USA v. Spivak, et al.
| Ohio Northern District Court | |
| Case #: | 1:21-cr-00491 |
| Case Filed: | Jun 23, 2021 |
| Last checked: Thursday Aug 18, 2022 1:05 PM EDT |
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Defendant
Paul Spivak (1)
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Represented By
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Defendant
Jason Arthur (6)
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Represented By
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Defendant
Forrest Church (4)
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Represented By
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Defendant
Richard Mallion (5)
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Represented By
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Defendant
Larry Matyas (7)
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Represented By
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Defendant
Charles Scott (3)
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Represented By
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Defendant
Olga Smirnova (2)
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Represented By
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Movant
US Lighting Group
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Plaintiff
United States of America
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Represented By
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| TERMINATED PARTIES | |
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Defendant
Donald Howard (8)
Terminated: 03/30/2022
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Represented By
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GPO
Aug 16 2021
Opinion and Order as to Paul Spivak (1). For the reasons set fourth in the accompanying Opinion and Order, the Court VACATES the order of detention and ORDERS the release of Defendant Paul Spivak pending trial subject to the conditions set forth in this Order and such other terms as Pretrial Services may require. Judge J. Philip Calabrese on 8/16/2021. (Y,A) |
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GPO
Nov 03 2022
Opinion and Order: The Court finds that the United States has substantially complied with its discovery obligations and directs the United States to move forward with Option 3 outlined in its brief. Judge J. Philip Calabrese on 11/3/2022. (Y,A)Opinion and Order: The Court finds that the United States has substantially complied with its discovery obligations and directs the United States to move forward with Option 3 outlined in its brief. Judge J. Philip Calabrese on 11/3/2022. (Y,A)Opinion and Order: The Court finds that the United States has substantially complied with its discovery obligations and directs the United States to move forward with Option 3 outlined in its brief. Judge J. Philip Calabrese on 11/3/2022. (Y,A)Opinion and Order: The Court finds that the United States has substantially complied with its discovery obligations and directs the United States to move forward with Option 3 outlined in its brief. Judge J. Philip Calabrese on 11/3/2022. (Y,A)Opinion and Order: The Court finds that the United States has substantially complied with its discovery obligations and directs the United States to move forward with Option 3 outlined in its brief. Judge J. Philip Calabrese on 11/3/2022. (Y,A)Opinion and Order: The Court finds that the United States has substantially complied with its discovery obligations and directs the United States to move forward with Option 3 outlined in its brief. Judge J. Philip Calabrese on 11/3/2022. (Y,A)Opinion and Order: The Court finds that the United States has substantially complied with its discovery obligations and directs the United States to move forward with Option 3 outlined in its brief. Judge J. Philip Calabrese on 11/3/2022. (Y,A)Opinion and Order: The Court finds that the United States has substantially complied with its discovery obligations and directs the United States to move forward with Option 3 outlined in its brief. Judge J. Philip Calabrese on 11/3/2022. (Y,A) |
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GPO
Aug 10 2024
Opinion and Order: The Court GRANTS IN PART AND DENIES IN PART the motion of the United States for reconsideration (ECF No. 338) as to Paul Spivak (1). Judge J. Philip Calabrese on August 10, 2024. (Y,A) |
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GPO
Aug 12 2024
Opinion and Order: The Court GRANTS IN PART AND DENIES IN PART Defendants' motion to exclude the testimony of Peter Melley (ECF No. 354.) Judge J. Philip Calabrese on August 12, 2024. (Y,A)Opinion and Order: The Court GRANTS IN PART AND DENIES IN PART Defendants' motion to exclude the testimony of Peter Melley (ECF No. 354.) Judge J. Philip Calabrese on August 12, 2024. (Y,A) |
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GPO
Aug 17 2024
