 (2d Cir. 2022), and on consent of the parties, the Court GRANTS Defendants' motions to dismiss Counts Nine and Ten of the Fifth Superseding Indictment as to Defendants Elder and Bryant. So Ordered by Judge William F. Kuntz, II on 11/9/2022. (SY)ORDER: On March 12, 2020, the United States of America filed a fourteen-count Fifth Superseding Indictment (the "Indictment") against Ppassim Elder and Wilbert Bryant (collectively, "Defendants"). See ECF No. 230. On October 1, 2021, a jury found Defendant Elder guilty of Counts One through Thirteen and Defendant Bryant guilty of Counts Two, Seven, Eight, Nine, and Ten. The jury acquitted Defendant Elder on Count Fourteen. On May 20, 2021, Ppassim Elder filed a pretrial motion requesting, among other things, dismissal of Counts Nine and Ten of the Indictment, which are based on the crime charged in Count Eight. ECF No. 275. Count Eight charges Elder and Bryant with knowingly and intentionally threatening to commit and committing physical violence against Mahmoud and Hani Kasem in furtherance of a plan to commit extortion, in violation of 18 U.S.C. § 1951(a). Counts Nine and Ten of the Superseding Indictment relate to the same conduct giving rise to Count Eight. Specifically, Count Nine charges Defendants with knowingly and intentionally using and carrying a firearm during and in relation to a crime of violence and possessing, brandishing, and discharging that firearm in furtherance of the crime in violation of 18 U.S.C. §§ 924( c )(1 )(A)(i)-(iii). Count Ten charges Defendants with committing murder during that crime of violence in violation of 18 U.S.C. § 924(i)(l). On August 25, 2021, the Court denied the motion. ECF No. 316. Before the Court are Defendants' motions for reconsideration of the Court's decision denying the motion. ECF Nos. 420, 424. In light of recent Supreme Court and Second Circuit decisions, see, e.g., United States v. Taylor, 142 S. Ct. 2015 (2022) and United States v. Chappelle, 41 F.4th 102 (2d Cir. 2022), and on consent of the parties, the Court GRANTS Defendants' motions to dismiss Counts Nine and Ten of the Fifth Superseding Indictment as to Defendants Elder and Bryant. So Ordered by Judge William F. Kuntz, II on 11/9/2022. (SY) |
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GPO
Feb 09 2023
MEMORANDUM & ORDER as to Ppassim Elder: On March 12, 2020, the United States of America filed a fourteen-count Superseding Indictment (the "Indictment") in this action. See ECF No. 230. Beginning on September 20, 2021, this Court presided over the jury trial of Ppassim Elder ("Defendant") and Wilbert Bryant ("co-Defendant"). On October 1, 2021, the jury found Ppassim Elder guilty at to Counts One through Thirteen, and Wilbert Bryant guilty as to Counts Two, Seven, Eight, Nine, and Ten. The jury acquitted Defendant Elder on Count Fourteen. On November 9, 2022, this Court vacated the convictions for Counts Nine and Ten as to Defendants Elder and Bryant. For the reasons discussed below, Defendant is hereby sentenced to a term of life incarceration, restitution in an amount to be determined, forfeiture in the amount of $330,561.36, and a $1,100 mandatory special assessment. Finally, the Court has this to say to the families of the victims of these crimes: Ladies and Gentlemen, this Court humbly acknowledges and respects your heartfelt loss. This Court humbly thanks you for the honor of introducing me to the great man, Mr. Hani Kasem, who truly was and truly remains. In the days, the weeks, the months, and the years ahead, you will continue to recall, to share, to reflect, and to enhance our lives with your loving tributes to his. As long as you speak his name, he will live, live not only among you, but among all of us among all of us in the Eastern District of New York; among all Americans in this our one nation, under God, with Liberty and Justice for all. Our United States of America. God bless and keep you and your families safe, now and forever. This Court hereby sentences the Defendant Ppassim Elder to a sentence of life incarceration, restitution in an amount to be determined, forfeiture in the amount of $330, 561.36, and a $1,100mandatory special assessment is appropriate and comports with the dictates of § 3553. This sentence is consistent with, and is sufficient but not greater than necessary to accomplish, the purposes of § 3553(a)(2). The Court expressly adopts the factual findings of the Presentence Investigation Report and the addenda thereto, barring any errors contained therein, to the extent they are not inconsistent with this opinion. So Ordered by Judge William F. Kuntz, II on 2/9/2023. (SY) |
