USA v. Swain

New York Western District Court
Case #:	1:23-cr-00057

Case Filed:

Jun 01, 2023

Docket
Parties (2)

Last checked: Saturday Jun 03, 2023 3:40 AM EDT

Defendant Michael E. Swain (1)	Represented By Herbert L. Greenman Lipsitz Green Scime Cambria LLP contact info
Plaintiff USA	Represented By Raymond John Fadel Doj-Usao contact info

Docket last updated: 02/06/2025 7:25 PM EST

Thursday, March 02, 2023
		Arrest of Michael E. Swain (EG) [1:23-mj-01006-JJM] Related: [-]
1		1 SEALED COMPLAINT as to Michael E. Swain. (EG) [1:23-mj-01006-JJM] Related: [-]
3		3 16 pgs COMPLAINT Related [+] as to Michael E. Swain. (EG) [1:23-mj-01006-JJM] Related: [-] dacted
4		4 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Initial Appearance as to Michael E. Swain held on 3/2/2023. The parties appear. The court grants the government's oral motion to seal the complaint and file a partially redacted version for the reasons stated. Defendant received a copy of both versions of the complaint. Defendant advised of rights. Attorney Herbert Greenman appears for defendant and indicates that he expects to be retained. Mr. Greenman to confirm at detention hearing. Defendant consents to provisional representation. Defendant waives a preliminary hearing. The government moves for pretrial detention and notes the presumption in favor of detention. A Detention Hearing set for 3/6/2023 at 3:30 PM in Genesee Courtroom, 6th Floor West, 2 Niagara Square, Buffalo, NY before Hon. Jeremiah J. McCarthy. The parties confirm that STA time is excluded through that date due to the pending motion. The court reads the Rule 5(f)/DPPA admonition to the government, who confirms. The parties confirm receipt of the pretrial services report. APPEARANCES: AUSAs Raymond Fadel and Maeve Huggins; Defendant with Herbert Greenman; USPO Brian Mamizuka (Court Reporter FTR Gold) (EG) [1:23-mj-01006-JJM] Related: [-]
5		5 RULE 5(f)/DPPA ORDER as to Michael E. Swain. Signed by Hon. Jeremiah J. McCarthy on 3/2/2023. (EG) [1:23-mj-01006-JJM] Related: [-]
6		6 1 pgs Arrest Warrant Returned Executed on 3/1/2023 in case as to Michael E. Swain. (EG) [1:23-mj-01006-JJM] Related: [-]
Monday, March 06, 2023
7		7 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Detention Hearing as to Michael E. Swain held on 3/6/2023. The parties appear. Attorney Herbert Greenman indicates that he is now fully retained for defendant. The parties received the pretrial services report. The government moves for detention for the reasons stated on the record. Defendant seeks release on strict conditions and offers property-secured bond posted by parents. The court finds the proposed conditions of release sufficient to rebut the presumption. The court interviews defendant's parents, Patrick and Donna Swain, who indicate they understand the risks and are willing to post the value of their home up to $50,000 as security. Sureties execute bond. The court interviews defendant's girlfriend, Rebecca Parker, who indicates that she will monitor defendant against internet usage. Sureties to provide government with necessary paperwork. Defendant waive preliminary hearing. A 90-day Rule 48(b) dismissal date discussed and set. STA time excluded on motion of the government. Conditions of release discussed and clarified. Release will be pending approval of home's value by government and inspection of residence by pretrial services. The government requests and is granted a temporary stay of release until 5 p.m. on Thursday March 9, 2023. APPEARANCES: AUSAs Raymond Fadel and Maeve Huggins; Defendant with Herbert Greenman; USPO Brian Mamizuka (Court Reporter FTR Gold)(EG) [1:23-mj-01006-JJM] Related: [-]
