Docket — United States v. Martinez, 1:22-cr-00251 (S.D.N.Y.)

Summary

CourtListener docket listing for United States v. Martinez, 1:22-cr-00251, in the District Court, S.D. New York, before Lewis Jeffrey Liman. The first entry is a complaint as to Rafael Martinez dated Feb 28, 2022, signed by Magistrate Judge Katharine H. Parker. The listing shows an indictment as to Martinez on count(s) 1, 2, 3, 4, 5 filed May 2, 2022, and an arraignment on May 12, 2022 at which a plea of Not Guilty was entered. The last entry shown, dated Mar 5, 2026, is a memo endorsement modifying the conditions of Martinez's bail to permit travel domestically and internationally at Probation's discretion, with advance notification.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

United States v. Martinez

(1:22-cr-00251)

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District Court, S.D. New York

June 13, 2026, 7:08 a.m.

Lewis Jeffrey Liman

United States v. Martinez, 1:22-cr-00251, (S.D.N.Y.)

May 2, 2022

Aug. 2, 2023

March 5, 2026

Items on this page are sourced from PACER and RECAP and may not be up to date. Learn more about our coverage.

Feb 28, 2022

COMPLAINT as to Rafael Martinez (1). In Violation of 18 U.S.C. 1343; 1344, 1001; 1014, 1028A; 15 U.S.C. 645 (a) (Signed by Magistrate Judge Katharine H. Parker) (dif) [1:22-mj-01988-UA] (Entered: 03/01/2022)

Feb 28, 2022

Arrest of Rafael Martinez. (dif) [1:22-mj-01988-UA]

Mar 1, 2022

CONSENT TO PROCEED BY VIDEO OR TELE CONFERENCE as to Rafael Martinez.. (Signed by Magistrate Judge Katharine H. Parker on 3/1/2022)(dif) [1:22-mj-01988-UA] (Entered: 03/01/2022)

Mar 1, 2022

NOTICE OF ATTORNEY APPEARANCE: Retained Attorney Joseph A. Hayden, Jr appearing for Rafael Martinez. (dif) [1:22-mj-01988-UA] (Entered: 03/01/2022)

Mar 1, 2022

Attorney update in case as to Rafael Martinez. Attorney Joseph A. Hayden, Jr for Rafael Martinez added.. (dif) [1:22-mj-01988-UA]

Mar 1, 2022

Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Initial Appearance as to Rafael Martinez held on 3/1/2022., Deft Appears with Retained Attorney Joseph Hayden and David Cinotti and AUSA Sagar Ravi for the government. AGREED CONDITIONS OF RELEASE: $10,000,000 PRB; 3 FRP'S; Secured by 4 Properties--See Below; Travel Limited to SDNY/EDNY & District of New Jersey; Surrender Travel Documents (& No New Applications); Pretrial Supervision As Directed by PTS; Deft to Continue or Seek Employment; Deft Not to Possess Firearm/Destructive Device/Other Weapon; Deft to Be Released on Own Signature; Remaining Conditions to Be Met by 3/8/2022; Properties to Secure the 10 Million Bond-- 300 Hopper Ct, Franklin Lakes, NJ, 21 Shinnecock Trail, Franklin Lakes, NJ; 100 West 57th Street, Apts, 9M and 21C, NY, NY; All Firearms To Be Surrendered to Local Authorities As Directed by PTS by 3/8/2022; ( Preliminary Hearing 3/31/2022 (dif) [1:22-mj-01988-UA] (Entered: 03/01/2022)

Mar 2, 2022

Appearance Bond Entered as to Rafael Martinez: $10,000 Personal recognizance bond; To be cosigned by three financially responsible persons; Secured by four properties; Additional conditions..... (jbo) [1:22-mj-01988-UA] (Entered: 03/21/2022)

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Mar 3, 2022

NOTICE OF ATTORNEY APPEARANCE: Elkan Abramowitz appearing for Rafael Martinez. Appearance Type: Retained. (Abramowitz, Elkan) [1:22-mj-01988-UA] (Entered: 03/03/2022)

Mar 3, 2022

NOTICE OF ATTORNEY APPEARANCE: Telemachus Philip Kasulis appearing for Rafael Martinez. Appearance Type: Retained. (Kasulis, Telemachus) [1:22-mj-01988-UA] (Entered: 03/03/2022)

Mar 3, 2022

NOTICE OF ATTORNEY APPEARANCE: Michael Steven Schachter appearing for Rafael Martinez. Appearance Type: Retained. (Schachter, Michael) [1:22-mj-01988-UA] (Entered: 03/03/2022)

Mar 3, 2022

NOTICE OF ATTORNEY APPEARANCE: Randall Wade Jackson appearing for Rafael Martinez. Appearance Type: Retained. (Jackson, Randall) [1:22-mj-01988-UA] (Entered: 03/03/2022)

Mar 8, 2022

LETTER MOTION addressed to Magistrate Judge Katharine H. Parker from Telemachus P. Kasulis dated March 8, 2022 re: Extension of Time . Document filed by Rafael Martinez. (Kasulis, Telemachus) [1:22-mj-01988-UA] (Entered: 03/08/2022)

Mar 8, 2022

ENDORSED LETTER as to Rafael Martinez addressed to Magistrate Judge Katharine H. Parker from Telemachus Kasulis, Esq dated 3/8/2022 re: USA v Rafael Martinez, 22 Mag 1988. We represent Rafael Martinez in the above-captioned case and seek a one-week extension of the date by which Mr. Martinez must satisfy his outstanding bail conditions. Accordingly, we request an extension of one week to satisfy the conditions of release. Application Granted, SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 3/8/2022)(dif) [1:22-mj-01988-UA] (Entered: 03/08/2022)

Mar 15, 2022

LETTER MOTION addressed to Magistrate Judge Katharine H. Parker from Telemachus P. Kasulis dated March 15, 2022 re: Extension of Time . Document filed by Rafael Martinez. (Kasulis, Telemachus) [1:22-mj-01988-UA] (Entered: 03/15/2022)

Mar 15, 2022

ENDORSED LETTER as to Rafael Martinez addressed to Magistrate Judge Katharine H. Parker from Telemachus Kasulis, Esq dated 3/15/2022 re: USA v Rafael Martinez, 22 Mag 1988. Ms. Kasulis respectfully request an additional one-week extension of the date for which Mr. Martinez must satisfy his outstanding bail conditions. Application Granted, SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 3/15/2022)(dif) [1:22-mj-01988-UA] (Entered: 03/16/2022)

Mar 31, 2022

ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Rafael Martinez. Time excluded from 3/31/22 until 5/2/22. Affirmation of Micah Fergenson attached. (Signed by Magistrate Judge Sarah L Cave on 3/31/22)(vb) [1:22-mj-01988-UA] (Entered: 03/31/2022)

Apr 27, 2022

LETTER MOTION addressed to Magistrate Judge Katharine H. Parker from Telemachus P. Kasulis dated April 27, 2022 re: Permission to Travel . Document filed by Rafael Martinez. (Kasulis, Telemachus) [1:22-mj-01988-UA] (Entered: 04/27/2022)

Apr 27, 2022

MEMO ENDORSED granting 16 LETTER MOTION Permission to Travel as to Rafael Martinez (1)... ENDORSEMENT: APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 4/27/22) (jbo) [1:22-mj-01988-UA] (Entered: 04/27/2022)

May 2, 2022

INDICTMENT FILED as to Rafael Martinez (1) count(s) 1, 2, 3, 4, 5. (jm) (Entered: 05/02/2022)

Indictment

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May 2, 2022

Case Designated ECF as to Rafael Martinez. (jm)