Opinion and Order: The Court DENIES Defendant Paul Spivak's motion to dismiss (ECF No. 381). Judge J. Philip Calabrese on August 17, 2024. # (1) Exhibit A-Statement) (Y,A)Opinion and Order: The Court DENIES Defendant Paul Spivak's motion to dismiss (ECF No. 381). Judge J. Philip Calabrese on August 17, 2024. # (1) Exhibit A-Statement) (Y,A) |
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GPO
Feb 12 2025
Opinion and Order: The Court DENIES Mr. Spivak's Rule 29 motion, his alternative Rule 33 motion (ECF No. 480), his motion to withdraw his guilty plea (ECF No. 484), and his motion to hold these proceedings in abeyance (ECF No. 519). Judge J. Philip Calabrese on February 12, 2025. (Y,A)Opinion and Order: The Court DENIES Mr. Spivak's Rule 29 motion, his alternative Rule 33 motion (ECF No. 480), his motion to withdraw his guilty plea (ECF No. 484), and his motion to hold these proceedings in abeyance (ECF No. 519). Judge J. Philip Calabrese on February 12, 2025. (Y,A)Opinion and Order: The Court DENIES Mr. Spivak's Rule 29 motion, his alternative Rule 33 motion (ECF No. 480), his motion to withdraw his guilty plea (ECF No. 484), and his motion to hold these proceedings in abeyance (ECF No. 519). Judge J. Philip Calabrese on February 12, 2025. (Y,A)Opinion and Order: The Court DENIES Mr. Spivak's Rule 29 motion, his alternative Rule 33 motion (ECF No. 480), his motion to withdraw his guilty plea (ECF No. 484), and his motion to hold these proceedings in abeyance (ECF No. 519). Judge J. Philip Calabrese on February 12, 2025. (Y,A)Opinion and Order: The Court DENIES Mr. Spivak's Rule 29 motion, his alternative Rule 33 motion (ECF No. 480), his motion to withdraw his guilty plea (ECF No. 484), and his motion to hold these proceedings in abeyance (ECF No. 519). Judge J. Philip Calabrese on February 12, 2025. (Y,A)Opinion and Order: The Court DENIES Mr. Spivak's Rule 29 motion, his alternative Rule 33 motion (ECF No. 480), his motion to withdraw his guilty plea (ECF No. 484), and his motion to hold these proceedings in abeyance (ECF No. 519). Judge J. Philip Calabrese on February 12, 2025. (Y,A)Opinion and Order: The Court DENIES Mr. Spivak's Rule 29 motion, his alternative Rule 33 motion (ECF No. 480), his motion to withdraw his guilty plea (ECF No. 484), and his motion to hold these proceedings in abeyance (ECF No. 519). Judge J. Philip Calabrese on February 12, 2025. (Y,A)Opinion and Order: The Court DENIES Mr. Spivak's Rule 29 motion, his alternative Rule 33 motion (ECF No. 480), his motion to withdraw his guilty plea (ECF No. 484), and his motion to hold these proceedings in abeyance (ECF No. 519). Judge J. Philip Calabrese on February 12, 2025. (Y,A)Opinion and Order: The Court DENIES Mr. Spivak's Rule 29 motion, his alternative Rule 33 motion (ECF No. 480), his motion to withdraw his guilty plea (ECF No. 484), and his motion to hold these proceedings in abeyance (ECF No. 519). Judge J. Philip Calabrese on February 12, 2025. (Y,A) |
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GPO
Mar 21 2025
Opinion and Order: The Court DENIES Defendant Paul Spivak's motion for reconsideration. (ECF No. 555.) Judge J. Philip Calabrese on March 21, 2025. (Y,A) |
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GPO
Apr 22 2025
Memorandum Opinion addressing calculation of the loss amount and application of the acquitted conduct guideline in Section 1B1.3(c) as to Paul Spivak (1). Judge J. Philip Calabrese on April 22, 2025. (Y,A) |
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GPO
Apr 23 2025
Opinion and Order: The Court DENIES the motion of Defendant Charles Scott for bond pending appeal (ECF 571). Judge J. Philip Calabrese on April 22, 2025. (Y,A) |
| Docket last updated: 10 hours ago |
| Monday, June 07, 2021 | ||
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Complaint signed by Magistrate Judge Jonathan D. Greenberg on 6/7/2021 as to Paul Spivak (1). (S,S) [1:21-mj-04128-JDG]
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Att: 1
16 pgs
Affidavit
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| Tuesday, June 08, 2021 | ||
| Arrest of Paul Spivak (1) on 6/8/2021. (S,S) [1:21-mj-04128-JDG] | ||
| Case unsealed as to Paul Spivak (1). (S,S) [1:21-mj-04128-JDG] | ||
| Minutes of proceedings [non-document] before Magistrate Judge Jonathan D. Greenberg. Initial Appearance as to Paul Spivak (1) held on 6/8/2021. AUSA Alejandro A. Abreu present for the government. Attorney Kevin M. Spellacy present for defendant. Defendant present. As a result of the COVID-19 pandemic, all parties appeared by, and consented to, proceeding via video conference. Pursuant to the Due Process Protections Act, the Court reminds the government of its obligations under Brady v. Maryland, 373 U.S. 83 (1963), to disclose evidence favorable to the defendant and material to the defendant's guilt or punishment. The government is ordered to comply with Brady and its progeny. The failure to do so in a timely manner may result in consequences, including dismissal of the indictment