"No man is above the law and no man is below it: nor do we ask any man's permission when we ask him to obey it." T.R.
Representing the voice of little people.
(foto: Apartamente de pe 34 S Ashland Ave, Chicago)
Marele "afacerist" Adrian Tarau nu a tras tepe doar inRomaniaci si in America!
In martie 2010, autoritatile din Chicago au pus sechestru pe doua apartamente ale lui Adrian Tarau de la adresa 34 S Ashland Ave, Chicago deoarece pe numele lui era data o sentinta judecatoreasca in care acesta datora suma de 881,330 de dolari. Tot legat de aceste doua apartamente mai are doua sentinte de peste 3 mii de dolari fiecare.
(foto: Datoria lui Tarau)
(foto: Vila de pe S. Keneth Ave. Skokie)
Proprietatea de la adresa 7755 Keneth Ave Skokie, IL are un imprumut de peste 2 milioane de dolari la banca First Midwest Bank pe care i-a luat in 2006. In prezent proprietatea fiind in "forclosure" adica procedura de recuperare silita, de catre banca la care datoreaza cele peste 2 milioane de dolari.
(foto: Datoriile la banca)
Tot la aceasta proprietate Tarau a uitat sa isi plateasca usile si ferestrele cumparate de la compania DARPET Inc. din Arlington Heights, o suburbie a orasului Chicag. Aceasta a ramas pagubita de peste 5 mii de dolari. Compania i-a dat insa in judecata si a obtinut o sentinta prin care proprietatea nu poate fi vanduta/instrainata pana cand datoria de peste 5 mii va fi recuperata.(foto: Datorii neplatite furnizorilor)
O alta persoana care a ramas fara sa isi primeasca banii munciti la casa lui Tarau este Micles Sorin Paul, Tarau datorandu-i suma de 82,500 de dolari.
A foreclosure in Florida begins when a lender files court action and records a notice of a pending lawsuit (Lis Pendens) against the borrower. The lender notifies the borrower and any other affected parties in person or in some cases by mail or publication. If the borrower does not respond to the court action within a specified amount of time, the county clerk can find the borrower in default and the lender can ask the court to make a final ruling. If the court rules against the borrower, the ruling will include the total amount owed to the lender and the foreclosure sale date.
The lender is not required by state law to notify the borrower before initiating the foreclosure process, but individual mortgages or deeds of trust might call for this. The borrower can stop the foreclosure up until the date of the sale by paying the total amount owed to the lender.
Notice of Sale / Auction
The sale date is typically 20-35 days after the court ruling, but this may vary depending on the individual court. The clerk of court issues a notice of sale containing the location, date, and time of the sale. The notice is published once a week for two weeks, with the second notice appearing at least five days before the sale.
The clerk usually oversees the sale, which ordinarily occurs at the county courthouse at 11:00 a.m. on the sale date. The winning bidder must provide a 5-percent deposit and pay the remaining balance by the end of the day or a new sale is scheduled a minimum of 20 days later. After a successful sale, the clerk gives a certificate of sale to the winning bidder
Within 10 days of the sale, the clerk transfers ownership to the winning bidder if no one disputes the sale. In most instances, a borrower has no right of redemption after the certificate of sale is issued.
If you're at risk of having your home foreclosed on, you should read our section on foreclosure help. You might still be able to stop foreclosure.
A foreclosure in Illinois is judicial, meaning that it is administered through the courts. A judgment of foreclosure can be obtained in as little as 90 days assuming service on all defendants at the first issuance of summons and assuming no opposition from any defendant. Due to the 90-day reinstatement period from the date of service, a judgment cannot be entered prior to that time. Due to the statutory redemption periods, a sale may not occur for anywhere from one to three months after the judgment of foreclosure is entered. The court may also extend the redemption period in certain cases.
Pre-foreclosure Process Before a lender forecloses a borrower’s Note and Mortgage, a title search should be conducted. Any liens that appear senior to the lender’s lien should be addressed prior to foreclosure, or the purchaser at the sale will take the property subject to the senior lien. All junior lien holders must be named as defendants in the lender’s foreclosure suit to ensure title is free and clear of liens at the time of the foreclosure sale.
Court Process Upon a borrower’s default, a lender can file a Complaint to Foreclose Mortgage with the court. The Complaint is then served on the borrower and any other named defendants. If a defendant cannot be found, Illinois law allows for service by publication. Once service is obtained, a defendant has 30 days to file an Answer with the court. If the defendants fail to file an Answer, the court will enter an order of default if requested. If the borrower or other lien holder files an Answer contesting the foreclosure, parties can litigate the matter and possibly go to trial.
Once judgment is entered in favor of the lender, the borrower has a statutory 90-day redemption period before a sale can take place. The court can shorten this to a 30-day redemption period, if the property is abandoned. The court also has the authority to extend the redemption period.
Sheriff’s Sale The sale date must be after the expiration of the applicable redemption period. A Notice of Sheriff's Sale is published in a local newspaper in the county where the property is located once a week for three weeks. Not less than seven days after the final notice of sale is published, a Sheriff’s Sale is held. The lender provides the opening bid which is usually the full amount owed to the lender by the borrower. The person with the highest bid at the sale receives a Certificate of Purchase.
Following the sale, the Sheriff or selling officer must make a Report of Sale within 10 days. A Motion to Confirm Sale must then be filed and the sale confirmed by the court. Following confirmation, the Sheriff’s Deed is issued.