May 5, 2022

NOTICE OF HEARING as to Rafael Martinez. An Arraignment and Initial Conference is scheduled for May 12, 2022 at 11:00 AM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman. (mf)

May 5, 2022

Notice of Hearing

May 12, 2022

Minute Entry for proceedings held before Judge Lewis J. Liman: Arraignment as to Rafael Martinez (1) Count 1,2,3,4,5 held on 5/12/2022. Plea entered by Rafael Martinez Not Guilty. Defendant, Rafael Martinez (on bail) present with retained attorneys, Randall Jackson, Elkan Abramowitz, Tim Kasulis, and Michael Schachter. AUSA Micah Fergenson present. Court reporter present. The Court reminded the Government of its Brady obligations under Federal Rule of Criminal Procedure 5(f). Defendant, Rafael Martinez, arraigned on counts 1, 2, 3, 4, and 5 of indictment, waives public reading, and pleads Not Guilty to all counts of the indictment. The Government to produce all discovery within a month of today's hearing. Status Conference set for August 11, 2022 at 3:00PM in Courtroom 15C before Judge Lewis J. Liman. The Court, with consent of all parties, excludes time from May 12, 2022 until August 11, 2022 pursuant to the Speedy Trial Act, 18 U.S.C. 3161(h)(7)(A), upon a finding that the interest of justice outweighs the interest of the public and the defendant in a speedy trial, in that the time between now and August 11 will allow for the Government to produce discovery, defense counsel and defendant to review discovery, and defendant to consider potential pretrial motions. (jbo)

May 16, 2022

~Util - Plea Entered AND Arraignment

May 20, 2022

RULE 5(F) ORDER as to Rafael Martinez. SO ORDERED. (Signed by Judge Lewis J. Liman on 5/20/2022)(bw) (Entered: 05/20/2022)

May 24, 2022

LETTER MOTION addressed to Judge Lewis J. Liman from Telemachus P. Kasulis dated May 24, 2022 re: Modification of Bail Conditions . Document filed by Rafael Martinez. (Kasulis, Telemachus) (Entered: 05/24/2022)

Letter Motion

May 25, 2022

MEMO ENDORSEMENT 20 LETTER MOTION addressed to Judge Lewis J. Liman from Telemachus P. Kasulis dated May 24, 2022 re: Modification of Bail Conditions...ENDORSEMENT...REQUEST GRANTED. The Court approves modification to Mr. Martinez's bail conditions to permit travel to the District of Massachusetts (Signed by Judge Lewis J. Liman on 5/25/22) (jw) (Entered: 05/25/2022)

Order on Letter Motion

Jun 8, 2022

LETTER MOTION addressed to Judge Lewis J. Liman from Micah F. Fergenson dated June 8, 2022 re: Protective Order . Document filed by USA as to Rafael Martinez. (Attachments: # 1 Text of Proposed Order Protective Order)(Fergenson, Micah) (Entered: 06/08/2022)

Letter Motion

Text of Proposed Order Protective Order

Jun 9, 2022

PROTECTIVE ORDER as to Rafael Martinez...regarding procedures to be followed that shall govern the handling of confidential material. SO ORDERED: (Signed by Judge Lewis J. Liman on 6/9/2022)(bw) (Entered: 06/09/2022)

Protective Order

Jun 17, 2022

TRANSCRIPT of Proceedings as to Rafael Martinez re: Arraignment held on 5/12/2022 before Judge Lewis J. Liman. Court Reporter/Transcriber: Rose Prater, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/8/2022. Redacted Transcript Deadline set for 7/18/2022. Release of Transcript Restriction set for 9/15/2022. (McGuirk, Kelly) (Entered: 06/17/2022)

Transcript

Jul 12, 2022

LETTER MOTION addressed to Judge Lewis J. Liman from Telemachus P. Kasulis dated July 12, 2022 re: Permission to Travel . Document filed by Rafael Martinez. (Kasulis, Telemachus) (Entered: 07/12/2022)

Letter Motion

Jul 13, 2022

MEMO ENDORSEMENT granting 25 LETTER MOTION filed by Rafael Martinez addressed to Judge Lewis J. Liman from Attorney Telemachus P. Kasulis dated July 12, 2022 re: Permission to Travel. ENDORSEMENT: REQUEST GRANTED. The Court approves the modification to Mr. Martinez's bail conditions to permit him to travel as proposed. SO ORDERED. (Signed by Judge Lewis J. Liman on 7/13/2022) (bw) (Entered: 07/13/2022)

Order on Letter Motion

Aug 11, 2022

Minute Entry for proceedings held before Judge Lewis J. Liman: Status Conference as to Rafael Martinez held on 8/11/2022. Defendant, Rafael Martinez (on bail) present with retained attorneys, Tim Kasulis, Randall Jackson, and Elkan Abramowitz. AUSA Olga Zverovich present. Court reporter present. Defendant's motions due December 2, 2022. Government opposition due December 23, 2022. Defendant's reply due January 6, 2023. Motion Hearing set for January 19, 2023 at 11:00AM in Courtroom 15C before Judge Lewis J. Liman. Expert Disclosure deadline set for March 1, 2023. Requests to charge, proposed voir dire and in limine motions due by April 7, 2023. Objections to request to charge and responses to motions in limine due by April 14, 2023. Replies to motions in limine due by April 18, 2023. Daubert Motions deadline set for April 7, 2023. A Final Pretrial Conference is set for April 25, 2023 at 2:00PM in Courtroom 15C before Judge Lewis J. Liman. Jury Trial is set for May 1, 2023 at 9:00AM in Courtroom 15C before Judge Lewis J. Liman. The Court, with consent of all parties, excludes time from August 11, 2022 until May 1, 2023 pursuant to the Speedy Trial Act, 18 U.S.C. 3161(h)(7)(A), upon a finding that the interest of justice outweighs the interest of the public and the defendant in a speedy trial, in that the time between now and May 1 can be used by the defendant to consult with his counsel, defendant to prepare and file pretrial motions, parties to obtain experts, parties to prepare for trial, and parties to discuss a potential pretrial disposition. (jbo)

Aug 16, 2022

Status Conference

Sep 16, 2022

TRANSCRIPT of Proceedings as to Rafael Martinez re: Conference held on 8/11/22 before Judge Lewis J. Liman. Court Reporter/Transcriber: George Malinowski, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/7/2022. Redacted Transcript Deadline set for 10/17/2022. Release of Transcript Restriction set for 12/15/2022. (Moya, Goretti) (Entered: 09/16/2022)

Transcript

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Sep 16, 2022

NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Rafael Martinez. Notice is hereby given that an official transcript of a Conference proceeding held on 8/11/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 09/16/2022)

Notice of Filing Transcript

Sep 28, 2022

LETTER MOTION addressed to Judge Lewis J. Liman from Telemachus P. Kasulis dated September 28, 2022 re: Permission to Travel . Document filed by Rafael Martinez. (Kasulis, Telemachus) (Entered: 09/28/2022)

Letter Motion

Sep 29, 2022

MEMO ENDORSEMENT granting 29 LETTER MOTION filed by Rafael Martinez addressed to Judge Lewis J. Liman from Attorney Telemachus P. Kasulis dated September 28, 2022 re: Permission to Travel. ENDORSEMENT: REQUEST GRANTED. Permission granted for the travel in September and October 2022. The Court will consider future travel when and if there are future applications for a temporary modification of the defendant's bail conditions. SO ORDERED. (Signed by Judge Lewis J. Liman on 9/29/2022) (bw) (Entered: 09/29/2022)

Order on Letter Motion

Dec 2, 2022

NOTICE OF ATTORNEY APPEARANCE: Russell Jason Feldman appearing for Rafael Martinez. Appearance Type: Retained. (Feldman, Russell) (Entered: 12/02/2022)

