Olayinka Fisher Cocaine Trafficking Court Documents

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UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY
UNITED STATES OF AMERICA Criminal No.
v. 21 U.S.C. §84l(a) (1), 846, 848, 952,

963, and 18 U.S.C. §2
~RACY WONG,
OLAYINKA SDNAYON FISCHER, X
✓s TEVEN KAUFMAN,
JEFFREY DEVORS, )c
a/k/a "Frito",
--5AY SICRE,
cSTEIN LUNDEGAR ,J
GLENN ZIMMERMAN, )c,-
a/k / a "Ira Simmons",
-KE ITH MATTES,
-JERRY SCHWARTZ ,
--STANLEY ROGOW, and
- DOUGLAS GRANT
The Grand Jury in and for the District of New Jersey,

"
sitting at Newark, charges:
COUNT 1
1. That from at least as early as June, 1977 to
August 15, 1979, the defendant OLAYINKA SDNAYON FISCHER served
as the Second Secretary at the Nigerian Mission to the United
Nations; and, as such, the defendant bLAYINKA SDNAYON FISCHER
travelled around the world without being subject to Customs'
searches.
ii
I I
DICKSON, CREIGHTON & LOWENSTEIN, P.A.
COUNSELLORS AT LAW
ROGER A. LOWENSTEIN 51 NEWARK STREET
DONALD R. CREIGHTON
ROBERT J. BRADY HOBOKEN, N.J. 07030 {201) 659-6969
FAX (201) 659·3518
MANUELL. BARRETT
GEORGE F. NEWTON
ANN MARIE DOOLEY
ARTHUR L. DICKSON
OF COUNSEL
October 25, 1988
Michael D. Shanklin, Clerk

u. s. District Court
united States Courthouse
402 East State Street
Trenton, NJ 08625
Re: United States v. Ismaili

Docket NO. CR 84-246
Dear Mr. Shanklin:

Enclosed herewith please find check in the amount of $5 to
cover the filing fee in the above matter.
Very truly yours, ~
AMD:aa
Enclosure
ibt:/12~d- J
..,
/
DICKSON, CREIGHTON & LOWENSTEIN, P.A.
COUNSELLORS AT LAW
ROGER A. LOWENSTEIN 51 NEWARK STREET
DONALD R. CREIGHTON
ROBERT J. BRADY HOBOKEN, N.J. 07030 (201) 659-6969
MANUEL L. BARRETT FAX (201) 659 ·3518
GEORGE F. NEWTON
ANN MARIE DOOLEY
ARTHUR L. DICKSON
OF COUNSEL
October 12, 1988
Michael D. Shanklin, Deputy Clerk

United States District Court
United States Courthouse
402 E. State Street
Trenton, NJ 08625

Docket No. CR 84-246
Dear Mr. Shanklin:
Enclosed please find the following:
l. Notice of Motion to Vacate Sentence and to Compel

Compliance with Plea Bargain;
2. Motion to Vacate, Set Aside, or Correct Sentence by a

Person in Federal Custody;
3. Affidavit of Lakbir Ismaili;
4. Affidavit of Alan Silber, Esq.;
5. Certification of Ann Marie Dooley, Esq.; and
6. Memorandum of law in Support of Motion to Vacate, Set

Aside, or Correct Sentence, etc.
Please be apprised, that at your request, I spoke with

Judge Brown's law clerk, Mitchell Stein, Esq. about the
contemporaneous, intermingled filing of a criminal Rule 35 motion
and a Section 2255 habeas corpus petition. I was advised that my
papers may be filed as they originally had been, i.e., together with
reliance upon the same brief. Moreover, kindly be advised that
Judge Brown has set a return date of November 7, 1988.
Michael D. Shanklin
October 12, 1988
Page 2
If you have any questions regarding this matter, please do

not hesitate to telephone the undersigned.
Very truly yours,
{Jr /1,,1__ r1 ~COe~ ;ae,_

ANN MARIE DOOLEY LJ
AMD:aa
cc: Richard Weiner, Esq.
Via Federal Express
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
No. 86-5552
~Ece,ve L
U.S.A.
vs. DEC 2 81987
ATB:30
WILLIAM r.' WALs·..;, "ci~K
Ismaili, Lakbir Moulay,Appellant
(Appeal from the U. S. Dist. Court for the Dist; of NJ-TRENTON }
( D. C. o@Xll/Cr iminal No. 84-246-01
To: Clerk of District Court

INFORMATION SHEET ON POST DECISION MATTERS
An Order was filed on

----~---- extendinq the time
filing a petition for rehearing to
for
----------
A petition for rehearing on behalf of
was filed on --------
An order was filed on denyinq the petition fo~

rehearing. ---------
An order was filed on - - - - - ~ - - s t a y i n g the issuance of the
mandate to -,.---.---,---=----pending the filing of a petition for
writ of certiorari in the Supreme Court of the Unite~ States.
X A petition for writ of certiorari was filed on November 2'i...,_J_g.a.L-

in the Supreme Court at s.c. No. .~B~l--~9~6~6_ __
The petition for writ of certiorari was denie~

--- on
A petition for writ of certiorari was granted on________
Sally Mrvos, Cler~
Dated: December 23, 1987
IS-PD
May 15, 1987
Clerk, U.S. District Court

District of New Jersey
P.O. Box 515
Trenton, New Jersey 08603

Criminal No. 84-00246-001
Dear Sir:
A non-custodial sentence in the above-captioned matter
was imposed by the Hon. Garrett Brown on August 4, 1986. My
client's Passport has been held pursuant to the terms of the
bail. That bail has now been exonerated, and therefore I
would appreciate it if the Passport would be returned to me
for my client.
If there is anything further I must do to secure the
Passport, please advise.
Very truly yours,
SILBEu;:r_;~;J;fl
AIAN{UJ!/j/ v
A Member of the Firm
AS:ob
cc: Hon. Garrett E. Brown, Jr., U.S.D.J.

Howard Weiner, A.U.S.A.
Mr. Lakbir Moulay Ismaili
ALAN SILBER i'J. Y.. :-..:.J. & C,\L. BARS. ,,;_J_ CFRT!F!ED CRlivl!N,\LTRlAL ATTORNEY
MERRILL N. RUBIN >:.\..·,, >:.J. ;,,\iZ:-; DIANETDLBERTCOVAN or· COU'.':SEL. ,;_y_ & FL\. []_.\RS
No. 86-5552
United States of America
vs.
Lakbir Moulay Ismaili, Appellant
(Appeal from the .u. S. Dist. Court fe>.r"the Dist. of NJ-TRENTON )

,,,.,. .. _.. •• ~.. ~-1•"',"""'_, ..,..:.•,,r' .-......... ,_. ... , - · - - - - - .. ~~- ... ~ ... - - - - - - - • ----·--., .... , .• - ... .._,~
,/ (D. C. acffU/Criminal No. 84-00246-01 )

\,-.,•.. •c-·· ''·"'',••·· .....- · , -.•. ,.,., ,, . . .,.-'< "~.•,·,.-. ·,~,,.-"'·••-"~• ~-~....- .... ., ,.,. ,·. , ... ,•. ,. •' ·•··
An Order was filed on - - - : - - - - : : - - - - c - - - - extendinq the time for

f i ling a petition for rehearing to
-----------
x A petition for rehearing on behalf of _ ___.,A~p~p~e~I~l-a-n-t_______
was filed on September 16, 1987
An order was filed on denyinq the Petition fo~

rehearing.
An order was filed on _ _ _ _ _-=--"_ _ staying the issuance of the

mandate to ~--~--~-~_pending the filing of~ petition for
writ of certiorari in the Supreme Court of the Unite1 States.
A petition for writ of certiorari was filed on _ _ _ _ __

in the Supreme Court at S.C. No. - - - - - - - -
The petition for writ of certiorari was denied

on
A petition for writ of certiorari was granted on
Sally Mrvos, Clerk
Dated: September 16, 1987
IS-PD
No. 86-5552
RECEftVtE[J)
United States of America SEP2 81987
.,.830 ....M
A1 : · • · · ·: L':o•·
vs. WILLIAM T. VU,LSH, C -····
Ismaili, Lakbir Moulay, Appellant
(Appeal from the u. s. Dist. Courtc,,fo.r...J:;.,h~ Dist. of NJ-TRENTON )

;•,~•••,:••·•[:-<"~=~,/;~•~,#~~ ... ,,~., r,,M
-(ti. C. ~/Criminal No. 84-00246-0l ', .. ,

An Order was filed on extending the time for

filing a petition for rehearing to
-----------
was filed on --------·---
x An order was filed on ___ _B,e,pt. 25, 1987 denyinq the oetition fol'.'
rehearing.
An order was filed on ------=-=__ staying the issuance of the
mandate to __________pending the filing of~ petition for
writ of certiorari in the Supreme Court of the Unite~ Stat~s.
A petition for writ of certiorari was filed on - - - - - -
in the Supreme Court at S.C. No. - - - - - - - -
on
Sally Mrvos, Clerk
Dated: Sept. 25, 1987
IS-PD
FOR THE DISTRICT OF NEW JERSEY
2
3
- - - - - - - - - - - - - - - -
4 UNITED STATES OF AMERICA,
5 Plaintiff, Case Number CR 83-199

6 versus
Trenton, New Jersey
7 STEN LUNDAGER, December 18, 1991
8 Defendant.
- - - - - - -- - -- - - -
9
10
TRANSCRIPT OF SENTENCING
FILED
11
BEFORE THE HONORABLE GARRETT BROWN JAN Q 9 1992
UNITED STATES DISTRICT JUDGE
12
AT 8;30 _ _--:-::-:--;;--,M
13 WILLIAM T. WALSH
CLERK
APPEARANCES:
14
15 For the Plaintiff: THOMAS A. BROWN, ESQUIRE

Assistant United States Attorney
16
For the Defendant: ROGER BERNSTEIN, ESQUIRE
17
530 5th Avenue, 10th Floor
New York, New York 10036
18
Audio Operator: Bill Carothers
19
20
21 Proceedings recorded by electronic sound recording,

transcript produced by transcription service.
22
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J&J COURT TRANSCRIBERS, INC.
24
116 Youngs Road
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(609) 586-2311 FAX NO. (609) 587-3599
2
THE COURT: The United States versus Sten Lundager.

2 Appearing for the United States?
3
MR. BROWN: Your Honor, my name is Thomas A. Brown,
4 I'm Assistant United States Attorney.
5
MR. BERNSTEIN: Your Honor, Roger Bernstein on behalf
6 of Mr . Lu ndager .
7
THE COURT: Now, I have received an extensive pretrial
a report here -- presentence report. And I have received your
9 memorandum, Mr. Bernstein, and the character letters, et
10 cetera, that you have submitted. This is a pre-guideline case,

11 is that correct?
12 MR. BERNSTEIN: That's correct, your Honor.
13 THE COURT: The defendant has been incarcerated since

14 August 21st, is that correct?
15
MR. BERNSTEIN: That's correct, your Honor.
16
THE COURT: Which is a little bit under four months, I
17 suppose.
18
MR. BERNSTEIN: Yes. My calculation is that today is
19 the 119th day, if you count the date of arrest.
~ THE COURT: Hundred and nineteenth day.
21 MR. BERNSTEIN: I sat down this morning and added 30
~ for September, 31 for October, 30 for November and so forth,
~ Judge, and it's one day short of four months, that's right.
24
THE COURT: Well, I've consider his role in the
~ offense, as well as his conduct before and afterward. I don't

3
believe he's had any other involvement with the criminal law,
2 is that correct?

4 THE COURT: Before or since.
6 THE COURT: His role in this case was preparing money

7 on three occasions for the principals.
a MR. BERNSTEIN: That's correct.
9 THE COURT: My view, at this time, is to impose a term

10 of imprisonment for four years on the condition he be confined
11 to jail for 119 days under the split sentence provision of the
12 law before the guidelines with full credit for time served.
13 Execution of the remainder of the sentence of imprisonment
14 suspended and place him on probation for five years. And, of
15 course, whether he has an arrangement between the U.S.
16 Government and the Danish Government concerning probation, I
17 leave in counsel's hands. And given his financial condition,
1a not to impose a fine, other than the special assessment.
19 But before I rule, I will be happy to hear from you,
~ your client, and the Government, if you wish.

21
MR. BERNSTEIN: Your Honor, I firmly believe there is
22 absolutely nothing I can say in response to anything you have
~ said, and I have no words to change your mind or, in any
~ direction on anything that you have said.

25
I have only one very technical issue to raise, having
4
reviewed the Statute that concerns transfer between countries,

2 which I will tell you I've never --
3
THE COURT: I don't know that I can necessarily
4 address that one way or the other. I can place him on
5 probation, and then I believe it's between the Attorney General

6 and the designated 'representative of DenmaY- k.
7
MR. BERNSTEIN: That's 99 and half percent co1rect.
8 But undey- Section 4104(F), YOUY- Honor, the Attorney
General
9 requires your formal consent to that process, and I
have
10 prepared an order embodying what I --
11 THE COURT: So ordered.
12 MR. BERNSTEIN: And I'll
13 THE COURT: So ordered.
L.•.. -
14 MR. BERNSTEIN: -- pass it up to --
15 THE COURT: MY-. Lu ndage1~ 's been in Denmark for some
16 time now, I'm suY-e he'd like to go back.

17
MR. LUNDAGER: Vey-y much so, your Honor. Vey-y much
18 so.
19
THE COURT: All Y-ight. Now, Mi. Lundager, do you wish
~ to be heard before I impose sentence upon you?

21 MR. LUNDAGER: Yes, youy- Honor.
22 THE COURT: All right, proceed.
23
MR. LUNDAGER: I am very grateful for youy-
~ consideration in this case. And my fiance is here today, she
25 came all the way from Denmark, and we'd like to get married,
5
and continue our lives.

2 Thank you very much, sir.
3
THE COURT: Very well. Does the United States wish to
4 be heard?
5 MR. BROWN: No, your Honor.
6
THE COURT: All right. We know that this is a old
7 case, 83 document number, involves activities significantly
a prior theieto. There's no indication that this defendant was
9 involved in any criminal activities before or since. His
10 involvement in this case was extremely limited. Under the
11 circumstances, it's the judgment of this Court that the
12 defendant is committed to the custody of the Attorney General
13 of the United States, or his authorized representative for
14 imprisonment for a term of four years on condition he be
15 confined to a jail type institution for a period of 119 days,
16 execution of remainder of sentence of imprisonment is hereby
17 suspended. The defendant is placed on probation for of five
1a years to commence upon his release from confinement which, by
19 my calculation, is today, upon the following terms and

w conditions:
21
One, he cannot commit any crime, Federal, State or
~ local.
~ Two, he shall abide by the standard conditions of

24 probation recommended by the Probation Office.
~ Three, that he be required to notify the United States

6
Probation Office prior to any return by the defendant to the
2 United States if he is granted a transfer of supervision
3 pursuant to the convention on transfer of sentence prisoners.
4 It is further ordered that he is assessed a $50
s Special Assessment Fee payable immediately.
6 Given the defendant's financial situation, no fine is

7 imposed.
a Now, you have given me a form of order here, Mr.

9 Bernstein.
10 MR. BERNSTEIN: Yes, Judge.
11
THE COURT: And the United States does not oppose that
12 transfer, is that correct?
13 MR. BROWN: That's correct, your Honor.
14
THE COURT: All right. Nor do I. So ordered.
1s MR. BERNSTEIN: Your Honor, my recollection is that

16 one of the standard conditions of probation requires and
11 you'll correct me where may recollection may be wrong
1a requires that Mr. Lundager remain in this District -- and then
19 this is the part I don't remember whether the Probation
w Officer, alone, can give him permission to travel outside the
21 District of New Jersey. He needs to go to New York, of course,
22 to take care of his personal affairs and leave the United

~ States.
~ THE COURT: Very well.
~ MR. BERNSTEIN: That's my application.

7
THE COURT: So ordered.
2 MR. BERNSTEIN: All right. Thank you.
3 THE COURT: Counsel will promptly prosecute this

4 request for transfer of supervision?
5
MR. BERNSTEIN: Yes, Judge. I'm not quite sure if I
6 have to do anything more than the -- I -- I believe with that
7 order, the Government is allowed to consent, and I believe Mr.
a Enduty (phonetic) is now allowed to permit him to leave to
e Denmark. I don"t know that the Attorney General has to contact

10 the Danish Government --
11 THE COURT: Okay.

12 MR. BERNSTEIN: for this. I'm not -- I don't --
13 THE COURT: Is that correct? Do we need the consent
14 of the Danish Government beforehand?
15 MR. BERNSTEIN: I don't think
16 MR. BROWN: I don't know, your Honor.
17
MR. BERNSTEIN: I think it's only needed for transfer
1a of custody, but not for transfer of supervision. Because I've

1e looked at 4107(F) and 4104. And 4107 --
20
THE COURT: Does the United States have any objection
21 to -- after he pays his Special Assessment and is released to
~ his leaving for Denmark, and the Danish, if it wishes, to
n assume supervision over him?

24 MR. BROWN: No objection, your Honor.
25 THE COURT: Very well. Thank you, Counsel.
8
MR. BERNSTEIN: Thank you, Judge.

2
MR. BROWN: Thank you, your Honor.
3
MR. BERNSTEIN: And, your Honor, I wanted to also say
4 on behalf of Mr. Lundager and his family, that they are
5 grateful to the Court for advancing this on the calendar prior
6 to Christmas and squeezing it in, because I see how busy you

7 are with the other cases that are here. And so I know -- I
a speak on their behalf in thanking you.
9
THE COURT: Very well. Thank you.
10
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C E R T I F I C A T E
6
7 I certify that the foregoing is a correct transcript
a from the electronic sound recording of the proceeding in the

9 above-entitled matter.
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J&J COURT TRANSCRIBERS
12
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DATED:
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/
.i
U.S. Departmei ...-of Justice - f1
United States Attorney
PRS:Jl/U 795A
83 00704 970 Broad Street, Room 502 201/645-2155
Newark,NewJersey 07102 j~""' JLE FTS/341-2155
November 16, 1983 D

NOV 2 ~ 1983
Alan Silber, Esq.
177 Prince Street t\t .~./f..e{..................11.,M
New York, New York 10012 ALL'(f'l z. LIIel . .
Re: Plea Agreement with Keith Mattes C <f ~-3- )9 q S

Dear Mr. Silber:
This letter sets forth the full and complete plea

agreement between Keith Mattes and the United States Attorney
for the District of New Jersey.
Based upon the understanding specified below, the

United States will accept a guilty plea from Keith Mattes to
Count one of Indictment No. 83-199. That count charges a
violation of 21 u.s.c. Section 846, carrying a maximum sentence
of five years and a $15,000 fine. The United States will, at
the time of sentencing in the above-captioned matter, move to
dismiss the remaining count against Keith Mattes. If Mattes
enters a guilty plea and is sentenced on this charge, the
United States will bring no further charges against Mattes
relating to any allegations of drug offenses between Mattes and
Steven Malone, Gosta Ferneborg, and Joseph Margarite between
1978 and February 1981.
It is understood that the sentence to be imposed upon

Keith Mattes is within the sole discretion of the sentencing
Judge. This Office cannot and does not make any promise or
representation as to what sentence Keith Mattes will receive
nor will it recommend any specific disposition. However, this
Office will inform the sentencing Judge and the Probation
Department of: (1) this agreement; (2) the nature and extent of
Keith Mattes' activities with respect to this case and others;
and (3) all other information, favorable or otherwise, in its
possession relevant to sentence. It is understood that the
United States specifically reserves the right to correct
factual misstatements relating to sentencing proceedings and to
oppose any application by Keith Mattes for a reduction of
sentence pursuant to Rule 35, Federal Rules of Criminal
Procedure.
- 2 -
It is further understood that this agreement is

limited to the United States Attorney's Office for the District
of New Jersey and cannot bind other federal, state or local
prosecuting authorities, although this Office will bring this
agreement to the attention of other prosecuting offices, if
requested.
Finally, it is understood that this agreement was

reached without regard to any civil matters that may be pending
or may arise involving Keith Mattes, including, but not limited
to, proceedings by the Internal Revenue Service relating to
potential civil tax liability.
No additional promises, agreements and conditions have

been entered into other than those set forth in this letter and
none will be entered into unless in writing and signed by all
parties.
Very truly yours,
W. HUNT DUMONT
Un~ted States Attorney
By: PHILIP R.
Assistant U.S. Attorney
- 3 -
I have received this letter from my attorney,

Alan Silber, Esquire, have read it, and I hereby acknowledge
that it fully sets forth my agreement with the Office of the
United States Attorney for the District of New Jersey. I state
that there have been no additional promises or representations
made to me by any officials or employees of the United States
Government or my attorney in connection with this matter.
Witnessed by:
ALAN SLBER, ESQUIRE

Defense Counsel for Keith Mattes
w-~~~~ ~~=~~~ ~~~~n~~~ ~vuni
DISTRICT OF NEW JERSPV
(
., UNITED STATES OF AMERICA Criminal No. J'J- Jf'i

()._\ I 0 Plaintiff,
/U.V)
\ (\\ vs. // ,.J) a. .Ii
APPLICATION FOR PERMISSION
\ V ;u_i /f... v//./ci/t?S · TO ENTER PLEA OF . _GUILTY
Defendant. (Defendant with Counsel)
, hereby certifies as follows:

--=--..,,.---=----=-----=----------
[Defendant's name]
1. My full name is KP,-t/ ./Jcrre/,. t:/t;.;: tJ-eJ and I request that
all proceedings against me be held in that name~·
2. I understand that the Constitution and laws of the United States
guarantee me the right to .·be represented by a law:yerA at every stage in
these proceedings, including any trial on these charges, and that if·I
can1!ot afford to hire a lawyer, the Court will provide o.ne for me.
3. I have a lawyer who is representing me.in this proceeding. My
I
lawyer s name is fha/f.l J:-1Lc?1- CSJ . . • I believe and am satisfied
that I have had enough time to discuss this matter with my lawyer.
4 •: My date of birth is 2-./J/r J • I [am] [--e.n, ne:e:] married
and I have 61, e. chi rd~.
5. English /[is] Eis I ~ my native language. My formal education
stopped after _;-:-/ 1/2 o/"-I q c,:/4:µ.• I am presently Euna-mt hi~d] [emp'loyed]
. I/ ! [
~radeJ
as a 5~/c_ tJ.t:,_Jd.c'JS~L
(w fc,l [oiy£.7et. aJ,c/ Jr) 1-J- UM/re Jc:le.I)
• .-· - •
[occupation] .
I have· taken [no] _[~ foitti .. ing-] drugs or medication within the
past twenty-four hours. ._ ,
· I .. {ii ~2] [have no1;:] drunk alcoholic beverages within the past_ ._.,___.
twenty-four hours. ..
7. I [h@&e] [have never] been a patient in a mental hospital or
., institution. I ~ [do not] believe that at the present time .I. am
mentally ill or mentally incompetent in any respect.
8. _ I received a copy of the Indictmo....nt · ( ~ t i e R ) before being · -
called upon to plead. I have read an4 discussed it with my lawyer.
I understand that the substance of the charges(s) against me is that
. 0?,'J c.1-..f a Ct>.IU;,✓-J..c;c ...fo oJ.JpS_[ a~I /2.... ,,.:.f cl!tu ..f': <U li.J- 7
[-ada s~e
sheets ~ ]
9. I have told by lawyer all the facts and circumstances known to
me about ~he charges set forth in-the Indictment (~nf&r:..m..ation} •
10. . I am satisfied that my lawyer understands the information which
I have provided, and that my lawyer has counselled and advised me on the
nature of each.charge and on all possible defenses that I might have in
this case.
11. In addition, my lawyer has explained to me, and I understand,
that if I ente~~p::i--eam:®-€=:N:Bir::::Gtltt.~Jll~ persisted in my plea of
NOT GUILTYM1, under the Constitution and laws of the United States I
would be entitled to a speedy and public trial by a jury of twelve
persons on the charges contained in this Indicbnent --..( LRf@:1zma"S:i.sn) •
FI LED
NOV 2 ! 1983
;o.·;-a ,
8t .8.:.;iO:::'...-........................... ff..:M
ALLYN Z. LITE
L?. My lawyer has explained to me, and __T understand, that at such ·
a trj;al the jur,· would be told by the jud{ that I am presumed to be
1
innocent, and t 1 -~ t the Government would. ·be required to prove me guilty o
the chargel? against."me beyond a reasonable doubt. I understand that I
would not have to prove that I am innocent, an9 that I could not be con-
victed unless a;I.l twelve jurors voted unanimously for conviction.
13. My lawyer has·discussed with me, and I understand, that if I went
to trial on these charges, the Government would have to produce .in open
court the witnesses against me, and that my lawyer could confront and
cross-examine them and object to evidence offered by the Government.
·14. My lawyer has further explained to me, and I understand, that I
have the -right to pro~uce witnesses and could offer evidence in my defen
at a trial on these charges, and that I would have the right, if I so
chose, to testify on my own behalf at that tria·l; but if I chose not to
testify, the jury could draw no suggestion or inference of guilt from
that fact. · . ·
15. My lawyer has explained to me, and I understa~d, that if I plead
GUI~TY to any charge (@Q), in this !ndictment +InE· ,cn,~-r). and the judge
accepts my plea, I WAIVE MY RIGHT TO TR.I.AL AND THE OTHER RIGHTS SET FORTJ
IN PARAGRAPHS 11, 12, 13 and 14 ABOVE. I-am aware and understand that
if my GUILTY plea is accepted, there will be no trial and a judgment of
GUILTY will be entered after which the judge, upon consideration of my
~ presentence report, will impose punishment upon me. I understand that
if I plead GUIL~Y, the judge may impose the same punishment as if I had
pleaded "not guilty", went to trial and was-convicted by a jtiry.
16. My lawyer has also explained to me, and I- ·understand, that if I
plead GUILTY, I WAIVE MY RIGHT NOT TO INCRIMINATE MYSELF. I understand
that the judge ·will ask me what I did and I wil-1 have to acknowledge my
guilt as charged by setting .forth my actions so that.the judge is satis-
fied that I am, indeed, guilty. I understand that any statements I make
:::::: ::: at _the tim~ I plead GUILTY, if untrue and made. under oath, can be· the __.
basis of-~ perjury prosecution against.me.
17. My lawyer has informed me, and I understand, that the maximum
punishment which_ the law provides for the offenses charged in this
Incic-i::r.1ent (·IT1fo£m1J.t;ioa) is: ..... _
A MAXIMUM OF .£J'D years imprisonment and a fine of $ Jfft n::o
for the offenses. charged in Cou,nt ~ . OAe. c.·L./ lout- •
My_lawyer has further explained, and I understand, that-there is [no] ·
[ffl mandatory minimum punishment of · ·----- years imprisonment and
[no] [cal> mandatory minimum fine of$ for the offenses·charged.
oti.o..
in Courit {:O) -...--~...;;.,..-=------=~--=-
I understand that if I plead GUILTY to Count(ia) ·01ie of the
Indictment · ( I : n f ~ , I face a maximum sentence on th€>Se coun_ts of
Y years imprisonment, plus an aggregate fine of$ /J/tfo-u
( t if I plead GUILTY -and the judge accepts my pl.ea, I
may-be-Sentenced, at the 3-l,:l~--scret±o-n, under the prev-i-s.ions of _,_ · ·
t-~"hll-Corrections Act o.r as a Young Adult Offe-nder if I am p....t:..e.S_e.n±..ly
rt least 18 years of ~ u t not ~ 26 yea.rs o:E-a~- Under~
- - · · · oii s , I unde'r"s't-a-nd--that---i--mi-9-~c--r>ec-EF-:l::'\/:-a.J ind e te rmi na i
e.P~~ee-'tirh":tet=t-IM::-€f-t=rt;.-r-eq1.:ri re-~me to spend as long as s i-x-(07-yea:rs-i--n~
I hereby declare that no officer or ~gent of any branch of
government, (Fed,'1 al, State or local)~ nori / lawyer, nor any other
person, has· made J.ny promise or suggestion of. any kind t9 me, or within
my knowledg.e to anyon.e else, that· I will receive a lighter sentence, or
probation, or any othe·r form of leniency if I plead GUILTY. My lawyer
has explained, and l understand, that only the judge may decide .what
punishment I shall receive, and that if any person has told me otherwise,
that.person is not-telling me the truth. ·
19. I hereby declare that I have not been forced, coerced or
threatened in any manner by any person to plead GUILTY to these charges.
Nor have I .been told that if I refuse to plead GUILTY, other persons
will be prosecuted.
20. There [has] [~-ne-t] b~en a plea agreement entered into between
me and the United States Attorney by Assistant United States .. Attorney
f I, '. (/,f fR_ . Sc,//; Afef-
[name]
[ ] The plea agreement does not exist in written form.
[ L----] The plea agreement does exist in written form. I have read it,
my lawyer has explained it to me and I understand it.
The substance of the plea agreement is:
J."04-. ;pkcd~J..r ')'c.,lfi fo c.:
~ -lo o,J'S("JJ w;/( ii, f("~j io J,-.1/1.,'f.,;,/c, /7,
/?-,c;.,'/.l,tc;l( ne ,, &;~/, 'Af C~lt~T J. '. ,,,:.,/,',n_ <->/..s ,'kc
C'J..~1-- C /.r 7'• ie
c/iJ.1.>,,',r;i,nJ. 7.<e 4',,-,;-/4/J;,',c7",,,r t:.J,'// -/-,:-14! /20 oS,f;,n_ ,,;7' ..f't!47'eic/A. C0, /4,,_
,,.{ h~t jt.i,lfj fo f),,. c,;.u:i),(' c:l.t::/,,(,-.J .::t~ <: ,.....,, ls-AoT hl?cidP.I' ,?C,:i{.,.fc. fq,1-,., /2 -l.:.c.:f, .hoT,:,,:,,'li-,utd/-
21. My lawyer has explained to me, and I ·understand, that'the terms~
of the plea agreement might be unacceptable to the judge. If the judge
does not accept the terms of the agreement, I understand that I may with-
draw my GUILT~ plea or go ahead and plead GUILTY anyway. · If, after the
judge informs me tpat the plea agreement is unacceptable, I continue in
· my desire to plead GUILTY, I understand that the .dispo~ition __of my _cas~--
----- · · may be less- favorable than that proposed in the plea agreement. · ·.. :~-
22. I believe that my lawyer has done all tJlat anyone could do to
counsel and ass.ist me, AND I AM SATISFIED WITH THE ADVICE AND HELP MY
LAWYER HAS GIVEN.ME • .
23. I know the judge will not permit anyone to plead GUILTY who claim_s
·to be innocent, and with that in mind and because I am GUILTY and make·
no claim of innocence, I wish to plea4 GUILTY. I respectfully request
that the Court accept my plea of GUILTY and to have the Clerk enter my
plea of GUILTY as fallows: ·f fa; 1,.5 -fo 11;~ J>,q,.i_;'4 6h£.'
To Count (s) o /2 :R os ' fft-- of this Indictment (-Inf DUitst t h~tn.) •
24. I offer my plea of GUILTY freely and volunta~ily and of my own
accord, with full understanding of all matters.set 'forth in the Indicb:nent
~ ' in this application and in the certification of my lawyer
which is attached to this application.
25. . I further declare that I wish to waive the reading of the Indictment
~ I ~ ) in open court, and I request the Court to enter my plea
of GUILTY as set forth in Paragraph 23, above.
26. The following person(s), if any, assisted me in completing this
application: /)L'aN S,/iet...
I hereby certify that the foregoing information and statements

herein are true. r·am aware that if any of the foregoing statements
made by me are wilfully false, I am subject to punishment.
Signed by me in open court in the presence of my lawyer this
2/Jr day of 4flza«Ak~ {;ti!~
It. Defendant
·CERTIFICATION OF COUNSEL
f/1.,9,0 J',,·&c--:e hereby certifies that:

1. I am an attorney at law of the State of /4Jaw 0d-Je7 , and
haye been [retained by] [as~~~d tO::-B--P~~] the defendant.
14? di 1?hcdc>-1 · , in Criminal No . _...,.cf;;..:;'..?...,.--=-/9:..:'i;__,,,...,,...._ _ __
2. I have read and fully explained to the defendant the allegations
contained· in the Indictment (S:nforR\allPi en} •
3. To·the best of my knowledge and belief the statements,
representations and declarations made by the defendant in the fore-
going Application are in all.respects·accurate·and true.
4. I have explained the maximum and any mandatory minimum penalty
. for each count to the defendant. [Six_1ce=-t.1ie-def~ is":3;;;;;---. . . ,_
y...ea~-f-age, I informed him that be......may-be-s-en-tenc.ed under the ·
·__. __ ._ _ .(;G-1.=-rec!__ions.;..;.;;Act or M_a ~Q:ung:;=Aftal~ader
and toot if he is givCH=ah iooe-fe..ER-i-nat-e-s-ent':ence unefer=the p . . ons
~~:-S-:-e • §-9-1-0-(-b-)-,-he may b"e:Tequi:re-q-=-tc:>-s-p-e-rrd73:S-mu·ch-a-s-s-i.;,.__ _
ye~na-l=i-nst-i-t:a~n . ]
5 •. 0
The plea of GUILTY offered by the defendant in Paragraph 23
accords with my understanding of the facts related to me and is
consistent wi t:h my advice to the defendant •. ·
6. In my opinion the defendant• s waiver -of reading the 1,1,.JJ,-ci J..e,,../"
~fo.:mat:ien) in open court as provided in Rule· 10 is. voluntarily ··
and knowingly made, and I recommend to·the Court that the waiver be
accepted by .the Court. · .
7. In my_opinion the plea of GUILTY as offered by the defendant in
Paragraph 23 of this Application is voluntarily made with understanding
of the.· consequences of the plea. . I recommend that the Court accept · ---
the plea bf GUILTY.
Signed by me in open court in the presence of the defendant
above named, -a~d after full disclosure of the contents of this•
Certification to the defendant, this 24/f day of Ah--z-L.
19 P}
Attorney for the Defendant

I 1:.:- 10
States District Court fof1
1·uv
United States of America vs. Uniti-,d
(
____________ I 1 the o_,_. trict of New Jersey_ _____ 1
DEFENDANT
L ___ JERRY SWARTZ __ · ______ 1 ..,. Criminal 83-199
DOCKET NO. 1
In the presence of the attorney for the government MONTH DAY YEAR
the defendant appeared in person on this date ---------------111-
November 9 1983
COUNSEL L__J WITHOUT COUNSEL However the court advised defendant of right to counsel and asked whether defendant desired to have
counsel appointed by the court and the defendant thereupon waived assistance of counsel.
LX._J WITH COUNSEL I__ Peter Zeiler..L ES<L, _______________________ .J
(Name of Counsel)
~~ GUILTY, and the court being satisfied that (___J NOLO CONTENDERE, L _ J NOT GUILTY
~ there is a factual basis for the plea,
L___J NOT GUILTY. Defendant is discharged

There being a finding/verdict of
{
L.__J GUILTY.
Defendant has been convicted as charged of the offense(s) of conspiring to qi$. t.fiptitj.....& Possess
FINDING &
controlled substances on Count 1. J- J L .t:.i 0
JUDGMENT
NOV 10 1983
'
At 8:30 ................................... :ll.M
ALLYN Z. LITE .
The court asked whether defendant had anything to say why judgment should not be pronounced. Because no sufficient cause to the contrary
was shown, or appeared to the court, the court adjudged the defendant guilty as charged and convicted and ordered that: The defendant is
hereby committec1 to the custody of the Attorney General or his authorized representative for imprisonment for a period of Five ( 5)
SENTENCE years, on Count 1. Defendant to be confined in a jail-type institution
OR for a period of Six (6) months. The execution of the remainder of
PROBATION the sentence of imprisonment is hereby suspended and the defendant is
ORDER placed on probation for a period of Three (3) years, from date of release
TIS FURTHER ORDERED execution of sentence is hereby stayed until such

time as institution is designated, at which time the defendant will
voluntarily surrender.
SPECIAL
CONDITIONS
OF
PROBATION IT IS FURTHER ORDERED Count 4 of the indictment be and is hereby dismissed
ADDITIONAL In addition to the special conditions of probation imposed above, it is hereby ordered that the general conditions of probation set out on the
CONDITIONS reverse side of this judgment be imposed. The Court may change the conditions of probation, reduce or extend the period of probation, and
OF at any time during the probation period or within a maximum probation peri9d of five years permitted by law, may issue a warrant and
PROBATION revoke probation for a violation occurring during the probation period.
·The court orders commitment to the custody of the Attorney General and recommends, It is ordered that the Clerk deliver
COMMITMENT a certified copy of this judgment
RECOMMEN- and commitment to the U.S. Mar-
DATION shal or other qualified officer.
SIGNED BY
__2U U.S. District Judge
___J U.S. Magistrate

► HERBERT 11/10/83
HON. HERBERT J. STERN
UNITED STATES OF AMERICA :
v. Criminal No. 83-199
TRACY WONG, ET AL. 0 R D E R
This matter having been opened upon the ex parte
application of W. Hunt Dumont, United States Attorney for the
District of New Jersey, by Philip R. Sellinger, Assistant
United States Attorney, for an Order pursuant to Rule 17(c} of
the Federal Rules of Criminal Procedure directing T.R.W. to
produce items called for by the attached subpoena on November
4, 1983; and it appearing that the production of such items on

November 4, 1983 will prevent the delay and interruption of the
trial in the above matter; and for good and sufficient cause;
IT IS on t h i s ~ day of October, 1983;
0 RD ERE D that T.R.W. produce items called for by
the attached subpoena to an agent of the Government on November
4, 1983.
STERN
District Court
~0 89 ( Rev. 10/121 SUBPOENA
DISTRICT
~nihn ~taus Jaistrid <!I.our± NEW JERSEY I
OOCKETNO.
UNITED STATES OF AMERICA 83-199
TYPE OF CASE
V. □ CIVIL fl CRIMINAL
SUBPOENA FOR
TRACY WONG, ET AL.
0 PERSON !J 0OCUMENT(S) or OBJECT(S)
TO: -
ANY RESPONSIBLE; REPRESENTATIVE
T.R.W .
.
.
YOU. ARE HEREBY COMMANDED to appear in the United States District Court at the place,
date, and time-specified below to testify in the abov~ntitt~ case: _
PLACE COURTROOM
United States Post Office & Courthouse

Newark, New Jersey 07101
i
CATE ANO TIME
-11/4/83
9:30 A.M.
1
YOU ARE ALSO COMMANDED to bring with you. the following document(s) or object(s):< >
;
All records regarding Tracy Wo~g (SS #: 486-46-8351; DOB: 7/7/46),
Kelrnscott Properties, Ltd., and Kelrnscott Trading Company, Ltd.
□ Stltl additional information on mw,ra-
This subpoena shall remain in effect until you are granted leave to depart by the court or by an
offi~r acting on· behaff ot the court.
J.S. MAGISTRAT'E(2J OR CLERK Ofl' COURT CATE
10/27/83
ATTORNEY'S NAME ANO AOORESS

PHILIP R. SELLINGER
This subpoena is issued upon application of the: ASSISTANT U.S. ATTORNEY
970· BROAD STREET (201)
□ Plaintiff 0 Defendant ~ U.S. Attorney NEWARK, NEW JERSEY 07102 645-2395
(1) If not aoo11cao1a. 1nt11r ••none.,.
(2) A suaooen. sn111 be laued bY a m19l1trat• In• procNdln9 before ntm, but nNd n,.. be unaar tn.;; salot o,e·court. (Ru!e 17(a), Fedual Rules of
C,lmlMI PfoeeGUH.)
No. _ _
~itw ~fates ~istrid (!fomt

THE UNITED STATES OF AMERICA
vs.
TRACY WONG, ET AL.
0 R D E R
W. HUNT DUMONT
U. S. Attorney Newark, New Jersey
By: PHILIP R. SELLINGER

FPI-SS-11-22-71-SM-8553
Form No. USA-48-0R7

(Ed. 10-18-63)
UNITED STATES OF AMERICA

r,: r"'~
v. Criminal No. 83-19f \ \.-~ ~ ~...J
TRACY WONG, ET AL. A F F I D A V I T

oC1 2i ·1. 1983
STATE OF NEW JERSEY: ······....... ·/J:~.M. .
e,t s:30................... L\1E
:ss: ALL'(\'! z. -
COUNTY OF ESSEX
I, PHILIP R. SELLINGER, being duly sworn, hereby
depose and say:

1. I am an Assistant United States Attorney for the
District of New Jersey and have been so employed since 1981.

In this capacity, I have been assigned to prosecute the above
captioned action.
2. Defendant Wong has been charged in a 7 count
indictment charging him with conspiracy to import and
distribute, and the importation and distribution, of cocaine
and thai sticks in violation of 21 u.s.c. §841, 846, 848, 952
and 963.
3. The Government intends to subpoena records of
T.R.W., a credit agency, pursuant to F.R.Cr.P. 17(c). T.R.W.
will not produce these records without a Court Order. The
documents sought are evidentary and relevant. They will help
present to the jury a complete financial picture of defendant

- 2 -
Wong and will help corroboroate important aspects of the
Government's case. They are not otherwise procurable
reasonably in advance of trial by the exercise of due
diligence; the Government cannot properly prepare for trial

without such production and inspection in advance of trial.
Production of such records on November 4, 1983, rather than on
the date of trial, will prevent the interruption and delay of
trial. Further, the re~ords are sought in good faith. See
United States v. Cuthbertson, 630 F.2d 139, 145 (3d Cir. 1980),
cert. denied, 449 U.S. 1126 (1981). Accordingly, the
Government respectfully requests that an Order be entered
directing the production of such records on November 4, 1983,
pursuant to F.R. Cr.P. 17(c).
:w
PHILIP R. SELLINGER
Sworn and Subscribed to

before me this 26th day
of October 1983.
~oeitL
ATTORNEY OF NEW JERSEY
4o
Honorable Herbert J. Stern
Criminal No. 83-199
UNITED STATES OF AMERICA NOTICE OF MOTION TO EXCLUDE

EVIDENCE AND FOR PRODUCTION
v. OF PASSPORT
TRACY WONG, et al.
TO: DAVID BREITBART, ESQ. ALAN SILBER, ESQ.

60 Hudson Street 177 Prince Street
New York, NY 10013 New York, NY 10012
RICHARD FLAM, ESQ. FRANK GOULD, ESQ.

11726 San Vicente Blvd. Gould & Reimer, Esqs.
Suite 400 401 Broadway
Los Angeles, CA 90049-5006 Suite 1600
New York, NY 10013
Gentlemen:
PLEASE TAKE NOTICE that at 10:00 a.m. on November 14,

1983, Philip R. Sellinger, Assistant United States
Attorney for the District of New Jersey, will come
before the Honorable Herbert J. Stern, United States
District Judge, at Newark, New Jersey, for an Order,
pursuant to Rules 702 and 608 of the Federal Rules
of Evidence, and Rule 17(c) of the Federal Rules
of Criminal Procedure, excluding evidence and compelling
the defendant, Tracy Wong, to provide to the Government
his passport.
A brief in support of this motion is attached
hereto.
Respectfully submitted,
W. HUNT DUMONT
BJ~I~
STATE OF m::t-.J JERSEY )
COUNTY OF ESSEX } ss AFFIDAVIT OF SERVICE (Ml~ILING)
Your deponent, being first duly sworn upon oath, deposes
and says:
1. I am employed in the office of the United States Attorney,

District of New Jersey.
2. In the course of such employment, on the 20th day of
Qctober 19 83 I served a copy of the within
document upon Richard Flam, Esq.
attorney for Stanley Rogow
at 11726 San Vicente Boulevard, Suite 400

Los Angeles, CA 90049-5006
by sending him a copy thereof by United States mail,
personally deposited by me in the U.S. Post Office at
Newark, N.J.
Subscribed and sworn to before me

this do-fl day of {Y~19rJ.
STATE OF HEW JERSEY )
COUNTY OF ESSEX ) ss AFFIDAVIT OF SERVICE (MAILING)
and says:

2. In the course of such ernployment, on the 20th day of
October 1983 I served a copy of the within
document upon Alan Silber, Esq.
attorney for Keith Mattes
at 177 Prince Street, New York, NY 10012
Newark, N.Jo
this oto#aay of {Y~ 19f~

(
STATE OF HEW JERSEY )

comJTY OF ESSEX ) ss AFFIDAVIT OF SERVICE (MAILING)

and says:
October 19 83 I served a copy of the within

document upon David Breitbart, Esq.
66 Hudson Street, New York, NY 10013
attorney for _T~r~a-c_y_..___W~o_n_g._________________
~--------------------------
by sending him a copy thereof by United Sta.tes mail,
Newark, N.J.

this ol. o-tl day of { ) ~ 191'3_
(
STATE OF NEW JERSEY )

COUNTY OF ESSEX } ss AFFIDAVIT OF SERVICE {MAILING)

and says:
October 19 83 I served a copy of the within
document upon FRANK GOULD, ESQ.
attorney for Dou~las Grant

Gould & Reimer, Esqs.
at 401 Broadway, Suite 1600, New York, NY 10013
personally derosited by me in the U.S. Post Office at

Newark, N.J.
~~ ~ame and Title

this cil.oit day of {J~ 19f'J.
Not~~Se1/tJ
/t7:__ f l
r-1y Commission expires
I
DISTRICT OF NEW JF5,Y LED
v. Criminal No. 83-1990CT 2-]: 1983

'l'RACY WONG, ET AL. 0 R D E R At ~.£..t!.. . . . . . . . .l
ALLYN Z. LITE
M,
application of W. Hunt Dumont, United States Attorney for the
District of New Jersey, by Philip R. Sellinger, Assistant
United States Attorney, for an Order pursuant to Rule 17(c) of
the Federal Rules of Criminal Procedure directing Kelmscott
'I'rading Company; Whether ill Mathieson Associates, Ltd. ; Middle
East Realty Construction Company; International Kal-Sahara
Corp.; and International Resources, Ltd.; (hereinafter "the
Companies"), to produce items called for by the attached
subpoenae on October 28, 1983; and it appearing that the
production of such items on October 28, 1983 will prevent the
delay and interruption of the trial in the above matter; and
for good and sufficient cause;
IT IS on this ,2./ day of October, 1983;
o RD ERE D that the Companies produce items called

for by the attached subpoenae to an agent of the Government on
October 28, 1983.
STERN
Judge, es District Court
AO 89 ( Rev. l 0/82) SUBPOENA
DISTRICT
NEW JERSEY
OOCKET NO.

·.
83-199
\ TYPE OF CASE
V. 0 CIVIL Cili CRIMINAL
SUBPOENA FOR
TRACY WONG, ET AL. I
0 PERSON ~ DOCUMENT(S) or OBJECT(Sl I
TO:
ANY AUTHORIZED REPRESENTATIVE OF
KELMSCOTT TRADING COMPANY
YOU ARE HEREBY COMMANDED to appear in the United States C?istrict Court at the place,
date, and time specified below to testify in the above-entitled case:
PLC.CE COURTROOM

DATE ANO TIME
October 28, 1983
9:30 A.M.
1
YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s):< >
SEE ATTACHED SCHEDULE 1
□ See additional information on reverse
officer acting on behalf of the court.
U.S. MAGISTRATE(2J 0~ CLERK OF COURT DATE
rI ?II~~
- m~ ~ ~-&'7'~ ~ h t~ :.l
·: .;:! _;
r~~
,J ....... J
.: ., .\:--, • ' J ; • ·--~~
10/18/83
AT.TORNEY'S. NAME·ANO ADDRESS
--
PHILIP R. SELLINGER
This subpoena is issued upon application of the: ASSISTANT. U.S. ATTORNEY ··
970 BROAD STREET ( 201)
0 Plaintiff D Defendant l:bU.S. Attorney NEWARK, NEW JERSEY 07102 645-2395
(l) If not aocllca01 ... enter "nono." .
(;~) A SU~l)OUOd ~t'l-aU 1_;,..J i'Ssu..,..;j O'! -1 rn<1gisa:ito i<1 <l ::,roc':1/!clinq betr:,r~ nirn, DU't n•1"-~t1·J ,-.nr nn 11.:i<J..~~r tn.: :.'•,11 0( ~-,;,q·ccurt. ~~u!,J l 7(a), ;=~deral .~ul,!S Dt
,:.;!ml r,;iil ;'.'"':-t:~~L!:"'"!~)
SCHEDUL.c. 1
bring with you all uocuments whicn directly or it1direccly
relate 1n_any way, whether in an individual, joint, corporate
or other capacity, to Kelmscott Properti~s, Ltd.; Tracy ~ong;
i:ZeLuscot.c Tracing Com2any; 'iiihetnerill t,1atllieson A.ssoci3tes,
Lta.; Miuale East Realty Construction Company; ;nternational
International Resources, Ltd.; Corniche Traaing Co., Ltd.;
riaraart Tracing Co., Ltd.; Spachin Trading Co., and
Kelmscott Communications Co., Ltd., incluaing·, but not li~icea
oooKs, phone records, IRS records ana Eeceipts, telex recoras,
uiaries, caienciars, ban~ r2cor..:1s, ana passports of employees
cnereof, tor tne perioa 1977 tnrouyh the 1~7~.

A0,89 (Rev. 10/82) SUBPOENA
I
DISTRICT.
~nit.en·. ~taus J§is±ri.c± Qlourl NEW JERSEY I
DOCKET NO.
UNITED STATES-OF AMERICA 83-199

TYPE OF CASE
V. 0 CIVIL ~ CRIMINAL
SUBPOENA FOR
TRACY WONG, ET AL. 0 PERSON 1K] D0CUMENT{S) or 0BJECT{Sl I
TO: ANY AUTHORIZED REPRESENTATIVE OF
WHETHER ILL MATHlESON ASSOCIATES, LTD.
YOU ARE HEREBY COMMANDED to appear in the United States District Court at the place,
date, and time specified below to testify in the above-entitled case.'
P~CE COURTROOM

.I
DATE ANO TIME
October 28, 1983

9:30. A.M. ii
1
YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s)/ >
I
'.
I
!
l

..
D See additional information on reverse
U.S. MAGISTRATE(2J OR CLERK OF C1tf TJ '1,_fr'~:Ji
# ..,...-a•.. 'l=-
1:. f,i:11
..
DATE
,r,~_-:-:"':::, ~ '.:'~ __
' iJ
~
_,; _; --··" ... -- :~
i
10/18/83
(BY) DEPUTY CLERK
/1 1·· ;' ~/J-i7-----
/ . . -·/·1~/1,_~-;:,( /LI(; ·c._____·.-. -:·:, . .
- ATTORNEY'S NAME AND ADDRESS
PHILIP R . SELLINGER.
This subpoena is issued upon application of the: .ASSISTANT U.S. ATTORNEY
970 BROAD STREET (201)
□ Plaintiff 0 Defendant ~ U.S. Attorney NEWARK, NEW JERSEY 07102 645-2395
C!) !1 !'!,:,t ""'!:'Ptfc.'.',::.1.r,, "!nt~r u~r,~."
(::} A ::t.:t:::c::?n~ .::1.::ll ::;:3 L:.:wc-ct ";Jy J r.i.::ig!~-:r.:t.:i ii1 ~ ;Jrcc.:-cd:ng ~alonJ :-:im, but no-2d ;int h.., UJ"H.1'Jr ~h',;1 ;~JI of f:li ·court. (~:..:!cJ : 7(:J), ;=,Jd(Jt.11 .~ules ct
-::·;-----'. .... ~: . . . __ >>:·:·..:.-:~)
------
:::.iCHEDiJL.i:, 1
bring with you all aocuraents whicn d1rect.l.y or indire:cc.:;__y
relate in any way, whether in an individual, joint, corporate
or·other capacity, to Kelmscott Properties, Ltd.; Tracy ~ong;

Kelmscotc Traaing Company; Whetnerill Matt1ieson Associates,
Lta.; Miuale East Realty Construction Company; international
International Resources, Ltd.; Corniche Trading Co., Lta.;
Haraart Traaing Co., Ltd.; Spachin Trading Co., Ltd.; and
Kelmscott Co2munications Co., Lta., incluaing, but noc limicea
ca, f1nanc1al transactions, purcnases, sales, cra7e~, a~~:233
oooKs, phone records, IRS records and receipts, telex recoras,
uiaries, cal.endars, bank recoras, ana passports of esp~~yees
tnereoi, tor tne perioa 1977 cnrouyh the :~79.

AO ,89 (Rev. 10/82) SUBPOENA
DISTRICT
NEW JERSEY
DOCKET NO. .
TYPE OF CASE
V. 0 CIVIL ~ CRIMINAL
SUBPOENA FOR
TRACY WONG, ET AL.
0 PERSON e:§ DOCUMENT(S) or OBJECT{S) I
TO:.
MIDDLE EAST REALTY CONSTRUCTION COMPANY
7
PLACE: COURTROOM

•. D ATE AN OT IME
,.
October 28, 1983
9:30 A.M.
11
YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s):< I

,.
U.S. MAGISTRATE(2) OR CLERK OF COURT DATE
·"1':\ ., Q ~})'!!\\!I ~ q 11~~

---·----
(SY) OC:PUTY CLERK
... - ·- --·
~
.
-~·-···-·- .. ·- - --·· ---4 10/18/83
l
,,,,
~
/ ,,~ ::':::::...- : : : ~
I ' ; ~c,./1'
.: .' /
-·- ·---
,
·;
.. , . ·_; ,.
-· , ATTORNEY'S.NAME.ANO AOORESS
PHILIP R. SELLINGER
This subpoena is issued.upon application of the: ASSISTANT u. s. ATTORNEY
970 BROAD STREET ( 201) ·
0 Plaintiff D Defendant CT U.S. Attorney NEWARI<c, NEW JERSEY 07102 645-2395
(l) : f not appllcaola, onter "none.,.
; :: -~ su.:~;:--:-.:.n::. -~~;.-:li ...:~ ::::u.·.:.'.j )'/ ·J rr::~:;:~:r:!!:] i,, J :Ji'()~·.;•:.:!!:;--:g .;-Jic:-:: ~,ir.1, ~t;t n,::>JC n,..,"(' ::-:., l!...."':C.:..~r -::~..:..:~.::!at -~0:,·c:::urt. {?:.u!:t !. 7{J), r~ccr~I .=tt..:l::JS 8!
C:lm1:-:.1i ?rr:-c:-:ctur::-!.)
bring with you all aocuments whicn directly or indireccly
relate in any way, whether in an inaividual, joint, corporate
or other capacity, to Kelmscott Properties, Ltd.; Tracy Wong;
Kelmscott Traaing Com2any; Whetnerill Matl1ieson Associates,
Lta.; ~iuale East Realty Construction Company; International
Kal-Sanar~ Corp.; Internationai Resources, Lt6.; Sy~011
International Resources, Ltd.; Corniche Trading Co., Lta.;
daraart Traoing Co., Ltd.; Spachin Trading Co., Ltd.; and
Kelmscott Communications Co., Lta., incluaing, but not li~itea
co, financial transactions, purchases, sales, travel, address
books, phone records, IRS records ana receipts, telex recoras,
uiaries, caiendars, bank recoras, ana passports of employees
thereof, tor tne perioa 1977 tnrough the 1~79.

AO 139 (Rev. 10/82) SUBPOENA
OISTRICT
~i±w ~±a±.es ~i.st:i;:id Qiourl NEW JERSEY I
I
DOCKET NO.
·.
UNITED .STATES OF AMERICA 83-199 \
TYPE OF CASE
V. 0 CIVIL 1:81 CRIMINAL
SUBPOENA FOR
TRACY WONG, ET AL. 0 PERSON 5) DOCUMENT(S) or OBJECT(S)
TO:
INTERNATIONAL KAL-SAHARA CORP.
PLACE COURTROOM

I
•. DATE ANO TIME
October 28, 1983
9:30 A.M.
1
YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s):< > I
I
I
!

..
U.S. MAGISTRATE(2J OR CLERK OF COURT
.fi- B ij. l,;7if.;;i

,\i4
iz,:;,
//... il
!'!
f"~~~
)j .
,J ''· ., -
I DATE
'. I
(BY) OEPUTY CLERK 10/18/83

/ · ~X ~
..,/' . ,./ J / // -----
f A , / ,;j _i'·- ~<_J/ ,/ \_i _,.,/
' / .'-...,....,.-- - - ·
ATTORNEY'S NAME ANO ADDRESS
PHILIP R. SELLINGER
-. ASSISTANT U.S. ATTORNEY
This subpoena is issued upon application of the:
0 Plaintiff D Defendant 0 U.S. Attorney NEWARK, NEW JERSEY 07102 645-2395
( 1 l If not aoollcaole, enter "none."
(2) P, !Utipoena snsill tn issu~ by a m~gistrate in a prcc::,-,,ding before him, but ne-,,o rint .,., unct~r tn.; ,~al of ih-,·c:curt. (,!'-''"' 17(a), F~ceral Rules of
':;-i;-;,l ;i ,t p .. ~C":~Ur"'!.)
~CHEDUL~ l
Bring witk1 you all aocurnents which directly or indirectly
relate 1n any way, whether in an individual, joint, corporate
or other capacity, to Kel~scott Properties, Lta.; Tracy Wong;
Kelmscott Trading Company; Whetnerill Mati1ieson Associates,
Lta.;- Miaale East Realty Construction Com~any; International
K3l-Sa11ara Corp.; Internacional Resources, Ltd.; Byron
International Resources, Ltd.; Corniche Tracing Co., Lta.;
Hardart Traaing Co., Ltd.; Spachin Trading Co., Ltd.; and
Kelmscott Communications Co., Lta., incluaing, but not limicea
co, financial transactions, puicnases, sales, travel, address
cooks, phone records, IRS records and receipts, telex recoras,
uiaries, calendars, bank records, and passports of employees
thereoi, tor tne p~rioa 1977 tnrouyh the 1~79.

(
AO 89 (Rev. 10/82) SUBPOENA
DISTRICT
NEW JERSEY
.DOCKET NO.

TYPE OF CASE
V. · 0 CIVIL ~ CRIMINAL
SUBPOENA FOR
TRACY WONG, ET AL. 0 PERSON ~ DOCUMENT(S) or OBJECT(S)
TO:
ANY AUTHORIZED REPR_ESENTATIVE OF
INTERNATIONAL RESOURCES, LTD.
date, arid time specified below ta testify in the above-entitled case:
PLACE COURTROOM

. . .. . .
DATE ANO TIME
October 28, 1983
9:30 A.M.
1
YOU ARE ALSO COMMANDED to bring with you the following document(s) or obj~ct(s):< >
I
!
·i
Ii
U.S. MAGISTRATE:(2) OR CLERK OF Cf?l~l':; '!".:'j~.• g 71 r.\ ~'7~ CATE
ALL i ~,j ~a LJ fl ~
I ----
10/18/83

PHILIP R. SELLINGER
This subpoena is issued upon application of the: ASSISTANT U.S. ATTORNEY
0 Plaintiff D Defendant 0 U.S. Attorney NEWARK, NEW JERSEY 07102 645-2395
(1) If not applic:iole, enter "none."
(2) A suoooQn.J -.il1:.H ~-0 is:;uoo Cy a m.1gJztrata J1, -1 oroc,NdJiiq iJetoro him, out ni,oCl n,... .. C(t undnr th.a ~!ai of tt'ltl ·court. {~u),J l 7(<11, F""?dar'-JI Huit3S at
Crlmln:,I P•CC'ic::!Urc.)
\
(
\\
\
\ -----
:ciCHEDUL£ 1
Bring with you all aocuments which directly or indirectly
relate in any way,·whether in an individual, joint, corporate
or other capacity, to Kel~scott Properties, Ltd.; Tracy Wong;
Kelmscott Trading Company; Whetnerill Matl1ieson Associates,
Lta.; Miaale East Realty Construction Company; Int~rnational
Kal-Sanara Corp.; International Resources, Ltd.; Byron
International Resources, Ltd.; Corniche Traaing Co., Lta.;
Hardart Traaing Co., Ltd.; Spachin Trading Co., Ltd.; and
Kelmscott Communications Co., Lta., incluaing, but not limi~ea
to, financial transactions, purchases, sales, travel, adciress
books, phone· ·records, IRS records and receipts, telex records,
aiaries, calendars, ~ank records, and passports of employees
thereof, for the period 1977 tnrough the 1~79.

No, _ _
~ifeh ~fat.es ~istrid Qfoud

vs.
TRACY WONG, ET AL.
0 R D E R
W. HUNT DUMONT

FPI-SS-11-22-71-BM-8553
Form No. USA-48-CR7

(Ed. 10-18-63)
'--._, I'"".
States of America vs. United States District Court foJ~
7 L , ----------- .,
1
______ I 1_t.b.e....D.iJ:i:tLi..Q. ,;__Nel'l__,Iru:~_y ____ ~ I
~L,... ____KEITH MATTES __ · ______ 1 DOCKET NO. --llllP

....- ....__c_·r_i_m_i_'n_a_l__8_3_-_1_9_9_____
In the presence of the attorney for the government MONTH DAY YE!,R
the defendant appeared in person on this date ------------------11111111-- December 20, 1983
;ouNSEl L__J WITHOUT COUNSEL However the court advised defendant of right to counsel and asked whether defendant desired to have
counsel appointed by the court and the defendant thereupon waived assistance of counsel
LX.J WITH COUNSEL I___ Alan Silber, _Esq=--------------------- ..----•-"·- ____J

(Name of Counsel)
~ L X . _ J GUILTY, and the court being satisfied that L__j NOLO CONTENDiERE, L---1 NOT GUILTY
__:_::J there is a factual basis for the plea,
L.,_J NOT GUILTY. Defendant is discharged

{
L__JGUILTY.
Defendant has been convicted as charged of the offense(s) of conspiring to distribute & possess
FINDING & controlled substances, on Count 1.
JUDGMENT
IT IS FURHTER ORDERED Count 4 of the indictment is hereby dismissed.
The court asked whether defendant had anything to say why judgment should not be pronounced. Because no sufficient cause to the cont1·ary
was shown, or appeared to the court, the court adjudged the defendant guilty as charged and convicted and ordered that: !he defendant is
hereby committerf, to the custody of the Mtorney General or his authorized representative for imprisonment for a period of Fl Ve ( 5)
SENTENCE years, on Count 1. The execution of sentence is hereby suspended and the
OR defendant is placed on probation for a period of Three (3) years, from
PROBATION this date.
ORDER
;PECIAL
,ONDiTIONS
OF At &31'.:i:-: ,t? ,f) I (,)
PROBATION ·'-' ... i .....~:.i/... " ... ,..........!L.M
ALLYN Z. UTE
ADDITIONAL In addition to the special conditions of probation irr.posed above, it is hereby ordered that the general conditions of probation set out on the
OF at any time during the probation period or within a maximum probation period of five years permitted by law, may issue a warrant and
·The court orders commitment to the custody of the Attorney General and recommEcnds, It is ordered that the Clerk deliver
:0MMITMENT a certified copy of this judgment
IGNED BY
.KJ U.S. District Judge
__J U.S Magistrate

► 12/21/83
TRACY WONG, ET AL. AFFIDAVITFILED
STATE OF NEW JERSEY: OCT 24 1983

:ss:
COUNTY OF ESSEX At S;;/IO.i?.?!..................l.l. M
ALLYN Z. LITE
depose and say:
1. I am an Assistant United States Attorney for the
District of New Jersey and have been so employed since 1981.
In this capacity, I have been assigned to prosecute the above
captioned action.
2. Defendant Wong has been charged in a 7 count
indictment charging him with conspiracy to import and
ctistribute, and the importation and distribution, of cocaine
and thai sticks in violation of 21 u.s.c. §841, 846, 848, 952
and 963. The government will prove at trial that Wong used
legitimate businesses to conceal his narcotics-related
activities. The investigation to date has revealed that Wong
has been a principal of, or been involved in, the following
companies: Kelmscott Trading Company; Whetherill Mathieson
Associates, Ltd.; Middle East Realty Construction Company;
International Kal-Sahara Corp.; and International Resources,
Ltd.
- 2 -
3. The Government intends to subpoena records of the
Companies pursuant to F.R.Cr.P. 17(c). The documents sought
are evidentary and relevant. They are not otherwise procurable
reasonably in advance of trial by the exercise of due

diligence; the Government cannot properly prepare for trial
without such proauction and inspection in advance of trial.
Production of such records on October 28, 1983, rather than on
the date of trial, will prevent tne interruption and delay of
trial. Further, the records are sought in good faith. See
United States v. Cuthbertson, 630 F.2d 139, 145 (3d Cir. 1980),
cert. denied, 449 U.S. 1126 (1981). Accordingly, the
Government respectfully requests that an Order be entered
directing the production of such records on October 28, 1983,
pursuant to F.R. Cr.P. 17(c).
p~fJrl?h
,,....,

before me this 21st day
of October 1983.
£1-0,
ROBERT M. GOODMAN
ATTORNEY OF NEW JERSEY
No, _ __
~itib ~fat.es ~htlrid C!Inurl

vs.
TRACY WONG, ET AL.
A F F I D A V I T
W. HUNT DUMONT

FPI-SS-11-22-71-SM--8553
.Form No. USA-48-CR7

(Ed. 10-18-63)
- ( 37

Criminal No. 83-199
HON. HERBERT J. STERN, U.S.D.J.
UNITED STATES OF AMERICA,
Plaintiff,
-v-
TRACY WONG, KEITH MATTES, ET AL.,
Defendants.
j
----------------------------------- '
MOTION FOR SUBSTITUTION OF COUNSEL
Defendant, KEITH MATTES, through his Attorney, DIANE
TOLBERT, ESQ., moves this Court to permit the law firm of
SILBER and RUBIN, P.C., to be substituted as counsel for him
in the above-captioned action.
Defendant will rely upon the Affidavits of ALAN
SILBER and DIANE TOLBERT.
By:~,~
01-\.NETOLBERrf"
Attorney for Defendant,
Keith Mattes
DATED: October 18, 1983. 1 77 -Prince Stre·et
(212) 677-1004
Criminal No. 83-199
Plaintiff,
-v-
TRACY WONG, KEITH MATTES,

ET AL.,
Defendants.
AFFIDAVIT OF ALAN SILBER
STATE OF NEW JERSEY

ss:
COUNTY OF ESSEX
ALAN SILBER, duly sworn, deposes and states:
1. I am a partner in the law firm of SILBER and RUBIN,
P.C.,and have been retained by KEITH MATTES to defend him in the
case of United States v. Mattes, in the United States District
Court for the District of New Jersey, Indictment No. 83-199.