Faptul ca unii sunt asa zisi pastori sau propovaduitori ale celor sfinte, invatand si predicand pe oamenii din toata lumea cum sa traiasca piosi , smeriti, sa dea bani la biserica etc., asta nu ii impedica pe ei insasi sa fie total opusul a celor ce predica, ducand o viata de huzur si tragand tepe. Un astfel de individ este este Stefan TOHATAN alias Fanel, Stephan. Acesta este casatorit cu Lidia TOHATAN si este originar din Salsig, Maramures. Este pastor penticostal, predicator, dr. evanghelist, membru al bisericii penticostale romanesti Elim Chicago. Acesta este un pastor misionar nomad care circul mult prin America, Romania si alte comunitati romanesti din Europa. Acest "lup in balana de oaie", are diferite afaceri pe care le deruleaza prin SUA si Romania, tragand tepele la banci in America prin neplata imprumuturiloe luate pentru proprietati, cat si datoriile acumulate catre diferite firme si cartile de credit, care la fel nu le-a platit, asta in timp ce el si familia duce o viata pe picior mare conducand masini de lux, calatorind si propovaduind la altii sa duca o viata evlavioasa. Pe de alta parte este autorul moral al unor casatorii fictive pentru a-si aduce rudele in America. In plus a exportat containere de echipamente de constructii din America in Romania, cu o organizatie crestina misionara, sub pretextul de "ajutoare umanitare" evitand astfel plata taxelor vamale. Afacerile le desfasoara in zona Salsig si imprejurimi, derulate impreuna cu fratele sau Nicolae Tohatan si alte rude apropiate.
Imigrant, predicator, investitor, sau tepar?!
Stefan Tohatan a calatorit frecvent prin Europa in anii '90 si intr-un final a reusit sa emigreze in Canada. Visul lui era insa America asa ca a reusit printr-o viza de asa zis "investitor" sa obtina pe la inceputul anilor 2000 rezidenta Americana. Tohatan are o firma de constructii/remodelari numita American Prestige.In prezent detine 4 proprietati, care datorita neplatii la ele, acestea sunt in procedura de lichidare/reposedare de catre banci adica pe americaneste foreclosure.Valoarea lor se ridica la cateva milioane de dolari.(foto: Vila de la adresa 2101 S Mecham Rd, Palatine)
Prima proprietate este la adresa 4446 Estes Ave .Lincolnwod o suburbie nordica a orasului Chicago, o zona foarte scumpa locuita de oameni cu situatie financiara foarte buna. La aceasta adresa figureaza ca si inregistrata si compania American Prestige. Celelalte proprietati sunt dupa cum urmeaza la adresele: 6857 N. Knox Ave, Linconwood; 5306 S Indiana Ave, Chicago; 2101 S. Meacham Rd.,Palatine. Toate sunt in zona sau imprejurimile orasului Chicago.(foto: Vila de la adresa 4446 Estes Ave. Lincolnwod) (foto: Vila de pe strada Knox Ave)
In fotografiile atasatese pot vedea datoriile imprumutului pentru proprietatea de la adresa 4446 Estes Ave. din suburbia Lincolnwod, de peste 900 de mii de dolari. Apoi alta de peste 700 de mii la cealalta proprietate din Lincolnwood. O alta datorie de peste 80 de mii de dolari este o sentinta judecatoreasca definitiva pe numele lui data in toamna anului trecut.(foto: peste 81,000 de dolari neplatiti la Amcore Bank)
Lista datoriilor continua cu procesele care le are cu cartile de credit: la Chase Bank peste 15 mii de dolari, alta de peste 9 mii. (foto: 15,775 de dolari neplatiti la banca Chase)
Alte datorii neplatite si procese cu companii carora nu le-a paltit munca prestata: peste 5 mii de dolari la compania Crafty Beaver Home; peste 20 de mii la compania Imperial Realty.
(foto: 21,406 de dolari neplatiti )
In prezent Tohatan se afla mai mult plecat in "misiunii" de predicare prin Romania, in felul asta evita sa dea fata la proces cu autoritatile sau pagubitii. Daca judecatorul trimite o citatie pentru a se prezenta la o infatisare in oricare din cazuri, politia/seriful vine si i-o inmaneaza personal. Daca nu-l gaseste, procesul se tot amana, in acest fel tragand de timp.
Court foreclosures only occur if a lender desires a deficiency judgment. This process gives a borrower up to one year to redeem the property after the foreclosure sale. It is recommended that the borrower find a way to resolve it, or get some foreclosure assistance.
In almost all cases, foreclosures are handled out of court. The process begins when a lender files a notice of default with the county recorder identifying the default amount and the date the borrower must pay off the default. The notice is mailed to the borrower and other affected parties.
Up to five business days before the trustee sale, the borrower may pay off the default plus any applicable costs of foreclosure and stop foreclosure. Three months after the notice of default is filed, the lender can schedule a trustee’s sale of the property.
Notice Of Sale / Auction
At least 20 days before the trustee’s sale, the notice of sale must be posted on the property and in one local public location. The notice is also published once a week for three weeks in a local newspaper, starting at least 20 days before the sale date. The notice is mailed to the borrower at least 20 days before the sale and to anyone who requests the notice. The notice must contain the date, time, and location of the sale, the property address, and the trustee’s contact information. In addition, the notice of sale must be recorded with the county recorder at least 14 days before the sale.
The trustee’s sale is a public auction and the property is sold to the winning bidder. The trustee may require bidders to pay the full bid amount in cash or cashier’s check. Anyone may bid at the sale, including the lender and any junior lien holders. A trustee’s sale may be postponed by announcement at the sale. If a sale is postponed more than three times, a new notice of sale must be issued.
After the sale is complete, the trustee transfers ownership to the winning bidder. The borrower does not have the right to redeem the property after the sale.
