USA v. Bernstein
| Hawaii District Court | |
| Case #: | 1:21-cr-00133 |
| Case Filed: | Nov 04, 2021 |
| Last checked: Friday Nov 05, 2021 9:31 PM HST |
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Defendant
Robert W. Bernstein (1)
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Represented By
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Plaintiff
USA
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Represented By
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| Docket last updated: 11/05/2021 10:19 PM HST |
| Thursday, December 17, 2020 | ||
| 1 | 1
CRIMINAL COMPLAINT; AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT as to Robert W. Bernstein (1) - Signed by MAGISTRATE JUDGE ROM TRADER on 12/17/2020.
(jni) [1:20-mj-01520-RT]
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| Wednesday, October 20, 2021 | ||
| 3 | 3 EO: as to Defendant Robert W. Bernstein - A Telephonic Initial Appearance is set for 10/21/2021 at 09:30 AM in before MAGISTRATE JUDGE WES REBER PORTER. Parties have been notified. (Maximilian J. Mizono and the Office of the Federal Public Defender is provisionally appointed as counsel for Robert W. Bernstein pending submission of Defendant's Financial Affidavit form at a later date.) Pursuant to the United States District Court for the District of Hawaii's current Temporary General Order Regarding District of Hawaii Response to COVID-19 Pandemic and Order Authorizing the Use of Telephonic and Video Hearings pursuant to the CARES Act, this hearing will be held via AT&T Connect Audio Conference. Call-in information for this hearing is below. Parties must connect to the conference at least ten (10) minutes prior to the scheduled start time of the hearing. Dial in number is 1-888-278-0296. Access Code is 8224751. (MAGISTRATE JUDGE WES REBER PORTER)(jp) [1:20-mj-01520-RT] | |
| 4 | 4
MOTION to Detain Defendant Without Bail by USA as to Robert W. Bernstein. (Yates, Gregg) [1:20-mj-01520-RT]
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| Thursday, October 21, 2021 | ||
| 5 | 5
EP: TELEPHONIC INITIAL APPEARANCE AS TO DEFENDANT ROBERT W. BERNSTEIN
AUSA Gregg Yates appeared on behalf of the United States. Diane Arima-Linscott from Pretrial Services also appeared.
Mr. Max Mizono appeared on behalf of Defendant.
The Court provisionally appointed Max Mizono and the Office of the Federal Public Defender as counsel for the Defendant, until Defendant's Financial Affidavit is submitted and approved by the Court.
Defendant is in custody and present via telephone from the Federal Detention Center. Mr. Mizono represented that Defendant waives his right to appear in person and consents to appear via telephone. The Court conducted a colloquy to confirm Defendant's waiver and consent.
The Court held a Telephonic Initial Appearance.
The Court reviewed with the defendant that this was his first appearance in court and it was not the time to answer to the charge. Instead, an initial appearance hearing was to make sure that the defendant understood the general nature of the charge alleged in the Criminal Complaint, his Constitutional rights including his right to counsel, and to set further hearing dates in the case.
Counsel represented that he reviewed the Criminal Complaint with the defendant and that the defendant understands the general nature of the charge alleged in the Criminal Complaint. The defendant affirmed that he understood the general nature of the charge to the Court.
The Government filed a Motion to Detain Defendant Without Bail (ECF No. 4).
Detention Hearing is set for October 26, 2021 at 9:30 a.m. by telephone before Magistrate Judge Wes Reber Porter.
Preliminary Hearing is set for November 4, 2021 at 9:30 a.m. by telephone before Magistrate Judge Wes Reber Porter.
Pursuant to the United States District Court for the District of Hawaii's current Temporary General Order Regarding District of Hawaii Response to COVID-19 Pandemic and Order Authorizing the Use of Telephonic and Video Hearings pursuant to the CARES Act, the Detention Hearing and Preliminary Hearing will be held telephonically. Parties must connect to the conference via AT&T Connect Audio Conference at 1-888-278-0296 with Access Code is 8224751, at least five (5) minutes prior to the scheduled start time of the hearing.
The Court reminded the government of its obligations under Rule 5(f) and as set out in this Court's General Order dated February 1, 2021: The Court orders the prosecution to comply with its disclosure obligations under Brady v. Maryland, 373 U.S. 83 (1963), and its progeny. Failing to do so in a timely manner may result in consequences, including, but not limited to: exclusion of evidence, adverse jury instructions, dismissal of charges, contempt proceedings, court sanctions, and/or referral to disciplinary counsel. Defendant to remain in the custody of the U.S. Marshals Service at the Federal Detention Center, Honolulu.
Initial Appearance as to Robert W. Bernstein held on 10/21/2021.
Detention Hearing is set for 10/26/2021 9:30 AM telephonically before MAGISTRATE JUDGE WES REBER PORTER.
