USA v. Saskin et al
| New York Western District Court | |
| Case #: | 1:23-cr-00029 |
| Case Filed: | Mar 09, 2023 |
| Last checked: Sunday Mar 12, 2023 4:03 AM EDT |
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Defendant
Kevin Marlor (2)
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Represented By
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Defendant
Zijad Saskin (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: 03/12/2023 4:25 AM EDT |
| Monday, September 12, 2022 | ||
| 1 | 1
COMPLAINT as to Zijad Saskin (1), Kevin Marlor (2). (EG) [1:22-mj-01101-JJM]
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| 2 | 2 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Initial Appearance as to Zijad Saskin, Kevin Marlor held on 9/12/2022. The parties appear. Defendants received copies of the complaint. The government summarizes the charges and potential penalties. Defendants advised of rights. Defendant Saskin indicates he has arranged for counsel. Defendant Marlor requests provisional appointment of counsel, pending a decision on detention. An Attorney Appearance/Detention Hearing set for 9/14/2022 at 11:00 AM in Genesee Courtroom, 6th Floor West, 2 Niagara Square, Buffalo, NY before Hon. Jeremiah J. McCarthy. APFD Frank Passafiume appears for today's purposes and defers on a preliminary hearing. Defendants decline notification of consulate. The government moves for detention based on the risk of flight. Detention hearing set. The parties agree to exclude STA time pending that appearance in light of the pending issues. Defendants have been interviewed. Rule 5(f)/DPPA admonition read and confirmed. APPEARANCES: AUSA David Rudroff; Defendants with AFPD Frank Passafiume; USPO Brian Mamizuka (Court Reporter FTR Gold) (EG) [1:22-mj-01101-JJM] | |
| 3 | 3
RULE 5(f)/DPPA ORDER as to Zijad Saskin, Kevin Marlor. Signed by Hon. Jeremiah J. McCarthy on 9/12/2022. (EG) [1:22-mj-01101-JJM]
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| Wednesday, September 14, 2022 | ||
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NOTICE OF ATTORNEY APPEARANCE: James Q. Auricchio appearing for Kevin Marlor (Auricchio, James) [1:22-mj-01101-JJM]
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| 5 | 5 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Detention Hearing as to Zijad Saskin, Kevin Marlor held on 9/14/2022. The parties appear. Attorney Herbert Greenman appears for Kevin Marlor and indicates that he is retained. Attorney James Auricchio relieved as counsel. Attorney Joseph LaTona appears for Zijad Saskin and indicates that he will appear for him but will need a week to confirm retention. Defendant consents to appearance as counsel. The government moves for pretrial detention for both defendants. Defendants seek release on conditions stated. The court orders release for both defendants on conditions, including execution of a waiver of extradition and posting of a $40,000 cash-secured bond. The court warns defendants that if they contest extradition they will be subject to additional penalties. Defendants confirm understanding. Defendants execute waivers and bond forms. Deposits pending. Defendants waive preliminary hearing. Rule 48(b) date discussed and set. STA time excluded for reasons stated by the government. APPEARANCES: AUSA David Rudroff; Defendant Saskin with Joseph LaTona; Defendant Marlor with Herbert Greenman; USPO Brain Mamizuka (Court Reporter FTR Gold) (EG) [1:22-mj-01101-JJM] | |
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IRREVOCABLE WAIVER OF EXTRADITION by Zijad Saskin (EG) [1:22-mj-01101-JJM]
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IRREVOCABLE WAIVER OF EXTRADITION by Kevin Marlor (EG) [1:22-mj-01101-JJM]
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Secured/Cash Bond Entered as to Zijad Saskin in amount of $40,000, Receipt # BUF076789. (EG) Receipt number added on 9/15/2022 (EG). [1:22-mj-01101-JJM]
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Secured/Cash Bond Entered as to Kevin Marlor in amount of $40,000, Receipt # PENDING. (EG) [1:22-mj-01101-JJM]
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| 10 | 10 TEXT ORDER as to Zijad Saskin, Kevin Marlor: As agreed to by the parties, pursuant to Fed. R. Crim. P. (Rule) 48(b), the Complaint will be automatically dismissed, without prejudice, on January 13, 2023 at 12:00 p.m. without the need for a further order. The Rule 48(b) deadline will not be extended for ongoing plea negotiations short of an actual plea agreement. Defendant may accelerate the Rule 48(b) dismissal deadline by filing a notice to that effect, in which case the dismissal will occur (without further order) at 12:00 p.m. on the 10th business day thereafter; provided, however, that in no event will the dismissal occur less than 30 or more than 120 days from today's date, unless extended by the court for reasons other than ongoing plea negotiations. Any defendant who is in custody on the Complaint and not subject to another detainer or warrant at that time of the dismissal shall immediately be released from custody, and the conditions of release (including bail) imposed as a result of the Complaint as to any defendant who is not in custody at that time shall immediately terminate. For the reasons stated by the government and agreed to by defendant, the ends of justice served by this continuance outweigh the best interest of the public and defendant in a speedy trial, and the time between today and January 13, 2023 is therefore excluded from the Speedy Trial Act calendar pursuant to 18 U.S.C. Sections 3161(h)(7)(A) and 3161(h)(7)(B)(iv). SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 9/14/2022. (EG) [1:22-mj-01101-JJM] | |
| Monday, September 19, 2022 | ||
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NOTICE OF ATTORNEY APPEARANCE: Joseph M. LaTona appearing for Zijad Saskin (LaTona, Joseph) [1:22-mj-01101-JJM]