2. I was retained by Mr. Mattes before he knew that
he had been indicted and had discussions with Assistant United
States Attorney, PHILIP SELLINGER,concerning this case in
August 1983, while the Indictment was under seal.
3. I could not be present at the arraignment on
September 30, 1983, and as a courtesy, DIANE TOLBERT, ESQ.,
appeared for Mr. Mattes. To prevent confusion, she filed an
appearance as Counsel of Record.
4. All negotiations with the United States Attorney's
office, pre-trial preparation, preparation of motions and other
aspects of preparing the defense has been done by SILBER and
RUBIN, P.C.
5. There will be no delay in the motion or trial
because of this Substitution of Counsel.
Sworn and Subscribed to before

me on this / g'f1a_ay of October, 19 8 3
An Attorney-at-Law of the State of New Jersey
- 2 -
CRIMINAL NO. 83-199
Plaintiff,
-v-
TRACY WONG, KEITH MATTES, ET AL.
Defendants.
AFFIDAVIT OF DIANE TOLBERT
STATE OF NEW JERSEY:

ss:
COUNTY OF ESSEX
DIANE TOLBERT, duly sworn, deposes and states:
1. That I am an attorney, licensed in the States of
New York and Florida and admitted pro hac vice by this Court
for the purposes of representing KEITH MATTES herein.
2. That on September 30, 1983, I appeared before this
Court, at the request of ALAN SILBER of SILBER AND RUBIN, P.C.,
for the arraignment of KEITH MATTES, because Mr. Silber's
presence was required in another Court.

3. That I fully reported the Court's rulings and
schedule herein to Mr. Silber on the evening of September 30,
1983.
4. That Mr. Silber has prepared all motions herein
and is available for trial.
5. That it is and has always been the desire of
Defendant, KEITH MATTES, to be represented by SILBER AND RUBIN,
P.C.
6. That the Assistant United States Attorney herein,
PHILIP SELLINGER, knew at the time of my appearance that I was
appearing on behalf of SILBER AND RUBIN, P.C.
j
r I , ___/--
~. f / A . ;_.-¥--.A- , . _ ·:'( --... l C"--Ul ~/5
DIANE TOLBERT
me on t h i s / ~ a y of October, 1983.
An Attorney-at-Law of the State of New Jersey
- 2 -
Criminal No. 83-199
UNITED STATES OF AMERCIA,
Plaintiff,
-v-
TRACY WONG, KEITH MATTES, ET AL.
Defendants.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY, that a true copy of the foregoing
Motion for Substitution of Counsel was mailed to Philip Sellinger,
Assistant United States Attorney, this J?i~ay of October,
1983.
DATED: October 18, 1983.

"'~ -... ,, . ,- ,.,
.'., ,~NITED.' ST·A;~~, DISTRICT COURT
;•. '-'-·. '. DISTRICT· OF NEW JERSEY
,
··.,I Criminal,
,. : .... , ._,
No.: 83-199
UNITED STATES OF AMERICA, ]

OCT ~ C1 '\983
Plaintiff, ]
At -.lt?.::.............£.M
,&;?,() ..; ...
-v- ] ALLYN Z. LITE
TERRY WONG , ]
OLAYINKA SDAYON FISCHER,
STEVEN KAUFMAN, ]
JEFFREY DEVORS ,
ORIGIN~
e/k/a "Frito", ]
0 'T~ 0 i~tjj
JAY SICRE,
STEIN LUNDEGAR ]
ALLYN Z. LITE. CLERK
GLENN ZIMMERMAN
e/k/a "Ira Simmons"
KEITH MATTES, ]
JERRY SCHWARTZ,
STANLEY ROGOW, AND ]
DOUGLAS GRANT
Defendants. ]
OMNIBUS MOTION OF KEITH MATTES
ALAN SILBER, ESQ.
SILBER AND RUBIN,

A Professional Corporation
l'l'l Prince Street
(212) 6'1'1-1004
Attorneys for Defendant

Keith Mattes
TABIB OF ~
Notice of Motion •......••..•••••••••.••.•..••••.•••.•.•••••••.••••.••. 1
Affirmation ••••••••••••.•••••••••••••••.•••.•.•••••••••••••••••••••••• 2
lntroduct ion ....•..•...•.•..•..•••.•.•........•...•...•••.•...•.•.•••• 5
Defendants Representation •...•••..•••..•.•.....••••.....•.•••••.....•• 6
Analysis of the Indictment ............................................ 7

Statutes Involved .......••.•....•••.....•..••.••.•••..•••.....••.••.• 10
Bills of Particular ..••••••••••••••.•••••.••••••••••••••••••••••••••• 12
Discovery ••..•..•.•.•....•.•••.••••.•••.•....••...•••....•....•••.••. 15
Motion to Dismiss
(Statute of Limitation} ••••••••••••••••••••••••••••••••••.•••••••• 20
Mot ion For Severance .•...•••.•..••..••.•••.....••••••..•••.•..•••.•.• 21
Multiple Conspiracies ..•••••••••••••••••••••••••••••••••••••.•••••••• 23
Motion to Compel Election on Count IV ................................ 24

Statement of Co-Defendants ••••••••••••••••..••••••••••••••••••••••••• 25
Venue •••••••• • •••••••••••••••••••••••.••••••••••••••••••••••••••••• 26
Pretrial Hearing as to the

Existence of the Conspiracy •••••••••••••••••••••••.••••••••••••••• 27
Evidence ... • •••••••••••••••••••••••••••••••••••••••••••••••••••••• 28
Disclosure of Intention to Use Evidence .............................. 30
Other Mot ions •••••.•.•••.•••••••.•••••••••••••••••••••••••••••••••••• 31

Criminal No.: 83-199
Hon. Herbert J. Stern, U.S.D.J.
UNITED STATES OF AMERICA, ]
Plaintiff, ]
-v- ]
TERRY WONG , ]
OLA YINKA SD AYON FISCHER,
STEVEN KAUFMAN, ]
JEFFREY DEVORS
a/k/a "Frito", ]
JAY SICRE,
STEIN LUNDEGAR ]
GLENN ZIMMERMAN
a/k/a "Ira Simmons"
KEITH MATTES, ]
JERRY SCHWARTZ,
DOUGLAS GRANT
Defendants. ]
NOTICE OF MOTION
-1-
SIRS:
PLEASE TAKE NOTICE that upon the Affirmation of ALAN SILBER
and upon all the proceedings heretofore had, the undersigned will move this
Court on behalf of Keith Mattes, at a date and time to be designated by the
Court for an Order granting the relief requested in Counsel's Affirmation and
for such other and further relief as is just and proper under all circumstances.
Oral argument is requested on all issues.
Dated: New York New York

October 18, 1983
Yours, etc.
' .' )/' } ;_:t....

ALA'-N "sILBER, ESQ.
SILBER AND RUBIN
177 Prince Street
(212) 677-10004
Attnorney for Defendant

Keith Mattes
-2-
Criminal No.: 83-199
Hon. Herbert J. Stern, U.S.D.J.
UNITED STA TES OF AMERICA, ]
Plaintiff, ]
-v- ]
TERRY WONG ]
OLAYINKA SDAYON ' FISCHER,
STEVEN KAUFMAN, ]
JEFFREY DEVORS
a/k/a "Frito", ]
JAY SICRE,
STEIN LUNDEGAR ]
GLENN ZIMMERMAN
a/k/a "Ira Simmons"
KEITH MATTES, ]
JERRY SCHWARTZ,
DOUGLAS GRANT
Defendants. ]
AFFIRMATION
-3-
ALAN SILBER, under penalties of perjury, states the following:
ALAN SILBER is an attorney duly licensed to practice law in the
States of New York, New Jersey and California and is a member of the law
firm at SILBER AND RUBIN, A Professional Corporation, with offices at 177
Prince Street, New York, New York 10012 and Gateway I, Newark, New Jersey
07102.
ALAN SILBER represents Keith Mattes and is familiar with the
facts and circumstances surrounding this case, as well as legal issues presented
by the Indictment.
This Affirmation is supplied in support of an Omnibus Motion made
pursuant to the Federal Rules of Criminal Procedure. The different subjects
and topics discussed in this application are conveniently divided under
appropriate subheadings, which contain requests for Orders granting various
forms of relief.
-4-
INTRODUCTION
Indictment No. 83-199 was filed July 8, 1983, and sealed. It has
been represented that this is a superceding indictment. In September, the
indictment was unsealed, and defendant Keith Mattes was arraigned on
September 30, 1983 before the Honorable Herbert J. Stern. An order was
entered requiring all motions to be filed by October 20, 1983. This Omnibus
Motion is filed on behalf of Keith Mattes in accordance with that order.
-5-
DEFENDANTS REPRESENTATION
Although eleven defendants were indicted, only five defendants are,
as yet, subject to the jurisdiction of the court. For the convenience of the
court, there is listed below each of the defendants together with the attorney
or attorneys who represent them.
Tracy Wong David Breitbart, Esq.

60 Hudson Street
(212)431-7040
Keith Mattes Alan Silber, Esq.

Silber & Rubin
177 Prince Street
(212)677-1004
Jerry Schwartz Peter Zeiler, Esq.

(pleaded guilty) 401 Broadway
Suite 1100
(212-326-4462
Stanley Rogow Richard Flam, Esq.

Tierney and Flam
11726
Los Angeles, Ca. 90049
(213)207-0800
Douglas Grant Norman Reimer

Gould & Reimer
401 Broadway
(212)966-6845
-6-
ANALYSIS OF THE INDICTMENT
The indictment purports to describe a conspiracy to import and
possess with intent to distribute both marijuana and cocaine. The first named
defendant, Tracy Wong, is charged in the conspiracy, engaging in a continuing
criminal enterprise (count 2), and in each substanitive crime which charges
distribution and possession with the intent to distribute and importation of
either cocaine or marijuana. (Counts 3 through 7) The remaining defend ants
currently scheduled to stand trial - Keith Mattes, Stanley Rogow, and Douglas
Grant - are each charged in the first count, the conspiracy count. Additionally
Keith Mattes and Stanley Rogow are charged in Count 4 _Possession of cocaine
with intent to distribute and distribution.
Paragraph 6 of the first count lists nine instances in which either
cocaine or thai sticks are alleged to have been "purchased, imported, and
attempted to be imported... ". The third instance listed in paragraph 6 count
alleges that fifteen pounds of cocaine was "purchased, imported and attempted
to be imported" from Bogata Colombia in July of 1978. Count 4 of the
indictment alleges that "in or around the middle of July 1978" Tracy Wong,
Keith Mattes, and Stanley Rogow, as well as four others, possessed with intent
to distribute and willfully distributed a quantity of cocaine. The substanitive
charge in count 4 appears to match the third instance of alleged importations
charged in the 6th paragraph of the first count.
The remaining defendants have not yet been brought under the
jurisdiction of this Court, and are not scheduled to be tried on December 5,
1983. An outline of the indictment as it applies to Keith Mattes is set forth
below. He is charged in only two of the seven counts.
-7-
First Count
Eleven defendants (including four who are currently scheduled to
face trial on December 5) are alleged to have conspired from "in or about
June 1977 to at least in or about September 1979 to "Knowingly and intentionally
to distribute and to possess with intent to distribute controlled substances" in
violation of 21 United States Code Section 841 (a) (1). More specific allegations
(paragraphs 3 and 4) of the conspiracy count are that it was part of the
conspiracy that the defendants would "knowingly and intentionally import,
distribute,and possess with intent to distribute" cocaine and marijuana. Nine
separate instances of importation, possession with intent to distribute, and
distribution are alleged as part of the conspiracy (five marijuana instances
and four cocaine instances). The conspiracy is alleged to violate 21 U.S.C.
§846.
Second Count
The second count alleges Tracy Wong (the only defendant named in
this count) violated 21 U.S.C. §848 by engaging in a Continuing Criminal
Enterprise by having committed multiple felony violations of 21 U.S.C. §841
(a)(l), §846, §952 (a), §960, and §963. Tracy Wong is alleged to occupy a
position of organizer supervisor and manager while acting in concert with at
least five other persons.
Third Count
The Third Count alleges that "in or around the middle of July 1978"
Tracy Wong (and four others who are not yet subject to jurisdiction of this
court) "did knowingly and willfully import" cocaine into the United States in
violation of 21 U.S.C. §952(a) and §960. Keith Mattes is not named as defendant
in this count, although it appears that the importation is addressed to the third
instance specified in the sixth paragraph of the first count.
-8-
Fourth Count
The fourth count alleges that 11

in or around the middle of July, 1978,
11
Tracy Wong, Keith Mattes, Stanley Rogow (and four others who have not yet
been subject to the jurisdiction of this court and one defendant who has pleaded
guilty) did 11
knowingly and willfully distribute and possess with intent to
distribute11 cocaine in violation of 21 U.S.C. 841(a)(l).
Fifth Count
The fifth count alleges that 11

in or about the summer of 1978 until
February 197911 Tracy Wong (and five others who have not yet been subject to
the jurisdiction of this court) did 11

knowingly and willfully import" marijuana
in violation of 21 U.S.C. §952(a) and §960. Keith Mattes is not charged in
this count.
Sixth Count
The sixth count alleges that "in or about the summer of 1978 until
February 197911 Tracy Wong (and five others who have not yet been subject to
the jurisdiction of this court) 11 did knowingly and willfully distribute and possess
with intent to distribute11 marijuana in violation of 21 U.S.C. §841 (a)(l). Keith
Mattes is not charged in this Count.
Seventh Count
It is alleged that 11 from in or about the summer of 1978 until February
22, 197911 that Tracy Wong (and five others who have not yet been subject to
the jurisdiction of this court) "did knowingly and willfully attempt to import11
marijuana in violation 21 U.S.C. §952 (a) and §960. Keith Mattes is not charged
in this count.
Thus, it appears that Keith Mattes is charged with being a member
of the conspiracy, and with possessing some portion of the cocaine which is
the 3rd instance in paragraph 6 of the conspiracy count.
-9-
STATUTES INVOLVED
The following constitute relevant portions of the statutes cited in
the Superseding Indictment.
Title 21, §952 - "Importation of controlled substances"
"(a) It shall be unlawful to import into the customs territory of

the United States from any place outside thereof (but within the
United States), or to import into the United States from any place
outside thereof, any controlled substance in Schedule I or II of
subchapter I of this chapter, or any narcotic drug in schedule III, IV
or V of subchapter I of this chapter, except that -
***
(2) such amounts of any controlled substance in schedule I or
II or any narcotic drug in schedule III, IV or V that the Attorney
General finds to be necessary to provide for the medical,
scientific, or other legitimate needs of the United States -
Title 21, §841 - "Prohibited acts A"
"(a) Except as authorized by this subchapter, it shall be unlawful

for any person knowingly or intentionally -
"(1) to manufacture, distribute, or dispense, or possess with

intent to manufacture, distribute, or dispense, a controlled
substance.
(b) (1) In the case of a controlled substance in schedule I or II

which is not a narcotic drug or in the case of any controlled
substance in schedule III, such persons shall, except as provided
in paragraphs (4), (5), and (6) of this subsection, be sentenced
to a term of imprisonment of not more than 5 years, a fine
of not more than $15,000, or both. If any person commits such
a violation after one or more prior convictions of him for an
offense punishable under this paragraph or for a felony under
any other provision of this subchapter or subchapter II of this
chapter or other law of the United States relating to narcotic
drugs, marijuana, or depressant or stimulant substances, have
become final, such person shall be sentenced to a term of
imprisonment of not more than 10 years, a fine of not more
than $30,000 or both. Any sentence imposing a term of
imprisonment under this paragraph shall, in the absence of such
a prior conviction, impose a special parole term of at least 2
years in addition to such term of imprisonment and shall, if
there was such a prior conviction, impose a special parole
term of at least 4 years in addition to such term of
imprisonment.
-10-
Title 21, §846 - "Attempt and conspiracy"
"Any person who attempts or conspires to commit any offense defined

in this subchapter is punishable by imprisonment or fine or both which may
not exceed the maximum punishment prescribed for the offense, the commission
of which was the object of the attempt or conspiracy."
Title 21, §963 - "Attempt and conspiracy"
"Any person who attempts or conspires to commit any offense defined

in this subchapter is punishable by imprisonment or fine or both which may
not exceed the maximum punishment prescribed for the offense, the commission
of which was the object of the attempt or conspiracy."
-11-
BILLS OF PARTICULARS
The defendant, Keith Mattes, moves, pursuant to Rule 7(f) of the
Federal Rules of Criminal Procedure, for an Order directing the United States
of America to file a Bill of Particulars as to the following matters embraced
within the indictment:
1. The names of all co-conspirators, presently known to the Government

and their addressed at the time of their alleged participation in the
alleged conspiracy set out in Count I of the indictment;
2. Any overt acts as to Count I of the indictment, where the Government

intends to offer evidence that Keith Mattes did some act to further
the conspiracy, or where the Government contends he knew some
act was being done to further the conspiracy charged.
3. The precise time of day, place and city where the overt acts of
the conspiracy are alleged to have been performed by Keith Mattes.
4. The particular acts of the conspiracy which this defendant is alleged

to have personally performed, aided and abetted, or acquiessed in.
5. When, where and in what manner, this defendant is alleged to have

become a member of the conspiracy charged in Count I of the
indictment.
6. State what quantity of cocaine Keith Mattes is alleged to have

possed in Count IV. State whether the government contends Keith
Mattes possessed the cocaine charged in Count IV jointly with others.
7. State whether the government contends Keith Mattes possessed the

cocaine charged in Count IV constructively or actually?
8. If the government contends Keith Mattes constructively or jointly

possessed cocaine (Count IV), state with whom,Mattes jointly
possessed the contraband; and/or set forth the facts from which the
government will urge constructive possession.
9. If the government contends Keith Mattes actually possessed cocaine

(Count IV), state the name of the individuals from whom this
defendant allegedly received the controlled substances which is the
basis for the offenses alleged in Count IV of the indictment. State
where and when this ocurred.
10. With respect to Count IV, state to whom Keith Mattes is alleged
to have "knowingly and willfully distributed cocaine. State where
and when this distribution or distributions are alleged to have
ocurred.
-12-
11. With respect to the allegations contained in Count I of the
indictment, state what was the period of said alleged conspiracy
and when did the conspiracy end.
12. Set forth the time and place of each and every meeting, Keith
Mattes is alleged to have attended, when there was discussion or
conversation relevant to the charges in the indictment and that the
Government intends to present evidence of at trial.
13. Set forth the names and addresses of any and all co-conspirators
who have become known to the Government since the indictment
was returned; addtionally, if the identity of such persons is still
unknown, but should thereafter become known to the Government,
the Government will then promptly furnish such information to the
defendants.
14. State specifically, who Keith Mattes, is alleged to have conspired

with directly, including the time of such alleged meeting, and the
nature of the alleged discussion or activity.
15. State whether the Government will offer proof that Keith Mattes
did any thing to facillitate, further or participate in the possession
or importation of:
a) 1700 pounds of thai stick from Bangkok, Thailand in

November of 1977.
b) 2 pounds of cocaine from Bogata, Colombia in June 1978.
c) 15 pounds of cocaine from Bogata, Colombia in July 1978.
d) 27 pounds of cocaine from Bogata, Colombia in August

1978.
e) 70 pounds of thai stick from Bangkok, Thailand in

February 1979.
f) 3700 pounds of thai stick from Bangkok, Thailand in

February 1979.
g) 70 pounds of thai stick from Bangkok, Thailand in March

1979.
h) 24 pounds of cocaine from Cartegena and Bogata Colombia

in May 1979.
i) 80 pounds of thai stick from Bangkok, Thailand in July

1979.
The matters and particulars requested are essential to enable the
defendant to adequately be apprised of the nature and scope of the accusations
against him, as guaranteed by the Sixth Amendment to the Constitution, and
-13-
to have an opportunity to adequately prepare his defenses, to avoid prejudicial
surprise at trial, to clarify the issues and to avoid confusion and delay at
trial, and to enable the defendant to be protected against a second prosecution
for the same offense as guaranteed by the Fifth Amendment to the Constitution.
See Wright, Federal Practice and Procedure: Criminal 2d §129.
The defendant further respectfully moves that this Court direct that
where the Government shall state in its Bill of Particulars that its knowledge
or information is incomplete, the Government shall set forth in its Bill of
Particulars whatever knowledge and information it may have, and shall furnish
further particulars upon obtaining further knowledge or information prior to trial.
-14-
DISCOVERY
Pursuant to F.R. Cr. 16, defendant requests:
(a) the substance of any oral statement of Keith Mattes, if any, which
the government intends to offer at trial.
Pursuant to the Due Process Clause of the Fifth Amendment to the U.S.
Constitution:
(b) Any evidence favorable to the accused which is material either to
guilt or to punishment, and which is within the possession or control of
the attorney for the government, including but not limited to the following
impeaching evidence:
(1) Any and all reports and information revealing a bad character
trait of any intended government witness or informant including but
not limited to his or her arrest or conviction record, whether federal

'
state or local, whether adult or juvenile, and the nature of the
offense;
(2) Any and all consideration or promises of consideration given
to or on behalf of any intended government witness or informant
or expected or hoped for by the witness or informant. By
"consideration" defendant refers to absolutely anything, whether
bargained for or not, which arguably could be of value or use to a
witness or to persons of concern to the witness, including but not
limited to formal or informal direct or indirect: leniency, favorable
treatment or recommendations or other assistance with respect to
any pending or potential criminal, parole, probation, pardon,
clemency, civil, tax court, court of claims, administrative or other
dispute with the government or with any other authority or with
-15-
any other parties, criminal, civil or tax immunity grants; relief from
forfeiture; payments of money, rewards or fees, witness fees and
special witness fees, provision of food, clothing, shelter,
transportation, legal services or other beneifts; placement in a
"witness protection program," informer status of the witness; and
anything else which arguably could reveal an interest, motive or

bias in the witness or informant in favor of the government or
against the defense or act as an inducement to testify or to color
testimony or to act or have acted in cooperation with law

enforcement in this case;
(3) Any and all threats of prosecution on other "inducements,"
express or implied, direct or indirect, or other coercion made or
directed against any intended government witness, or informant,
criminal prosecutions, investigations, or potential prosecutions

pending or which could be brought againsat the witness or informant,
any probationary, parole, deferred rosecution or custodial status of
the witness, and any civil, tax court, court of claims, administrative,
or other pending or potential legal disputes or transactions with the
government or over which the government has real, apparent or
perceived influence;
(4) The existence and identification of each occasion on which
any intended government witness or informant has testified before
any court, grand jury, or other tribunal or body in relation to the
defendant, the investiagion, or the facts of this case. In addition,
the recorded testimony of all such individuals who appeared before
any such court, grand jury or other tribunial or body and if not
recorded, the substances of said testimony, where the testimony
-16-
reflects statements materially inconsistent with statements of other
government witnesses or tends to show that the witness or other
government witnesses concealed or distorted the truth.
(5) Any and all other records and/or information which arguably
could be helpful or useful to the defense in impeaching or otherwise
detracting from the probative force of the government's evidence
or which arguably could lead to such records or information,
including, but not limited to any and all scientific, hospital, medical,
psychiatric, psychological, social work, mental health, drug and/or
alcohol, pre-sentence investigation or other reports which might tend
to reflect on the credibility or competence of any of the prospective
witnesses for the government;
(6) Any applications for Orders of Immunity and Orders of Imunity
for any intended government witness and any informal grants or

promises of immunity to said witness.
(7) Any written statements of government informer Steve Malone
or the substance of any oral statements of Steve Malone which
(a) indicate directly or indrectly that Keith Mattes may not
be guilty of either charge; or
{b) are inconsistent with any material allegations of other
government witness concerning Keith Mattes; or
(c) tend to indicate that Malone and Mattes were not friends
or associates or business associates during any period of time
covered by the indictment; or
(d) tend to disclose that Mattes had no contact with Gasto
(Steller) Ferneborg or Steve Kaufman during any part of the
time covered by the indictment; or
-17-
(e) tended to indicate either directly or indirectly that Keith
Mattes had no knowledge of any scheme to import or of any
upper echelon distribution scheme; or
(8) The same records and information requested in items (1) through
(6) above with respect to each non-witness declarant whose
statements are offered in evidence;
It is well-settled that impeachment evidence may come within the
rule of Brady v. Maryland 373 U.S. 83 (1963) and United States v. Agurs 427
U.S. 97 (1976) if the reliability of the witness may be determinative of the
defendant's guilt or innocence. Giglio v. United States 405 U.S. 150 (1972).
If disclosure of the material is constitutionally mandated, but not
required by Rule 16, the timing of disclosure may be at issue. There is
precedent which gives the court authority to either require early turnover, or
withhold such turnover until trial. This motion for early turnover of impeaching
material is addressed to the sound descretion of the trial court.
It is understood that Joseph Marguarite, Gusto (Steller) (Swede)
Ferneborg, Fred Shapiro and Steven Malone are among the informers to be
called as government witnesses. Thus, at least for them, no secrecy
considerations weigh in favor of a delayed disclosure.
Certainly it is not alleged that Keith Mattes is dangerous or
constitues a threat to any government witness. Only an attempt to gain a
tactical advantage can motivate governmental oppsition to early turnover.
Sound public policy supports the defense request. See Wright, Federal Practice
and Procedures Criminal 2d §254. The policy supporting early turnover is
especially strong for Keith Mattes in this case where it appears all (100%) of
the government evidence against him will be the testimony of informers. There
appears to be no documentary corroboration, no real evidence, and neither
-18-
arrest nor contraband. Moreover, the case is five years old. This indictment
was returned July 8, 1983, and the substantive charge against Keith Mattes is
alleged to have ocurred in July of 1978. This citizen must defend against the
belated allegations of admitted criminals, who obviously would advance their
own interest at his expense. In this setting, early turnover of impeaching
material is critical.
The impeaching evidence requested is for investigative as well as
impeaching purposes. Thorough investigation takes time. As one court noted:
It should be obvious to anyone involved with
criminal trials that exculpatory information
may come too late if it is only given at trial,
and that effective implementation of Brady v.
Maryland must therefore require earlier
production in at least some situations.
United States v. Deutsch 373 F. Supp 289,290
(S.D.N.Y. 1974)
-19-
MOTION TO DISMISS (STATUTE OF LIMITATION)
Defendant moves to dismiss Count IV on the grounds that the charge
is barred by 18 U.S.C. §3282. This indictment was returned on July 8, 1983.
Count IV alleges that "in or around the middle of July 1978" eight persons
including Tracy Wong, Keith Mattes, and Stanley Rogow did "knowingly and
willfully distribute and possess with intent to distribute" a quantity of cocainee.
Defendant respectfully requests permission to supplement its factual
contention after the Government has responded to the Bill of Particulars.
This will enable the Court to know more precisely what acts are alleged to
have been committed by Keith Mattes, and precisely when these acts are
alleged to have been committed. Thus, the vagueness of_the time alleged in
the indictment (in or around the middle of July 1978) together with the returned
date of the indictment (July 8, 1983) creates a need tor scrutiny. When one
adds the plethora of actions alleged in Count IV to the multitude of actors,
it becomes difficult to know from the face of the indictment whether or not
five years had elapsed between the time Keith Mattes is alleged to have acted
and the date the indictment was returned. This is an additional reason the Bill
of Particulars should be answered.
-20-
MOTION FOR SEVERANCE
Defendant Keith Mattes moves for severance of trial from the
defendant Tracy Wong on the grounds that he will be unduely prejudiced by
the quantum of evidence against Tracy Wong and other defendants. There is
a very real danger that, given a case where one defendant is charged in each
and every count (especially with a violation of 18 U.S.C. §848) that the quantum
of illegal activities proved by the Government will spill over and prejudice
Keith Mattes, even though the great majority of the evidence produced by the
Government will have nothing to do with whether or not Keith Mattes is guilty
of the crimes charged against him.
Defendant recognizes that the great weight of authority is against
severance on these grounds. However, authority does exists for severing
defendants in the appropriate case. United States v. Mardian 546 F.2d 973
(D.C. Cir. 1976) United States v. Sanpol 636 F.2d 621, 642-651 (D.C. Cir. 1980)
United States v. Donaway 447 F.2d 940 (9th Cir. 1971) United States v. Branker
395 F. 2d 881 (2nd Cir 1980). This motion is addressed to the sound descretion
of the trial court.
Additional relief requested in this Omnibus motion is for a pretrial
hearing on the scope of the conspiracy. In addition to the other reasons stated
infra, a pretrial hearing will give the court a far better basis to decide this
motion, than simply be reading the indictment.
The Court's attention is also directed to United States v. Musto,
where Judge Sarokin, in an unpublished opinion, reversed the conviction of
John Bertoli (one of the eight defendants) on analogous grounds. That trial
-21-
took 22 weeks, and it is submitted that had a pretrial hearing been held there
- as is requested here - justice would have been better served by giving the
trial judge a basis for making a pretrial ruling rather than waiting for post-
trial. (or mid-trial).
-22-
MULTIPLE CONSPIRACIBS
The indictment charges a conspiracy that had as it purpose the
importation, possession with intent to distribute, and distribution of the
controlled dangerous substances, marijuana and cocaine. Keith Mattes is charged
in a substantive count only with respect to the possession and distribution of
the latter substance. Kotteakos v. United States 328 U.S. 750 (1946) and
United States v. Verelli 407 F.2d 735 (7th Cir. 1969) are landmark cases
describing the prejudice to a defendant where proofs are of separate
conspiracies, but the indictment alleges one overall conspiracy. Severace is
one proper remedy in such a circumstance. United States v. Butler 494 F.2d
1246 (10th Cir. 1974) At the pretrial stage, the government may be put to an
election of which conspiracy to preceed on, the common remedy for a duplicitous
count. United States v. Verelli supra. Indictment may also be dismissed.
Katteakos v. United States supra.
Defendant here moves for all those remedies. However, it is
submitted that a pretrial hearing on the existence and scope of the conspiracy
would greatly aid the Court in ruling on this motion.
-23-
MOTION TO COMPEL ELECTION ON COUNT IV
Count IV charges Keith Mattes with distribution and possession with
intent to distribute cocaine. Def end ant urges that the count is duplicitious
and that the Government should be required to elect which charge it will seek
to prove at trial against Keith Mattes. Counsel recognizes that the general
rule permits the government to charge in the language of this indictment
without the indictment being deemed duplicitous. Nevertheless, in the fact
pattern before this Court, the remedy of election is proper.
Eight defendants are charged in Count IV. Until the Govenment
answers the Bill of Particulars, it is not know whether Keith Mattes is alleged
to have distributed , or to have possessed the contraband with intent to
distribute. If the government can say in good faith that it has some evidence
of each charge, then it is conceded that this motion is without merit. But if, as
is suggested here, there will be no evidence of distribution by Keith Mattes,
then, the Government should be required to elect and prove just the theory
for which it has some quantum of proof. Defendant requests permission to
bolster its argument after the government has supplied answers to the Bill of
Particulars.
-24-
PRETRIAL HEARING AS TO THE
EXISTENCE OF THE CONSPIRACY
Keith Mattes moves for an Order requiring a hearing prior to trial
to determine whether there is "independent evidence" of the existence of the
conspiracy charged in Count I of the indictment, as well as whether Keith
Mattes was a member of the conspiracy charged (and not some other conspiracy).
The Court will then have a better ability to determine whether statements and
acts offered against Keith Mattes were made in the course of, and in furtherance
of such conspiracy.
Keith Mattes also contends that the conspiracy charged against him,
even if proven, is actually multiple conspiracies. That is, in part, evident
from the only substantive charge (Count IV) against Keith Mattes. See Kotteakos
v. United States, 328 U.S. 750 (1956).
Moveover, Mattes's motion for severance, on grounds of disportionate
evidence against others may be fleshed out, and more fairly evaluated.
It is critical that a James hearing be held to determine whether
these contentions are correct, and thus enable a fair and proper limitation of
hearsay statements of alleged co-conspirators to take place.
In support of this motion defendant relies upon United States v,

Continental Group, Inc. 603 F.2d 444, 456-457 (3d Cir. 1979); United States v.
James, 590 F. 2d 575 (5th Cir. 1979) (En Banc), cert. denied, 99 S.Ct. 2836
(1979); United States v. Petroziello, 458 F.2d 20 (1st Cir. 1977) United States
v. Gaeney, 417 F. 2d 1116 (2d Cir. 1965).
-27-
404 (B) EVIDENCE
Keith. Mattes moves this Court in limine for an order requiring the
government to pro ff er any evidence of "other crimes or misconduct" for a pre-
trial ruling, or if during trial, out of the presence of the jury prior to any
attempt to adduce such testimony in front of the jury.
REQUIREMENT OF HEARING
Rule 104 (c)
With respect to "other crimes" evidence offered against a Defendant,
Rule 104(c) of the Federal Rule of Evidences expressly mandates that "(H)earings
on other preliminary matters" (such as the admission of evidence of criminal
conduct other than that charged in the indictment) "shall be so conducted when
the interests of justice require or, when the accused is a witness, if he so
requests".
Rule 103 (c)
More importantly, Rule 103 (c) of the Federal Rules of Evidence
requires that "to the extent practicable" proceedings be conducted so as to
prevent inadmissible evidence from being suggested to the jury by any means,
such as making statements or offers of proof or asking questions in the hearing
of the jury."
By its own language, the "clear purpose" of this rule is "to prevent
inadmissible evidence from being suggested to the jury by any means", 1 Louisell,
Federal Evidence, §13, at p. 77 and "the prosecution should be required to make
a pro ff er of other crimes evidence outside the hearing of the jury. 2 Louisell,
Supra, §140 at p. 120.
-28-
This requirement of an "offer of proof'' of such inherently prejudicial
"other crimes11 evidence outside the hearing of the jury has the salutory effect
of shielding the jury from potentially inadmissible and prejudicial evidence,
provides the trial court with an opportunity to thoughtfully balance the probative
value against the prejudicial impact, and allows the trial court to make a
determination as to whether it might be more desirable to defer admitting such
evidence until the Government's rebuttal. United States v. Bailey 505 F. 2d
417, 420 (D.C. Cir. 1974). See also: United States v. Wolf 561 F. 2d 1376,
1382 (10th Cir. 1977).
(T)he trial judge should not have made even a preliminary

11
ruling on the admissibility of the other offenses evidence in

the government's case-in-chief without requiring a proffer of
that evidence out of the hearing of the jury. Such a proffer
serves theree purposes. First, as with opening statements, it
shields the jury from potentially inadmissible prejudicial
evidence. Secondly, it gives the trial judge a basis on which
to balance the probative value against the prejudicial effect
of the evidence. Finally, it allows the trial judge to probe as
to whether it might be more desirable to def er admitting the
evidence until the government's rebuttal." United States v.
Bailey, Supra, at p. 420.
-29-
DISCLOSURE OF INTENTION TO USE EVIDENCE
The defendant moves pursuant to Rule 12(d)(2) of the Federal Rules
of Criminal Procedure for an Order requiring the Government to give notice
to defendant of the Government's intention to use at trial of the within matter
any item of evidence. Pending such notice, defendant reserves his right to
make further suppression motions.
-30-
OTHER MOTIONS
The defendant rspectfully requests the right to make any additional
motions or supply additional authority which may be necessitated as a
consequence of either discover provided or because of additional information

supplied by the government or acquired by the defendant.
WHEREFORE, it is respectfully requested that this Court grant the
relief requested in the various branches of this motion, and accord the defendant
such other and further and additional relief as is just and proper under all of
the circumstances.
Dated: New York, New York

October 18, 1983
/
Alan Silber, Esq.

SILBER AND ROBIN
177 Prince Street
(212) 677-1004
Attorney for Defendant

Keith Mattes
-31-
- - - 1'
. ·- '·~ : . ;\
.UNITED·STATES?DISTRICT COURT
;~; \B:~s~~:(ci. J>Jt?NEW JERSEY
CRIMINAL NO. 83-199
Plaintiff,
-v-
ET AL.
Defendant.
CER'I'.IFICATE OF SERVICE
I HEREBY CERTIFY, that a true and correct copy of
the foregoing Omnibus Motion of Keith Mattes together with
Affirmation have been mailed upon the following:
1. David Breitbart, Esq.

60 Hudson Street
2. Peter Zeiler, Esq.

401 Broadway
Suite 1100
3. Richard Flam, Esq.
Tierney and Flam, Esqs.
11726
Los Angeles, California 90049
4. Norman Reimer, Esq.

Gould & Reimer, Esqs.
401 Broadway
ALAN SILBER -
CRIMINAL NO. 83-199
Plaintiff,
-v-
TRACY WONG, KEI'TH MATTES,
ET AL.
Defendants.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY, that a true and correct copy of the
foregoing Omnibus Motion of Keith Mattes together with
Affirmation have been served personally upon the Assistant
United States Attorney, Philip Sellinger, this day of
Oct<t>ber, 1983.
ALAN SILBER

TRACY WONG, ET AL. 0 R D E R
application of W. Hunt Dumont, United states Attorney
for the District of New Jersey, by Philip R. Sellinger,
Assistant United States Attorney, for an Order pursuant
to Rule 17(c) of the Federal Rules of Criminal Procedure
directing Kelmscott Properties, Ltd. to produce items
called for by the attached subpoena on October 7, 1983;
and it appearing that the production of such items on
October 7, 1983, will prevent the delay and interruption
of the trial in the above matter; and for good and sufficient
cause;
(r-r::___,()~
IT IS on this day of ,..-September, 1983;
ORDERED that Kelmscott Properties, Ltd.
produce items called for by the attached subpoena to an
agent of the Government on October 7, 1983.
HONORABL H ERT J. STERN

Judge, . S. J./Distrf~ fot,:tE D
8t~. e.~.tY......
OCT_ b 1983
ALL!YN Z. LITE
,.M
No.
,uii£.o ~hti£.s ~istrid illuud

vs.
TRACY WONG, ET AL.
0 R D E R
W. HUN'r DUMONT

FPl•IIAR-4•28-78
l•'onn No. USA-~8-Clt7

(Ed. 10-18-63)
/
\
SUBPOENA
OtSTRICT
NEW JERSEY
COCKET_NO.
UNITED STATES OF AMERICA 83-1.99
TYPE.OF CASE
v. 0 CIVIL· Ga CRIMINAL
SUBPOENA FOR
TRACY WONG, ET AL. 0 PERSON IXl DOCUMENT(S) or OBJECT(Sl
To:·ANY AUTHORIZED.REPRESENTATIVE. OF KELMSCOTT PROPERTIES, LTD.
date~ and time specified below to testify in.the above-entitled case:
P~CE COURTROOM

Newark, New Jersey 07l•QJ,.
I
•. CATE ANO TIME
. October 7, 1983
.
11
YOU ARE ALSO.COMMANDED tobringwithyou the following documelit(s) or object(s):'
All documents which directly or indirectly relate in any way, whether

in an individual, ·joint, co:rr.porate-or other capacity, to Kelmscott:
_Properties, Ltd., Kelmscott Trading, Ltd., and Tracy Wong, including,
but not limited to,. f in:ancial transactions,· purchases, sales, travefl,
address books, . phone records,. IRS: r~cords and receipts, telex .records,
diaries, ca;tendar.s,. bank records, and· passports of employees thereof,
for the period li77 through 1979.
□ SH additional information on reverse·
This subpoena shaU remain in,effect untiLyou are,granted leave to depart·by the court or by an
officer acting on .beh_a1t· of the court:.
CATE

PHILIP R. SELLINGER
This.subpoena is issued up~n application of the:· ASSISTANT U.S. ATTORNEY
970 BROAD STREET
0 Plaintiff 0 Defendant ra U.S. Attorney NEWARK, NEW JERSEY 07102 (201) 645-2
(l l If not appllal>te, enter· "none."
(2) A subpoen<1 sn<111 be luue<1 by a magistrate In a proceeding before him, l>ut need nnt be undllr. th.; seal of fhe ·court. (f1u!e l 7(a), Federal Rules of
Criminal ~ocecsure.)
TRACY WONG, ET AL. A F F I D A V I T

'
:ss:
COUNTY~ ESSEX
depose and say:
1. I am an Assistant United States Attorney
and have been so employed since 1981. In this capacity,
I have supervised the investigation and pretrial preparation
of United States v. Tracy Wong, et al., Criminal No. 83-199
(D.N.J.).
2. The above investigation has revealed that
TRACY WONG is a principal of Kelmscott Properties, Ltd.
("Kelmscott''), a New York corporation, and that WONG concealed
narcotics profits in Kelrnscott.
3. The Government intends to subpoena records
of Kelmscott pursuant to F.R.Cr.P. 17(c). Production
of such records on October 7, 1983, rather than on the
date of trial, will prevent the interruption and delay
OCT O 1983
l\t .. ~ 7,.!
II;... ~td. . . . . .
>¥,Ov ..... I,(
M.
M •
- ALLYN Z. LITE
- 2 -
of trial. Accordingly, the Government respectfully requests
that an Order be entered directing the production of such

records on October 7, 1983, pursuant to F.R.Cr.P. 17(c).
Sworn and Subscrib~q, to

before me this o?;-a.., day
of September 1983.
t~\~
NOTARY PUBLI 'OF NEW JERSEY
MY COMMISSION EXPIRES d-;
No.
,nit.eo ~htt.e.s ~istrid (!foud

vs.
TRACY WONG, ET AL.
A F F I D A V I T
___ W. _HUN'1 _DUMONT ____ .____________ _

1

FPI-IIAR-4-ZB-78
1-'orin No. USA-~8-Cll7

(Ed. 10-18-63)
UNITED· STATES OF AMERICA .- No. ( ' , <(3- \ 7 9

vs. ORDER OF RELEASE
.
of ORDERED:
That bail be fixed at $ 50.ooO, Qc) and the defendant.be

1
released upon:
a. Executing an unsecu~ed appearance bond.

b. Executing an appearance bond and depositing in cash in
the registry gf the Court % of the bail fixed.
Cs) Executing anf•%.ppearance bond with approved sureties, er-
t:-he--El-e-p-G-S-i-t-G-t.-G-a-&a--in-t-1:i.-e-f-tl-l-1----a-me-u-n-~.f--~w-H--:i:-n-
--¼:. :\::£-~ \::e·o"'-, -$ /5--:.Doo.ou ce.c.~,.f.icC1-\-T:,~:_+~~os,-f- lr'I '\h-<' (\qr"l\~-;-
()~.\-en (,._~,-rt- ;0,f"> a.eLf ---:\v ~ ~oMe.J-,.oac, < a :}_D7""'~oltf:,·ver.(\J-:3"
. J ,.. J
It is further ORDERED that, in addition to the above, the
following conditions are imposed:
. 1. That the defendant not attempt to influence,
intimidate, or injure any juror or judicial officer;
not tamper with any witness, victim, or inJo_i;mari.:t,; anci_
not retaliate against any witness, victim, -0r informant
in this case.
2. That the defendant be releas~d in the custody of
for supervision during
. ---e----~~-~--=---------
the period of release.
3. That the defendant be restricted in
4. Additional conditions:
OCT b 1983
A t ~ ..
cu
:1........................ 11
£ ..M
ALLYN Z. LITS
It is further ORDERED that the defendant be furnished with
a copy of this order and a notice of the penalties pplicable to
violation of conditions of release.
I hereby certify that the defendant was fu nii ed (personally) a copy

of this order and a notice of penalties applicable to violation of
conditions of release.
DISTRICT OF "NEW JERSEY
UNITED· STATES OF AMERICA : No. cc 1?3-1c;~

f( (: I- v-1\._ IJ]IJ ,,ES .

It is on this 3◊ '(--kday of Sep~,b~ , 19~3 ! ORDERED:
That bail be fixed at $ 50( 000 , oo and the defendant ·be

released upon:
a. Executing an unsecured appearance bond.

b . . Executing an appearance bond and depositing in cash in
·the registry of the Court % of the bail fixed.
@ Executing an appearance bond with approved sureties, -e:F-
-id-J.-e-a-e-p-e--s-i-t-e,-f-c a s l 1 i'11t11 e----:eu-l-l-ame-\:l-&t.--0-f-the-ba-i l i n
- - 1 - - : i - ~ . \y-e,1>'.'.:) '-\-~C\S¼""'j f'l(:)'t-es r o '\-h~ C.. 1-;n m1 11 i- of 2:x,;L

· 1. That the defendant not attempt to influence,

not tamper with any witness, victim, or in_f o_J;_mari._!:_; an_d_
not retaliate against any witness, victim, ·or informant
in this case.
2. That the defendant be released in the custody of
__
t_h_e_p_e_r_i-·o-d--o~f_r_e_l_e_a_s_e_______
for supervision duri~
f.':" 1 1 - EU
3. That the defendant be restricted in tra£elltd-
4. Additional conditions: OCT u 1983

At a£...f. :. ttt/......./4M
. . ALLYN z. LITE
It is further ORDERED that the be furnished with

a copy of this order and a notice of the applicable to
violation of conditions of release •
.
'
u. T JUDGE/MAGISTRATE
I hereby certify that the defendant w s furnished (personally) a copy

' !!/L~CLERK
c.rz.. -fs"3.- '" ~
- V - ASSIGNMENT
TRACY WONG, DOUGLAS GRANT,

et al.
I, Helen F. Grant, residing at 117 Holly Street, in
the City of Toms River, Ocean County, State of New Jersey, do
hereby assign to the Clerk of the United States District Court
for the District of New Jersey, all my right, title and
interest in Ocean Federal Savings & Loan Associate Certificate
of Deposit No. 610,884, issued on 9/21/78 in the amount of
$15,000, with the exception that interest payments shall remain

payable to me, to secure the release of Douglas Grant, pursuant
to the Order of Release in the above-captioned matter, until
the Court shall order the requirements of the bail conditions
removed.
me this 30th day of September, 1983
FI LED
OCT ... 4 1983
ELVIRA SISTO
NOTARY PUBLIC OF NEW JERSEY !...:M
8t 8:30.................................
My Commission Expires Dec. 6, 1986 ALLYN Z. LITE

- V - SUBORDINATION OF INTEREST
TRACY WONG, DOUGLAS GRANT,

et al.
I, Kernes C. Grant, do hereby subordinate any interest
which I have or may have in property located at 117 Holly
Street, Toms River, Ocean County, State of New Jersey, to the
United States Government pursuant to the condition of release
pertaining to my brother Douglas Grant, a defendant herein.
--~
K~GRANT
~---
me this 30th day of September, 1983
ELVIRA SISTO
NOTARY PUBLIC OF NEW JERSEY.
My Commission Expires Dec. 6, 1986_
UNITED STATES DI.STRICT COURT.
UN~TED STATES OF AMERICA : Cr. No.
-vs- . NOTICE OF APPEA...~NCE
.
.
SIR:
You are hereby notified that I appear for Tiellc LL {Jo ;J 0-

-----1
.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , the defendant
in the above-entitled matter.
DATED:
fo o !--1-ul:J Sa~ Sr. /il'f;oo/ 3

Address l
ielephone Number
SEP 3 0 1983
f!.t~.li.id. . . . . . . . ./J.. ... M-
ALLYN Z. LITE
UNITED STATES DISTRICT COURT r::::
........
UNITED STATES OF AMERICA . r::::
Cr. No. 3-_...._)9...._°t

--+-8,.___',....... _ _ __
.
. NOTICE OF APPEARANCE
.
SIR:
You are hereby notified that I appear for

'I;
_ _ _ _,_"'''_
..~_--,-_.-
.._, '--'-1·--':l,-l~\-~nc...:.,;:;;.i..9::H~/
__ _J{-!----e_.;:;;;' s;:;...__ __;_• ,, the defendant
-__,,,ea;.._;·
. :::::
~t.~ Mtorney for Defendant

.1) \A- rJ E" te . ~ & ~R-T _
o:, ::Pe.,we..e: s•.
1 ,y . ,y Address
N N /001 ~
I
-r~, -2-) G) .., - , oc

- Telephone Number
if
--t-~:.;\ I
~\-1
. \. ....
:::.
f:::-:
[~{
,....
rr
.r.·.·.-.
DISTRICT OF NEW JERSEY ·- 0
;.:.::
..
UNITED STATES OF Al~ERICA
6J r{JJ,i
er. No. -~0;___:;.___--.:..._--1-,____
..
: NOTICE OF APPEARANCE
Dau 1_c II 5------ t R/-1/VT" =

.
SIR:
-------- --- --- ---·
_ _..:::;..P_o_··(4_··><·r_6.a:;....[/t_·._5_·.____,.;;6;;_.:;, ;.;...ti......~ - - ~ - - - - - ' ,

R.--""· the defendant
,. l
DATED:
6-o v/ lo f Re/Ncr7<.
l?y :- MRN1rJ i - 1<17/Nc->(
~ttorney for Defendant
........ ,....
•····
Address
Telephone Number
_);)-
(
UNITED STATES ·OF AMEh-... CA,
Plaintiff,·
Criminal No. C\--3 3·----/ qq
vs • -:Te f if~ 5 wo..if z APPLICATION FOR PERMISSION
TO ENTER PLEA OF GUILTY
Defendant. (Defendant with Counsel)
;]"g.--rii
[Defenda t's name]
Swee rf"z , hereby certifies as follows:
1. My fU:11 name is Te,vifE '13. ~wq, 0T:z.. and I request that.

all proceedings against mee held in that name;
guarantee me the right to be represented by a lawyer at every stage in
these proceedings, including any trial on these charges, and that if I
cannot afford to hire a lawyer, the Court will provide o.ne for me.
3. I have a lawyer who i~ representing me.in this proceeding. My
lawyer's name is ])e::@,r-- Ze, ie,.v- ..
I believe and am satisfied
that I have had enough time to discuss this matter with my lawyer.
4 •· My date of birth is /0 -/6-4~ . I ~ ] [am not] married
and I have Wo · children.
5. English /[is] [;,,., Re-ls] my native language. My formal education
stopped after I%. \f~. C-ol(</je • I am presently ~unemployed] f:cfRP'loyed:J.,
as a
4
[ rade] ·
[occupation] _
6. I have taken [no] [tbe follo:wing-=j drugs or medication within the
past twenty-four hours: --=---=---=--=--~--=---:----:---------:---:---:---=-----
. I . . Ehave} [have not] drunk alcoholic beverages within the past
twenty-four hours. ·
7. I fhave} [have never] been a patient in a mental hospital or
institution. I ~ [do not] believe that at the present time I. am
mentally ill or mentally incompetent in a~y respect.
8.- I received a copy of the Indic-t::m=,,...nt · (Information) before being
called upon to plead. I have read an4 discussed it with my lawyer.
I understand that the substance of the charges(s) against me is that
I: Cov,5f'1v-U \,Y 'cth 0'--f'he,v5 \0 se-ll . Co r11v-oll edJ Syb'f[g»c.e,5
[add separate sheets if necessary]

me about :the charges set forth in the Indictment (Information-) .
nature of each charge and on all possible defenses that I might have in
this case.
11. In addition,·my lawyer has explained to me, and I understand,
that if I entered a plea of NOT GUILTY (or persisted in my plea of
NOT GUILTY), under the Constitution and laws of the United States I
would be entitled to a speedy and public trial by,,.,a- :ilmty· cir t~ve
persons on the charges contained in this Indicbnentl_- (jr.J!!ut.b:'tion).
SEP 2 7 1983,
.,.=/(}; jd .............b. ..M·
[l,.t cr=v, ... ,............ ..
. ALLYN z. LIIEi
12. My lawyer has explained to me, and I understand, that at such
a tr~al the jury would be told by the judge r·,~t I am presumed to be
. ./ ' . {
innocent, and thc3( _the Government would be r, ~uired to prove me guilty of
the charges against-·me beyond a reasonable doubt. I understand that I
would not have to prove that Iain innocent, and that I could not be con-
victed unless all twelve jurors voted unanimously for conviction.·
13. My lawyer has discussed with me, and I understand, that if I went
to trial on these charges, the Government would have to produce in open
14. My lawyer has further explained to me, and I understand, that I
have the right to produce witnesses and could offer evidence in my defens1
chose, to testify on my own behalf at that trial; but if I chose not.to
that fact. · · .
15. My lawyer has explained to me, and I understand, that if I plead
GUILTY to any charge (s) in this indictment (Information) -and the judge
accepts my plea, I WAIVE MY RIGHT TO TR.I.AL AND THE OTHER RIGHTS SET FORTH
presentence report, will impose punishment upon me. I understand that
if I plead GUILXY, the judge may impose the same punishment a~ if I had
pleaded "not guilty", went to trial and was convicted by a jury.
16. My lawyer has also explained to me, and I ·understand, that if I
plead GUILTY, I WAIVE MY RIGHT NOT TO INCRIMINATE MYSELF. I understand
that the judge will ask me what I did and I will have to acknowledge my
guilt as charged by setting forth my actions so that.the judge is satis-
at _the tim!= I plead GUILTY, if untrue and made under oath, can be the
basis of a perjury prosecution against me.
punishment whieh the law provides for the offenses charged in this
Inc!.ic'i.:r.1ent (Information) is: ..
A MAXIMUM OF ~o years imprisonment and a fine of $ ;?,S:wo.oo
for the offenses charged in Coqnt(s)_ ) 11,v,t[j fl_ ' •
My_lawyer has further explained, and I understand, that there is [no] ·
(a] mandatory minimum punishment of _ _ _ _ _years imprisonment and
[no] [a] mandatory minimum fine of$ _ _ _ _ _ for the offenses charged
in Count(s)
I understand that if I plead GUILTY to Count(s) _ __._~---- of the
Indictment (Information), I face a maximum sentence on those counts of .
S years imprisonment, plus an aggregate fine of$ IS,ooovo6
[I understand that if I plead GUILTY and the judge accepts my plea, I
may be sentenced, at the judge's discretion, under the provisions of
the Youth Corrections Act or as a Young Adult Offender if I am presently
at least 18 years of age but not yet 26 years of age •. Under ~uch .
sentencing provisions, I understand that I might be given an indeterminate
sentence which might require me to spend as long as six (6) years in
prison.]
18. I hereby declare that no officer or agent of any branch of
government, (Federi;,·\, State or local), nor mY,, \,awyer, nor any other
person, has- made a_, ) promise or suggestion of. .ny kind to me, or within
my knowledge to anyon~ else, that- I will rece•ive a lighter sentence, or
probation, or any othe·r form of leniency if I plead GUILTY. My 1!3,wyer
has explained, and I understand, that only the judge may decide what
that·person is not:telling me the truth. ·
Nor have I been told that if I refuse to plead GUILTY, other persons
will be prosecuted.
20. There [has] [has aoe] been a plea agreement entered into between
me and the United States Attorney by Assistant United States Attorney
J?k,l,p Sett',115Px""
[name]
[ ] The plea agreement does not exist in written form.
[>(] The plea agreement does exist in written form. I have read it,
The substance of the plea agreement is:
,htitr~~~ ~Z- aw --rt,,, robe~

21. My lawyer has explained to me, and I understand, that the terms
draw my GUILTY plea or go ahead and plead GUILTY anyway. If, after the
judge informs me that the plea agreement is unacceptable, I continue in
my desire to plead GUILTY, I understand that the dispo~i tion __of my _cas~-- _
may be less favorable than that proposed in the plea agreement.
22. I believe that my lawyer has done all tpat anyone could do to
counsel and ass.ist me, AND I AM SATISFIED WITH THE ADVICE AND HELP MY
LAWYER HAS GIVEN ME.
23. I know the judge will not permit anyone to plead GUILTY who claim_s
'-to be innocent, and with that in mind and because I am GUILTY and make·
no claim of innocence, I wish to plead GUILTY. I respectfully request
that the Court accept my plea of GUILTY and to have the Clerk enter my
plea of GUILTY as follows:
To Count (s) f2t2:e of this Indictment (Information) •
accord, with full understanding of all matters set forth in the Indictment
(Information), in this application and in the certification of my lawyer
25. I further declare that I wish to waive the reading of the Indic-'crnent
(Information) in open court, and I request the Court to enter my plea
26. The following person(s), if any, assisted me in completing this
application: -~M~y-·~a-dc~.....,_.?O,"-'-'---~~y----------------------
herein are true. I'am aware that if any of the foregoing statements
made by me are wilfully false, I am subject to punishment.
Signed by me in open court in the presence of my lawyer this
:i 7'":!1 - 1?e1;
day of 5e:p-en-i , 19 fJ 3 .
t35~ndant
.
~e,v- S' k-llt'f \:e1e

2e,rl hereby certif ~ys that:
1. I am an atto~ney at law of the State of {1M Vovk, , and
hav·e been [retained by] Eassigned to represent] the £l.efendant ·
:f'.e-v-N 13, 5w~-z_ , in Criminal · No•--,---~--,,...---__,..--
2. I7have read and fully explained to the defendant the allegations
contained· in the Indic'anent. . (Information) •
3. To the best of my knowledge and belief the statements,
going Application are in a1t·respects·accurate·and true.
for each count to the defendant. [Since the defendant is __ 3~3.__ ___
years of age, I informed him that he may be sentenced under the
prbvisions of the Youth Corrections Act or as a Young.Adult Offender
and that if he is given an indeterminate sentence under the provisions
of 18 U.S.C. SOlO(b), he may be required. to spend as much as six
years in a penal institution.]
5 •. The plea of GUILTY offered by the defendant in Paragraph 23
consistent with my advice to the defendant.·
6. In my opinion the defendant's waiver of reading the
(Information) in open court as provided in Rule· 10 is voluntarily
and knowingly made, and I recommend to the Court that the waiver be
accepted by .the Court.
7. In my opinion the plea of GUILTY as offered by the defendant in
of the consequences of the plea. I recommend that the Court accept
the plea of GUILTY.
above named, and after full disclosure of-1'1the contents o0h~s-
Certification to the defendant, this ;) 7~ day of S't;(~. ,
19 '63
U.S. Departmenf ·l' Justice 2/

PRS:ji/0212A 970 Broad Street, Room 502 201 /645-2155

83 0704 Newark, New Jersey 07102 FTS/341-2155
September 27, 1983
Peter Zeiler, Esq.

401 Broadway
Suite 1100
Re: Plea Agreement with Jerry Swartz

G$' 3-)
. qq
Dear Mr. Zeiler:

agreement between Jerry Swartz and the United States Attorney
Based upon the understanding specified below, the

United States will accept a guilty plea from Jerry Swartz to
Count one of Indictment 83-199. That count charges a violation
of 21 u.s.c. Section 841, carrying a maximum sentence of five
years imprisonment and a $15,000.00 fine. The United States
will, at the time of sentencing in the above-captioned matter,
move to dismiss the remaining counts against Jerry Swartz.

Jerry Swartz is within the sole discretion of the sentencing
Judge. This Office reserves its right to take a position with
respect to the appropriate sentence to be imposed by the
District Court. However, this Office will inform the
sentencing Judge and the Probation Department of: (1) this
agreement; (2) the nature and extent of Jerry Swartz's
activities with respect to this case; and (3) all other
information, favorable or otherwise, in its possession relevant
to sentence. It is understood that the United States
specifically reserves the right to correct factual
misstatements relating to sentencing proceedings and to oppose
any application by Jerry Swartz for a reduction of sentence
pursuant to Rule 35, Federal Rules of Criminal Procedure.
FILED
SEP 2 7 1983
At a-:su..ll.l..L-.. . . !l...~M .
ALLYN •Z. LITl:l
- 2 -

requested.

or may arise involving Jerry Swartz, including, but not limited

parties.
Very truly yours,
W. HUNT DUMONT
Uni~ State
By: PHILIP •
- 3 -

Peter Zeiler, Esquire, have read it, and I hereby acknowledge
Government or my attorney in connection with this matter.
Witnessed by:
Defense Counse
.,
I

DISTRICT OF 'NEW JERSEY
(
/9
UNITED· STATES OF AMERICA : No . C,C f! -3 ~ B 9
It is on this ()-3 re,( day of S-er¼0,be_, , 19~3 r ORDERED:
That bail be fixed at $ 1501090 av~. and the defendant ·be

released upon:

b . . Executing an appearance bond and depositing in cash in
the registry of the Court % of the bail fixed.
@). Executing an appearance bond with approved sureties, -G-J;-
th.e depersi L of cash 1n: the fu-l-l--a-moun L o-f-t-he bait-rn
-1-i-eY--E-hereef.. i r, -\,\--.-e.. c,:""'-o'--' n"\ o'i' $./. ;;u;>J «Jo.oo Ir, n e 0 oi-la. \,,le.
~--~s
. 1. That the defendant not attempt to influence,
not tamper with any witness, victim, or informan~; anA_
not retaliate against any witness, vict1m,-- ·Or-
informant
2.
in this case. .
That the defendant be released in the custody of
.
. --=-----,---=---=---=---------
3. That the defendant be restricted in travel to
. . N ( l,\] Ar' ~1'.'. L/ N'e,1.-t.J '-/,"l'
1
I( Q\gSS<"r lrn;s<' H~
4• Additional con iiions: '
It is further ORDERED that the defendant be furnished with

a copy of this order and a notice of the penalties app able to
violation of conditions of release~
.
U. S. DISTR]tT GISTRATE
I hereby certify that the defendant was furnis'hed (personally) a copy

FI LED
/ DEPUTY CLERK
SEP ~ j 1983
. ~t 8:30.~ ..........
ALLYN
JL.?.~f;l_
z. LITE-
.M
,)

UNITED STATES OF AMERICA . Cr. No •

s
-vs- . NOTICE OF APPEA..~NCE
~\q(:_"('-/ Wa.ri~- · e~-<t L
.•
Je,c---t Se,,h~0r",i-2- (01)
:
SIR:
You are hereby notified that I appear for_ _ _ _ _ _ _ __
Attorney for Defendah,:
Vo,) .6@5 clt,uCe,t/

1
f' \ \.. £. 0. Address
sE.~ ·i '3 \98'3

Telephone Number .
JA.
17
TRACY WONG, ET AL. UNSEALING ORDER
This matter having been opened to the Court
upon the application of W. Hunt Dumont, United States
Attorney for the District of New Jersey (Philip R. Sellinger,
Assistant U.S. Attorney, appearing), for an Order that
the above captioned Indictment be unsealed; and it appearing
that defendant TRACY WONG has been arrested and that sealing
of the Indictment is no longer necessary; and for good
and sufficient cause;
IT IS on t h i ~ d a y of September, 1983;
ORDERED that the above captioned Indictment
be unsealed.
STERN
Court
FI---· LED
. ..-
SEP 2 31983
At 8:30... .... /l ~ ~ ~
'M.LYJi ~- l:ITS
M
No. _ _
~iltn ~fat.es ~istrid Qfoud

vs.
TRACY WONG, ET AL.

'C
UNSEALING ORDER
W. HUNT DUMONT
- l By: PHILIP R. SELLINGER

FPI-SS-11-22-71-BM-8553
Form No. USA-48-0B.7

(Ed. 10-18-63)
;t
PRS:ld

TRACY WONG, et al. 0 R D E R
This matter having been opened to the Court on the
application of the United States, w. Hunt Dumont, United States
Attorney, by Philip R. Sellinger, Assistant United States
Attorney, for an ex parte Order, pursuant to 26 u.s.c.

