USA v. Ilyayev et al
| New York Southern District Court | |
| Case #: | 1:23-cr-00506 |
| Case Filed: | Oct 03, 2023 |
| Terminated: | Jun 17, 2024 |
| Last checked: Thursday Oct 05, 2023 3:21 AM EDT |
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Defendant
Nerik Ilyayev (1)
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Represented By
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Defendant
Mukhiddin Kadirov (2)
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Represented By
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Plaintiff
USA
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Represented By
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| Docket last updated: 11/01/2024 6:35 PM EDT |
| Tuesday, April 11, 2023 | ||
| 1 | 1
14
pgs
SEALED COMPLAINT as to Nerik Ilyayev (1), Mukhiddin Kadirov (2). Violations of 18 U.S.C. §§ 1028A, 1344, 1347, 1956, and 2. (Signed by Magistrate Judge Sarah L Cave) (jbo) [1:23-mj-02895-UA]
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| Thursday, April 13, 2023 | ||
| Arrest of Nerik Ilyayev, Mukhiddin Kadirov. (jbo) [1:23-mj-02895-UA] | ||
| Attorney update in case as to Mukhiddin Kadirov. Attorney Clay Hubbard Kaminsky for Mukhiddin Kadirov added. (jbo) [1:23-mj-02895-UA] | ||
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NOTICE OF ATTORNEY APPEARANCE: Michael Craig Farkas appearing for Nerik Ilyayev. (jbo) [1:23-mj-02895-UA]
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| 5 | 5 CJA 23 Financial Affidavit by Mukhiddin Kadirov. Federal Defender Clay H. Kaminsky appointed counsel. APPROVED. (Signed by Magistrate Judge Sarah L Cave) (jbo) [1:23-mj-02895-UA] | |
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Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Initial Appearance as to Nerik Ilyayev held on 4/13/2023. Bond Hearing as to Nerik Ilyayev held on 4/13/2023. Agreed conditions of release; $500,000 Personal recognizance bond; To be cosigned by three financially responsible persons; Secured by $100,000: Prope1ty; Travel restricted to SDNY/EDNY; Surrender travel documents and no new applications; Pretrial supervision as directed by Pretrial Services; Curfew; Location monitoring technology; Deft to continue or seek employment; 1. The Court asks that the curfew hours be set to accommodate Deft's religious observances. 2. Def. not to possess PII of persons other than his family. 3. Def. not to contact victims/witnesses/co Deft unless in presence of counsel. 4. Def. not to open new business, bank account, line of credit without PTS/Court permission. 5. Def. not to work at, control, or own a pharmacy. Deft to be released on own signature; Remaining conditions to be met by two weeks. [**Preliminary Hearing Date: 5/15/23.] On defendant's consent. (jbo) [1:23-mj-02895-UA]
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Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Initial Appearance as to Mukhiddin Kadirov held on 4/13/2023. Bond Hearing as to Mukhiddin Kadirov held on 4/13/2023. Defendant present with Federal Defender Clay Kaminsky. AUSA Cecilia Vogel present for the Government. Russian interpreter present. BAIL DISPOSITION: $100,000 Personal recognizance bond; To be cosigned by three financially responsible persons; Travel restricted to SDNY/EDNY/DNJ for work; Surrender travel documents and no new applications; Pretrial supervision as directed by Pretrial Services; Deft to continue or seek employment; Govt represented that consular notification has been made. 1. Def. may not contact witnesses/co-Def. unless in presence of counsel. 2. Def. may not open any new bank accounts, letters of credit, or new business without prior permission of the Court or PTS. 3. Def. may not possess PII of any other person other than his 4 children and wife/partner. Deft to be released on own signature; Remaining conditions to be met by 4/27/23. [**Preliminary Hearing Date: 5/15/23.] On defendant's consent. (jbo) [1:23-mj-02895-UA]
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Appearance Bond Entered as to Nerik Ilyayev: $500,000 Personal recognizance bond; To be cosigned by three financially responsible persons; Secured by $100,000: Property; Additional conditions..... (jbo) (Main Document 8 replaced on 5/16/2023) (jbo). [1:23-mj-02895-UA]