8		8 2 pgs Secured/Property Bond Entered as to Michael E. Swain in amount of $50,000 (sureties Patrick Swain, Donna Swain) (EG) [1:23-mj-01006-JJM] Related: [-]
9		9 TEXT ORDER as to Michael E. Swain: As agreed to by the parties, pursuant to Fed. R. Crim. P. (Rule) 48(b), the Complaint will be automatically dismissed, without prejudice, on June 6, 2023 at 12:00 p.m. without the need for a further order. The Rule 48(b) deadline will not be extended for ongoing plea negotiations short of an actual plea agreement. Defendant may accelerate the Rule 48(b) dismissal deadline by filing a notice to that effect, in which case the dismissal will occur (without further order) at 12:00 p.m. on the 10th business day thereafter; provided, however, that in no event will the dismissal occur less than 30 or more than 90 days from today's date, unless extended by the court for reasons other than ongoing plea negotiations. Any defendant who is in custody on the Complaint and not subject to another detainer or warrant at that time of the dismissal shall immediately be released from custody, and the conditions of release (including bail) imposed as a result of the Complaint as to any defendant who is not in custody at that time shall immediately terminate. For the reasons stated by the government and agreed to by defendant, the ends of justice served by this continuance outweigh the best interest of the public and defendant in a speedy trial, and the time between today and June 6, 2023 is therefore excluded from the Speedy Trial Act calendar pursuant to 18 U.S.C. Sections 3161(h)(7)(A) and 3161(h)(7)(B)(iv). SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 3/6/2023. (EG) [1:23-mj-01006-JJM] Related: [-]
Thursday, March 09, 2023
10		10 ORDER TEMPORARILY STAYING RELEASE as to Michael E. Swain. Responses due by 3/13/2023. Replies due by 3/15/2023. Oral Argument is set for 3/16/2023 at 10:00 AM in Niagara Courtroom, 8th Floor West, 2 Niagara Square, Buffalo, NY before Hon. Lawrence J. Vilardo. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 3/9/2023.(APG) [1:23-mj-01006-JJM] Related: [-]
Monday, March 13, 2023
11		11 MOTION for Extension of Time to File Response/Reply Response to Government's Motion by Michael E. Swain. (Greenman, Herbert) [1:23-mj-01006-JJM] Related: [-]
12		12 MOTION for Protective Order by USA as to Michael E. Swain.(Fadel, Raymond) [1:23-mj-01006-JJM] Related: [-]
		Att: 1 Proposed Protective Order
Tuesday, March 14, 2023
13		13 PROTECTIVE ORDER granting12 Motion for Protective Order as to Michael E. Swain. Signed by Hon. Jeremiah J. McCarthy on 3/14/2023. (EG) [1:23-mj-01006-JJM] Related: [-]
14		14 31 pgs NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Michael E. Swain held on 3/6/23 before Judge Hon. Jeremiah J. McCarthy. Court Reporter/Transcriber Brandi Wilkins, scalisba@gmail.com. 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 4/4/2023. Redacted Transcript Deadline set for 4/14/2023. Release of Transcript Restriction set for 6/12/2023. (Wilkins, Brandi) [1:23-mj-01006-JJM] Related: [-]
Wednesday, March 15, 2023
15		15 AMENDED ORDER TEMPORARILY STAYING RELEASE as to Michael E. Swain re11 MOTION for Extension of Time to File Response/Reply Response to Government's Motion filed by Michael E. Swain. The defendant's motion for an extension of time is GRANTED. Responses due by 3/16/2023. Replies due by 3/20/2023. Oral Argument is set for 3/21/2023 at 10:00 AM in Niagara Courtroom, 8th Floor West, 2 Niagara Square, Buffalo, NY before Hon. Lawrence J. Vilardo. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 3/15/2023.(APG) [1:23-mj-01006-JJM] Related: [-]
Friday, March 17, 2023