§ 6103 (i) (1) (2), directing the Internal Revenue Service to
disclose returns, taxpayer return information and return
information other than taxpayer return information for the
below listed individual and companies for the period 1977 to
the present:
( 1) TRACY WONG
(SSN: 486-46-8351)
DOB: July 7, 1946
3 East 82nd Street, Apt. 3C
New York, New York
(2) Chester, Bladebern & Koder

{:..'JG -··., J ~os3
Iv
1 World Trade Center .J(. M,

New York, New York p..t S:30............... \Tr
A\..\..'(N. z. L
(3) Kelmscott Trading
3 East 82nd Street
New York, New York
After examining the application, the Court finds:
1. There is reasonable cause to believe, based upon
information believed to be reliable, that TRACY WONG has
conspired to commit and has committed violations of the

- 2 -
federal narcotics laws, including 21 u.s.c. §§ 84l(a) (1), 846,
848, 952 and 963, and 18 u.s.c. § 2. The Indictment in this
case so charges.
2. There is reasonable cause to believe that the
returns, taxpayer return information and return information
other than taxpayer return information is or may be relevant to
a matter relating to the commission of such acts. For example,
such information may negate any legitimate source for money
with which Tracey Wong bought his home. It may also negate
that certain actions of Wong occurred in connection with the
business of Chester, Bladebern & Koder or Kelmscott Trading.
The Court further finds that the applicant and Special
Agents James Nielsen of the Drug Enforcement Administration,
Robert Palka of the Internal Revenue Service, and James Coble
and Alan Therrien of the Bureau of Customs, are personally and
directly engaged in preparing the matter for trial, that the
information sought is solely for such use, and that the
application is authorized by W. Hunt Dumont, United States
Attorney for the District o7J(ew Jersey.
IT IS on this~...- day of August, 1983;
ORDERED that the Internal Revenue Service (1)
above-listed individual and companies for the period 1977 to

- 3 -
the present as have been filed and are on file with the
Internal Revenue Service; (2) certify where the information
described above has not been filed or is not on file with the
Internal Revenue Service, that no such returns, taxpayer return
information or return information other than taxpayer return
information had been filed or are on file; (3) disclose how

such information described above has come into the possession
of the Internal Revenue Service subsequent to the date of this
Order, but for not longer than 30 days thereafter; (4) disclose
such information and make such certification only to the
applicant and the Special Agents of the Drug Enforcement
Administration, Internal Revenue Service and Bureau of Customs
specified above and to no other person; (5) disclose no

returns, taxpayer return information or return information
other than taxpayer return information not described above; and
it is
FURTHER ORDERED that the applicant, the Drug Enforce-
ment Administration, the Internal Revenue Service and the
Bureau of Customs Special Agents specified above and any
attorney of the United States Department of Justice who may
subsequently be assigned in this matter shall use the returns,
taxpayer return information and return information other than
taxpayer return information disclosed solely in investigating

- 4 -
and preparing for trial the above mentioned violations of 21
u.s.c. §§ 84l(a) (1), 846, 848, 952 and 963, and 18 u.s.c. § 2,
and that no disclosure be made to any other person except at
trial or in accordance with the provisions of 26 u.s.c. § 6103

and 26 C.F.R. § 301.6103.
-----
HONO~BLE CLARKSON S. FISHER
Chief Judge, U.S. District Court
No. _ _
~it.eh Jitates ~istrid @:nut±

vs.
I
TRACY WONG, ET AL.
·1
0 R D E R
W. HUNT DUMONT
U.S. Attorney Newark, New Jersey
FPI-SS-11•22-71-BM-8553
Form No. USA-48-OR7

(Ed. 10·18·63)
I/If- -
PRS:ld

TRACY WONG, ET AL. SEALING ORDER
application of the United States, w. Hunt Dumont, United States
Attorney, pursuant to 26 u.s.c. § 6103(i) (1) (2), and it
appearing that an Indictment has been entered and sealed in
this matter, and it appearing that publication of the instant
Application and Order would defeat the purposes of the sealing
of the Indictment; ~r/,.

IT IS on thi8,-aay of August, 1983;
ORDERED that the attached Application and Order
be sealed until such time as the In-d~ment in the above matter
is unsealed. ,/') )
.i / '
~ : ~ R K S ~ N S. FISHER=-
Chief Judge, United States District Court
AUG . =11983 1
/l.t 8:30 ......-......................... rJ,:... M

ALLYN Z. LITE
)Lj
PRS:ld

TRACY WONG, et al. APPLICATION OF THE UNITED

STATES FOR AN EX PARTE ORDER
w. Hunt Dumont, United States Attorney, for the District
of New Jersey, by Philip R. Sellinger, Assistant United States
Attorney, pursuant to 26 u.s.c. § 6103 (i) (1) (2), makes appli-
cation to this Court for an ex parte Order directing the Internal
Revenue Service to disclose to the applicant (and others
hereinafter named) returns, taxpayer return information and return
information other than taxpayer return information for the below
listed individual and companies for the period 1977 to the present:
(1) TRACY WONG

(SSN: 486-46-8351)
DOB: July 7, 1946
New York, New York
(2) Chester, Bladebern & Roder /.1.U G :=: J 1983

1 World Trade Center
New York, New York
i\t s:~LLYN····2:···Lirl. -M •
3 East 82nd Street
New York, New York
In support of its application, your applicant alleges
and states the following:
conspired to commit and has committed numerous violations of

(
- 2 -
the federal narcotics laws, including 21 U.S.C.§§ 84l(a) (1),
846, 848, 952 and 963, and 18 u.s.c. § 2. A federal Grand Jury
has returned a 7 Count Indictment charging TRACY WONG with
those violations.
other than taxpayer return information are or may be relevant
to a matter relating to the commission of such acts.
Specifically, the United States has learned that TRACY WONG
received several hundred thousand dollars as proceeds from his
narcotics activities, that he purchased an expensive home with
such money, that he used his businesses as a "front" for his
illegal activities, and that his businesses are/were Chester,
Bladebern & Koder and Kelmscott Trading. Accordingly, the
information sought may negate any legitimate source for the
money with which he bought his home. It may also negate that
certain actions of WONG occurred in connection with the
3. The information sought to be disclosed cannot be
obtained from any other source.
4. Applicant further alleges and states that in
addition to himself, Special Agents James Nielsen of the Drug
Enforcement Administration, Robert Palka of the Internal
Revenue Service, and James Coble and Alan Therrien of the
Bureau of Customs, are personally and directly engaged in

- 3 -
preparing the matter for trial. The information sought herein
is solely for our use in the trial of this case. No disclosure
will be made to any other person, except at trial, and except
in accordance with 26 u.s.c. § 6103 and 26 C.F.R. § 404.6103.

WHEREFORE, your applicant requests that this Court
enter an ex parte Order on this application granting disclosure
by the Internal Revenue Service of the returns, taxpayer return
information and return information other than taxpayer return
information specified in this application.
W. HUNT DUMONT
By:
U.S. Attorne
' (
VERIFICATION
I, PHILIP R. SELLINGER, being duly sworn, depose and
say that I am an Assistant United States Attorney for the
District of New Jersey and that the foregoing application is
made on the basis of information officially furnished and which
I believe is true.
Sworn and Subscrib~d to

before me this 'f'tA
day
of August, 1983.
NO
MY
No, _ __
~it.eh J;htlts l9istrid (!four±

vs.
~
TRACY WONG, ET AL.
APPLICATION OF THE UNITED

W. HUNT DUMONT
'I
FPI-SS-11•22•71-SM-8553
Form No. USA-48-CR7

(Ed. 10-18·63)
/3
PRS:ji

UNITED STATES OF AMERICA·
TRACY WONG, et al. 0 RD ER
application of the United States, W. Hunt Dumont, United States
Attorney, for a n ~ parte Order, pursuant to 26 u.s.c.

§ 6103 ( i} (1} (2} , directing the Internal Revenue Service to
below listed individuals for the period 1977 to the present:
(1} STANLEY COOPER ROGOW

(SSN: 076-38-6945)
DOB: November 30, 1948
2209 Canyon Drive
Hollywood, California 90068
(2) STEVEN WARREN KAUFMAN

5027 E. Charter Oak
Scottsdale, Arizona
(3) JAY LUSIER SICRE f~UG 2: 9 1983

DOB: September 13, 1949
437 Bertram Avenue ,L/'fJ £1.
At &.ao: ......'. ..........................r.t...M
Staten Island, New York ALLYN Z. LITE
- 2 -
STEN LUNDEGAR
DOB:- June 10, 1947
854 Southwest 11th Street
Ft. Lauderdale, Fla. 33312

information believed to be reliable, that STANLEY C. ROGOW,
STEVEN w. KAUFMAN, JAY L. SICRE, and STEN LUNDEGAR have
conspired to commit and have committed violations of the
952 and 963, and 18 u.s.c. § 2. The Indictment in this case so
charges.
returns, taxpayer return inf?rmation and return information
such information may negate any legitimate source for income
received and any assets purchased therewith. It may also
negate that certain action& of Rogow, Kaufman, Sicre and
Lundegar occurred in connection with legitimate business
activities.

- 3 -
application is authorized by w. Hunt Dumont, United States
Attorney for the District of New Jersey.
IT IS on this day of August, 1983;
ORD E.R ED that the Internal Revenue Service (1)
above-listed individuals for the period 1977 to the present as
.
have been filed and are on file with the Internal Revenue
Service; (2) certify where the information described above has
not been filed or is not on file with the Internal Revenue
Service, that no such returns, taxpayer return information or
return information other than taxpayer return information had
been filed or are on file; (3) disclose how such information
described above has come into the possession of the Internal
Revenue Service subsequent to the date of this Order, but for
not longer than 30 days thereafter; (4) disclose such
information and make such certification only to the applicant
and the Special Agents of the Drug Enforcement Administration,
Internal Revenue Service and Bureau of Customs specified above

- 4 -
and to no other person; (5) disclose no returns, taxpayer
return information or return information other than taxpayer
return information not described above; and it is

u.s.c. §§ 841(a) (1), 846, 952 and 963, and 18 u.s.c. § 2, and
that no disclosure be made to any other person except at trial
or in accordance with the provisions of 26 U.S.C. § 6103 and 26
C.F.R. § 301.6103.
HONORABL • STERN
Judge, ?.s.
I,
No. _ __
'··'
~iteb ~fates ~fofrid (!foud

vs.
TRACY WONG, ET AL.
0 R D E R
W. HUNT DUMONT

FPI-BS-11-22-71-SM-8553
Form No. USA-48-0R7

(Ed. 10-18-63)
<...
PRS:ld

application of the United States, W. Hunt•Dumont, United States
Attorney, pursuant to 26 u.s.c. § 6103 (i) (1) (2), and it
of the Indictment;
IT IS on t h i s ~ day of August, 1983;
be sealed until such time as the Indictment in the above matter
is unsealed.
HONORABLE/HERB T J. STERN
Judge, uyited tates District Court
t\UG ;l 9 1983
,1:t10 f..... M
/ l l t ~.....-...........................
ALLYN :Z. LITE
Jl
UNITED STATES .DISTRICT COURT

UNITED STATES OF AMERICA :

Attorney, pursuant to 26 u.s.c. § 6103(i) (1) (2), makes appli-
listed individtlals for the period 1977 to the present:
(1) STANLEY COOPER ROGOW

(SSN: 076-38-6945)
DOB: November 30, 1948
2209 Canyon Drive
Hollywood, California 90068
(2) STEVEN WARREN KAUFMAN

5027 E. Charter Oak
Scottsdale, Arizona
(3) JAY LUSIER SICRE r. c O 198'.)

Au Ur~•-:.1 v
DOB: September 13, 1949
437 Bertram Avenue t\t ~..f.~:f.J.~ . . . . 1:M
Staten Island, New York ALLYN Z. LITE
STEN LUNDEGAR
DOB: June 10, i947
854 Southwest 11th Street
Ft. Lauderdale, Fla. 33312
- 2 -
information believed to be reliable, that STANLEY C. ROGOW,
·STEVEN W. KAUFMAN, JAY L. SICRE, and STEN LUNDEGAR have
conspired to commit and have committed numerous violations of
the federal narcotics laws, including 21 U.S. c. § § 841 {a) {1) ,
846, 952 and 963, and 18 U.S.C. § 2. A federal Grand Jury has
returned an Indictment charging those violations.

Specifically, the United States has learned that STANLEY C.
ROGOW, STEVEN w. KAUFMAN, JAY L. SICRE, and STEN LUNDEGAR have
received significant sums of money as proceeds from their
narcotics activities. The information sought may negate any
legitimate source for the income received and any assets which
may have been purchased therewith. It may also negate that
certain actions of ROGOW, KAUFMAN, SICRE and LUNDEGAR occurred
in connection with legitimate businesses.

- 3 -
4. Applicant further alleges and states that ·in
W. HUNT DUMONT
Uni~.~d States ;)orney. . /
By: /) {'lie r~fc~c{

PH LIP R. $~LINGER'.
\
\
VERIFICATION
I believe is true.
Sworn and Subscri~ed 1to

before me this ~ ~ d a y
of August, 1983.
NOTARY PUBLIC
M.Y COMMISSION
~
PRS:ld

TRACY WONG, et al. 0 R D E R
'
Attorney, for an ex parte Order, pursuant to 26 U.S.C.
§ 6103 (i) (1) (2), directing the Internal Revenue Service to
below listed individual and companies for the period 1977 to
the present:
(1) TRACY WONG

(SSN: 486-46-8351)
DOB: July 7, 1946
New York, New York ,r;~
A --·
ll
l
~ >
~·~".!
¥:t ~-~,)
.r:~~:e:f -~~,..•
(2) Chester, Bladebern & Koder .,,,, n ... 0

1 World Trade Center I hJ u --:i iJ 198-:,
New York, New York
8t &at),.11:}!!....................ft.-M. (
(3) Kelmscott Trading l\LLYN z. llIE
3 East 82nd Street
New York, New York
conspired to commit and has committed violations of the

(
- 2 -
848, 952 and 963, and 18 u.s.c. § 2. The Indictment in this
case so charges.
such information may negate any legitimate source for money
with which Tracey Wong bought his home. It may also negate
that certain actions of Wong occurred in connection with the
application is authorized by w. Hunt Dumont, United States
IT IS on this ~f day of August, 1983;
0 RD ERE D that the Internal Revenue Service (1)
above-listed individual and companies for the period 1977 to

- 3 -
the present as have been filed and are on file with the
Internal Revenue Service; (2) certify where the information
described above has not been filed or is not on file with the
Internal Revenue Service, that no such returns, taxpayer return
information or return information other than taxpayer return
information had been filed or are on file; (3) disclose how

such information described above has come into the possession
of the Internal Revenue Service subsequent to the date of this
Order, but for not longer than 30 days thereafter; (4) disclose
such information and make such certification only to the
applicant and the Special Agents of the Drug Enforcement
Administration, Internal Revenue Service and Bureau of Customs
specified above and to no other person; (5) disclose no
returns, taxpayer return information or return information
other than taxpayer return information not described above; and
it is

- 4 -
u.s.c. §§ 84l(a) (1), 846, 848, 952 and 963, and 18 u.s.c. § 2,
and that no disclosure be made to any other person except at
trial or in accordance with the provisions of 26 u.s.c. § 6103
and 26 C.F.R. § 301.6103.
STERN
Court
PRS:ld


Attorney, pursuant to 26 u.s.c. § 6103(i) (1) (2), and it
of the Indictment;
IT IS on this:;2'(aay of August, 1983;
be sealed until such time as the Indictment in the above matter
is unsealed.
HONO • STERN
Judge Court
/4LJJ :_; v '1983

tu ~ ...lf. '/:!.. . . . . . . .J.JVl ,
ALLYN Z, LIIE)
/
([ 1'r?. 6\]
D L~rr .
PRS:ld



Attorney, pursuant to 26 u.s.c. § 6103(i) (1) (2), makes appli-
listed individual and companies for the period 1977 to the present:
(1) TRACY WONG

(SSN: 486-46-8351)
DOB: July 7, 1946
New York, New York
(2) Chester, Bladebern & Koder

1 World Trade Center
New York, New York 8t ~/t/f.!!............ /J:.M'
ALLYN Z. LIIE
3 East 82nd Street
New York, New York
conspired to commit and has committed numerous violations of

- 2 -
the federal narcotics laws, including 21 U.S.C.§§ 84l(a} (1),
846, 848, 952 and 963, and 18 u.s.c. § 2. A federal Grand Jury
has returned a 7 Count Indictment charging TRACY WONG with
those violations.
Specifically, the United States has learned that TRACY WONG
received several hundred thousand dollars as proceeds from his
narcotics activities, that he purchased an expensive home with
such money, that he used his businesses as a "front" for his
illegal activities, and that his businesses are/were Chester,
Bladebern & Koder and Kelmscott Trading. Accordingly, the
information sought may negate any legitimate source for the
money with which he bought his home. It may also negate that
certain actions of WONG occurred in connection with the
4. Applicant further alleges and states that in

- 3 -

W. HUNT DUMONT
By:
~cillf
PILIPR.ELLIN~
VERIFICATION
I believe is true.

before me this 11~ day
of August, 1983.
~~o~~~ }'(l/
M.Y COM.MISSION EXPIRES , , , , -i., _ _
---...
l
PRS:ld
v. Criminal No~ 83-199
OLAYINKA SONAYON FISCHER 0 R D E R
on the application of W. Hunt Dumont, United States Attorney
for the District of New Jersey (Philip R. Sellinger, Assistant
United States Attorney, appearing) for an Order unsealing
the instant Indictment for the limited purpose of communicating
with the United States Departments of State and Justice,
and the Government of Nigeria, and it appearing that such
unsealing is necessary to institute extradition, among
other, proceedings against defendant FISCHER, and for
good and sufficient cause;
IT IS on this /j day of August, 1983;
0 RD ERE D:
1. That the instant Indictment is unsealed
for the limited purpose of communicating with the United
States Departments of State and Justice, and the Government
of Nigeria; and
2. That this Order and the accompanying Affidavit
be ~-e,~ \e<¼
" ;-; ~
, il {,,,,
J. STERN
At 8:30 ...................................fi..M Ju istrict Court
ALLYN Z. LITE
PRS:ld

OLAYINKA SONAYON FISCHER A F F I D A V I T

:ss:
COUNTY OF ESSEX :
depose and say:
1. I am an Assistant United States Attorney

and have handled the prosecution of the above matter.
2. On July 8, 1983, the United States Grand
Jury returned a seven count Indictment charging OLAYINKA
SONAYON FISCHER, and ten other defendants, with conspiracy,
importation, possession, and distribution of cocaine and
marijuana in violation of 21 U.S.C. §§ 841, 846, 952,
and 963, and 18 U.S.C. § 2. The Indictment is sealed
pending the arrests of the defendants.
3. Defendant FISCHER served as the Second Secretary
at the Nigerian Mission to the United Nations during the
course of the charged conspiracy; and, as such, he used
his diplomatic status to carry drugs into the United States
without being subject to Customs' searches.

- 2 -
4. Defendant FISCHER currently resides in Nigeria.
The United States is about to begin extradition proceedings
against defendant FISCHER and to request the Nigerian

Government to waive any diplomatic immunity defendant
FISCHER may possess.
5. The United States must provide information
about the instant Indictment to the United States Departments
of State and Justice, and the Government of Nigeria, in
order to institute the proceedings referred to above.
WHEREFORE, your affiant respectfully
requests that an Order be entered unsealing the instant
Indictment for the limited purpose of communicating with
the United States Departments of State and Justice, and
the Government of Nigeria, to institute the above proceedings.
PHI~I~~