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Appearance Bond Entered as to Mukhiddin Kadirov: $100,000 Personal recognizance bond; To be cosigned by three financially responsible persons; Additional conditions..... (jbo) (Main Document 9 replaced on 5/17/2023) (jbo). [1:23-mj-02895-UA]
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| Tuesday, April 18, 2023 | ||
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NOTICE OF ATTORNEY APPEARANCE: Steve Zissou appearing for Mukhiddin Kadirov. Appearance Type: Retained. (Zissou, Steve) [1:23-mj-02895-UA]
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| Tuesday, May 02, 2023 | ||
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NOTICE OF ATTORNEY APPEARANCE: James R. Froccaro, Jr appearing for Nerik Ilyayev. Appearance Type: Retained. (Froccaro, James) [1:23-mj-02895-UA]
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| Monday, May 15, 2023 | ||
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ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Nerik Ilyayev, Mukhiddin Kadirov. Time excluded from 5/15/23 until 6/14/23. (Signed by Magistrate Judge James L. Cott on 5/15/23)(vb) [1:23-mj-02895-UA]
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AFFIRMATION of Cecilia Vogel in Support by USA as to Nerik Ilyayev, Mukhiddin Kadirov re:12 Order to Continue - Interest of Justice. (vb) [1:23-mj-02895-UA]
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| Tuesday, May 23, 2023 | ||
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ENDORSED LETTER as to Nerik Ilyayev addressed to Magistrate Judge Gabriel W. Gorenstein from James R. Froccaro, Jr. dated 5/22/23 re: Requesting for Mr. Ilyayev be permitted to extend curfew and remain outside of his home between the hours of 10 pm and 7 am this coming Thursday evening into Friday morning at the Temple he attends in prayer at the House of Torah. ENDORSEMENT: Granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/23/23)(vb) [1:23-mj-02895-UA]
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| Wednesday, June 14, 2023 | ||
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NOTICE OF ATTORNEY APPEARANCE: David M. Eskew appearing for Nerik Ilyayev. Appearance Type: Retained. (Eskew, David) [1:23-mj-02895-UA]
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| 16 | 16 ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Nerik Ilyayev, Mukhiddin Kadirov re:12 Order to Continue - Interest of Justice. Time excluded from 6/14/23 until 7/14/23. (Signed by Magistrate Judge Robert W. Lehrburger on 6/14/23)(vb) [1:23-mj-02895-UA] | |
| 17 | 17 AFFIRMATION of Cecilia Vogel in Support by USA as to Nerik Ilyayev, Mukhiddin Kadirov re: 16 Order to Continue - Interest of Justice. (vb) [1:23-mj-02895-UA] | |
| Friday, July 14, 2023 | ||
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ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Nerik Ilyayev, Mukhiddin Kadirov re:12 Order to Continue - Interest of Justice. Time excluded from 7/14/23 until 8/14/23. (Signed by Magistrate Judge Ona T. Wang on 7/14/23)(C.R) [1:23-mj-02895-UA]
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AFFIRMATION of Cecilia Vogel in Support by USA as to Nerik Ilyayev, Mukhiddin Kadirov re:18 Order to Continue - Interest of Justice. (C.R) [1:23-mj-02895-UA]
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| Tuesday, July 18, 2023 | ||
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MOTION to Modify Conditions of Release for the Purposes of One-Time Travel (Unopposed) . Document filed by Mukhiddin Kadirov. (Zissou, Steve) [1:23-mj-02895-UA]
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| Monday, July 24, 2023 | ||
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CONSENT MOTION to Modify Conditions of Release to Permit Defendant Nerik Ilyayev One-Time Travel with Family . Document filed by Nerik Ilyayev.(Eskew, David) [1:23-mj-02895-UA]
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Att: 1
Proposed Order Proposed Order