MINUTE entry before the Honorable Joan H. Lefkow as to Dumitru Curescu, Lavinia Curescu, Mario Olivella: Status hearing held on 1/4/2010. Jury deliberations held and continued to 1/5/2010. Mailed notice (mad, ) (Entered: 01/05/2010)
MINUTE entry before the Honorable William J. Hibbler as to Dumitru Curescu: Jury deliberations held on 1/5/2010. Defendant's oral motion for mistrial is granted. Order mistrial declared as to defendant Dumitru Curescu because jury was unable to unanimously agree in order to reach a verdict. Jury discharged. Trial Ends-Jury. Status hearing is set for 1/20/2010 at 9:30 a.m. Oral motion of the Government to exclude time is granted without objection. In the interest of justice, the period beginning 1/5/2010 through 1/20/2010 is excluded pursuant to 18.3161(h)(7)(A)(B). Mailed notice (las, ) (Entered: 01/06/2010)
MINUTE entry before the Honorable William J. Hibbler as to Lavinia Curescu: Jury deliberations held on 1/5/2010. As to defendant Lavinia Curescu, jury returns a verdict as follows: Count One - not guilty; Count Two - not guilty, Count Three - not guilty, Count Four - not guilty, Count Five - not guilty. Judgment entered on the verdict. Enter Judgment of Acquittal. Defendant Lavinia Curescu is discharged. Jury discharged. Trial Ends - Jury. (Terminated defendant Lavinia Curescu). Mailed notice (las, ) (Entered: 01/06/2010)
MINUTE entry before the Honorable Joan H. Lefkow as to Mario Olivella: Jury deliberations held on 1/5/2010. As to defendant Mario Olivella, jury returns a verdict of guilty as to Counts Two and Seven of the indictment. Judgment of guilty entered on the verdict. Jury discharged. Trial Ends - Jury. Defendant's bond remains the same pending sentencing. Any post-trial motions to be filed by 2/16/2010; responses due by 3/16/2010; replies due by 3/30/2010. Ruling is set for 4/28/2010 at 9:30 a.m. Cause is referred to the Probation Department for preparation of the Pre-Sentence Investigation Report. Sentencing is set for 5/28/2010 at 10:00 a.m. For further details see order. Mailed notice (las, ) (Entered: 01/06/2010)
MINUTE entry before the Honorable Joan H. Lefkow as to Vasile Fofiu: Status hearing reset from 1/13/2010 to 1/20/2010 at 09:30 AM by agreement. In the interest of justice, the period beginning 1/11/2010 through 1/20/2010 is excluded pursuant to 18.3161(h)(7)(A)(B). Mailed and telephoned notice (mad, ) (Entered: 01/11/2010)
MINUTE entry before the Honorable Joan H. Lefkow as to Beny Garneata: Defendant's unopposed motion for extension of surrender date to 2/2/2010 245 is granted. Mailed notice (las, ) (Entered: 01/14/2010)
MINUTE entry before the Honorable Joan H. Lefkow as to Dumitru Curescu: Status hearing held and continued to 7/21/2010 at 9:30 a.m. for status on motions, possibility of change of plea, and to set final pretrial schedule. Pretrial motions may be filed 30 days after receipt of trial transcripts; responses 14 days thereafter; replies 7 days thereafter. Jury trial is set for 10/4/2010 at 9:30 a.m Oral motion of the Government to exclude time is granted without objection. In the interest of justice, the period beginning 1/20/2010 through 10/4/2010 is excluded pursuant to 18.3161(h)(7)(A)(B). Mailed notice (las, ) (Entered: 01/21/2010)
MINUTE entry before the Honorable Joan H. Lefkow as to Vasile Fofiu: Status hearing held and continued to7/21/2010 at 9:30 a.m. for status on motions, possibility of change of plea, and to set final pretrial schedule. Pretrial motions may be filed 30 days after receipt of trial transcripts; responses 14 days thereafter; replies 7 days thereafter. Jury trial is set for 10/4/2010 at 9:30 a.m Oral motion of the Government to exclude time is granted without objection. In the interest of justice, the period beginning 1/20/2010 through 10/4/2010 is excluded pursuant to 18.3161(h)(7)(A)(B). Mailed notice (las, ) (Entered: 01/21/2010)
NOTICE of Correction regarding exhibit 265 , MOTION by Mario Olivella for new trial 263 , exhibit 266 , notice 264 , MOTION by Mario Olivella for acquittal 262 as to Mario Olivella (las, ) (Entered: 02/18/2010)
MINUTE entry before the Honorable Joan H. Lefkow as to Beny Garneata (1), Dumitru Curescu (2), Lavinia Curescu (3), Teofil Scorte (4), William Wellhausen (5), Vasile Fofiu (6), Mario Olivella (7); The court rules as stated below on the following pre-trial motions: 119 granted; 121 granted; 122 granted in part, denied in part; 123 granted; 14 granted; and 125 denied. (For further details see minute order). Mailed notice (yap, ) (Entered: 02/12/2009)
MINUTE entry before the Honorable Joan H. Lefkow as to Beny Garneata, Dumitru Curescu, Lavinia Curescu, Teofil Scorte, William Wellhausen, Vasile Fofiu, Mario Olivella: Status hearing held on 2/11/2009 and continued to 3/11/2009 at 09:15 AM. Oral motion of the Government to exclude time is granted without objection. In the interest of justice, the period beginning 2/11/2009 through 3/11/2009 is excluded pursuant to 18.3161(h)(8)(A)(B). Mailed notice (mad, ) (Entered: 02/12/2009)