Notice of Attorney Appearance - Defendant

Dec 2, 2022

MOTION to Dismiss Count One of the Indictment. Document filed by Rafael Martinez. (Kasulis, Telemachus) (Entered: 12/02/2022)

Dismiss

Dec 2, 2022

MEMORANDUM in Support by Rafael Martinez re 32 MOTION to Dismiss Count One of the Indictment.. (Kasulis, Telemachus) (Entered: 12/02/2022)

Memorandum in Support of Motion

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Dec 2, 2022

LETTER MOTION addressed to Judge Lewis J. Liman from Michael S. Schachter dated December 2, 2022 re: Adjournment of Trial Pending the Outcome of the U.S. Supreme Court's Decision in Dubin v. USA . Document filed by Rafael Martinez. (Schachter, Michael) (Entered: 12/02/2022)

Letter Motion

Dec 7, 2022

MEMO ENDORSEMENT as to Rafael Martinez on re: 34 LETTER MOTION filed by Rafael Martinez addressed to Judge Lewis J. Liman from Attorney Michael S. Schachter dated December 2, 2022 re: Adjournment of Trial Pending the Outcome of the U.S. Supreme Court's Decision in Dubin v. USA. ENDORSEMENT: The Government is directed to respond to the request for an adjournment of trial to July by the end of day today, December 7, 2022. SO ORDERED. ( Responses due by 12/7/2022 )(Signed by Judge Lewis J. Liman on 12/7/2022)(bw) (Entered: 12/07/2022)

~Util - Set/Reset Deadlines/Hearings AND Memo Endorsement

Dec 7, 2022

LETTER by USA as to Rafael Martinez addressed to Judge Lewis J. Liman from USA dated December 7, 2022 re: Trial Adjournment Document filed by USA. (Fergenson, Micah) (Entered: 12/07/2022)

Letter

Dec 8, 2022

MEMO ENDORSEMENT as to Rafael Martinez on 36 LETTER by USA as to Rafael Martinez addressed to Judge Lewis J. Liman from USA dated December 7, 2022 re: Trial Adjournment. ENDORSEMENT: REQUEST GRANTED. Extension granted to December 12, 2022. SO ORDERED. (Signed by Judge Lewis J. Liman on 12/8/2022) (lnl) (Entered: 12/08/2022)

Memo Endorsement

Dec 12, 2022

LETTER by USA as to Rafael Martinez addressed to Judge Lewis J. Liman from USA dated December 12, 2022 re: Grounds for Opposition to the Defendant's Request for a Trial Adjournment Document filed by USA. (Fergenson, Micah) (Entered: 12/12/2022)

Letter

Dec 13, 2022

MEMO ENDORSEMENT as to Rafael Martinez (1) denying 34 LETTER MOTION addressed to Judge Lewis J. Liman from Michael S. Schachter dated December 2, 2022 re: Adjournment of Trial Pending the Outcome of the U.S. Supreme Court's Decision in Dubin v. USA. ENDORSEMENT: REQUEST DENIED. The motion to adjourn the trial is denied. (Signed by Judge Lewis J. Liman on 12/13/2022) (ap) (Entered: 12/13/2022)

Order on Letter Motion

Dec 22, 2022

NOTICE OF ATTORNEY APPEARANCE Katherine Cannella Reilly appearing for USA. (Reilly, Katherine) (Entered: 12/22/2022)

Notice of Attorney Appearance - USA

Dec 23, 2022

MEMORANDUM in Opposition by USA as to Rafael Martinez re 32 MOTION to Dismiss Count One of the Indictment.. (Fergenson, Micah) (Entered: 12/23/2022)

Memorandum in Opposition to Motion

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Dec 27, 2022

CONSENT LETTER MOTION addressed to Judge Lewis J. Liman from USA dated December 27, 2022 re: Adjournment of Motions Hearing . Document filed by USA as to Rafael Martinez. (Fergenson, Micah) (Entered: 12/27/2022)

Letter Motion

Dec 30, 2022

MEMO ENDORSEMENT 42 CONSENT LETTER MOTION addressed to Judge Lewis J. Liman from USA dated December 27, 2022 re: Adjournment of Motions Hearing...ENDORSEMENT...REQUEST GRANTED IN PART. The Motion Hearing previously set for January 19, 2023 is rescheduled to January 17, 2023 at 10:00AM in Courtroom 15C at the 500 Pearl (Signed by Judge Lewis J. Liman on 12/30/2022) (jw) (Entered: 12/30/2022)

Order on Letter Motion

Dec 30, 2022

Set/Reset Deadlines; Motion Hearing set for 1/17/2023 at 10:00 AM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman (jw)

Jan 4, 2023

LETTER MOTION addressed to Judge Lewis J. Liman from AUSA Katherine Reilly dated January 4, 2023 re: Requested Curcio Hearing . Document filed by USA as to Rafael Martinez. (Reilly, Katherine) (Entered: 01/04/2023)

Letter Motion

Jan 4, 2023

MEMO ENDORSEMENT as to Rafael Martinez (1) granting 44 LETTER MOTION addressed to Judge Lewis J. Liman from AUSA Katherine Reilly dated January 4, 2023 re: Requested Curcio Hearing. ENDORSEMENT: The Court is prepared to conduct a Curcio hearing at the conference scheduled for January 17, 2023. SO ORDERED. (Signed by Judge Lewis J. Liman on 1/4/2023) (lnl) (Entered: 01/04/2023)

Order on Letter Motion

Jan 6, 2023

REPLY MEMORANDUM OF LAW in Support as to Rafael Martinez re: 32 MOTION to Dismiss Count One of the Indictment. . (Kasulis, Telemachus) (Entered: 01/06/2023)

Reply Memorandum of Law in Support of Motion

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Jan 13, 2023

LETTER MOTION addressed to Judge Lewis J. Liman from AUSA Katherine Reilly dated January 13, 2023 re: Adjournment of Oral Argument . Document filed by USA as to Rafael Martinez. (Reilly, Katherine) (Entered: 01/13/2023)

Letter Motion

Jan 13, 2023

LETTER by Rafael Martinez addressed to Judge Lewis J. Liman from Telemachus P. Kasulis dated January 13, 2023 re: #47 Letter Motion addressed to Judge Lewis J. Liman from AUSA Katherine Reilly dated January 13, 2023 re: Adjournment of Oral Argument. (Kasulis, Telemachus) (Entered: 01/13/2023)

Letter

Jan 14, 2023

MEMO ENDORSEMENT as to Rafael Martinez (1) granting 47 LETTER MOTION addressed to Judge Lewis J. Liman from AUSA Katherine Reilly dated January 13, 2023 re: Adjournment of Oral Argument. ENDORSEMENT: REQUEST GRANTED. The Oral Argument on the motion to dismiss previously set for January 17, 2023 is rescheduled to February 17, 2023 at 10:00AM in Courtroom 15C at the 500 Pearl Street Courthouse. However, the Curcio Hearing will proceed as scheduled on Tuesday, January 17, 2023 at 10:00AM in Courtroom 15C. (Signed by Judge Lewis J. Liman on 1/14/2023) (ap) (Entered: 01/17/2023)

Order on Letter Motion

Jan 14, 2023

Set/Reset Hearings as to Rafael Martinez: Curcio Hearing set for 1/17/2023 at 10:00 AM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman. Oral Argument set for 2/17/2023 at 10:00 AM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman. (ap)

Jan 14, 2023

Terminate Deadlines and Hearings as to Rafael Martinez. (ap)