Preliminary Hearing is set for 11/4/2021 9:30 AM telephonically before MAGISTRATE JUDGE WES REBER PORTER.
***Location start as to Robert W. Bernstein.
***Procedural Interval start as to Robert W. Bernstein.
(ATT / 9:00 a.m. 9:37 a.m.)
(MAGISTRATE JUDGE WES REBER PORTER)
(jni) [1:20-mj-01520-RT]
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| 6 | 6
Arrest Warrant Returned Executed on 10/20/2021 in case as to Robert W. Bernstein.
(jni) [1:20-mj-01520-RT]
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| Monday, October 25, 2021 | ||
| 7 | 7
NOTICE OF ATTORNEY APPEARANCE: appearing for Robert W. Bernstein ; Certificate of Service (Esser, Jacquelyn) [1:20-mj-01520-RT]
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| Tuesday, October 26, 2021 | ||
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EP : Telephonic Detention Hearing as to Robert W. Bernstein held on 10/26/2021. AUSA Gregg Yates appeared on behalf of the United States. Diane Arima-Linscott from Pretrial Services also appeared. APD Jacquelyn Esser appeared on behalf of Defendant.
Defendant is custody and present via telephone from the Federal Detention Center. Ms. Esser represented that Defendant waives his right to appear in person and consents to appear via telephone. The Court conducted a colloquy to confirm Defendant's waiver and consent.
The Court held a Telephonic Detention Hearing. The Court took judicial notice of the U.S. Pretrial Services' Report, other documents on file, arguments of counsel, and found that there are no conditions, or combination of conditions, that can address the risks of non-appearance and danger to the community. The Government's Motion to Detain Defendant Without Bail (ECF No. 4), was GRANTED. Government to prepare order.
Defendant to remain in custody at the Federal Detention Center. EO: The Preliminary Hearing set for 9:30 a.m. on 11/4/2021 is CONTINUED to 1:00 p.m. on the same date, 11/4/2021 by Video Teleconference before Magistrate Judge Wes Reber Porter . The Court will provide participants details regarding VTC access prior to the conference.
The public may attend this conference (audio only) with the information provided below:
Call-in: 1-650-479-3207.
Access code: Access code: 1601263445.
All hearings are strictly prohibited from being recorded or broadcasted, in whole or in part, in any fashion.
Detention Hearing as to Robert W. Bernstein held on 10/26/2021;
granting 4 Motion to Detain as to Robert W. Bernstein (1);
Motions terminated as to Robert W. Bernstein: 4 MOTION to Detain Defendant Without Bail filed by USA.
Preliminary Hearing is CONTINUED to 11/4/2021 01:00 PM in Video Conference Hearing before MAGISTRATE JUDGE WES REBER PORTER.
(ATT / 9:38-9:48 AM) (MAGISTRATE JUDGE WES REBER PORTER)
(eta) [1:20-mj-01520-RT]
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| Wednesday, October 27, 2021 | ||
| 9 | 9
ORDER OF DETENTION PENDING TRIAL as to Robert W. Bernstein - Signed by MAGISTRATE JUDGE WES REBER PORTER on 10/27/2021. (eta) [1:20-mj-01520-RT]
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| Wednesday, November 03, 2021 | ||
| 10 | 10 EO: as to Defendant Robert W. Bernstein - The Preliminary Hearing set for 1:00 p.m. on 11/4/2021 is ADVANCED to 12:00 p.m. on the same date, 11/4/2021 by Video Teleconference before Magistrate Judge Wes Reber Porter. The Court will provide participants details regarding VTC access prior to the conference. The public may attend this conference (audio only) with the information provided below: Call-in: 1-650-479-3207. Access code: Access code: 1601263445. All hearings are strictly prohibited from being recorded or broadcasted, in whole or in part, in any fashion. (MAGISTRATE JUDGE WES REBER PORTER)(jp) [1:20-mj-01520-RT] | |
| Thursday, November 04, 2021 | ||
| 11 | 11
INDICTMENT as to Robert W. Bernstein (1) count(s) 1
(jo)
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| 14 | 14 EO: as to Defendant Robert W. Bernstein - A Telephonic Arraignment and Plea to the Indictment is set for 11/5/2021 at 09:30 AM before MAGISTRATE JUDGE WES REBER PORTER. Pursuant to the United States District Court for the District of Hawaii's current Temporary General Order Regarding District of Hawaii Response to COVID-19 Pandemic and Order Authorizing the Use of Telephonic and Video Hearings pursuant to the CARES Act, this hearing will be held via AT&T Connect Audio Conference. Call-in information for this hearing is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing. Dial in number is 1-888-278-0296. Access Code is 8224751. (MAGISTRATE JUDGE WES REBER PORTER)(jp) | |