MINUTE entry before the Honorable Joan H. Lefkow as to Beny Garneata (1) et al; Motion of Beny Garneata to suppress 128 is denied. The memorandum opinion shall be placed under seal. The United States attorney is given until February 18, 2009 to move for redaction of any information in the opinion that he believes would jeopardize the confidentiality of the investigation. If no motion is filed, the order to seal this document only (the memorandum opinion) shall be lifted on February 19, 2009. Release of the documents to the defendant is stayed until February 19, 2009. Mailed notice (yap, ) (Entered: 02/26/2009)
UNOPPOSED MOTION by USA filed 2/18/09 to redact the court's order to remain under seal until further order of court as to Beny Garneata et al, (Restricted). (yap, ) (Entered: 02/26/2009)
MINUTE entry before the Honorable Joan H. Lefkow as to Beny Garneata: Government's unopposed motion filed on 2/18/09 to redact the court's order of 2/11/09 is granted. Defendant Beny Garneata's motion to suppress Title III interceptions 128 is denied. The order entered 2/11/09 denying defendant Beny Garneata's motion to suppress Title III interceptions shall remain under seal until further order of court. Government's unopposed motion filed on 2/18/09 to redact the court's order of 2/11/09 shall also remain under seal until further order of court. The statement has been redacted. (For further details see minute order). Mailed notice (yap, ) (Entered: 02/26/2009)
MINUTE entry before the Honorable Joan H. Lefkow as to :Motion to leave the jurisdiction 143 is granted as to Dumitru Curescu (2), Lavinia Curescu (3); Defendants' agreed joint motion to travel 143 is granted. Enter Agreed Order to travel. Lavinia Curescu and Dimitru Curescu allowed to travel to Cancun, Mexico for approximately 10 days, beginning on March 31, 2009 and returning by April 10, 2009. Mailed notice (yap, ) (Entered: 03/03/2009)
MINUTE entry before the Honorable Joan H. Lefkow as to Beny Garneata, Dumitru Curescu, Lavinia Curescu, Teofil Scorte, William Wellhausen, Vasile Fofiu, Mario Olivella: Status hearing held on 3/11/2009 and continued to 4/15/2009 at 09:30 AM. Oral motion of the Government to exclude time is granted without objection. In the interest of justice, the period beginning 3/11/2009 through 4/15/2009 is excluded pursuant to 18.3161(h)(8)(A)(B). Mailed notice (mad, ) (Entered: 03/11/2009)
04/15/2009
ORAL motion by Dumitru Curescu for CJA appointment for Leonard Goodman (las, ) (Entered: 04/20/2009)
04/15/2009
ORAL motion by USA to exclude time as to Beny Garneata, Dumitru Curescu, Lavinia Curescu, Teofil Scorte, William Wellhausen, Vasile Fofiu, Mario Olivella (las, ) (Entered: 04/20/2009)
MINUTE entry before the Honorable Joan H. Lefkow as to all defendants: Status hearing held and continued to 5/13/2009 at 9:15 a.m. Oral motion of defendant Curescu for CJA appointment of Leonard Goodman as his counsel is granted. Oral motion of the Government to exclude time is granted without objection. In the interest of justice, the period beginning 4/15/2009 through 5/13/2009 is excluded pursuant to 18.3161(h)(8)(A)(B). Mailed notice (las, ) (Entered: 04/20/2009)
MINUTE entry before the Honorable Joan H. Lefkow as to Beny Garneata: Change of Plea Hearing set for 5/14/2009 at 10:30 AM upon request of the parties. Status hearing of 5/13/2009 is stricken as to this defendant, Beny Garneata, only. Counsel must contact Judge Lefkow's Courtroom Deputy at least one day in advance of a change of plea hearing if the plea is not going forward. The ends of justice served by exclusion of time outweigh the best interest of the defendant in a speedy trial, namely: additional time for diligent plea negotiations is needed in order to facilitate defendant's advantages related to acceptance of responsibility. The period beginning 5/11/2009 through 5/14/2009 is excluded pursuant to 18.3161(h)(1)(I). Telephoned and mailed notice (mad, ) (Entered: 05/11/2009)
MINUTE entry before the Honorable Joan H. Lefkow as to Dumitru Curescu, Lavinia Curescu, Teofil Scorte, William Wellhausen, Vasile Fofiu, Mario Olivella: Status hearing held on 5/13/2009 and continued to 7/1/2009 at 09:15 AM. Jury Trial is set for 12/1/2009 at 10:00 a.m. Parties are each to submit to chambers by 11/2/2009 the following: proposed voir dire, proposed jury instructions, list of all witnesses to be called, a brief agreed statement summarizing the case to be read to the jury, and any motions to exclude. Any required disclosures (e.g., Giglio, Brady) not yet made must be made by 11/2/2009. Oral motion of Dumitru Curescu to be allowed to travel is granted - draft order to follow. Oral motion of the Government to exclude time is granted without objection. In the interest of justice, the period beginning 5/13/2009 through 12/1/2009 is excluded pursuant to 18.3161(h)(8)(A)(B). Mailed notice (mad, ) (Entered: 05/14/2009)
