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SEALED ORAL ORDER as to Sealed Defendant 1. (Signed by Magistrate Judge Barbara C. Moses on 5/11/2018)(dif) [1:18-mj-04035-UA]
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COMPLAINT as to Brent Borland (1). In Violation of 15 U.S.C. 78j (b), 78FF; 17 C.F.R. 240.10b-5; 18 U.S.C. 371, 1343 and 2 (Signed by Magistrate Judge Barbara C. Moses) (dif) [1:18-mj-04035-UA]
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Arrest of Brent Borland. (dif) [1:18-mj-04035-UA]
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Attorney update in case as to Brent Borland. Attorney David Alan Gehn for Brent Borland added.. (dif) [1:18-mj-04035-UA]
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NOTICE OF ATTORNEY APPEARANCE: Retained Attorney David Alan Gehn appearing for Brent Borland. (dif) [1:18-mj-04035-UA]
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Minute Entry for proceedings held before Magistrate Judge Barbara C. Moses: Initial Appearance as to Brent Borland held on 5/16/2018., Deft Appears with Retained Attorney David A. Gehn and AUSA Edward Imperatore for the government. AGREED CONDITIONS OF RELEASE: $2,000,000 PRB; 3 FRP'S; Secured by Property: All Equity in 43 North Haven Way, Sag Harbor, NY 11963; Travel Limited to SDNY/EDNY; Surrender Travel Documents (& No New Applications); Pretrial Supervision As Directed by PTS; Deft to Submit to Urinalysis, If Positive, Add Condition of Drug Testing/Treatment; Deft Not to Possess Firearm/Destructive Device/Other Weapon; Deft to Be Released on Own Signature, Plus the Following Conditions; Signature of Wife, Alana Borland; Gov'r Estimates Equity to Be Approximately $900,000, If Not, Gov't May Seek Additional Security or Other Modification. Gov't Notes that the Posting of the Real Property at 43 North Haven Way is Not Intended to Abrogate or Limit the TRO and Asset Freeze Order Issued Earlier Today by Judge Castel in SEC v Borland, 18-CV-4352 (SDNY); Ms. Borland is Provisionally Accepted as First FRP for Purposes of Deft's Release, Subject to Further Consideration by USAO; Ms. Borland is to Surrender her Passport and Make No New Application for Travel Documents; By 5/18/18, All 3 FRP'S to Sign; Passport To Be Surrendered by 5/23/18; Property To Be Posted and Deft to Surrender All Firearms to Local Police; Other; Deft is Not to Travel by Air (Commercial or Private), Solicit Any Investment or Have Any Contact with Investors in Belize Fund or Related Entities; ( Preliminary Hearing set for 6/15/2018 at 10:00 AM before Judge Unassigned.) (dif) [1:18-mj-04035-UA]
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AGREEMENT TO FORFEIT REAL PROPERTY by Brent Borland. Personal Recognizance Bond in the amount of $ 2,000,000 PRB, 3 FRP'S; Secured by Property: All Equity in 43 North Haven Way, Sag Harbor, NY 11963; Travel Limited to SDNY/EDNY; Surrender Travel Documents (& No New Applications); Pretrial Supervision As Directed by PTS; Deft to Submit to Urinalysis, If Positive, Add Condition of Drug Testing/Treatment; Deft Not to Possess Firearm/Destructive Device/Other Weapon; Deft to Be Released on Own Signature, Plus the Following Conditions; Signature of Wife, Alana Borland; Gov't Estimates Equity to Be Approximately $900,000, If Not, Gov't May Seek Additional Security or Other Modification; Gov't Notes that the Posting of the Real Property at 43 North Haven Way is Not Intended to Abrogate or Limit the TRO and Asset Freeze Order Issued Earlier Today by Judge Castel in SEC v Borland, 18-CV-4352 (SDNY), Ms. Borland is Provisionally Accepted As First FRP for Purposes of Deft's Release, Subject to Further Consideration by USAO; Ms. Borland is to Surrender her Passport and Make No New Application for Travel Documents; By 5/18/18 All 3 FRP'S to Sign; Passport to Be Surrendered by 5/22/18; Property To Be Posted and Deft to Surrender All Firearms to Local Police; Other; Deft is Not to Travel by Air (Commercial or Private), Solicit Any Investment or Have Any Contact with Investors in Belize Fund or Related Entities (dif) [1:18-mj-04035-UA]
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ENDORSED LETTER as to Brent Borland addressed to Magistrate Judge Barbara C. Moses from David A. Gehn, Esq dated 5/17/2018 re: USA v Brent Borland, 18 Mag 4035. Mr. Gehn respectfully request that Your Honor correct the condition and order that only Alana Borland surrender her passport and the other two FRP'S. Application Granted, So Ordered. (Signed by Magistrate Judge Barbara C. Moses on 5/17/2018)(dif) [1:18-mj-04035-UA]
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ENDORSED LETTER as to Brent Borland addressed to Magistrate Judge Barbara C. Moses from David A. Gehn, Esq dated 5/18/2018 re: USA v Brent Borland, 18 Mag 4035. Mr. Gehn respectfully request that Your Honor modify the Order that Mr. Borland have until May 22, 2018 to obtain the third FRP signature. Application Granted, So Ordered. (Signed by Magistrate Judge Barbara C. Moses on 5/22/2018)(dif) [1:18-mj-04035-UA]
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ENDORSED LETTER as to Brent Borland addressed to Magistrate Judge Barbara C. Moses from David A. Gehn, Esq dated 5/23/2018 re: USA v Brent Borland, 18 Mag 4035. Mr. Gehn respectfully request that Your Honor extend the deadline for the defendant to fully execute the confession of judgment until 5/25/2018. Application Granted, So Ordered. (Signed by Magistrate Judge Barbara C. Moses on 5/24/2018)(dif) [1:18-mj-04035-UA]
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AFFIRMATION of AUSA Edward Imperatore in Support by USA as to Brent Borland, the government is requesting a 30-day continuance until 7/15/18. (jbo) [1:18-mj-04035-UA]
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ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Brent Borland. Time excluded from 6/15/18 until 7/15/18. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/15/18)(jbo) [1:18-mj-04035-UA]
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Case Designated ECF as to Brent Borland. (jm)
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INDICTMENT FILED as to Brent Borland (1) count(s) 1, 2, 3. (jm) (Main Document 11 replaced on 7/13/2018) (ft).
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