16		16 SECOND AMENDED ORDER TEMPORARILY STAYING RELEASE as to Michael E. Swain. The defendant's informal unopposed request for an extension of time to file response to Government's Motion is GRANTED. Response is now due by 5:00PM on 3/17/2023. Reply, if any, is due by 5:00PM on 3/21/2023. Oral Argument is scheduled for 3/23/2023 at 1:00 PM in U.S. Courthouse, 2 Niagara Square, Niagara Courtroom, 8th Floor West, Buffalo, NY before Hon. Lawrence J. Vilardo. Defendant's release is stayed until 5:00 p.m. on 3/23/2023. SO ORDERED. Signed Lawrence J. Vilardo on 3/17/2023.(CMD) [1:23-mj-01006-JJM] Related: [-]
Thursday, March 23, 2023
17		17 THIRD AMENDED ORDER TEMPORARILY STAYING RELEASE as to Michael E. Swain. Oral Argument is rescheduled for 3/24/2023 at 2:30 PM in U.S. Courthouse, 2 Niagara Square, Niagara Courtroom, 8th Floor West, Buffalo, NY 14202-3350 before Hon. Lawrence J. Vilardo. Defendant's release is stayed until 5:00 p.m. on 3/24/2023. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 3/23/2023.(CMD) [1:23-mj-01006-JJM] Related: [-]
Friday, March 24, 2023
18		18 FOURTH AMENDED ORDER TEMPORARILY STAYING RELEASE as to Michael E. Swain. Oral Argument is scheduled for 4/3/2023 at 1:00 PM in U.S. Courthouse, 2 Niagara Square, Niagara Courtroom, 8th Floor West, Buffalo, NY 14202-3350 before Hon. Lawrence J. Vilardo. Defendant's release is stayed until 5:00 p.m. on 4/3/2023. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 3/24/2023.(CMD) (Main Document 18 replaced to correct title of document on 3/24/2023) (CMD). [1:23-mj-01006-JJM] Related: [-]
Thursday, March 30, 2023
19		19 NOTICE OF ATTORNEY APPEARANCE Jonathan Paul Cantil appearing for USA. (Cantil, Jonathan) [1:23-mj-01006-JJM] Related: [-]
20		20 NOTICE OF ATTORNEY APPEARANCE Maeve Eileen Huggins appearing for USA. and REMOVAL (Huggins, Maeve) [1:23-mj-01006-JJM] Related: [-]
Monday, April 03, 2023
21		21 Secured/Property Bond Entered as to Michael E. Swain in amount of $ 100,000.00 (sureties Patrick Swain and Donna Swain). (CMD) [1:23-mj-01006-JJM] Related: [-]
Wednesday, April 05, 2023
22		22 4 pgs ORDER Setting Conditions of Release. Signed by Hon. Lawrence J. Vilardo on 4/3/2023. (JLV) [1:23-mj-01006-JJM] Related: [-]
Thursday, May 18, 2023
23		23 MOTION allowing Mr. Swain to attend his grandmother's wake and funeral by Michael E. Swain. (Greenman, Herbert) [1:23-mj-01006-JJM] Related: [-]
24		24 TEXT ORDER as to Michael E. Swain: Defendant's unopposed Motion23 for permission to attend his grandmother's wake and funeral on May 22 and May 23, 2023, respectively, is granted. The conditions of defendant's release are temporarily modified as described in the motion. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 5/18/2023. (EG) [1:23-mj-01006-JJM] Related: [-]
Thursday, June 01, 2023
25		25 4 pgs INDICTMENT as to Michael E. Swain (1) count(s) 1-2, 3-4, 5. (JLV) Related: [-]
26		26 Sealed Unredacted Document as to Michael E. Swain filed pursuant to FRCrP 49.1. (JLV) Related: [-]
27		27 TEXT ORDER OF REFERRAL Hon. Jeremiah J. McCarthy, United States Magistrate Judge, is hereby designated to act in this case as follows: All pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including all pre-trial matters that a Magistrate Judge may hear and determine pursuant to 28 U.S.C. Section 636(b)(1)(A), and those which a Magistrate Judge may hear and thereafter file a report and recommendation for disposition pursuant to Section 636(b)(1)(B). All procedural aspects of matters properly before the Magistrate Judge under this Order, including scheduling and the filing of briefs or other supporting material, shall be determined by the Magistrate Judge. All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. IT IS SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 6/1/2023. (JLV) Related: [-]

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