MINUTE entry before the Honorable Joan H. Lefkow as to Dumitru Curescu: Enter order for travel, defendant's oral motion for leave to travel having been granted in court on 5/13/09. Dumitru Curescu may travel to Canada from June 11, 2009 through June 20, 2009. Pretrial Services shall return his passport prior to June 11 and defendant shall surrender his passport back to Pretrial Services on or before June 23. Mailed notice (las, ) (Entered: 05/18/2009)
NOTICE of Motion by Susan M. Pavlow for presentment of motion to modify conditions of release 150 before Honorable Joan H. Lefkow on 5/20/2009 at 09:30 AM. (Pavlow, Susan) (Entered: 05/14/2009)
MINUTE entry before the Honorable Joan H. Lefkow as Beny Garneta: Change of plea hearing held, April Perry appearing for Government and Sean Berkowitz appearing for defendant Beny Garneata who was also present in court. Enter Plea Declaration. Defendant enters a voluntary plea of guilty to Counts Two and Five of the indictment in this case. Plea is accepted. Defendant is adjudged guilty of Counts Two and Five of the indictment. Cause is referred to the Probation Department for preparation of the Pre-Sentence Investigation Report. Sentencing is set for 8/13/09 at 10:30 a.m. Mailed notice (las, ) (Entered: 05/19/2009)
MINUTE entry before the Honorable Joan H. Lefkow as to Vasile Fofiu: Defendant's unopposed motion to modify the conditions of bond 150 is granted. Defendant Fofiu is allowed to travel outside of the Northern District of Illinois to Wisconsin and Michigan as described in the motion. Mailed notice (las, ) (Entered: 05/22/2009)
NOTICE of Motion by Deborah L. Steiner for presentment of motion for miscellaneous relief 157 before Honorable Martin C. Ashman on 6/2/2009 at 10:30 AM. (Steiner, Deborah) (Entered: 05/28/2009)
MINUTE entry before the Honorable Martin C. Ashman as to Beny Garneata: Defendant's unopposed motion for return of passport 157 is granted. Mailed notice (las, ) (Entered: 06/01/2009)
MINUTE entry before the Honorable Joan H. Lefkow as to Mario Olivella: Show Cause Hearing set for 6/10/2009 at 09:45 AM for defendant Mario Olivella to appear in court to show cause why his bond should not be modified or revoked for violation as outlined in the Pretrial Services Report of 6/1/2009. Mailed notice (mad, ) (Entered: 06/04/2009)
MINUTE entry before the Honorable Joan H. Lefkow as to Mario Olivella: In court hearing on defendant's pretrial violations held on 6/10/2009. Mailed notice (mad, ) (Entered: 06/10/2009)
MINUTE entry before the Honorable Joan H. Lefkow as to Dumitru Curescu, Lavinia Curescu, Teofil Scorte, William Wellhausen, Vasile Fofiu, Mario Olivella: Status hearing held on 7/1/2009 and continued to 11/4/2009 at 10:00 AM for final pretrial status hearing. Defendants are to be present in court on 11/4/2009. Oral motion of the Government to exclude time is granted without objection. In the interest of justice, the period beginning 7/1/2009 through 11/4/2009 is excluded pursuant to 18.3161(h)(8)(A)(B). Mailed notice (mad, ) (Entered: 07/02/2009)
MOTION by USA for protective order as to Beny Garneata Agreed Motion for Entry of a Protective Order Directing the Interlocutory Sale of Certain Real Property Subject to Forfeiture (Attachments: # 1 Text of Proposed Order)(Hotaling, Christopher) (Entered: 07/15/2009)
NOTICE of Motion by Christopher Paul Hotaling for presentment of motion for protective order, 163 before Honorable Joan H. Lefkow on 7/22/2009 at 09:30 AM. (Hotaling, Christopher) (Entered: 07/15/2009)
MINUTE entry before the Honorable Joan H. Lefkow as to Beny Garneata: Sentencing date of 8/13/2009 reset for 9/9/2009 at 02:00 PM by agreement. Mailed and telephoned notice (mad, ) (Entered: 07/15/2009)
MINUTE entry before the Honorable Joan H. Lefkow as to Beny Garneta: Government's agreed motion for entry of a protective order is granted 163 . Enter agreed protective order directing the interlocutory sale of certain real property subject to forfeiture. Mailed notice (las, ) (Entered: 07/24/2009)
AGREED PROTECTIVE Order Directing the Interlocutory Sale of Certain Real Property Subject to Forfeiture as to Beny Garneata Signed by the Honorable Joan H. Lefkow on 7/22/09. (las, ) (Entered: 07/24/2009)
SENTENCING MEMORANDUM as to Beny Garneata (Attachments: # 1 Index of Exhibits, Exhibit A, B,, # 2 Exhibit C, # 3 Exhibit D, E, F, G, H,)(Berkowitz, Sean) (Entered: 08/26/2009)
JUDGMENT (Sentencing Order) as to Beny Garneata (1), Count(s) 2, 5, The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of 24 months. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons before 2 p.m. on 1/19/2010. Upon release from imprisonment, the defendant shall be on supervised release for a term of 1 year. Criminal monetary penalties. Schedule of payments. Beny Garneata terminated. Signed by the Honorable Joan H. Lefkow on 10/14/09. Mailed notice (las, ) (Entered: 10/16/2009)
MINUTE entry before the Honorable Joan H. Lefkow as to Dimitru Curescu and Lavinia Curescu: Enter agreed order to travel. Dimitru Curescu and Lavinia Curescu are allowed to travel to Cancun, Mexico beginning on 10/28/09 and returning on 11/5/09. Mailed notice (las, ) (Entered: 10/20/2009)