Jan 17, 2023

Minute Entry for proceedings held before Judge Lewis J. Liman: Curcio Hearing as to Rafael Martinez held on 1/17/2023. Defendant, Rafael Martinez (on bail) present with retained attorneys, Tim (Telemachus) Kasulis, Michael Schachter, and Randall Jackson. AUSA Katherine Reilly present. Court reporter present. Defendant was questioned by the Court regarding the potential conflict of interest with Willkie Farr & Gallagher LLP, and more specifically associate Steven Ballew. Defendant, Rafael Martinez, knowingly and willingly waives any claims with regards to the potential conflict of interest and willingly agrees to proceed with Willkie Farr & Gallagher LLP as counsel. The Court is satisfied with the Defendant's understanding and waiver regarding the potential conflict of interest. The Government to file a superseding indictment by January 27, 2023. Defendant's supplemental briefs regarding superseding indictment is due by February 3, 2023. Government's response briefs due by February 10, 2023. Defendant's reply briefs due by February 14, 2023 at 5:00PM. Arraignment on superseding indictment set for February 17, 2023 at 10:00AM in Courtroom 15C before Judge Lewis J. Liman. (bw)

Jan 17, 2023

ORAL ORDER as to Rafael Martinez. Brief due by 2/3/2023. Responses to Brief due by 2/10/2023. Reply to Response to Brief due by 2/14/2023 (at 5:00 PM). Arraignment set for 2/17/2023 at 10:00 AM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman. (bw)

Jan 19, 2023

(S1) SUPERSEDING INDICTMENT FILED as to Rafael Martinez (1) count(s) 1s, 2s, 3s, 4s, 5s. (jbo) (Entered: 01/20/2023)

Indictment

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Jan 20, 2023

Curcio Hearing

Jan 20, 2023

~Util - Set/Reset Deadlines/Hearings AND Oral Order

Feb 3, 2023

LETTER by Rafael Martinez addressed to Judge Lewis J. Liman from Telemachus P. Kasulis dated February 3, 2023 re: Letter in Support of Defendant's Motion to Dismiss Count One of the Indictment (Dkt. 32) (Kasulis, Telemachus) (Entered: 02/03/2023)

Letter

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Feb 10, 2023

LETTER by USA as to Rafael Martinez addressed to Judge Lewis J. Liman from AUSA Katherine Reilly dated February 10, 2023 re: Further Opposition to the Defendant's Motion to Dismiss Count One Document filed by USA. (Reilly, Katherine) (Entered: 02/10/2023)

Letter

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Feb 14, 2023

LETTER by Rafael Martinez addressed to Judge Lewis J. Liman from Telemachus P. Kasulis dated February 14, 2023 re: Letter in Further Support of Defendant's Motion to Dismiss Count One of the Indictment (Dkt. 32) (Kasulis, Telemachus) (Entered: 02/14/2023)

Letter

Feb 15, 2023

TRANSCRIPT of Proceedings as to Rafael Martinez re: Conference held on 1/17/23 before Judge Lewis J. Liman. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/8/2023. Redacted Transcript Deadline set for 3/20/2023. Release of Transcript Restriction set for 5/16/2023. (Moya, Goretti) (Entered: 02/15/2023)

Transcript

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Feb 15, 2023

NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Rafael Martinez. Notice is hereby given that an official transcript of a Conference proceeding held on 1/17/23 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 02/15/2023)

Notice of Filing Transcript

Feb 17, 2023

MEMORANDUM & ORDER as to Rafael Martinez: The motion to dismiss Count One of the Superseding Indictment is DENIED. The Clerk of Court is respectfully directed to close Dkt. No. 32. SO ORDERED. (Signed by Judge Lewis J. Liman on 2/17/2023) (lnl) (Entered: 02/17/2023)

~Util - Terminate Motions AND Order

Feb 17, 2023

Minute Entry for proceedings held before Judge Lewis J. Liman: Arraignment as to Rafael Martinez (1) Count 1s,2s,3s,4s,5s held on 2/17/2023. Oral Argument as to Rafael Martinez held on 2/17/2023. Defendant, Rafael Martinez (on bail) present with retained attorneys, Tim Kasulis, Randall Jackson, and Elkan Abramowitz. AUSAs Micah Fergenson and Katherine Reilly present. Court reporter present. Defendant, Rafael Martinez, arraigned on counts 1, 2, 3, 4, and 5 of the (S1) Superseding Indictment, waives public reading, and pleads Not Guilty to all counts of the (S1) Superseding Indictment. The Court heard oral argument from both parties in regard to defendant's motion to dismiss Count One of the Superseding Indictment. Defendant's motion regarding bill of particulars as discussed at the hearing is due by February 24, 2023. Government's response due by March 3, 2023. Defendant's reply due by March 7, 2023. (bw)

Feb 17, 2023

Minute Entry for proceedings held before Judge Lewis J. Liman: Plea entered by Rafael Martinez (1) Count 1s,2s,3s,4s,5s -- Not Guilty. (bw)

Feb 17, 2023

ORAL ORDER as to Rafael Martinez. Motion ( re Bill of Particulars ) due by 2/24/2023. Responses due by 3/3/2023. Replies due by 3/7/2023. (bw)

Feb 22, 2023

Oral Argument AND Arraignment

Feb 22, 2023

~Util - Plea Entered

Feb 22, 2023

~Util - Set/Reset Deadlines/Hearings AND Oral Order

Feb 24, 2023

LETTER MOTION addressed to Judge Lewis J. Liman from Telemachus P. Kasulis dated February 24, 2023 re: Requesting a Bill of Particulars . Document filed by Rafael Martinez. (Kasulis, Telemachus) (Entered: 02/24/2023)

Letter Motion

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Feb 27, 2023

NOTICE OF ATTORNEY APPEARANCE Steven John Kochevar appearing for USA. (Kochevar, Steven) (Entered: 02/27/2023)

Notice of Attorney Appearance - USA

59

Mar 1, 2023

TRANSCRIPT of Proceedings as to Rafael Martinez re: Conference held on 2/17/23 before Judge Lewis J. Liman. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/22/2023. Redacted Transcript Deadline set for 4/3/2023. Release of Transcript Restriction set for 5/30/2023. (Moya, Goretti) (Entered: 03/01/2023)

Transcript

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Mar 1, 2023

NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Rafael Martinez. Notice is hereby given that an official transcript of a Conference proceeding held on 2/17/23 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 03/01/2023)

Notice of Filing Transcript

Mar 3, 2023

LETTER by USA as to Rafael Martinez addressed to Judge Lewis J. Liman from AUSA Steven J. Kochevar dated March 3, 3023 re: Opposition to Defendant's Request for a Bill of Particulars Document filed by USA. (Kochevar, Steven) (Entered: 03/03/2023)

Letter

62

Mar 7, 2023

LETTER by Rafael Martinez addressed to Judge Lewis J. Liman from Telemachus P. Kasulis dated March 7, 2023 re: Reply in Further Support of Defendant's Letter Motion Requesting a Bill of Particulars (DKT. 57) (Kasulis, Telemachus) (Entered: 03/07/2023)

Letter

63

Mar 8, 2023

MEMORANDUM & ORDER as to Rafael Martinez: The motion for an order directing the Government to file a bill of particulars is DENIED. The Clerk of Court is respectfully directed to close Dkt. No. 57. SO ORDERED. (Signed by Judge Lewis J. Liman on 3/8/2023) (lnl) (Entered: 03/08/2023)

~Util - Terminate Motions AND Order

Mar 22, 2023

NOTICE OF HEARING as to Rafael Martinez: A Change of Plea Hearing is scheduled for March 23, 2023 at 11:30 AM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman. (mf)

Mar 22, 2023

Notice of Hearing

64

Mar 23, 2023

(S2) SUPERSEDING INFORMATION (Felony) filed as to Rafael Martinez (1) count(s) 1ss. (jm) (Entered: 03/24/2023)