/9'~
Daz;::::_;]±
Before me this
NOTARY PUBLIC OF NEW JER

MY COMMISSION EXPIRES
Ul'4ITED STATES DISTRICT COURT ,
UNITED STATES OF AMERICA CRIMINAL NO_. 83-199
V NOTICE OF ALLOCATION
AND-ASSIGNMENT
TRACY WONG, et al
Pursuant to Rule 11 of the General Rules of this Court, I
have allocated the above-entitled matter to Newark, New Jersey.
Please file pleadings and make all motions returnable there.
This action has been assigned to:
JUDGE HERBERT Jo STERN
ALLYN Z. LITE, CLERK
~~~
BY: Rose Donaghue
DEPUTY CLERK
DATED July 14, 1983
Fl LED
.,JUL 1 4 1983
At 8:30.........................................M
ALLYN Z. LITE
i:---·

UNITED STATES OF AMERICA Criminal No. g3 .. / {j ec

v. (H:ss)
TRACY WONG, et al. SEALING ORDER
Attorney for the District of New Jersey (Philip R.
Sellinger, Assistant United States Attorney, appearing),
for an order that the above-captioned Indictment be
sealed until further order of the Court.
IT IS on this 'D day of ) ___._jJ , 1983,

ORDERED that the Indictment is hereby sealed
until further order of the Court.
UNITED STATES
f lbill
JUL 8183
~t~wf.i~·.-.-Bi:·.:::t1
.~t 1
F ff LED
PRS:js/9241A
83 0704 JUL 81983
At 8.::iu ....................................... M
ALLYN Z. LITE
v. 21 U.S.C. §84l(a) (1), 846, 848, 952,

/
963, and 18 u.s.c. §2
TRACY WONG,✓-
OLAYINKA SDNAYON FISCHER,
STEVEN KAUFMAN,
JEFFREY DEVORS,
a/k/a "Frito",
JAY SICRE,
STEIN LUNDEGAR,
GLENN ZIMMERMAN,
a/k/a "Ira ~mons",
KEITH MATTES,
JERRY SCHWART1/
STANLEY ROGOW; ao-a-
DOUGLAS GRANT~
COUNT 1
1. That from at least as early as June, 1977 to
August 15, 1979, the defendant OLAYINKA SDNAYON FISCHER served
as the Second Secretary at the Nigerian Mission to the United
Nations; and, as such, the defendant OLAYINKA SDNAYON FISCHER
travelled around the world without being subject to Customs'
searches.
2. That from in or about June, 1977 to at least in or
about September, 1979, in the State and District of New Jersey,
and elsewhere, the defendants
TRACY WONG,
STEVEN KAUFMAN,
JEFFREY DEVORS,
a/k/a "Frito",
JAY SICRE,
STEIN LUNDEGAR,
GLENN ZIMMERMAN,
a/k/a "Ira Simmons",
KEITH MATTES,
JERRY SCHWARTZ,
STANLEY ROGOW, and
DOUGLAS GRANT
did knowingly and wilfully combine, conspire, confederate and
agree with each other and with others knowingly and
intentionally to distribute, and to possess with intent to
distribute, controlled substances in violation of Title 21,
United States Code, Section 84l(a) (1).
3. It was a part of this conspiracy that the
defendants and others would knowingly and intentionally import,
distribute, and possess with intent to distribute, quantities
of cocaine, a Schedule II narcotic drug controlled substance.
4. It was a further part of this conspiracy that the
defendants and others would knowingly and intentionally import,
distribute, and possess with intent to distribute, quantities
of thai sticks (Cannabis Sativa L.), a Schedule I controlled
substance.
5. It was a further part of this conspiracy that in
1978 and 1979, defendant TRACY WONG would obtain quantities of
cocaine and thai sticks in Bogota, Colombia and Bangkok,
Thailand, and would transfer such drugs to defendant OLAYINKA
SDNAYON FISCHER, who, in turn, would carry them into the United
States without being searched by virtue of his diplomatic
status.
6. It was a further part of this conspiracy that
cocaine and thai sticks would be purchased, imported, and
attempted to be imported, on the dates and in the places and
quantities set forth below:

CONTROLLED APPROXIMATE
DATE PLACE SUBSTANCE AMOUNT
November 1977 Bangkok, Thailand thai sticks 1700 pounds
June 1978 Bogota, Colombia cocaine 2 pounds
July 1978 Bogota, Colombia cocaine 15 pounds
August 1978 Bogota, Colombia cocaine 27 pounds
February 1979 Bangkok, Thailand thai sticks 70 pounds
February 1979 Bangkok, Thailand ·thai sticks 3700 pounds
March 1979 Bangkok, Thailand thai sticks 70 pounds
May 1979 Cartagena and cocaine 24 pounds

Bogota, Colombia
July 1979 Bangkok, Thailand thai thicks 80 pounds
All in violation of Title 21, United States Code, Section 846.

COUNT 2
That from at least as early as June, 1978, and
continuing to at least as late as September, 1979, in the State
and District of New Jersey, and elsewhere, the defendant
TRACY WONG
did knowingly and intentionally engage in a continuing criminal
enterprise in that he committed multiple felony violations of
Title 21, United States Code, Sections 84l{a) (1), 846, 952{a),
960, and 963, which controlled substance violations and others
were part of a continuing series of violations of such statutes
undertaken by TRACY WONG in concert with at least five other
persons with respect to whom TRACY WONG occupied a position of
organizer, supervisor, and manager, and from which continuing
series of violations TRACY WONG obtained substantial income and
resources.
In violation of Title 21, United States Code, Section
848.
FORFEITURE
The Government seeks forfeiture of all income and
resources obtained by the defendant TRACY WONG from these
continuing series of violations, including all profits obtained
by the defendant TRACY WONG in such enterprise, and any of his
interest in, claims against, and property and contractual
rights of any kind affording a source of influence over such
enterprise.
COUNT 3
That in or around the middle of July, 1978, in the
State and District of New Jersey, and elsewhere, the defendants
TRACY WONG,
STEVEN KAUFMAN,
JAY SICRE, and
STEIN LUNDEGAR
did knowingly and wilfully import into the United States from a
place outside thereof a quantity of cocaine, a Schedule II
narcotic drug controlled substance.
In violation of Title 21, United States Code, Sections
952(a) and 960, and Title 18, United States Code, Section 2.
COUNT 4
TRACY WONG,
STEVEN KAUFMAN,
JAY SICRE,
STEIN LUNDEGAR,
KEITH MATTES, .
JERRY SCHWARTZ, and
STANLEY ROGOW
did knowingly and wilfully distribute, and possess with intent
to distribute, a quantity of cocaine, a Schedule II narcotic
drug controlled substance.
84l(a) (1), and Title 18, United States Code, Section 2.

COUNT 5
That from in or about the summmer of 1978 until
February 1979, in the State and District of New Jersey, and
elsewhere, the defendants
TRACY WONG,
STEVEN KAUFMAN,
JAY SICRE,
STEIN LUNDEGAR, and
GLENN ZIMMERMAN,
a/k/a "Ira Simmons"
place outside thereof a quantity of thai sticks (Cannabis
Sativa L.), a Schedule I controlled substance.
In violation of Title 21, United States Code, Sections
952(a) and 960, and Title 18 United States Code, Section 2.

COUNT 6
That from in or about the summmer of 1978 until
February 1979, in the State and District of New Jersey, and
elsewhere, the defendants
TRACY WONG,
STEVEN KAUFMAN,
JAY SICRE,
STEIN LUNDEGAR, and
GLENN ZIMMERMAN,
a/k/a "Ira Simmons"
to distribute, a quantity of thai sticks (Cannabis Sativa L.),
a Schedule I controlled substance.
841 (a) ( 1) , and Title 18 United States Code, Section 2.

COUNT 7
That from in or about the summer of 1978 until
February 22, 1979, in the State and District of New Jersey, and
~lsewhere, the defendants
TRACY WONG,
STEVEN KAUFMAN,
JAY SICRE,
STEIN LUNDEGAR, and
GLENN ZIMMERMAN,
a/k/a "Ira Simmons"
did knowingly and wilfully attempt to import into the United
States from a place outside thereof a quantity of thai sticks
(Cannabis Sativa L.), a Schedule I controlled substance,
contrary to Title 21, United States Code, Sections 952(a) and
960.
963, and Title 18, United States Code, Section 2.
A TRUE BILL
FOREMAN
No., _ _ _ __
1Jnittb &tatts 111listritt (ourt


VB.
TRACY WONG, ET AL.
INDICTMENT FOR
21 U.S.C. §§ 84l(a) (1), 846,
848, and 952
18 u.s.c. § 2
&t~· /J~v.tUJ~
A True Bill,
-----------··-------------
Foreman
W. HUNT DUMONT ______________________________________ _

U. S. Attorney
UBA-48-AD 8
(Ed. 9-1-66) FPI-86-9-28-70-lOM-6151
( corne~ fall papers filed with
this otfice)
-\ /:l
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UNITED STATES DISTRICT- 'd6uRT

1
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DISTRICT OF NEW JERSEY I ,
y· ,., L i
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.
UNITED STATES OF' AMERICA :
:
-vs-
:
..
TRACY WONG, et al. ,
..
:
It is, in this day of JULY 19 83
o RD ERE D that the above-entitled action is reallocated
and reassigned-from JUDSE_ _~J~.. O~H_N-'-~F~•____,;;G=E=R=R~Y~·---------------- to

JUOOE._ _ _ _ _ _ _ _ _J_
HERBERT . _
STERN
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _=...._·
Judge
...
'
UNITED STl\TES DISTRICT COURT
UNITED STATES OF AMERICA, :
vs . r.r:i.m:i.n;3). 83-199
TRACY WONG, OLAYINKA SDNAYON FISCHER,
STEVEN KAUFMAN, JAY SICRE, STEIN :
LUNDEGAR, KEITH MATTES, JERRY SCHWARTZ, NOTICE OF ALLOCATION and
and STANLEY ROGOW . : ASSIGNMENT
.
..
Pursuant to Rule ll of the General Rules of this Court,

I have allocated the above entitled matter to CAMDEN.
Please file all pleadings and ~ake all motions return-

able there.
This matter has been assigned to Judge JOHN F. Gl;:RRY
------,------------·
ALLYN Z. LITE,
Fl LED Clerk
'JULS'- 1983
(by)
'At ZifALLYN
e~. . . . . . Z..6-..LITE
........ M
Deputy C
CLERK
JULY 5, 1983
· Date
CC: Hon. John F. Gerry

U. S: Probation
U. S. Attorney (Philip R. Sellinger, Asst. U.S. Atty.)
(.
DISTRICT OF NEW JERSEY @\_
\
v.
TRACY WONG, et al. SEALING ORDER
Attorney for the District of New ~ersey (Philip R.
Sellinger, Assistant United States Attorney, appearing),
for an order that the above-captioned Indictment be
sealed until further order of the Court.
IT IS on this 1st day of July I 1983,
ORDERED that the Indictment is hereby sealed
until further order of the Court.
Fl LED
JUL 11983.
At 8:30.. ................
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AU. YN z. "Ltii"'""<
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_•~.:..:.-?--'.:.:..:.!\.:..:.~ U.S. (LAS(, FIRST, MIDDLE)
56 As,igned . L ...J WRIT VS
3 .:.o Di/P;:JSf.oce - L..J JUVENILE I'\~ IS!-'.!AILI, Lakbir I•ioulay

L - - - - - + - - - + - - - - - - - < L..J ALIAS
Olf Judge/Magistr. OFFENSE ON INDEX CARO
V
DISM. GUILTY
U.S. TITLE/SECTION OFFENSES CHARGED
~~ fNdLO
18:1341 & 2 Use of the Mails to Defraud 8
LJL..J
18:1343 Scheme to defraud by use of LJL..J
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a: LJL..J
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1st appears with or ARRAIGNMENT 1st Trial Ended 2nd Trial Began DISPOSITION DATE SENTENCE DATE LJPTD FINAL CHARGES DISMISSED ~oti~
waives counsel RE-
Nolle oonS.T. { ongo1
TRIAL LJ Pros. grounds D W.P. D WOP LJmotio
l
,;;;;======r==':'D=A'=T'=e==:;==:;IN:=l:::Tc"IA=.L==/N:=0:::=.==;===== Ill. MAG IS TR ATE ===;====1N=1T==1=A=L==/N==o=.=::;::;o==u::::T::::C=:=OM==-E=:==========,
Search
Warrant
INITIAL APPEARANCE DATE ► L...J DISMISSED
HELD FDR GJ OR OTHER PRO-
PRELIMINARY Date [__J GEEDING IN THIS DISTRICT
EXAMINATION Scheduled ►
OR -.-.-------;
REMOVAL Date Held ► HELD FOR GJ OR OTHER PRO-
L...l
O HEARING ------~----~---------< GEEDING IN DISTRICT BELOW
WAIVED O NOT WAIVED
RULE
20 21 40 In 0•;
ATTORNEYS-----------=-~--------------------------,,--
u. S. Attorney or As:;t.
KURZWEIL, Robert (AUSA) PRE- INDICTMENT
Release O a t e f
'-----
Bail
Defense: 1 D CJA. 2 XJ Ret. 3 D Waived. 4 0 Sell. 5.-~· Non/ Other. 6 0 PD. 7 0 CD LJ Denied LJ Fugifr,.
L_j Pers. R,
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1- Lubin and\Mincberg, P.A. AMOUNT SET LJPSA
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450 Australian Ave South S::.__·_ _ _ _
.,--', Conditions
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PO Box 2992
West Palm Beach, FL 3J4•0'2ILLIAM T. WALSH, CLERK OF THE
I Date Set LJ 10% Dep.
LJ Surety Bn,
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.,; (305) 655-2040 UNI'l'ED STA'fES DIS'l'RICT COURT F'OR THE 0 Bail Not Made LJ Collateral
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w DISTRICT OF NEW JERSEY' DO HEREBY cr:n_'PT'I",' Date Bond Made LJ 3rd Prty
Alan Silber, Esq.
THAT THE REf'!ORDS OF THIS COlfH.'1· SH011 \·:-_ri. 1' I. I. LJ Other.
2
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Silber and Rubin THlt~ AB09E hNV POH!~(!-(}l.l'.'i~ DOGO!,ir:.'.:<1'l.'S cc,:.)::;. '•.-,-:--P-0-ST___I_N_D-IC_T_M_E_N_T_ _
I-
<t 177 Prince Street
LL
a New York, NY 10017 THE ORIGINAL RSGU.RD H~ '1'HE; n1JU1(f;; .tel:-1'1')_ •i.'LJJ; Release Date
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(212) 677-1004 CASE, NOW ON APPB;.~L. Bail
LJ Denied L..J Fugitive
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and
L.3Pers. Rec
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Gateway 1 AMOUNT SET
a LJPSA
<t Newark, NJ 07102 ls00,00
oll (201) 623-9335 Conditions
Date Set LJ 10% Dep.
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10-22-81 U Surety Bn
0 Bail Not Made LJ Collateral
rate Bond Made LJ 3rd Prty
LJ Other
APPEALS FEE PAYMENTS

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11
VI EXCLUOABLEOELAY
CATE
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I 1C?110Wv.JSl1QW1:.t=er~'1.Roc;:;eou,ia::;
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f:u:•..er.
13-84 1 Indictment filed 9-12-84. Wina.
[1SUS::
13-84 Bench Warrent Issued 9-12-84 (Simandle) (2 Cert. Copies -AUSA HllW
13-84 2 Notice of Allocation and Assignment filed. (Trenton-

Thompson).
-23-84 3 Order of release, filed 10-22-84
-23-84 4 Order for discovery and inspection~ filed 10-22-84 CI/AAA
D-26-84 PT."RZI. = Nnt- r-nilt-v U~C2j,:

c su,.r,,
Ordered all defts. motions filed by 11-19-84, and the C:!din;::;
ch,,_._,!
GovJ·t response to be filed within 1 week thereof. 0 lritt~c.:
p,,i(tl;
Ordered bail set at $100,000.00 P.R. E P,"!trh!
(fror:,f.:'.
Ordered trial date set for 1-7-8§' at 10:00 A.M. f:.~::1rir.:c·
,::om;,-:c.·
[!;J(Fi)
(Thompson - 10-22-84) J: °rr?n:r~r
di;trictµ
-26-84 5 Rule 40 proceedings from the U.S.D.C. for the Southerr I
:0.21 er.:
District of Florida, filed.
-19-84 6 Notice of motion of defendant for disclosure of impeac 1. 7ng _
I
// ,q ,~ ..., 1 1Mo6,t,
information, ret'ble 12-17-84, with certificate of service 1 1

annexed thereon, filed. (mem. sub.)
-19-84 7 Notice of motion of defendant for extension of time G l'ro,..c!r,
ecMtement.
within which to file additional pretrial motions, ret'ble C'<ceed30L
aft:rallr:e:
12-17-84, with certificate of service annexed thereon, llt"/Wbn-,k
filcdandf:!
comptecd:
filed. (mem. sub.) ff l,Use.~rc<
C!tntgnmen:
-19-84 8 Notice of motion of defendant for notice by the Goverhment s:rnb.1tl0n,!
Deportatier
of the intention to rely upon other crimes evidence, ~tion((lll
eo,remlof:
ret'ble 12-17-84, with certificate of service annexed anron{Pfr,
:?:10211'111
thereon, filed. (mem. sub.) GTr..nsportif
enother d:s~
·19-84 9 Notice of motion of defendant for pretrial disclosure to/rramex:
crhorpitaJi:
In 10davsc
of crucial Jencks material, ret'ble 12-17-84, with lllJ(HJI
7Comtd,1'3'J:
certificate of service annexed thereon, filed. (mem. sub.) C~u.rtaftm
c:ruag-iczr~
·19-84 lC Notice of motion of defendant for production of relevant I Promu'Jc:
l,ymuUUJf,
statements of persons who are not prospective Government 1(211
U Unria,1a!>,
wi~nesses, ret'ble 12-17-84, with certificate of serv~ce fcnd'antcrc
,•,itiess 1!3i
annexed thereon, filed. (mem. sub.) · H P:rlcdolr
&ic::11 lnccm;:
19-84 lJ Notice of motion of defendant for a list of Governmen,t c1e,1.tor.;
trf311(411
witnesses, ret'ble 12-17-84, with certificate of service 0 Per!adofl:
commr:m,n:
annexed thereon, filed. (mem. sub.) ,r~nl[(SIJ
l'SVper:oc!inf
2-85 12 Affidavit of Robert B. Kurzweil, filed 12-28-84. rnent~nd/ar
dwi<'ttel)
2-85 13 Affidavit of Robert B. Kurzweil, filed 12-28-84.
:-85 14 Notice of motion of defendant for dismissal of indictn ent/- 7-
due to pre-indictment delay, ret'ble 1-21-85, with T=-i-,:, It Oaf, aW'1l'•
memorandum incorporated therein and certificate of se1vice cfca-c,ra:nc
I\Ot!'lllr.J.nC:
annexed thereon, filed 1-7-85. llemgr:nt:C

T Conunua."
-85 ~5 Notice of motion of defendant for leave to take depositions r:r,r.tedpr(
uso''T" al'c::
th.1riane of~
of unavailable witnesses residing o~tside :the jurisdiction Jawing ri!,?S:l:
lltruT41 bs·
of the court, ret'ble' ·1-21-85~' with· memorandum incorpcrated cup;,ortcfc:
u,n:a 1181(;.
therein and certificate of service annexed thereon, filed. T1 F:iilur.,to
wouldstcpt.
-85 Hearing on motions of deft. for disclosure,6f impeaching pracccdini;sc
nsultfnmis:
. ____ information, the court reported this motion moot. of Justico [(ii
T2 C:nount.T.
Hearing on motion of peft. for extension of time withi1. pl<K ((SJ(S).
which to file additional pretrial motions. Ordered

motion granted.
·- Bearing on motion of, deft·. · for notice by the Governmen _ 13 lndict:r.e:::
atn!SCCiln'tt
~f the intention to rely upon oth~r crimes evidence. 1n::od,ys[(.
Ordered motion grant~d-in part and denied in part. 1'4 Con'Jll!llo''
IOC~t.u;1c,r:
t!rwlCCUn.sd,
,Ca!an:ibfa t!:
continued next page .... ppm((SW
UTamau;,!:,'.
Cj\l!IIYP!U,:i
WGr,ndJc:v:
===:kd==========================CONTINU£:DTOPAGE L__l-l:::======<==l===" timijex~en6t--:
d,yr,ltU! '•,
CRIMINAL DOCKET ~U.S. vs
84 - 246
V LAKBIR MOULAY ISMAILI Docket No.
/--□-A_T_E_--,r--_!,__ _ _ _ _ _ _ _P_R_O_C_E_E_D_I_N_G_S_(_co_n_t-in-u-ed-)-----------, --V-._E_X_C._L_U_D_A_B_L_E_D._E
- - - - - - - - - - - - - - - - - - - - - - - - - - t -(al
1--------r-(Document No.) ~ - -(bl
- -1 - (c
1-9-85 Hearing on motion of deft. for pretrial disclosure cf
crucial Jencks material. Ordered motion denied.
Hearing on motion of deft. for production of relevant
statement of person who are not prospective Government
witnesses. Ordered motion denied.
Hearing on motion of deft. for a list of Government
witnesses. Ordered motion denied. (Thompson - 1-7-85)
1-15-85 16 Order denying defendant's motion for pretrial
disclosure of Jencks material, filed. (Thompson) NM
1-15-85 17 Order deeming moot defendant's motion for disclo: urE~
of impeaching information, filed. (Thompson) NM
1-15-85 18 Order granting in part and denying in part defenc an 's
motion for notice of the Government's intention o
use "other crimes" evidence, filed. (Thompson) Nlll
1-15-85 19 Order denying defendant's motion for a list of
Government witnesses, filed. (Thompson) N/M
1-15-85 20 Order denying defendant's motion for production of
relevant statements of persons who are not prospECct ve
Government witnesses, filed. (Thompson) N/M _/
1-21-85 2t Order scheduling defendant's motions to dismiss · T 11-16-l 4
indictment and to take depositions of unavailablE~ 2-18-: 5
witnesses residing outside the jurisdiction of the,
Court on 2-18-85, continuing trial to 3-4-85,
and deeming the time period from 11-16-84 to 2-ll -8 1
excludable, filed. (Thompson) N/M
1-29-85 22 Affidavit of Robert B. Kurzweil, filed 1-28-85.
2-14-85 23 Notice of defendant of inclusion of exhibit in
support of motion to dismiss indictment due to
pre-indictment delay, with certificate of servicE
annexed thereon, filed.
2-21-85 Hearing on motion of deft. for dismissal of indictm~nt
due to pre-indictment delay and for leave to take
depositions of unavailable witnesses residing outside
the jurisdiction of the court. DECISION RESERVED.
~ (24) 3-20-85'i' Order denying deft.'s motions for pretrial
,-{-Thompson - 2-19-85) · ·-,---·-·· .
disclostre
'
0 I
' of Jencks material; production of certain statements;
I ·½ a list of gov't witnesses and granting deft's moticn
(25)
L
for continuance to 5-22-85, filed.(THompson)(N/M)
3-25-85 i-Notice by defendant of add' l, inclusion of exhibit ir,
support of motion to dismiss indictment due to
pre-indictment delay w/cert. of servi~e annexed,
filed. i- 1 ,.•? _,.,
(26) 3-26-85 Notice of motion by deft. foi evidentiary hearing - -z~f}
7 1
w/cert. of service, ret'ble 4-18-85, filed. 3-25-85.
6-4-85 Hearing on motions of deft. to order certain
depositions of witness overseas, to dismiss the
indictment for pre-indictment delay and for a
protective order for potential witness. Ordered
motions denied.
Hearing on application of deft. to adjourn trial
until September. Ordered application granted.
Ordered trial <lite set for Sept. 12, 1985.
Orders to be submitted bv the Gov't.(Thomoson, 5-30 85
AO 256A Interval Start Date Ltr.
(per Section 11) End Date Code
?Mt□■ ST CTJ■ffl 111illf71il

CRIMINAL DOCKET
PROCEEDINGS (continued) V. EXCLUDABLE DELA'

DATE
(a) (bl (c) (d)
1-------r(Document No.) . . .
6-7-85 (27) Order denying deft's motion to take certain
~epositions and denying deft's motion to prevent
Gov't from interviewing certain witnesses, filed.
(Thompson)(n/m)
6-7-85 (28) Order continuing trial to 9-12-85, deeming ;... --
reriod from 2-19-85 to 5-30-85, and the period ,
5-31-85 to 9-12-85 as excludable, filed.(Thompson,
ln/m)
6-7-85 (29) Order denying deft's motions for dismissal of
indictment and for evidentiary hearing, filed.
(Thompson)(n/m)
8-27-85 (30) Affidavit of Lakbir Ismaili, filed.
9-4-85 (31) Copy of notice of motion by deft's attorney to
withdraw as counsel of record w/cert. of service
annexed, filed 9-3-85.
9-6-85 Hearing on motion of deft's counsel to be relieved
as counsel for deft. Ordered motion granted.
Ordered deft. to retain counsel by 9-9-85.
(Thompson - 9-4-85)
32 9-17-85 Order for discovery and inspection, filed 9-16-85.
(Thompson)
33 9-18-85 Notice of appearance, filed.
9-19-85 STATUS CONFERENCE:
Ordered that trial be set for November 20, 1985 and
that all defendant's motions be filed within 3 weeks
and the govt's response filed within 10 days thereof.
Ordered notice of appearance of deft's counsel must
be filed no later than 9-18-85. (Thompson, 9-16-85)
34 9-20-85 Order continuing trial to 11/20/85; deeming time ., ,
from 9-12-85 to 11-20-85 excludable and directing .'/ -~:..- .
that any add'l pre-trial motions by filed by
10-7-85, etc., filed. (Thompson) (n/m)
35 10-9-85 Notice of motion by defendant for dismissal of
indictment; for release of grand jury material;
for evidentiary hearing and to strike certain .I...
language from indictment, ret'ble 10-21-85,
.filed 10-7-85. (OP.O. & brief sub.)
36 10-9-85 Notice of motion by defendant for discovery and
for bill of particulars, ret'ble 10-21-85, filed
10-7-85.
37 10-9-85 Notice of motion by defendant for dismissal of
indictment, ret'ble 10-21-85, filed 10-7-85.(P.O.
& Brief sub. )
38 10-9-85 Notice of motion to suppress certain evidence,
ret'ble 10-21-85, filed 10-7-85. (P.O. sub.)
39 10-9-85 Certification of Alan Silber, Esq., filed 10-7-85.
40 10-9-85 Certification of service, filed 10-7-85.
41 11-15-85 Notice of motion by defendant to take depositions
of certain individuals out of the U.S. at gov't
expense ·w/attachments, ret'ble 11-18-85, filed
11-14-85. (P.O. & brief sub.)
42 11-15-85 Notice of motion by defendant to take deposition of
certain individuals out of the U.S. at gov't
expense, ret'ble 11-18-85, filed 11-14-85.(P.O. subl
AD 256A Interval Start Date Ltr. Tc
(per Section 11) End Date Code 0,
CRIMINAL DOCKET t\ U. S. vs
V LAKBIR MOULAY ISMAILI - 246
Docket No.
/ V. EXCLUDABLE DEL
DATE PROCEEDINGS (continued)
(al (bl (cl
1-----~(Document No.) -------------------------1---"-..:....+--'-'---+--'-"'-+-
11-15-85 Notice of motion by defendant to delay deft's motio1
to dismiss indictment and trial until completion of
discovery, ret'ble 11-18-85, _filed 11-14~85.(PO sub
44 11-15-85 Notice of motion by defendant to compel ~ov't to ..., ,·
assist defendant in obtaining foreign documents, 1 ;_

ret'ble 11-18-85, filed 11-14-85. (P.O. sub.)
45 11-15-85 Notice of motion by defendant to compel certain
discovery, ret'ble 11-18-85, filed 11-14-85.(PO sub
46 11-15-85 Certificate of service, filed 11-14-85.
47 11-18-85 Order sealing affidavits by AUSAs Robert Kurzweil
and Judith Flood dated 11-8-85, filed.(Thompson)nm
-•.; 11-19-85 STATUS CONFERENCE: re motions and trial status.
(Thompson, 11-14-85)
48 12-5-85 Notice of motion by deft. to compel production of I
certain document, ret'ble 1-6-86, filed 11-27-85. ~ ,-
/ 2-· -z 1-y-,
49 12-5-85 Notice of motion by deft. for leave to renew motion
to dismiss indictment, ret'ble 1-6-86, filed
11-27-85.
50 12-5-85 Notice of motion by deft. for reconsideration of
motion to take certain depositions, ret'ble 1-6-86
filed 11-27-85. (Brief sub.)
51 12-5-85 Certificate of Service, filed 11-27-85.
52 12-5-85 Affidavit of Josiah Thompson, filed 11-27-85.
53 12-5-85 Affidavit of Josiah Thompson, filed 11-27-85.
54 12-5-85 Certificate of service, filed 11-27-85.
55 1-31-86 Exhibits A,B,C,D to affidavit of Josiah Thompson,
filed 1-30-86.
56 1-31-86 Notice of motion by defendant for certain discovery
ret'ble 2-18-86, filed 1-30-86. (R'S))
57 2-3-86 Certificate of service, filed.
3-3-86 Hearing on motions by deft. to compel production
of certain document; for leave to renew motion to
dismiss indictment and for reconsideration of
motion to take depositions. Decision reserved.
(Thompson, 2-18-86)
58 3-3-86 Order denying deft's motions:to dismiss indictment;
to be furnished grand jury minutes; for in camera
inspection of grand jury minutes; for evidentiary
hearing and to strike certain word from indictment
filed 2-28-86.(Thompson)(n/m)
59 3-3-86 Order denying deft's motion to compel govt's assist
in obtaining foreign docs at gov't expense, filed
2-28-86.(Thopson)(n/m)
60 3-3-86 Order denying deft's motion to compel certain
discovery, filed 2-28-86.(Thompson)(n/m)
61 3-3-86 Order denying deft's motion to delay consideration
of motion to dismiss until certain discovery
completed, filed 2-28-86. (Thompson)(n/m)
62 3-3-86 Order denying deft's motion to depose witnesses
outside of U.S. at gov't expense, filed 2-28-86.
(Thompson) ( n/m)
63 3-3-86 Order denying deft's motion to dismiss indictment,
filed 2-2B-86.(Thompson)(n/rn)
AO 256A Interval Start Date Ltr. Tot
(per Section 11) End Date Code Da\
CRIMINAL DOCKET
/ DATE PROCEEDINGS (continued) V. EXCLUDABLE DELAY

{a) (bl (cl (d)
1-------+-(Document No.) - - - - - - - - - - - - - - - - - - - - - - - - - - + - - + - - - - - ' - - - - - , f - - ' . . . . . : . . . . i - - ' - ' - - ' -
3-4-86 Hearing on motions of deft. for further discovery
of documents; to delay consideration of deft' s m · - .:
motion to dismiss the indictment until completion
of discovery and after a hearing on newly discoverEd
evidence; to renew a request to depose witnesses
outside the United States and to re~uire the .,
government to bear the expenses of depositions.
DECISION RESERVED. (Thompson, 2-28-86 ).. -.
3-13-86 (64) Letter by Judge Thompson to counsel re: gov't
to provide certain affidavits to defense counsel,
filed 3-12-86.
5-16-86 65 Order reassigning action from Judge Thompson to
Judg~ Brown, filed 5-14-86.(Fisher)(NM)
5-30-86 b6 Application by deft. for permission to enter a
guilty plea, filed 5-29-86.
5-30-86 b7 PLEA AGREEMENT, filed 5-29-86.
6-4-86 PLEA: The deft. retracted his plea of Not Guilt}
· and entered a plea of Nolo Contendre to ccunt 16
of the indictment.
Ordered sentence date scheduled for July 14, 1986@ 9:30
am.
Ordered Bail continued.(Brown/5-29-86) _
8-5-86 68 Affidavit of David E. Jenkins, filed.
8-5-86 69 Affidavit of Luther E. Roberts, filed.
8-5-86 70 Affidavit of Gary S. Knight, filed.
8-5-86 71 Affidavit of Roland Doane, filed.
8-5-86 72 Affidavit of Richard S. Kidder, filed.
8-5-86 73 Affidavit bf Catherine J. Diehl, filed.
8-5-86 74 Affidavit of Shirley E. Lant, filed.
8-5-86 75 Affida~it of Karl M. Kleinberg, filed.
8-5-86 76 Affidavit of James W. Maxey, filed.
8-5-86 77 Telecopy ·-Affidavit of William E. Borden, filed.
8-5-86 78 Affidavitsof Lawrence Scott Griffiths, filed.
8-5-86 79 Affidavit of N. James Swanson, filed.
8-5-86 80 Affidavit of Rose Iannone, filed.
8-5-86 81 Affidavit of Thomas J. Hessert, Jr., filed.
8-5-86 82 Affidavit of William L. Cutte~, filed.
8-5-86 83 Affidavit of Joseph H. McErlean, filed.
8-5-86 84 Affidavit of W.L. Warrick, filed.
8-5-86 85 Affidavit of Alfred DeCristofer, filed.
8-5-86 86 Affidavit of Joseph W. Gallagher, filed.·
8-5-86 87 Affidavit of A.C. Dellinger, filed.
8-5-86 88 Affidavit of Richard W. Strefling, filed.
8-5-86 89 Telecopy Affidavit of Scott T. Chapman, filed.
8-5-86 90 Telecopy Affidavit of Herbert Snyder, filed.
8-12-86 SENTENCE: On Count 16, defendant is to pay a fine cf ~1,000.00
to be paid by August 31. 1986. Impositicn cf
sentence as to imprisonment only, suspenced,
and the defendant is placed on probation fo1
a period of Five (5) Years.
SPECIAL CONDITIONS: 1. Defendant must mal<e full
restitution of $43,210.80. to the victim:-co1poratiors
oy'.August 31, 1986. The defendant is to comply
,,r; +-h +-hi=> rP~t- it- i ution order or stand in ~ io ation ( cc n' )
1
AO 256A CON'T Interval Start Date ltr. Tota

(per Section II) End Date Code Day
CRIMINAL DOCKET ~U.S."
Lakbir Moulay Ismaili ► 84-00246-001
,, ";!:
Yr. Docket No. Det

1 1
DATE PROCEEDINGS (continued) V. EXCLUDABLE DELAY

------+-(Document No.) - - - - - - - - - - - - - - - - - - - - - - - - - - - : i - - : = ( a ~ )+--_.:(~bl~_µ<c:.!...l~(d~)
8-12-86 SENTENCE CON'T:
of probation. 2. The defendant must provide th P~obation
Department upon request all employment and/or financial
records and must submit copies of federal tax retu~ns
for each tax year during the probational term.
3. The defendant must notify the Probation Department
with evidence that he has contacted IRS to determine
if he has to file income tax returns for the years
in question.
It is the recommendation of the Court that the
defendant not be deported. (Brown/8-4-86)
8-12-86 ( 91JUDGMENT AND PROBATION:_.:• ORDER, ·filed. (Brown) (NM)
8-13-86(92) NOTICE OF APPEAL by deft. from Judgment & Conviction
Order entered 8/12/86 filed. Notice to Clerk, USCA;
L~k~ir Moulay Ismali, prose deft., 1180 Bimini Lane,
Riviera Beach, Fl. 33404; Robert Kurzwell, AUS~,
U.S. Courthouse & P.O. Bldg., Trenton, NJ 08605
8~-86 RECORD ON APPEAL FORWARDED TO CLERK, USCA. (Counse
notified)
10-9-86 (93)Transcript of Conference Call Motions taken on
5-30-86, filed.
10-9-86 (94)Transcript of Conference Call Motions, taken on
2-18-86, filed.
10-9-86 (95) Transcript of Motions taken on 2-25-86, filed.
10-9-86 RECORD COMPLETE FOR PURPOSE OF APPEAL(pty's notified}
12-16-86 96 Order dismissing counts 1-15 and 17 of indictrne~t
filed. (Brown) (NM) '
3-13-87 (97) Cert. copy of order of USCA denying appellant's motion
to unseal affidavits, filed 2-25-87.
3-30-87 (98)Transcript of sentencing taken on 8-4-87, filed
3-30-87 FIRST SUPPLEMENTAL RECORD ON APPEAL FORWARDED TO USC'A, Ptys.
notified)
AO 256A Interval Start Date Ltr. Total

(per Section 11 I End Date Code Days
~,.
AO 245 (Rev. 8/87) Judgment in a Crim-,~~,· t]ase
Bnitth @>tatcs Etstrid Qtnurt

_ _ _ _ _ _ _ _ _ DISTRICT OF NEW JERSEY

V. JUDGMENT IN A CRIMINAL CASE
STEJN LUNDEGAR
Case Number: CR. 83-199
Solnavej 2
Soborg 2860
Copenhagen, Denmark
Roger Bernstein, Esq.
(Name and Address of Defendant)
THE DEFENDANT ENTERED A PLEA OF:

[fi guilty □ nolo contendere] as to SfRW~Mlx)x_Su_,p, _e_r.::.. .c.::.. .e.::.. .dc.. .::i:.:.n::.. g'------=I.:. :n.:::.. f.:::.. orm==a=.ct::..:i::..::o::.:.n~___________ , and
□ not guilty as to count(s) _ _-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
THERE WAS A:
[□ finding □ verdict]ofguiltyastocount(s) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
FILED
DEC 23 1991
THERE WAS A:
[□ finding □ verdict] of not guilty as to count(s) _ _ _ _ _ _ _ _ _ _ ____..:,_:A.: . :8::.:.:3=..;0~."""'
t ·•...,.·=·.....
· •....·......·..,.··.....·..,.,·.,.,··_·_·_.M_ _
□ judgment of acquittal as to count(s) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ w_rL_L--;IAf'IMriaT;e.~W_A_LS_A_ _ __
The defendant is acquitted and discharged as to this/these count(s).
THE DEFENDANT IS CONVICTED OF THE OFFENSE(S) OF: on

TH~ OCCHT
21:843(b) - Use of a Communication Facility in Commission of a Felony. on / ;2. -.2t:: 19_9/
:ilUArv~Rk
8
(Deputy r.terk)
IT IS THE JUDGMENT OF THIS COURT THAT: The defendant be corrnnitted to the custody of the
Attorney General of the United States or his authorized representative for imprisonment for
a term of four (4) years and on the condition that the defendant be confined in a jail type
institution for a period of 119 days, the execution of the remainder of the sentence of
imprisonment is hereby suspended and the defendant is placed on probation for five (5) years
to commence upon his release from confinement upon the following terms and conditions:
1. That the defendant not commit any crimes, federal, state or local.
2. That the defendant abide by the standard conditions of probation recommended by the
Probation Office.
3. That the defendant be required to notify the U. s. Probation Office prior to any return by
the defendant to the United States, if granted a transfer of supervision pursuant to the
convention or transfer of sentenced prisoners.
Ordered that the defendant be given credit for time served.
In addition to any conditions of probation imposed above, IT IS ORDERED that the conditions of proba-
tion set out on the reverse of this judgment are imposed.
-----
/>3
-------------------------------x
- V - 83 Cr. 199
STEN LUNDEGAR,
Defendant.
-------------------------------x
ORDER PERMITTING TRANSFER OF PROBATIONER
Defendant Sten Lundager, by his counsel, Roger J.
Bernstein, having moved the Court for assent to his transfer
from the United States to Denmark pursuant to 18 u.s.c. §
4104(f) on the grounds that he is on probation, and the United
States Attorney having ~~~esented that it does not oppose such

transfer, it is this /0~ of December, 1991 hereby
ORDERED that this Court assents to the transfer of
probationer Sten Lundager to Denmark for the balance of his term
of probation, on condition that he notify the Probation Office
of this Court (either personally or through counsel prior to any
return to the United States.
Dated: Trenton,~~~ Jersey

December/b'"-T 1991
ENTEiiE.O on
THE DOCKET
on / ,,2 -.2o 19 7/
W!LUAM~H,~rnr:-
AtS:30 ..................M 8y ~
WILLIAM T. WALSH (Deputy Clerk)
CLERK
~inutcs o! Proceedir'~
I
Trenton
--
Office
12/18/91
Date 0£ Proceedings
Judge GARRETT E. BROWN, JR._, 12/18/91
Electronic Sound (Returnable Date of Motion)
~ Reporter Bill Carothers
Courtroom Deputy · (Date Motion Filed)
JoAnn F. Mattis.
Title of Case:
Docket t: CRIM. 83-199
UNITED STATES OF AMERICA (Arbitration--Yes No
-vs-
STEN LUNDAGER
Appearances:
By:
Bruce Levy, AUSA FILED
Roger Bernstein, Esq., for Deft.
DEC 1 8 1991
At o ..jo--lV\
WILLIAM T. WALSH
Clerk
Nature of Proceeding: Sentence
Acknowledgment of Review of P.S.I. Report, executed

Sentence:
Ordered that the deft. be committed to the custody of the AG of the US or his
authorized representative for imprisonment for a term of 4 yrs and on the
condition that the deft. be confined in a jail type institution for a period
of 119 days, the execution of the remainder of the sentence of imprisonment is
hereby suspended and the deft. is placed on probation for 5 yrs. to commence
upon his release from confinement upon the following terms and conditions:
1. That the deft. not corrimit any_crimes, federal, state or local.
2. That the deft. abide by the standard conditions of probation recommended
by the Probation Office.
3. That the deft. be required to notify the U.£.P.O. prior to any return by tl
deft. to the US, if grante~ a transfer of supervision prusuant to the conventi1
or transfer of sentenced prisoners.
Ordered credit for time served.
Special assessment of $50.00 is imposed.
Order entered permitting transfer of probationer.
Adjourned to: _ _ _ _ _ _ _ _· Time Commenced: 3:00pm Time Adjourr.ec3:15pm
cc: Chambers
U.S. Depi nent of Justice

9il'J 8road Stret•t. Room 502 20/162/-2700

Newark. Ne11· J,•rJe_,·. 07102 FfS/348-2700
BL:os
October 30,
Roger J. Bernstein, Esq.

530 Fifth Avenue, 10th Floor
Re: Plea Agreement with Sten
Dear Mr. Bernstein:
This letter sets forth the full and complete agreement between
Sten Lundegar and the United states Attorney for the District of
New Jersey. This agreement supersedes the previous agreement,
dated October 18, 1991, between Sten Lundegar and the United States
Charge/Sentence and Other Penalties

Conditioned on the understandings specified below, the United
States will accept a guilty plea from Sten Lundegar to an
Information, which charges a violation of 21 u.s.c. § 843(b). That
statute carries a maximum penalty of 4 years' imprisonment and a
$30,000 fine. All fines imposed by the sentencing court are
subject to the payment of interest.
If Sten Lundegar enters a guilty plea as detailed above and

is sentenced on this charge, the United States Attorney for the
District of New Jersey will not bring any further charges against
Sten Lundegar relating to the importation, possession or
distribution of cocaine and Thai Sticks from 1977 through 1979.
In addition, at the time of sentencing in this matter, the United
states will move to dismiss the indictment, Criminal No. 83-
199 (GEB), against Sten Lundegar.
Rights of U.S. Attorney's Office at Sentencing
The sentence to be imposed upon Sten Lundegar is within the

sole discretion of the sentencing judge. This office cannot and
does not make any promise or representation as to what sentence
Sten Lundegar will receive, nor will it recommend any specific
October 30, 1991
disposition. However, this Office will inform the sentencing judge

and the Probation Office of: (1) this agreement; (2) the nature
and extent of Sten Lundegar's activities with respect to this case;
and (3) all other information relevant to sentencing, favorable or
otherwise, in the possession of this office. In addition, this
Office specifically agrees that, should Sten Lundegar receive a
sentence of imprisonment on his guilty plea to the one-count
information charging a violation of 21 u.s.c. § 843(b), this Office
will not take any position with respect to Sten Lundegar's
application to the Department of Justice for transfer to Denmark
of his sentence of incarceration, pursuant to the Convention on
Transfer of Sentenced Prisoners. Moreover, should Sten Lundegar
receive a term of probation or supervised release as part of his
sentence in this matter, this Office will not oppose Sten
Lundegar's request that he be allowed to serve such a term of
probation or supervised release in Denmark, with the understanding
that, should such request be granted, Sten Lundegar would be
required to advise the United States Probation Office prior to any
return by Sten Lundegar to the United States.
The United States specifically reserves the right to correct
factual misstatements relating to sentencing proceedings and to
oppose any application by Sten Lundegar for a reduction of sentence
pursuant to Rule 35 of the Federal Rules of Criminal Procedure.
Other Provisions
This agreement is limited to the United states Attorney's

Off ice for the District of New Jersey and cannot bind other
federal, state, or local prosecuting authorities. However, this
Office will bring this agreement to the attention of other
prosecuting offices, if requested to do so.
Finally, this agreement was reached without regard to any

civil matters that may be pending against Sten Lundegar, including,
but not limited to, proceedings by the Internal Revenue Service
relating to potential civil tax liability.
This agreement constitutes the full and complete agreement

between sten Lundegar and the United states Attorney for the
District of New Jersey. No additional promises, agreements, or
October 30, 1991
conditions have been entered into other than those set forth in
this letter, and none will be entered into unless in writing and
signed by all parties.
Very truly yours,
MICHAEL CHERTOFF
United Stat~ttorney
~A .
By: BRUCE z 4
~EVY !:£4_
I have received this letter from my attorney, Roger J.

Bernstein, Esq., and have read it and I understand it fully. I
hereby acknowledge that it fully sets forth my agreement with the
Office of the United states Attorney for the District of New
Jersey. I state that there have been n additional promises or
representations made to me by any of als employees of the
United States Government or by my att nection with this
matter. ~
STEN LUNDEGAR
. BERNSTEIN, ESQ.
Counsel for Sten Lundegar
Dated: l ( - 7 - 'f I
APPLICATION FOR PERMISSION

v. TO ENTER PLEA OF GUILTY
(Defendant with Counsel)
(Defendant's Name) (Waiver of Indictment)
(Guidelines)
S ,EIV Luw OE &-kt,(_ , hereby certifies as follows:

(Defendant's Name)
1. My full name is 5~"'-. llJ.,V\.J. °'~er
and I request that all proceedings against me be held in that
name.
2. I understand that the Constitution and laws of the United
States guarantee me the right to be represented by a lawyer
at every stage in these proceedings, including any trial on
these charges, and that if I cannot afford to hire a lawyer,
the Court will provide one for me.
3. I have a lawyer who is representing me in this proceeding.
My lawyer's name is j<o~-n. -s "3c?"{.NSfl:'l,J I am
satisfied that I have had enough time to discuss this matter
with my lawyer.
4. My date of birth is 6 /IO/ I/ 7 I [am] [ am not]
married and I have d children.
s. English[~ [is not] my native languag~ My formal
education stopped after [grade] Slit ~l:;JiJ I am presently
/f'Unemploy~mpl~ as a dJA,,,;.,_. h~ 6£Yi-dADdA , •
C_ ~ - '(occupation]
6. I have taken [no] [41.he folldwlng•] drugs or medication within
the past twenty-four hours.,_ _________________
7. I ~a.c! [have never] peen a patient in a mental hospital or

institution. I[""-] [do not) believe that at the present
time I am mentally ill or mentally incompetent in a~y
respect.
8. I received a copy of the Complaint/Indictment/fu_ormat.ion)
before being called upon to plead. I have read and discussed
it with my lawyer. I understand that the substance of the
charge(s) against me is that~--<-
WAIVER OF INDICTMENT (IF APPLICABLE)

9. My lawyer has explained to me that I have a constitutional
right to be charged by an indictment of a grand jury but that
I can waive that right and consent to being charged through a
criminal Information filed by the United States Attorney.
10. I understand that unless I waive indictment I may not be

charged with a felony unless a grand jury finds by.return of
an indictment that there is probable cause to believe that a
crime has been committed and that I committed it.
11. I also understand that if I do not waive indictment, the
government may present the case to the grand jury and request
the grand jury to indict me.
12. I understand that a grand jury is composed of at least 16 and
not more than 23 persons, that at least 12 grand jurors must
find that there is probable cause to believe that I committed
the crime. I also understand that the grand jury may or may
not indict me.
13. I further understand that by waiving indictment by the grand

jury, the case will proceed against me on the United States
Attorney's Information as though I had been indicted.
14. My attorney has discussed the nature of the charges(s)

against me and waiving my right to indictment thereon by
grand jury, I fully understand those rights, and I wish to
waive indictment by grand jury.
15. My decision to waive indictment by grand jury is made

knowingly and voluntarily, and no threats or promises have
been made to induce me to waive indictment.
2
THE GUILTY PLEA
16. I have told my lawyer all the facts and circumstances known
to me about the charge(s) set forth in the
Complaint/Indictment/Information.
17. I am satisfied that my lawyer understands the information
which I have provided, and that my lawyer has counselled and
advised me on the nature of each charge and on all possible
defenses that I might have in this case.
18. In addition, my lawyer has explained to me, and I understand,
that if I entered a plea of NOT GUILTY (or persisted in my
plea of NOT GUILTY), under the Constitution and laws of the
United States I would be entitled to a speedy and public
trial by a jury of twelve persons on the charge(s) contained
in this Complaint/Indictment/Information.
19. My lawyer has explained to me, and I understand, that at such
a trial the jury would be told by the judge that I am
presumed to be innocent, and that the Government would be
required to prove me guilty of the charge(s) against me
beyond a reasonable doubt. I understand that I would not
have to prove that I am innocent, and that I could not be
convicted unless all twelve jurors voted unanimously for
conviction.
20. My lawyer has explained to me, and I understand, that if I
went to trial on these charge(s), the Government would have
to produce in open court the witnesses against me, and that
my lawyer could confront and cross-examine them and object to
evidence offered by the Government.
21. My lawyer has further explained to me, and I understand, that
I have the right to produce witnesses and could offer
evidence in my defense at a trial on these charge(s), and
that I would have the right, if I so chose, to testify on my
own behalf at that trial; but if I chose not to testify, the
jury could draw no suggestion or inference of guilt from that
fact.
22. My lawyer has explained to me, and I understand, that if I
plead GUILTY to any charge(s) in this Qe~laint/Indictntefft/
Information and the judge accepts my plea, I WAIVE MY RIGHT
TO TRIAL AND THE OTHER RIGHTS SET FORTH IN PARAGRAPHS 18, 19,
20 and 21 ABOVE. I am aware and understand that if my GUILTY
plea is accepted, there will be no trial and a judgement of
GUILTY will be entered after which, the judge, upon
consideration of my presentence report, will impose
punishment upon me. I understand that if I plead GUILTY, the
judge may impose the same punishment as if I had pleaded "not
guilty", went to trial and was convicted by a jury.
3
23. My lawyer has also explained to me, and I understand, that if
I plead GUILTY, I WAIVE MY RIGHT NOT TO INCRIMINATE MYSELF.
I understand that the judge will ask me what I did and I will
have to acknowledge my guilt as charged by setting forth my
actions so that the judge is satisfied that I am, indeed,
guilty. I understand that any statements I make at the time
I plead GUILTY, if untrue and made under oath, can be the
basis of a perjury prosecution against me.
punishment which the law provides the offense(s) charged
in this Complaint/Indictment/ nformation is:
A MAXIMUM OF L/ years imprisonment and a fine of
$ 50,ffl>"b for the offense(s) charged in Ceuftt(s)
-+1-1~ i'"1.-tor"1--l0-lti ol-) • My lawyer has further explained, and I
understand, that there is ® [.-r-] mandatory minimum
punishment of ~ years .unprisonment and [ ~ [a]
mandatory minimum fine of$ _______ for the offense(s)
charged in C::--ouat ( & ) -rl.e.. ( "+u .,..,,., evb a V1
I understand that if I plead GUILTY to Count(s) of the
Complaint/Indictment/Information, I face a maximum sentence
on those counts of '-I years imprisonment, plus an
aggregate fine of $3q~ My lawyer has additionally
explained, and I unde'rstand that in addition to or in lieu of
the penalties already discussed, I may be ordered to make
restitution to any victim of the offense and that the Court
may require me to make a restitution in services instead of
money or to make restitution to a designated third person or
organization instead of the victim. I understand that in·
determining whether to order restitution and the amount of
restitution the Court will consider the amount of the loss
sustained by any victim as a result of the offense, my
financial resources, the financial needs and earning ability
of my dependents, and any other factors as the Court deems
appropriate.
I understand that I will be assessed $50 for each felony upon
which I am sentenced and $25 for each misdemeanor, if any.
government, (Federal, State or local), nor my lawyer, nor any
other person, has made any promise or suggestion of any kind
to me, or within my knowledge to anyone else, that I will
receive a lighter sentence, or probation, or any other form
of leniency if I plead GUILTY. My lawyer has explained, and
I understand, that only the judge may decide what punishment
I shall receive, and that if any person has told me
otherwise, that person is not telling me the truth.
4
IF~ SENTENCING GUIDELINES CASE: Please answer 26 thr
34. f not, go directly to 35.
26. I understa d that I will be sentenced according to e
Sentencing uidelines pursuant to the Sentenzing form Act of
1984, since offense(s) occurred on or after N ember 1,
1987.
27. I have discussed with my attorney how
might apply to my case.
:zh
S tencing Guidelines
28. I understand that tli Court will not b a to determine the

sentence for my case ntil after t ~ eresentence Report has
been completed and bot. I and the ernment have had an
opportunity to read the eport and challenge any facts reported
by the probation officer. /
29. I further understand that a e i i t has been determined which
guideline range applies tom case, the judge has the authority
to impose a sentence more ve e (up to the statutory maximum)
or less severe than the s tenc provided by the guidelines.
30. I understand that the urt may be bound to impose a fine in
accordance with both tatutory requi~ments and the Sentencing
Guidelines. . ~
31. I understand under.some circumstan s I or the Government
may have the t to appeal any sentence imposed.
32. that parole has been abolished nd if
prison I will not be released on
33. I furth understand that the Court may impose a of
superv·sed release to follow any term of impriso and that
any elation of that term of supervised release m result in
an dditional term of imprisonment. I understand th t am
s ject to a te , - f supervised r e l eof a ~ e year r not
ess than _ _,..._#year(s) but not more tha years
34. I underst a that I will have no rigp to withd w my plea on
the gro as that anyone's predictij>fi as tot guideline range
or ex ctation of sentence pro//inaccurate.
5
PLEA AGREEMENT

threatened in any manner by any person to plead GUILTY to
these charge(s). Nor have I been told that if I refuse to
plead GUILTY, other persons will be prosecuted.
36. There [has] [aae M>t] been a plea agreement entered into
between me and the United States Attorney, by Assistant
United States Attorney @ltvl.'7 A-. Levy
(name)
The plea agreement does not exist in written form.
The plea agreement does exist in written foDJl. I have
read it or have had it read to me in ~fj;=--~~~-Y->~>_c...,_-,-__
(LANGUAGE). My lawyer has explained it lo me and I
understand it.
37. The
J.
38. My lawyer has explained to me, and I understand, that the
terms of the plea agreement might be unacceptable to th~
judge. If the judge does not accept the terms of the
agreement, I understand that I may withdraw my GUILTY plea or
go ahead and plead GUILTY anyway. If, after the judge
informs me that the plea agreement is unacceptable, I
continue in my desire to plead GUILTY, I understand that the
disposition of my case may be less favorable than that
proposed in the plea agreement.
39. I believe that my lawyer has done all that anyone could do to
counsel and assist me, AND I AM SATISFIED WITH THE ADVICE AND
HELP MY LAWYER HAS GIVEN ME.
40. I know the judge will not permit anyone to plead GUILTY who
claims to be innocent, and with that in mind and because I am
GUILTY, I respectfully request that the Court accept my plea
of GUILTY and to have the Clerk enter my plea of GUILTY as
follows:
To Count ( s) CJM
Information._,.__.__ _ _ _ _ __ of this aQll\plaint/Ltdlt!ciuent/
41. I offer my plea of GUILTY freely and voluntarily and of my

own accord with full understanding of all matters set forth
in the GomplaiRt/Information/Iodictment, in this application,
and in the certification of my lawyer which is attached to
this application.
6
42. I further declare that I wish to waive the reading of the
Complaiat/Indiat.Hont/Information in open court, and I request
the Court to enter my plea of GUILTY as set forth in
Paragraph 40, above.
43. The following person(~~if a&- assisted me in c o m p l ~
this application: ~et VLa19-1), + [MIM&<R. .
I hereby certify that the foregoing information and

statements herein are true. I am aware that if any of the
foregoing statements made by me are wilfully false, I am subject to
punishment.
o p e ~ ~ h e presence of my lawyer this

of ~ , 19jJ.
~~q_)--
Defendant
7
~~FICATION OF COUNSEL
--,-VJ/'/((},,{ hereby certifies that:
1. I am an attorney at law of the State of <../f>./k Ah(.)J

and have been [retained by] [.aeeigned ~e~pfe&~L] the
defendant ~ ~~-:.,:__ , in
r:;-, .
2.
-
Magistratelcrlminal N ~ -
I have read and fully explained to the defendant the
allegations contained in the 0empla:i:-n~~Lndi~bneDt:/
Information.
representations, and declarations made by the defendant in
the foregoing Application are in all respects accurate and
true.
4. (IF APPLICABLE) In my opinion the defendant's waiver of
indictment by grand jury is voluntarily and knowingly made,
and I recommend to the Court that the waiver be accepted by
the Court.
5. In my opinion the defendant's waiver of reading the
Indictment/Information/Complaint in open court as provided in
Rule 10 is voluntarily and knowingly made, and I recommend to
the Court that the waiver be accepted by the Court.
6. I have explained the maximum and any mandatory minimum
penalty for each count to the defendant. I have explained to
him that he may be ordered to make restitution under the
Victim and Witness Protection Act.
7. (IF ve explai that
sent ill be
:s t --- ®
8. The plea of GUILTY offered by the defendant in Paragraph 40
accords with my understanding of the facts related to me and
is consistent with my advice to the defendant.
9. In my opinion the plea of GUILTY as offered by the defendant
in Paragraph 40 of this Application is voluntarily made with
understanding of the consequences of the plea. I recommend
that the Court accept the plea of GUILTY.
above named, and after full disclosure of the contents of this
CJf:~1::ation to the defend~nt, this -~It-----"- day of
-'tt-H~-b~----F~~t--,_, 19 9 l .
At
WAIVER2.APP
BAL/830074

UNITED STATES OF AMERICA : Criminal No. 83-199 (GEB)

-..,,nn E[f'
v. [.., U·-= ~ U Honorable Garrett E. Brown
STEN LUNDEGAR 21 U.s.c. § 843(b)
18 u.s.c. § 2
r.t a:so SUPERSEDING INFORMATION
V\iiLL!i\fv1 T. \1\/ALSl-l
CL:~;\
The defendant having waived in open court prosecution
by indictment and having waived venue, the United States Attorney
for the District of New Jersey charges:
In and around August 1978, by means of interstate
communications facilities in New York, New Jersey, and elsewhere,
the defendant
STEN LUNDEGAR
knowingly and intentionally did use a communications facility,
namely, a telephone, to facilitate a conspiracy to distribute and
to possess with intent to distribute controlled substances, in
particular, cocaine, a Schedule II narcotic drug controlled
substance, and thai sticks, a Schedule I controlled substance, a
felony violation of Title 21, United States Code, Section 846.
843(b), and Title 18, United States Code, Section 2.
AO 455 (Rev. 5/85) Waiver of Indictment ID
!tJH£0 ~taks ~ istr!;wt J~?'yurt

------------------DISTRICT OF------------------

V. W AIYER OF INDICTMENT
STEN LUNDEGAR
CASE NUMBER: [ ' f --1 'i ,

Sten Lundegar
I, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , the above named defendant, who is accused of
knowingly and intenionally using a communicatious facility, namely,
a telephone, to facilitate a conspiracy to distribute and to possess
with intent to diStribute.,controlled substances, in particular,
cocaine, a Schedule II narcotic drug controlled substance, and
thai sticks, a Schedule I controlled substance, a felony violation
of Title 21, U.S.C. § 846, in violation of Title 21, U.S.C. § 843(b),
and Title 18, U.S.C. § 2.
being advised of the nature of the charge(s), the proposed information, and of my rights, hereby waive
November 4, 1991
in open court on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ prosecution by indictment and consent that the
Date
proceeding may be by information rather than by indictment.
Judicial Officer
GARRETTE. BROWN
/~/ i"_/
~
._)
TRENTON
Office
11
Date of Proc~12dings
/df/~~~~-~-
Jucge GARRETTE. B~OWN, JR.
(Returnable .Date ot Motion)
Electronic Sound ~ ~~ •
<Za!~:it:x Reporter Vtnc-11 /Jr C'(C.rr1c;,,/c
(Date .Motion Filed)
Courtroom Deputy JoAnn F. Mattis
~~1Cfef
Title of Case:
UNITED STATES OF Al-'..ERICA Docket ~: CP..IH. ~3- /'/'j
-vs- (A.=-bitration--1es No
Appea.=-2.nces:
UNITED STATES .ATTORNEY
By:
13 rc i..ta.. e
,1/)q e If.
·ua
n tur e o_-f p' ..r..-oc e ""'-a· i· ng •• WaJ... ver -
OI I n d.J..c ..__
w:nen t/Pl._ea ·c.o
· ·r
_.n:c- 0.:0::2.·c:v.:,::.1
· •
Ordered Deft. sworn

Deft_ Waived Indictment
Infonnation £ i l e d ~ ~ /
Plea: Guiltv to · ~
--r--~
Terms of pl;a ag_r_e_e_m_e--H-'t--r-e_a_c_i--++o- th_ Reco::=d
Ordered plea agreement approved ·
Ordered plea accepted
Ordered sentence date set for 1-13-92 at 1:00 pm
Ordered ~ detention continued until further order of the Court.
~ns-enT o,e.,~e-
Disposition: ~vt bnJJII~ "ti
Adjourned to:
--------
Minutes of Proceedt ·s
TRENTON 11-4-92
Office Date of Proceedings
Judge GARRETTE. BROWN, JR., U.S.D.J. 10-25-91
(Returnable Date of Motion)
Electronic
Sound Reporter_ .. Bill Carothers 10-21-91
(Date Motion Filed)
Courtroom JoAnn F. Mattis
Deputy·-·-
Title of Case:
Dock~t #:. CRIM 83 199',f◄ B
(Arbitration--Yes o
UNITED STATES V. STEIN LUNDEGAR
Appearances:
BRUCE LEVY, AUSA, FOR THE GOVT.
ROGER J. BERNSTEIN OF BERNSTEIN & MILNER FOR THE DEFT, LUNDEGAR.
/~ ·,0, ,.
~:' ')
fr,...
/.·> IJ I ' '
Nature of Proceeding: '._.-..,() · '· 1
l v/1/.. hl{I,
¼
HEARING ON MOTION BY DEFT FOR: '2,'.:f?. t11.1

1. TO DISMISS THE INDICTMENT FOR " SPEEDY'•irffd:~t.; .. VIOLATIONS
2. TO DISMISS CTS 2 - 7 FOR VIOLATION OF VENUE REQUIREMENTS
3. TO DISMISS CT 1 FOR DUPLICITY
4. TO DISMISS CTS 3 and 4 AS TIME-BARRED.
5. IN THE ALTERNATIVE, TO COMPEL THE GOVT TO TURNOVER ALL BRADY
AND GIGLIO MATERIAL, CERTAIN PSYCHIATRIC RECORDS, AND A BILL
OF PARTICULARS.
and for preclusion of evidence and other relief as referred to
in deft's memorandum of law)
Disposition:
MOrIONS MCOT.
Adjourned to:_~/_l_-~y_ _ __ Time Commenced:

-----Time Adjourned
----
cc: Chambers
(NOTE: Use reverse side for additional information)
. HCINKNANN
UNITED STAT1:s·~01sTRICT COURT
CUTCIIN DISTIIICT 01' NKW YOIIK
-----
■ IIOOta.TN Olfl'ICS:
..,_. cc::on 1 -
aaec....... ~ . . . . . -
.RECEIVED •IIOOII.YIL . . . . . . . . ......
UNIONDM.&OPl'ICS"
..,,ioraN.a MS AT
' IOCll"TCM -, I FQS
\INIONDAl,L NCW ............
Clerk's Office
U.S. Post Office & Courthous
P.O. Box 419
Oct. 22, 1991
RE.: United States va. STEN LUNDEGAR

Ma1istrace Dockec # 91-1446M ( EDNY)
Dear Sir or Madaa:
Enclosed please find certified copies of our entire file in

the above captioned Rule 40 Removal proceeding.
Please acknowledge .receipt of same by mailing back to our

office the enclosed copy of this letter.
Reapeccfully,
~::· ~ fl f::~ Robare c. Heinemann
r. ~: ~\~., t~:,
By: E. MULQUEEN
Deputy Clerk
-
U.S. District Court
New York Eastern (Brooklyn)
CRIMINAL DOCKET FOR CASE#: 91-M -1446-ALL
USA v. Lundegar Filed: 8/22/91
Assigned to: Magistrate John L. Caden
Dkt# in other court: None
STEN.LUNDEGAR Marcia Levy
defendant [COR LD NTC pda]
Legal Aid Society
Federal Defenders Unit
50 Court Street
1103
New York, NY 11201
718 330-1200
Pending Counts:
NONE
Terminated Counts:
NONE
Complaints Disposition
(Removal to District of New
Jersey) Charged in other
district with cocaine
conspiracy & importation in
violation of 21:841
U.S. Attorneys:
Jeffrey R. Toobin
[COR LD NTC]
United States Attorney's Office
Criminal Division
225 Cadman Plaza East
United States Court House
Brooklyn, NY 11201
(718) 330-7100
Docket as of October 22, 1991 12:30 pm Page 1

Proceedings include all events.
l:9lm 1446-ALLUSA v. Lundegar
8/21/91 ARREST of Sten Lundegar (em) [Entry date 09/10/91]
8/22/91 1 COMPLAINT as to Sten Lundegar charging the deft with
cocaine conspiracy & importation, in violation of 21:841,
846 in thes District of New Jersey, filed. (em)
[Entry date 09/10/91]
8/22/91 Added Government Attorney Jeffrey R. Toobin (em)
8/22/91 Magistrate Arraignment as to Sten Lundegar held on 8/22/91
@6:20pm before JLC. AUSA J. Toobin present. Marcia Levy
appointed as LAS counsel. (klog #91/44 3016 to end & 91/45
1 to 76) Deft waives removal hrg & requests that the
question of bail be addressed in other district. Deft is
ordered removed to District of New Jersey, forthwith.
(Defendant informed of rights.) (em) [Entry date 09/10/91]
8/22/91 2 ORDER/COMMITMENT to District of New Jersey as to Sten
Lundegar ( Signed by Magistrate John L. Caden, dated:
8/22/91) (em) [Entry date 09/10/91]
8/22/91 3 WAIVER of Rule 40 Hearing signed by Sten Lundegar &
witnessesd by JLC on 8/22/91, filed. (em)
f PY
l DATE:D Qc-~ra:Iss 1·. _19_
ROBERT C. HEINEMANN
CLERK
Docket as of October 22, 1991 12:30 pm Page 2

.\fa~strate·s Doclcet :,,.; 0 .
l.'stTEO STATES OP' AMERICA ··
·l_ ' :.. . , ' I ·,_.

' J
I. . charged in a pr~eeding pend.i.ag i.o tile
district of . ,..,ith violation of
) I ' f L/ 6/
Eastern.. .:is~r:ct of
. a L: nite~ States !-.tagistrate !or
!':at district. who informed me o{ the ~ha:rg~, ~~.d ofmy right to re:am counsel or ~=q;Jcst :..,e assi~cat of coumcl
..,
., ~ :«·""( . . .. ·; ....
•. 1 :.-· ..
- ~· . . , .
.
f [ am unable to retaio counsel,: and.~~- ha~c iji'cancg· or execute ·a-.wa,vcr thereof. do he:eby waive a he1ring ocfo~
l -· • . '·•. ·~ :f! ~-- :~'~':'J, .•:-Jt, :·:• ._~, !:~
he aforementioned mapstratl and C:0~5ellt. to' the"issuanc'e.,cif a -~arrnn for my ::~oval to t!le
district of
/\
-·-·-----·-=----
COMMITMENT TO ANOTHER DISTRICT

(Rule .-0. Fecie,11 Aulft of Cr,m,n11 Proclldurel
OISTIIICT
I EASTERN DISTRICT OF ~EW ,YORK
: OOCKET NO.
V.
MAGl$TAATI!: CA.SE NO.
~GES AGAINST TM£ OEl"ENOANT AAE l"IL.£0 8AS£0 UPON AN

C: indictment CJ ,nformat10n O complaint . 0 Other lsi:,ecifv}
1ing a violation of u.s.c. ~

IIICT o, O,,INla
I
:AIPTION 01' CMAAGES: .
d
I IS FIXED AT
01S TRICT
TO: THE UNITED STATES MARSHAL
You are hereby eommanded to take custody of the above named defendant and to transport
that defendant with a certified copy of this commitment forthwith to the district of offense as
specified above and there deliver the defendant ·to the United States Marshal for that District or to
some other officer authorized to receive the defendant.
c;;p
RETURN
UNITED STATES MARSHAL

THR:JRT
F.#
LUND.COM
91
EASTERN DISTRICT OF NEW YORK
- against -
STEN LUNDEGAR,
Defendant.
EASTERN DISTRICT OF NEW YORK, SS:
PATRICK QUINN, being duly sworn, deposes and says he is

a Deputy Marshal with the United States Marshal Service, duly
appointed according to law and acting as such.
Upon information and belief, on or about October 2, 1983,

a warrant was issued by the Clerk of the Court for the District of
New Jersey charging the defendant STEN LUNDEGAR, with cocaine
conspiracy and importation, in violation of Title 21, United states
Code, Sections 841, 846 and 952.
The source of your deponent' s information and the grounds
for his belief are as follows:
1. Attached hereto is a copy of a warrant issued on
October 2, 1983, by the Clerk of the Court for the District of New
Jersey charging the defendant STEN LUNDEGAR with cocaine conspiracy
and importation, in violation of Title 21, United states Code,
Sections 841, 846 and 952.
2. On August 21, 1991, I was informed by officials of
the Immigration and Naturalization Service ("INS") that the

2
defendant STEN LUNDEGAR had arrived at John F. Kennedy
International Airport, Queens, New York, earlier that day. The INS
officials stated that a computer check indicated that the defendant
STEN LUNDEGAR was wanted on a federal warrant in N~w Jersey.

3. On the evening of August 21, 1991, I went to John F. /
Kennedy International Airport and met with the defendant STEN
LUNDEGAR. He has confirmed for me and other agents that his name
was STEN LUNDEGAR, and he provided me with his social security
number, date of birth and former address in Fort Lauderdale,

Florida. This number, date or birth and address coincide with
information I received from the United states Marshals in New t

Jersey as being those of the defendant STEN LUNDEGAR. The Marshals
in New Jersey received this information from the Drug Enforcement
Administration, which conducted the investigation which led to
LUNDEGAR's indictment in 1983.

WHEREFORE, your deponent respectfully requests that the
defendant STEN LUNDEGAR be dealt with according to law.
PATRICK QUINN
Deputy Marshal
United States Marshal Service
sworn to before me this
22nd day of August, 1991
D STATES MAGISTRATE JUDGE

ERN DISTRICT OF NEW YORK
AUG 22 '91 9:40 FROM US MARSHAL NEWARK PAGE.003
•
•I ( .
UNITIO SiAT!S Ot= AMEPUCA 111'RATI CAIi NO.

V,
TMCY WONG et.al.
UUIANf IIIIJID ON 'T'HI IAIII o,: •

C Ordar of Coun
II lndfotmtni . C lnform11ion CCofflpl1im
-----~------~o;:1,::=T::,.~,c.~1~u=-,.-::..~"":::•~1T="_ --------------1
vov AAI MIRIQV COMMANO&t') "' .,.,~ ,.,. •MV,..nArnAd c:Hll'IQn Ind brlna that Olnon
t,vCort v,~ U,,1tld States Olmict Cou" to tntwtr to lht char.ge{s) llazld btlow.
: .
I HERtsY.C°ERTifY titM the above and
.. forllQJ.r:as-·is •...\ru~. and ~ect ceipy of
the Ofillnal _O,, 'file: i!} rt,y1Jf.ce.
ATlEST· . _ - . > ::·
WltllAM T-. WAt.SFil,.tlai:k

Unlt*-f ~ - rt.
FILE COPY
, "Nrn:i li-~Tu eoiSl Tiii.i

IN VIOLA'1\0N 011 l 2
.a. MAGIITJIAT
Thi• warrant wa, rtceivtd anct ~tcU11d with. ih1 arrest of th• 1bcM-namtd Dtrson. ·-...
I
.I
p E ~ R E E S H E E_T
___ . .-
Case Number: - - 9 - /-Ii c/C/VI

NAME: L(Last)
u N!)/J 6-£/L (Fi r 1st) (M.I.)
)ate of Birth:
:i tizen of:
~ame of interpreter used today:

4 . \./r-, •
·"-1 ~ ., •.' .
~emoval Proceeding:
--~-- ✓ Yes No ~~ist!l;tct: /II . .:r.
\rrest Warrant Issued: Date Issued~~
(kwarr.)
__...,.,---------
)ate and Time of arrest: V- 2.1 - 'i/ IDP[!l. Deft in custody: Yes No
(kars)
ritle:c:2-~I_ _ _ _ _ _ _ _ _ __ Section(s): ~41, 8~ ~ 1 ~ l/ ~J '15 2-..
3ail set at: Bail hearin date and Time:
(kosetbnd.) (kbndhrg.)
\rraingment on Complaint held: Yes No
------
rime of Arraignment on Complaint:
(kmarr.)
(a) Status Conference Set For:
(b) Preliminary hearing set for:

--.(~k-s~t_a_t_c_n-:f:-:d:-:a=-=1~.-.)~-------------
9r:.~~p11f:COPY
.
:~
-- ____ -::
" ...
( plxmddl.) ( _ATTEST-, \
t\SSISTANT u.s. ATTORNEY: .--;-Io (_ , 0
o:o, ~~n1,:r1::;o
_ ~~\!::!~ ~ -:{-t=b.-:-.u.,+-.1
') l
£,9.9.1_._1fl.-
11
(kgaddatty.) J ..r,,r \ f, R · c, .. ~·:________ \
DEFENSE couNSEL • s NAME: .lA' fAre, • ....
v- ,. L-'" v 1
\ -· • -
, ,1
CU::RK
.,...._,/
li
( kda dd atty. ) ~ BY oEPUTY cLERK l
ADDRESS:
BAR CODE
------ CJA ~ RET. LEGAL AID
TELEPHONE NUMBER:
---------
Excludable delay Code (if any):
------------Start date
End date
SWORN BEFORE ME THIS _Jl-..~__.___DAY OF A7} I 19 C//
~
GV + l)
-,-~·
./lMA~
UNITED ATES MAGISTRATE

UNITED STATES DISTRICT COURT FOR
THE DISTRICT OF NEW JERSEY

FILE[)
v. OCT 21 1981 Criminal No.
83-199 (GEB}
At8:30................. ,M
STEIN LUNDEGAR, WILLIAM T. WALSH
NOTICE OF MOTION
CLERK
Defendant.
TO: Bruce Levy

United States Attorney's Office (.Q
970 Broad Street
..-·-
~v -
---j ·~: .
PLEASE TAKE NOTICE THAT on October 25, 1991, at 1:30 p.m.,
or as soon thereafter as counsel may be heard, defendant Sten
Lundager, through his attorney, Roger Bernstein, shall move
before the Honorable Garrett E. Brown, Jr., of the United States
District Court for the District of New Jersey, at the United
States Courthouse in Trenton, New Jersey, for an order (i}
dismissing the indictment in its entirety for violation of the
Speedy Trial requirements of the Constitution; or (ii} dismissing
Counts 2 -7 for violation of the venue requirements of the
Constitution, (iii) dismissing Count One for duplicity, and (iv}
dismissing Counts 3 and 4 as time-barred by the statute of
limitations. Defendant moves, alternatively, for an order

compelling the government to deliver to the defendant immediately
all requested discovery material, including all "Brady" and
"Giglio" material, all material produced prior to trial to other
defendants, and all records of psychiatric examinations, and also
for an order compelling the government to supply defendant with a
bill of particulars which includes all information requested by
defendant. In support of this motion, defendant shall rely upon
the annexed exhibits and memorandum of law. Defendant also
incorporates herein by reference all applications made in the
attached memorandum of law for preclusion of evidence and for
other relief.

October 10, 1991
BERNSTEIN~~
BY: L._~9-- ~
\o;r/J-.-B-e""'r.,,.n-s=-t=e"""'1:;...·n~--
At torneys for Defendant
Lundager
530 Fifth Avenue
Tel: (212) 768-3171
(RB 9501)
2
. Exhibit A
.,. .
-------------------------------x
- V - 83 Cr. 199
STEIN LUNDEGAR,
Defendant.
-------------------------------x
DECLARATION OF ROGER BERNSTEIN
I make this declaration in support of the pretrial
motions filed in the above-captioned case on behalf of defendant
Sten Lundager based on information provided by my client.
1. Mr. Lundager is a citizen of Denmark born in 1947.
2. Mr. Lundager lived in the United States from
approximately 1975 until 1981. During this interval he made many
trips back to Denmark. After 1981 Mr. Lundager lived in Spain
where he was gainfully employed, and occasionally visited his
family in Denmark where he continued to receive mail. Mr.
Lundager used his own name at all times in these countries in all
matters.
3. Mr. Lundager travelled to the United States in
February of 1991. I am advised that he travelled under his own
name using his own passport, and that while he was in the United
States he engaged in normal travel and other activities, and did

not seek to hide his whereabouts or identity from anyone.
4. Mr. Lundager again travelled to the United States
in August of 1991, also under his own name and using his own
passport. I am advised that he first learned that there was an
indictment charging him with alleged narcotics crimes when he was
arrested at Kennedy Airport in August of 1991.

5. The allegations in the indictment against Mr.
Lundager concern alleged illegal conduct in 1978 and 1979, i.e.,
twelve and thirteen years ago. I am advised that Mr. Lundager no
longer has any employment records or income tax returns from that
time period. Such records, which pertain to work that Mr.
Lundager had in the state of Florida in River Bend Marina and
other boatyards, would be useful to the defense in demonstrating
that Mr. Lundager was lawfully employed there at the time of the
alleged narcotics transactions in New Jersey.
6. The government claimed in an earlier proceeding in
this case against defendant Tracy Wong that Mr. Lundager made
trips abroad in 1978 and 1979 in connection with the alleged
illegal conduct. I am advised that his current passport does not
go back that far, and that Mr. Lundager no longer has his pass-
port from that period since it was discarded. Without the
passport from the relevant period the defense is obviously
hampered in refuting the government's allegations concerning
trips abroad at that time. I am also advised that Mr. Lundager
no longer has his address book from the years 1978 and 1979.
This address book would have been useful to the defense in
locating co-workers and friends in Florida who would be able to

testify as to his employment there. I am also advised that Mr.
Lundager also no longer has any documents pertaining to boat
building transactions which he pursued in the United States and
elsewhere in 1978 - 1979.
I declare under penalty of perjury that the foregoing
is true and correct.

October 10, 1991
uRf:$-;
{/J ~I
Bernstei~-t----
Exhibit B
(

-----------------------------x
- v- . 83 Cr. 199
STEN LUNDEGAR,
Defendant. .
-----------------------------x
DECLARATION OF ROBERT ASCHHEIM
I make this declaration in support of the pretrial
motions filed on behalf of defendant Sten Lundegar in the above-
captioned case.
1. I am an attorney licensed to practice law in the
State of Florida.
2. At the request of Roger Bernstein, Esq. , counsel for
Sten Lundegar, I have investigated the availability of employment
records for Sten Lundegar at River Bend Marina in Broward County,
Florida and Broward Marina in Broward County, Florida and
Mortensons Boat Yard in Dade County, Florida for the years 1978 and
1979.
3. On October 7, 1991, I was advised by Thomas Wolf,
a manager of River Bend Marina, that employment records for 1978
and 1979 are not available. He advised me that the ownership of
the marina has changed two times in the last three years, and
further advised that they were in the process of moving the

facility on October 7, 1991. T also reviewed Dade County and
Broward County telephone directories for the name of the former
owner, Shelly Lake, and have found no listing for him.
4. On October 7 and 8, 1991 I was advised by Lisa in
the Personnel Department of Broward Marina that employment records
for 1978 and 1979 are no longer available.

5. I reviewed the current Dade County and Broward
County telephone directories for Mortensen Boat Yard and found no
listing.
I declare under penalties of perjury that the foregoing
is true and correct.
Dated: Ft. Lauderdale, Florida

October 9, 1991
ROBE:J:~T li. ASCHHE IM

I
I
l
Exhibit C
@
Southern Bell
H. M. Robertson 6451 North Federal Highway
District Manager - Security Suite 802
Southeast Florida Area Post Office Box 5567
Fort Lauderdale, Florida 33310
Phone(305)776-3530
November 16, 1983
Ms. Angela M. Pelafique

P.O. Box 934
Fort Lauderdale, Florida 33302
Dear Ms. Pelafique:
It is the Company's policy to notify our subscribers when we receive a

subpoena or summons for their toll billing records. However, this notice may be
deferred under certain conditions upon official request by the governmental agency
demanding the records.
On August 16, 1983, we received a subpoena from the Drug Enforcement

Administration for the toll billing records for your telephone number 763-4362 for the
July 11, 1983 bill. The subpoena was accompanied by an official request to defer
notice to you until November 14, 1983.
Our Company, in response to this subpoena, furnished these toll billing

records to the Drug Enforcement Administration on August 16, 1983.
Any questions you may have regarding the purpose of the subpoena should
be referred to the Drug Enforcement Administration, Suite 405, 299 E. Broward Blvd.,
Fort Lauderdale, Florida 33301.
EP/jd
Exhibit D
,, .
16
Ladies and gentlemen, the next stage of the
2 trial will be the opening statements of counsel. First
3 you'll hear uhe opening on behalf of the United States
4 Attorney, then counsel for the defendant.
5 I just want to tell you at this stage that
6 while the lawyers have every right to argue to you what they
7 intend to prove and what they hope the proofs will show,
8 what they say to you now is not evidence. It is just an
9 argument. The only evidence in the case will come to you
10 from the witness stand and from whatever exhibits I have
11 permitted in.
12 All right. Mr. Sellinger, you may open.
13 MR. SELLINGER: May it please the Court, the
14 defendant's counsel, ladies and gentlemen of the jury, my

15 name is Philip Sellinger, as Judge Stern told you befor~,
16 and I'm an Assistant United States Attorney. It is my
17 privilege a·na, indeed, my great honor to represent the
18 United States in the case before you today, the United
19 States of America against Tracy Wong.
20 Sitting at counsel table with me is James
21 Neilsen, a special agent with the Drug Enforcemen~
22 Administration.
23 In late August, 1978 a man by the name of
24 Olayinka Fisher, th~ secretary of the Nigerian Mission of
25 the United Nations, a Nigerian diplomat -- Olayinka Fisher
STANLEY B. RIZMAN, CSR, OFFICIAL COURT REPORTER, NEWARK, N.J.

17
1 boarded a plane in Bogota, Columbia, South America, boarded
2 a plane bound for the United States. Mr. Fisher wasn't an
3 ordinary diplomat and this wasn't an ordinary mission. The
4 secret purpose for his mission was in the suitcase he
5 carried u~der his arm. That very suitcase had passed a few
6 days earlier between two men -- when two men from New York
7 had met secretly in a hotel room also in Bogota, Columbia.
8 At this secret meeting one man handed the other
9 man that very same suitcase which Fisher carried onto the
10 plane a few days later. A suitcase containing over a half a
11 million dollars worth of virtually pure whit~ Columbian
12 cocaine.
13 The man who handed over that suitcase was
14 Joseph Margarite, an international drug dealer his entire
15 adult life. The man who received that suitcase abd cocaine
16 and who gave it to Fisher, the diplomat, just a few days
17 later, was a successful businessman named Tracy Wong.
18 And this cocaine transfer was just one of a
19 series of secrete meetings in hotel rooms in Bogota,
20 Columbia, South America and Bangkok, Thailand, Southeast
21 Asia, where Margarite, the international criminal, gave the
22 defendant over one million dollars worth of cocaine and
23 marijuana which the defendant then gave to Fisher, the
24 diplomat, to smuggle into the United States.
25 Now, Fisher being a respected diplomat, wasn't

18
1 about to meet with a career criminal like Joseph Margarite,
2 fugitive from other parts of the world. But the diplomat
3 could easily meet with the defendant, a successful
4 businessman, who had an air of respectability. So each of
5 the drug ~eals involving the diplomat had the diplomat on
6 one side, Joseph Margariue, the career criminal, on the
7 other side, and the defendant, a successful businessman,
8 · right in the middle. And it is these series of secret drug
9 deals that this case is all about.
10 This case is about a successful shipping
11 broker, educated in the finest schools of the United States,
12 who went to cocktail parties with diplomats and financiers
13 one day but, like a chameleon, went to hotel rooms with
14 career criminals the next.
15 This case is about a man who used his
16 educa~i~n, his credentials, his international conttacts, his
17 backgrounds, and his pin striped suit as a passport into the
18 drug dealing business au it's very highest levels. This
19 case is about the pure, unadulterated greed which brings
20 Tracy Wong inr.o r.his C"'}r.°".room as a defendant today.
21 Now, the case begins in the summer of 1977 with
22 Joseph Margarite, who I've already mentioned, and his
23 partner, a Swedish man named Gosta Ferneborg. Margarite and
24 Ferneborg were partners in the drug dialing business and
25 together they had dealt hundreds and thousands of pounds of

(
19
1· marijuana and other drugs.
2 In the summer of 1977, if you look at this
3 chart over here, Margarite and Ferneborg were planning to
4 bring into the United States a load of approximately 1700
5 pounds or_almost a ton of a very high quality marijuana from
6 Bangkok, Thailand called Thai sticks.

7 If you look at this map, here's the United
8 States, New York and New Jersey is over here, Bangkok,
9 Thailand is west. Over here in Southeast Asia.
10 Now, Joseph Margarite went to Bangkok,
11 Thailand, twice in the fall of 1977 to arrange for the
12 purchase of the Thai sticks. And the Thai sticks were to be

13 stored right here in New Jersey at a warehouse either in
14 Fort Lee or in Ridgewood.
15 Now, while Margarite and Ferneborg were
16 planning to bring in these Thai sticks, they met the
17 defendant at a party of a mutual friend named Jay Sicre.
18 The defendant told Ferneborg and Margarite that he was a
19 successful shipping broker and he knew ways to transport
20 into and out of the United States enormous sums of money

21 without leaving any records.
22 Transferring money was very important to
23 Margarite and Ferneborg because they needed to transfer
24 hundreds of thousands of dollars to Bangkok in connection
25 with the Thai stick load and in connection with all the

20
1 other drug deals that they were working on.
2 So Ferneborg asked the defendant if he would
3 transfer some money to Thailand and the defendant agreed.
4 Not for free, of course, but for a substantial amount of
5 money •
•
6 Now, in all fairness to the defendant, at the
7 beginning, when the defendant transferred the money to
8 Thailand, he didn't know that the money was for an illegal
9 drug, Thai sticks. Ferneborg told him it was for something
10 illegal, but not that it was for drugs. But shortly
11 afterwards, after the Thai scicks came in and the defendant
12 was demanding payment for ~ransferring the money, then he
13 found out. Although Ferneborg and Margarite had sold the
14 Thai sticks for approximately $800,000, their profits were
15 only a small portion of the total $800,000 because their
16 costs and other problems selling the drug had reduced their
17 profit significantly.
18 So they had to explain to the defendant why
19 they couldn't pay him the substantial sum of money they
20 promised him for transferring funds to Bangkok. And, in so
21 doing, they explained to the defendant that the money he had
22 transferred was for an illegal Thai stick load.
23 Did the defendant get mad that he had been used
24 by drug dealers to transfer money for a drug deal? You bet.
25 He was angry and upset. But not because he had been used to

21
r transfer money for a drug deal and not because he had been
2 used by international drug dealers. He was upset because he
3 hadn't gotten his piece of the action. He didn't get paid
4 and he was upset because of greed and greed only.
5 So what did the defendant decide to do? He
6 decided to use his business know-how to make sure that he
7 became an indispensible part of Ferneborg and Margarite's
8 drug operation so never again would he do anything for
9 anybody and nou get his piece of the action.
10 So what does the defendant do? The defendant
11 tells Ferneborg and Margarite that in his successful and
12 legitimate shipping business he had met a diplomat who could
13 smuggle cocaine into the United States.
14 Now, foreign diplomats are normally granted
15 diplomatic immunity. And diplomatic immunity means that
16 when they fly :into airports in the United States and go
17 through Cus-toms, their bags won't be 'searched.
18 Ferneborg and Margarite agreed. And in June,
19 1978, if you look at the chart, the first cocaine trip was
20 planned by the defendant, Ferneborg and Margarite. This
21 trip, since it was the first trip and only a practice run,
22 involved only two pounds of cocaine. But they decided if it
23 was successful they would do more runs with more cocaine,
24 making more money in the future. And that is exactly what
25 they did.

22
l' In June, 1978 Margarite went down to Bogota,
2 Columbia to set up the cocaine deal. And if you look at the
3 map again, here is the United States, New York and New
4 Jersey. Bogota, Columbia is down here at the top of South
5 America.
~
~
6 Margarite flew down to Bogota to set up the
7 deal and then the defenaant flew down a few days later.
8 I'll use this magic marker to represent the defendant's drug
9 dealing trips.
10 The defendant flew down to Bogota carrying
11 approximately $20,000 which he gave to Margarite, which
12 Margarite then used to purchase the cocaine. Margarite
13 bought the cocaine, gave it to the defendant. The defendant
14 got the cocaine and gave it to his diplomat, who smuggled
15 the cocaine back into the United States.
16 Back in the United States the defendant got the
17 cocaine back from the diplomat and then gave it to Ferneborg
18 who, remember, was Margarite's partner, and Ferneborg sold
19 the cocaine for approximately $60,000.
20 The defendant was thrilled at the ease with
21 which he and his diplomat could make money dealing drugs
22 with Ferneborg and Margarite. And he immediately wanted to
23 go back down to Columbia to do another deal. And that's
24 exactly what he did. This time in July, 1978.
25 With Margarite down to Bogota, Columbia, the

23
l' defendant flew down to Columbia again. This time carrying
2 approximately $100,000 in brand-new hundred-dollar bills,
3 money he had obtained at a bank in Panama which he used for
4 legitimate shipping purposes. A man by the name of Sten
5 Lundagar,_who was a courier for Margarite and Ferneborg,
6 carried down about $35,000, too. That money was Margari~e
7 and Ferneborg's money.
8 The defendant and Lundagar gave the money to
9 Margarite and trhis time Margarite purchases approximately 15
10 pounds of cocaine, almost seven times what had been
11 purchased on the first trip.
12 The defendant gets the cocaine from Margarite,
13 gives it uo the diplomat to smuggle back into the United
14 s~ates. The diplomat brings it back into the coun~ry. The
15 defendant gets it from the diplomat and gives this cocaine
16 to Ferneborg, who sells the cocaine for approximately
17 $300,000.
18 Ferneborg, Margarite and the defenda.nt were
19 ecstatic from the profit from this cocaine trip and, again,
20 plan another trip as soon as they can, just a few weeks
21 later in August of 1978.
22 And this one works just like the other two.
23 Margarite flies down and sets up the cocaine deal. The
24 defendant flies down to Columbia one more time, again
25 carrying about $100,000.

(
24
l' Margarite had brought down $60,000 and Sten
2 Lundagar brought down another $60,000. Margarite takes the
3 money and buys the cocaine1 this time 27 pounds,
4 approximately1 almost twice the second trip and almost 15
5 times the amount of cocaine on the first trip.
6 The defendant gets the cocaine from Margarite,
7 gives it to the diplomat to smuggle into the United States,
8 gets the cocaine back from the diplomat and brings it to
9 Ferneborg, who sold this cocaine for almost half a million
10 dollars.
11 After the success of these three cocaine trips,

12 uhe defendant, Margarite and Ferneborg begin planning a Thai
13 stick trip. Again from Bangkok, Thailand. This one
14 involving approximately 3700 pounds, almost two tons, of
15 Thai stticks.
16 Now, this quantity of Thai sticks was obviously
17 excuse me -- was obviously too large for the diplomats to
18 carry in suitcases. So these Thai sticks they were going to
19 sends out in boxes. Send them over in ships and store them
20 in a warehouse right here in New Jersey.

21 $300,000 was invested in this Thai stick trip.
22 Margarite and Ferneborg and a man named Steven Kaufman put
23 up about $100,000. Carmine Marino, who I will tell you
24 about in a moment, put up another $100,000 and the defendant
25 invested ~he third $100,000.

(
25
l' Carmine Marino's job in the scheme was to pay
2 off Custom officials on the docks in Brooklyn so the Thai
3 sticks could come into the United States.

i
4 those $300,000 which was invested in the Thai stick deal was
5 carried t~ Bangkok, Thailand in the fall of 1978,
6 approximately September, by Joseph Margarite, Stten Lundagar
7 and two Danish fellows named Neils Hammer and Michael
8 Andreason. Several people were required to carry the money
9 to Thailand because it is against the law to carry large
10 sums of money outside the country without filling out forms
11 which the drug dealers obviously weren't going to do. So
12 what they would do is buy suitcases, open them up and tear
13 out the lining very carefully, lay $100 within the lining,
14 close it up. You would look into what appears to be an
15 empty briefcase into which approximately $100,000 of $100
16 bills was hidden.
17 Around September of 1978 the four of them go to
18 Thailand and Margarite is supposed to set up the purchase of
19 the Thai stick load, but he ran into problems. First, Thai
20 sticks are a plant, and like any other kind of plant, they
21 have to be harvested. At the beginning the crop wasn't
22 ready. It wasn't ripe. Then after several weeks delay, the
23 crop was ready but it was poor quality. It wasn't going to
24 make enough money for Margarite, Ferneborg and the defendant
25 back in the United States.
STANLEY B. RIZMANr CSR, OFFICIAL COURT REPORTER, NEWARK, N.J.

(
I
26
'
Butt finally, after several months, almost until
2 December or January, Margarite finally found a very good
3 high quality Thai suick crop. But by this time most of the
4 $300,000 he had invested was gone. Although he had brought
5 the money_over with him, he had had to pay money for the
6 first Thai stick load which he didn't want and wasn't any
7 good. And he had also paid money to Thai customs officials
8 for clearance of the Thai sticks out of the country,
9 payoffs, even though he never bought the Thai sticks which
10 he didn't want.
11 So, some of this money was gone and he needed
12 more. So what did he do? Around February of 1979 ~he
13 defendant, Ferneborg and Margarite came up with a plan. The
14 defendant and his diplomat would fly to Bangkok, bring back
15 samples of the Thai sticks, which would be sold, and would
16 also interest other investors to put up money for the Thai
17 sticks. The money would go back to Thailand to Margarite
18 and he could pay for the larger 3700 pound load. And that
19 is exactly what trhey did.
20 In February of 1979 the defendant and the
21 diplomat flew to Bangkok, Thailand. Margarite gave the
22 defendant two suitcases, about 70 pounds of Thai sticks.
23 The defendant gave them to the diplomat who smuggled them
24 back into the United States. The defendant gets the Thai
25 sticks back from the diplomat and gave them to Ferneborg,

,------....,.,-----------------,-~~---------------,
(
27
l who sold these Thai sticks for about 150,000 dollars. These
2 were some of the finest Thai sticks these were some of
3 the finest Thai sticks that anybody in the United States had
4 ever seen. Jay Sicre -- remember the fellow who had --
5 (Juror coughing.)
l
6 MR. SELLINGER: Jay Sicre, the man who had
7 entrusted the defendant to Ferneborg and Margarite carried
8 that $150,000 back to Bangkok, Thailand.
9 And then Margarite with the new $150,000
10 investment was able to buy the 3700 pound load which he had
11 gone over there for. He bought the load. He packaged them
12 in boxes labeled "Ceramics."
13 He paid off customs officials in Thailand to
14 get the drugs out of the United States. But, unfor•unately,
15 unfortunately for the defendant, for Margarite and for
16 Ferneborg, ~he Thai customs officials who had been paid off
17 to let the boxes go through were observed by other police
18 officers, not doing their job properly and not searching the
19 boxes. Other police officers came. Opened the boxes. And
20 on the docks in Bangkok the Thai sticks were seized. All
21 3700 pounds were gone and two million dollars were lost.
22 Margarite avoided being arresued and went back
23 to the United States. And once back in the country, he and
24 Ferneborg, his former partner, had a disagreement over money
25 that they had made in the drug dealing business and they

( (
28
l split up. They never saw each other again after the spring
2 or summer of 1979. But the defendant and Margarite were not
3 discouraged by the departure of Ferneborg who had moved to
4 Stan Francisco, and they began to plan additional trips to
5 make up some of the money that they had lost in Bangkok.
6 So around March of 1979 uhey planned another
7 Thai stick trip, this one wi~h a man named Michael McGovern
8 who was in a partnership with some ouher people you'll hear
9 about during the trial, also drug dealers. And in
10 approximately March of 1979 McGovern went to Bangkok,
11 Thailand, again to buy approximately 70 pounds of Thai
12 sticks, two suitcases.
13 The defendant follows to Bangkok, Thailand,
14 shortly afterwards. The defendant gets the suitcases from
15 McGovern, gives them to the diplomat. The diplomat smuggles
16 the drugs back into the United States. The defendant gets
17 the Thai st.icks from the diplomat and gives them back to
18 Margarite who sells these Thai sticks. These Thai sticks,
19 however, weren't nearly as good as the ones which had come
20 in before, and they didn't make nearly as much money selling
21 them.
22 Then in approximately May of 1979 the defendant
23 and Margarite plan another cocaine deal in Columbia. But on
24 this deal they had a problem. Since they had lost so much
25 money in Thailand, chey didn't have the cash to pay up front

29
l' for the cocaine.
2 The defendant had bought a house in Long
3 Island. He bought a new BMW 737I. It's one of those fancy
4 cars. As a matter of fact, he had other investments, excuse
5 me, investments which made him so short of cash that he was
6 even pawning his jewelry at the time. so Margarite and the

7 defendants needed a way to finance uhis cocaine load.
8 Margarite was able to talk the supplier of the cocaine into
9 fronting tho cocaine. What that means is they gave them the
10 cocaine first and Margarite paid for it after he -- after
11 the defendant and the diplomat had brought it back and it
12 was sold.
13 So approximately May 6f '79 Margarite flies
14 down to this time Cartagena, Columbia, another town in
15 Columbia, and purchases approximately 24 pounds of cocaine.
16 The defendant follows to Columbia, picks up the cocaine from
17 Margarite and gives it to the diplomat to smuggle back into
18 the United States.
19 Now, on this trip the defendant didn't come
20 just with the diplomats. He brought his girlfriend, named
21 Jennifer Fearnon along. Jennifer didn't know that the
22 defendant was in the drug dealing business. So when the
23 defendant go~ the cocaine from Margarite and transferred it
24 to the diplomat, he left Jennifer at the hotel room, left to
25 meet Margarite and the diplomat and Jennifer never knew.
STANLEY B. RIZMAN, CSR, OFFICIAL COURT REPORTER, NF.::WARK, N.J.

(
30
,
l And in order to make sure that Jennifer didn't find out
2 about his drug dealing activities, or that anybody else
3 would find out ei~her if they ever looked, while in Columbia
4 the defendant negotiated or attempted to negotiate a
5 lcgit:imat~ coffee or commodities deal. Part of his
6 business. And he even told Margarite that on almost every
7 trip when he went to Columbia or went to Thailand, he was
8 negotiating legitimate commodities deals because, as he
9 explained to Margarite, whau better cover for a drug dealing
10 business than a legitimate commodities deal, the precise
11 business that he was in.

12 In any event, the cocaine goes from the
13 defendant to the diplomat who.
14 MR. BREITBART: Judge
15 MR. SELLINGER: -- got it into the United
16 states.
17 THE COURT: Yes.
18 MR. BREITBART: I object. Everything so far
19 has been in the first person. I thought there was a time
20 when he would say witnesses will testify. But Mr. Sellinger
21 has been testifying for almost 25 minutes now.
22 MR. SELLINGER: Your Honor, this is exactly
23 what the government will prove.
24 THE COURT: Well, just say what you'll prove.
25 That is what you are supposed to say. We will prove to you.

(
31
2 MR. SELLINGER: Ladies and gentlemen, the
3 government will prove that the cocaine went back to the
4 United States through the diplomat. The defendant got the
5 cocaine from the diplomat and gave it back to Margarite who
6 sold his cocaine in May of '79 for approxima~ely half a
7 million dollars.
8 Now, much of this was in the profit, however,
9 because the cost of this cocaine, since it was fronted in
10 advance, was far higher than the other cocaine.
11 And, finally, in July of 1979, the government
12 will prove the defendant and Margarite planned yet another,
13 and uhis their final drug deal. Again, in Bangkok,
14 Thailand. Margarite went over to Bangkok, Thailand and
15 bought approximately 80 pounds of Thai sticks. Again, the
16 defendant followed shortly afterwards. Again, the defendant
17 brought Jennifer along on this trip and again Jennifer
18 didn't know.
19 Now, the government will prove that the
20 defendant would not introduce Jennifer to Margarite because
21 then Jennifer would realize his well concealed secret; that
22 he was dealing in drugs with people like Margarite. But the
23 defendant did not think that if he introduced Jennifer to
24 the diplomat that his secret would be revealed because the
25 diplomat had an air of respectability just like the
STANLEY B. RIZHAN, CSR, OFFICIAL COURT REPORTER, NEWARK, N.J.

( (
32
l defendant.
2 And, also, the defendant thought that the
3 diplomat could not be tied to drugs.
4 MR. BREITBAnT: I object to what he thinks the

5 defendant thought.
6 MR. SELLINGER: Judge, this is not what I
7 think. The government will prove --
8 THE COURT: Why don't you say that?
9 MR. SELLINGER: Yes, your Honor.
10 The government will prove, ladies and

11 gentlemen, that 1n July of 1979 J~~nifer, the defendant and
12 the diplomat had dinner twice in Bangkok, Thailand. And
13 just days afterwards the government will prove the diplomat

14 carried that Thai sticks, the 80 pounds of Thai sticks, he
15 had gotten from the diplomat -- from the defendant, back to
16 the United States with a stopover in Paris. And while in
17 Paris the diplomat's bags were opened.
18 Now, you remember that I explained the
19 diplomatic immunity means that normally a diplomat's bags
20 aren't searched. But in this case the bags smelled of

21 marijuana. A Customs agent saw the bags, opened the bags,
22 saw the marijuana, the Thai sticks, seized them, informed
23 the embassy that Olayinka Fisher, the diplomat, resided --
24 worked for. The diplomat was fired. He lost his diplomatic
25 status, and, thus, came the end of this worldwide scheme,

33
'
1 this international plot between Margarite, the defendant and
2 Ferneborg, to use the diplomat to smuggle into the United
3 States millions of dollars worth of cocaine and marijuana.

4 Then in 1979, two years later in San Francisco,
5 in 1981, ferneborg was arrested on a different drug deal.
6 He decided to cooperate, to turn state's evidence, to come
7 into court and tell you what happened.
8 A year later, in South Carolina, Joseph
9 Margarite was arrested on a differen~ drug deal. He agrees
10 to cooperate, and turns state's evidence and comes into

11 couru and tell you what happened.
12 What does all of this ad up to? It adds up to

13 the indictment in this case from a United States Grand Jury.
14 And a Grand Jury is nothing more than a group of men and
15 women just like yourselves. A United States Grand Jury has
16 charged this defendant with committing several crimes
17 against the United States.

18 In Count 1 of the indictment they charge that
19 in New Jersey and elsewhere, as in every count, and as the
20 government will prove, excuse me, the defendant plotted and
21 schemed, or in legal words, he conspired to distribute

22 controlled substances, like the cocaine and the Thai sticks
23 that these 9 trips are about.
24 And this chart, although it is not evidence,
25 represents a piece of the indictment which is the trips &he

34
,-
l Gr and Jury charged the defendant with doing. In Count 2 of
2 the indictment the Grand Jury charged the defendant with
3 operating a continuing criminal enterprise. And all that
4 means is, one, he took part in a continuing series.
5 MR. BREITBART: I would object to him charging
6 this jury on the law.
7 THE COURT: I haven't heard what he's going to
8 say, yet. Objection overruled. Hejs entitled to explain
9 what the charges are and how he's going to prove them.
10 Indeed, I suspect you're going to be making some references
11 to some legal principles yourself, won't you?
12 MR. BREITBART: I would hope wiuh the Court's
13 imprimatur.
3
14 THE COURT: Proceed.
15 MR •. SELLINGER: Thank you, your Honor.
16 All this means is that the defendant took part
17 in a con~inuing series of at least three federal drug
18 violations.
19 Second, that he did so with at least five other
20 persons; Margarite, the diplomat, Ferneborg, Lundagar,
21 McGovern, all the purchasers and buyers of the cocaine and
22 the Thai sticks that I haven't even mentioned yet in my
23 opening.
24 Third, that he occupied a position of a
25 supervisor, a manager or an organizer, as obviously he,

/I
35
'
l Ferneborg and Margarite did since they were at the head, at
2 the top of the illegal scheme.
3 And, fourth, that the defendant obtained
4 substantial profits from this drug deal, in hundreds of
5 .
thousands . of dollars that t.hey made together.
6 In Count 3 and Count 4 the Grand Jury charged
7 the defendant with importing, distributing and possessing
8 with intent to distribute the cocaine which is -- which they
9 brought back on the July, 1978 cocaine trip.
10 In Count 5 and Count 6 of the indictment they
11 charge the defendant with importing, distributing and
12 possessing with the intent to distribute the Thai stick

13 samples, the 70 pounds which the defendant and the diplomat
14 went over to Bangkok to get in February of '79 to refinance
15 uhe larger, approximately two ton, 3700 pound load.
16 And, finally, in Count 7 the Grand Jury charged
17 the defendant with attempting to import the Thai -- a
18 quantity of Thai sticks, the approximately 3700 pounds of
19 Thai sticks which were seized on the docks in Bangkok in
20 February of 1979 and which were to be stored here in New
21 Jersey.
22 Ladies and gentlemen, the United States will
23 prove that each and every charge of the indictment is true.
24 Gusta Ferneborg will come into court and tell you the cruth.
25 Joseph Margarite will come into court and tell you they're

36
l
l true. Other witnesses will come into court and tell you
2 they're true. Margarite, Ferneborg, some other cooperating
3 witnesses, will testify under plea agreements with the
4 United States where they have agreed -- where the United

5 States has agreed to permit them to plead guilty to reduce
6 ~he charges, limiting the exposure to time than they spend
7 in jail, in exchange for their promise to come into court
8 and tell you the truth about their drug dealing activities,
9 not only with the defendant but all their drug dealing
10 activities.
11 Now, I uell you right now than Gusta Ferneborg,
12 Joseph Margarite, some of the other cooperating witnesses,
13 they are not choir boys, they are not priests, tthey not
14 pillars of the community. They are career criminals.
15 Exactly what you'd expect these drug dealers to be.
16 Margarite and Ferneborg even once helped a man named Buddy
17 Jacobson get guns and get rid of guns, which Jacobson used
18 in a murder for which he, Jacobson, was convicted. And
19 Margarite even discussed killing Ferneborg after che two of