MINUTE entry before the Honorable Joan H. Lefkow as to William Wellhausen: Change of Plea Hearing set for 11/3/2009 at 10:30 AM. Counsel must contact Judge Lefkow's Courtroom Deputy at least one day in advance of a change of plea hearing if the plea is not going forward. In addition, a draft copy of the proposed plea agreement should be delivered to the judge's chambers at least one day in advance of the date of the hearing. Telephoned and mailed notice (mad, ) (Entered: 10/30/2009)
MINUTE entry before the Honorable Joan H. Lefkow as to Teofil Scorte: Change of Plea Hearing set for 11/4/2009 at 10:30 AM. Counsel must contact Judge Lefkow's Courtroom Deputy at least one day in advance of a change of plea hearing if the plea is not going forward. In addition, a draft copy of the proposed plea agreement should be delivered to the judge's chambers at least one day in advance of the date of the hearing. Telephoned and mailed notice (mad, ) (Entered: 10/30/2009)
Statement of the Case by USA as to Dumitru Curescu, Lavinia Curescu, Vasile Fofiu, Mario Olivella Government's Proposed Statement of the Case (Hotaling, Christopher) (Entered: 11/02/2009)
Santiago Proffer by USA as to Dumitru Curescu, Lavinia Curescu, Vasile Fofiu, Mario Olivella Government's Santiago Proffer (Hotaling, Christopher) (Entered: 11/02/2009)
MOTION by USA in limine as to Dumitru Curescu, Lavinia Curescu, Vasile Fofiu, Mario Olivella Government's Consolidated Motions in Limine (Hotaling, Christopher) (Entered: 11/02/2009)
MOTION by USA in limine as to Dumitru Curescu, Lavinia Curescu, Vasile Fofiu, Mario Olivella Government's Notice of Intent to Offer Rule 404(b) Evidence and Intricately Related Evidence (Hotaling, Christopher) (Entered: 11/02/2009)
MOTION by USA in limine as to Dumitru Curescu, Lavinia Curescu, Vasile Fofiu, Mario Olivella Government's Motion in limine Regarding Handwritten List (Hotaling, Christopher) (Entered: 11/02/2009)
MOTION by USA in limine as to Dumitru Curescu, Lavinia Curescu, Vasile Fofiu, Mario Olivella Government's Motion in Limine re: Handwritten List (Amended) (Attachments: # 1 Exhibit A - Christmas List)(Hotaling, Christopher) (Entered: 11/03/2009)
11/03/2009
ORAL MOTION by USA to exclude time as to William Wellhausen (yap, ) (Entered: 11/04/2009)
MINUTE entry before the Honorable Joan H. Lefkow as to William Wellhausen (5); Change of plea hearing held, Christopher Hotaling appearing for Government and Keith Scherer appearingfor defendant William Wellhausen who was also present in court. Enter Plea Agreement. Defendant enters avoluntary plea of guilty to Count One of the indictment in this case. Acceptance of plea is deferred tosentencing. Cause is referred to the Probation Department for preparation of the Pre-Sentence InvestigationReport. Sentencing is set for 4/16/2010 at 10:00 a.m. Oral motion of the Government to exclude time isgranted. The period beginning 11/3/2009 through 4/16/2010 is excluded pursuant to 18.3161(h)(1)(G). (For further details see minute order). Mailed notice (yap, ) (Entered: 11/04/2009)
MINUTE entry before the Honorable Joan H. Lefkow as to Dumitru Curescu (2), Lavinia Curescu (3), Mario Olivella (7): Status hearing held and continued to 11/24/2009 at 11:00 a.m. Trial date of 12/14/2009 is reset to 1/11/2010 at 9:30 a.m. by agreement. Response to Government's pretrial submission due by 11/16/2009; reply due by 11/18/2009. Response to defendant Olivella's motion for bill of particulars 185 due by 11/10/2009; if no response filed, motion will be deemed resolved. Oral motion of the Government to exclude time is granted without objection. In the interest of justice, the period beginning 11/4/2009 through 11/24/2009 is excluded pursuant to 18.3161(h)(7)(A)(B). Mailed notice (las, ) (Entered: 11/10/2009)
11/04/2009
ORAL MOTION by USA to sever defendant as to Vasile Fofiu, ORAL MOTION by USA to exclude as to Vasile Fofiu (las, ) (Entered: 11/10/2009)
MINUTE entry before the Honorable Joan H. Lefkow as to Vasile Fofiu: Status hearing held and continued to 1/13/2010 at 9:30 a.m. Government's oral motion to sever defendant Vasile Fofiu from the other defendants regarding trial is granted without objection. Vasile Fofiu will be tried separately. Oral motion of the Government to exclude time is granted without objection. In the interest of justice, the period beginning 11/4/2009 through 1/13/2010 is excluded pursuant to 18.3161(h)(7)(A)(B). Mailed notice (las, ) (Entered: 11/10/2009)
MINUTE entry before the Honorable Joan H. Lefkow as to Teofil Scorte: Change of Plea Hearing reset for 11/13/2009 at 09:30 AM by agreement. Counsel must contact Judge Lefkow's Courtroom Deputy at least one day in advance of a change of plea hearing if the plea is not going forward. In addition, a draft copy of the proposed plea agreement should be delivered to the judge's chambers at least one day in advance of the date of the hearing. The period beginning 11/4/2009 through 11/13/2009 is excluded pursuant to 18.3161(h)(1)(G). Mailed and telephoned notice (mad, ) (Entered: 11/10/2009)