Information - Felony

65

Mar 23, 2023

WAIVER OF INDICTMENT by Rafael Martinez. (jm) (Entered: 03/24/2023)

Waiver of Indictment

Mar 23, 2023

Minute Entry for proceedings held before Judge Lewis J. Liman: Change of Plea as to Rafael Martinez (1) Count 1ss held on 3/23/2023. Defendant, Rafael Martinez (on bail) present with retained attorneys, Michael Schachter and Randall Jackson. AUSAs Katherine Reilly, Micah Fergenson, and Steven Kochevar present. Court reporter present. Court Exhibit #1 - Waiver of Indictment. Court Exhibit #2 - Plea Agreement. Defendant sworn, waives indictment, arraigned on Count 1 of (S2) Superseding Information, and waives public reading. Defendant withdraws previous plea of Not Guilty and enters a plea of Guilty to Count 1 of the (S2) Superseding Information. Order of forfeiture to be signed and entered by the Court. Defendant's bail continued, conditions of release to remain as previously set. PSI ordered, interview must be held with defense counsel present. Sentencing set for July 11, 2023 at 12:00PM in Courtroom 15C at the 500 Pearl Street Courthouse before Judge Lewis J. Liman. (bw)

Mar 23, 2023

Minute Entry for proceedings held before Judge Lewis J. Liman: Plea entered by Rafael Martinez (1) Guilty as to Count 1ss. (bw)

Mar 23, 2023

Order of Referral to Probation for Presentence Investigation and Report as to Rafael Martinez. (By Judge Lewis J. Liman on 3/23/2023) (bw)

Mar 23, 2023

ORAL ORDER as to Rafael Martinez. Sentencing set for 7/11/2023 at 12:00 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman.(bw)

Mar 23, 2023

Terminate Deadlines and Hearings as to Rafael Martinez: Final Pretrial Conference. (mf)

66

Mar 24, 2023

CONSENT PRELIMINARY ORDER OF FORFEITURE AS TO SPECIFIC PROPERTY/MONEY JUDGMENT as to Rafael Martinez. (Signed by Judge Lewis J. Liman on 3/24/2023) (ap) (Entered: 03/27/2023)

~Util - Terminate Motions AND Order

Mar 24, 2023

Order of Referral to Probation for Presentence Investigation and Report

Mar 24, 2023

~Util - Set/Reset Hearings AND Oral Order

Mar 24, 2023

~Util - Plea Entered

Mar 24, 2023

Arraignment

67

Apr 21, 2023

TRANSCRIPT of Proceedings as to Rafael Martinez re: Plea held on 3/23/23 before Judge Lewis J. Liman. Court Reporter/Transcriber: Sharonda Jones, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/12/2023. Redacted Transcript Deadline set for 5/22/2023. Release of Transcript Restriction set for 7/20/2023. (Moya, Goretti) (Entered: 04/21/2023)

Transcript

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68

Apr 21, 2023

NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Rafael Martinez. Notice is hereby given that an official transcript of a Plea proceeding held on 3/23/23 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 04/21/2023)

Notice of Filing Transcript

69

May 5, 2023

LETTER MOTION addressed to Judge Lewis J. Liman from Telemachus P. Kasulis dated May 5, 2023 re: Requesting Permission for Rafael Martinez to Travel to Florida . Document filed by Rafael Martinez. (Kasulis, Telemachus) (Entered: 05/05/2023)

Letter Motion

70

May 5, 2023

MEMO ENDORSEMENT granting 69 LETTER MOTION filed by Rafael Martinez (1), addressed to Judge Lewis J. Liman from Attorney Telemachus P. Kasulis dated May 5, 2023 re: Requesting Permission for Rafael Martinez to Travel to Florida.... We represent Rafael Martinez in the above-captioned case and seek permission for Mr. Martinez to travel to Ft. Lauderdale, Florida on Saturday, May 6. and return on Tuesday, May 9. ENDORSEMENT: REQUEST GRANTED. The Court approves for the defendant to travel to Ft. Lauderdale, Florida as proposed. SO ORDERED. (Signed by Judge Lewis J. Liman on 5/5/2023) (bw) (Entered: 05/05/2023)

Order on Letter Motion

72

Jun 8, 2023

CONSENT LETTER MOTION addressed to Judge Lewis J. Liman from AUSA Katherine Reilly dated June 8, 2023 re: Entrance of Proposed Consent Preliminary Order of Forfeiture as to Substitute Assets . Document filed by USA as to Rafael Martinez. (Attachments: # 1 Text of Proposed Order Consent Preliminary Order of Forfeiture as to Substitute Assets)(Reilly, Katherine) (Entered: 06/08/2023)

Letter Motion

Text of Proposed Order Consent Preliminary Order of Forfeiture as to Substitute

73

Jun 9, 2023

CONSENT PRELIMINARY ORDER OF FORFEITURE AS TO SUBSTITUTE ASSETS as to (S2 22-Cr-251) Rafael Martinez. WHEREAS, on or about March 23, 2023, RAFAEL MARTINEZ (the "Defendant") was charged in a one-count superseding Information, S2 22 Cr. 251 (LJL) (the "Information"), with conspiracy to commit wire fraud, in violation of Title 18, United States Code, Section 371 ("Count One"); WHEREAS, on or about March 23, 2023, the Defendant pled guilty to Count One of the Information, pursuant to a plea agreement with the Government, wherein the Defendant admitted the forfeiture allegations with respect to Count One of the Information and agreed to forfeit to the United States, a sum of money equal to $43,630,703.73 in United States currency, and all right, title, and interest of the Defendant in certain property (the "Specific Property"); WHEREAS, on or about March 24, 2023, the Court entered a Preliminary Order of Forfeiture (the "Order of Forfeiture"), imposing a money judgment against the Defendant in the amount of $43,630,703.73 (the "Money Judgment"), representing the amount of proceeds traceable to the offense charged in Count One of the Information that the Defendant personally obtained and forfeiting all right, title, and interest of the Defendant in the Specific Property; WHEREAS, to date, the entire Money Judgment entered against the Defendant remains unpaid; WHEREAS, as a result of acts and omissions of the Defendant, the United States has not been able to locate, obtain or collect assets traceable to the proceeds of the Defendant's offense, despite the exercise of due diligence in investigating the assets of the Defendant; WHEREAS, the Government has identified the following specific assets in which the Defendant has an ownership interest: a) Any and all funds on deposit in Citibank Account No.: 9346614051 held in the name of MBE Capital Partners LLC; (the "Substitute Asset"); and WHEREAS, the Defendant consents to the forfeiture of all of his right, title and interest in the Substitute Asset. IT IS HEREBY STIPULATED AND AGREED, by and between the United States of America, by its attorney Damian Williams, United States Attorney, Assistant United States Attorneys, Katherine Reilly, Micah F. Fergenson, and Steven J. Kochevar, of counsel, and the Defendant, and his counsel, Randall Jackson, Telemachus Kasulis, and Michael Schacter, Esq. that: 1. All of the Defendant's right, title and interest in the Substitute Asset is hereby forfeited to the United States of America, for disposition in accordance with the law, subject to the provisions of Title 21, United States Code, Section 853(n). 2. Upon entry of this Consent Preliminary Order of Forfeiture of Substitute Assets, the United States Treasury (or its designee) is hereby authorized to take possession of the Substitute Asset and to keep it in its secure, custody and control. 3. Upon entry of a Final Order of Forfeiture, the Substitute Asset shall be applied towards the satisfaction of the Money Judgment entered against the Defendant....[*** See this Consent Preliminary Order of Forfeiture As To Substitute Assets ***]... 8. The Court shall retain jurisdiction to enforce this Consent Preliminary Order of Forfeiture as to Substitute Assets, and to amend it as necessary, pursuant to Federal Rule of Criminal Procedure 32.2(e). SO ORDERED: (Signed by Judge Lewis J. Liman on 6/9/2023)(bw) (Entered: 06/09/2023)