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STIPULATION AND ORDER MODIFYING BAIL CONDITION as to Nerik Ilyayev... IT IS on this 24th day of July, 2023; ORDERED that defendant's bail condition previously imposed in the Order Setting Conditions of Release restricting defendant's travel to the Southern and Eastern Districts of New York is hereby modified to permit defendant to travel to Miami, Florida between the dates of August 2, 2023 and August 13, 2023; and ORDERED that all other conditions previously imposed shall remain in effect. (Signed by Magistrate Judge Valerie Figueredo on 7/24/23)(jbo) [1:23-mj-02895-UA]
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| Tuesday, August 01, 2023 | ||
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MEMO ENDORSED granting20 Motion to Modify Conditions of Release as to Mukhiddin Kadirov (2)... ENDORSEMENT: Request GRANTED. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 8/1/23) (jbo) [1:23-mj-02895-UA]
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| Monday, August 14, 2023 | ||
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ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Nerik Ilyayev, Mukhiddin Kadirov re:12 Order to Continue - Interest of Justice. Time excluded from 8/14/23 until 9/14/23. (Signed by Magistrate Judge Katharine H. Parker on 8/14/23)(C.R) [1:23-mj-02895-UA]
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AFFIRMATION of Cecilia Vogel in Support by USA as to Nerik Ilyayev, Mukhiddin Kadirov re:24 Order to Continue - Interest of Justice. (C.R) [1:23-mj-02895-UA]
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| Thursday, September 14, 2023 | ||
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ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Nerik Ilyayev, Mukhiddin Kadirov. Time excluded from 9/14/23 until 10/16/23. (Signed by Magistrate Judge Sarah L Cave on 9/14/23)(jbo) [1:23-mj-02895-UA]
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AFFIRMATION of AUSA Cecilia Vogel in Support by USA as to Nerik Ilyayev, Mukhiddin Kadirov re:26 Order to Continue - Interest of Justice. (jbo) [1:23-mj-02895-UA]
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| Friday, September 29, 2023 | ||
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NOTICE OF INTENT TO FILE an Information by U.S.A. as to Nerik Ilyayev, Mukhiddin Kadirov. (jm)
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| Monday, October 02, 2023 | ||
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ORDER as to (23-mj-2895-1) Nerik Ilyayev. A proceeding is scheduled in this matter with respect to defendant Nerik Ilyayev on October 3, 2023 at 1:00 p.m. in Courtroom 12C, Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York 10007. SO ORDERED. ( Status Conference set for 10/3/2023 at 01:00 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods. ) (Signed by Judge Gregory H. Woods on 10/2/2023)(bw) [1:23-mj-02895-UA]
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ORDER as to (23-mj-2895-2) Mukhiddin Kadirov. A proceeding is scheduled in this matter with respect to defendant Mukhiddin Kadirov on October 3, 2023 at 2:00 p.m. in Courtroom 12C, Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York 10007. SO ORDERED. ( Status Conference set for 10/3/2023 at 02:00 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods. ) (Signed by Judge Gregory H. Woods on 10/2/2023)(bw) [1:23-mj-02895-UA]
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| Tuesday, October 03, 2023 | ||
| Case Designated ECF as to Nerik Ilyayev, Mukhiddin Kadirov. (jm) | ||
| Minute Entry for proceedings held before Judge Gregory H. Woods: Change of Plea Hearing as to Nerik Ilyayev held on 10/3/2023. Defendant Nerik Ilyayev (out on bail) present with attorney David M. Eskew. AUSA Cecilia Vogel present. Change of plea hearing held. Defendant sworn in. Defendant advised of rights. Defendant withdraws previously entered not guilty plea and enters a plea of GUILTY to Count #1 of the Information. Waiver of Indictment entered as court exhibit #1. Plea agreement entered as court exhibit #2. PSI ordered. The Government is directed to provide the Probation Office with its factual statement within 7 days. Defense counsel is directed to set up the interview with the Probation Department within the next 14 days. No interview to be conducted by the Probation Department without the participation of defense counsel. Sentencing is scheduled for February 15, 2024, at 10:00 a.m. The defendant's sentencing submissions are due two weeks prior to sentencing; the Government's sentencing submissions are due one week prior to sentencing. Bail continued. All conditions of the defendant's pre-trial release remain in full force and effect. See Transcript. (Sentencing set for 2/15/2024 at 10:00 AM before Judge Gregory H. Woods) (Court Reporter George Malinowski) (ap) | ||