MINUTE entry before the Honorable Joan H. Lefkow as to Dumitru Curescu, Lavinia Curescu, Mario Olivella: The sentence of the minute order 192 entered on 11/4/2009 stating that "Trial date of 12/14/2009 is reset to 1/11/2010 at 9:30 a.m. by agreement" is vacated as having been entered in error. All other aspects of the minute order 192 remain in effect. Jury Trial remains set for 12/1/2009 at 10:00 AM as to defendants Dumitru Curescu, Lavinia Curescu, Mario Olivella. Mailed notice (mad, ) (Entered: 11/10/2009)
MINUTE entry before the Honorable Joan H. Lefkow as to Teofil Scorte: Change of plea hearing held, Christopher Hotaling appearing for Government and Scott D. Sherwin appearing for defendant Teofil Scorte who was also present in court. Enter Plea Agreement. Defendant enters a voluntary plea of guilty to Count One of the indictment in this case. Plea of is accepted. Cause is referred to the Probation Department for preparation of the Pre-Sentence Investigation Report. Sentencing is set for 4/16/2010 at 11:00 a.m. For further details see order. Mailed notice (las, ) (Entered: 11/16/2009)
NOTICE of Motion by Daniel Q Herbert for presentment of motion to sever defendant 196 before Honorable Joan H. Lefkow on 11/18/2009 at 09:30 AM. (Attachments: # 1 Motion for Severance)(Herbert, Daniel) (Entered: 11/13/2009)
RESPONSE by Mario Olivella regarding MOTION by USA in limine as to Dumitru Curescu, Lavinia Curescu, Vasile Fofiu, Mario Olivella 189 (Herbert, Daniel) (Entered: 11/16/2009)
RESPONSE by Mario Olivella to MOTION by USA in limine as to Dumitru Curescu, Lavinia Curescu, Vasile Fofiu, Mario Olivella 183 (Herbert, Daniel) (Entered: 11/16/2009)
RESPONSE by Dumitru Curescu, Lavinia Curescu to MOTION by USA in limine as to Dumitru Curescu, Lavinia Curescu, Vasile Fofiu, Mario Olivella Government's Consolidated Motions in Limine182 (Goodman, Leonard) (Entered: 11/16/2009)
RESPONSE by Dumitru Curescu to MOTION by USA in limine as to Dumitru Curescu, Lavinia Curescu, Vasile Fofiu, Mario Olivella Government's Notice of Intent to Offer Rule 404(b) Evidence and Intricately Related Evidence183 (Goodman, Leonard) (Entered: 11/16/2009)
NOTICE of Motion by Ellen R. Domph for presentment of motion to sever defendant 206 before Honorable Joan H. Lefkow on 11/18/2009 at 09:30 AM. (Domph, Ellen) (Entered: 11/16/2009)
OBJECTION by Lavinia Curescu to MOTION by USA in limine as to Dumitru Curescu, Lavinia Curescu, Vasile Fofiu, Mario Olivella 183OBJECTION TO GOVERNMENT MOTION TO ADMIT RULE 404(B)-OTHER CRIMES EVIDENCE (Domph, Ellen) (Entered: 11/16/2009)
RESPONSE by USA to MOTION by Mario Olivella to sever defendant 196GOVERNMENT'S RESPONSE TO DEFENDANT'S MOTION FOR SEVERANCE (Sorensen, Juliet) (Entered: 11/17/2009)
MOTION by USA in limine as to Dumitru Curescu, Lavinia Curescu, Mario Olivella GOVERNMENT'S MOTION IN LIMINE TO EXCLUDE PRIOR CONVICTIONS OVER TEN YEARS OLD (Sorensen, Juliet) (Entered: 11/17/2009)
REPLY by USA to response 203 GOVERNMENT'S REPLY TO DEFENDANT'S RESPONSE TO GOVERNMENT'S MOTION IN LIMINE REGARDING HANDWRITTEN LIST (Sorensen, Juliet) (Entered: 11/18/2009)
SUPPLEMENTAL exhibit to defendant's motion to sever by Mario Olivella 196 (Attachments: # 1 Supplement)(Herbert, Daniel) Modified on 11/19/2009 (las, ). (Entered: 11/18/2009)
MINUTE entry before the Honorable Joan H. Lefkow as to Dumitru Curescu, Lavinia Curescu, Mario Olivella: The time of the status hearing on 11/24/2009 is reset to 02:00 PM by agreement. Mailed and telephoned notice (mad, ) (Entered: 11/19/2009)
MINUTE entry before the Honorable Joan H. Lefkow as to Lavinia Curescu and Mario Olivella: Motion hearing held. Defendant Mario Olivella's motion for severance 196 and defendant Lavinia Curescu's motion to sever 206 taken under advisement. Mailed notice (las, ) (Entered: 11/19/2009)
MINUTE entry before the Honorable Joan H. Lefkow as to Dumitru Curescu, Lavinia Curescu, Mario Olivella: Status hearing held on 11/24/2009. The time of Jury Trial on 12/1/2009 is reset to 09:30 AM. Mailed notice (mad, ) (Entered: 11/24/2009)
MINUTE entry before the Honorable Joan H. Lefkow as to Mario Olivella: Enter Opinion and Order. For the reasons stated in the Opinion and Order, motion of defendant Mario Olivella to sever 196 is denied. Mailed notice (las, ) (Entered: 11/25/2009)
MINUTE entry before the Honorable Joan H. Lefkow as to Dumitru Curescu (2), Lavinia Curescu (3), Mario Olivella (7): The defendants' objections to the government's Santiago proffer 181 are overruled. The government's consolidated motions in limine 182 are granted in part and denied in part to the extent stated in the text of the court's rulings. Mario Olivella's motion for a bill of particulars 185 are denied. The government's motion in limine regarding handwritten list 189 is granted with the redactions submitted by the government. The government's motion in limine to exclude prior convictions as to Hal Hutchinson 212 , and its oral motion to exclude such convictions as to William Wellhausen, are granted. For further details see separate order. Mailed notice (las, ) (Entered: 12/01/2009)
RULING on Pretrial Submissions and Motions as to Dumitru Curescu, Lavinia Curescu, Mario Olivella Signed by the Honorable Joan H. Lefkow on 11/25/09. (las, ) (Entered: 12/01/2009)
