Notice of Motion for Permission to Transfer or Liquidate Assets — No. 1:22-cr-00042 (Dkt. 42, W.D.N.Y.)

Summary

A Notice of Motion for Permission to Transfer or Liquidate Assets, Document 42 filed May 25, 2023 in the Western District of New York (Case 1:22-cr-00042-JLS-JJM), United States v. John L. Hutchins, filed by attorney Justin D. Ginter of Lipsitz Green Scime Cambria LLP, with his supporting affirmation, before U.S. Magistrate Judge Jeremiah J. McCarthy. The affirmation recalls that the defendant was arraigned on March 29, 2022, the government did not seek detention, and release conditions recommended by pretrial services barred transferring or liquidating assets without court permission. He asks permission to sell the Rapids Theater (the business) and 1711 Main LLC (the building), both in Niagara Falls, and his residence in Lewiston, New York, with proceeds to help satisfy his current financial obligations.

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

Cite this document

“Notice of Motion for Permission to Transfer or Liquidate Assets — No. 1:22-cr-00042 (Dkt. 42, W.D.N.Y.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/notice-of-motion-for-permission-to-transfer-or-liquidate-assets-no-1-2-d66002af10/, SHA-256 13ae824cf94d7b3a6bb0adaa6cf1e42040202df82bff6cbf98fece4939e005a2.

Full text

Case 1:22-cr-00042-JLS-JJM Document 42 Filed 05/25/23 Page 1 of 4

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
___________________________________________

UNITED STATES OF AMERICA,
Plaintiff,

NOTICE OF MOTION FOR
PERMISSION TO TRANSFER
OR LIQUIDATE ASSETS
vs. Case No: 1:22-CR-42-JLS-JJM

JOHN L. HUTCHINS,
Defendant.
____________________________________________

MOTION BY: Justin D. Ginter, Esq.
Attorney for Defendant

DATE, TIME, PLACE: Before the Hon. Jeremiah J. McCarthy
United States Magistrate Judge
United States Courthouse
2 Niagara Square
Buffalo, New York 14202
On a date and time convenient for the Court

SUPPORTING PAPERS: Affirmation of Justin D. Ginter, Esq.,
dated May 25, 2023

RELIEF REQUESTED: Permission to transfer or liquidate assets.

DATED: Buffalo, New York, May 25, 2023

Respectfully submitted,

LIPSITZ GREEN SCIME CAMBRIA LLP
JUSTIN D. GINTER, ESQ.
Attorneys for Defendant,
JOHN L. HUTCHINS
Office and Post Office Address
42 Delaware Avenue, Suite 120
Buffalo, New York 14202-3901
(716) 849-1333
jginter@lglaw.com
Case 1:22-cr-00042-JLS-JJM Document 42 Filed 05/25/23 Page 2 of 4

TO: PAUL E. BONANNO, ESQ.
ASSISTANT UNITED STATES ATTORNEY
138 Delaware Avenue
Buffalo, New York 14202

BRIAN MAMIZUKA
UNITED STATES PROBATION OFFICER

2
Case 1:22-cr-00042-JLS-JJM Document 42 Filed 05/25/23 Page 3 of 4

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
___________________________________________

UNITED STATES OF AMERICA,
Plaintiff,
AFFIRMATION
vs. Case No. 1:22-CR-42-JLS-JJM

JOHN L. HUTCHINS,
Defendant.
____________________________________________
STATE OF NEW YORK )
COUNTY OF ERIE ) ss:
CITY OF BUFFALO )

JUSTIN D. GINTER, ESQ., affirms under penalty of perjury that:

1. I am an attorney at law duly licensed to practice in the State of New York

and in this Court and am a Partner in the law firm of Lipsitz Green Scime Cambria LLP, located at

42 Delaware Avenue, Suite 120, Buffalo, New York.

2. I am fully familiar with the facts and circumstances surrounding this case

through my investigation of this matter and review of the pleadings previously filed, as well as

through my conversations with the defendant and members of law enforcement.

3. This affidavit is made in support of defendant’s motion for permission to

transfer or liquidate assets.

4. On March 29, 2022, Mr. Hutchins appeared with counsel before Your

Honor for the purpose of arraignment.

5. At arraignment, the government did not move for detention and the parties

agreed to Mr. Hutchins’s release on numerous conditions recommended by pretrial services.

6. Included in the conditions recommended by pretrial services, was a

request that Mr. Hutchins not transfer or liquidate any assets while the case is pending, without

Court permission.

3
Case 1:22-cr-00042-JLS-JJM Document 42 Filed 05/25/23 Page 4 of 4

7. Mr. Hutchins respectfully requests permission to sell the Rapids Theater

(the business) and 1711 Main LLC (the building) both located at 1711 Main Street, Niagara

Falls, NY 14305.

8. Further, Mr. Hutchins respectfully requests permission to sell his

residence at 606 Mountain View Drive, Lewiston, NY 14092.

9. The proceeds from the sale of the business and properties would be used

to help Mr. Hutchins satisfy his current financial obligations, including but not limited to his

legal fees associated with this matter.

10. Defense counsel has contacted Assistant United States Attorney, Paul

Bonanno, who has no objection to this request as long as $350,00.00 from the sale is held in

escrow. The defense has no objection to this stipulation.

11. Defense counsel has also contacted the United States Probation Officer

Brian Mamizuka, who stated that Probation would defer to the Court.

WHEREFORE it is respectfully requested that JOHN L. HUTCHINS be

permitted to transfer or liquidate the assets referenced above.

DATED: Buffalo, New York
May 25, 2023
Respectfully submitted,

/s/ Justin D. Ginter, Esq.
JUSTIN D. GINTER, ESQ.

File and source

File: 42.pdf
Size: 172,172 bytes
SHA-256: 13ae824cf94d7b3a6bb0adaa6cf1e42040202df82bff6cbf98fece4939e005a2
Our copy: 42.pdf
Original: No public link identified.