20 them had split up.
21 But, ladies and gentlemen, these are the men
22 that the defendant chose to deal drugs with, to travel wich,
23 to associate with, to invite to his apartment, and to shar~
24 some of the most intimate details of his life with. As you
25 will hear in this case, the defendant told Joseph Margarit~

37
l details of his life that only those closest to him could
2 ever know.
3 Now, at the end of the case Judge Stern will
4 tell you that you must view the testimony of Margarite and
5 .
Ferneborg_with care.
.
And we, for the government, urge you
6 to do that. We urge you to view their testimony carefully.
7 We urge you to scrutinize their testimony. We urge you not
8 to accept their testimony unless you are satisfied by
9 independent evidence in which you have confidence that it is
10 correct testimony. We urge you to look for corroboration or
11 confirmation of that testimony. And I tell you right now
12 you're going to find it. You're going to find it in the.

13 testimony of witness after witness after witness who will
14 come to court and tell you that the charges against the
15 defendant are true. Two of the witnesses, Margarite and
16 Fcrneborg, haven't even seen each other since 1979.
17 You will find corroboration and confirmation in
18 the testimony and documents of innocent bystanders like
19 Jennifer Fearnon, the defendant's girlfriend, who knew
20 nothing about his drug dealing activities, but uell you
21 information which will confirm that the charges against the
22 defendant are true.
23 Now, one thing I'd like to tell you is what
24 you're not going to hear in the case. You're not going to
25 see movie clips and tape recordings of Margarite, Ferneborg

(
38
l and the defendant dealing these drugs. Why? Because drugs
2 deals are conducted in secret and not in Yankee Stadium and
3 because all these deals were completed before anybody got

4 caught.
4
5 You're also not going to see any cocaine and
6 any Thai sticks brought into cour~ because they sold it all
7 except for that which was seized in Bangkok and Paris
8 long -- many years ago and were since destroyed. But rest
9 assured the government will prove that the cocaine and the
10 Thai sticks were tthere. That the defendant. financed their
11 purchase. The defendant was involved in the scheme to

12 import those drugs and to sell them.
13 Now, I ask you during the course of this trial,
14 the opening stauement and cross-examination of Mr.
15 Breitbart, to remember that Margarite and Ferneborg aren't
16 on trial in this case. They have already pleaded guilty and
17 admitted th.eir drug dealing activities. Margarite and
18 Ferneborg -- Ferneborg has already been sentenced and he
19 served a year and a half in jail. He's back on the street
20 now. Margarite has served approximately a year or a year
21 and a half in jail, and he's awaiting sentencing and will
22 receive the appropriate punishment from the sentencing
23 judge.
24 But they are not on trial in the case and the
25 issue in this case is not whether Margarite and Ferneborg

(
39
l are good people or bad people. You may make that judgmenu,
2 but that is not the issue in the case. Nor is the issue
3 whether the defendanu was a successful businessman or
4 whether he really needed the money that he made in his drug
5 dealing activities. The only issue in this case is whether
6· uhe charges against the defendant that he was involved in
7 this multi-million dollar drug smuggling scheme are true.
8 And we will prove that they are.
9 Looking ahead to the end of the case. On
10 behalf of all of us, I'd like to thank you for your time and
11 the personal sacrifice that each of you are willing to make
12 to perform the important public service that sitting on this
13 jury involves, for it is only in cour~rooms like these that
14 the laws against drug smuggling can finally be enforced.
15 All the government asks of you in this case is
16 to listen to all the evidence, to keep your mind on the
17 issue in the case, the guilt or the innocence of the
18 defendant, but not the guilt or the innocence of anyone
19 else. And if you do that, you will have done your job. You
20 will have given the defendant a fair trial, justice will
21 have been done and I am confident that you will return a
22 verdict that the defendant is guilty as charged. Thank you
23 very much.
24 MR. BREITBART: Judge, may we take a
25 five-minute recess now?

Exhibit E
(
BERNSTEIN & MILNER

ATTORNEYS AT LAW
MICHAEL M. MILNER S30 FIFTH AVENUE

ROGER J. BERNSTEIN 10TH FLOOR
NEW YORK, NY 10036
TEL: (212) 768-3171
F"AX: 1212> 768-9129
October 1991
BY TELECOPIER
Assistant U.S. Attorney Bruce Levy
U.S. Attorney's Office
970 Broad Street, Room 502
Re: United States v. Tracy Wong, et al.

8 3 er im . 19 9
Dear Mr. Levy:
Having reviewed the discovery items provided by the go-
vernment on October 2, 1991 as well as the government's open-
ing statement before Judge Stern in the trial of defendant
Tracy Wong, I request on behalf of defendant Sten Lundager
that the government provide the following particulars with
respect to the pending indictment:
1. the names and addresses of all alleged co-con-

spirators not identified in the indictment or in the
government's opening statement;
2. the location (i.e., airport and federal judicial

district) of the alleged acts of cocaine importation;
3. the location (i.e., airport and federal judicial

district) of the alleged acts of marijuana importa-
tion;
4. when and where the defendant Sten Lundager is alleged

to have become a member of the conspiracy alleged in
Count One of the indictment;
5. the dates, times, and places of any alleged acts of

defendant Sten Lundager within the State of New
Jersey that the government will seek to prove;
October 7, 1991
Page 2
6. the dates and location(s) within the State of New

Jersey of the alleged acts of narcotics importation
and distribution, and the dates and location(s) of
all other alleged acts of narcotics importation and
distribution that the government will seek to prove,
together with the counts of the indictment which are
alleged to pertain to said acts;
7. the dates and departure and return airports of the

overseas trips that defendant Sten Lundager is al-
leged to have taken;
8. the nature, time and location of any act of Sten
Lundager alleged to be in furtherance of the alleged
conspiracy that has not already been described in the
government's opening statement before Judge Stern;
9. whether or not defendant is alleged to have committed
any acts of importation of narcotics;
10. whether or not defendant is alleged to have committed
any acts of distribution of narcotics.
These particulars are essential to enable the accused to be

adequately apprised of the nature and scope of the accusa-
tions against him and to prepare his defense, as guaranteed by
the Sixth Amendment of the U.S. Constitution. Therefore any
requested particulars that the government declines to provide
will be the subject of motion practice before the Court.
truly yours,
•
BERNSTEIN & MILNER

ATTORNEYS AT LAW
530 FIFTH AVENUE

MICHAEL M. MILNER
10TH FLOOR
ROGER J. BERNSTEIN
NEW YORK, NY 10036
TEL: (212) 768-3171
F"AX: 12121 768-9129
"1
October ):'8, 1991
{Mi>
BY TELECOPIER
Re: Sten Lundager
Dear Mr. Levy:
On September 18, 1991, I requested the return of my client's

passport and his return airline ticket. To date I have received
no response to my request that you return these items to me.
As you know, defendant is at the very least entitled to

inspect these items under Fed. R. Crim. P. 16. Therefore the
failure to provide these i terns or copies thereof will be the
subject of defendant's motions before Judge Brown if they are not
received by October 10, 1991.
I also request a complete list of the items taken from my

client at the time of his arrest and the opportunity to inspect all
of those items.
Very truly yours,
~:ernstein
(
BERNSTEIN & }llIL:N"ER

ATTORNEYS AT LAW
MICHAEL. M. Mll.NER 530 FIFTH AVENUE

ROGER J. BERNSTEIN 10TH Fl.OCR
NEW YORK, NY 10036
TEL.: <212) 768-3171
FAX: (2 f 2l 768•9129
September 19, 1991

BY TELECOPIER & MAIL
Re: Sten Lundager
Dear Mr. Levy:
Pursuant to Rule 16, Fed. R. Crim. P., the Court's dis-
covery order entered September 10, 1991, and the principles of
Brady v. Maryland, 373 U.S. 83 (1963), inter alia, we request
that you produce for inspection on or before September 25, 1991
the following materials. We respectfully submit that discovery
of these materials is necessary to the preparation of the
defense.
1. Statements of the Defendant: Pursuant to Fed. R.

Crim. P. 16(a) (1) (A) and Para. l(a) of the Court's discovery
order, we request the government to permit inspection and
copying of all written or recorded statements of the defendant,
as well as the substance of any oral statement made by defen-
dant whether before o·r after arrest. This request includes any
statements made to agents of any United States government
entity, including without limitation any employees or agents of
the United States Attorney's Office, the United States Marshals
Service, the Immigration and Naturalization Service, and the
Drug Enforcement Administration. This request also includes
the substance of any statements made to any individuals who
were acting as de facto agents of such entities, whether as a
result of behest, direction, inducement or coercion of any
official agents or as a result or any cooperation and/or plea
agreements entered into with government agencies. This request
includes statements the existence of which is known to, or by
'
September 19, 1991
Page 2
the existence of due diligence may become known to, the attor-
ney for the government.
2. Reoorts of Physical or Mental Examinations and

Scientific Studies: Pursuant to Fed. R. Crim. P. 16(a) (1) (D),
we request the government to permit inspection and copying of
all reports or results of physical or mental examinations and
of scientific tests within the possession, custody or control
of the government, the existence of which is known to, or may
by the exercise of due diligence become known to, the attorney
for the government. This request includes reports of mental
and psychiatric examination of any government witness, includ-
ing reports of all such examinations performed for the U.S.
Marshal's Service in connection with government witnesses in
the Witness Protection Program. This request also includes all
reports concerning the testing and amount of the alleged
narcotics which are the subject of this case, whether such
reports were prepared in the United States or elsewhere (inclu-
ding, without limitation, France). If any expert witness is
expected to testify at trial, defendant requests the name,
address and qualifications of said witness.
3. Defendant's Property: Pursuant to Fed. R. Crim.
P. 16(a) (1) (C), we request the government to permit inspection
and copying (where applicable) of all books, papers, bank
records, tax returns, documents, tangible objects, buildings
and places which are the property of the defendant and which
are within the possession, custody or control of the govern-
ment or its de facto agents as defined above. This request
includes, without limitation, all alleged narcotic drugs,
buildings, warehouses, airline tickets, passports, currency,
and narcotics paraphernalia which the government alleges were
defendant's property or were subject to defendant's dominion or
control.
4. Evidence Material to Preparation of the Defense:

Pursuant to Fed. R. Crim. P. 16 (a) (1) (C), defendant requests
the government to perinit him to inspect and copy all materials
which may be material to the preparation of the defense,
including, without limitation, all materials referred to in
Paragraphs 1 - 3, above; all airline tickets, surveillance
photographs, tape recordings, books, papers or other documents
and materials tending to show the whereabouts of the defendant
during the period of the indictment; all airline tickets,
surveillance photographs, tape recordings, books, papers or
other documents and materials tending to show the whereabouts
and activities of the other defendants during the time period
of the indictment. This request also includes any books,
papers, documents, photographs, or tangible objects which are
September 19, 1991
Page 3
intended for use by the government as evidence in its case in

chief at trial, or which were the subject of any subpoena
issued by the government or by the grand jury which returned
the indictment, as well as any subpoena(s) pursuant to which
such material was obtained.
5. Exculpatory Evidence: Pursuant to Brady v. Mary-

land, supra, we request the opportunity to inspect and copy all
evidence, including without limitation statements and testimony
of witnesses, which negates or tends to negate the alleged
guilt of the defendant on the charges in the indict~ent, which
is in the possession, custody or control of the U.S. Attorney's
Office, of any agency or entity of the U.S. government, or of
any de facto agent of the U.S. government (as defined above).
This request also includes the names, addresses and telephone
numbers of any persons who may know of, or be in possession of,
evidence or information which is exculpatory.
6. Previously Disclosed Materials: We request the

opportunity to inspect and copy the following items: (i) the
tax returns of defendant and others which were disclosed to the
U.S. attorney by the Internal Revenue Service pursuant to the
Court's order dated August 31, 1983 (Docket No. 1 13); (ii) the
statement and/or documents of Gosta Ferneborg to the Bronx
County District Attorney's Office ordered produced on April 4,
1988 (Docket No. 117); (iii) all DEA-6 reports previously
produced to defendants either following in camera review by the
Court pursuant to its order of April 12, 1988 (Docket No. 120),
or in connection with the hearing on April 4, 1988); and (iv)
all "Jencks Act" materials which were previously disclosed to
defendant Tracy Wong or his counsel.
7. Identification of Alleged Co-conspirators: Please

provide a list of all names, aliases and addresses of each and
every alleged co-conspirator of the defendant known to the
Government or whose out-of-court statements the government will
attempt to introduce at trial pursuant to Fed. R. Ev. 80l(d)-
(2) (E).
a. Search Warrants and Other Suppressible Evidence:

Pursuant to Fed. R. Crim. P. 12(d) (2), please provide copies of
any and all search or arrest warrants and supporting affidavits
employed in this case, together with inventory returns. State
the date, time, place and circumstances of each search, includ-
ing a search incident to an arrest or any other search, whether
111 Docket
No." refers to docket entries by the Clerk of the
court in D.N.J. Crim. 83-199.
September 19, 1991
Page 4
pursuant to a warrant or not, regardless of whether anytime

were seized or not, and identify all evidence resulting from
any search or arrest which the government intends to introduce
into evidence at trial.
9. Electronic Surveillance: If there was any elec-

tronic surveillance involved in this investigation, please
provide all court orders and supporting documents, as well as
transcripts of intercepted conversations, logs, and sealing
orders. If there were any consensual recordings not otherwise
disclosed, please identify the times, dates, participants, and
locations, and provide copies of tapes and draft transcripts of
recorded conversations.
10. Impeachment Material: Pursuant to Brady,
Giglio v. United States, 405 U.S. 150 (1972), and their pro-
geny, please provide all evidence reflecting on every prospec-
tive witness's competency, credibility, bias, or motive for
testifying. This request includes inter alia information
concerning relationships of any prospective government witness
with the prosecutor and/or police or federal law enforcement
agencies, including paid informant status as well as the
criminal record, criminal conduct, drug abuse, alcoholic abuse,
and mental and physical health history of all prospective
government witnesses. This request also includes any state-
ments which may arguably be viewed as inconsistent with state-
ments of any witnesses on whom the government will rely at
trial, as well as statements inconsistent with the theory of
the crimes advanced by the prosecutor, or by a prosecution
witness or informant. This request includes all inconsisten-
cies among any statements, internal or otherwise, of said
witnesses or informants. This request also includes any Giglio
material which may be contained in statements subject to the
Jencks Act; we request that all such material be produced
immediately as pretrial disclosure thereof is required for the
effective preparation of the defense. This request also
includes full and complete information concerning any benefits
offered to any witness or his family pursuant to provisions of
the Witness Protection Program.
11. Informants: Please provide the names and addres-

ses of all informants involved in the investigation of this
case or who may be witnesses at trial, and provide all orders,
memoranda agreements (formal and informal), granting them or
their relatives any form of immunity from criminal prosecutions
for the witnesses' conduct, or which might reasonably provide a
motive for the witness's cooperation, and all records, memoran-
da, and correspondence between the informants and law enforce-
ment authorities which might reasonably reflect on the wit-
September 19, 1991
Page 5
nesses' motives and relationships with the government, includ-

ing full and complete information concerning any benefits
offered to any witness or his family pursuant to provisions of
the Witness Protection Program.
12. Prior Similar Acts: If the government intends to

introduce in its case in chief any alleged similar conduct
which is not charged in the indictment, the defendant respect-
fully requests that the government state in advance of trial
the date that the alleged conduct took place, whether or not
such conduct is alleged to constitute a crime under any fede-
ral, state or other law, the identity of all parties to the
alleged conduct, whether or not any party was prosecuted in
connection with such conduct, and the Rule 404(b) theory on
which the government will seek admission of its evidence of
such conduct.
13. Jencks Act Material: We respectfully request

that the government produce at least thirty (30) days before
trial all prior statements of any prospective government
witness, including statements which have not already been
disclosed in the prior trial as well ~s those which have been
disclosed.
Pursuant to the provisions of the court's discovery order,
we request a conference with respect to the government's
production of the materials requested above. Any materials not
produced will be addressed in defendant's pretrial motions.
Please note that the government's discovery and Brady

obligations are continuing ones.
Very truly yours,
cc. The Hon. Garrett Brown

~~H--
BERNSTEIN & MILNER
ATTORNEYS AT LAW
S30 F'IF"TH AVENUE

MICHAEL M. MILNER
10TH FLOOR
ROGER J. BERNSTEIN
NEW YORK, NY 10036
TEL: (21 2) 768-31 71
F"AX: (2121 768-9129
September 18, 1991

Re: Sten Lundager
Dear Mr. Levy:
When my client was arrested the U.S. Marshals Service seized
his passport and his return airline ticket. The government does
not need either of these as long as he remains in custody. I
would appreciate your returning these items to me.
V ry
•
Exhibit F
(
U.S. Department of Justice

970 Broad Street. Room 502 20/1621-2700

N,•1mrk. New krsey. 07/02 FTS/348-2700
September 25, 1991

Bernstein & Milner
530 Park Avenue
Re: United States v. Sten Lundegar

Crim. No. 83-199(GEB)
Dear Mr. Bernstein:
Pursuant to the Court's Standard Order of Discovery and

Rule 16 of the Federal Rules of Criminal Procedure, with respect
to the above reference case, I am turning over copies of the
following items: (1) address book of Neils Hammer; (2) telex from
U.S. customs dated 12/1/83; (3) notebook belonging to Gosta
Fernebourg; (4) address book of Gosta Fernebourg; (5) address
book belonging to Tracy Wong; and (6) two address books belonging
to Joseph Margarite.
The original Custom's telex is available for your inspection

at our offices at a mutually convenient time. With respect to
the other items, the United States only possesses copies. The
United States also has several slides that may be used at trial.
Copies of these slides have been ordered and will be provided to
defense counsel as soon as they are available.
Regarding your written discovery request dated September

1991 and the specific requests in paragraph number six, I have
reviewed the Government's file and so far have been unable to
locate the tax returns referenced in Docket No. 13. I shall
continue to try and locate these tax returns. With respect to
the documents ordered produced and DEA-6 reports, a review of the
file indicates that your request refers to Jencks material
relating to one of the Government's witnesses, Joseph Margarite,
whom the Government apparently intended to call in the trial of
Steven Kaufman. It is the position of the United States that the
Order you refer to does not apply to your client, who was not a
party to the motion and a fugitive at that time. Although not
required to do so, the Government agrees to produce Jencks
material on the day before the witness testifies. With respect
to Mr. Margarite, the Government has not made a final decision on
his testimony.
The United states is aware of its continuing obligation

to turn over all discoverable material to the defense and as soon
as it comes into my possession I will provide it to defense
counsel.
The United States hereby requests reciprocal discovery

of all documents, tangible objects, reports of examinations and
tests, and other information to which the government is entitled
under Rule 16(b) of the Federal Rules of Criminal Procedure.
Very truly yours,
~Sta;r c?
MICHAEL CHERTOFF
orney
BY: BRUCE A. L ~
bal\lund02.ltr
I
U.S. Departn1.:nt of Justice

970 Broad Street. Room 502 20//621-2700

Nemtrk. Ne,,· Jersey. 07102 FTS/348-2700
BAL: jmd
October 2, 1991

Bernstein & Milner
530 5th Avenue
Re: United States v. Sten Lundegar

Criminal No. 83-199 (GEB)
Enclosed please find the discovery material which was

mistakenly sent to the wrong address on September 25, 1991.
Very truly yours,
MICHAEL CHERTOFF
~ 8).t~ttorney
BY: BRUCE A . ~
Encls.
<hibit G
,, .
JAG:saf/1431A

UNITED STATES OF AMERICA Criminal No~ 83-199
v. HONORABLE GARRETTE. BROWN, JR.
STEVEN KAUFMAN ORDER
Defendant in the above-captioned matter has made a motion
which was addressed in open court on March 29, 1988. The
application was argued by Samuel A. Alita; Jr., United States
Attorney (Joseph A~ Greenaway, Jr.~ Assistant United States
Attorney, appearing); and by Alan Zegas, Esquire (counsel for
defendant Steven Kaufman). The Court having reviewed the
submissions of all counsel, as well as the prior proceedings
heieto, m~kes the follo~ing disposition of defendant's motion for
the reasons set forth on the record on the above date:
Defendant's motion requesting that the Court review in
camera copies of ·all DEA-6 reports mentioning either Gosta
Ferneborg or Joseph Margarite is granted and the Court will make
its own determination whether any such reports should then be made
available to defense counsel as impeachment material. To the
extent the reports refer to any open or ongoing investigations, the
identities of individuals named in not relevant to the
instant case will be redacted.

/\"Pr:?
\ 1 21988
SO ORDERED.
Dated: April 11, 1988
GARRETT~. BROWN, JR.

Exhibit H
(l3
.•JNITEL E.T.ATES LI.STRICT
DISTRICT ,-:,F NEW JERSEY
Cri:n. d3-l::,9-0-.3
!.:NITED i3TA'I'ES OF AMERICA
FILED
::7: TEPHEN i':AUFMAN
l:?88
. -,.:: ·..-; ,_:- r:. t- :3 {=: ~i'
:·,
.,_:
~
. .!-,
f;'
J,: THE HONORABLE :JARRETTE . BROWN,
JC.'~EPR GREENAWAY, AUSA

For the Government.
ALAN ZEGAS. ESQ.

For the Deiendant Kauimsn.
?ETER D. :oDDINGTCN, ESG.

For Bronx County Di3~ric~ A~torney.
S~-.,-n,n-~ .J ohnsc-n, !:GR, :jM

:.-:: £ i,: i ~,.l ··.::\.1t:1.r,:. ~e·pr,r~•=..c·
-~·. :., . Di3c:.r~c-:. !~•: :..1rt.
1
------------------------------------------------------
·raE GOG.RT; Ur.i ti:ci Stat.es \."e1·:3u;3 .3tephen .c~au:rman.
For the United St3~e~?

r•
,.,J :".JR. :]REENAWAY: Good morning, i:.onor. .'foseph
THE GOURT:
7 HR • ::EG.AS : Alan Zegas appearing ~0r Gtaph~n
....,,
1. ,:, .::ubpoena":'
dR. CODDINGTON:
orti~e a£ Bronx District Attcrn~y.
THE COURT:
t1Fi.. -:iREENAWA".:.':
1 .i~ Earl
15 En£ ~-rc,::=ment Adm.lnistratic,:.n.
THE C:)URT:
.::.n
13 indictmen~ ~as iiled on Jul7 ist of 1983.
...,
.January ~~9 .
.. ..
.:.. ._;
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----------
The defense applled tor a £ur~her continuance. i
set it down until i"!arch Z3th, 3Ubzequen-r, l~' modi:f ied. by 1Jne
day to -::,he 2Gt.h.
At ~h~t time ~he defense axpres3ed a desire £0r more
6 cime co prepare, atating that the ~ase was aomplex, ~nd
.!.~equirc-d. a 3ubstant-ial -3.lllount 0f prei:a.rat.icn. -~special l;..- in
.;
J ~eiendant waa ~pprebended.
!.O I ~ound that s~ch a ~ontinuance was in tact
.11 warranted under the provisions of ~he Speedy trial Act, and
12 that the additional period oi time should in fact, bd
13 excludable and I believ~ that counsel are going ~o submit aL
o=der -t.o that -=::f:f ect .:.n light 0-f mJr r•.1.ling, I expect I
iar, c-ut will
Thereaft~r. we had a motion by the d~iense 0n
various point~ including di~missal !~r claimed lack 0~
·t· ... , . - ....

.. ·-- '-' .-...:,, ' lil
. :. .
-, ry
.;
---
. ~ believe so. your ~onor .
- ------------------------ -----------------------------
.
.:.. L1R. GP..EENAWAY: Ye5, sir .
rHE COUE'r: At that time, i noted to the at~orn~7s
.3
f-:ir Bron.::. Coun"ty, New York. and that it ,;,Juld ~-= ~1:ear-i
i:nmediataly P.ric•r to the trial.
'7
The notice oi motion had been mailed, according to
J.:) Greenaway to f0r~hwith give ~he defen~e 3 copy 0£ that
ll
Thereafter, on ~he 28th of March. Mr. Zegaa iil~d ~
: 3 notide of motion on ahort notice for ~ontinuanc~. and
oeen m3iled to the □ nitad State3.
I thereiore direct~d my rhamb~r3 to ma~e a phot0cop7
20
:hat the Onited States ~ould be pre~ar~d, ~nd ~ z~'t ~he
~at~er down £or 1:JO 7~s"terda7 ~fternoon.
for a telephone sc-nrerenc~. detense ~ounsel ~as not.
------------------------------------------------
I>~f-=nse counsel •::alled back 2:30 Hhen the assist-?.nt
United ;3tat-es Attorney was sunu:oing up in another couriroom.
:J Bu~ nonetheless, I indica~ed tc the Jefense counsel that
he was on the line at 1:30 that unl~ss ~he United States had
r.
,.J ~xtremely strenuous obje~ti0ns for extremely good cauee,
... would be inclined _give the defense a o~e-week
C
I .spo.ke -;,;i th tht:: ::t..ssi.stan1: Uni t<::d. States Attorney who
indicate-:i. that· while the !jni ted Statt1s .:_,pposed the requ~st
:for the continuance, .l do no"t determine that the c,ppo:si tion

.-
.!. ::::, was that 5trenuou3, und I ~herefore indicated ~hat that 13
.::
\
J. ,_.. ~ha way I would proceed, .:::.nd ;30 ad·, 1.sed ,.::.:.un:.5-::l for
L7
J.ll
, . "'!
~- J..
....... ..::.
- i- - .....
~
:.A
parties, but before
-------------------------------
1. ~1ther the Gov~rnment 0r ~he ctefense Lf there ts an7thi~g
that they would like to add as ~o my recitation oi ~he
procedural history oi th~ ma~ter up to this point.
5 M...~. GREENAWAY: tiothin,g;, .s .:u:-.
s "'~ GotJRT:
J. _,._. 11.r. Zegas?
'li' ri • C. •
MR. ·"7
~-...:r~.::,. Yes, your Honor. _ would.
THE COURT:
t-4..R • ZEGAS: A number ot things.
10 '?i.r:::;t, when, ::1t the time Mr. ~{aufman was .;1.rraigned,
:77='.•ur Honor. f·!r. Greenaway had turned oYer to me <.::-=rtain
,.ii!3 ..::overy a..'1.d "thereait~r. -i:.he Uni -ted. St-:1--ces Attorney's

1
13 office and myseli had begun discussing ~ne possibility of a
Those discus~10n3, I believe. con~inued ior ~ev~ral
. -, ~~a~ iur~her di3cussions ~ould prove ~navailing .

.!. '
.1.3
-. 1
.:... ... were :nade tor nc.; .ceason ,..:,r,her ·t.han th.at..
receivi~g anv discovery frcm the Governm~n~ and lt ~as our
24 mu"vual '.tnder:,rtanding th:.n&s would 1::e put ~)n hold ~,._., dvoid
·----------------------------------
l HR. GREENAWAY: What. I 5al.l.i in my papers, Judge, was
that. we .5•.?ar•~hed diligently all (ii ,-;111.· files ,:md tur:1e1..1 ov~r
,
reports :..fi th .regard to
~
.:l..1...L l."f.,••r . .:iS .:my
statemen-cs he made, at ~etera.
THE COURT:
file numbers that Hr. Zegas referred to?
.,
I MR. GREENAWAY:
Judge, that is an indexing zJ•st-em '::m?loyed :::-y tne OE.A, :.-md
10 b7 Hr. Margarite, necesear1l::r. ·rna-r. is why I J.. .s
., ,.:. an indexing system 3nd that is ~11 it is. and that ~hat you
12 have to look to, Judge, is report3 in which statemen~s were
Dade ar repor~s --
.!. -i THE COURT: And -tha-c i.:5 what. :tr-;u hav~ §"iven him .
MF.. GREENAWAY: knd ~ha~ ~s wha~ I have turned over.
.~11. :low_•
• i
~~ is ~omething more.
·t . ...
._,ert.:i.1.:1.1.::t.
!-f.P.. 2EGA5: -
I
~\,J
•
respec~ Mr. Greenaway·, to uiake .;ud.c:,ment; .:;.s to ,-1he c..her ~.hese
materials. t~e r~ports that ar~ ~eferred to~~ the
:,re ,. . .,o,..t.ld
----------------------------------
.l. preier i i t.he Court is not. golng t..:i dir~ct t.ha Governmcn-t t.o
~ turn over the reports to me ~hat at least 7our Honor review
3 them -~ame.ra. procedu.1·e nere. tut
nevertheless, i.f, I ~-101.11,J much p:cefe.!.· to h3.ve yr.,ur ~-k,nc,r
i) Government --
7 ·rHE CCURT: .( didn · t 'Jnderst.and Hr. ,_;reen::1wa7 t-o ..:la7
Are ~here ~eport3
y-ou didn .- t turn over·?

,(",
J.-.,/ :.mEENAW.A Y;
11 'fHE COURT: :\.re ther1-::;- report:; jn)u did no-r. ·:urn over
'.·'.ffi. iJREENAW AY :
i1.R. ZEGAS: Not t.-:J the def endan't. but -:.o r1a1.·ga.!" it-=:.
THE GQURT: You ~urned over ~ll Ji ~hem?
·{es, -Judge.
'I'HE COURT:
·.:.. -....
- - - - ---- ---- - - - ---- -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

I•
THE COURT: We being the DEA as well 3.S the U.S.
:J
MR. GREENAWA"I:
+,na-r. 11ave
background with r~gard co this i&vestiga-:::.i~n. uu~si~~ ~i
report as of B/11/'75. 1 am iniormea th~s isnJ~ ~ven an
10
1 ~
l. J.. references here, Judge, ~re frankly, as I explained ~n my
papers, .3.re just file reier-ences c."mpl07,~<i by the DE.A.
This ls a5 cf 3/11/1973.
14 An7 time.a -- my understanding an::r
15 person's n3ma is men~ion~d in a report. it ~oes i~to :his
NADUS system a.nd 't.;hen a .:5-:::,a.tement is -r,.;;1.ken 1::y ::;c,~er::,r~e,
... :
1 , . .,.
7ffil GGURT:
.:.-1.H. GREENAWAY:
.Z5 :;·o.sses;:;.ion .
----------------- - - - - - - - - - - - - - - - - -------·-
1'BE CCUR.T: 'dell, _ f,.resume t.he DEA ,:!0€.s.
HR. ;_}REENAWAY: ! have to inquire. One :3 eccnd .
.j :. Pause;
!-IR. ZEGAS: L ~ssume i=om Mr. Greenaway's
·' represe~t.a~ion in his brier that they do.
THE COURT: Please. one at 3 time.

.,.
~?ause,
3 t1R. GREENAWAY: : am -sold t.ha:t uei.ng t.:'1.ese l.·e.r ere.nee
numuers, c.hese files, these l.''~Pl..l.r-ts ::u:e tn Washington.
?HE SOU!il' : Well. I take .it then tha"G the :3ov~·cnment
11 has made .:i judgment that r.hese do no,;:, c::,ns-ci tute Brad.7 01:
12 Giglio naterial. 35 to ~r. Margarite. I.s that -::orrect.':
14 .slnce he .,.,-asn · t. i::: couldn't be a s-r.a"temenr.. c:i his, oacat.:.sie
.:-::, ma::r not :::;ta"tement • but

. , .,
;. !
.
:here were n0 charg&s ~rought
18
there ~as iniormation in ~he fil~
Z4 -.-.; _.....
::-''--'J.J..:. u. thase r~pcrts ~re
- - - - - - - - - - - - - -- - - - - - - - - - -- - - - - -
~ay, I haven't looked at the repor~s.
THE COURT: I understand that. 5c l.e-r.'.s look at. t:he
.ambit oi Gigli.:,. Does l~ eay that if i~ i5 nearsay, 70u
4 don't t.urn it. ,)ver?
MR. GREENAWAY:
B., THE COURT: Does it say ii it is not a direc~
7 3tatemen~ by the witness ycu don't turn it ov~r?

.:,
..., L.1S3i.ui1e tnat ~'"•:::·u had •]on:f idE:n"Cial .:..n.i orman t .:..:1:f :·r:nat-i,:,n .
10 international smuggling ring, ~nd to do ~nat, he woull ~urn
'1
;...1. w.ridence agains-c anyone t,J protect 1:hat
MR. GF:.EENAWA Y: That would be relevant based en that

I 'l
..:.•..,
THE COURT: Yes. yes, i~ certainly would ~e. ·rhe
l5 .-;.uestion that. :·Ir. Zega~ rai::;e.s .i.s that gi•,ren such •..!ocument:2,
. '""'{'
in ,:::.';!."!lera
13
20 t·!R. ,JREENAWAY:
THE COURT:
7 t1R. '")REENAWAY;
':'HE GOUET:
-----------------------------------
-19
Judge. I ~oulci note that the report ~as
~repared in 1078, and I 3m absolutely certain that since
.j that time there hav~ been many, many addition3 ~o this L!g~ .
THE COURT: Well. Mr. Greenaway will ao pro~ide.
lmd .:. -'im .r-ar~icula.rl.7 in tere.st.ea, as j_
noted before. that five days after the murder occurred,
1-fargarite was
3 no~ available in any of ~h0s8 five days. He fled the day of
t.he murder.
updating 0£ the r~por~?
l1 THE COURT: The United States will produce those for
in ,.:: r:unel." a r-ev i ew by the Court.
t·JR. GREENAWAY: ,J1.tdge, as l ::;aid. • will do -:.ha,:;
THE CCJURT: 1r:":y well.

1 ,-.
- ,J
... I
_...
.' 1 -
,.--.J.
Tha~ :~ what, ~hat , ~~lieve DLU means, date lase
:1R. iJREENAi·/AY:
._. --
:,_,
------------------------------··
t
J. Tha·t may w.a l l if ,;rou
,-;ould produce those 1..locuments.
1-\nd -:1.ny o·the.r documenL,s. 7ou.z- Honor,
that would appear on the list cur=en~l7 in.the possession oI
7EE COURT: Yes. Yes. Okay.
Now, ls i:3
...
;; device. This is no~ civil disc~very irum ~hird par~~e5 .
.!,(,
11 To require a ?arty to review ~ach ana every document
:.~£ s1 vo.Luminous £ile seems -::o me 'burden.some, and ni:>1:. w.i. ·tt:in
. -.
.!..J ! have inquired as ~o the attorney
;.i-ho t..ried the £:ase, !1r. Gris.b.man, the ::.:-i.::i.l :i.ssi5tant, :ind
he 3ays that they are no~ familiar ~ith those ~xcep~ ior
-:;ubpoena.
but before I ~ven . . '

.:. ·::ni - ~-
nk ..:..
.,
_J
70ur 3onor's ~~nsideration.
--------------------------------- --
.L an Assistant Distric~ At~orney ~nd is subject to ~he same
coniident.iali ty requ.11·ements vr New York law now as .:1r.! was
t.b::n. 3o the confidentiality of ~his document und~r sta~~
l~w iz also a ~actor you 3hould consider b~iore
TEE COiIBT:
:'focument
!1R. :.:;om::INGTGN: "r83. the grand jury doc-:.1ment.
'I'EE GOUR.T: I thought :;rou indicated you hao. n.:;-
document ~s to the :rl.terviews o:i ~fa.rgari tt,:, Kauirnan .:t.nd
.1.0 F,3rneborg .
11 ::•ffi. GODDIHGTON: I said I have a documen-r. which
1. 2 mentions some of.~hese individuals.

1 ,:,
.;..,J THE COURT: i understand that.
!·!R. GODDIHGTCN: ';,/nich ~-,as ·ta.ken :for the i:urpose 'JI
15
1'3 t·!R. CODDINGTON:
:HE ·.'~OUR.T:
.--,,-1
-~\.,J •:ODDING'I\;N:
THE C~URT: [:,. 1 l

.... -1.. ...... ~ ~hink that --
-------------------------------
------------------
in camera, and 1:-herea:rter, to hear Hr. ;:0ddinstc-n in ~amer'3.
3o if the par~ies will ad~ourn, I will hear fir3t
5 l.•Ui;. GREENAWAY:
to the ex parte context f0r the record?
THE COURT: r understand y0ur objecticn.
MR. GREENAWAY:
THE •::OURT: I think your ,.:,bjectic..n is ind•::~'l •.t
l(j .s i,gnif icani:. on~, to be
to -3.ll --;:arties.
......
I ,_-, l1R. i}REENAWAY: I. understand ~hat.
THE SOURT:
14 :ln ~amer:i.
I::: MR. SREENAWAY: Would you like u~ ~o va~2~e tha

·- ..,I
1.5 -~curt room?
THE ~:olJRT:
---------------------------
.:. r.
rrm ·.:JOUR'I': All 1:ight. ~an [ have hhat. please~
have heard Mr. '..;,Jddinaton .in. thi.::: matt.er.
.,:;.; ls an -:i.rguabl;.: i~.s•.toa as -~-- -

,, .. J...:...:; .LS
subpcena ln this c~se.
ll ~r rather New York cri~inal procedure law, t~a~ i~ may not
1:2 b ➔ ~n divulged without the written order of the ~ourt, ind 0£
l3 course. any matters as to an ongoing investigation may not
:.3 lam nGnetheless inC.!lined to al.low i t -to be
pr0duced pu:suant t~ the subpoena, subjecT to redacti0n3 anct
.:::ub.ject that it not be divulged ~o
r.-::ie
-. ...,
..:.:.~,
..,
·.i::
_...; T.here:r ore, 1:t.;er considering the argumsnt::=:: 0:r
- - - - - - - - - - - - - - - - - - - -- - - - - - - - · - - - - - -
Eronx Distrlc~ Attorney, and the Bronx Di3tric~ Attorn~y
f i3.lla w1 thin the subpoena, ,:md havin.s .:nv1:,ked a. g.z.·2.nd .;ur:;r
privilege, as ~ell 3S the ~rivilege for ongoing

., I inv-estigations, and having heard and ,~cnsider-ed 7..l.1i:!
axgwnents oi counsel, ..... .l .5 c,rdered ·r:hi.s 1:1:irch,

J. "
~hat the sioresaid ~tatement

..., I
1...,-.:. iden~ification this datet --..,,...,.-
refarenc~s ~o individuals ~ho may ue the subj~ct 0£ ongoing
p=ovided to t!1e defens~ £or ~he purpose 0t this ~ase only,
di7ulgin~ will of_ ~ourse be considered by che C0ur~ unaer
1. ti
------------------------------
t1R. ~}RgRNAWAY:
THE COURT: Mr. Coddington. do you
...I
understand?
..
MIL CODDINGTON~ Yes. Judg,~. :;i.nd -~-l:n~ .• I :un
.J
:l
12 Or Mr. 3uddy Jacobson.
,'
J..'.:.
_._,
1 r~ ::'HE COUR'!':
16
l. -
1 .i.nasmucn ;1s rwbcd:ir bas 1:.2=1tif ied i.:i this c:-ase, _ .J..lll
Ifil. ,:'.!JDDIHGTC·l!:
...
.·
.:. .l
-------------------------------------------··
JO
.:..
..:. ~ell be ~upplied to the C0urt £or ~n camera ~eview. just ~s
th~ records ,::,t Hr. t1argarite .:ire b,=ing ::uppll.ed.
4 MR. GREENAWAY: Just to iniorm the c~urt, Mr.
5 Fh~lder, the DEA agent on this case, has G3.llE.,d down·~-:;. DEA
in washington. .:1-"ld he has ini'crmed me 1:ha-c ,...i th 1:egard to
7 th~ reports that Mr. Zegas -- or rather, the numbers,
8 should say, the file references, that Mr. Zegas has alluded
-co in ::he document .he provided us I think on l1ar.:h -~ 5-ch,
that those reports 0r documents are in the archi?es 0i the
11 I,EA. ':'hey .:::.re :..mabh: at this time to -r.al::. us Hhether ·r..hey
are in ~he Sutland archive repository, or the Washing~on
-3.rchi·.,.·e
TEE CCURT: ijhen will they be abld ~o do so~
t1R. •-;REENAWAY: I nm told chat I ~an have the

. ...
.J.Q document3 in my ~osse~510n in ~wo weeks .
.
..:.. -
: THE COURT:
picking~ ~ury today. and T indicated yes~erda7 s~ar~in~
:1 ~an only tell you
~ha~ l have been ~olct.
23
- - - - - - - - - - - - - - - - - - -- - - - - -
THE COUR'l' : ...:...:.·
b-,.1-.:. we certainly- - -
J I have no objection to that, Judge. I
4 really feel 0nce I hav~ the reports, I wan~ ·to 5how ~he
reports ·t,.::, -:tn exper1: who is f :lmil iar ';-oT i th the: DE.A ccmput.:c:r
s.7!:'T.1:c:m, ::md have him lH:lp me analy::::;e what is the.1.·8 because ...
do h3ve 3uspicions 3bout what is going on or ~hat has done
10 that you are going to provide for me fer in ~amera.
11 correct!~
...' ..,,., MR. •."iREENAWAY: Do I have ~hem in my possession?
13 THE COURT: No 2 I said we have that, that is the
fi::-:ot i.ssue we have. '!"ou don 1 t have "them with ;-•011.
!. 5
16 !:-'.R. GREENAWAY: Yes, I am seeking --
1
;_
'7
I THE COURT: Secondly as ta Ferneborg.
::'HE GSURT:
~o~e oi then you
MR. ,.;EEENAW:i.Y: 'l ': ~

........ J... .J...
25 THE f;OURT :
t.___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ //_,,,./~
------·----------------------
:;i 2
this -che and 70ur f.·:k,nor 1:iidn-' t 1.·ul-e ,:,n l. t un-r;.il
3 thi5 morning. That i..3 the be::;t r ,;an do.
I ;.1ndersto.:.:.Ld.
::.; 1!1 ,-:on text
thi3 par~icular case. a reason tor additicn3l dxcludable

....I r.ime . Let's see now.
(Pause)
THE CCJURT: The Act is quite s-crict; on ~he a&her
10 hand, und-=r particular c..1.rcumstances, .l t do~::; permi-:. f o:::
limited exemptions i~ the interests oi Justice.
12 Perhaps we should 5et some rather strict
limitations and 3tart this trial, ins~ead of next week, on
the 28th of April.
~eaolve all these_ pending rnatter3, would i~ n0t?
1G
1 '7
..!. I THE t~OURT=
!."!R. ;J!iEENA'flAY:
,, 1
..:...1. THE COURT: Hr. Zegas, you have no problem.
asking for mere time?
11R. ~EGAS: ~o, 7our Honor. _ don'~ have a problem.
-,c ~rovisions of the Act. bu~ based upon ~ha~ - have heard ~0w.
... .J
------------------------------------- -- - - - -
:Jeems me tlw.t. t;hr-o :.1nu.sual
•::omplez due t:.o t.:.he -~,ge ·.)i the case, .:tnd. the u!l.-r.ure of t.he
.
•.• impt:::achment mate.rial ~wailai:ile as to the key t,ov~.rnment
witnesses. that it is unreasonable to ex:pec~ adequate
....r. preparaticn within the time limits established by the
.;;ection and ths.-t _ con-r: inuance ..:.>i: a fu.rthc.::.· month ls
required, in the ln-r.eresta of justice .
•b ;::.uch. I ·;.;ill -;:;rc,vide that, I h.::i.ve -;;::reYiousl7
., -;;ro·..rid-=r:i that ~he i::ime from J;.1..nuary 19th -I;;:; 1-iarcn :9th '.,oul,J
·-
And ,.:oun.sel ~-;ill ,~onier and :::ubmi t a it.Jrm of order
12 no later than tomorrow. in f3ct. • would suggest that you
dr:ift tht.:J r:,rdi2.r this ~fternocn .
.14
utilized to the ful~est, by ~11 parties, ana that the case
~3 in tact re3dy to go iorward at that time, I am going ~o

1 ...._,
.a. I .:!.sk !1r. Green.:\way to :sub.mi t in camera wha-i: !1e l~a.s r.ow.
?HE CCUF.'!' :
Eemee10~r that.
- - - - - - - - - - - - - - - - ------------------------------
my possessi~n that he doesn't nave.
THE GOUR'r: Now, as to all oi those, you said cwo
weeks. Why don't ;rou see if your •Jllent can do i·t ar-7
prcmpte.c than two weeks, .::nd report, ::1nct them
working irnmediately on i·t.
t-lR. GREENAWAY: They are i~deed --
THE COURT: And report back to me on Tuesday, th~
C
'·' 5th by telephone conference at 5:00 p.m.
t1R. GREENAWAY: Fine, .Judge.
10 t1R. ZEGAS: \)ne final thing, .Judge.
11 THE COURT: Ye::..
12 till. ZEGAS: Before we all pass out,.
13 THE COURT·: _es.

V'
MR. ZEGAS: Because there have been gapa in Nhat ~
15 found in discovery, I requested copies oi th9 presen~ence
?."-sports of t!argari te -!ind Ferneoorg and th~ appli;;ations to
!. 7 the ~itness protection program.
lJ
t.he 1,~xaminer ::l.Il i::;,::.eni::ior. on behalf to murder Ferneborg.
I d-:m ' ~ know
THE GC-URT: Your argument is that. -~~11. the
,-, ;::
:.. ., Governmeni:; agent. is.
-------------------------------
J5
Th~t's right. that's righ~.
2 8.xactlj· what happened here, by the Government; s own
soncession and I found that in a brief tha~ your Honor ~ad
,_i,i rected --
0 THE COURT: What a.re you seeking. :i. motion .in l imine
that ;/OU can use tl:at ior impeac.hment?
7 1-1..R. ZEG.AS : I would like to knew what is "therr~ 3.nd I
would be ~illins to hav~, to ~ubmit to have 70ur Honor
10 1'HE COURT·. The Sovernment has ~cncedeci that he
I 1 lidd. :;.:ight --
-'--
1 .-,
-.:.. MR. ZEGAS: I don't mow exactly what was 3a.1d.
don: ·t:. have a ·rerbat::.m tr::mscript, They don'~ have the

•
!.·.t
I
reports; if they do, 1 would like to have chem.
:. 5 TEE COURT: Do you have a transcript, Mr. Greenaway?
Tho :-..t1missit•ili ty or polygraphs i!:3 not relevant. ·rhe point
:..7
tes~irnony ~f James ~ealaon that was given to Mr. Z~gas ~n
----------------------------
-::irder.
Now, 3econdly, ~hiz incident, there is ~othing --
J --.hat happened is !1argarite t.ook a polygraph questiorL
was asked. 3L'e you tr3,"ing tc; get into the pre-gram tc, harm
anyone? Okay.
He told them yes -- th~n he said I would like to expl~in and
he ':old the agents, y-es, .I ::.ave t.he:ught about it, bu·t I
J.nd ·that is the long .::nd t.h.e shcrt ·.:,f

• .J..
!O .I.'-'•
., 1
-..t.. THE COURT: 1 understand . .But I thi!!.k t.ha-c. it. i3 a
:suojec-c that ma~r well bt~ .susceptible to explanation .Jn cross 1
__J 13 examination. and may be e.:i:plained or :1.0-c. explained. ::;ut ~.,e
14 have a finding of a mi.sstat{':!ment t0 a Government agent,
1.5 which 3eems to me relevan~ on the question oi ~redibility.
16
~hat in your possession?
:::;,:,:,, c~men t.
.::.o THE COt1RT:
:-ffi. GF.EENAWAY : tb procl-9m.
mind doing it. if 7011 could review thesa -3.ppiications to th,~
wi t::iess protec"tion program in ;;amera. :tnd the ~resentence
---------------------------------------------
CERTIFICATION OF SERVICE
I certify that on October 10, 1991, I arranged for
delivery by Federal Express of the annexed Notice of motion,
and memorandum of law upon Bruce Levy, Assistant United States
Attorney, United States Attorney's Office, 970 Broad Street,
Newark, New Jersey 07102.
Dated: October 10, 1991

---
-------------------------------x
I
- V - 83 Cr. 199
. .I
(..,.)
STEN LUNDAGER
-.~
_,._'.)
_,_ ,_.
Defendant. .,., 'r ..~
,.r.:
,,__-
.. ~
-------------------------------x
MOTION FOR RELEASE ON CONDITIONS
Defendant Sten Lundager, by his attorneys, Bernstein & Milner,
moves for release on conditions pursuant to 18 U.S. C. Section
3142(c). The proposed conditions of release are set forth in the
attached declaration of Roger J. Bernstein. Defendant also relies
upon the memorandum of law submitted herewith.

September 16, 1991
BY:
oge
Attor eys for Sten Lundager
530 Fifth Avenue
Tel: (212) 768-3171
(RB 9501)
-------------------------------x
- V - 83 Cr. 199
STEN LUNDAGER
Defendant.
-------------------------------x
Roger Bernstein hereby declares under penalty of perjury
pursuant to 28 u.s.c. Section 1746 that the following is true and
correct:
1. I am counsel for Sten Lundager in this matter. I have
inquired of Mr. Lundager concerning the financial assets available
to him to secure his appearance before this Court. His assets

consist of the following:
1. Bank account in Citibank, Canada

(approximate balance: $10,000)
2. Bank account in Citibank, Spain

(approximate balance: $15,000)
3. Real estate in Ft. Lauderdale, FL.

jointly owned with Angela Pelafique
(approximate value of $75,000, subject
to $45,000 mortgage, per Ms. Pelafique).
2. I am advised by Mr. Lundager that these bank accounts
constitute all of his savings and that the foregoing is a complete
list of his financial assets.
3. In addition to these assets, Maya Reeves, an employed
individual living in Trenton, New Jersey, is willing to co-sign a

-. t ♦'·
bond to secure his release, and is willing to house Mr. Lundager
in Trenton, New Jersey and to assume supervision of him and
reporting obligations as a condition of his release.
4. In addition to these financial assets and an employed
surety, Mr. Lundager is willing to be placed under house arrest in
Ms. Reeves' house and to wear a non-removable "electronic bracelet"

to monitor his confinement there, as well as to report on a
periodic basis when required by any pretrial services agency.

Finally, Mr. Lundager is willing to abide by any other restriction
that the Court may impose as condition of release on bail.
5. I am advised by my client that he left the United states
in 1981, i.e., two calendar years before the return of the instant
indictment on July 1, 1983. Thus there is no basis for the
suggestion of flight to avoid prosecution that appears in the
pretrial service's officer's report.

September 16, 1991
TRENTON
;q,I
---
Office Date of Proceed1ngs
Jucge GARRETT E. BROWN, JR.

Electronic Sound (Returnable Date of Motion)
f ; ~ } t Reporter Bill Carothers
Courtroom Deputy (Date Motion Filed)
x~~~~, JoAnn Mattis
..- _,
Title of Case:
UNITED STATES OF Af'..ERICA Docket I: CRIM. 83'-/'7~
-vs- (Arbitration--Yes Ne
FILED
Appearances: SEP 1 O1991
UNITED STATES ATTORNEY
By: PA-ul ShAftio fl-U~A- ••:39 ·
WILLIAM T. WALSH
,.1
. I CLERK
R<:.q r K., /3~ s h!/1? /L-~ /i:),e_ j)ePt-; / ?,eo flM . qrevd/ ,
Apfe~~an~~ enf-eeeo.
Nature of Proceeding: · ARRAIGNMENT· .

plea : Not Guilty to Count ( s )
Ordered trial date set. for
Ati {!_,,,u;,fs
// lfet4 _'/ .A- ~ cf-men f--
a:;,f- f/,'O ~
Ordered ~.n::ren-no/1 Be... Mn In lleJ:2
CJ t:.. o~ Fore.. ""J> ·, s Q..oY e,,ey en,ee e.,o.,
Disposition:
Adjourned to:
------- Time Com:;ienced: /d.',s"c(-J;(l!Time Adjourned /:UJf?!/
. ~~
El\ffERED

Plaintiff 83-199-05
v.
STEN LUNDAGER c.::~::·
.._• ...._. ~ C ·;<)~!)ER FOR DISCOVERY AND
INSPECTION
In order to eliminate unnecessary motions for discovery in
this case, to eliminate delays in the presentation of evidence
and the examination of witnesses, and to expedite the trial pursuant
to the provisiO?S of the Speedy Trial Act of 1974,
~✓~ ft')
IT IS ORDERED:
1. Conference. Within t~±-0-) days from the date hereof, j'h

defendant's attorney shall meet and confer, and the government
shall:
(a) Permit defendant's attorney tp inspect and copy
or photograph any relevant written or recorded statements
or confesiions made by the defendant, ~r copies thereof,
within the possession, custody or control of the govern-
ment, the existence of which is known, or may become known,
to the attorney for the government.
(b) Permit defendant's attorney to inspect and copy
or photograph any ~elevant results or reports of physical

or mental examinations, and of scientific tests or experiments
made in connection with the case, or copies thereof, within
the possession, custody or control of the government, the
existence of which is known, or may become known to the
attorney for the government;
(c) Permit defendant's attorney to inspect and copy
or photograph any recorded testimony of the defendant
before a grand jury;
(d) Permit defendant's attorney to inspect and copy
or photograph books, papers, documents, tangible objects,
buildings or places which are the property of the
defendant and which are within the possession, custody
or control of the government;
(e) Permit defendant's attorney to inspect an9 copy
---- -- ---- - --G-r-..phG-togr.a-p-h--the --def-e-nda-n-t_!_s.-p.r..i-or--e:riminal .-record in the
possession of the attorney for the government;
(f) Permit defendant's attorney to inspect, copy or
photograph any exculpatory evidence within the purview
of Brady v. Maryland.
(g) If there is more than one defendant named in the
indictment, and if the government intends to introduce

. '
into evidence in its case in chief a confession made to
·law enforcement authorities by one defendant which names
or makes mention of a co-defendant, then the government
must make a copy of that statement or confession available
to counsel for the non-declarant defendant, along with a

proposal for its redaction to conform with the require-
ments of Bruton vs. United States. If the government
makes no such disclosure and turnover within the time
period allowed, the confession may not be received at a
joint trial of the declarant and non-declarant defendants.
If, within ten(lO) days after receipt of the confession
and its redacted version, counsel for the non-declarant
defendant makes no objection to the redacted. statement,
he will be deemed to have acceded to the receipt of the
redacted statement into evidence.
2• Disclosure Decline. If, in the judgment of the
United States Attorney, it would be detrimental to the interests
of justice to make any disclosures set forth in paragraph 1,
disclosure may be declined, and defense counsel·advised in
~riting of the declination within five (5) days of the Conference.
If the Defendant seeks to challenge the declination he may
move the Court for relief in the following manner:
(a) No later than five (5) court days from the
time that the government declines, the defendant shall
file a motion for discovery or inspection.
(b) The motion shall notice a hearing on the
next appropiate motion day pursuant to the provisions
of General Rule 12 of the General Rules of this Court.
(c) The motion shall set forth (1) the statement
that the prescribed conference was held; (2) the date

of the conference; (3) the name of the Assistant
United States Attorney with whom the conference was
held; (4) the matters which were agreed upon; and
(5) the matters which are in dispute and which require
the determination of the court.

3. Continuing Duty. Any duty of disclosure and
discovery set forth herin is a continuing one and the.United
States Attorney shall produce any additional information
gained by the government.
A. Exhibits. The government shall pre-mark all exhibits
which it intends to introduce as part of its direct case and
shall permit.defendant's attorney to inspect and copy these
exhibits 30 days prior to the commencement of trial. A set of

--
such pre-marked exhibits with an exhibit list should be turned
defendant's exhibits shall also be pre-marked but need not. be
disclosed until actually used at trial. The government shall
also pre-mark all Jencks Act materials s6 that no trial delay
is encountered while they are marked at the time of turning over
to defendant's counsel.
5. Authenticity of Exhibits. The authenticity of all
exhibits examined by defense counsel pursuant to the provisions
of paragraph 4 of this Order will be deemed to have been accept-
ed by the defendant unless defense counsel files with the court
14 days prio; to the ~ate of trial, a notice that the authenticity
of the exhibits will be contested by the defendant at trial,

together with a statement delineating why the authencity of
the exhibit is being challenged together with a certification
that the challenge to authenticity is being made in good faith.
6. Chain of Possession. When defense counsel has
examined an exhibit pursuant to the provisions of paragraph 4
of this Order, the chain of possession of the exhibit will be
deemed to have been accepted by the defendant unless defense
counsel files with the court 14 days prior to the date of trial,
a notice that the chain of possession of the exhibit will
contested by the defendant at trial together with a statement
delineating that the authenticity of the exhibit is being challenged
and a certification that the challenge to authenticity is being
made in good faith.
7. Scientific Analysis. When the government has disclosed
the scientific analysis of an exhibit proposed to be introduced
at the trial by the government, which analysis has been determined
by an expert in the field of science involved, then the scien-
tific analysis of the exhibit will be deemed admitted unless
defense counsel files with the court pr~or to fourteen (14) days
of the trial a notice that the scientific analysis of the exhibit
will be contested. All pre-trial motions shall be filed on/before
/t
/.I' O /9( ;the Government shall respond on/before
___f_l<---L----; motion will be returnable on I0./4.(/91 fJr / ~/?JM..
-,.,-(.)-LV:-1_7_/;
WITH A MANDATORY STATUS CONFERENCE TO FOLLOW. Trial shall commence
on 11/6 /f; f ~ ~-
Dated, 00/91 E. BROWN, JR., U.S.D.J.
UNITED STATES DISTRICT CQUPm
DISTRICT OF NEW JERSEY'
Minutes of Proceedings
-
Newark 8-26-91
Judge G. Donald Haneke

Court Reporter Tape #91-30
(Date Motion Filed)
Deputy Clerk Irene T. Tosato
Others
Title of Case: ~\..·(TLt~h
U.S.A. vs. STEIN LUNDEGAR ·Docket t: CR. 83-199 ( ~ )

(Arbitration--Yes No __ )
Appearances:
Bruce Levy, AUSA
Michael Carey, Esq., Carey & Ward, 230 Park Ave., Suite 2240, New York, N.Y. 10169
(Tel. #212-697-9494) for deft.
f I LEo
Nature of Proceeding:
Detention hearing before Magistrate Judge.
Ordered deft. detained/no bail pending trial. .
Ordered deft. remanded to custody of the U.S. Marshal.
At8:30, •• • • •••••.•• ,, •• .M
WILLIAM T, WALSH
CLERK
Adjourned to: Time Commenced: 2:50 PM Time Adjourned 3 PM

-------
Deputy Clerk
cc: Chambers
(L'ICTZ: Use reverse sic.:? fer additional infc.::-::1.~t:.:::r:.;
r , , . ,, ,=:,,. -
A0472"(8/85) OrderofDetentidnPendin~~..ial 1i r 1,""'··-': q :, , .
V ii ~ ~ "..:rF l j \; ,' . I
~rtitcrt ~tatcs
- - - - - - - - - - - - - - - - - - · DISTRICT OF _N_._J_._ _ _ _ _ _ _ _ _ _ _ _ _ _ __
~isirtcr Qlourt
V. ORDER OF DETENTION PENDING TRIAL
STEIN LUNDEGAR Case Number: CR. 83-199 (J1:1dge•"Gerfy)
Defendant
In accordance with the Bail Reform Act, 18 U.S.C. §3142(0, a detention hearing has been held. I conclude that the following facts
are established by clear and convincing evidence and require the detention of the defendant pending trial in this case.
Part I - Findings of Fact
□ (1) The defendant has been convicted of a (federal offense) (state or local offense that would have been a federal offense if a cir-
cumstance giving rise to federal jurisdiction had existed) that is
0 a crime of violence as defined in 18 U.S.C. §3156(a)(4).
0 an offense for which the maximum sentence is life imprisonment or death.
□ an offense for which a maximum term ofimprisonment often years or more is prescribed in _ _ _ _ _ _ _ _ _ _ __
□ a felony that was committed after the defendant had been convicted of two or more prior federal offenses described in
18 U.S.C. §3142(0(1)(A)-(C), or comparable state or local offenses.
□ (2) The offense described in finding 1 was committed while the defendant was on release pending trial for a federal, state or
local offense.
□ (3) A period of not more than five years has elapsed since the (date of conviction) (release of the defendant from imprisonment)
for the offense described in finding 1.
□ (4) Findings Nos. 1 and (2) (3) establish a rebuttable presumption that no condition or combination of conditions will reasonably
assure the safety of (an)other person(s) and the community. I further find that the defendant has not rebutted this presump-
tion.
~
Alternative Findings
(1) ~ e is probable cause to believe that the defendant has committed an offense 1;-
l!S] for which a maximum term of imprisonment often years or more is prescribed in 1,-/ <..t.J" C \I al[,. .2 H (:., n-:t,-
0 under 18 U.S.C. §924(c). J
~(2) The defendant has not rebutted the presumption established by finding 1 that no condition or combination of conditions will
reasonably assure the appearance of the defendant as required and the safety of the community.
Alternative Findings
□ (1)
□ (2)
□ (3) There is a serious risk that the defendant will flee.

□ (4) There is a serious risk that the defendant will (obstruct or attempt to obstruct justice) (threaten, injure, or intimidate a pro-
spective witness or juror).
Part II • Written Statement of Reasons for Detention
. I find that the credible testimony and information.3 submitted at the hearing establishes by clear and convincing evidence that
ENTEREl) f Il E
UI
o•, 9- II 19
G. DONALD HANEKE, U. S. MAGISlRArl;
Part III • Directions Regarding Detention

The defendant is committed to the custody of the Attorney General or his designated representative for confinement in a corrections
facility separate, to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal. The de-
fendant shall be afforded a reasonable opportunity for private consultation with defense counsel. On order of a couiof th United States or
on request of an attorney for the Government, the person in charge of the corrections facility shall deliver e defen nt t the United States
marshal for the purpose of an appearance in connection with a court proceeding. C
Dated: August 26, 1991 .,/ ~

t:' ~
G. Donala Haneke, u . . ~
Judicial ~c~r .
str te
lJnsert as applicable: (a) Controlled Substances Act (21U.S.C. §801 et seq.); (b) Controlled Substances Import and Export Act (2 U.S.c~fil et seq'{ or (c) Section 1 of
Act of Sept. 15, 1980 (21 U.S.C. §955a).
2Jnsert as applicable: (a) Controlled Substances Act (21 U.S.C. §801 et seq.); (b) Controlled Substances Import and Export Act (21 U.S.C. §951 et seq.); or (c) Section I of
Act of Sept. IS. 1980 (21 U.S.C. §95Sa).
3"The rules concerning admissibility of evidence in criminal trials do not apply to the presentation and consideration of information at the [detention] hearing." 18 U.S.C.
§3142(!). See I 8 U.S.C. §3142(g) for the factors to be taken into account.
Criminal 83-199-03
FILED
?.~·.: ..
;·~::: ..
..... APR 1 ~t 1989
STEVEN 1-G~UFMAN ,1 -·
Trenton, New Jersey

.July B, :tt_;igg
BE FDR E~ THE HONORABLE GARRETTE. BROWN~ USDJ
APPEARANCES:
JOSEPH GREENAWAY, ALISA

Fer the Government.
f'.'.1LJiN ZEGAB, Ef.iG"!.

For the Defendant.
Lynne John~on, CSR, CM

Official Court Reporter
U. S. District Court
F'. D. Bn:-i 6822
Lawrenceville, New Jersey 08648
609--896--· 1 B~.::06
Pursuant to Section 753, Title 28 USC, the following

transcript is certified to be an accurate transcription of
my stem1.:i9r-c:1phic: notE'!S in the~?--entitJ.ed mc:1tt.E=~r.
·-47-~
l..ynne Jol-/4n,
a~~--CSH, CM
1 THE coui:rr: United States versus Steven Warren
( Mr. Greenaway appearing for the United States.
3 Mr. Zegas appearing for the defense.
Good afternoon~ your Honor.
Good afternoon, your Honor
6 THE CDLJHT: This is the time set for the sentencing.
7 Mr. Zegas, have you and your client reviewed the presentence
9 Yes~ we have, your Honor.
10 THE COURT: Do you have any additions or corrections
l '.2
13 THE COURT~ What ar··c~ they?
l4 On the first page, my name 1s mis-
15 It says Alex Zegas, i t should be Alan.
1.6 be:~ i:ffl "LI!. That is the major correction.
:l 7 THE COUF<T: Any other changes?
18 On pages 2 and 3 of the presentence
THE COURT:
2:l. First, your Honor, Mr. Kaufman did not
meet either Mr. Fernberg er Mr. Margarite until 1978. I
believe the conspiracy dates back to 1977.
24 whether the Government meant to suggest that Mr. Kaufman met
25 Fernberg and Margarite earlier than that, but in fact did

(
1 not meet these people until the fall of
2 THE COUHT: It says in the fall of '77 1 Fernberg,
Margarite and the others conspired. It doesn't say the
4 others included Kaufman. It says Fernberg and Margarite
5 provide a portion of these Thai sticks to Kaufman. You say
6 Kaufman did not meet these individuals until when?
7 MF<. ZEGhS: The fall of 1978 1 your Honor.
8 THE COUffl": Does the United States dispute
:i. i) I believe i t was July, 1978, I am
:1.1 sc:ir-r-y.
12 THE COUHT: De you disagree with the defense's
13 assertion that July of '78 was when they met?
Make i t simpl~, Judge, any factual
15 allegation that Mr. Zegas disputes with the Government's
16 version I oppose, because this is what I was prepared to
17 prove at trial 1 and I stand by it.
18 THE CDURT: But what you were prepared to prove,
19 how does that go to when the parties met?
MR. l3REENhJ;.JAY; Well, Jucige 7 I said in here when
21 they met and if ha says i t is otherwise, I dispute it.
. ::..;;.,
•-~, l''j
THE COURT: It says, it doesn't say that .
It says in the early part of 1978
they gave him --

4
Early part of '78, he says July~ '78.

(
THE COUl::::T: The question is whether that~=
5 That is for the Court to find.
6 THE CCJUF<Tn Okay .. Any ether additions or
7 corrections to page 2 only?
Also on page 2, your Honor, the
9 defendant denies that he distributed any Thai sticks, and he
10 denies that he invested $35,000 in the cocaine deal.
11 THE CDUHT: Do you have extensive additions or
12 corrections to this report?
l Lj. Okc:1.y .. PrcH::ecc1d ..
On page 3, Mr. Kaufman denies investing
16 $200~000 in Thai stick deal, and he denies investing or
l.7 selling cocaine.
:1.8 THE CDURTn Ok.~y.
He also denies taking in a million
20 dollars from various deals alleged to have been, alleged to
21 have occurred by the Government.
22 THE CCll.JRr: Ok,:1y ..
And finally, your Honor, on page 4, Mr.
24 Kaufman disputes the allegation that during 1980 he engaged

1=-=-·
\,~,.-·
in the sale of approximately 7,000 pounds of marijuana and
(
1 made payment to the seller of those drugs in approximately
( ~t:=5.4 million in cash. He has never been charged with such a
3 crime, he disputes that that occurred.
4 THE COLJF,:T: Are there any other additions,
5 corrections, or modifications to the presentence report?
MFL ZEBAB~ l\lc.1 ~ your Honor.
7 THE COUHT~ Are there any other materials that I
8 should have received that I don't currently have before me?
MF<. GF<EENhvU-) Y; Nothing from the Government, your
u. MR. ZEGAS~ Nothing from defendant, your Honor.
12 THE COUF<T~ And you have had a full
opportunity to review the presentence report, is that
MR. ZEGAS: And Mi. Kaufman has
reviewed it as well. And we have also signed, your Honor,
17 the forms provided to us by probation, one is a notice to
18 defendant concerning the presentence investigation report,
19 c:lnd thr-~ c.1ther c:c:mtc:~i f'l'?..; t.t·1i:~ modi ·f- i cation that ~-H::o c:c:mt:end
20 needs to be made to the report.
21. THE COURT: Perhaps you could provide me with a copy
Yes, I will hand both of these documents
24 up to your clerk, your Honor.
THE COURT~ Mr. Kaufman, have you had an opportunity

( (
t._-,
1 to review the presentence report?
:2 THE DEFENDhNT: Yes 1 I have, your Honor.
THE COUF(f: Are there any additions or corrections
4 other than those stated by your attorney?
THE DEFEND,'.::iNT:
6 THE COURT:
7 Now, Rule 32(c) (3) provides that the Court shall
8 afford the d&fendant and defendant's counsel an opportunity
9 to comment on the report and in the discretion of the Court
10 to introduce testimony or other information relating to any
11 alleged factual inaccuracy contained in i t .
I thereafter should make a finding as to the
13 allegation or a determination that no such finding is
14 necessary because the matter controverted will not be taken
15 into account in sentencing.
:1.6 Now 1 we have a number of aspects which Mr. Kaufman
17 It would appear from the defendant's statement
18 alone, the defendant's version, and the matters set forth at
19 the plea as well as the fact that the penalty is up to five
20 years 1n prison, and/or a $25,000 fine, that the Court's
21 sentence after hearing from defendant and his counsel might
22 well be the same whether I took these into account or not,
23 given the fact that also the defendant is serving a
24 fifteen-year sentence at the pr~sent time.
Unless, does the defense wish to introduce any

(
1 testimony or other information relating to any alleged

( factual inaccuracy as set forth in your statement on the
4 Your Honor, I rely on what we proffer to
I don't think that it is necessary for yo~ to consider
6 these other allegations in connection with imposing
7 sentence, particularly in light of the agreement that we had
8 reached with the Government concerning what sentence the
9 Government is willing to recommend to the Court.
10 I suggest that, also, your Honor, I refer your Honor
11 to page 4 of the presentence report where defendant outlines
his version of the offense. And I think that you can see
13 from Mr. Kaufman's own version that he recognizes that he
14 committed a crime, he helped arrange for $100,000 loan which
:l5 was secured by an airplane of Margarite'&. Ht~ knew th,:7\t ----
16 THE cour.:;;T: He went to Thailand and stayed two weeks

-,
1. I and, to set up this transaction.
j,8 And he knew that i t would involve 70
:l9 pounds cf Thai sticks. So I think that what he has admitted
20 in the presentence report is serious enough, without the
21 necessity of muddying the waters with these allegations that
22 are contested by Mr. Kaufman.
THE CDUFff: What is the United States' position on
24 this?
Based on the agreement that we have

(
C:)
c_,
1 reached, I don't think that a hearing is necessary.
However, I would state that we obviously have been at strong
3 variance with the version of the facts.
THE COUHT: Obviously 1 but in light of the United
5 States' position, in light of the factual basis set forth by
6 thf.? cle;;,ft-?ndant ,1 I don't knoi,,J thed:: I need ·t.o tctke -the·:i-e
7 additional aspects into consideration in imposing my
0
I Frankly, I don't think you de.
10 THE COURT:
11 before I pronounce sentence?
:l2 MF< .. ZEG;:~S: Yes, very briefly, your Honor.
If your Honor would remember, we have agreement with
14 the Government that we are both going to recommend to the
15 Court that any sentence that the Court imposes will run
16 concurrently to fifteen, it is -- to the fifteen-year term
that Mr. Kaufman _is now serving. And the reason for that
18 recommendation is because this offense? Judge, occurred in
19 more than ten years ago. The offense for which he is now
20 serving time occurred subsequent to that, it 1s a serious
21 offense and there will really be no penolcgical purpose
22 served if Mr. Kaufman were required to do additional jail
23 time for an offense that was committed so long ago.
I believe that particularly~ your Honor, in light of
the sentences that the others had received in this case~ the
(
C,
1 ethers being sentenced by Judge Stern, there is really no
2 purpose to be served by harshly treating Mr. Kaufman fo~
3 something that occurred so long age, particularly in light
4 of the sentence that t,e is currently serving.
5 And in light of these factors, Judge, in light of
6 Mr. Kaufman being an educated man, coming from a good
7 family, I would ask your Honor for leniency iM your
8 treatment of Mr. Kaufman, and I would also ask your Honor to
9 adept the suggestion as to sentencing that is being made
10 both by defendant and by the Government. And I would ask
11 your Honor to include, I believe it is in form AO 35 that is
12 submitted with your Honor's report at the time of
13 sentencing, that you ~~ecifically instruct Probation and
14 Parole that they are to disregard the fact of this
15 conviction in considering Mr. Kaufman's parole eligibility,
16 on the term that he is currently serving.
17 I didn't think any penological purpose would be
18 served if Parole were to consider the fact of his conviction
19 in light of what time Mr. Kaufman is already doing.
20 I would also ask your Honor that to the extent that
21 you do impose a sentence upon Mr. Kaufman, that he be given
22 credit fer time that he has served since being transferred
23 from South to MCC.
24 THE COURT: When was that?
25 MR. ZEGAS: July, '86, your Honor.

1 THE COUFrr~ He has been here on this case since July
(
THE DEFENDP1NT: Nc1.
He has been up here, your Honor, I am
5 sorry, since October af 1987. And in 1986, he had written a
6 letter to the United States Attorney's office indicating
7 that he was currently incarcerated down south, that he
8 learned of these current charges against him, and he asked
9 for a speedy trial in his letter. So he we would ask that
10 the time served date back to the time that he requested a
11 speedy trial.
Judge, only on that point of fact,
13 since I am basically going ta be quiet here, the letter was
14 received by the United States Attorney's office sometime in
1 1.:.-
,J July or August of 1987.
16 THE COURT: I don't know that I can take the time
17 into consideration befor~ he was in fact brought up here.
18 In any event, I think i t is somewhat academic since he is
19 serving fifteen years on the other charge. I ;_=,.m inc:l:i.ned to
20 give him credit for the time served since October of '87,
21 when he was in fact brought up here.
Anything further, Mr. Zegas?
Nothing further.
THE CDUHT: Mr. Kaufman, do you wish to be heard
before I pronounce sentence on you?

( (
:I. 1
1 At this time I have

( One thing, if I could apologize, if I
interrupted you, and I have been incarcerated since July of
4 '86, on the detainer, on this detainer, along with my other
5 cases,.
6 THE COURT: There was a detainer filed in July cf
8 THE DEFEND?)I\IT: I don't really know.
THE COUFH:: Is that correct?
1 (; It is net correct, Judge, because we
11 didn't know of Mr. Kaufman's whereabouts.
THE CO!..JHT: When did you file the detainer?
We sought to have him brought up
14- here in July of, or rather, September of 1987.
15 warrant has been outstanding en this man since July 8 of
16 1';/ff::..
17 THE cou1=n: That doesn't affect i t at all.
:LB So there is no detainer, per se.
19 There is a warrant outstanding for him since July of '83.
20 THE COURT: There is a difference
21 between a detainer and a warrant. I can't give him credit
22 for the time the warrant was out standing and he was
23 somewhere else.
Nothing from the Government.

1 THE DEFENDANT~ I have nothing further to say, your
( .
2 Honor.
THE COURT: Very well.
4 Steven Warren Kaufman, you stand before this Court
5 convicted? based upon your plea of guilty of distribution cf
A marijuana 1 a crime for which the Congress has prescribed a
, penalty of up to five years in prison, and/or a $25,000
8 fine.
9 As I look at your background, your record, and your
10 history, I don't know how I can reach you. I t seems to me
11 that anything that I am going to say probably should have
12 been said some time ago 1 and was probably said by the judge
13 in the other case.
14 I am quite concerned about your background, I am
15 quite concerned about the possibility of recidivism. You
16 are going back to the same course of conduct that you have
17 gone back to before.
18 You have had a lot of advantages, it doesn't seem
19 to have made too much difference.
20 On th& other hand, I consider the fact that this
21 crime was committed prior to the other one that you are
22 currently serving fifteen-year sentence, and that sentence,
23 I believe you were given credit for being in custody since
24 the time you were in custody on that case which was July of
25 1986. I am inclined to agree with the Government, that a

(
1 consecutive 5entence appears unwarranted, because this
2 offense occurred prior to the one in the Western District of
I also feel that a maximum sentence is required.
5 It is the judgment of the Court that the defendant is
o committed to the custody of the Attorney General of the
7 United States or his authorized representative for
8 imprisonment for a term of. five years, said sentence to run
9 concurrently with the sentence imposed on June 16, 1987 1 by
10 the Honorable Walter S. Smith, Jr., United States District
11 Court~ Western District of Texas, on criminal number 80-86
12 CR-99- 014.
13 It is further ordered that the defendant serve a
14- special parole term of ten years. No special assessment is
required, and no fine is imposed. I believe the fine was
16 already imposed by Judge Smith.
17 I am assessing the special parole term because I
18 think that you are in need of substantial supervision. It
19 is my sincere hope_that when you are paroled from the prior
sentence~ that you will remain law-abiding. 1-\nd if I can do
22 the reason I am imposing a special parole term.
listened to your statement that
'"".i il
...:.. ~-r the United States sought the writ in September of 1987. You
have been here since October of '87. I will take that into
( (
14
1 account, and I will give you credit fer time served on this
(
' 2 sentence since September of 1987, when the United States
filed the writ.
4 Now, I don't know what more I can say, Mr. Kaufman.
5 You don't seem to be a person that learns from experience,
6 but maybe at this juncture of your life, you are now 41
7 years old, I think, and this seems to be your first
8 substantial experience inside a prison. Maybe you will
9 avoid further criminal activities. I sincerely hope so.
10 Because if you are out on parole and you violate parole, why
11 I don't think the courts would be inclined to be lenient
12 with you.
13 Anything further?
14 MR. ZEGAS: One thing, your Honor. As part of the
15 plea agreement, the Government was willing to recommend that
16 Parole not consider the instant offense in determining
17 parole.
18 THE COURT: Yes. I think that is in line with my
19 ruling 9 that it should be fully concurrent because it was
20 prior to the offense that he is serving time for now. So I
21 will recommend that.
22 MR. ZEGAS: I appreciate that? your Honor.
23 THE COURT: And the probation officer will draft the
24 appropriate recommendation.
25 Anything further?
( (
1 THE DEFENDANT: No.
THE COURT: Very well.
...
1 \,)
11
:l.2
16
17
:l9
21
r··'· :··,;'ISTRIC1:. OF NEW .JERSEY c· ::r~
Trenton·
Office ~ate of P~oceedings
.. _-.. (
· Judge GARRETT .. E. BROWN · .· 12-5-88
&unf' ·S·;,,- .:,· · . ·K1 ·•-cy

E/eQ,7(r)h1~
Court-Reporter Fefn:z,n,-t,., /) 4V-rl 1
f'
. .
·(Returnable Date
.·
of Motic
Other ( s) doJ/111 f{,4-t/(s . . (Date Motion Filed)
:· .. Title -:of Case: _Docket #: . CR. 83-19.9

(Arbitration--Yes No XX
-·-
UNITE~ STATES,
--vs-
STEVEN KA.U~MAN,
Appearances:· .
•· ..
. (:,\,.; :/~~ -:· ... ··~ ..
.
.·
. Chamber~.·· .. : . . . . . ,:.,J/< .... ,·:i ..... >,; s · ' ·. . . . ·. . ··

. .(NOTE> jJse -.'reve'rse
. : ~- ~- : .
;
~side . ·.for
. . . .. .
addi ticmal.:,minute·s)
. .
" .
. ··_.-:--·· · ......
_--~-> ,• .:·~ ..
.-~.:i:~\>.~·:t(-~?ri,:•:--· ·-.,< ,- . ,.
,.:.. --
.•
.
ALAN L. ZEGAS, ESQ.

20 Northfield Avenue
West Orange, New Jersey 07052 ARGUMENT DATE:
(201)736-1011 December 5, · 1988
Steven Kaufman

Plaintiff,
v. Criminal No.:
83-199".'"03
STEVEN KAUFMAN, NOTICE OF MOTION TO
REDUCE SENTENCE
Defendant.
TO: Joseph Greenaway

970 Broad Street
Newark, New Jersey At 8:30 ·············--············ i•i
07102 WILLIAM T. WALSH
CLERK
SIR:
PLEASE TAKE NOTICE that on December 5, 1988, at 10
o'clock in the forenoon or as soon thereafter as counsel may

be heard, defendant Steven Kaufman, through his attorney,
Alan L. Zegas, will move before the Honorable Garrett E.
Brown, Jr., of the United states District Court for the
District of New Jersey, at Trenton, New Jersey, for an order
reducing the sentence of def end ant. In support of this
motion, defendant shall rely upon the annexed certification
of Alan L. Zegas, Esq.
No brief is necessary in support of this motion.

ALAN L. ZEGAS, ESQ.

West Orange, New Jersey 07052 ARGUMENT DATE:
(201)736-1011 December 5, 1988
Steven Kaufman

Plaintiff,
CRIMINAL NO. :
v. 83-199-03
STEVEN KAUFMAN, CERTIFICATION OF

ALAN L. ZEGAS
Defendant.
1. I am an attorney-at-law of New Jersey and represent

defendant, Steven Kaufman.
2. on July 13, 1988, a judgment was entered by this
Court, sentencing defendant to a term of five years'
imprisonment and imposing a special parole term of ten
years.
3. Defendant was given credit under the judgment for

time served from October 27, 1987, which was the date on
which defendant was brought to New Jersey for trial. At the
time defendant was brought to New Jersey he was serving a
sentence resulting from a conviction in the United States
District Court in the Western District of Texas.
4. The indictment giving rise to defendant's sentence
in this District was returned in 1983. Because defendant
was not present for trial on the indictment, a detainer was
issued for his arrest.

5. On or about July 6, 1986, defendant was arrested by
United states authorities on the federal charges brought in
Texas. At the time of his arrest, United States agents
found in defendant's possession a document relating to the
1983 indictment against defendant in this district.
6. on or about July 10, 1986, a preliminary hearing was
held before United States Magistrate Philip E. Sanders of
the United states District Court for the Western District of
Texas.
7. Because the detainer issued in this District imposed
a restraint on defendant's liberty immediately upon his
arrest in Texas, irrespective of the disposition of the
federal charges brought in Texas, defendant should have been
given credit at the time of sentencing before this court for
time served beginning on July 6, 1986. At the time of
defendant's sentencing, however, it was unclear when
defendant had first come into federal custody.
8. Moreover, because defendant received a more severe

sentence in this case than many of his co-defendants who
were of equal or greater culpability, the sentence of
defendant should be reduced.
9. I certify that the foregoing statements made by me
are true. I am aware that if any of these statements are
willfully false, I may be subject to punishment.
Dated: November 3, 1988
I certify that on November 3, 1988, I arranged for my
office to place in the mails, on November 3, a copy of the
notice of motion of defendant Kaufman to reduce sentence,

the certification of Alan L. Zegas, the proposed order and
this certification of service to:
Joseph Greenaway
United states Attorney's Office
970 Broad street
Dated: November 3, 1988

·i 13v
} OF AND AUTHORITY TO PAY CA:JURT APPOINTED COUNSEt -. ·
l. COURT. 2. VOUCHER NO.
0 District
3. f.OR (Dl~TRICT OR CIRCUIT)
D Appeals 0 Other~----~---~-'---'---'-------
4. AT (CITY/STATE)
1455867
5. LOCATION CODE
-r:~.:r::~.oehl-:r., T '>:'.1 (<

t;_)
6. IN THE CASE OF 7. CHAR~E/OFFENSE (U.S. or Other Code Citation) 8• 0 PETTY. OFFENSE
USA vs Wona - e-r: a J • ~~FELONY D MISDEMEANOR

9. PROCEEDINGS (Describe briefly) U. PERSON REPRESENTED 12. MAG. DOCKET NO.
FILED l
2
~
D
Defendant - Adult
Defendant - Juvenile
Trial 3 D Appellant
13. DIST. DOCKET NO.
tJJG 1 7 ,@es
4 D Appellee
5 D Habeas Petitioner
6 D 2255 Petitioner Cr. 83-199-03
- - M 7 D Matjlflal Witness
i4. APPEALS DOCKET NO.
10. PERSON REPRESENTED (Full Name) f\lWILL\AM T. WALS~ 8 D Parolee Charged With Violation
9 D Probationer Charged With Violation
CLERK
0 D Other:
Steven Kaufman
15. COURT ORDER
~ Appointing Counsel D Ext. P.ppolntmen_t for_.,Appeal D Subs. c_~unsel fo~: - - - - , - - . , , - - - - - - - - - - - - - - - - - - - - - - -
·· · ,. Name
Because.the above-named "person represented" has testified under oath or has Appt. Date Voucher No.
otherwise satisfied this court. -that he or she (1) Is financially unable to 16. NAME OF ATTORNEY/PAYEE AND
employ counsel and (2) _does not wish to waive counsel, and because the MAILING ADDRESS
interests of justice so require, the attorney whose name appears in Item 16 is
a, .-~ {){J
appointed to represent this perso9,i~ ~hfs· case. Alan. Zegcu:i, Esq.
► ~ ~,
20 ~orthfield Avenue
A-? ?/;~ / West Orange, NJ 07052
Sig. of J'udge/Mag,~trate or-Efy Order of Cciurt-(Clerl</De'puty)
. • . ,v'
► , a no ;r:,.7 17. TELEPHONE No. 1_8. SOCIAL SECURITY NO.

Date of Order Nunc Pro Tune Date
C_LAIM FOR SERVICES OR EXPENSES~' - - - -

19. SERVICE HOURS DATES AMOUNTS CLAIMED
a. Arraignment _and/or Plea I <; c_ C::,.~C'l.l cl
b. Motions and Requests ~s.o
- 0
Multiply rate per hour ·times .
total hours to obtain "In Court"
-a:
1- c. Bail Hearings -
<"-~= C'J.u.Acl .. ,\
compensation. Enter total
below. •
::> d; Sentence Hearings <: <(p,:, Au~. 1-..=d
0
0
-
e. Trial
z f. Revocation Hearings
g. Appeals Court 19A. TOTAL IN COURT COMP.
h. Other (Specify on additional sheets)

(Rate per hour= t •.--. ...::, ;:, ) TOTAL HOURS=
20. a. Interviews ahd conferences Multiply rate per hour times
.total hours. Enter total· "Out
b. Obtaining and reviewing recorc;ts -- .., -, l':>. <::--~ ,-..,..,_,_ __ , = 1.
of Court" compensation
u.. I-
Oa: c. Legal research.and brief writing · ·· · ·- :· · ~.,,') =i; -;:-=--_. ·,;..,:-., -~ below.c1
I- ::>
::>O d.
...'-:.,._h_.~"'"'·:.,.,_,I1,____--120A-c!g,:!;::L OUT o F cou RT
;,~:,..,•."-'~,_,,_,___ _-1---:,;,,;;-:=i~.,-~_C:..,a,"".l-'t-"1'!"\,,..,....~:
00 1---~-:v-a:-:-:i-~-~m-ti-:-e1_:-~-:c-:-f:-h-:-rn_:-:-:-~-t;-:-:-:-~-;fh_Ye_:..;.·~-sl_a_d_d_it-io_n_a_l_s_h_ee_t_s_)--1---...:?1~·.::;
e.
(Rate per hour =u ,._ _::,..;, J TOTAL HOURS= I L4, '-I .
21. ITEMIZATION OF REIMBURSABLE EXPENSES AMT. PER ITEM'

see instructions regarding·the·
requirement to attach receipts.
a:
UI
l:
l- 21A. TOTAL ITEMIZED EXP.
o - ..... •' .... I '-'')"". J I '-•
7 /7..,
• >
'"2, l.u
'
--Z /·n
I
,,
'-' I~ !:f i 7,_
,. . I I
-, /,, I.e.=, '\
l,,-,.;:
22. CERTIFICATION OF ATTORNEY/PAYEE 23.GRANDTOTALCLAIMED
;:·:'·
Has compensation and/or reimbursement for work in this case previously been applied for? DYES ~NO $ C.o fn~=-,-. '-\ -S
If yes, were you paid?_ DYES ;_R'NO If yes, by whom were you paid? _ _ _ _ _ _ _ _ _ _ _ How much?_._ _ 24. DEDUCT PRIOR PYMTS: ·
·Has the person represented paid any money to,you, or to your knowledgeto anyone else, in connection with the $ Cl
.
lswearoraffirmthetruthorcorrectness
► 1 / , , ( ~ --
matter for which you were appointed to.provide/representation? DYES--· •(;),'NO· If yes, give details on addltlonal-sheets.1------>....:.---------
:S
f··-\'1, ;;'··, ,,-,~ · I J / r · ~ - ~
.
-i.\7-R?,
25. NET AMOUNT CLAIMED
_..
of the above statements \, Signafure\ofi"Attoh1QY'/PaJi'e~ \._;> - ►Date $ °:) Co \.o 6.,'""). '-\
UN1 (ED STATES DISTRICT COURT
CAMDEN OFFICE
OFFICE_,OF THE CLERK
U.S.P.O. & COURTHOUSE
U.S.P.O. & COURTHOUSE 401 MARKET STREe.:T
WILLIAM T WALSH NEWARK. NEW .JERSEY 07101 CAMDEN. N ..J. 08101
TRENTON OFFICE
402 E,;sT STATE STREET
PO SOX 515
TREts:T0N. N.J. 08603
- REPLY TO: Trenton

AUG 1 0 1988 August 8, 1988
Hon. Walter F. Stapleton, f.

5323 Federal Building i'.
Lockbox No. 33 !_•
Wilmington, Delaware 19801

: -- ·..:.
Re·: U.S.A. v. Steven Kaufmann, Criminal 83-199

CJA 20 voucher# 1455867
Dear Judge Stapleton:
Enclosed please find CJA form 20 for the above defendant

and Stat~ment of Honorahle Garrett E. Brown, Jr.which supports
the approval of the amount in excess of the statutory limitation
under the Criminal Justice Act.
Upon your review of the same, I respsectfully request that
your secretary return the papers to my Trenton Office.' A return
envelope is enclosed for your convenience.
Respectfully yours,
sh, Clerk .,
alldldl Deputy
Sr,;·
,-. ns
Enc.
402 EAST STATE STREET
CHAMBERS OF
TRENTON. NJ 08605
GARRETT E. BROWN, JR.
JUDGE
August 4, 1988
Honorable Walter K. Stapleton, U.S.C.A.

5323 Federal Building
Lockbox No. 33
Re: United States v. Steven Kaufmann

Criminal No. 83-199(GEB)
This is to request authorization for payment of counsel in

the above-captioned matter. Alan Zegas, Esq. was assigned to
represent defendant Steven Kaufmann on August 30, 1987 by
Magistrate Hedges. Mr. Kaufmann pled guilty on May 19, 1988 ·co a
distribution of marijuana charge and was sentenced by me on July
8, 1988. (See attached list of ·expenses.)
I certify, pursuant to 18 U.SC. § 3006A(d) (3), that the

excess compensation over the statutory amount is necessary to
provide fair compensation in this case.
GEB:sko
UNITED STATES V. STEVEN KAUFMAN
CRIMINAL NO. 83-199-03
In Court Services
a. Pleas
5-19-88 Entry of Guilty Plea.......................... 1.5
b. Motions
2-23-88 Appearance on Pretrial Motions . . . . . . . . . . . . . . . . 2.0
3-29-88 Appearance on Motion of Bronx District
Attorney to Quash Subpoena . . . . . . . . . . . . . . . . . . 3.0
d. Sentencing
7-8-88 Appearance for sentencing . . . . . . . . . . . . . . . . . . . . . ____:2
7.0
Out-of-Court Services
a. Interviews and Conferences
1-15-88 Meeting with Client . . . . . . . . . . . . . . . . . . . . . . . . . . 3.0

2-5=88 Meeting with Client at MCC .................. . 3.0
3-29-88 Conference with client ...•................... 1.0
4-7-88 Meeting with investigator . . . . . . . . . . . . . . . . . . . . 1.2
4-20-88 Meeting with Investigator ................... . 1.0
4-28-88 Meeting with Client and Investigator ........ . 4.5
4-29-88 Meeting with investigator •................... .5
5-10-88 Meeting with Investigator . . . . . . . . . . . . . . . . . . . . .8
5-11-88 Meeting with Investigator . . . . . . . . . . . . . . . . . . . . 2.0
5-17-88 Meeting with Investigator and Review of
tape . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.5
21. 3
Telephone Calls
1-4-88 Spoke with United States Attorney ........... . .3

1-15-88 Calls to United states Attorney and
conference call with Court ................. . .9
2-12-88 Calls to United States Attorney's Office .... . 1.0
2-22-88 Spoke with United states Attorney ........... . .2
2-24-88 Spoke with private investigator ............. . •3
2-25-88 Spoke with informant re: Margarite ......... . ··--. 8
3-9-88 Spoke with United States Attorney and
client . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . o .4
3-24-88 Conference call with Court and U.S. Atty .... . .3
3-30-88 Spoke with United states Attorney ........... . .3
4-5-88 Conference call with Court and U.S. Atty .... . .3
4-6-88 Spoke with investigator . . . . . . . . . . . . . . . . . . . . . . .2
4-12-88 Spoke with investigator . . . . . . . . . . . . . . . . . . . . . . • J.
4-15-88 Spoke with investigator .. ·. . . . . . . . . . . . . . . . . . . . ,1
4-20-88 Spoke with Client . . . . . . . . • . . . . . . . . . . . . . . . . . . . .2
4-25-88 Spoke with investigator . . . . . . . . . . . . . . . . . . . . . . •2
4-26-88 Spoke with investigator . . . . . . . . . . . . . . . . . . . . . . 0 1
4-27-88 Spoke with investigator .......... ~ .......... . .1
4-28-88 Spoke with U.S. Attorney and Court .......... . .5
5-2-88 Spoke with informant re: Margarite ......... . .7
5-9-88 Spoke with Client, Court and U.S. Atty ...... . 1.0
5-10-88 Spoke with Potential Witness . . . . . . . . . . . . . . . . . .7
5-19-88 Spoke with investigator .•..•................. .1
5-19-88 Spoke with informant re: Margarite ......... . .8
6-30-88 Conference Call with Court and U.S. Atty .... . .2
6-30-88 Telepone calls to U.S. Attorney and Court ... . .6
7-8-88 Spoke with U.S. Attorney . . . . . . . . . . . . . . . . . . . . . ~
12.4
Correspondence
1-15-88 Preparation of correspondence . . . . . . . . . . . . . . . . .4
2-24-88 Preparation of Discovery Demands ............ . 1.8
3-14-88 Preparation of correspondence . . . . . . . . . . . . . . . . •3
3-26-88 Preparation of correspondence . . . . . . . . . . . . . . . . 0 2
4-7-88 Preparation of correspondence ............... . .2
4-27-88 Preparation of correspondence and subponaes .. 1.5
5-19-88 Preparation of correspondence . . . . . . . . . . . . . . . . •3
7-11-88 Preparation of correpondence . . . . . . . . . . . . . . . . . ~
5.6
Travel
2-5-88 Travel to and From Metropolitan Correction

Center . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.0
2-23-88 Travel to and From Trenton Courthouse ....... . 3.5
4-28-88 Travel to and From Metropolitan Correction
Center . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.0
5-16-88 Travel to and From Trenton Courthouse ....... . ··4. 0
25.0
Obtaining and Reviewing Records
2-22-88 Review of File............................... 3.5

3-9-88 Review of Discovery. . . . . . . . . . . . . . . . . . . . . . . . . . 1. J.
3-23-88 Review of Discovery and Telephone Conversa-
tions with client and U.S. Attorney re:
production of discovery materials ....•..... 3.0
3-24-88 Preparation of Questions for Trial and
Review of Discovery Materials . . . . . . . . . . . . . . 6.2
4-20-88 Review of Documents .••......................• 1.0
4-27-88 Review of Documents and Preparation of
Questions for Examination . . . . . . . . . . . . . . . . . . 5.0
4-28-88 Review of Documents and Preparation of
Questions for Examination ..•............... 5.0
5-16-88 Review of Documents at Courthouse . . . . . . . . . . . . 2.0
7-8-88 Review of Presentence Report .. ~ . . . . . . . . . . . . . . 1.0
27.8
Legal Research and Brief Writing
2-22-88 Preparation of Brief.... • . . . . . . . . . . . . . . . . . . . . 5. 5
2-22-88 Preparation of Motion Papers and corres-
pondence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ o •• 1 ., 3
3-8-88 Legal Research on Bias and Extrinsic
Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " o • 1 .. o
3-11-88 Legal Research on Bias and Extrinsic
Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . o••· 3.0
3-13-88 Preparation of Brief on Motion to Compel
Discovery . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . 9.0
3-14-88 Researched and Prepared Letter Brief on Duty of
Government to Preserve Evidence ........•..• 5.5
3-22-88 Preparation of Brief on Discovery Issues ..... 6.5
. 3-27-88 Preparation of Brief in Opposition to
Motion of Bronx District Attorney to
Quash Subpoena ••...•.•............•....... 6.5
3-30-88 Legal Research on Evidentiary Issues ........ . 2.0
3-31-88 Preparation of Brief ...••....•............... 5.0
4-1-88 Preparation of Brief ..••..•............•..... 4.0
49,3
Ll:GALI I·~ I:
.12 WINDING WAY
WEST ORANGE, N.J. 07052
jt;/565
Clienl
88 ZEGAS, ALAN
Case Nat
io
.JOS. GOB IC . 180 GLEN
s~J-b'?
__
·-
MONTCLAIR
Service
d
Other Fee
O 20
88 ZE6AS, ALAN U.S. CO T F APPEALS HILADELPHIA PA -f=':.. O 95
88 ZEGAS, ALAN EDNA BAL ELROD U.S. ATTY OFFICE NEIJARK O 20
: ZE6 ~ HALL OF OROS NEWARK O 20
~88~Z""E6i!!IAS:.4-JA:U.LOJ:ANL.,----+-..!c,J~.s=.~o!!...IS~I~CT!!!.C:!...O.!!!UR:.!'.T!!!.!T~RE..,...NT_O_N--------~w.u..~~~'--',;~----_-_,~li~~.Jg)
88 ZEGAS, ALAN LUTZ PRINTING SO. RIVER COURIE O 35
88 ZE6AS, ALAN RNIE HILLER LIJTZ PRINTERS SO. RIVER PICK P O 35
88 ZE6AS, ALAN L PRINTER SO. RIVER IER O 35
88 ZEGAS I ALAN LIJTZ P O. RIVER COURIER O 35
B8 ZE6AS I ALAN ROS ELENE CORRE IA"-T"e'""!:h'n~IC'Tm~-."ii NEffilJi i:AR-v°K- COURIER O 20
~8 ZEGAS, ALAN LUTZ PRINTER SO. RIVER COURIER O 35
38 ZE6AS, ALAN COURTHOUSE OF APPEALS PHILADELPHIA COURIER O 95
l8 ZEGAS, ALAN AXELROD, 970 BROAD ST. NEIJARK COURIER O 20
l8 ZE6AS, ALAN NEil HULLEN 100 EXECIJTIVE DR. STE 3AO WEST ORANGE COURIER O 20
:a ZEGAS, ALAN FEDERAL PUBLIC DEFENDER 976 BROAD ST. NEWARK COIJRIER O 20
:8 ZESAS, ALAN U.S. DIST. COURT CLERKS NEWARK COURIER O 10
8 ZE6AS, ALAN FEDERAL PUBLIC DEFENDER NEIJARK COURIER O 20
8 ZE6AS, ALAN CLERK Of ESSEX CTY COURTHOUSE NEVARK COIJRIER O 20
8 ZE6AS, ALAN AL RIVAS ASST. U.S. ATTY, U.S. ATTY'S OFFICE NEYARK COURIER O 10
8 ZE6AS 1 ALAN DIFFENBACH 1 IJITT IJ 80 CENTURY RD. PARAMUS COIJRIER 1 HOUR ~AIT AO
7 GAS IJPERIOR CI ~ COUNTY COIJRIER O 30
L 7F6AS 1 ALAtJ,, .JOSEPH GREENAIJAY U.S. ATTY BROAD ST. NEWARK COURIER O 20
~ ZEGAS, ALAN BAY CITY MORTGAGE 207 SO. STEPHENS AYE. SO. AHBOY COURIER RE: CONTI
--------------------·-----------------------------------------------------------------------------------------------------------------
~---------------------------------------------------------------------------------------------------u---------------------------------
Monthly Total 735
6rAY TI-JJS Bill IN 7 DAYS

'\ AND DEDUCT l 0%
........ Thank You !!
LEGALINE
12 WiNDING WAY
e Client
~388 ZEGAs, ALAN
Case Na»e
JUDGE BROWN DISTRICT ~Y TkNTON
/ ~ Service
COURIER
Other
so
188 ZEGAS I ALAN SUPREME COURT CLERK & .JOHN MAYSON - TREHTON COURIER - l HR !:JAIT LATE BILLING 60
188 ZEGAS, ALAN U.S. DISTRICT COURT, NEWARK COURIER LATE BILLLING 20
188 ZEGAS, ALAN S. BRECHER KLEINBERG &MORONEY 225 HILLBURN AVE. HILLCOURIER 0 20
288 ZEGAS I ALAN COURT OF APPEALS, PHILADELPHIA COIJRIER 0 95
388 ZE6AS 1 ALAN JOG. ACKERMAN, IJ.S. DIST. COURT - NEVARK COURIER RE:u.s. vs. SCIARRA 20
388 ZEGAS, ALAN .J. NARRON, U.S. ATTORNEYS OFFICE - NEWARK COIJRIER RE: U.S. VS. SCIARRA 5
388 ZEGAS, ALAN U.S. ATTORNEYS OFFICE - NEWARK PICK UP 0 30
188 ZEGAS, ALAN CRITCHLEY &ROACH, HAIN ST. - IJ. ORANGE COURIER 0 20
188 ZEGAS, ALAN JEROME MERIN U.S. ATTY'S OFFICE 970 BROAD ST. NWK COURIER 0 20
'88 ZEGAS I ALAN ESSEX COUNTY COURTHOUSE JDS IJEISS NEIJARK COURIER 0 10
ra3 ZEGAS, ALAN KISHIN &NAINA UTTAHCHANDANI 46 E. BROOK OR. RIVER EDGESUBPOENA 0 30
r93 ZEGAS, ALAN SPEEDY PRINTING 8 CHURCH ST. MONTCLAIR PICK UP 0 20
1
88 ZEGAS, ALAN LAW JOURNAL NH/ARK COURIER 0 20
88 ZEGAS, ALAN U.S. ATTORNEY NEIJARK COURIER 0 10
88 ZEGAS, ALAN NJ LAIJ JOURNAL PASSAIC CTY COURT PATERSON COURIER O 30
88 ZEGAS, ALAN LAY JOURNAL NEWARK COURIER O 20
68 ZEGAS1 Al AN FSSEl comm COURTHOUSE JOG $THON NEWARK COURIER O 20
88 ZEGAS 1 ALAN, U.S. DISTRICT COURT TRENTON COURIER -------r-so-
~38_.=.ZE~G~AS:'...!,..:.A~LA~N~1-_ _ _ __;J~•~G~RE~E~N'.l~A.!. ,Y~u~.s~.,!:'.A.!.!TT~OR~N~EY~O~F!..:Fl~C;.,E~NE:!!r/!!!AR~K_ _ _ __.:C~O~UR~IE~Rc..----------.lJ-00 _10__)
i8 ZEGAS I ALAN KAREN HCNULTY U.S. ATTORNEY NEWARK COURIER N
)8 ZEGAS, ALAN BARBARA FOX ESQ. 250 BELLEVILLE AVE. UPPER NONTCLAIR COURIER 0 20
18 ZE6AS, ALAN CLERK OF U.S. DISTRICT COURT NE!r/ARK COURIER 1 HR YAIT 20
18 ZEGAS 1 ALAN JDG NAGEL HALL OF RECORD IIEIJARK COURIER O 20
'8 ZE6AS, ALAN MULLIN 108 BUCKINGHAM RO. UPPER MONTCLAIR COURIER 0 20
8 ZEGAS, ALAN RIKER, DANZIG HORRISTO!r/N COURIER O 30
8 ZE6AS 1 ALAH ESSEX COUNTY COURT NE\JARK COURIER O 20
8 ZEGAS, ALAN STEVEN NEHMER HD 2333 HORRIS AVE. UNION COURIER O 30
8 ZEGAS, ALAN CLERK DISTRICT COURT, JOG. SAROKIN ! HCCARTHY NE!r/ARK COURIER O 40
B ZEGAS 1 ALAN NJ LAWYERS JOURNAL ASSOC NULLBERRY ST. NEWARK COURIER O 20
3 ZEGAS, ALAN SPEEDY PAINT 8 CHURCH ST. MONTCLAIR COURIER ___!.,._JQJD2_
ZEGAS 1 ALAN UNION CTY PROSECUTOR OFFICE- R. RODBARB & J .HART ELIZ. COURIER O 35.
~Z;;;EG;;A~S,L..;A;fL';;AN~":------~PA~IJ;;L~GE~N-iTI:.;::.LE~BR~O~NX~O~I:;-;ST~•. . :.A:. :. TT:. .:.Y. .: 2:.:.15:.__::E.:. . : .:16:. :.1S:. :,T_:S:. :,_T.•:._.:_:BR~O:.:;.NX;. :N:.:.;Y~SU~BP;fO-; ;EN~A_ _ __.; .HA;.:_:l;:__:.FHOUR IM_I!_~~•-Qr.- ~ ~ ·
ZEGAS, ALAN.- US ATTY 1S. OFFICE NEWARK PICK-UP v 1
_v
ZEGAS, ALAN DAN WALKEN US DIST. CT. NEVARK COURIER O 20
ZEGAS, ALAN J. GOULICK RIDGEWAY AVE. MONTCLAIR COURIER 0 20
ZEGAS, ALAN HUGHES COMPLEX TRENTON PICK IJ.e.A, HfiLF HOUR BA IT s.s
ZEGAS, ALAH PAY THIS Bill IN / U .i .....
AND DEDUCT 10% HOMTHLY TOTAL 1045
Thank You i.
_ _ - - - · · -····-· -~ ··- ••• , - - · ~ ......... _ • --.:.b. ~ - _ -----~__,_....__, •-•~,......-:~·..:·:•ei-~• 1:'.,~ ,~-~..><r.'-'...~.-.....,.,..'."..£:,.'.!X".~1.tN>' .":;. ..,.,-ri.-~-:-.i~,t.J-.:.:;. ... _.<..".::..-i·J_..._:,u~~.,,.:!,&~~~:..:~,.:>.i;.•.,.~~::.t'.~~--;,:~~:,~.,.x~.:t"\::J.'-ii.:..,:~.Q.-'-'4,i~<~ ~-..~""l;.;.f;';i,':\::'~.'--:..\G'.\t;.;r..\,.,.. ,,:;-:!-:,;;.,'"F.,;:;.-,'~
I
I
LEGALINE
12 WINDING WAY
Client Case Nallie Service Other ;:ee

8 ZEGAS, ALAN UNION COUNTY COURT HOUSE - ELIZABETH COIJRIER 0 30
8 ZEGAS,. ALAN SMITH, 100 EXECUTIVE OR. 1 VEST ORANGE COURIER 0 20
8 ZE6AS 1 ALAN EXECUTIVE BINDING SYSTEH, 2704 NORRIS AVE, UNION COURIER 0 25 .
8 ZEGAS 1 ALAN CLERK, COURT OF APPEALS, PHILADELPHIA COURIER 0 95
8 ZEGAS, ALAN ATTORHEY GENERAL, NEWARK, NJ COURIER 0 20
8 ZEGAS I ALAN COURT OF APPEALS, PHILADELPHIA COURIER 0 95
3 ZE6AS, ALAN FEDERAL COURT HOUSE, NEWARK COURIER 0 20
8 ZEGAS, ALAN EDNA BALL AXELROD, US ATTORNEY, NEYARK COURIER 0 20
8 ZEGAS, ALAN COURT OF APPEALS, PHILADELPHIA . COURIER 0 9.S
8 ZEGAS, Af.~11 ~Cll~b_DOW ~lNKLES+EIU 4 BErt:rn EQR!! BO ROSELAND COURIER 0 20
8
8
ZEGAS,
ZEGAS I
ALAN ✓
ALAHI
JOSEPH GREEHAYAY US ATTORNEY 970 BROAO ST. NEWARK
CLERK OF DISTRICT AHO SUPERIOR COURT 1 TRENTON
COURIER
COURIER
·------~--iJD
ZEGAS, ALAN HUGHES JUSTICE CLERK SUPREME COURT, TRENTON CoORIER o
-ID
50
ZE6AS, ALAN, LES WOLFE 401 BROADWAY STE 306 N.Y. COURIER
ZEGAS I ALAN I U.S. ATTY'S OFFICE, BROAD ST. NE~ARK COURIER 00 . 20 ·.
ZEGAS I ALAN/ u. URT CLERK NEWARK PICK 0 20 ·
' EGAS 1 ALAN U.S. POST OFFICE &COURTHOUSE COURIER 2 HR. IJAIT ,o
-------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------. ------------------------------------------------------
Monthly Total 695
CAMDEN OFFICE
OFFICE OF THE CLERK
U.S.P.0. & COURTHOUSE
U.S.P.0. & COURTHOUSE 401 MARKET STREET
NEWARK. NEW JERSEY 07101 CAMDEN. N.J. 08101
WILLIAM T WALSH
CLERK
TRENTON OFFICE
August 17, 1988 P.O. BOX 515
TRENTON. N.J. 08603
REPL y TO: _ _ _ T_.::;:r~e:.. :n:.;:.. ::.t_:o~n..:;____

8-483-2065
Chief Auditor
Administrative Office
U.S. Courts
Supreme Court Building
Washington, D.C. 20544
Re: USA v Steven Kaufmpnn, CR. 83-199

Voucher Numbe~ 1455867
Dear Sir:
Enclosed is copy one of CJA form 20 in the
above matter.
Very truly yoursv
William T. Walsh,
Clerk
by, c§wiC0-. ule.i~

Deputy Clerk
Enc:
WTW/sw
AO 245 (Rev. -S/87) Judgment in a Criminal Case 031
Jlnttth @Jtntts itstrict Qtnurt
_ _ _ _ _ _ _ _ _ DISTRICT OF NEW JERSEY

V. JUDGMENT IN A CRIMINAL CASE
STEVEN KAUFMAN
Case Number: CR. 83-199-03
Federal Correctional Inst.
Talladega, Alabama·
(Name and Address of Defendant) ALAN ZEGAS, Esq.

THE DEFENDANT ENTERED A PLEA OF:
[@ guilty □ nolo contendere] as to count~-~s....i.....x"--'(.._,6.,_,_}- - - - ~ - - - - - - - - - - , , , , , . . . . - - - ~ - , and

□ not guilty as to count(s)~l~2~3..._._4~5~~&~7_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
. . i Ef"'\•
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~
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t"'..-"' . ', : • : ...
THERE WAS A: '_--}}/_::.

[□ finding □ verdict] of guilty as to count(s) _ _ _ _ _ _ _ _ _ _ _ _ _~_.,;__..,..,........,~,,__i"l=tl.....,:,_ _·:·_:.;_·,:':'"""':J~:_ _
JUL .i, v i;;:;1.,,.1 ·:-:-rfr .
. :~
7t'I,
THERE WAS A: At 8:30 ..~-=--·--·"•-•'--''l\,

WILLIAM T. V/ALSH
[□ finding □ verdict] of not guilty as to c o u n t ( s l - - - - - - - - - - LLt1~r,
------------
□ judgment of acquittal as to c o u n t ( s l - - - - - - - - - - - - - - - - - - - - - - ' - - - - - -
The defendant is acquitted and discharged as to this/these count(s).
THE DEFENDANT IS CONVICTED OF THE OFFENSE(S) OF:

21:84l(a)(l) Knowingly did possess with intent to distribute a Schedule
I Controlled Substance.
IT IS THE JUDGMENT OF THIS COURT THAT:

the defendant is hereby committed to the custody of the Attorney General
of the United States or his authorized representative for imprisonment
for a term of five (5) years, said sentence to run concurrently with
the sentence imposed on June 16, 1987 by the Honorable Walter S. Smith,Jr.,
U. S. District Court, Western District of Texas on CR #A-86-CR-99-014.
IT IS FURTHER ORDERED, that the defendant serve a special parole term of
ten (10) years.
IT IS FURTHER ORDERED, that the defendant be given credit for time served
from October 27, 1987.
In addition to any conditions of probation imposed above, IT IS ORDERED that the conditions of proba-
tion set out on the reverse of this judgment are imposed.
~inutes o~ Proceedino$
TRENTO~_ July S-, 1988

GARRETTE. BROWN, JR. .,.

Judge
Court Reporter Lynne Johnson
(Date Motion Filed)
Other(s) JoAnn F. Mattis
Title of Case:
Docket t: CRIM. 83-199-03
-vs-
STEVEN KAUFMAN
Appearances:
By: Joe Greenaway
Alan Zegas, Esq., for Deft.
Nature of Proceeding: Sentence
Acknowledgment of Review of P.S.I. Report, executed

Sentence:
Five (5) years, said sentence to run concurrently with the sentence
imposed on June 16, 1987 by the Honorable Walter S. Smith, Jr.,
U.S. District Court, Western District of Texas on CR. #A-86-CR-99-014.
It is further ordered, that the deft. serve a special parole term of
ten (10) years.
It is further ordered, that the deft. be given credit for time served
from Oct. 27, 1987.
Disposition:
Adjourned to: - - - - - - - - Time Com.'Tlenced: /,1/'!;/JJTime Adjourned /:'-IJ.,,(Yt,,

t
cc: Chambers
(NOTE: Use reVPTSP ~i~o f~r ~~~i+inn~l ~"'~-~,~~--\
PRE"S-ENTENCE """REPORT
Direction to Counsel: Counsel is to review the presentence report

with the defendant, and then he and the defendant are to complete the
following form and return i t to the Court.
The undersigned, attorney for the defendant, has reviewed the presentence
report ~ith the defen~ant. Re and I find it complete and accurate
and have no additions oi_r~visions co suggest, except for the following
comments: O
t)e~JW J \ J rid t"-\~'1 'f'e,,.-~\:::A-J o,. (>"'I c,,,,s,~-- \~ v•-.:t,\ \ q 7 <o(P,Z)
c~fQ,,J.O"\r chJ. I)<)\- °""-.i't-S-\ ,ZC)c:),<:).::0 \ ..... ~I;\,\ s\-'\c.\,;. dli:'o\ (P·s)
~~~'-'~\- ch<l nc\'". \ .....✓e::.1' \.,. c-o<.01'"\€ (p.3)
~ r~J o--.t d, ~• "<it- c:H 6 t ,, 'o--.A-c f:-,.,,1 i\--.o\ "6".h (;\;::;,s (P. , )
Qlit ~0--,dCh'r· rj \ ~ r')~\' , ...-n:..s )- ~3 S )-=>-<=>"° '\"\, Co c. C\\--.e ( p, 2)
\A"~(r)..lO..\- d\lj r,c:,t $~\\ c-:.cow2. (~-3)
Def0'lJO"lf ct,c.\ not to'fe j-. Sl~\\,0"'1 CP-~)
O~Jen.jo--.t c.h\J n..o\- 5'6'\\ 1 , ~ p<::>:..._;.,w (:).f nor\ ~...:,c:no t-. \~1-=> (P-~)
~~·
A~torney for theefend
I have reviewed the presentence report with my attorney and find i t ·