or information, exclusion of government evidence or witnesses, adverse jury instructions, dismissal of charges, contempt proceedings, sanctions by the Court, or any other remedy that is just under the circumstances. Defendant advised of charges. Government moves for detention and requests 3-day continuance. Defendant requests detention hearing. Detention Hearing set for 6/11/2021 at 11:00 a.m. via video conference (Cleveland) before Magistrate Judge Jonathan D. Greenberg. Defendant waives preliminary hearing and consents/authorizes his counsel to sign waiver on his behalf; Court accepts waiver and directs counsel for defendant to submit executed waiver forthwith. Matter bound over to the Grand Jury for further proceedings. Pursuant to the Courts General Orders, the court finds that the speedy trial clock under 18 U.S.C. § 3161(b) is extended to 30 days after the grand jury is ordered to reconvene; and such time is excluded for speedy trial act purposes, as provided in 18 U.S.C. § 3161(b) and 18 U.S.C. § 3164(b), pursuant to the Courts Ends of Justice determination under 18 U.S.C. §§ 3161(h)(7)(A), (h)(7)(B)(i), and (h)(B)(iii). The court further finds that the ends of justice served by the continuance outweigh the best interest of the public and defendant in a speedy presentation of the case to the Grand Jury, because failure to grant such a continuance would deny counsel for both sides the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. (Court Reporter/ECRO: J. Lowbridge; Pretrial Officer: Cassandra Stolarik) (Time: 15 min.) (S,S) [1:21-mj-04128-JDG] | ||
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Order regarding use of video conference/teleconferencing as to Paul Spivak (1). Signed by Magistrate Judge Jonathan D. Greenberg on 6/8/2021. (S,S) [1:21-mj-04128-JDG]
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Order of Temporary Detention Pending Hearing as to Paul Spivak (1). Detention Hearing set for 6/11/2021 at 11:00 a.m. via video conference (Cleveland). Signed by Magistrate Judge Jonathan D. Greenberg on 6/8/2021. (S,S) [1:21-mj-04128-JDG]
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| Wednesday, June 09, 2021 | ||
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Waiver of Preliminary Hearing by Paul Spivak (1). (S,S) [1:21-mj-04128-JDG]
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| Friday, June 11, 2021 | ||
| Financial Transaction in the amount of $60,000.00 received from Paul Spivak. Receipt # #14660132094 as to Paul Spivak (1). (M,MT) [1:21-mj-04128-JDG] | ||
| Minutes of proceedings [non-document] before Magistrate Judge Jonathan D. Greenberg as to Paul Spivak (1) held on 6/11/2021. AUSA Alejandro A. Abreu present for the government. Attorney Kevin M. Spellacy present for defendant. Defendant present. As a result of the COVID-19 pandemic, all parties appeared by, and consented to, proceeding via video conference. Parties appeared for scheduled detention hearing. Parties reached agreement for bond. Bond set at $600,000 secured by 10% ($60,000), with standard/special conditions. Defendant shall remain in custody pending home inspection by Pretrial Services and deposit of $60,000 with the Clerk of Courts. (Court Reporter/ECRO: S. Siner; Pretrial Officer: Cassandra Stolarik) (Time: 10 min.) (S,S) [1:21-mj-04128-JDG] | ||
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Receipt for Passport of Paul Spivak received on 06/11/21, Receipt Number #C842 (M,MT) [1:21-mj-04128-JDG]
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Order regarding use of video conference/teleconferencing as to Paul Spivak (1). Signed by Magistrate Judge Jonathan D. Greenberg on 6/11/2021. (S,S) [1:21-mj-04128-JDG]
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| Friday, June 18, 2021 | ||
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Motion for Hearing on Detention Status, with memorandum in support by Paul Spivak (1). (Spellacy, Kevin) [1:21-mj-04128-JDG]
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| Monday, June 21, 2021 | ||
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Motion to reopen detention hearing by United States of America as to Paul Spivak (1). (Abreu, Alejandro) [1:21-mj-04128-JDG]
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| Wednesday, June 23, 2021 | ||
| IMPORTANT: Notice of Hearing [non-document] as to Paul Spivak (1). Detention Hearing set for 6/28/2021 at 11:00 a.m. via video conference (Cleveland) before Magistrate Judge Jonathan D. Greenberg. (S,S) [1:21-mj-04128-JDG] | ||
| Random Assignment of Magistrate Judge pursuant to Local Criminal Rule 57.9. In the event of a referral, case will be assigned to Magistrate Judge Jonathan D. Greenberg. (H,SP) | ||
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Indictment filed by USA as to Paul Spivak (1) count(s) 1. (H,SP)
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Att: 1
Designation Form and Signature Page
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