MINUTE entry before the Honorable Joan H. Lefkow as to Vasile Fofiu: Trial date of 12/1/2009 as to defendant Vasile Fofiu is vacated. Case has been set for status on 1/13/2010 at 9:30 a.m. Mailed notice (mad, ) (Entered: 11/30/2009)
MINUTE entry before the Honorable Joan H. Lefkow as to Dumitru Curescu, Lavinia Curescu, Mario Olivella: Jury Trial is reset from 12/1/2009 to 12/2/2009 at 10:00 AM. Mailed and telephoned notice (mad, ) (Entered: 11/30/2009)
MOTION by USA for reconsideration as to Lavinia Curescu Motion to Reconsider 404(B) Evidence against Lavinia Curescu (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Sorensen, Juliet) (Entered: 12/01/2009)
OBJECTION by Lavinia Curescu to MOTION by USA for reconsideration as to Lavinia Curescu Motion to Reconsider 404(B) Evidence against Lavinia CurescuMOTION by USA for reconsideration as to Lavinia Curescu Motion to Reconsider 404(B) Evidence against Lavinia Curescu225 (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Domph, Ellen) (Entered: 12/01/2009)
MINUTE entry before the Honorable Joan H. Lefkow as to Lavinia Curescu: Defendant Lavinia Curescu's motion to sever 206 is denied. For further details see order. Mailed notice (las, ) (Entered: 12/02/2009)
MINUTE entry before the Honorable Joan H. Lefkow as to defendants Curescu, Curescu, Olivella: Jury trial begins. Government's motion to reconsider 225 denied for the reasons and as stated on the record. Voir dire held and continued to 12/3/2009. Jury trial continued to 12/3/2009 at 10:00 a.m. Mailed notice (las, ) (Entered: 12/03/2009)
MINUTE entry before the Honorable Joan H. Lefkow as to Dumitru Curescu, Lavinia Curescu, Mario Olivella: Jury trial held on 12/3/2009 and continued to 12/7/2009 at 09:30 AM. Mailed notice (mad, ) (Entered: 12/04/2009)
MINUTE entry before the Honorable Joan H. Lefkow as to Dumitru Curescu, Lavinia Curescu, Mario Olivella: Jury trial held on 12/7/2009 and continued to 12/8/2009 at 10:15 AM. Mailed notice (mad, ) (Entered: 12/08/2009)
MINUTE entry before the Honorable Joan H. Lefkow as to Dumitru Curescu, Lavinia Curescu, Mario Olivella, Jury trial held on 12/8/2009 and continued to 12/9/2009 at 09:45 AM. Mailed notice (mad, ) (Entered: 12/09/2009)
MINUTE entry before the Honorable Joan H. Lefkow as to Dumitru Curescu, Lavinia Curescu, Mario Olivella: Jury trial held on 12/9/2009 and continued to 12/10/2009 at 09:15 AM. Mailed notice (mad, ) (Entered: 12/09/2009)
MINUTE entry before the Honorable Joan H. Lefkow as to Dumitru Curescu (2), Lavinia Curescu(3), Mario Olivella(7): Jury trial held and continued to 12/3/09 at 9:15 a.m. Mailed notice (yap, ) (Entered: 12/14/2009)
MINUTE entry before the Honorable Joan H. Lefkow: Minute order 233 is vacated as being entered in error and this minute order is substituted in its place. Jury trial held and continued to 12/14/2009 at 9:15 a.m. Mailed notice (emd, ) (Entered: 12/16/2009)
MINUTE entry before the Honorable Joan H. Lefkow as to Dumitru Curescu, Lavinia Curescu, Mario Olivella: Jury trial held on 12/14/2009 and continued to 12/15/2009 at 09:15 AM. Mailed notice (mad, ) (Entered: 12/17/2009)
MINUTE entry before the Honorable Joan H. Lefkow as to Dumitru Curescu, Lavinia Curescu, Mario Olivella: Jury trial held on 12/15/2009 and continued to 12/15/2009 at 09:45 AM. Mailed notice (mad, ) (Entered: 12/17/2009)
MINUTE entry before the Honorable Joan H. Lefkow as to Dumitru Curescu, Lavinia Curescu, Mario Olivella: Jury trial held on 12/16/2009 and continued to 12/17/2009 at 09:15 AM. Mailed notice (mad, ) (Entered: 12/17/2009)
MINUTE entry before the Honorable Joan H. Lefkow as to Dumitru Curescu, Lavinia Curescu, Mario Olivella: Jury trial held on 12/17/2009 and continued to 12/18/2009 at 09:15 AM. Mailed notice (mad, ) (Entered: 12/18/2009)
MINUTE entry before the Honorable Joan H. Lefkow as to Curescu, Curescu, Olivella: Jury trial held on 12/21/2009. Jury deliberations to begin on 12/21/09. Mailed notice (las, ) Modified on 1/13/2010 (las, ). (Entered: 12/23/2009)
MINUTE entry before the Honorable Joan H. Lefkow as to Dumitru Curescu, Lavinia Curescu, Mario Olivella: Jury deliberations held and continued to 12/22/09. Mailed notice (las, ) (Entered: 12/23/2009)
MINUTE entry before the Honorable Joan H. Lefkow as to Dumitru Curescu, Lavinia Curescu, Mario Olivella : Jury deliberations held and continued to 12/29/09. Mailed notice (las, ) (Entered: 12/23/2009)
NOTICE of Motion by Sean M. Berkowitz for presentment of motion for extension of time 245 before Honorable Joan H. Lefkow on 1/13/2010 at 09:30 AM. (Berkowitz, Sean) (Entered: 12/28/2009)
MINUTE entry before the Honorable Joan H. Lefkow as to defendants Curescu, Curescu, Olivella:Status hearing held on 12/29/2009. Jury deliberations continued to 12/30/09. Mailed notice (las, ) (Entered: 12/31/2009)
MINUTE entry before the Honorable Joan H. Lefkow as to defendants Curescu, Curescu, Olivella:Status hearing held on 12/30/2009. Jury deliberations continued to 1/4/2010. Mailed notice (las, ) (Entered: 12/31/2009)