75

Jun 27, 2023

SENTENCING SUBMISSION by Rafael Martinez. (Attachments: # 1 Exhibit A (Part 1 of 2), # 2 Exhibit A (Part 2 of 2), # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T, # 22 Exhibit U, # 23 Exhibit V, # 24 Exhibit W, # 25 Exhibit X, # 26 Exhibit Y, # 27 Exhibit Z, # 28 Exhibit AA, # 29 Exhibit BB, # 30 Exhibit CC, # 31 Exhibit DD, # 32 Exhibit EE, # 33 Exhibit FF, # 34 Exhibit GG, # 35 Exhibit HH, # 36 Exhibit II, # 37 Exhibit JJ, # 38 Exhibit KK)(Schachter, Michael) (Entered: 06/27/2023)

Sentencing Submission

Exhibit A (Part 1 of 2)

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Exhibit A (Part 2 of 2)

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Exhibit B

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Exhibit C

Exhibit D

Attach­ment 6

Exhibit E

Attach­ment 7

Exhibit F

Attach­ment 8

Exhibit G

Attach­ment 9

Exhibit H

Attach­ment 10

Exhibit I

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Attach­ment 11

Exhibit J

Attach­ment 12

Exhibit K

Attach­ment 13

Exhibit L

Attach­ment 14

Exhibit M

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Attach­ment 15

Exhibit N

Attach­ment 16

Exhibit O

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Attach­ment 17

Exhibit P

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Attach­ment 18

Exhibit Q

Attach­ment 19

Exhibit R

Attach­ment 20

Exhibit S

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Attach­ment 21

Exhibit T

Attach­ment 22

Exhibit U

Attach­ment 23

Exhibit V

Attach­ment 24

Exhibit W

Attach­ment 25

Exhibit X

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Attach­ment 26

Exhibit Y

Attach­ment 27

Exhibit Z

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Attach­ment 28

Exhibit AA

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Attach­ment 29

Exhibit BB

Attach­ment 30

Exhibit CC

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Attach­ment 31

Exhibit DD

Attach­ment 32

Exhibit EE

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Attach­ment 33

Exhibit FF

Attach­ment 34

Exhibit GG

Attach­ment 35

Exhibit HH

Attach­ment 36

Exhibit II

Attach­ment 37

Exhibit JJ

Attach­ment 38

Exhibit KK

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76

Jul 3, 2023

LETTER by Rafael Martinez addressed to Judge Lewis J. Liman from Michael S. Schachter dated July 3, 2023 re: Supplemental Sentencing Submission (Attachments: # 1 Exhibit A)(Schachter, Michael) (Entered: 07/03/2023)

Letter

Exhibit A

Jul 5, 2023

Notice of Hearing

Jul 5, 2023

NOTICE OF HEARING (RESCHEDULED DATE) as to Rafael Martinez: The Sentencing hearing previously set for July 11, 2023 is RESCHEDULED to July 17, 2023 at 2:30 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman. (mf)

77

Jul 5, 2023

SENTENCING SUBMISSION by USA as to Rafael Martinez. (Attachments: # 1 Exhibit 1 (PPPLF FAQ), # 2 Exhibit 2 (PPPLF Letter Agreement), # 3 Exhibit 3 (Mar. 14, 2019 Email & Attachment), # 4 Exhibit 4 (Mar. 14, 2019 Forwarded Email), # 5 Exhibit 5 (April 15, 2019 Email & Attachment), # 6 Exhibit 6 (Oct. 8, 2019 Email & Attachment), # 7 Exhibit 7 (Feb. 8, 2021 Email & Attachment), # 8 Exhibit 8 (Forms 940 Comparison), # 9 Exhibit 9 (Feb. 8, 2021 Email))(Fergenson, Micah) (Entered: 07/05/2023)

Sentencing Submission

Exhibit 1 (PPPLF FAQ)

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Exhibit 2 (PPPLF Letter Agreement)

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Exhibit 3 (Mar. 14, 2019 Email & Attachment)

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Exhibit 4 (Mar. 14, 2019 Forwarded Email)

Exhibit 5 (April 15, 2019 Email & Attachment)

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Attach­ment 6

Exhibit 6 (Oct. 8, 2019 Email & Attachment)

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Attach­ment 7

Exhibit 7 (Feb. 8, 2021 Email & Attachment)

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Attach­ment 8

Exhibit 8 (Forms 940 Comparison)

Attach­ment 9

Exhibit 9 (Feb. 8, 2021 Email)

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78

Jul 6, 2023

JOINT LETTER MOTION addressed to Judge Lewis J. Liman from USA dated July 6, 2023 re: Adjournment of Sentencing . Document filed by USA as to Rafael Martinez. (Fergenson, Micah) (Entered: 07/06/2023)

Letter Motion

79

Jul 6, 2023

MOTION for Russell J. Feldman to Withdraw as Attorney . Document filed by Rafael Martinez. (Attachments: # 1 Exhibit A - Proposed Order)(Feldman, Russell) (Entered: 07/06/2023)

Withdraw as Attorney

Exhibit A - Proposed Order

80

Jul 7, 2023

MEMO ENDORSEMENT 78 JOINT LETTER MOTION addressed to Judge Lewis J. Liman from USA dated July 6, 2023 re: Adjournment of Sentencing as to Rafael Martinez...ENDORSEMENT...REQUEST GRANTED. The Sentencing hearing previously set for July 17, 2023 is rescheduled to July 27, 2023 at 2:00PM in Courtroom 15C at the 500 Pearl Street Courthouse (Signed by Judge Lewis J. Liman on 7/7/2023) (jw) (Entered: 07/07/2023)

Order on Letter Motion

Jul 7, 2023

Set/Reset Deadlines/Hearings as to Rafael Martinez: Sentencing set for 7/27/2023 at 02:00 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman (jw)

81

Jul 10, 2023

LETTER by Rafael Martinez addressed to Judge Lewis J. Liman from Michael S. Schachter dated July 10, 2023 re: Supplemental Sentencing Submission (Attachments: # 1 Exhibit A)(Schachter, Michael) (Entered: 07/10/2023)

Letter

Exhibit A

Jul 27, 2023

Minute Entry for proceedings held before Judge Lewis J. Liman: Sentencing held on 7/27/2023 for Rafael Martinez (1) Count 1ss. Defendant, Rafael Martinez (on bail) present with retained attorneys Randall Jackson, Elkan Abramowitz, Tim Kasulis, and Michael Schachter. AUSAs Micah Fergenson, Katherine Reilly, and Steven Kochevar present. Court reporter present. Defendant's bail to continue as previously set until surrender date. The Court notified defendant of right to appeal. See Judgment. (bw)

Jul 27, 2023

DISMISSAL OF COUNTS on Government Motion as to Rafael Martinez (1) Count 1,1s,2,2s,3,3s,4,4s,5,5s. (bw)