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GPO
Feb 09 2023
MEMORANDUM & ORDER as to Wilbert Bryant: On March 12, 2020, the United States of America filed a fourteen-count Superseding Indictment (the "Indictment") in this action charging Wilbert Bryant ("Defendant") with CountsTwo, Seven, Eight, Nine, and Ten, and Ppassim Elder ("co-Defendant") with Counts One through Fourteen. See ECF No. 230. Beginning on September 20, 2021, this Court presided over the jury trial of Bryant and Elder. On October 1, 2021, the jury found Ppassim Elder guilty as to Counts One through Thirteen, and Wilbert Bryant guilty as to Counts Two, Seven, Eight, Nine, and Ten. The jury acquitted Defendant Elder on Count Fourteen. On November 9, 2022, this Court vacated the convictions for Counts Nine and Ten as to Defendants Elder and Bryant. For the reasons discussed below, Defendant is hereby sentenced to a term of 40 years of incarceration, 5 years of supervised release with special conditions, restitution in an amount to be determined, forfeiture in the amount of $12,800, and a $300 mandatory special assessment. A sentence of 40 years of incarceration, 5 years of supervised release with special conditions, restitution in an amount to be determined, forfeiture in the amount of $12,800, and a $300 mandatory special assessment is appropriate and comports with the dictates of § 3553. This sentence is consistent with, and is sufficient but not greater than necessary to accomplish, the purposes of § 3553(a)(2). The Court expressly adopts the factual findings of the Presentence Investigation Report and the addenda thereto, barring any errors contained therein, to the extent they are not inconsistent with this opinion. So. Ordered by Judge William F. Kuntz, II on 2/9/2023. (SY) |
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GPO
Oct 01 2024
MEMORANDUM & ORDER as to Dwayne Ling: On August 2, 2023, Defendant pled guilty to a two-count Superseding Information, charging Defendant with Extortion Conspiracy, in violation of 18 U.S.C. § 1951(a), and Committing Physical Violence in Furtherance of an Extortion, in violation of 18 U.S.C. §§ 195l(a) and 2. See Plea Agreement, ECF No. 528. This Court hereby sentences Defendant and sets forth its reasons for his sentence using the rubric of the 18 U.S.C. § 3553(a) factors pursuant to 18 U.S.C. § 3553(c)(2). For the reasons discussed below, Defendant is hereby sentenced to a term of 235 months of incarceration, three years of supervised release with the special and standard conditions, and a $200.00 mandatory special assessment. Ordered by Judge William F. Kuntz, II on 10/1/2024. (IH) |
| Docket last updated: 10/04/2021 5:36 PM EDT |
| Wednesday, February 21, 2018 | ||
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pgs
SEALED INDICTMENT as to Ppassim Elder (1) count(s) 1, 2, 3, 4, Mahdi Abdel-Rahim (2) count(s) 1, 2, Dwayne Ling (3) count(s) 1, 2, 3, 4, Frederick McCoy (4) count(s) 1, 2, 3, 4. (Fernandez, Erica) (Attachment 2 replaced on 2/21/2018) (Fernandez, Erica).
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Att: 1
Criminal Information Sheet,
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Att: 2
Sealing Form,
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Att: 3
Sealing Cover Sheet
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REDACTED INDICTMENT by USA as to Mahdi Abdel-Rahim, Dwayne Ling. (Tavarez, Jennifer) Modified on 3/2/2018 (Tavarez, Jennifer).
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