complete and accurate and have no additions or revisions to suggest,
except for the following comments:
1988
Dated: .)u)1 8 1 1<-yraei

Trenton, N w Jersey
Certification: Pursuant to Fed. R. Crim. P. 32(c) (3) (A), defendant

and his attorney ~ere permitted to review the presentence report, and
in open court both before and after sentence indicated that they found
the report fair, accurate and complete in all respects, as evidenced
by the annexed transcript of pe~tinent portions of the sentence pro~
ceeding> except as follo~s:
-·. ·1 -
c:!' ~c/rrri2)
1.' J\JR)i'
J ' ' -- /'.
(Rev. 9/81) AUTHC "ZA~ION AND VOUCHER FOR EXPEP- AND OTHER SERVICE~:
75.
·--V~
27
2. VOUCHE1l
□-Mjigfstrate ~.District □ Appeals □ Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
T°'FOR (DISTRICT OR CIRCUIT) 4. AT (CITY/STATE) 5. LOCATION CODE
\'-\c.:w JE.?- sE"i 1 -\e'c..1'i\'-l"j I i',k:'-'-' J~_\<--"3,'i::.'i

6. IN THE CASE OF 7. PERSON REPRESENTED
s. □ Supplemental
1 ~:Defendant - Adult Payment
9,-PROCEEDINGS FOR WHICH SERVICES REQUESTED 2 0 Defendant - Juvenile 11. MAG. DOCKET NO.
·· (Describe Briefly) 3 0 Appellant
4 0 Appellee
5 0 Habeas Petitioner 12. DIST. DOCKET NO.
6 0 2255 Petitioner
7 0 Material Witness
10. PERSON REPRESENTED (FULL NAME) 8 0 Parolee Charged With Violation 13, APPEALS DOCKET NO.
0 0 Other:
14. TYPE OF SERVICES REQUESTED 15. SERVICES TO i:i.E PROVlpED BY ,
1 ·12:J"I nvestigator 4 □ Psychiatrist NAME

.
S--r-E.(:>
~ '
t-\s. '"". .J · i'h:.v..:::i S.'C.. OL \ \<.
2· 0 Interpreter 5 □ Other (Describe below) 1 ,·
3 0 Psychologist ORGANIZATION \ ~-.Jt.:S.\ lvr-TT'2l°?-
AREA CODE t '2<.:::. \

16. DESCRIPTION OF AND JUSTIFICATION FOR SERVICES REQUESTED 17. ESTIMATED COMPENSATION (Describe fee basis: i.e.,.
(If requesting psychiatrist or psychologist, see instructions for item 16.) hourly or dally rate or fixed fee)
(USE ADDITIONAL S'\.EETS IF NECESSARY)
'::>'c.~ PY-1\J1C\-\"'--O (\,.l'-1\F)C::f:>\1\--::::,AJ
18. ATTORNEY'S STATEMENT 19. COURT ORDER

As the attofney for the person represented who is named abovehl hereby affirm that the
services requested are necessary for adequate ;epresentatlon_ I t erefore request Financial inability of the person represented having been
12:fauthorization to obtain the service or D
approval of services already obtained, to established to the Court's satisfaction, the authorization / /
be paid for by the United States. pursuant to the Criminal Justice Act. requested In Item 18 Is hereby granted. ~ /
(NOTE: P;ior~ut?·frlzatlon mus~ be obtained for services In excess of $150,) /--
► C~~~4 ► 111/~
,
► --t, U,--·
SIGNATURE OF ATTORNEY
C)v'.\:, ~'\\Y'.J---
U
► RP \2'. 1'-- 7 , 1'i ~~
DATE
SIGo/ATURE OF JUDGE OR MAGISTRATE DATE '
□ FPO BPANEL ATTORNEY
CLAIM FOR SERVI~"
20. ITEMIZATION OF SERVICES RENDERED AND EXPENSES INCURRED (Include dates and duration of A. TOTAL COMPENSATION
services and basis of compensation claimed. Attach receipts for expenses incurred. USE ADDITIONAL
sHEETs 1F NEcEssARY> i;:::; ll
~-11
lv.:_l'.~EJ
n
B. TOTAL EXPENSES
$ 254.44
SEE ATTACHED ITEMIZllTION C. TOTAL AMOUNT CLAIMED
21- CLAIMANT'S CERTIFICATION 22. CERTIFICATION OF ATTORNEY

I hereby certify that the above claim is correct and that I have not claimed or received I hereby certify that these services. were rendered.
payment from any other source for the services rendered and claimed on this voucher. ,,,........."'\ r 1
___,
► ~At., q~
-SIGNA'TURE OF,<::LAIMANT
► 5- ~-a-RA
DATE
;i . . \ t:/ ·;-\,--v-{~~l/CrCk-- ► c-- 3 -e 't
AT"TIORNEy/'S SIGNATURE -- r) DATE
Ii / /
27. NAME OF PAYEE 29. PAYEE'S ADDRESS (Include City, State, & Zip Code)
16 [/[orris Stn~"'t
Stephen -J. Novosedlik
28. PAYEE'S SOCIAL SECURITY OR EMPLOYER ID NO.
07f.:77
Copy 1 - Retained in Court's Files

.U.S. v. STEVEN KAUFMAN DISTRICT DOCKET #83-199
DATE DESCRIPTION OF SERVICES HOURS MILES EXPENSES
4-6-88 Telephone conference with Attorney 0.2

Cellular Car Phone Cost: $5.00
4-7-88 Travel: Woodbridge to/from West Orange,

Conference with Attorney: 1.0
Total: Other Time-Miles-Tolls 1.2 25 $.35
Over file: Discovery Materials: 2.0

Over file: Discovery Materials 2.2
4-10-88 Over file: Discovery Materials 1.0
4-11-88 Telephone conference with Attoiney 0.1

Travel: Woodbridge to/from New York
Conference with Defendant at Metro-
politan Correctional Center
Total: Time-Miles-Tolls 4.0 34 $1.20
Parking $5.75
PATH FARE $2.00

Over file: Discovery Materials 2.0
Travel: Woodbridge to/from New York
Conference with Defendant at MCC, NYC
Parking $6.50
PATH FARE $2.00
4-13-88 Telephone conference ec>tn-t Aw,A.AJ~Y 0.1

Over file: Discovery Materials;
Contact with confidential source
concerning two government witnesses.
Total: Other Time-Miles-Tolls 6.0
4-14-88 Two Telephone conferences with Attorney 0.3

Over file: Discovery Materials;
Telephone conference with confidential
source re: three government witnesses;
Telephone Interview of two witnesses;
Telephone conference with former
attorney of co-defendant. Copy tapes.
Time 6.3
Micro-cassette MC90 $8.00
Cassette $5.00

Telephone conference with attorney's
secretary; Travel: Woodbridge to/from
Attorney's office: Conference
with Attorney 0.9
U.S. v. STEVEN KAUFMAN_ DISTRICT DOCKET# 83-199
---
CONTINUED
4-15-88 Total: Other Time-Miles-Tolls 1.5 50 $1.40
4-18-88 Over file: calls to FBI, NYC to locate

Special Agents; Telephone Interview
of retired FBI Agent; calls to two
attorneys who represented former
co-defendants; calls to former co-]
defendant's Federal Probation Officer;
prepared witness interview outlines.
Total Time 4.6
4-19-88 Over file: Calls to Chicago and

Milwaukee FBI Field Offices to locate
FBI Agent; Telephone conference
with FBI Agent re: government witness;
Total Time 0.9
Telephone conference with Attorney 0.3
4-20-88 Over file re: witness intervews 0.3

Travel: Woodbridge to/from West Orange
Total: Time-Miles-Tolls 1.5 so $1.40
Conference with Attorney 0.9
4-21-88 Over file; calls to Attorney's office;

calls to FBI Milwaukee; calls to
Federal Probation Office, NYC. 1.0
4-22-88 Over file; Telephone Interview

of witness; Calls to Attorney's office.
Total Time 1.0

Telephone Interview of witness 0.3
Over file 0.5

Over file: Telephone Interview
of witness; copy and review witness
tapes 2.9
Total: Other Time-Miles-Tolls 1.5 so $1.40
Cassette LN90 $5.00
Cellular Car Phone Call $2.00
U.S. v. STEVEN KAUFMAN DISTRICT DOCKET #83-199
4-28-88 Over file 0.1

Travel: Woodbridge to/from
West Orange and MCC, NYC with
attorney; Conference with defendant
and Attorney at MCC.
Tunnel Toll (See Attached Receipt) $3.00
Parking (See Attached Receipt) $19.50
4-29-88 Over file; 0.2

to/from Attorney's office 0.9 30 $.70
at Attorney's office to drop off/
and pick up materials/paperwork. 0.1
5-6-88 Over file; Telephone Interview of

witness 0.9
5-9-88 Over file; message from witness 0.1
Telephone conference with Attorney
about witness 0.2
5-10-88 Travel: Woodbridge to/from West

Orange-Attorney's office 1.5 50 $1.20
Over file at office; telephone
calls to locate out of state witnesses
in Florida and South Carolina;
Telephone Interview of witness.
Total Other Time 4.4
2 Cassettes $10.00
5-11-88 Over file; Telephone Interviews of
out of state witnesses; copy taped
witness phone interviews 3.9
Travel: Woodbridge to/from West Orange 1.5 50 $1.00
5-12-88 Over file; Tapes reviewed and copied;
calls to witnesses; 1.3
to drop off witness tapes.
Total: Other Time-Miles-Tolls 1.5 50 $1.40
Cassette $5.00
U.S. v. STEVEN KAUFMAN DISTRICT DOCKET #83-199
5-13-88 Over file re: witnesses and interviews 0.6
5-16-88 Over file; Telephone Interviews of

witnesses; copy and review of taped
interviews 4.2
Cassette LN90 $5.00
5-17-88 Over file; reviewed material from

witness 2.1
Total: Other Time-Miles-Tolls 1.5 50 $1.00
Over file; Telephone Interview of
out of state witness 0.8
5-18-88 Telephone Interview of witness;

Over file; called Attorney's office
and confidential source 0.4
to/from Attorney's office 0.8 25 $.50
5-19-88 Over file; message from witness;

called witness; 0.2
Telephone conference with conf id_ential
source 0.3
5-26-88 Telephone conference with confidential

source; 0.2
88.3 588 $133.90
88.3 hours@ $50.00 = $4,415.00
588 miles@ $.205 = $ 120.54

Phone: 212-349-2850 Lie. #368910
Misc. Expenses = $ 133.90

CHATAM PARKING SYSTEMS INC.
TOTAL $4,669.44 180 Park Row
New York, N.Y. 10038
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CAMDEN OFFICE
OFFICE OF THE CLERK
U 5.P.O. & COURTHOUSE
U.S.P.O. & COURTHOUSE 401 MARKET STREET
CAMDEN N.J. 08101
WILLIAM T WALSH NEWARK. NEW JERSEY 07101
CLERK TRENTON OFFICE

PO BOX 515
TRENTON. N.J. 08603
T_r_e_n_t_o_n____
REPL y TO: _ _ _
May 10, 1988
Alan Zegas, Esq.

West Orange, New Jersey 07052
Re: CJA 21 voucher #747527

(USA v. Steven Kaufman)
Dear Sir:
Enclosed please find the above numbered CJA 21 voucher for

certain expert services to be rerr:ered by Stephen J. Novosedlik
on behalf of defendant Kaufman. Also enclosed are both
a letter of approval and a memorandum of approval signed by
Hon. Walter K. Stapleton, U.S.C.A. authorizing approval up to
a limit of $5,000.00.
Once the expert services are rendered and the voucher is
completed by both you and Mr. Novosedlik, please return to this
office. Mr. Novosedlik should remember to fill in Block 28 -
Payee's social security or employer ID no.
If this office can be of further assistance, please advise.
Very truly yours,

William T. Wlash, Clerk
Kent Marshall, Deputy Clerk

Plaintiff,
v. EX PARTE CERTIFICATION
OF ALAN L. ZEGAS, MADE
STEVEN KAUFMAN, UNDER SEAL, PURSUANT TO
THE PROVISIONS OF THE
Defendant. CRIMINAL JUSTICE ACT.
1. I am an attorney at law of New Jersey and have been

appointed to represent Steven Kaufman pursuant to the
provisions of the Criminal Justice Act, 18 u.s.c. Sec.
3006A, et seq.
2. As a result of information recently supplied to me
by the government, it is necessary for me to employ an
investigator to in order to prepare effectively for this
case. In particular, various leads need to be checked into
which relate to the witnesses against Mr. Kaufman and which
also relate to witnesses who may be called by Mr. Kaufman at
trial.
3. I have met with met with Steven Novosedlik, a
professional investigator who has been appointed on numerous
occasions under the Criminal Justice Act to investigate
matters relating to other cases in this District.
4. Mr. Novosedlik estimates that, because of the
substantial number of leads that need to be checked into,
and because many of the peop~_e who were employed in
government office at the time of the indictment have since
retired, it will take an appreciable amount of time to
contact the persons who need to be contacted. In light of
the amount of work that needs to be done, Mr. Novosedlik
estimates that his fee will be in the area of $5,000.
5. I would request that the Court sign the annexed
voucher appointing Mr. Novosedlik and grant him permission
to submit to the Court interim billings.
A~?~/
ALAN L. ZEGAS
April 7, 1988
.
JA Form 21 (Rev. 9/81) AUTH< 'ZATION AND VOUCHER FOR EXPf - AND OTHER SERVICES
2. VOUCHER7i
I'.OURT
,. · ~District
r\1agistr'l'.'! D Appeals 0 Other
FO_f"' ..(C.ISTRICT OR CIRCUIT) 14. AT (CITY/STATE) 5. LOCATION CODE
7527
N~'--' .\ E ~S-C: 'i ---rzo-.i1<:::ir-l, N~w .l.i.::.~-s~'i
7. PERSON REPRESENTED 8.
IN THE CASE OF 0 Supplemental
1 N'Defendant - Adult
u,. . )\'\"'t::n <--r~5 vs. 'St~✓'c:N ~r'-\11.PV'J
2 D Defendant - Juvenile
Payment
11. MAG. DOCKET NO.
. PROCEEDINGS FOR WHICH SERVICES REQUESTED
(Describe Briefly) 3 D Appellant
4 D Appellee
C,RI Y\ \ "-)C\'- \ ~, P\"-
5 0 Habeas Petitioner 12. DIST. DOCKET NO.
6 0 2255 Petitioner
7 0 Material Witness B·.:::.-19 9
10. PERSON REPRESENTED (FULL NAME) 8 0 Parolee Charged With Violation 13. APPEALS DOCKET NO.
$-Te.v~IJ \:::Pi<.l yY\ Ps,J 0 0 Other:
14. TYPE OF SERVICES REQUESTED 15. SERVICES TO BE PROVIDED BY
1 8'1nvestigator 4 D Psychiatrist NAME $ ,-e.P ~~ r-l J. N~vo :!:>E.OL\ \<

2 D Interpreter 5 D Other (Describe below)
\ ,,,h.J 'c.Sl" IG ~~
3 D Psychologist ORGANIZATION
AREA CODE ( "2~ \ )PHONENO. 'e>':>'$-\';'-13

16. DESCRIPTION OF AND JUSTIFICATION FOR SERVICES REQUESTED 17. ESTIMATED COMPENSATION (Describe fee basis: I.e.,
(If requesting psychiatrist or psychologist, see Instructions for Item 16.) hourly or dally rate or fixed fee)
(USE ADDITIONAL SHEETS IF NECESSARY)
'SE.'<. P'f'Tipt;:WU-:) Cc.:.tq"\F)c;:;~"Tl,::::)"' $ Gooo

l8. ATTORNEY'S STATEMENT 19. COURT ORDER
As the attorney for the person represented who Is named aboveh I hereby affirm that the
services requested are necessary for adequate representation. I t erefore request Financial Inability of the person represented having been
established to the Court's satisfaction, the authorization
~uthorlzatlon to obtain the service or O
approval of services already obtained, to requested In Item 18 Is hereby granted.
be paid for by the United S t a \ ~ ~ Criminal Justice Act.
(NOTE: ~ u t ~ o n must e obtained for services In excess of $150.)
►- l \ /\.... ► Ao~ 7,19~~

SIGN'ATURl:: OF ATTORNEY LJ DATE ► ►
SIGNATURE OF JUDGE OR MAGISTRATE DATE
□ FPO HPANEL ATTORNEY
CLAIM FOR SERVICES
0. ITEMIZATION OF SERVICES RENDERED AND EXPENSES INCURRED (Include dates and duration of A. TOTAL COMPENSATION
services and basis of compensation claimed. Attach receipts for expenses Incurred. USE ADDITIONAL
SHEETS IF NECESSARY)
$
B. TOTAL EXPENSES
$
C. TOTAL AMOUNT CLAIMED
$
I. CLAIMANT'S CERTIFICATION 22, CERTIFICATION OF ATTORNEY
I hereby certify that the above claim Is correct and that I have not claimed or rucelved I hereby certify that these services were rendered.
payment from any other source for the services rendered and claimed on this voucher.
► ► ► ►
SIGNATURE OF CLAIMANT DATE ATTORNEY'S SIGNATURE DATE
24. AMT. APPROVED

\23.
APPROVED
FOR
PAYMENT
I ►SIGNATURE OF JUDGE/MAGISTRATE/FPO
25. :XCESS PAYMENT APPROVED UNDER 18
SIGNATURE OF CHIEF JUDGE, CT. OF APPEALS

u.s.c. 3006A(e)(3)
►
DATE
►
DATE
$
26. AMT. APPROVED
$
. NAME OF PA YEE 29. PAYEE'S ADDRESS (Include City, State, & Zip Code)
PAYEE'S SOCIAL SECURITY OR EMPLOYER ID NO.

--
Original - Malled to Administrative Office for Payment

r~. : ·-·· ;--:.
/"' t: ;.. !.· t".~: \:)

ME M O R A N D U M
TO: Honorable Walter F. Stapleton Date

United States Court of Appeals
For the Third Circuit
FROM: Kent Marshall, Deputy Clerk
SUBJECT: Advance Authorization for Investigative, Expert or

Other Services
It is requested that advance authorization be granted to

obtain services in an amount in excess of the maximum allowed
under the provisions of s~bsection (e) (3) of the Criminal Justice
Act, 18 U.S.C. § 3006A, as.follows:
Cas~ Name & Designation USA v. Steven Kaufman Criminal 83-199
Name of Expert or Investigator Stephen J. Novosedlik
Address 16 Morris Street, Seawarren, N.J. 07077 (201) 855-1443
Type of Expert Investigator

Reasons for Application Please see attached affidavit of Alan
Zegas, Esq.
Estimated Compensation/Fee $5,000.00
I certify that the estimated compensation or fee in excess of the

maximum set forth in subsection (e) (3) of the Criminal Justice
Act appears necessary to provide fair compensation for services
of an unusual character or durat~.on and therefore recommend
approval of this advance authorization in the amount
of $5,000.00 ·
--=-~
- ' ~,d~---rZ.
__-/_
~ ··_ _ _
./Dni t e1d.StatesDistricJudgr-= Date
~ ~"t"X~:Js)t.~)a)€_~
Garrett E. Brown, Jr.,
Advance authorization is hereby approved in the amount of
$ ,5{)00 1
Ho~.L/ W~lter F. 'staoietorl, U.s:c.A. /Date'

~ I
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
NALTER K. STAPLETON
CIRCUIT JUDGE
FEDERAL BUILDING, 844 KING STREET
WILMINGTON, DE 19801
April 19, 1988
Mr. Kent Marshall

Deputy Clerk
United States District Court
P. 0. Box 515
Trenton, NJ 08603
Re: United States v. Steven Kaufman,

Criminal Action No. 83-199
Dear Mr. Marshall:
I am writing to confirm our telephone conversation
this morning concerning the above case. I have talked with
Judge Brown about the need of the defendant in this case for
extraordinary investigative services and I approve the
advance authorization Judge Brown has given for up to $5,000
in such services. Given the imminence of trial, I trust this
letter will serve in lieu of my signature on the appropriate
CJA form.
Sincerely,
~ '
WKS :mlb
CC: Honorable Garrett E. Brovm, Jr.