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| Wednesday, September 21, 2022 | ||
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ORDER Setting Conditions of Release as to Zijad Saskin. Signed by Hon. Jeremiah J. McCarthy on 9/14/2022. (EG) [1:22-mj-01101-JJM]
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| 13 | 13
ORDER Setting Conditions of Release as Kevin Marlor. Signed by Hon. Jeremiah J. McCarthy on 9/14/2022. (EG) [1:22-mj-01101-JJM]
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| Friday, January 06, 2023 | ||
| 14 | 14
MOTION Motion for Determination of Conflict of Interest by USA as to Zijad Saskin, Kevin Marlor. (Rudroff, David) (Sealed attachment added on 1/6/2023: #1 Affidavit in Support) (EG). [1:22-mj-01101-JJM]
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| Sunday, January 08, 2023 | ||
| TEXT ORDER as to Zijad Saskin: A Status Conference on the government's motion for a determination of conflict14 is set for 1/18/2023 at 10:00 AM in Genesee Courtroom, 6th Floor West, 2 Niagara Square, Buffalo, NY before Hon. Jeremiah J. McCarthy. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 1/8/2023. (EG) [1:22-mj-01101-JJM] | ||
| 15 | 15 TEXT ORDER as to Zijad Saskin (1), Kevin Marlor (2): The government's unopposed Motions14 to Seal and for Extension of Time to Indict are granted. Pursuant to Fed. R. Crim. P. ("Rule") 48(b), the Complaint will be automatically dismissed, without prejudice, on February 14, 2023 at 12:00 p.m. without the need for a further order. The Rule 48(b) deadline will not be extended for ongoing plea negotiations short of an actual plea agreement. Any defendant who is in custody on the Complaint and not subject to another detainer or warrant at that time shall immediately be released from custody, and the conditions of release (including bail) imposed as a result of the Complaint as to any defendant who is not in custody at that time shall immediately terminate. For the reasons stated in the motion and agreed to by the parties, the ends of justice served by this continuance outweigh the best interest of the public and defendant in a speedy trial, and the time between today's date and February 14, 2023 is therefore excluded from the Speedy Trial Act calendar. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 1/8/2023. (EG) [1:22-mj-01101-JJM] | |
| Wednesday, January 18, 2023 | ||
| 16 | 16 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference as to Zijad Saskin held on 1/18/2023. Counsel for the parties appear. The court seals the proceeding. For the reasons discussed, the court appoints independent counsel for defendant. A further Status Conference set for 2/3/2023 at 4:00 PM in Genesee Courtroom, 6th Floor West, 2 Niagara Square, Buffalo, NY before Hon. Jeremiah J. McCarthy. APPEARANCES: AUSA David Rudroff; Joseph LaTona for defendant (Court Reporter FTR Gold) (EG) [1:22-mj-01101-JJM] | |
| Friday, February 03, 2023 | ||
| 17 | 17 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy:Status Conference as to Zijad Saskin held on 2/3/2023. Proceeding is SEALED. After sealed discussion held on the record, defendant confirms he is prepared to go forward with Mr. LaTona as counsel, waiving any potential conflict. Court extends 48(b) dismissal date on parties' request. STA time excluded on motion of government. Order to follow. APPEARANCES: AUSA D. Rudroff; defendant present with A. Latona; independent counsel A. Brautigam. (FTR Gold) (JD) [1:22-mj-01101-JJM] | |
| 18 | 18 TEXT ORDER as to Zijad Saskin, Kevin Marlor: The government's unopposed oral motion to adjourn the Fed. R. Crim. P. ("Rule") 48(b) dismissal date and exclude time under the Speedy Trial Act is granted. Pursuant to Rule 48(b), the Complaint will be automatically dismissed, without prejudice, on March 15, 2023 at 12:00 p.m. without the need for a further order. The Rule 48(b) deadline will not be extended for ongoing plea negotiations short of an actual plea agreement. Any defendant who is in custody on the Complaint and not subject to another detainer or warrant at that time shall immediately be released from custody, and the conditions of release (including bail) imposed as a result of the Complaint as to any defendant who is not in custody at that time shall immediately terminate. For the reasons stated in the motion and agreed to by the parties, the ends of justice served by this continuance outweigh the best interest of the public and defendant in a speedy trial, and the time between today's date and March 15, 2023 is therefore excluded from the Speedy Trial Act calendar. SO ORDERED. Signed by Hon. Jeremiah J. McCarthy on 2/3/2023. (JD) [1:22-mj-01101-JJM] | |
| Thursday, March 09, 2023 | ||
| 19 | 19
5
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INDICTMENT as to Zijad Saskin (1) count(s) 1-4, 5-6, Kevin Marlor (2) count(s) 1-4, 5-6. (JLV)
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| 20 | 20
Sealed Unredacted Document as to Zijad Saskin, Kevin Marlor filed pursuant to FRCrP 49.1. (JLV)
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| 21 | 21 TEXT ORDER OF REFERRAL Hon. Jeremiah J. McCarthy, United States Magistrate Judge, is hereby designated to act in this case as follows: All pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including all pre-trial matters that a Magistrate Judge may hear and determine pursuant to 28 U.S.C. Section 636(b)(1)(A), and those which a Magistrate Judge may hear and thereafter file a report and recommendation for disposition pursuant to Section 636(b)(1)(B). All procedural aspects of matters properly before the Magistrate Judge under this Order, including scheduling and the filing of briefs or other supporting material, shall be determined by the Magistrate Judge.All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. IT IS SO ORDERED. Signed by Hon. William M. Skretny on 3/9/2023. (JLV) | |