| Minute Entry for proceedings held before Judge Gregory H. Woods: Plea entered by Nerik Ilyayev (1) Guilty as to Count 1. (ap) | ||
| Oral Order of Referral to Probation for Presentence Investigation and Report as to Nerik Ilyayev. (Signed by Judge Gregory H. Woods on 10/3/2023) (ap) | ||
| Minute Entry for proceedings held before Judge Gregory H. Woods: Change of Plea Hearing as to Mukhiddin Kadirov held on 10/3/2023. Defendant Mukhiddin Kadirov (out on bail) present with attorney Steve Zissou. AUSA Cecilia Vogel present. FBI Special Agent Ali Amhaz-Strickland present. Court Reporter George Malinowski present. Uzbek Interpreter Sanjar Babadjanov present. Change of plea hearing held. Defendant sworn in. Defendant advised of rights. Defendant withdraws previously entered not guilty plea and enters a plea of GUILTY to Count #2 of the Information. Waiver of Indictment entered as court exhibit #1. Plea agreement entered as court exhibit #2. PSI ordered. The Government is directed to provide the Probation Office with its factual statement within 7 days. Defense counsel is directed to set up the interview with the Probation Department within the next 14 days. No interview to be conducted by the Probation Department without the participation of defense counsel. Sentencing is scheduled for March 12, 2024, at 10:00 a.m. The defendants sentencing submissions are due two weeks prior to sentencing; the Governments sentencing submissions are due one week prior to sentencing. Bail continued. All conditions of the defendant's pre-trial release remain in full force and effect. See Transcript. (Sentencing set for 3/12/2024 at 10:00 AM before Judge Gregory H. Woods) Plea entered by Mukhiddin Kadirov (2) Guilty as to Count 2. (lnl) | ||
| Oral Order of Referral to Probation for Presentence Investigation and Report as to Mukhiddin Kadirov. (Signed by Judge Gregory H. Woods on 10/3/2023) (lnl) | ||
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INFORMATION (Felony) filed as to Nerik Ilyayev (1) count(s) 1, Mukhiddin Kadirov (2) count(s) 2. (jm)
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WAIVER OF INDICTMENT by Mukhiddin Kadirov. (jm)
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WAIVER OF INDICTMENT by Nerik Ilyayev. (jm)
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CONSENT PRELIMINARY ORDER OF FORFEITURE/MONEY JUDGMENT as to Mukhiddin Kadirov.. As a result of the offense charged in Count Two of the Information, to whichthe Defendant pled guilty, a money judgment in the amount of $6,978,843 in United Statescurrency (the "Money Judgment"), representing the amount of property involved in the offensecharged in Count Two of the Information, of which the Defendant is jointly and severally liablefor $4,140,624 in United States currency with co-conspirator Ilyayev, to the extent a forfeituremoney judgment is entered against Ilyayev in this case, shall be entered against the Defendant. (Signed by Judge Gregory H. Woods on 10/3/23)(jm)
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CONSENT PRELIMIARY ORDER OF FORFEITURE/MONEY JUDGMENT as to Nerik Ilyayev.As a result of the offense charged in Count One of the Information, to whichthe Defendant pled guilty, a money judgment in the amount of $6,504,069 in United Statescurrency (the "Money Judgment"), representing the amount of proceeds traceable to the offensecharged in Count One of the Information that the Defendant personally obtained, of which theDefendant is jointly and severally liable for $4,140,624 in United States currency with Kadirov, tothe extent a forfeiture money judgment is entered against Kadirov in this case, shall be enteredagainst the Defendant.. (Signed by Judge Gregory H. Woods on 10/3/23)(jm)
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