UNITED STATES DISTRICT COUijT
.,
DISTRICT OF NEW JERSEY :;
CHAMBERS OF
TRENTON, NJ 08605
GARRETT E. BROWN, JR.
JUDGE
April 19, 1988 A.f·''·., · ·
(', .•_; I 1988
f
Honorable Walter F. Stapleton, u.s.c.A.

5323 Federal Building
Lockbox No. 33
Re: United States v. Steven Kaufman

Criminal No. 83-199(GEB)
Pursuant to our telephone conversation today, enclosed please find

Authorization and Voucher for Expert and Other Services in the above-
captioned matter.
Very truly yours,
I
BROWN, JR.
G,';,.RRE'IT E •
ited States District Judge
GEB:sk
- 'I'•
UNITED STATES..ib-J.STHlC:T :-C,Op!{;£:;

Criminal 83-19,(L
,..,·.,\. :.:..

..
FILED
:·.~ ....
vs.
::· :.
JUN 2 9 1988
STEVEN KAUFMAN,
At 8,30 ···············-···~"- M
\ 1~ . ct' .WILLIAM T. WALSH
I .e . en ant.. CLERK
Nay 19, 1988

Trenton, New Jersey
BEFORE: THE HONORABLE GARRETTE. BROWN, USDJ

APPEARANCES:
SAMUAL A. AL ITO, U.S. A'I'TORNEY (NJ)

BY: Jrn3EPH GREENAWAY, AUSA
For the Government.
A.LAN ZEGAS I ES\~.

For the Defendant.
Lynne Johnson, CSR, CM

Official Court Reporter
U. S. District Court
F. 0. Box 6822
Lawrenceville, New Jersey 08648
60 9 ..-8 !3 6--18 ;3 6
Pursuant to Section 753, Title 28 USC, the following

transcript is certified to be an accurate transcription of
my stenographic notes in the above-entitled matter.
~-o~~-
Lynne Joh~~CSR, CM
1
2 Counsel, state your appearances.
3 i".1.R. GREENAWAY: Joe G.reenaway, Assistant United
4 States Attorney, appearing for the Government.
5 MR. ZEGAS: Alan Zegas, your Honor, for Stephen
6 Kaufman.
7 THE COURT: I understand that the defendant wishes
8 to retract his prior plea of not guilty to Count 6 and enter
9 a plea of guilty. Is that correct?
10 MR. ZEGAS: That's correct, Judge.
11 MR. GREENAWAY: Your Honor, I think based on the
12 revelations this morning, the United States is going to
r=7 13 withdraw its plea offer and go to trial with Mr. Kaufman.
LJ
14 May we talk at sidebar?
15 THE COURT: Yes.
16 (Off the record discussion at sidebar.)
17 THE COURT: Are counsel ready to proceed?
18 MR. GREENAWAY: The United States is, you1· Honor.
19 THE COURT: Hr. Greenaway, I think that your concern
20 had to do with whether or not the defendant. could establish
21 a factual basis for the plea. Mr. Zegas has indicated, I
22 believe, that in his opinion as counsel, he can. Is that
23 correct, Mr. Zegas?
MR. ZEGAS: That's correct. Judge.

7···=7
~
THE COURT: As such, do the par~ies wish to proceed
1 with this hearing at this time?
2 HR. ZEGAS: I am prepared, Judge, to proceed.
MR. GREENAWAY: I am prepared to hear what the
4 factual basis is, your Honor.
5 THE COURT: Well, if he cannot establish a factual
6 basis for the plea, then obviously I cannot accept it. But
7 I think I have to determine that after I hear the factual
8 basis.
9 11.R. GREENAWAY: I agree, your Honor.
10 THE COURT: Very well. Do we have an application
11 form filled out?
12 MR. ZEGAS: Yes, your Honor.
13 THE COURT: May I see it? And any plea agreement
letter that may exist.
Hi lvffi. ZEGAS: Your Hon.or, before handing these up, I
16 would note that Mr. Kaufman j _,..,

i:,
prepared to plead guilty to
17 Count 6 of the indictment, and in so doing, he is willing to
18 admit that he aided and abetted various others to import
19 into this coun~ry quantities of Thai sticks.
20 THE COURT: Yes.
21 f'iR. ZEGAS: I want to be certain that Mr. Greenaway
22 agrees that that is the charge to which he will be pleading
to, because
24 THE COURT: Either aiding and abetting or conspiracy
25 under Pinkerton vs. United States would provide a factual

1
J. basis for the crime that he seeks to plead guilty to, i.e.
[l ,..,
,::, distribution and possession of controlled substances.
3 MR. ZEGAS: Our agreement, though, was t.o plead. to a
4 substantive count of possession
5 THE COURT: I understand that. This is not a plea
6 to conspiracy, but I am saying one of the ways one
7 substantively violates the statute is to enter into a
8 conspiracy in which one of the conspirators commits a
9 substantive act.
10 MR. ZEGAS: That's right.
11 THE COURT: All are therefore guilty. In addition,
12 if one aids and abets another, one may be guilty.

Fl 13 MR. ZEGAS: That is exactly my understanding, Judge,
LJ
and l want to be certain t.hat that was the Government's
before we proceeded.
16 THE COURT: Yes, of course.
1.7 MR. ZEGAS: I will hand up to the Court clerk, your

18 Honor, a copy of the original plea agreement dated May 19,
19 1988, and a copy of the Rule 11 form.
20 THE COURT: Very well.
21 Mr. Kaufman, come forward. Take the witness stand,
22 please.
Marshal, please remove the handcuffs.
24 S T E P HE N WA R R E N KAUFMAN, sworn.
C 25 EXAMINATION BY THE'. COOR.T:
1 Q. Mr. Kaufman, your attorney has handed me an application
2 for permission to enter a plea of guilty. Have you filled
3 out this form together with your attorney?
4 A. Yes, I have.
5 Q. Is it true, and are you prepared to certify that the
6 information is true and if any of the foregoing statements
7 made by you in that application are willfully false, you are
8 subject to punishment?
9 A. Yes, 1 am.
10 Q. Very well. If so, please sign it here in open court,
11 and, Mr. Zegas, you sign the portion for the attorney to
12 sign.
13 (Pause.)
14 Now, Mr. Kaufman, it is my understanding that you wish
15 to plead guilty to Count 6 of this indictment. Is that
16 correct?
17 A. That's co.rrect.
18 Q. You understand that before I can permit you to do so, I
19 must make certain findings?
20 A. Yes. I do.
21 Q. I must find that you are competent to enter the plea,
22 the plea is free and voluntary, that you understand the
charges and penalties and that there is a factual basis for
24 the plea. Do you understand that?
25 A. I am a.ware oJ: that.

6
1 Q. Now, did anybody tell you to lie to me today?
2 A. No, sir.
Q. Okay. So what you have written on this application is
4 true. Is that correct?
5 A. Yes, it is.
6 Q. And I can rely on it?
7 A. Yes, you can.
8 Q. You tell me here that you went through four years of
9 college, that you have taken no drugs or medication or
10 alcoholic beverages within the past 24 hours.• have never
11 been a patient in a mental hospital, don't believe that you
12 are mentally ill or incompetent in any respect. Is that
□
1 •.J
0:,
true?
14 A. 'I'hat is true.
15 THE COURT: I see no reason that you are not
16 competent. Mr. Zegas, in your opinion, is this defendant
17 competent'?
18 MR. ZEGAS: Yes, he is, your Honor.
19 THE COURT: I so find.

20 Q. Now, you indicate here at length that you have discussed
this matter with your attorney, your attorney has indicated
22 to you that if you persist in your plea of not guilty. you
would be entitled ~o a speedy, public trial before a jury of
24 twelve persons who would sit right there in that jury box,
C and that you would have the right to cross examine any
?
1 witnesses the Government would call, to call witnesses on
your own behalf, to subpoena them if they would not come
3 voluntarily, to testify or not testify as you saw fit, and
if you chose not to testify, the jury would be instructed
5 they could draw no inference or suggestion of guilt from
6 that fact. Do you 1.mclerstand that'?
7 A. Yes, I do.
8 Q. Do you understand that at that trial you would be
9 presumed innocent, unless and until each and every one of
10 those jurors would find you guilty beyond a reasonable
11 doubt.?
12 A. Yes, I do.
13 Q. Do you understand if I accept your plea there will be no
14 trial? You will be a convicted felon and nothing will
remain but for me to impose sentence upon you?
16 A. Yes, I do.
17 Q. Now, except for what is contained in the plea agreement
1.8 of May 19, 1988, has anybody made any prediction or promise
as to what that sentence would be'?
20 A. No, ;::.ir.
21 Q. Well, that is good because no one knows what sentence
22 that will. be. I don't even know until I .read the
presentence report and I hear from you and your a~torney on
24 the day of sentencing. You understand that you could
25 receive up to five years in prison.

0
\,)
1 MR. GREENAWAY: Yes, your Honor.
2 THE COURT: And a fine of $25,000 or both for this
3 offense?
4 A. Yes, I do, your Honor.
5 Q. Mr. Zegas, I note that you refer in the form that you
6 and Mr. Kaufman have executed to Count 4, I believe it is
7 Count 6.
8 MR.. ZEGAS: That's right. Also, your Honor, you
9 might notice in the plea letter we have amended the letter
10 to be changed from Count 4 to Count 6 as well. Originally
11 THE COURT: Perhaps you and the defendant could so
12 modify both the Rule 11 form and the plea agreement and Mr.
□
13 Greenaway can initial it, since it is indeed Count 6 and not
14 Count 4 that the defendant !:ieeks to plead guilty to.
15 MR. ZEGAS: I believe both Mr. Greenaway and I have
16 already initialled the plea letter.
17 THE COURT: Perhaps Mr. Kaufman could do the same
18 and perhaps you could so modify the Rule 11 agreement.
20 (Pause. )
21 i"lll.. ZEGAS: Your Honor, we have amended the Rule 11
form and placed our initials next to each of the amendments.
23 THE COURT: Thank you.
24 Q. Now, there is a plea agreement which is set forth in the
letter oJ May 19 to Mr. Zegas from Mr. Greenaway. Is that

0._,
1 correct, counsel?
2 MR. GREENAWAY: Yes, sir.
3 BY 'I'HE COURT:
4. Q. Mr. Kaufman, you have read that plea agreement, have you
5 not?
6 I\
.n. Yes, I have, your Honor.
7 Q. You acknowledge the letter fully sets forth your
8 agreement with the office of the United States Attorney for
9 the District of New Jersey. You state there has been no
10 additional promises or representations made to you by any
11 officials or employees of the United States or by your
12 attorney in connection with this matter?
13 A. That's correct, your Honor.
14 Q. Okay. Has anyone promised, coerced or threatened you
15 with anything in order to make you plead guilty to this
16 offense?
17 A. No, your Hono.r· .
18 Q. Okay. Are you pleading guilty because you are in fact
19 guilty and for no other reason?
20 A. Yes, your Honor.
21 THE COURT: Now, I find that the plea is free 2nd
22 voluntary, that the defendant understands the charges and
n 'J
G._1 penalties. I must now det.ermine whether there is a factual
basis. Does either counsel have any further examination as
to the voluntary nature of the plea, or the knowledge of the

10
-1
charges and penalties o.r the de:fendant's competency?
n
- .J
J.
2 MR. ZEGAe,: No, your Honor.
3 MR. GREENAWAY: Nothing from the Government, your
4 Honor.
5 THE COURT: Very well. 1 find t.hat the requirements
6 have been met.
'7 I will now turn to the question of whether there is
8 a factual basis for the plea.
9 Q. Count 6 charges that from on or about the summer oI 1978
10 until February 1979, in the State and District of New
11 ._Ter.sey-, and elsewhere, the defendant, Stephen Kaufman, and
12 indeed others, did knowingly and willfully distribute and
13 possess with intent to distribute a quantity of Thai sticlrn,
14 Cannabis Sativa L, a schedule 1 controlled substance, in
15 violation of Title 21 USC Section 841(a)(l) and Title 18,
16 USC Section 2 which is the aiding and abetting statute.
17 In addition thereto. while the defendant is not
18 pleading guilty to a conspiracy, it is a recognized
19 principle of law that where individuals enter into a
20 conspiracy which is an illegal agreement, that they are
criminally responsible for any crimes co~nitted by the
co-conspirators during the pendency of and in furtherance of
23 that conspiracy, under the doctrine of Pinkerton vs. United
7·7
~
25 NcITT, Mr. Kaufman, tell me what it is that you did
ll
1 that you believe establishes your guilt as to Count 67
2 A. In February of 1978, I went over to Thailand, and
proceeded to help supply -- get a supply of Thai sticks. I
4 did that by helping finance the venture.
5 Q. You helped finance the venture?
6 A. Well, I made arrangements for financing for the venture
7 by friends of mine, who are named in the indictment.
e Q. And that?
;\
9 n. Ira Simmons and Steve Malone.
10 Q. Okay. Ira Simmons, al.so known as Glenn Zimmerman?
11 A. And Steve Malone.
12 Q. Did you know a Stein Lundegar?
13 A. Yes.
14 Q. "Tay Sicre?
15 A. Yes.
15 Q. Olazinka Sdnayon Fischer?
17 A. No, I don't.
18 Don't know him. Tracy Wong'?
19 A. I know, I know him.
20 Q. 01.-;ay'?
21 A. I lrnow of him.
22 So you went to Thailand and you helped finance a venture
2,3 to bring Thai sticks into the United States?
Yes, I did, your Honor.
Did the Thai sticks ac·tually come into the United

1 r,
J. t:.,
1 States?
r,
L. .J
A. No, not the ones, no. I mean some did come in.
3 Q. Some did, pursuant to this scheme?
4 A. While I was over there, yes.
5 Q. While you were over there. So some of the individuals
that you had this agreement with actually did import Thai
7 sticks into the United States?
9 Did you know that they imported the Thai sticks?
11 Q. Was it part of the agreement or scheme that they would
12 import the Thai sticks?

F.=]
LJ 13 A. Yes, your Honor.
14 Q. Okay. Now, did you know at the time that the
15 importation of Thai sticks was a crime?
17 Q. And did you knowingly and willfully associate yourself
18 with this venture?
20 Now, the conspiracy is a combination of two or more
2......·; persons by concerted action to accomplish some unlawful
!22 purpose, or t.o accomplish some law:ful purpo!:',e by- unlawful
23 means, so conspiracy is a kind of partnership in crime in
which each member becomes the agent. of every otber rnember.

nr::
('__, ,.) 'I'he gist oJ the of fenf;e is a combination or
1 agreement to disobey 01.· dis.regard the law. It sounds to me
2 that you had an illegal agreement with these individuals
except for Mr. Fisher, that you say you don't know, to
4 import Thai sticks into the United States and pursuant to
5 that agreement, Thai sticks were actually imported into the
6 United States, although you did not. physically import them.
7 Is that correct'?
9 Q.. What did you do to further this agreement? You say you
10 arranged for financing?
11 A. Yes, I made phone calls from Thailand to people in the
United States asking for them to put up the money. They
13 were friends of mine.
14 Q. Did they in fact put up the money?
15 A. Yes, your Honor, they did.
16 Q. So your participation in this conspiracy was essential
17 in order for it to succeed?
Hl THE COURT: The requirement of overt acts to the
20 extent they are required seems also to be satisfied.
21 Q. Now, Count 6 also refers to aiding and abetting. In
22 order to aid and abet another to commit a crime, it is
23 necessary that the accused willfully associate himself in
24 some way with a criminal venture, and willfully participate
2ti in i t as he would in something he wishes to bring about.

14
1 That is to say, that he willfully seek by some act or
2 omission of his to make the criminal venture succeed. An act
3 or omission is willfully done if done voluntarily and
4 intentionally with the specific intent to do something the
5 law forbids, and with the specific purpose to fail to do
6 something the law requires to be done, that is to say with
7 bad purpose, either to disobey or disregard the law.
8 It appears to me from your testimony that you
9 indeed did aid and abet the individuals referred to in this
10 indictment, except Mr. Fisher, whom you said you didn't
11 know, that you did associate yourself with the criminal
12 venture and willfully participate in it, as you would
□· 13 something you wished to bring about. Is that correct?
15 Q. Okay.
16 MR. GREENAWAY: Judge, will you inquire about
17 whether he also conspired with Gosta Ferneborg and Mr.
18 Margarite?
19 Q. Were Hr. Ferneborg and Mr. Margarite part of this
20 illegal agreement'?
Q. They are not named in Count 6 but they were also
23 participants in this conspiracy, Okay.
24 Anything further as to factual basis?

C MR. ZEGAf'i: Your Honor, I am satisfied he ha::3
.l 5
1 articulated a full, factual basis for the offense charged.
2 i1R. GREENAWAY: 1 would lilrn to lmow when he entered
3 into the conspiratorial agreement?
THE COURT: He said it was in February of 1978.
5 that about when the agreement. was formed'?
s A. That is when I went over to Thailand.
7 BY THE COURT:
e Q. When was the agreement reached to try to import these
9 Thai sticks into the United States, approximately? I don't
10 expect that there was a signed agreement where everyone sat
11 around a table, but when was there a meeting of the minds
12 that you would actually go to Thailand and bring in the Thai
13 sticks?
14 A. -January.
15 Q. Okay. And when did you come back from Thailand'?
16 A. A month later, March, I think.
17 Q. March. When did the Thai sticks actually come into the
18 United States?
19 A. They never got here.
20 Q. But you said some of them did?
21 A. Oh, two suitcases I think were sent while I was there.
22 Q. While you were there. Okay. Well, that certainly seems
2.3 close enough to the indictment period that refers to the
summer of 1978 until February of 1979. He tells us it is
from ,January of ·' 'ff!, until at le~1.st Mardt c,f '7f). The
16
1 indictment charges in or about. It is established that the

• 'l-.
2 indictment need not state WJ. 1:.u absolute precision the dates
3 as long as they a1.-e reasonably app.ro.ximate, and it would
4 seem to me that they would be. .Mr. Zegas, would you concur?
5 MR. ZEGAS: Yes, your Honor, I do.
6 THE COURT: Mr. Greenaway?
7 MR. GREENAWAY: Yes, si.r.

8 THE COURT: Is there anything further as to the
9 factual basis?
10 MR. GREENAWAY: I would like to know when he met
11 the individuals, Gosta Forneborg and Joseph Margarite, that
12 he has stated he conspired with?
C 13 THE COURT: Okay.
14 During this period did you meet with Margarite and
15 Forneborg as well?
16 A. Yes. When did I meet them?
17 Q. Yes'?
18 A. First. meet them'?
19 Q. Yes.
20 A. Two weeks before that -- when was that, Mr. Jacobson's
21 murder'?
22 MR. ZEGAS: He is talking about the Jacobson's
2:3
A. Approximately two weeks before that is the first time I

.
·7
[__J
25 ever met him.
17
1 THE COURT: When was that?
2 MR. ZEGAS: I believe in August, 1978. your Hono:r.
3 THE COURT: AugList, '78. So you said that they
4 part of this conspiracy, so one must assume that the
5 conspiI'acy corrtinued past March of '78, the conspiracy to
6 import Thai sticks into
7 MR. GREENAWAY: I think we have the dates
8 mixed up?
A. '77.
10 MR. GREENAWAY: The elates he is referring about are
11 January, '79 to March of '79. He says he met Forneborg in
12 July of '78, and now I would like to know when he met
13 Margarite.
14 A. Same, I met both of them the same time.
15 BY THE COUR'f :
16 Q. Did this conspiracy
17 A. I met both of those people two weeks before the
18 ,Jacobson's murder. Whatever year that was, it was two weeks
:l.9 before. That is the first time I ever met either one of
20 them.
21 Q. I take it they joined the conspiracy at a later time

• • ,:i •
than these other individuals who apparently JOlneu lD
January of '78. Is that correct?
That's correct, your Honor.
And the conspiracy continued to try to bring Thai stick::.i

18
1 into the United States after you got back from Thailand in
□. 2 March of '78. Is that correct?
3 A. No, your Honor. Well, I never saw the, any one of those
4 people again from the day I got back from Thailand, which
5 was approxima·tely March.
6 Q. Did you know that the agreement was an ongoing one?
7 A. No, your Honor, I never had contact with any one of
8 those people again. I just knew that, what I had contact
9 with over there.
10 Q. You knew you were part of a scheme that. required the
11 participation of others besides yourself?
12 A. Right. But a mishap happened over there. It got busted
□
13 and I came back to the United States and never saw them
again, any one of them.
15 THE COURT: It seems to me we have an adequate
16 factual basis for the conspiracy alleged in Count G.
17 Whether there is a broader conspiracy for a broader period
18 of time or not is an issue that doesn't seem to be raised by
19 this plea.
20 MR. ZEGAS: That's correct, your Honor.
21 MR. GREENAWAY: J:1ay I hctve one moment before I
22 respond to that, Judge?
THE COURT: Certainly.
24 (Pause. )
19
-!
J_ THE COURT: Certainly.
2 (Off the record discussion at sidebar.)
(Pause)
4 THE COURT: It seems to me that an adequate factual
5 basis has been established. Counsel agree?
7 MR. GREENAWAY: Yes for the GoveI"nment, your Honor.
8 THE COURT: Very well. I therefore accept the plea
9 and I set the matter down for sentencing at 12:30, noon, ,:,n
10 June 30, 1988, and direct the defendant to report forthwith
11 to the probation department to begin preparing the
12 presentence report.
13 Anything furthei· at this time?
14 MR. GREENAWAY: Nothing from the Government, your
15 Honor, thank you.
1 t, MR. ZEGAS: Nothj_ng, your Honor. Thank you.
17 THE COURT: Very well. You may step down.
1 1..10
18
20
22
23
24
25
~ n ~ r:' r;,
:.! G l~:n f'....:•: [,._.:,,I

At s:20 _ _ _ _ _ _ r-.i
I.V!LL!AM T. \IVAt.~;1-1
CLEH~{
MEMO RA.ND UM
TO: Honorable Walter F. Stapleton Date

United States Court of Appeals
For the Third Circuit
FROM: Kent Marshall, Deputy Clerk
SUBJECT: Advance Authorization for Investigative, Expert or

Other Services
It is requested that advance authorization be granted to

obtain services in an amotint in excess of the maximum allowed
under the provisions of s~bsection (e) (3) of the Criminal Justice
Act, 18 U.S.C. § 3006A, as.follows:
Cas~ Name & Designation USA v. Steven Kaufman Criminal 83-199
Name of Expert or Investigator Stephen J. Novosedlik
Address 16 Morris Street, Seawarren, N.J. 07077 (201) 855-1443
Type of Expert JnvesH gator

Reasons for Application Please see attached affidavit of Alan
Zegas, Esq.
Estimated Compensation/Fee $5,000.00
I certify that the estimated con~ensation or fee in excess of the

maximum set forth in subsection (e) (3) of the Criminal Justice
Act appears necessary to provide fair compensation for services
of an unusual character or durat:.on and therefore recommend
approval of this advance authorization in the amount
of $5,000.00
.· f<- / 'f--- S-5-
~ d S t a t e s D i s t r i c t~ Date
::O't°X~:@€:.}f'}aJt_~
Garrett E. Brown, Jr.,
Advance authorization is hereby approved in the amount of
$ .._5()(J0 .
DlST~ICT O? ~E~ JERSEY
TRENTON May 19, 1988

Judge GARRETTE. BROWN, JR.

Court Reporter LYNNE - JOH_NSON
(Date Motion Filed)
Title of Case:
UNITED STATES OF AMERICA Docket #: CRIM. 83-199-03
-vs- (Arbitration--Yes No
STEVEN KAUFMAN
Appearances:
UNITED STATES ATTORNEY
By: Joe Greenaway, AUSA, for Govt.
Nature of Proceeding: Retraction
Ordered Deft. Sworn

Retraction of Not Guilty plea entered to Count~ 6
Plea: Guilty to Countx~~ 6
---'------
Terms of plea agreement r_e_a..,,d__,i_n_t_o_t...,.h_e_r_e_c_ord
Ordered plea agreement approved
Ordered plea accepted
Ordered sentence date set for June 30, 1988 at 12:30 p.m.
Ordered Bail continued
--------------
Disposition:
Adjourned to: Time Cor:,.,-nenced: 11: 30 am Time Adjourned 12: 15 pm

-------
~<lcJt~ uty Clerk

/
U.S. Departmen f Justice

970 Broad Street, Room 502 201-621-2700

Newark, New Jersr' I LED FTS/348-2700
May 19, 1988 JAG:msh
1978A
HAY 1 D1988
Alan Zegas, Esquire
20 Northfield Avenue 'At 8:30 .• ~ --:::-:-: ~ .M '
West Orange, New Jersey 07502 WILLIAM T. WALSH/1 b o ::::, _ /r,o
' ._ CLERK . ~ O ~ 1l
Re: Plea Agreement with Steven Kaufman
Dear Mr. Zegas:

agreement between Steven Kaufman and the United States Attorney for
the District of New Jersey.
Based upon the understandings specified below, the United f~_,,e'/

States will accept a guilty plea from Steven Kaufman to Count ~ -:;,~...., cJ!'¥:J
of Indictment 83-199 charging a violation of 21 U.S.C. § 841 (a) (1) \~f
with a maximum sentence of 5 years imprisonment and a $25,000.00 ;,,
fine. If he complies with these understandings, the United States
will not prosecute Steven Kaufman for other potential charges
relating to the distribution and possession with the intent to
distribute cocaine and thai sticks between June 1977 and September
1979 and at the time of sentencing will move to dismiss all
remaining counts of Indictment 83-199.
Steven Kaufman is within the sole discretion of the sentencing
Judge, and that this Office will not make any specific
recommendation regarding the proper disposition of this matter
other than contained herein. This Office cannot and does not make
any promise or representation as to what sentence Steven Kaufman
will receive. Steven Kaufman understands that the sentencing Judge
may impose the maximum sentence of imprisonment and a fine.
Furthermore, this Office will also inform the sentencing Judge and
the Probation Department of: ( 1) this agreement; ( 2) the nature
and extent of Steven Kaufman's activities with respect to this
case; and (3) all other
-2-
information, favorable or otherwise, in its possession relevant to

sentence. It is understood that the United States specifically
reserves the right to correct factual misstatements relating to
sentencing proceedings and to oppose any application by Steven
Kaufman for a reduction of sentence pursuant to Rule 35, Federal
Rules of Criminal Procedure.
It is further understood that this agreement is limited to
the United States Attorney's Office for the District of New Jersey,
and cannot bind other federal, state or local prosecuting
authorities.
It is further understood that the United States and the

defendant Steven Kaufman agree that the Court should impose a
sentence to run concurrent with the fifteen year sentence the
defendant is currently serving. Also, the United States and the
defendant Steven Kaufman agree that the Court should recommend to
the appropriate authorities that the conviction resulting from the
instant offense should not be considered in assessing the
appropriate date for parole eligibility. This suggestion to the
Court is based on the following factors: a) the instant offense
charges the defendant for crimes that he committed more than nine
years ago; b) the defendant is presently serving a fifteen year
sentence for crimes committed subsequent to the instant offense;
and c) the other defendants charged in the instant indictment have
had their cases resolved.
It is further understood that this plea agreement does not

prohibit the United States, any agency thereof, or any third party
from initiating or prosecuting any civil proceedings involving
Steven Kaufman, including, but not limited to, proceedings by the
Internal Revenue Service relating to potential civil tax liability.

been entered into with respect to Steven Kaufman's criminal
liability other than those set forth in this letter and none will
be entered into unless in writing and signed by all parties.
Very truly yours,
SAMUEL
United
-3-
I hereby acknowledge that this letter fully sets forth my

agreement with the Office of the United States Attorney for the
District of New Jersey. I state that there have been no additional
promises or representations made to me by any officials or
employees of the United States or by my attorney/i/connection with
this matter. ...,_,,__ f
r.-J!--y,,
STEVEN KAUFMAN
1Y~:tJ(A,~~~---f
Witnessed by:
~AfJ/C';/<~ ~()?/
ALAN ZEGAS, ESQUIRE
Attorney for Steven Kaufman
UNITED STATES DISTRICT COOJtT
DISTJlICT OF REif JDSEr
•
UNITED STATES OF AMERICA: Criminal •o. ~~-\'q 9
Plaintiff,
vs. r I l ED UPLXCATIOR l'Oa PDMISSIC
'1'0 ER'1'Blt PLEA OP GUZL'.ri
S, k:.:-.J E...J \::Pi~J f\'·'\ A~'
Defendant. (Defend.ant with Counael)
hereby certifies •• fo\lova 1 · _. · ·
Defendant' a name WILLIAM •
. CLERK
1. My full name is S-r·1c:.✓ 1i:.i-J \::P)-..,~f'i::\ ---l
and I request 1:bat. .
all proceedings a9ainst me be held in that name.
2. I understand that the Constitution and. lawa of the Unite4.. ltat4
guarantee me the right to be represented by• lawyer at every aug~11
these proceedings, including any trial on these charges, an4 that.if J
cannot afford to hire a lawyer, the Court will provide one fo~-.
3. I have a la er who is representing me in this proceediG9• My
lawyer' s name is L A.J Z1:..GP\:s • % believe and ua utiaf it
4.
that I have had enough tl.JDe to 1scusa t a matter v~-llY-
My date of birth is 9 · \'--1 ·"-.\ \:i • % (-am)- aa not}) aarr1e4
:•"Y••
and I have no children.
s. English [is) fi-s-not) my native lanCJU&~••~ m a l education
stopped after t.\1' 1ear ",J;-c,.,,\es~ • I am presently ( ~oye.41) [employ.9d)
[grade)
as a _ _ _ _ _ _ _ _ _ _ _ _ •
, .
[occupation) · .
6. I have t.aken ~ [the following) c!ruga or medication wit.bin tl
past twenty-four hour~ ·
I .. ~[~~ drunk alcobolic beverages within the past
twenty-four h o u r s ~ ··· ·
7. I [have-1- (ha..!! nHHJ~ een a patient in a mental hospital or
institution. I ( o no believe that at the present tiM 1 a.
mentally ill or menta incompetent in any respect. •
8.· I received a copy of the Complaint (Information) before beinq
called upon to plead. I have read and 4iacuasacl it with IIJ lawyer.
I und~~~t~dQ,\M~h• substance of_th• charge•<•> against me 1• that
I: C:Hsrr\o-.J\;@-- 0,("'I~ ee~~e~e(,,\ w\-\\., '"""'~ \'l' w--.t i:~ cl'..ss,-, ........Tes Q ✓ C--\'\;b of-
,· s@§tisN:S!: -j"~-.C:,\ s\, r, I
. [add separate sheets if necessary)
9. I have told my lawyer all the facts ancS circumstances known- to
me about the charges set forth in the Ccmplaint (Information).
10. I am satisfied that my lawyer underatan4a the infonaation·vhicl
I have providecl, and that my lawyer has co.unsellecl and advise4 .... on- t
nature of each charge and on all possible 4efansea that I llli9ht· h&v• j
this case. · ·
11. In addition,·my lawyer has explained to ae, an4 l understand,
that if I entered a plea of NOT GUILTY (or persisted. in ay plea·. of•·
NOT GUILTY) , under the Constitution and. lava of the United. Stateat l
would be entitled to a speedy and public trial by a jury of twelve-
persona on the charges contained in this Indict•nt (Information).
12. Ky lawyer has explained to••• and I underatand. that a
aucb a trial the jury would be told by the judge that l aa preau
to be innocent, and that the Governaent would be required to pro
me guilty of the charges against me beyond a reaaonable doubt.
underatand tbat I would not bave to prove that I•• innocent, an
that I could not be convicted unless all twelve jurors voted
unanimoualy for conviction.
13. Ny lawyer bas discussed with me, and I understand, that
I went to trial on these charges, the Government would have to
produce in open court the witnesses against me, and that •Y lavy
could confront and crosa-exaaine them and object to evidence
offered by tbe Government.
14. My lawyer baa further explained to me, and I unc!eratand
that I bave the right to produce witnesses and could offer evide
in ■y defense at a trial on these charges, and that I vould bave
the right, if I ao chose, to testify on ay own behalf at that
trial, but if I chose not to testify, the jury could draw no·
suggestion or inference of guilt from that fact.
15. My lawyer bas explained to me, and I understand, that 1:
plead GOILTY to any charge(a) in this complaint (Information) an1
the judge accepts my plea, l WAIVE MY RIGBT 'rO TRIAL AHD TBE OTB:
RIGB'l'S SET FORTH IN PARAGRAPHS 11, 12, 13 and 14 ABOVE. 1 aa aw,
and understand that if my GUILTY piea ia accepted, there vlll be
trial and a judgment of GOILTY will be entered after vb1cb the
judge, upon consideration of •Y presentence report, vlll lapoae
punishment upon me. I understand tbat if I plead GUILff, th• juc
uy impose the same punishment aa if I bad pleaded •not guilty•,
went to trial and was convicted by a jury. ·
16. My lawyer has also explained to me, and I underatand,
that if I plead GUILTY, I WAIVE MY RIGHT NOT TO INCRIMIRAH
MYSELF. I understand that tbe judge will ask•• what I 414 and J
will have to acknowledge my guilt•• charged by aetting forth my
actions eo that the judge ia aatiafied that I u, indeed, guilty,
I understand that any statement• I ■ake at the time I plead GUIL~
if untrue and made under oath, can be the baaia of a perjury
prosecution against ••• . ·
17. Ky lawyer baa informed me, and I understand, that the
max~ua puniabaent vhicb the law provides for tbe offenae(a)
charged in this Complaint (Infd'kmation) isi
A MAXIMUM 01' '5 - yeara imprisonment and a fln~
of S;2'5,.::,o-.:> for the offenses charged ln Count (a) ~ C, A?.. ~ ,
avyer baa furtber explained, and I understand, tbat there la
l:1
a
no ~ ■andatory minimum punishment of
~ c.J mandatory minimu fine of s___for the off!n•••
charged in Count (al · • •
Yeara i11Priaonaer
¾
I understand that if I plead GUILTY to count (s) '¢ C, Ac. of th•
Complaint (Information), I face a aaxima sentence on tbose count
of S years imprisonment, plua an aggregate fine of si-s, 00 .:.
My lawyer haa additionally explained, and I understand tbat In
addition to or in lieu of the penalties already discussed, I aay
ordered to make restitution to any victim of the offense and that
the Court aay require•• to uke restitution in aervices instead
money or to make restitution to a designated.third person or
organisation instead of the victia. I understand that in
determining whether ~o order r~•titution and ~b~ aaount of
c-estitution the Couc-t will consider the amount of the loss
sustained by any victim as a cesult of the offense, my financial
c-esources, the financial needs and earning ability of my
dependents, and any other factors as the Court deems appropriate.
~ understand that I will be assessed $50.00 for each felony
upon which I am sentenced and $25.00 for each misdemeanor: if any.
government, (federal, State or local), nor my lawyer, nor any othE
person, has made any promise or suggestion of ani kind to me, or
within my knowledge to anyone else, that I will receive a lighter
sentence, or probation, or any other form of leniency if I plead
GUILTY. My lawyer has explained, and I understand, that only the
judge may decide what punishment I shall receive, and that if any
person has told me otherwise, that person is not telling me the
truth.
IF A GUIDELINE CASE: please answer 18A through 18I. If not,
go directly to tl9.
18A. I understand that I will be sentenced according to the
Sentencing Guidelines pursuant to the Sentencing Reform Act of
1984, since my offense occurred on or after November 1, 1987 • •
18B. I have discussed with my attorney how these guidelines might
apply to my case.
lSC. I understand that the Court will not be able to determine the
guideline sentence for my case until after the Presentence
Report has been completed and both I and the Government have had
an opportunity to read the report and challenge ~ny facts reported
by the probation officer.
180. I further understand that after it has been determined which
guideline range applies to my case, the judge has the authority
to impose a sentence more severe (up to the statutory maximum)
or less severe than the sentence called for by the guidelines.
18E. I understand that the Court may be bound to impose a fine in
accordance with both statute and the guidelines.
lSF. I understand that under some circumstances I or the Government
may have the right to appeal any sentence imposed.
18G. I understand that parole has been abolished and if I am sen-
tenced to prison I will not be released on parole.
18H. I further understand that the Court may impose a term of
supervised release to follow any term of imprisonment and that any
viol,•ion of that term of supervised release may result in an
additional term of imprisonment.-
.:....18!. I understand that I will haYe no right to withdraw my plea on
the ground that anyone's prediction as to the guideline range or
expectation of sentence proves inaccurate.
threatened in any manner by any person to plead GUILTY to these
charges. Nor have I b,en told that if I refuse to plead GUILTY,
other persons will be prosecuted.
20. There ~ (has not] been a plea agreement entered into
between me and the United States Attorney by Assistant United
States Attorney jo.:g.P't-\ G-~'c..E.,-.) f'l,,H\'j
(name)
[ ) The plea agreement does not exist in written form.
[ y.. ] The plea agreement does exist in vri tten form. I have read
it, my lawyer haa explained it to me and I understand it.
20. The substance of the plea agreement is:
\ w\H p\ea\..\ ~\J' \:\:7 iv c.:v::l "<fci ~<c '"(.\;q.,,...Ezlt· \,.. c::~c.,,.1;:,,...,'.1~. iL-i(!
3=?~SK_,,,,....,~'r .,.\1\\ re.co,,.....,,.,~J ;\\-:, :Th3 j-..Jd s,t: ~t.)\- °"1 ~"'"'L~ l:::-,es,3E<.J S~\~ ..-.....,..
co...,t._i,-,-~r ...,.)',-\1,., t>-,7 pre.s&--it ~i,>,<.e-. l"'c o.Js.kbs:n-:\?Sa' 3'?=~r,..,-,.,e-,t <.Ji\\ ,~cc,..,::::£:)<.1 ii:,
-'\\,!? Ce-.r:'s: ;t\,9\ i\c rec.o,--.,/\fh.l -\'o -{½:;,: ope--op..-,~9-07onp~ i\,,,t)t ~ C:..C.-V1Lh <:>--,
or;s', .... ~. ~ ~ r le, -\)-\,s
........~ .St'- \ Q,.,
<::>u1\tt P\e'Q C'\<:.+
i::-..,,,-,,..._._v,, servv,~-
\e C':)'\$\Q.~r<?.J \ ~ d«t~r .. , ...-....J' "'l ~..-o\,I; ~,. t\~\,'ry 0~
21. My awyer has explained to me, and I understand, that the
terms of the plea agreement might be unacceptable to the judge. If
the judge does not accept the terms of the agreement, I understand
that I may withdraw my GUILTY plea or go ahead and plead GUILTY
anyway. If, after the judge informs me that the plea agreement is
unacceptable, I continue in my desire to plead GUILTY, I understand
that the disposition of my case may be less favorable than that
proposed in the plea agreement.
22. I believe that my lawyer has done all that anyone could do
to counsel and assist me, AND I AM SATISFIED WITH THE ADVICE AND
HELP MY LAWYER HAS GIVEN ME.
23. I know the judge will not permit anyone to plead GUILTY
who claims to be innocent, and with that in mind and because I -am
GUILTY and make no claim of innocence, I wish to plead GUILTY. I
cespectfully request that the Court accept my plea of GUILTY and to
have the Clerk enter my plea of GUILTY as follows:
To Count(s) -a~ of this Complaint (Information).
I offer my plea of GUILTY freely and voluntarily and of my
own (Information), in this application and in the certification of
my lawyer which is attached to this application.
25. I further declare that I wish to waive the reading of the
Complaint (Information) in open court, and I request the Court to
enter my plea of GUILTY as set forth in Paragraph 23, above.
26. The following person(s), if any, assisted me in completing
this application: £\LBJ l. CE.G-F\s
I hereby certify that the foregoing information and

statements herein are true. I am aware that if any of the
foregoing statements made by me are wilfully false, I am subject to
punishment.
Signed by me in open court in the presence of my lawyer
this 1-Y day of (")A'i
14:l~-ev~ Defendant/'
(
CERTIFICATIO~ OF COUNSEL
__fl
. . . . _~_A...;....~_L_._z_~~~~G~A~S;._______ hereby certifies that:
1. -I am an attorney at law of the State of ~E.w J'c..¥,.SE.1

and h-ave been [ ~ ] [assigned to repr_e_s_e_n~t-)r-t~h~e-~d-e~f-e_n_d~a_n_t__
SJ~---1 \::~vi'",q...., I e -
in ~ ~ · - - - s - N - e . Cc,(>, . N ;:i • ~ I~.,
I have read and fully explained~t·o---t~h-e-~d~e~f-e-n~d~a~n-t--t-h_e_ _ _ _ __
2.
allegations contained in the c-emp-l.-a-i-R-t ( Info.rnt.ionh \ric.i\~1;.-,1M-{,
representations and declarations made by the defendant in the
foregoing Application are in all respects accurate and true.
4. I have explained the maximum and any mandatory minimum
penalty for each count to the defendant. I have explained to
him that he may be ordered to make restitution under the Victim
and Witness Protection Act.
4A. IF A GUIDELINE CASE:
I have explained to the defendant that sentencing will b~
g~verned by the Sentencing Guidelines as established by the
Sentencing Commission. I have further explained how the
Guidelines might apply to this offense and to the defendant.
5. The plea of GUILTY offered by the defendant in Paragraph ii
accords with my understanding of the facts related to me and
is accords with my understanding of the facts related to me and
is consistent with my advice to the defendant.
6. In my opinion the defendant's waiver of reading the i.-.J\ct~t
e-e-mp-raint (Info,niati~n) in open court as provided in Rule 10 is
voluntarily and knowingly made, and I recommend to the Court
that the waiver be accepted by the Court. .
7. In my opinion the plea of GUILTY as offered by the
defendant in Paragraph 23 of this Application is voluntarily
made with understanding of the consequences of the plea. I
recommend that the Court·accept the plea of GUILTY.
Signed by me in open court in the presence of the
defendant above named, and after full disclosure of the
contents of this Certification to the defendant, this
day of C'.)9::J , 19 Be • ---------\1
UNITED S7ATES .DISTRICT
DISTRICT OF NEW JERSh
(Y 'RT
dJiJ
TRENTON March 29, 1988
Court Reporter LYNNE JOHNSON
(Date Motion Filed)
Title of Case:
Docket #: CR. 83-199-03
V. (Arbitration--Yes No
STEVEN KAUFMAN
Appearances:
Joe Greenaway, AUSA, for Govt.

Alari Zegas, Esq., for Deft.
At call for trial with jury before the Honorable Garrett E. Brown, Jr.
Ordered the time from 1-19-88 to 3-29~88 be excludable.

Ordered trial date set for April 28, 19.88 and counsel to report by
telephone conference call on April 5, 1988 at 5:00 p.m.
Ordered jurors excused until further notice from the Clerk's Office.
Adjourned to: Time Commenced: 9:10 am Time Adjournedl2:30 pm

-------
cc: Chambers
- --- - -··--- ...,.._..., .., .... .1..__.L \..UU!{"J."
DISTRICT. OF NEW ·JERSE-'"
( . (
Minutes of Proceedinos
Trenton March 29, 1988··

Office
Date of Proceedings
Judge BROWN 3-29-88
----------'---------- (Returnable Date of .Motion)
Court Reporter Lynne Johnson
3-25-88, 3-28-88
Other(s) (Date Motion Filed)
JoAnn F. Mattis
Title of Case:
United States of America
Docket:: Crim. 83-199
vs. (Arbitration--Yes No X)
StevenKaufman,
Appearances: .. ··- ---- ---····-·-·· ----·-----------------·------- -·-- ---·-------- ---- ····-·

....
Philip R. Sellinger·, Esq-.- -AUSA---for govt-;----- -
Alan Zegas, Esq. for deft. Kaufman
Peter D. Coddington, Assistant District Atty.

r I L·E D
MAR 2 91988
AtB:30 ......... .M
WILLIAM T. WALSH
Nature of Proceeding: CLER:{
H~aring·on motion by Assistant District Atry. of Bronx, NY to quash·subpoena

served upon Office ~f the-District Atty.::-
MOTION DENIED.
Hearing on-~otion by deft. Kaufman for Oontinuance of trial.
MOTION GRANTED.
Exparte prefer of defendant for production of documents.

In camera inspection of documents.
Ordered redacted documents turned over to defendants and AUSA, by Assistant
District Attorney.
Ordered orQceedings
Dispos"1.. t.:i.on: sealed .. Order to be prepared by the Court.
~.c.journed to: Time Co~menced:9:10 am Tirae Adjourned 12:30 pm

--------
cc: Ch2..nbers
..
. ...... .
Tren1fn ··-· . -·-· -· ........
... Of ice
Date of Proceedings
Judge BROWN 2-29-88
J:...;a,-1 di,,,r,-,
Court Reporter 2-22-88
Other{s} (Date Motion Filed)
JoAnn F. Mattis
Title of Case:
United States of America Docket:: Crim. 83-199
vs. (Jl.rbitration--Yes No x )
Steven Kaufman
- . .
Appearances: -··--•-· -------·-·-·- ----·---· -----· -·-·----------· --·· -·--· --- .
Philip R. Selling~r, Esq. for Govt:
Alan Zegas, Esq. for deft. Kaufman
Be~ring on motions by.de~t. ~o-compel go-;tt. to turn over all •Brady•
and •Giglio• material; · to dismiss indic~nt; and to·· compel govt. to supply
a bill of particulars~
Ordered motions to be continued until 3-29-88 a t 9 : 00 a.m.
Disposition:
At8:30 · · · · · · · · · .M
WIU.IAM ,-;WAL~H
CL~Rt<
Time Co~~encec~ .. _
5·.00pm
_ _ _Time Adjournea5:20pm
ALAN L. ZEGAS, ESQ.

(201)736-1011
Steven Kaufman
;:;r
t,I 8:30 ··--"--------···-...=. ,1,
VJIUJAM T. \\J ALSH
UNITED STATES OF AMERICA, CLERK
Plaintifff,
STEVEN KAUFMAN, NOTICE OF MOTION

FILED ON SHORT
Defendant. NOTICE FOR CONTINUANCE
TO: JOSEPH GREENAWAY

United states Attorney's Office
970 Broad Street
SIR:
PLEASE TAKE NOTICE that on March 29, 1988, at 9: 00
o'clock in the forenoon, or as soon thereafter as counsel

may be heard, Alan L. Zegas, Esq., attorney for defendant,
Steven Kaufman, shall move before the Honorable Garrett E.

Brown, Jr., for a continuance of the trial date in the
above-captioned matter. In support of this motion,
defendant shall rely upon the certification of Alan L.

j}(
~;::·
l1Zegas, Esq.,
.
submitted herewith. No brief is necessary in
support of this motion.

ALAN L. ZEGAS, ESQ.

(201)736-1011
Steven Kaufman

Plaintifff,
STEVEN KAUFMAN,
CERTIFICATION OF
Defendant. ALAN L. ZEGAS IN
OPPOSITION TO MOTION
TO QUASH SUBPOENA AND
IN SUPPORT OF MOTION FOR
A CONTINUANCE.
1. I am an attorney-at-law of New Jersey and represent

defendant, Steven Kaufman, in the above matter.
2. On March 22, 1988, a subpoena (Exhibit A, attached
hereto] , was served by defendant upon Paul Gentile, the
Bronx District Attorney, for his testimony and for those
documents arising out of State of New York v. Howard "Buddy"

Jacobson, relating to defendant, or to the government's
witnesses at this trial, Joseph Margarite or Gosta

Ferneborg.
3. On March 24, 1988, I learned during a telephone
conference with the Honorable Garrett Brown, Jr. , of the
1
United States District Court for the District of New Jersey,
and with Assistant United States Attorney, Joseph Greenaway,
that both the Court and the United States Attorney's Office
had each received from the Bronx District Attorney, a motion
to quash defendant's subpoena. I alerted the Court that I

had not been served with a copy of the District Attorney's
motion papers. The Court thereupon directed Mr. Greenaway
to have me personally served with a copy of the papers. At
approximately 4:15 p.m., on Friday, March 25, 1988, I
received a copy of the Bronx District Attorney's notice of
motion and brief from Joseph Greenaway. At approximately
5:00 p.m. on the same day, I received from Mr. Greenaway a
DEA-6 form, which contained a report of an interview
conducted by DEA agent Donn Fox with informant Gosta
Ferneborg on August 18, 1981. [Exhibit B, attached hereto].
In the interview report, Mr. Ferneborg' s knowledge of the
murder of John J. "Jack" Tupper, in 1978, is discussed.
4. The report of the interview states that on the night
before the murder of Mr. Tupper, witness Margarite and
defendant Kaufman drove to Kaufman's place in Woodstock, New
York, picked up two guns, drove back to New York city, and
gave the guns to Jacobson. The murder was purportedly
committed by Jacobson; Ferneborg states that thereafter
Margarite helped Jacobson and "two Italian workers clean up
the mess." In addition, the report of the interview with
2
Ferneborg states that Margarite and Kaufman disposed of the
guns after the murder was committed.
5. The interview report was prepared after Buddy
Jacobson was convicted of the murder of Tupper and while his
appeal was pending.
6. The murder, since its occurrence, has been the
subject of great controversy. In 1981, a book was written
which recounts the events leading up to the murder and the
subsequent trial of Mr. Jacobson. In October 1980, the New
York Post published a series of articles about the murder.
See, e.g., Exhibit c, attached hereto. The articles, which
were based upon reports prepared by investigators and
forensic specialists, accused the Drug Enforecement
Administration of altering its computer records after the
murder, to distance Tupper from a narcotics ring with which
he had been associated. Portions of copies of the altered
reports were reproduced in the newspaper. See Exhibit D,
attached hereto. The newspaper articles also accused the
District Attorney of withholding the full details of the
murder from Jacobson's attorneys. Exhibit c.
7. The August 18, 1981 DEA report directed the Newark
office of the DEA to supply the New York District Attorney's
Office with a copy of the report.
8. I have had various telephone conversations with Jack
Evseroff, who defended Mr. Jacobson at trial, and with
former United states Attorney General, Ramsey Clark, who
3
represented Mr. Jacobson on appeal. Both Mr. Evseroff and
Mr. Clark advised me that they did not ever recall having
been given a copy of the August 18, 1981 DEA report. That
report, with out more, would have been vital to the defense
of Mr. Jacobson, because it established a definite link
between Margarite and the murder. At trial, Mr. Jacobson
was precluded from attempting to implicate Margarite because
of the absence of evidence. This fact was conceded by an
Assistant United states Attorney from this District, who, in
a 1983 letter written to Judge stern, in connection with the
government's motion to suppress evidence relating to the
Buddy Jacobson case from the trial of Mr. Kaufman's co-
defendant, Tracy Wong, stated:
At the trial of Jacobson, Jacobson
attempted to argue that P.G.W. #1
[Margarite] committed the murder. He
was prohibited from making that
argument, however, because of the
absence of evidence in support thereof
Exhibit E, attached hereto.
9. I have strong reason to believe that the Bronx
District Attorney's Office has other documents or
information in its possession arising out of the Jacobson
investigation and relating to defendant Kaufman and to
witnesses Margarite and Ferneborg, which have never been
turned over to Mr. Jacobson's attorneys.
10. Defendant suggests that the reason that the Bronx
District Attorney's Office is seeking to quash this subpoena
4
is not because it is overly broad, but rather is because
information may come to light, relevant to the defense of
defendant, as well as of Mr. Jacobson, that has never before
been released.
11. Contrary to the assertions of the Bronx District
Attorney, the subpoena does not seek irrelevant information,
but instead seeks impeachment material vital to defendant's
defense. It is precisely this type of material that the
Supreme Court in United States v. Giglio, mandated that
prosecutors to turn over to defendants.
12. As defendant noted in his previous brief, Judge
stern, in 1983, at the trial of defendant's co-defendant,
Tracy Wong, denied the motion of the government to bar the
defense from introducing information relating to the
Jacobson case. Accordingly, this issue having been already
decided by a coordinate Judge of this Court, is the law of
the case and bars the government from raising this issue
anew. Indeed, in 1983, the Assistant United States Attorney
trying Wong, in his opening to the jury, stated:
Now, I tell you right now that
Gosta Ferneborg, Joseph Margarite, some
of the other cooperating witnesses, they
are not choir boys, they are not
priests, they are not pillars of the
community. They are career criminals.
Exactly what you'd expect these drug
dealers to be. Margarite and Ferneborg
even once helped a man named Buddy
Jacobson get guns and get rid of guns,
which Jacobson used in a murder for
which he, Jacobson, was convicted. And
Margarite even discussed killing
5
Ferneborg after the two of them had
split up.
Exhibit F, attached hereto.
13. If information pertaining to the Jacobson murder
was relevant to Wong's trial, it is a fortiori relevant to
Mr. Kaufman's. Mr. Wong had no connection to Margarite's or
to Ferneborg's involvement in the Jacobson case. By
contrast, the government here specifically contends that,
at the time of the murder, defendant Kaufman not only had a
relationship with both Margarite and Ferneborg but had also
supplied Margarite with the weapons purportedly used by
Jacobson. The brief of the government states: "Kaufman
gave Jacobson two of his guns in front of Joseph Margarite.
Within a couple of days Jacobson used the guns to commit the
murder of Jack Tupper. After Jacobson committed the murders
[sic], he returned the guns to Kaufman, who along with
Margarite and Ferneborg disposed of the guns."
14. The information contained in the brief of the
government is inconsistent with the DEA-6 report given to
defendant Kaufman. There is no mention in that report of
Kaufman handing guns over to Margarite in front of Jacobson,
nor is there mention that Jacobson returned the guns to
Kaufman. In light of this critical inconsistency, the
government must have information available to it, that has
not been supplied to defendant. Defendant demands that all
such information be supplied forthwith.
6
15. Aside from the information sought by the subpooena
served on the Bronx District Attorney and the Brady and
Giglio requests served on the government being relevant for
impeachment purposes, the information is also relevant for
other reasons which the defendant does not wish to disclose
to the prosecutors until he begins his defense at trial. In
order to satisfy this Court, however, that there are other
reasons why the requested materials are vital to defendant's
defense, defendant would be willing to make an ex parte, in
camera, sealed submission to this Court.
16. Insofar as the Bronx District Attorney seeks to
quash the subpoena served upon it because Margarite was not
called as a witness at Jacobson's trial, that argument is
absurd. Joseph Margarite was missing since the day of the
murder. In fact, in December 1978, four months after the
murder, the Police Department of the City of New York
circulated a "Wanted" poster to aid in Margarite•s capture.
See Exhibit G, attached hereto.
17. In addition to the absurdity of its argument about

Margarite not being called as a witness at trial, there is
no factual basis whatever for the Bronx District Attorney's
claim that the subpoena is overbroad. The subpoena does not
seek all materials relating to the Buddy Jacobson
investigation. All that is sought are materials relevant to
defendant's defense: that is, materials relating to
defendant and to witnesses Ferneborg and Margarite.
7
Defendant, in good faith, believes that such materials
exist, particularly in light of the statement contained in

the DEA-6 report: that a copy of the report was being
turned over to the New York prosecutors.

18. on March 23, 1988, the day after I served the
subpoena on the Bronx District Attorney, I spoke with
Assistant District Attorney, Efrain Alvarado. Mr. Alvarado

stated that there was no basis for defendant serving Paul
Gentile, the Bronx District Attorney, with a subpoena to
testify, because he had no information about the Jacobson
case or about Mr. Kaufman's. I explained to Mr. Alvarado

that Mr. Gentile was subpoenaed because he has ultimate
responsiblity for his office, but that defendant would
accept as a substitute for Mr. Gentile, a person from his
office who had knowledge of the matters contained in the
subpoena. I specifically told Mr. Alvarado that I had
learned that one of the District Attorneys who defendant

wanted to subpoena as a witness at trial, Peter J. Grishman,
was no longer employed by the Bronx District Attorney; I
explained that I wanted to learn where I could find him.

Mr. Alvarado stated that he would "reach out" for Mr.
Grishman, and would have him call my office, if he were
willing to talk. It was on that same day that the Bronx
District Attorney prepared its motion to quash defendant's

subpoena. As I noted previously, I did not receive the
motions papers directly from the District Attorney until
8
Saturday, March 26, 1988, although the Court and government
received their copies earlier.
19. Although trial was most recently scheduled to begin
on February 29, 1988, and although, under this Court's
discovery order, all Brady material was to be turned over to
defendant within ten days of the time of arraignment, which
was in December 1987, it is my belief that I still have not
received all exculpatory or impeachment material.
Submissions of such materials were made to me on February
22, 1988, February 29, 1988, March 7, 1988, March 11, 1988,
and March 25, 1988. As of this date, I still do not have
the Denmark indictment against Mr. Ferneborg, the transcript
of Mr. Ferneborg's guilty plea in this District, the
polygraph questions posed to witness Margarite by the
government which led to his rejection from the Federal
Witness Protection Program, or the reports relating to
Margarite which are referenced as Exhibit H to defendant's
brief on the Brady issue which was earlier submitted to this
Court. In addition to the foregoing materials, I believe
that other exculpatory or impeachment materials exist, which
I have not been given.
20. As a result of having only recently received
materials that are highly relevant to defendant's defense,
and as a result of the pending motion of the Bronx District
Attorney to quash defendant's subpoena, defendant needs
additional time to prepare his case and, if necessary, to
9
respond in more detail to the motion to quash. More time is
also needed because certain witnesses have not yet been
located who have information relevant to defendant's
defense. Finally, by granting defendant's motion for a
continuance, the Bronx District Attorney's Office will have
the additional time it claims it needs to compile the
documents encompassed by defendant's subpoena.
21. If this Court will recall, the indictment in this
matter was returned in 1983 and relates to offenses alleged
to have occurred ten years ago. Because the events relevant
to the trial occurred so long ago, the task of preparing
effectively for trial is especially difficult. The
resistance of the Bronx District Attorney to the subpoena of
defendant and the government's delay in turning over
exculpatory or impeachment material serves only to make
effective preparation for trial more burdensome.
22. Defendant has a constitutional right to compulsory
process. Washington v. Texas, 388 U.S. 14, 16 (1967). If
this Court does not enforce the subpoena served upon the
Bronx District Attorney, defendant will be deprived of
gaining access to information and to testimony that is not
only vital to his defense, but that he has no alternate way
of acquiring. The information requested relates to specific
individuals who are critical to this trial. Accordingly, if
the Bronx District Attorney's motion to quash the subpoena
is granted and if defendant's motion for a continuance is
10
denied, defendant would request that the indictment be
dismissed; the age of the indictment and the unavailability
of information which is vital to defendant's defense makes
preparation within the time allotted impossible.
23. For all the foregoing reasons, defendant

respectfully submits that the motion of the Bronx District
Attorney to quash the motion of defendant must be denied,
and defendant's motion for a continuance in order to
effectively prepare for trial must be granted.
Dated: March 26, 1988
11
, AO 89 (Rev. 5/85) Subpoena
- - - - - - - - - - - - - - - - - DISTRICT O F - - - - - - - - - - - - - - - - -

V. SUBPOENA
CASE NUMBER: 83-199
STEVEN KAUFMAN
TYPE OF CASE SUBPOENA FOR
Oc1v1L []: CRIMINAL [X}PERSON [ ] DOCUMENT!Sl or OBJECT!Sl
TO: Paul Gentile

Bronx District Attorney
215 East 161st Street
Bronx, New York 10451
YOU ARE HEREBY COMMANDED to appear in the United States District Court at the place, date, and time
specified below to testify in the above case.
PLACE COURTROOM

Hon. Garrett Brown
Trenton, New Jersey 08605 QA TE AND TIME
, March 29, 1988, 9:00 _;.~~-

YOU ARE ALSO COMMANDED to bring with you the following document!sl or object(sl: *
All papers, internal memoranda, police reports, DEA reports, FBI
reports, investigative reports, statements, recordings, and all other
documents, of .any kind whatever, that relate, directly or indirectly,
to Joseph Margarite, Gosta Ferneborg and Steven Kaufman, including
but not limited to documents prepared or obtained during the inves-
tigation of these individuals in connection with State of New York
v. Howard ("Buddy") Jacobson.
This subpoena shall remain in effect until you are granted leave to depart by the court or by an officer acting on
behalf of the court.
DATE
(BY) DEPUlY CLERK March 22, 1988
QUESTIONS MAY BE ADDRESSED TO:
Thi plication of the: Alan L. Zegas, Esq.

OPtaintiff 0 Defendant 0 U.S. Attorney West Orange, New Jersey 07052
(201)736-1011
ATTORNEY'S NMlE, ADDRESS AND PHONE NUMBER
• If not applicable, enter "none".