Aug 1, 2023

Sentencing

82

Aug 2, 2023

JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 7/27/2023. Defendant Rafael Martinez (1) pleaded guilty to Count(s) 1ss, of the (S2) Superseding Information. Count(s) all remaining open counts are dismissed on the motion of the United States. IMPRISONMENT: Fifty-four (54) months imprisonment. - The court makes the following recommendations to the Bureau of Prisons: That the defendant be housed at the Lewisburg, Pennsylvania Federal Prison Camp. - The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: before 2 p.m. on 1/13/2024. SUPERVISED RELEASE: Three (3) years Supervised Release. Standard Conditions of Supervision (See page 4 of Judgment). Special Conditions of Supervision (See page 5 of Judgment). ASSESSMENT: $100.00, due immediately. RESTITUTION: $71,711,893.07. - Special instructions regarding the payment of criminal monetary penalties: See Order of Restitution to be filed on ECF. - The defendant shall forfeit the defendants interest in the following property to the United States: See Order of Forfeiture filed on ECF. (Signed by Judge Lewis J. Liman on 7/27/2023)(bw) (Entered: 08/02/2023)

Judgment

83

Aug 3, 2023

LETTER MOTION addressed to Judge Lewis J. Liman from USA dated August 3, 2023 re: Consent Order of Restitution . Document filed by USA as to Rafael Martinez. (Attachments: # 1 Proposed Order of Restitution)(Fergenson, Micah) (Entered: 08/03/2023)

Letter Motion

Proposed Order of Restitution

84

Aug 3, 2023

CONSENT ORDER OF RESTITUTION as to (S2 22-Cr-251) Rafael Martinez. Upon the application of the United States of America, by its attorney, Damian Williams, United States Attorney for the Southern District of New York, Micah F. Fergenson, Assistant United States Attorney, of counsel; the presentence investigation report; the defendant's conviction on Count One of the Information; and all other proceedings in this case, it is hereby ORDERED that 1. Amount of Restitution. RAFAEL MARTINEZ, the defendant, shall pay restitution in the total amount of $71,711,893.07, pursuant to 18 U.S.C. §§ 3663, 3663A, and 3664 to the victims of the offense charged in Count One. The names, addresses, and specific amounts owed to each victim are set forth in the Schedule of Victims, attached hereto as Schedule A. Upon advice by the United States Attorney's Office of a change of address of a victim, the Clerk of Court is authorized to send payments to the new address without further order of this Court....[*** See this Consent Order of Restitution ***]... 6.Sealing. Consistent with 18 U.S.C. §§3771(a)(8) & 3664(d)(4) and Federal Rule of Criminal Procedure 49.1, to protect the privacy interests of victim(s), the Schedule of Victims, attached hereto as Schedule A, shall be filed under seal, except that copies may be retained and used by or disclosed to the listed victims, the Government, the investigating agency, the Clerk's Office, and the Probation Office, as needed to effect and enforce this Order, without further order of this Court. SO ORDERED: (Signed by Judge Lewis J. Liman on 8/3/2023)(bw) (Entered: 08/03/2023)

85

Aug 29, 2023

TRANSCRIPT of Proceedings as to Rafael Martinez re: Sentence held on 7/27/2023 before Judge Lewis J. Liman. Court Reporter/Transcriber: Raquel Robles, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/19/2023. Redacted Transcript Deadline set for 9/29/2023. Release of Transcript Restriction set for 11/27/2023. (McGuirk, Kelly) (Entered: 08/29/2023)

Transcript

86

Aug 29, 2023

NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Rafael Martinez. Notice is hereby given that an official transcript of a Sentence proceeding held on 7/27/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 08/29/2023)

Notice of Filing Transcript

87

Sep 23, 2023

LETTER MOTION addressed to Judge Lewis J. Liman from AUSA Katherine Reilly dated September 23, 2023 re: Entrance of Proposed Stipulation and Order Regarding Disposition of Substitute Assets . Document filed by USA as to Rafael Martinez. (Attachments: # 1 Proposed Order Proposed Stipulation and Order)(Reilly, Katherine) (Entered: 09/23/2023)

Letter Motion

Proposed Order Proposed Stipulation and Order

88

Sep 25, 2023

STIPULATION AND ORDER as to (S2 22-Cr-251) Rafael Martinez. WHEREAS, on or about June 9, 2023, the Court entered a Consent Preliminary Order of Forfeiture as to Substitute Assets (the "Order of Forfeiture"), forfeiting all of Defendant Rafael Martinez's right, title and interest in any and all funds on deposit in Citibank Account No.: 9346614051, held in the name of MBE Capital Partners LLC (the "Subject Account"), as a substitute asset; WHEREAS, on or about August 24, 2023, the Government seized $4,027,156.37 on deposit in the Subject Account (the "Seized Funds"); WHEREAS, the Federal Reserve Bank of San Francisco (the "FRB-SF") has advised the Government of its ownership interest in $2,197,050.48 of the Seized Funds (the "FRB-SF Funds"); WHEREAS, the FRB-SF has provided the Government with documentation concerning its claim to the FRB-SF Funds; and WHEREAS, the Government and the FRB-SF have agreed to resolve their respective interest in the FRB-SF Funds without further litigation; IT IS HEREBY STIPULATED AND AGREED, by and between the United States of America, by its attorney Damian Williams, United States Attorney, Assistant United States Attorneys, Katherine Reilly, Micah Fergenson, and Steven Kochevar of counsel, and FRB-SF and its counsel, Avery Belka, Esq., Deputy General Counsel, that: 1. Upon entry of this Stipulation and Order, the Government shall return the FRB-SF Funds to FRB-SF in a manner consistent with the United States Treasury Automated Clearing House ("ACH") Form to be completed by FRB-SF through its attorney. 2. FRB-SF withdraws any claim to the remaining $1,830,105.89 of the Seized Funds (the "Forfeitable Funds"), and FRB-SF will not contest the administrative, civil or criminal forfeiture of the Forfeitable Funds, and agrees that it will not file a claim or a petition for remission or mitigation or otherwise contest the forfeiture of the Forfeitable Funds, and will not assist anyone else in doing so. 3. FRB-SF represents that it is the sole owner of the FRB-SF Funds and agrees to hold harmless the United States (including but not limited to the DOJ, UST, and the SDNY-USAO), and any agents and employees of the United States, from any and all claims in connection with or arising out of the transfer of the FRB-SF Funds to FRB-SF that are based on the alleged inaccuracy of such representation, including but not limited to any third-party claims of ownership of the FRB-SF Funds....[*** See this Stipulation And Order ***]... 10. This Court shall have exclusive jurisdiction over the interpretation and enforcement of this Stipulation and Order. 11. The signature page of this Stipulation may be executed in one or more counterparts, each of which will be deemed an original but all of which together will constitute one and the same instrument. SO ORDERED: (Signed by Judge Lewis J. Liman on 9/25/2023)(bw) (Entered: 09/25/2023)

Stipulation and Order

89

Oct 5, 2023

SEALED DOCUMENT placed in vault. (nmo) (Entered: 10/05/2023)

Oct 5, 2023

Sealed Document

90

Nov 15, 2023

SERVICE BY PUBLICATION as to Rafael Martinez. A Notice of Criminal Forfeiture Document filed by USA as to Rafael Martinez. (Attachments: # 1 Exhibit Notice of Criminal Forfeiture and Advertisement Certification Report)(Reilly, Katherine) (Entered: 11/15/2023)

Service by Publication

91

Nov 15, 2023

LETTER MOTION addressed to Judge Lewis J. Liman from AUSA Katherine Reilly dated November 15, 2023 re: Entrance of Final Order of Forfeiture . Document filed by USA as to Rafael Martinez. (Attachments: # 1 Proposed Order Proposed Final Order of Forfeiture)(Reilly, Katherine) (Entered: 11/15/2023)

Letter Motion

92

Nov 15, 2023

DECLARATION of Katherine Reilly in Support by USA as to Rafael Martinez re: 91 LETTER MOTION addressed to Judge Lewis J. Liman from AUSA Katherine Reilly dated November 15, 2023 re: Entrance of Final Order of Forfeiture .. (Reilly, Katherine) (Entered: 11/15/2023)

Declaration in Support of Motion

93

Nov 17, 2023

FINAL ORDER OF FORFEITURE as to (S2 22-Cr-251) Rafael Martinez. SO ORDERED: (Signed by Judge Lewis J. Liman on 11/17/2023) [*** NOTE: See ORDER as set forth. ***] (bw) (Entered: 11/17/2023)

94

Dec 22, 2023

LETTER MOTION addressed to Judge Lewis J. Liman from AUSA Katherine Reilly dated December 22, 2023 re: Final Order of Forfeiture as to Substitute Assets . Document filed by USA as to Rafael Martinez. (Attachments: # 1 Proposed Order Final Order of Forfeiture Substitute Assets)(Reilly, Katherine) (Entered: 12/22/2023)

Letter Motion

95

Dec 22, 2023

DECLARATION of AUSA Katherine Reilly in Support by USA as to Rafael Martinez (Reilly, Katherine) (Entered: 12/22/2023)

Declaration in Support (non-motion)

96

Dec 22, 2023

SERVICE BY PUBLICATION as to Rafael Martinez. A Notice of Criminal Forfeiture Document filed by USA as to Rafael Martinez. (Reilly, Katherine) (Entered: 12/22/2023)

Service by Publication

97

Dec 26, 2023

Final Order of Forfeiture of Forfeiture as to Substitute Assets as to Rafael Martinez... NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT: 1.All right, title and interest in the Forfeitable Funds is hereby forfeited and vested in the United States of America, and shall be disposed of according to law. 2.Pursuant to Title 21, United States Code, Section 853(n)(7) the United States of America shall and is hereby deemed to have clear title to the Forfeitable Funds. 3.The United States Department of Treasury (or its designee) shall take possession of the Forfeited Funds and dispose of the same according to law, in accordance with Title 21, United States Code, Section 853(h). So Ordered. (Signed by Judge Lewis J. Liman on 12/26/23)(jbo) (Entered: 12/26/2023)

Order AND ~Util - Terminate Motions

98

Feb 22, 2024

LETTER MOTION addressed to Judge Lewis J. Liman from Micah Fergenson dated February 22, 2024 re: Order Exonerating Bail . Document filed by USA as to Rafael Martinez. (Attachments: # 1 Proposed Order Text of Proposed Order)(Fergenson, Micah) (Entered: 02/22/2024)

Letter Motion

99

Feb 23, 2024

ORDER EXONERATING BAIL as to Rafael Martinez. ORDERED that the bail is exonerated and the County Clerk shall enter the Satisfaction of Judgment. (Signed by Judge Lewis J. Liman on 2/23/2024) (See ORDER set forth) (Forwarded to Finance Unit fia email on 2/23/2024) (ap) (Entered: 02/23/2024)

Order AND ~Util - Terminate Motions

100

Apr 18, 2024

SERVICE BY PUBLICATION as to Rafael Martinez. A Notice of Criminal Forfeiture was published in the www.forfeiture.gov on July 26, 2023, through August 24, 2023. Document filed by USA as to Rafael Martinez. (Fergenson, Micah) (Entered: 04/18/2024)

Service by Publication

101

Apr 18, 2024

SECOND LETTER MOTION addressed to Judge Lewis J. Liman from Micah Fergenson dated April 18, 2024 re: Second Final Order of Forfeiture . Document filed by USA as to Rafael Martinez. (Attachments: # 1 Proposed Order Text of Proposed Order)(Fergenson, Micah) (Entered: 04/18/2024)

Letter Motion

102

Apr 18, 2024

DECLARATION of Micah Fergenson in Support by USA as to Rafael Martinez re: 101 SECOND LETTER MOTION addressed to Judge Lewis J. Liman from Micah Fergenson dated April 18, 2024 re: Second Final Order of Forfeiture .. (Fergenson, Micah) (Entered: 04/18/2024)

Declaration in Support (non-motion)

103

Apr 19, 2024

SECOND FINAL ORDER OF FORFEITURE as to (S2 22-Cr-251) Rafael Martinez. SO ORDERED: (Signed by Judge Lewis J. Liman on 4/19/2024) [*** NOTE: See this Order as set forth. ***] (bw) (Entered: 04/19/2024)

104

Aug 13, 2024

SERVICE BY PUBLICATION as to Rafael Martinez. A Notice of Criminal Forfeiture was published in the www.forfeiture.gov on February 21, 2024, through March 21, 2024. Document filed by USA as to Rafael Martinez. (Reilly, Katherine) (Entered: 08/13/2024)

Service by Publication

105

Aug 13, 2024

SERVICE BY PUBLICATION as to Rafael Martinez. A Notice of Criminal Forfeiture was published in the www.forfeiture.gov on March 15, 2024, through April 13, 2024. Document filed by USA as to Rafael Martinez. (Reilly, Katherine) (Entered: 08/13/2024)

Service by Publication

106

Aug 13, 2024

THIRD LETTER MOTION addressed to Judge Lewis J. Liman from Katherine Reilly dated August 13, 2024 re: Third Final Order of Forfeiture . Document filed by USA as to Rafael Martinez. (Attachments: # 1 Proposed Order Text of Proposed Order)(Reilly, Katherine) (Entered: 08/13/2024)

Letter Motion

107

Aug 13, 2024

DECLARATION of Katherine Reilly in Support by USA as to Rafael Martinez re: 106 THIRD LETTER MOTION addressed to Judge Lewis J. Liman from Katherine Reilly dated August 13, 2024 re: Third Final Order of Forfeiture .. (Reilly, Katherine) (Entered: 08/13/2024)

Declaration in Support (non-motion)

108

Aug 13, 2024

THIRD FINAL ORDER OF FORFEITURE as to (S2 22-Cr-251) Rafael Martinez. SO ORDERED: (Signed by Judge Lewis J. Liman on 8/13/2024) [*** Note: See this Order as set forth. ***] (bw) (Entered: 08/13/2024)

109

Feb 13, 2026

LETTER MOTION addressed to Judge Lewis J. Liman from Michael S. Schachter dated February 13, 2026 re: Permission to Travel . Document filed by Rafael Martinez. (Schachter, Michael) (Entered: 02/13/2026)

Letter Motion

110

Feb 17, 2026

MEMO ENDORSEMENT as to Rafael Martinez on re: 109 LETTER MOTION filed by Rafael Martinez addressed to Judge Lewis J. Liman from Attorney Michael S. Schachter dated February 13, 2026 re: Permission to Travel. ENDORSEMENT: Permission granted. The Government shall respond by February 20, 2026 whether there is any reason that the travel restriction should not be lifted. SO ORDERED. ( Responses due by 2/20/2026. ) (Signed by Judge Lewis J. Liman on 2/17/2026) (bw) (Entered: 02/17/2026)

Memo Endorsement AND ~Util - Set/Reset Deadlines/Hearings

111

Mar 4, 2026

LETTER MOTION addressed to Judge Lewis J. Liman from Michael S. Schachter dated March 4, 2026 re: Request to Modify Travel Restriction . Document filed by Rafael Martinez. (Schachter, Michael) (Entered: 03/04/2026)

Letter Motion

112

Mar 5, 2026

MEMO ENDORSEMENT 111 LETTER MOTION as to Rafael Martinez (1)....ENDORSEMENT...The conditions of Mr. Martinezs bail are modified to permit him to travel domestically and internationally at Probation'sdiscretion provided he give advanced notification to Probation of the travel which will include the dates, method, and lodging information prior to being approved. This order is without prejudice to further applications by Mr. Martinez for relief from the travel restrictions (Signed by Judge Lewis J. Liman on 3/5/2026) (jw) (Entered: 03/05/2026)

Order on Letter Motion

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