If.
CD
REPORT OF INVESTIGATION Page 1 of h
1. PROGRAM CODE 2. CROSS
FILE
RELATED FILES 3. FILE NO. - .14; G-OEP IDENTIFIER
.. .. Cl-78-0026. DAl...,Cl -
5 • BY:
G/S Donn Fox - ~ SR3810026 6. FILE TITLE ;
AT: San Francisco, CA. D

D JACOBSEU, lt&JYJ.¥&0Pf"/:._:h_
D -···
0 RequHted Action Compleled D 8. DATE PREPARED . ~ .
7. Ocro58d
Gl.Ac:-tion Requested Bv: ?'lewark Rn
- .. .
August.18.1981
. ... - .
9. OTHER OFFICERS:
S/A George Yang
10. REPORT RE:
Debriefing of SR3810026; homicide of John J. "JACK". ~t'-P-ER--- · -·
. ,·,··
On 6/16/81, SR3810026 rovided a statement at t SFDO regarding his

knowledge of the even s surrounding the homicide f John J. "JACK"-
TUPPER at- New York,. ew York. SR3810026 is avail ble··to testify. :
DETAILS:
. . . 1----_, .
l.. Dur-i.ng ·the spring of 1977, SR3810026*d Josep MARGARITE, part~~rs · ·,..
in the distribution of hashish and marihu na, move to an apartment
possibiy Apt. 7(F), 155 E. 84th Street, .anhattan New York. The aoart-
ment house was owned by Howard nBUDDY" ACOBSEN, famous horse trainer
on the Aqueduct.circuit. JACOBSEN owed a mode agency which was located··
in the building. The building was stly inha ted by models. JACOBSEN
was partners in the _model· agency
7 w-i h MELANIE NU> who was also JACOBSEN's
D araI:1our _ - / ·
2. A month or so -iater, SR~ai. 6zs

moved· o another apartment in the
building. During the spring f 1978 SR 10026 moved across the street to
an apartment located on the in~h floo at 12~ E. 84th Street. When SR381-
0026 moved out of JACOBSEN's building, Steven Y~Uflf..AN moved into SR3810026's·
-old apartment on the fif floor. metime prior _to· this SR3810026 and
MARGARITE ··bad rented 'an he:t' .apart ent on· the seventh· floor northeast
corner of""'.the JACOBSEN apartment uilding:which was to be utilized as
a ''stash pad': in SR3 002~ and, RGARITE's-narcotic busines~!.: _
/ ./ ,-
; • ~ l L .~• •• •
3 Dl.l..t'ing the cours

0 197 8, SR381002:6, _'7.d HARG.A.RITi. beca.me
friends with. JACOBSE l. They at a number of meals together at a restau:t>ant
across the street, c lled N" o a's. JACOBSEN' prom ted a number of invest-
ment opportunities i. which' he attempted to· intere t SR3810026 and MARGARITE •
. JACOBSEU lived on th sa e loor as 1 they shared-··the same
balcony with another apartment.
11. DISTRIBUTION:
REGION
14. APPROVED (Na;;.,e and Title) 15. DATE

DISTRICT
NYOO
OTHER, A/SAIC Altert Habib-
)EA Form 6 DEA SENSITIVE
May 1980) -
DRUG ENFORCEMENT ADMINISTRATION
This report h the property of the Drui Enforcement Aclministri.tlon.
~either it nor its content, may be disseminated outside the agency to whi<-h loan-,d.
Prt!vious edition may be used.
1. FILE NO. 2. G-DEP IDENTIFIER
REPORT OF INVESTIGATION Cl-78-0026 1 'DA-Cl

3. FILE TITLE
(Continuation)
4.
JACOBSEN, Howard
Page ? of
5. PROGRAM CODE 6. DATE PREPARED
Au2ust lB~ 1981

4. A few weeks before the muJ:>de:r- of John "JACK" TUPPER ·•in 1978, SR38ld026
was at MARGARITB's apartment when JACOBSL~ arJ:>ived and asked SR3810026
to C01Jle to JACOBSEN•s apartment. While there JACOBSEN told SR3810026
that he was having problems with "some guy 0 and wanted to get rid of him.
JACOBSEN asked SR3810026 if he had any "connections" to people who did .
that kind of thing •.. SR3810026 asked JACOBSEN about the person to be
killed and his l.ocation .. - COBSEN respon "Closel:' than you think," .
and ha laughed. SR3810 6 left and later tol MARGARITE about it in
that it was so biz~..-....-.a
-
s. A week or so la SR3810026 saw JACOBSEN ding over the rail of
his balcony, looking down fo long peri s of t Sometimes JACOBSEN's
son, David, would so be w· h.JACOBSEN o tha- cony. Alao, at this
tme, .two Ita1ian wr(ll.J;;~~~1ere lounging und building. SR3810026
had seen them before as JACOBSEN had them working s laborers on a project
in the backyard of the apartment house. One has . identified as
Salvatore PRAINITO and the other as Jo DOE No.
6.. About a week before the homicide SR38l0026 was at MARGARITE' s apart-
ment when JACOBSEU came over and as ed.if he u1d bo:rTOw the 11 stash"
apartment as he had a friend who w, t:ed to s y the:r:-e for a short time.
SR3 810 026 and 11ARGARIT£. agreed a er expres ing concern because l!larihuana
had been and was s:tored there. JACOBSE!l _assured them and told them not
to worry a;;; his friend would t touch a hing.
7. A few days later, SR38 red that he had left a glass jar
of high-quality marihuana n the apa ment. SR48l0026 and MARGARITE
went to the apartment a saw a woo en box about the size of a coffin
in the hallway. The ba was line in plastic and the lid was leaning
against the wall. 10026 re ieved the jar of marihuana and left.
8. On the day of • PER' s ho ci e sometime befor noon, l-f.ARGARITE
and Steven KAUFMAN e to S 38 026 1 s apartment d woke him up.
HARGARITE told SR38 0026 th
A. The night before· J CO SEN had asked MARG . ITE for two handguns
as he needed them for protection. MARGARITE knew KAUFI1AN' had weapons
and Y.iP-.RGARITE and KAUFYiAN drove to KAUFMAN' s place in Woodstock, New
York, picked up two handguns of KP-.UflWl' s, drove back and gave them to
JACOBSEN •
. B. The next morning, JACOBSEN came into· MARGARITE' s apartment,

woke up HARGARITE, and told him that no matter what, he shoud re:r..ain in
CEA form 6a DEA SENSITIVE

(May 1980)
DRUG ENFORCEMENT ADMINISTRATION
This report is the property of the Dru& Enforcement Adminisnatlon.
Neither it nor its contents may be disseminat~d outside the A&ency to which loaned.
Previous edition may be uwd.
2
______________
l. .;1.
(
REPORT OF INVESTIGATION
1. FILE NO.
Cl-78-0026
3. FILE TITLE
1DAl-Cl
2. G-DEP IDENTIFIER
(Continuation)
4. JACOBSEN, Howard ·
Page ~ of 11
August 18, 1961
his sleeping area.. A little later, l-f..ARGARITE heard someone come into
his apartment, go out on the balcony and then come back into the apart-
ment and open the front door of the apartment. At this time, MARGARITE·
heard a l.ot of gun.fire and yelling.
C. MARGARITE came down to the ha1lway and saw TUPPER dead and
. blood was splattered eve __..,.._,.....,...-.-.cu-·-. d the hallway carpet
_ c , e -_
covered with plastic and apers, and cans of p • nt and brushes

close by for repaintino;. MARGARITE helped JACO EN and the two Italian
workers clean up the
D. JACOBSEN ha nt house and had
returned the handguns to MAR TE. l·1A.~G gone down, gotten
Y~UFMAN and the both of them had come to~38l0026 s apartment.
9. SR38l.0026 saw that KAUFMA.t'l and l·L~RG E had smantled ;the waapons
and each was carrying the parts on their _ ersons. SR3810026 thought
that one was an automatic and one was a revolver. MARGARITE and Y~UFMA.s."'i
told SR3810026 that they were going t throw the guns in the reservoir
in Central. Park. They told SR38l002 to watch ut the window and they
left. A while later, they returne and waite at SR38l0026 1 s apartment
all day. Later that afternoon, t y saw the olice come to JACOBSEN's
apartment house. 1-t.i\RGARITE call d GAIL, a esident of JACOBSE~l' s apart-
m~nt house who -went- to both KAU 11-t\N and 1-f· GARITE's apartr:ient, obtained
clothes for ·Ulen., aY).d brought Lhem to SR 810026 's apartr:tent. Sor:-.etirr.c:
after :MARGARITE and KAUFlfAU eft to :hi · out. They never returned to
their apartments.
10. As reported under file n er Cl-78-0026, Howard JACOBSEN has
been convicted of TUPP
viction is currently
REQUESTED ACTIO?{: I appe ed.
1. The Newark RO is request-, d o provide the New ork District .Attorneyvs

--------
murder in New York State Court. This con-
O£"fice with a copy o this ~p rt. ;nquiry pf SR3810026t;:o.

be warranted> it is :c·equest~d · _ ·t: coordinated with
S/A James Nielsen, Newark DO.
_ IHDEXING SECTIOM:
1. JACOBSEN, Howard aka "BUDDY", HADDIS§460977.
2. TUPPER, John J. ak.a "JACK 1' , lfADDIS# 659 092.
DEA Farm 6a DEA SENSITIVE

(:./lay 1;,80)
DRUG ENFC:=ICEMENT ADMINISTRATION
This re:,o:-t is the prop~:t)· of the o~.ig Enforcement Ac!rninis:ration.
);eitho:r it no: its c:>nten!:. re.iy be dlsser.ii.:dtac vl<t.iide the A gene>· to which !cane~.
2.
----- - - - - - - - - - , ( 1. FILE NO. ( 2. G·DEP IDENTIFIER
REPORT OF INVESTIGATION Cl-78-0026 1 nA1-c1

3. FILE TITLE
(Continuation)
4.
JACOBSEN, Howard
Page of
4
August 18, 1981
3. MARGARITE, Joseph, NADDISl2~0~88.

4. KAUFMAN, Steven, aka "DEDA", NADDIS negative, white :male, born 19lf.7,
6 1 J.t' tal.l., slender, well buil.t,. blonde/red hair, full trimmed beard,
resided in apartment in New York City.
5. PRAINITO, Sal.vatore,
6. John DOE Uo. 1, w male, Italian descent, 25 years_of age,

short (about 5'6" to· slender, dark straight
7. GAIL NFI.
8• MELANIE NFI.
•I.·_.,-
I
OF.A Form
6a DEA SENSi"ttVE
i~.l!ay i 930)
DRUG ENFORCEMENT;Ab:vllNISTRATION •
This repor! is tha prope;:ty of th~ Dr\!i Er.!'orcec,ent Admlnls,ratlon.
!-either it nor its con!en~;. may b'! disseminat~d c,1..t~id~ tile A£enr.y to which h1a."1C'd.
2
C
·"'
, r-,....,.-_!---,!-!~!·l!l>P!!~&fti.~,!1'!',f'f:!!~*!-1! .~f"-~--!:·~~9"~.t
. ·:._;.:• ,·:·_
DOes:.t~tt\<t~i#~~cobso11 . . . . ·., . ··
...
THE CAST O_F CHARACTERS.IN THE. CASE

.
•·;;;t11M.Jl"a~,~~l:BlV!IMbtfit1nrr;nrn,,.,,,,;·:,-
h'Cloiig behihd::bars? .
':.\.'~-dump ~here. by Its o~ · eourt hearlnpf
·· .' admlssl(tn; ftres are usu-
~ SOME ODD FACTS >!· ally allowed to burn them-
'¥ ABOUT THE TIMING . : selvea out """'." even· In dry
· weathert -::;_ ·-' -· . .:. ' .
Bal11aton, Pralnlto lent Jo .... o-

son ht., Cadlllac on Aug. 6,
1978, and ft led to charge:,
that h6 h6lped In the murder.
It woa claimed h6 rented o
van wed to tranaport the
bod11 to the dump. He waa
This la the Bronx dump wherp the, burning crate which contained the bod11 of John Tupper toila found. .. /ou_nd not gumv.
. I • . ••
vicious, squaljd ··• .. and. unbeJievable

d a wrist watch. dence the prosecuUon off. dence. Lady, Jacobson's modeling · · law Just three weeks be- Defense Investigators
!he Identifies the medal- ~red during_ the trial, the By Aug. 8 there was agency, of Its books and re•. fore his death. later found blood and a bul·
n as Tupper's, but does Informer was presumably · nothing left to examine. . cords. They JNere carted off 'lte stayed only the week- >Jet hole In the ar.artment.
t recognize the watch. the only one with any di-- Every trace of Tupper'■ life the premises In. canlboard· ' end. When he returned to But the pol ce did not
rhe questions, which all reel evidence to connect Ja- there had been removed. cartons; · :. New York, Instead of going visit It until more than a
Int to the existence of an cobson with the kWlng. The moving aqusd, ac- Only about a third of the· home, the couple r.ut up In year after the murder. On
prmer, continue: · Certainly, the other cordln&' to court testimony, apartment house residents a Manhattan hote . lbls occasion they made a
• WHY DID the cops . prosecution witnesses had Included: four FBI men - ., were lhtenslvely qufued by · video tape
m 43d go to Jacobson's only the most clrcumstan- one of theni Tupper'■- police In the· three _days · Perhaps because of their This, by extraordinary
ne that night when he tlal evidence to offer - brother-In-law; one New after the murder•. _ . · apparently remarkably re- oolncldence, omitted only
s already In custody and and that goes for Melanie York policeman, and three , laxed approach to the ln- one thing - the closet
,y had no evidence to In• Caln, the chief prosecution . __. men aubseqtiently found • , U they had Interviewed vestlgatlon, the · police where the. bullet hole was
ate a murder had taken witness. . ·. · _ . gullty on narcoUcs char- the doorman next door failed to discover that two found .
.ce there? Indeed,· many of the ges. · · ! they would have discovered suspected narcotics deal- Nor did the police learn
I HOW DID police . so prosecution witnesses MIBS Caln herself testl- th11,t he had seen Jacobson era, who had been living at that the man wlio lived
lckly connect the body of either offered testimony/ fled to removing a minis- . leave his home with a tool 11111 E. 84th St., disappeared below the Jacobson apart-
unknown black with that did not connlct with ture tape recorder, an un- .: bag at leut 10 minutes be•• .. on or about th_e day of.Tup- ·ment heard no·nolse com•
,t of John Tupper? the defense or actively aer- determined nuryber of ml- , fore he, the doonnap, . ~r's death.. · Ing fr"above him on the
I WHY DID Miss Caln ved to bolster It. · crolapea Tupper had made · heard shota being fired. . · Police never Interviewed morning of the murder.
I MIiier wait so long to . There are even more puz- of various conversations They would also havt two residents who heard They also, It seems,
<>rt him missing? - zllng aspects of the police's . and his address books. · discovered that Tupper ap _sc~ffllng and shots In the failed to discover that the
I WHY DID the In• Investigation during the The tapes were handed peared to have been a very apartment of one of the other reputed drug dealer
1tlgators concentrate on opening days of the hi• to her lawyer who later'· frightened man during his suspected narcotics deal- was claimed to be violent.
:obson to the exclusion qulry. . .· . · passed them on to the last few wl!eka.. . ·. ers, who lived down the -He was suspected of a dou•
many other potential No thorough search of police. Tupper/a address · He new to Puerto Rlc:1> hall from Tupper and Ja- ble murder on the high
1pects In the case? Tupper'■ apartment was books was handed to a rel- · • with Melanie Caln to see cobson on the seventh seas and said to be armed
lut If there was an In• made during the first two alive and It Is not known his FBI agent brothe In dd
mer, why was he or she days of the Investigation. · what became of them.
produced In court? Nor was It sealed to pre- Miss Caln also stripped
NEXT: The mystery of the three bulletholes
---- ---
:.:.::.:.:..:.: ~ --- .. - __ -----·----
In th\! basis of the evl- vent the removal of · eirl- , •' the · offtces · of · My Fair
_..,. ·-
... ~ ----~ ----
..... ... ---
- --·- ---- - . -- - -- .. -- . . -
The bullet ·hole;S~t
.the: c9}ls i~~nga:;
THE PROSECUTION ~as still desperately .searching for evfderice·:: 11;~- . f ". 1
more than 18 months after a Bronx Grand Jury Indicted Uoward · · ··

"Buddy" Jacobson for the murdl!r of John Tupper. . '
In one belated swoop, they ripped panelllng from the walls of Jacob• ,
son's seventh floor penthouse In a frantic hunt for bullet holes whJch. .
. had not been fourid In the searches made soon after the murder. ·· ·, '.' ·
• But The Post found three bullet Impact marks that ·the police ap-· 1}!
parently overlook~d - even though they are clearly vililble.. o~ their ·
own scene-of-crime photographs. · · ·, .. · , 1 · ·, . · · •• . ,. . ~ ,. ·,., Poat.photof.,.Art,~anla
• The Impact ll)arks.suyport defense arguitJe.nts_that,Tupi14!r dled•';,, 1 ✓- ,-, : :"~ of reporter Hawtfn, atandlng fn doonoa11 of Margarite apart•
on a seventh floor stalrwel at 155 E. 84t,I. St. · .. ·, .·· . ., ·:·· 1· , ": I\ . · -' : · _ment, potnta to bullet f'oles (arrows) fn:wall of a_talnoell.
• They are· In direct line of · : · - · ·
sight from the apartment of ~,
;;...ct-=ia iirug dealer .Joseph· Marga-
..-.:t.,, who ,:!!,u.;p,peared 011 tha day
:;,i th,a, murder. · , ~
.,j U Is the apartment,, which
Where did
was not searched by the police,
wh-t1-e the defense'contended that.
tha events leading t1p to the kU•
Tupper .die•?
ling started, · · MAP deplc(II layout· of 11evenlh
Witnesses who llve<l below . floor of 166 E. Bflh 81., where
Margarlte's apartnient lesllfled John 7'upper, Buddy Jacob11on,
that on the day of the murder Melanie Caln and J011eiih Mar-
they heard .the sound of several gorlte aU Hyed. 7'116 proaecutlon
people · Wf!!Btllng directly above aald that Jacob11on had killed
them, end a series of bang_s.;': .I 7'uppc,r · fn · Jacobson 'a apart-
Defense ballistics _expert Shel-, _. . ment. T1le defen11e contended
ley Braverman, who wrote on bal•· . that 7'upper had been killed In
llstlcs fqr thi, Encyclopaedia Brit• ' Morgarlte'a, apartment. But
annlca, fowid a bullet hole In the Poat reporter llawtln found
Margarite.·.' apartment, .' · which three bullet hole11 - never In-
matcbed a slug discovered In .a. ·. veatlgated blf police - In Ille
neighboring apartment. · . wall of the .seventh floor .stair•
A large quantity. of human well, dlrectlv down · Ille hall
'blood was fowid by defense Jn. from· Margarlte'a • · apartment.
vestlgatora under a serving shelf Map ahowa how• a gunman
near the kitchen or the Margarite might have fired from door-
--~ .., a - ~ ~ e
lived below .Jacobson's apartlnenl
~ft'ome of tht: ~larp_arlte flat.
""'8trn11ntwdt6r~•'from
7'upper apartment door u,ould
- which la down the hall fr<im have prevented Melanie Caln
· Margarite'& - testified he heard aoatclllng Jacob.son In !he
j'rorn
nothing that m ~ . main hall, without atepptng oul
TJte Impact marks - one about MAIIG.WII. HAMMpND jACOISON ,nto the hall her•'!'V. ·
6'6" above the noor and two be- •j;_, I
tween 12" · and 18H above It ..:..,;
were Identified by ballistics ape• , . .· 1 •
ctallst Lawrence Gorman. · fired from the Margarite apart• case found In a trash can In .Ja• .. taken thret: pieces of very lncriml• • Investigators claimed the glas•
Gorman; an expert with a high·· ment, said Gorman. · , . cobson'a kitchen the day after the · natlng evldenee from a stairwell aes belonged to .Jacobson and In
International reputation, was i,n. He added that It waa possible murder. · · . . . and dwnped them In his own • evidence, said •the prescript'ton
gaged by The Post to help In the that they were fired by somebody · The bullets and shell case - ad• .,• 1 ~ash can 1 . ·, ' . tallied with the one flled with his
lnr,estlgatlon. after stepping Into the hallwaf. vanced as i,vldence of .Jacobson's : : There Is other evidence to back optometrist. , .
'They are bullet Impact marks. fl'9m the Jacobson apartmen , guilt - were found on t_op of a • · Jacobson's claims that he Wll8 Only when .Jacob Evseroff, .Ja-
But I cannot say when they were but not from within the apart• W'!t paper towel, Indicating that · framed. . cobson's lawyer, asked to exam•
fired. The bullets are no' longer · ment Itself. it waa unlikely they were there at • For Instance; a pair of ~half• lne the prescriptions . did It
there as the concrete la too hard Apart from 'raising doubts the time Jacobson was ~ted. · moon" reading' glasses - alleged_ emerge that they were made to a
for them to have penetrated deep- .' about where the ldllln.lf took · Would •a man who had other•' • by the proeecutlon to be blood• . prescription of plµs 111Q - far dlf•
ly," he said. . _ · place, the Impact marks may ex• wlae scrupulously cleaned ug all stained -were found by police tn · ferent from Jacobson's plus 17:i
The bullets were.moat probably. · plain the three bullets and ~ &!tell other traces of thtt crime . ~ve • .Jacobson's apartment. prescrlp~on. ·
WhyThe Melanie's testimony ft1ll of holes, to-9~·,

?ost· claimed llbe 1 saw him
cleaning, ·
Tupper'& apartm-,n,t Is I
C;&nlilledl :hn. construct~ I.JIii G'!Aef.n .,_ i "'"'='
-4'\h!n!\ it!be ~":Y t':rmilt'lll E~S~":"c~ i,
Ma it'i<M)r - r~,~ IW'l',t"n '-1 17";8 r~
®~pe:rts. ;... le oml:; ti~irltlllgM ir,l!i,e/i'.al. '
n~ 111 lmpoMull>c'le Ca, "'-"'G
anything wAth tbe door
i'HE FINDINGS of The ' or;,en two to thrff lnchei,.
Poat':, Investigation Miss Caln could only have
were so disturbing that seen what ahe described
lhey were submitted to If llhe bud been In · full
>utslde experts of Im• \llto.w. of her former lover.
>eccable Integrity be- But Judge Wllllam Ka-
tore the decision to pub-· pelman, who tried Jacob-
Jsh was made. · · son In Bronx Supreme
Court, refused the de-
They Include a former· • fense'• request to take
'ederal prosecutor, a the wiusual step of allow-
op computer expert, a Ing the J111'3't to visit lM E,
llstlngulshed Journalist
vhose wide experience
84
M'.!t.
Caln ni~st ;
have known the comblna-
i'IAll
ncludes the New York •tlon to Jacobson's door
"Imes and Lffe maga- · lock. On the evening of
lne; and a retlred top Aug, 6, she let the polke
letectlve. Into hlH apartment. And
she repeated the trick nu•
. merous times during the
TOMORROW opening day& of the ln-
\le&tlgatlon. ·
'l'ho was John Tupper_?
....... ,. . ~·
..... ,.·, ••• 1 .,_,. . .
i
:;.. lll'l, l-.llN°
0 ,I :.:i.~~1~. ,,.J.~'t"~"iJ ~~:i'.H, •i ht ».J ., ft:1!U t1 ,· . '.~ .. ~,;.. ( ....,.• "' ,i ...i< .. , ; , ' 1\'-1',. , , I~,;.,, 'A'o,I~ -;,,,
EDS12-0
"
~)
~~
·;;
NEW YORK POsr; WEDNESDAY, OctOBER '29, i980 *35
·•fJ;l11•Je)lfiSi•J;f1•,~l1;gc•i iiif1iiifi·Jiii¥·ulihi@ ®iMfittE9J:ts4ii~•

Tupper was key inan in
•
$2.00M narCotics ring
he August 1978 murder of restaurateur John Tupper and conspirator. But, on the judge's
he swlrt arrest of Howard (Buddy) Jacobson, a nationally• Instructions, his name was never
nown horse trainer, made headllnes around the world. At . mentioned during the trial for
is sensational trial earlier this year, Jacobson was con- fear of prejudicing the l wo juries.
icted and given a 211-year sentence. The prosecution Even so, his name cropped up
regularly during "side bars"
harged that Jacobson had killed Tupper out of Jealousy for when Judge and counsel argued
orgeous covcrgfrl Melanie Caln - Jacobson's mlstre&B of points of law out of the Jury's
ve years who later moved In with Tupper. The defense hearing. · .
laimed that Tupper was Involved In drug traffic, and was Tupper's name Is liberally scat-
lain by accomplices because he may have been an lnformer1 · · tered through debriefings of
DEA agents and Informers, as
OHN TUPPER was not Just your average neighborhood dope well as Grand Jury testimony.
eddler. The Post's Investigation shows the deals he was lflvolved · Key witnesses were G<'orge
n ran Into millions of dollars. · · Miller, who went with Melanie
But attempts by Jacobson's defense team to prove tt were Caln to report Tuppcr's dlsap-
loclced by a wall of official silence and stonewalling. . pearance, and Rudolph Dehcsa,
Jacobson - who. the prosecution agreed, has never had any In• ·another Tupper associate. Both
mlvemcnt with drugs - claimed that Tupper was killed by his were ring members and DEA in-
Rrcotics associates because they thought he was an Informant. formants.
But the defense was never able fully to establish bis Involve• Dehesa's testimony lo the
nent In the narcotics trade, let alone establish an alternative mo- Grand Jury lnvestlgallng the
Ive for his murder. drug rlnf placed Tupper In the
But The Post has discovered: · The "apartment where Ji.ohn Tup,ner "nset• and Melanie Caln ilved, rnlddle O a deal Involving 22•000
• Drug Enforcement Administration computer records were aJ. r '' ~ pounds of marijuana worth $5.06
ered only days after his murder to make It difficult to link him · as Ct looks now. Though Mel<inle denied knowing an11thlng about million.. · ·· ·
vlth the drugs ring, according to a top <:omputer expert retained . 2'lpper'11 fnvol11ement with dTtl{ls, she had met with thre.e of h'- aa, He named Tupper as one or the
y The Post. , .· · ·' ·. · ·aoclates In the da1111 before his murder. · . . · meli who attended the meeting to .
• The fede1·al authorities set up the deal and s11id Tupprr
rustrated attempts to call poten- supervised runners who shlPP<'d
lally vital defense witnesses by the grass from Fort Lauderdale,
ldlng them away or not dlsclos• Florida to New York.
1g their whereabouts. major figure In a ~ million co- · The narcotics ring was· a: very good they were able lo snatch a . DEA agents reports also show
• All mention of Tupper was calne, hashtsh and marijuana BOphlstlcated operation. ·· ' ' $360,000 consignment of hashish .. Tupper running the "front" com-
1ppressed during a major trial drug smuggling ring. , Many of Its members, like Tup- from under the very noses of panles used by the ring to collect
r his drug smuggling associates Even his much-altered DEA In- per, were college graduates. They DEA agents staking It out. shipments In which drugs were
~~:';~:~"'1~~:r::~t on -~::r:"~; •~~';:~~'tiili~-:i~~f:,,~~~~ullfJHU/..~1:e.flf-11;;rfi~t:{~~ ~~~:,~°A4f~~'.';.ient,•• .,.
1
upper's narcotics ring was In• BE INVOLVED · IN elude DEA agents who first got
LARGE them -even after rating the John Cipriano links Tupper lo pent P.
ructed to change his story to SCALE HASHISH/THAI STICK Wind of their operations In 1971. ring with two paid Informants. Emerson Components and Aslro
,elude Tupper's name from his SMUGGLING ORGANIZATION The ring had access to comput- One of the many remarkable Electronics - "front" companies
stlmony between the Grand THROUGH .JFK INTERNA• ers at Kennedy Airport which en- coincidences In the Jacobson case used by the ring.
1ry and the drugs trial. · TIONAL AIRPORT AT NEW abled them to. change airline' Is that as his trial was being The murdered man was heavily
Melanie Caln denied In testl- YORK, NY. • • cargo manifests to spirit away heard In The Bronx, many al- Involved In the ring's top secret
ony all knowledge of Tupper MSUBJIECTI REPORTEDLY consignments containing drugs leged conspirators In Tupper's computer connecllon. Evldcnci:
,Ing Involved with drugs - al· 18 HEAb Ot GROUP THAT without the aulhorllJes knowing. . drug rlhg were being tried on suggests he was the main con-
ough she visited three of his
,rcotlcs trade associates In the
ur days prior to his death.
t":t~lJ:8
· • 80
~11::Ri~TY
•
Their llllclt cargoes were lmpor- · narcotics charges In 13rooklyn
led by phony companies, set ur. Donald Brown and Alan Sey-
by the ring, disguised as legit • fert, at this trial, both co-oper•
· tact.
Informant George MIiier· drew
on Tupper's expertise In a
But The Po11t has pieced to- He was heavily Involved with mate goods. Company names ated with the DEA and gave tes- debriefing with DEA Special
ther John Topper's role as a two confessed drug traffickers - were changed often. tlmony against 14 lesser accused Agent Curtis Filmore two months
rcotlcs dealer, larll'ely from the New York businessman Alan Sey- They had access to the Cus- · _members of the ring - lnclildlng after Tupper died. '
S. Drull' Enforcement Agency's fert and California disco owner toms Service computer and even . James Leonard, whom Tupper Neither Miller or Dehesa could
1n documents. Donald Brown -- both his close the DEA's own computer. . • . visited the night before his death. be obtained to testify at the Ja-
'Ne have established he was a friends since childhood. Their lntelllgen~e Wft!I. so Tupper. was an unlndlcted co- cobso,n trial.
Weds altered ring's C.o:rµputer records

E: MASSIVE alterations In the :'\,#~!;'• .. , '
',A lntelllgence computer prln•
ts on John Tupper and other
• rnembe.s are one of the
for mys!erles of both trials.
, ertect of the changes was lo
er Tupper's connections with
Seyfert-Brown drug ring.
op computer consultant Eu-
e McMahon, director of tech•
,I services for The Technical
,ices Group Inc., analyzed the Q ;:~~0~~~!092 NIIE T'."'PER,. JOHii J ·A(MAIIKS· :1un 01/09,.J OCc·II StX·/1 :lT•N(
touts for The Post.
rnong olhers;he examined the f)Jll '-LI AM• Ul-60 118TH ST. iewo,.r.ocNS. OUtf·HS. ur.·su8J"lll:PONTEOLY·1s·t1t;A0
,ts on Tupper, Oehesa, and ac• 0 OP GROUP TH•T !>MUO:.LES coc.•1NE INTO us FPO/\ SOUTH '"~Ric• CC.l.•/l•Ollll.
d ring members James Leon•
WIiiiam Sharrocks and Peter Extract~ (aboue left) are from U.S. ·D;ug Enforcement Administration computer printout on criminal acth,ltfo., of John,
In. 1'upper and othcr11 lnvolvt•d In drug-amuggllng operation. Both arc dated "81578" - Aug. 15, 1978. Top f•xtract ld1·ntlfi1·., ;_:,)';..
'he Tupper, Leonard and Tupper a.Y "alleged cocaine customer of Ronald Keenan ... Involved In amuggllng kilogram quantltlc11 of cocaln,, from
·rocks text descriptions and South America." Lou•er extract dcactibcs Tupper a11 "reportedly ... head of group that amuggle11 cocaine Into U.S. from
rds of criminal associates
, altered within 48 minutes of. South America." But McMahon dlacovcrcd that 11omc prlntout.s u•ere altered to ohacurc Tuppt;r'.s connection u•lth tht• """·· ...
another during an update on 77-0088. , gether through Iii iiross refer• · Comparing DEA debriefing do• bottle In 1974 - long befo~e t~t:
H, 1978 - eight days after
>er's death," says McM11hon.
''In this file the dates have been ence Index."·· .; < cumenls, McMahon also found per's record was supposedly ge-
changed lo Indicate It was McMahon reached his conclu·- that a number of file references nerated," said McMahon.
he purpose was to remove started In 1978. But Splaln's text slon after painstakingly translat- that . should have appeared on "This ls a clear Indication that
1pparant connection between - which was not updated after Ing the computer's numerlc code. Topper's Naddls sheet were miss•. his full record started at an ear-
! men. Oehesa's was altered the murder - shows the file He carefully built up a picture Ing. · lier date."
he same reason on Aug. 21, d~~es from Sept. 15, 1977. . · of Tupper's drug connections by . Not only that, the dale of orlgl- McMahon found other things
- the day all four printouts The flies show clear signs of ilnalyzlng file numbers Tupper nal entry logged op .the Tupper puzzling about Topper's printout.
made. deletions and the changes were and members of the ring shared sheet was Feb. 2, 1977. Yet the "The sheet doesn't even record
llhough all four flies show deliberate," he went on. In common. sheet contains a file number -'- that he Is dead - even though It
were updated, there Is no
of material .belng--added ~
J.l.1~
. ",'_II~~ ~:1,.ta W\lS material , ~spJtr,amll!!l le,,h!dfh H\elii,;~
ffiirt'. t "'-=fit~~er l!shll sllquld th ~ere o~ fJnr~flj\ ~-~he
CJ,!14-00:18 .... ·, , ..: ,, · ., ; .•;, ,,_,, L ;,
l<W'h111 11!1"'1 hltn as enlmolnat ... r,
~~s prlllted ou_l tl)f~e !Neek'! after
'f\la,rrutrdea, .. 1:he.Dln,'\ pegple ohvi-
,t in text referring lo flll!'-G'J• ilt'ltJM llc!aU¥ lfuin! 1 di'awri · l,F' file lte· e,l,/ ed.' ' ' . ' • . ' ''1 soclate of a man murdered with a ously didn't rend The Post:• • .
j'
.......,
I)
_ IS Bl,IDDY JACOBSON_ INNO.T? Part 4 ~fa Post investi.ion by GUY HAWTIN · .
t,. •
Who squeale-~?'Jl/;:'
looked like Tupper{
11rller thls·year Howard (Buddy) Jacobson was convicted In the 197!1 mur•
' ·.•.
r of restaurateur John Tupper. The prosecution In the sensational trial
A
arged that Jacobson had kllled Tupper out of Jealousy over gorgeous
ver,:-lrl Melanie Caln - Jacobson's mistress of five years who later moved .
with Tupper. But the defense claimed tltat Tupper was a drug dealer, and
was slain hy accomplices who thought he was an Informer.]
HN TOPPER'S $200 million drug ring was hurting badly during the 12 months be·
re his death, The Post's Investigation has discovered. • ,
Four major hashish and marijuana shipments, worth well over $11 million whole- Post photo by Arty Pufnttant•
e, and perhaps 10 times 8!1 much on the streets, were seized by U.S. Customs and . 1
n, 6 Enfo;·.:,~ment Admlnlst::stlon agents between Al!gJst 1977 and At:gus~ 1978. · .--' NlcolQ'a rest1Jurant on E. 84th St. !QIJS used regul1Jrly by
::.:;:A -i:oc"ieiin.;; dccumei.t" ;:n,:;w that Tupper and his partnars susp,..'-:lt.!J: tl-1.e.-e '1SS · · John Tupper and friends A,lln Seyfert 1Jnd Donald Brown.
aai:c. ,,1" Jaly l3, Just over three · · - · ···· - - - · - --- ··· -- --- - -
eks i:..,iore bis death, he admit•
mer.
this to his friend George
, . '
nut what he didn't know was
at Miller -. who went with Pi':SCftU"TlCIN OP Wowt:G 0!9 Kl'.lD AND PACl:1 AUTOPSY evidence presented before kllling him. But the
verglrl Melanie Caln to report t'll•n an ■ 1ilt1rl• lac•raUoa• UMI •tab -.oda &alDlr our \ha l•tt aid• o:t lb. tac:•• at the Jacobson trial also lndl- wounds are hardly compatible
pper missing - was one of the t.b• i.n aUa ot Usa b ..,dl MIii ~ an 11Ho oa 1.ba r!&bt aid• oloa• so lb• atUlD•- . cated th11 murdered man . was with this theory.
ks. 'lban .... ~ • •&ai• WOUDII• oyer t.ba l•ft a.f.•• ot tha taoa, on• lD lh• let.n.l oomor , suspected of Informing. They tally much more with a
MIiier, now 47, had been a or UM len •¥•• tha7 au . .aauni, l/Z"' JD P'9•'-•' t.,1gLb~ th• •JO.n 'l•r,1 ,lt7
,(ljl
~ tb• u'4 &11•1·..,. ,IIUpart.f.oiaJ:. The autopsy report describes,. picture of somebody lnterroKat-
ockbroker with the Wall St. Ill stab wounds on the left side lng the dead l!IBD under tori ure.
m Delafield and Delafield. He Ovar t.ba tor-ah•' \hen la • leaanl.f.oa or tba • ~ tihloh la hon untal aa4 ~uru.roa
t• ln ,.... ahat ~ . Onir Ula latt allla ot tba b••4 ill tha lafl t~oral a.re• aboo: of the dead m1m'11 face - as What's more, T11p1>er's
Itched to the more lucrative t.b• Ltt& •ar -.r-a 1,b,,,-ea (J) i.nwcvl&r boanUoaa ot th• akiD, 011a 1• Jl.Nctq al>on though somebody had tortured wounds were confined lo left
1slness of drug peddling In 1974 Ua• i.n Hr.' Dla7 --•aww •1 'lo l l/Z" t.a cn•h•I lan,gth, ohowa ,i 1/4" p11l"4 of tht1 him by continually Jabbing to- side of his face, Indicating that
a had year tor Wall St. wOl&Dda 911114 bav• iaa.. ..,.sa.. Onr tb• laf'I; ■ He of the lt••4 oa U.e i.n parietal
&D4 Jen occlpUa.l, ~S.C ol'■r a S" audaH area, an atl.Upb ...S..S-S lauralione ward his left eye wttr. a knife. they were Inflicted by a rlght-
But on Aug. 13, 1977, MIiier aed 11.,.\> wow4a. t:hq all . . . ...,... 1/P 1a ~ ~ • • \ l.uia;tb. • :Khan arv •luahre or · Prosecutors argued that this handL-d assailant.
rned DEA Informer. He had aaroU..1■'1' tl.t''h-.O (i,) -a 90Ulld•• · • . . ,,. showed Jacobson, In a Jealous Buddy Jacobmm 111 left7hand-
en arrested taking delivery of frenzy, had tortured his· rival ed. ' .
o kilos of cocaine worth over
)000. . .
\nd on Aug. 31, 1977, the ring's •.
~\;~::i!'6~/:~1 !.1;::e~r;'.:1;:::~1!"._;:; J:~~:t!~• u~~!!:~."~:d

st major loss In the string of used regularly by Tupper, Alan about the ring's actlyltles. He had :'\
:asters took pJace. Seyfert and Donald Brown - all even spilled out the secret of their '~ru:u1 ;!c 0 t;,-
1.S. Customs' trained dogs or whom were very close frtends. success - theJr' access to the U.S. !1111 h!aod ot tr.o:~1"1. railer bed t:,,1:I• rr,,rJ:'S ac,;udcti:::aco !:'!!'l'<IUl J♦.:JU be!oro in.
ffcd out a cargo of 2226 Seyfert and Brown were con- Customs' computer. . ' ' :.:1'1,ttM 11ft th:. llil'j'U CHIC •'"· And !':ad UC.I hfQ s;,or.a.Ucdlr 11hce tl,t11\ ht :lin•cr );ncv
~Pd.s..O~ J:d.Q.,™111.¥ Thal stU:H:.aa,eddrug traffickers WhQ te~tl- The Jacobson defense team t';.:\t rir.;~;t I.U 3 frier,d ot z~o:~•~- Alh'l StTrtft.i" •:d oth.:u In t ►• t•·tn.l Ot'f.:IQ(Urlo:1.
rljuana - wonli aooiit: .$~- edaglilftst'"?Nl!l!lfSl!U"'tneffl~tlilmMP(b~~.... M:!- • ~ • - ·.., _....._ ·
lion wholesale - at Kennedy of the Tupper ring, at a trial held former. And ·a study· of the Dt!lA~ &~fJ) .. J1um .._,,,.g EftJol'dl!!ffliMt. · .numfftllfff'otloirrl!-
port cargo terminal. In Brooklyn simultaneously with documents shows that the DEA .. _port on George Miller, prepared by special agent Curtis
l was disguised as a consign- Jacobson's.Tupperwasnamedas had an ell'cellent opportunity. to Fillmore. This_ paragraph indicates that Miller had
rit of electronic components an unlndlcted co-conspirator In persuade him to tell all. • ; seen Tupper "sporadically" before the DEA instructed
0
7,
~P;~,~~n~:!~ ;..;;'!'.ft"~~n~; t". d1 1~rl~idn't know Tupper The seizure of the m6 pounds Miller tb get friendly with him - an unlikely assertion
~Ing. well until late spring 1978 he had
upper's messenger, trying to made amazingly · fast progress
0
{ T~al ~ticks
i~I
Y
~t"
tug. tt~t 1
e"\~nthraEi::erson Com
~1~ as Tµpper already had divulged secrets to Miller.
• · ·
ue release of the consign• with the pathqloglcally•secretlve nen't':'!•tr~nt" :ompany _ ami'
,t,_ was spotted by the DEA man by the time of his death on poth t II led directly to Tupper. grounds for suspecting him of In• gleaned from somebody with ac-
,edlance team and led them to Aug. 6 that year. I e ra forming. · cess to their deepest secrets. This
!oral Park, Queens, telephone • Tupper· had given him an . But even' If Tupper eluded the It was clear to the ring that the m~de Tupper a leading candidate
werlng service the murdered enormous amount of Information DEA's net, the ring had ample DEA was using Information for being the squealer.
1 used to handle Emerson's
,.
Victim's links.to fl:'violent world
·om lhrn on losses followed at
,Jar Intervals. Some stuff wns
Ing through, but the detec• ,
rate had Increased alarm•
v. THERE IS evidence that the hon found the two had close lies
lier claims, In a debriefing Tupper ring members h.ad access with Tupper. He found; for In•
Special Agent Curtis Fill• to arms, ammunition and high stance, the pair shared a com•
, after Tupper's death, that explosives. And at the Brooklyn • mon cross-reference. number
DEA asked him In the late drug trial, which ran at the same · with Emerson Components, Tup-
1g of 1978 to get close to John time as JR"'1hson's, the prosecu• per's front company.
,er. lion wllhhrld the names of many
e debriefing Is dated Oct. 2, What's more, McMahon's anal•·
- little more than a month of Its witnesses for fear of vlo• ysls of the printouts shows that
lence.. . Margarlte"s record was updated
\ half after the printout In• One of the ring members told on Aug. U, 1971$ - the Friday
ence sheets were altered by Special Agent Fillmore of being after the murder.
personnel, according to Eu• .
McMahon, the computer ex- asked by two members of the Margarite and Anderson spe- uger pis al
·etalned by The Post. ring to store a silenced machine clallzed In smuggling multi-Ion , TON IIASIIISlt. SMUGGL. ER
gun, a_ Luger pistol and two Wal•, quanUlles of marijuana· and
l the document - coded tiler pistols on his fnrm. The ma- hashish to Europe and the U.S. HELENA, VSL ... SUBJ(ECTJ
the some flle number, CJ-77• chine gun was probably an In• by aircraft or ship. AU,EGEDLY Kll,LED 2
as contained In many of the gram - one of the world's most They were almost certainly Im- · TURKS ABOARD VSI, IIEL-
,ii sheets - was not signed deadly small arms. portant suppliers to Tupper's ENA EJI{ ROUTE FROM
iKeclal Agent Fillmore until A ring member also asked him narcotics ring-. . · · SP[AIN) FROM. ~(EBANOJN .
15, 1979. to store blasting caps of the type Margarite knew the dead nian \ WITH LOA[/ OF HASHISH. ..
s a curious document: an ex- used with C-4 plastic explosive, 11 T bl f hi 9 fl t "SUBJ[ECTJ- MAJOR
Ive review of Miller's whole he said. , • we . upper su e 84th rs
st HASHISH ' · TRAFFICKER &
dealing past, as well as his One of the hvo suspected drug 1:01::;t;:;;;.~t at 1ll5 E. , SUSPECT : IN DOUBLE MUR· .
r as an Informant - lnfor• dealers who disappeared from One of the adventures Marga• DER ON HIGH SEAS... SUB- '
,n that the DEA should al• 155 E. 84th. St. on the day that rite and Anderson were Involved ·. J [ESCT_,,J AR~., ED & DANGER·,
have had In deep detail. Tupper died alllo had a violent · In was smuggling 3620 kilos ·ot 0 ftJ 1
It distances MIiier from reputation. · hashish from Lebanon to North• Police seem only to have made
,r and Tupper from the ring, The DEA com11uter lntelll• ern Europe and the U.S. aboard a very half-hearted attempt to
the alle.-ed printout sheets. gence records on the pair · - a ship called Helena In late 1977, find Margarite and ~!lderson. A
Instance, MIiier says that Joseph Anthony Margarite and say the printouts. · wonted poster ·was: Issued tor . NY. City Pc1llce "Wanted'/
d only known Tupper as a Breck Dana· Anderson -,do not Anderson's rl!fOrd states bal• .: Margarite tour months after the poster for Joseph Margarito;
die acquaintance until the appear to 'link them with the dly: . , . murder de9'!rlblng him as a ma• Issued four months after the
asked him to get close to murdered man. 1 "SUBJ[ECTJ CHIEF . OF,. terlal witness. No posters have murder of Tupper. It Identif-
Dul there are strong But copiputer expert McMa• FICER OF ALLEDGED MULTI·· been, found for Anderson. ies film aa a material witness.
ds for doubting this.
:e reports that Ip 1977 he
1eetfng 11eople at Nicola's, a
1r&111 a.:rossi_the street from ~
;,~ buildlnu on li:',.S4th St..J.
- TOMORROW: ,Nhat the evidunce all ocfd,; up to •.
w
, ..... n. /
..· ~ ... ~. :Jepartment ~- ,1stice
-~,.
\:,... t ••
·-·. ·...... .... ·

. t •'
·_
\
United States Auorney
/ District of New Jersey· '
PRS:ld 970 Broad Street, Room 502 201/645-2155

Newark, .Yew Jersey 07102 FTS/341-2155
November 17, 1983

Judge, United States District Court
U.S. Post Office & Courthouse
Re: United States v. Tracy Wong, et al.
Criminal No. 83-199
----------------~-~
Dear Judge Stern:
In connection the the Government's pending motion to
exclude evidence of the tangential involvement of two potential
Government witnesses (P.G.w.il and P.G.W.#2) in the Buddy
Jacobson homicide case, please be advised of the following: On
the morning of Tupper's murder, P.G.W.il was sleeping. in:t.he
bedroom on the top floor of his two floor (loft) apartment.
The outside door to P.G.W.il's apartment had a combination
lock. Jacobson, the landlord of the building, knew the
combination to the lock to P.G.W.il's apartment. Jacobson
opened the door to the apartment and told PgG.W.il to stay
upstairs and not to come downstairs under any circumstances.
P.G.W.#1 then heard some voices and noises0 Moments
afterwards, P.G.W.il heard several shots, some yelling, and
Tupper screaming that he had been shot. PoGoW.#1 ran
downstairs. Just outside the doorway to his apartment,
PcGoWoil saw blood splattered "everywhere"o He• saw no body.
Jacob~on, Jacobson's son, and unknown assis~ants washed away
the blood, and repl,?,c@d pgJC~i.on~ of /';il. bloody rug and tiles
h~ving gunshot holes in t:hemo )? oG.,\l'J il r.~nd.er~o; SOITT,~
c>
Q@Sistance in such cleaning @ffortso

P.G.W.il, P.G.W.#2, and a third person later disposed
of one of the guns used in the murder. P-GoWgil recognized the
gun as having been one he helped Jacobson obtain shortly before.
(
- 2 -
P.G.W.il and P.G.W.i2 never returned to their

apartments. They were afraid that law enforcement authorities
investigating the murder would discover, as they did, that both
were large-scale narcotics traffickers.
Law enforcement authorities found bullets and shells

in P.G.W.#l's apartment. Ballistics experts have concluded
that the murder occurred inside P.G.W.#l's apartment and that
Tupper's body was taken outside immediately afterwards.
At the trial of Jacobson, Jacobson attempted to argue

that P.G.W.#1 committed the murder. He was prohibited from
making that argument, however, because of th.~ absence of
evidence in support thereof.
The Government submits that the ci?cumstances

surrounding Tupper's murder, aside from P.G~~.tl and P.G.W.#2
having provided and disposed of the guns, have no relevance to
the instant case. Although the murder occurred in P.G.W.il's
apartment, that fact alone has no bearing o~ the credibility of
P.G.W.il. Since there can be no good faith basis for
contending that.P.G.W.il and P.G.W.i2 had any 'involvement apart
from providing and disposing of the guns, all other evidences
should be excluded pursuant to Fed.R.Evid. 401 and 403.
W. HUNT DUb'..ONT
U.nt,_d s~a,l~es Attor .
I
' ""'-J~!\, ~,-C::~..)(.-""

By: PHILIP Ru SELLINGER
Assistant U~So Attorney
cci DaviQ A. Breitbart, Esq.

if
u..
LLSO;l ILi
36
l true. Other witnesses will come into court and tell you
2 they're true. Margarite, Ferneborg, som~ other cooprrac1ng
3 witnesses, will testify under plea agr~emcnts with ~h~
4 United States where they have agreed -- where the Un1t~ci
5 States has agreed to permit them to plead guilty to r2duc~
6 the charges, limiting the exposure to time that they sp~nd
7 in jail, in exchang~ for their promise to com~ into court
8 and tell you the truth about their drug dealing activ1t1~s,
9 not only with the defendant but all th~ir drug d~~ling
10 activities.
11 Now, I tell you right now ~hat Gusta F~rncborg,
12 Joseph Margarite, some of the other cooperating w1tngsEos,
13 they arc not choir boys, they are not priests, th~y not
14 pillart of the community. They are career cr1rnin~Js.
15 Exactly what you'a expect thes~ drug dealers. to bP.
16 Margarite and Ferneborg even once hel~d a man nam~d Buddy
17 Jacobson get guns and get rid of guns, which Jocobson usrd
18 in a murder for which he, Jacobson, was convictnd. Ano
19 Margari~e even discussed killing Ferneborg after Lhc :woof
20 them had split up.
21 But, ladies and gentlemen, these ar{: tht' mc~n
22 that the defendant chose to deal drugs with, to trav~l w1~~,
23 · to associate with, to invite to his apartment, and :o ~har~
24 some of the most intimate details of his life with. As you

•
25 will hear in this case, the defendant told Joseph Margar1:~
STANLEY B. RIZMAN, CSR, OFFICIAL COURT Rr.POR'T'F:f•:, f.JEP/\HK, tJ • .1.

CJ
DETECTIVE DIVISIO'.
CIHCllLi\H No. 4
Dl~CEMBim, 1978
POLICE DEPARTMENT PLEASI~ POST IN A
CONSPICUOUS PLACE
CITY OF NEW YORK
...
. ,
DESCRIPTION
JOSEPH ANTHONY MARGARITE - MALE - WHI'l'E - 29 UOB: 5-2'1-4H, lfiO lbs. - 6'
MATERIAL WJ'l'NJ<:ss AnrmsT WARHANT Hl\.S m:im ISSUED FOll'.!'!rn Sllll,JF,CT BY'l'lll~ BHONX
SUPREI\IE COURT UNDER INOICTMii:NT NUM8ER 1875/78. SUHJgcT iS KNOWN TO Flm(iU!-;NT
TIIE EAST SIDE OF MANHA'l"l'AN AND THE GREENWICH VILLAGJ<; AREA. ANY lNFOHMATlON
m;LEVANT TO Tm; ABOVE suumcT, CONTACr DETECTIVE w. SULLIVAN AT TIIE IIHONX
DISTRICT ATTORNlfi'S OFI~ICE, 590-2346, OR THE 8TH. IIOMICJl>I~ 7.0NI•; AT 822-!ili02. 8TII
HOMICmE zoNg CASE #65/78 AND THE 61 NUMBER IS 6114 01~ Tm; ,ff,T[l. PlmCINCT.
TIIE ABOVE SUBJECT HAS NO KNOWN ARREST RECORD IN NEW YORK STATE.
HOBERT J. lllcGUJH.E, Police Commissioner

I certify that on March 26, 1988, I mailed, by regular

first class mail, a copy of defendant's notice of motion for
a continuance and supporting certification to Joseph
Greenaway, Assistant United states Attorney, United states
Attorney's Office, 970 Broad Street, Newark, New Jersey
07102.
March 26, 1988

--------------------x
UNITED STATES OF AMERICA, RECEIVED
®
- against - NOTICE OF MOTION TO 1'.Y,R 2 5 1988
QUASH SUBPOENA
WILLIAM T. WALSH
STEVEN KAUFMAN CASE NO. 83-199 CLERK
--------------------x
PLEASE TAKE NOTICE that on the annexed affidavit and brief of law,
the undersigned will move before The Honorable Garrett Brown at the United
States Court House, 402 East State Street, Trenton, New Jersey, at 9:00 a.m.
on the 29th day of March 1988, or as soon thereafter as counsel may be had
for an order quashing a subpoena served upon the Office of the District
Attorney of Bronx County by Alan L. Zegas, Esq.
FILED
Mt~R 2 5 1988
Q~-~~
PETER D. CODDINGT~- I
,\t 8:30 ._,... _____________ M Assistant District Attorney

WILLIAM T. WALSH Chief, Appeals Bureau
CLERK Bronx County
215 E. 161st Street
(212) 590-2092
To: The Honorable William T. Walsh
Clerk, United States District Court
Joseph A. Greenaway, Esq.
Alan L. Zegas, Esq.

Attorney for Steven Kaufman
West Orange, New Jersey 070!1?.
-2-
(

--------------------x
MOTION TO QUASH SUBPOENA
- against - FED RULE CRIM. PRO 17c
STEVEN KAUFMAN CASE NO. 83-199
--------------------x
STATE OF NEW. YORK )
)ss.:
COUNTY OF BRONX )
PETER D. CODDINGTON, being duly sworn deposes and says.
1. I am an Assistant District Attorney and Chief of the Appeals
Bureau in the Office of PAUL T. GENTILE, District Attorney of Bronx
County, Bronx, New York.
2. I am an attorney duly admitted to practice before the Supreme
Court of the United States, the United States Court of Appeals for the
Second Circuit, the United States District Court for the Southern, Eastern
and Northern Districts of New York, and the Courts of the State of New
York. I am a member of the bar in good standing in each of those Courts.
3. I am not admitted to practice before the United States District
Court for the District of New Jersey, and I respectfully request that this
Court admit me pro haec vice for the purpose of moving to quash a subpoena
dated March 22, 1988, and served upon my Office on behalf of Alan L. Zegas,
Esq., attorney of Steven Kaufman.
4. The subpoena at issue commands the District Attorney of Bronx
County to personally appear and testify in the above-captioned case and to
bring with him:
All papers, internal memoranda, police reports, DEA

reports, FBI reports, investigative reports, statements,
recordings, and all other documents, of any kind
whatever, that relate, directly or indirectly, to Joseph
Margarite, Gosta Ferneborg and Steven Kaufman,
(
including but not limited to documents prepared or

obtained during the investigation of these individuals
in connection with State of New York v. Howard
("Buddy") Jacobson.
(See Exhibit I - a copy of the subpoena).
5. That manifestly the subpoena on its face fails to comply with the
requirements of Rule 17 of the Federal Rules of Criminal Procedure in that it
is premature, overbroad, and is being used as a discovery device.
6. That the case of The Peoele·of·t9e·state of New York v. Howard
Buddy Jacobson concerned a murder committed in Manhattan on August 6,
1978, in which the body was disposed of in The Bronx. The defendant was
sentenced on June 3, 1980; his motion to vacate judgment was denied on ~vlay
28, 1981 People v. Jacobson, 109 Misc.2d 204, 440 N.Y.S.2d 458 (Sup. Ct. Bx.
-
Co. 1981); his conviction was affirmed on direct appeal on July 1, 1982,
People v. Jacobson, 81 A.D.2d 826, 452 N.Y.S.2d 473 (1st Dept. 1982}; leave
to appeal to the new York State Court of Appeals was denied on September
22, 1982, People v. Jacobson, 57 N.)'.'.2d 781,454 N.Y.S.2d 1057, 440 N.E.2d
1348 (1982) (Meyer, J.); his petition for a writ of habeas corpus pursuant to 28
USC§ 2254 was denied on July 25, 1984, Jacobson v. Henderson, 591 F. Supp.
503 (S.D.N.Y. 1984) (Canella, J.}; and the United States Court of Appeals for
the Second Circuit affirmed that order on June 13, 1985, Jacobson v.
Henderson, 765 F.2d 12 (2d Cir. 1985).
7. That counsel for Steven Kaufman has made no showing how a
nine-and-one-half year old homicide committed in another state can have ariy
relevance whatsoever to the case before this Court; he has made no showing
that the present District Attorney (who did not hold that office when the
Jacobson case was tried), and who has no intimate knowledge of the case or
the file, can testify to anything which would comprise relevant evidence in
- 2-
the case before this Court; he has not demonstrated how the voluminous,
vaguely described quantity of documents he seeks (if not confidential or

privileged under New York State Law), can possibly have any relevance to the
case before this Court; or why he feels justified in attempting to force
employees of a busy District Attorney's Office to comb through literally
boxes and boxes of documents "of any kind whatever" and some 10,000 pages
of transcript (some of which is stored in archiyes removed. from our office.) on
seven days notice in the apparent hope that something "indirectly" related to
the case before this Court might turn up.
WHEREFORE, upon the basis of the foregoing facts and for the reasons
stated in the annexed brief, your deponent respectfully prays that this Court
quash the instant subpoena in all respects.

Dated: Bronx, New York
March 23, 1988
PETER D. CODDINGTON
Assistant District Attorney
Chief, Appeals Bureau
Sworn to before me this

23rd day of March, 1988
NOTARY PUBLIC
-3-
UNITED STATF.S DISTRICT COURT
------------------- X
- against-
STEVEN KAUFMAN
--------------------x
BRIBF
IN SUPPORT OF MOTION TO QUASH SUBPOENA
PETER D. CODDINGTON
Office of the District Attorney
Bronx County
(212) 590-2092
TABLE OF AUTHORITIES
PAGE
CASES
Matter of The People of the State of New York v. Judge,

88 A.D.2d 789, 451 N.Y.S.2d 537,
N. Y.S.2d (4th Dept. 1982) . • . • . • . . . . . . . . . . . . . . . . . . . . . . • . . . . . 3
May v. United States, 175 F.2d 994, 1010 84

U.S. App. D.C. 233 (D.C. Cir. 1949),
cert. den., 338 U.S. 830, 94 L.Ed.2d 505,
70 S.Ct. 58 (1949) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . • . . . 4
United States v. Cuthbertson, 630 F .2d 139, 146

(3d Cir. 1980), cert. den., 449 U.S. 1126,
67 L.Ed.2d 113, 100 S. Ct. 673 (1981) . . . . . . . . . . . . . . . . . . . . . . . . 1
United States v. Fields, 663 F.2d 880 (9th Cir. 1981) . . . . . . . . . . . . . . . . 3
United States v. Nixon, 418 U.S. 683, 698-700,

41 L.Ed.2d 1039, 1059, 94 S. Ct. 3090, 3103 [1974])............ 1
United States v. Wencke, 604 F .2d 607 (9th Cir. 1979) . . . . . . . . . . . . . . . 1
STATUTES
Federal Rule of Criminal Procedure 17 1
New York Penal Law§ 215.70 (McKinney 1975) 3

Rule 17 c of Criminal Procedure provides that the court may quash a
subpoena if compliance would be unreasonable or oppressive. On its face this
subpoena is manifestly both unreasonable and oppressive and should be
quashed forthwith.
Since a Rule 17 subpoena is not and was never intended to be a
discovery device ( ~ United States v. Nixon, 418 U.S. 683, 698-700, 41

L.Ed.2d 1039, 1059, 94 S~ Ct. 3090, 3103 [1974])~ counsel's attempt, on one
week's notice, to use it to force a busy state prosecutor's office to comb its
voluminous files relating to a nine-year-old case (which comprise boxes and
boxes of documents, transcripts, and physical exhibits) in search for materials
"of any kind whatever" that relate "indirectly" to a Federal prosecution of
which we have no present knowledge other than that it involves narcotics is

clearly unreasonable. See United States v. Cuthbertson, 630 F .2d 139, 146
(3d Cir. 1980), cert. den., 449 U.S. 1126, 67 L.Ed.2d 113, 100 S. Ct. 673
(1981).
Second, the subpoena here is plainly overbroad and should be quashed on
that basis as well. In United States v. Wencke, 604 F.2d 607 (9th Cir. 1979),
the court ruled that subpoena which sought "all files, records,
correspondence, writings, interoffice communications, interagency
communications, and reports relating to the investigation of Walter C.
Wencke ••. " was properly quashed as overbroad. United States v. Wencke,
supra, at p. 612. The instant subpoena is even broaner than the one
considered in Wencke which at least did not seek "all other documents, of any
kind whatever, that relate, directly or indirectly . . ." to named individuals.
A fortiori, this subpoena should be quashed as overbroad.
Third, counsel for Kaufman has made no showing that he seeks relevant
evidentiary material. If he believes that an as-yet-unidentified document is

impeachment material, then his subpoena is premature and should be quashed.
United States v. Fields, 663 F.2d 880 (9th Cir. 1981).
Fourth, the public policy and the law of the State of New York holds
that matters before a Grand Jury are secret (See e.g. Matter of The People
of the State of New York v. Judge, 88 A.D.2d 789, 451 N.Y.S.2d 537,
N. Y.S.2d (4th Dept. 1982), and cases cited therein. Thus, to the extent that
this overbroad and ill-defined subpoena seeks matter that was presented to
the Grand Jury which investigated the Jacobson case, public policy would
preclude the District Attorney's compliance absent a court order. See New
York Penal Law § 215.70 (McKinney 1975). Although our Office has no
knowledge that the matter counsel seeks was in fact presented to a Grand
Jury, a subpoena which seeks all documents of any kind whatever that are
indirectly related to individuals who may have been questioned in connection

with the Jacobson case is so broad that the possibility that some of this
material may have been before the Grand Jury may not be ignored at this
juncture.
Finally, this Court should know the practical difficulties presented by
counsel's subpoena. The matters he seeks are part of an investigation that
took place almost ten years ago. Mario Merola, the District Attorney who
conducted the investigation, is dead. The Assistant District Attorneys who
questioned the witnesses during the investigation have left our Office. The
assistant who tried the Jacobson case did not call Joseph Margarite, Gosta
Ferneborg or Steven Kaufman as witnesses, and on March 29, 1988, expects
to be engaged in the trial of another homicide in Bronx County Supreme
Court. Mr. Gentile, the present District Attorney, who is subpoenaed to
come and testify, was the Chief Assistant at the time of the Jacobson
investigation but was not intimately involved in it, did not speal< to any of the
-3-
named individuals, and has no intimate knowledge of the voluminous file
(some of which, by the way, is no longer stored at our Office). Thus, the
purported attempt to force him to. come to Trenton to give testimony
amounts to the type of harassment of a public official which this Court
should not sanction, absent a detailed showing by counsel of what he expects
Mr. Gentile's testimony to be. ~ May v. United States, 175 F.2d 994, 1010
84 U.S. A'pp. D.C. 233 (D.C. Cir. 1949), cert. den., 338 U.S. 830, 94 L.Ed.2d
505, 70 S.Ct. 58 (t949). ,.-..
Thus, for all these reasons, counsel's subpoena should be quashed in its
entirety.
?~"b.~
PETER D- CODDINGTON
Chief, Appeals Bureau
Bronx County
-4-
<hibit 1
(
AO 89 (Rev. 5/85) Subpoena
- - - - . - - - - - - - - - - - - - - - DISTRICT O F - - - - - - - - - - - - - - - - -

V. SUBPOENA
CASE NUMBER: 83-199
STEVEN KAUFMAN
TYPE OF CASE SUBPOENA FOR
Oc1v1L [ ] CRIMINAL [R) PERSON [ ] DOCUMENT{S) or OBJECT(S)

TO: Paul Gentile
Bronx District Attorney
YOU ARE HEREBY COMMANDED to appear in the United States District Court at th: pl::ce, date, and tim::
specified below to testify in the above case.
PLACE COURTROOM

402 East State Street Hon. Gar=ett Brown
Trenton, New Jersey 08605 DA TE AND TIME
1 I-larch 29, 1988, 9:GC .:... M.

· YOU ARE ALSO COMMANDED to bring with you the following document(sl or object(sl: +
All papers, internal memoranda, ?Olice reports, DEA repc=ts, FBI
~eports, investigative reports, statements, recordings, and all ot~er
d6cuments, of.any kind what~ver, that relate, directl~ c= indirect:~,
t6 Joseph Margarite, Gosta Fernejorg and Steven Kaufman, including
but not limited to documents pre?ared or obtained dur~n~ the inves-
tigation of these individuals in conriection with State c~ New York
v. Howard ("Buddy") Jacobson.
This subpoena shall remain in effect until you are granted leave to depart by the court o~ by 2n officer acting o:.
behalf of the court.
DATE
(BY) DEPUTY CLERK M2=ch 22, 198S

. \ t
QUESTIONS MAY BE ADDRESSED TO:
Thi plication of the: Alan L. Zegas, Esq.

0 Plaintiff 0 Defendant 0 U.S. Attorney West Orange, New Jersey 07052
(201) 736-1011
ATTORNEY'S NAME, ADDRESS AND PHONE 1':UMS!:R
• ff not applicable, enter "none".

FUG
u, . C ~)
0 ,1c··
v' .- .. -.,_,. ,_,JLJHT UNITED STATES DISTRICT COURT
UNITED STATES OF AMERICA Hon. Garrett E. Brown, Jr.

v. Criminal No. 83-199(2)
OLAYINKA SDNAY FISCHER DISMISSAL ORDER
Pursuant to Rule 48(a) of the Federal Rules of Criminal

Procedure and by leave of court endorsed hereon, Michael
Chertoff, the United States Attorney for the District of New
Jersey hereby dismisses the Indictment, Criminal No. 83-199(2),
against defendant OLAYINKA SDNAY FISCHER, which Indictment was
filed on July 1, 1983, for the reason that further prosecution at
this time is not in the best interests of the United States.
This dismissal is without
Leave of Court is granted for the

dismissal.
Ar 8:30
-----M
W!I.UAM T. WAI.SH
CLERK
P:Cf.l'!EV
FUG (/J~J: .,. ':-~tL CLfRK
U, c;:i
DIS.! i,, ,_; 1 :v OUR 1 UNITED STATES DISTRICT COURT
JEFFREY DEVORS DISMISSAL ORDER

against defendant JEFFREY DEVORS, which Indictment was filed on
July 1, 1983, for the reason that further prosecution at this
time is not in the best interests of the United States.
This dismissal is without prej /J
Leave of Court is granted for the filing oft e foregoing

dismissal.
GARRETTE. BROWN, JR.

ted States District Judge
FUG
1·_.
j : ; ~:.
0I C'· .
...) i !

GLENN ZIMMERMAN DISMISSAL ORDER
against defendant GLENN ZIMMERMAN, which Indictment was filed on
July 1, 1983, for the reason that further prosecution at this
time is not in the best interests of the United States.
This dismissal is without pre·
/
th! E
/fJni ted
Leave of Court is granted for the filing of the f

dismissal.
ited States
:;-:-~A )": 1;
h:-~~ ~l ··.-:iJ
AT 8:30 _ _ ----;--M
WlLLlA.\\ T. W f\lS:·l
CLERK
3496F-2/JAG:mcf
._, ,·\
:~ ' :., \ ' ....

',
UNITED STATES DISTRIC'T COURT

UNITED STATES OF AMERICA Honorable Garrett E. Brown, Jr.
STEVEN KAUFMAN 0 R D E R
This matter having been opened by the Court and Samuel A.
Alito, Jr., United States Attorney for the District of New Jersey
(Joseph A. Greenaway, Jr., Assistant United States Attorney,
appearing) for an Order denying defendant Steven Kaufman's Rule 35
Motion and Alan Zegas, attorney for defendant Steven Kaufman,
appearing, and the Court having reviewed all submissions, and for
good and sufficient cause having been shown,
IT IS on this 7/£-day of December, 1988,
ORDERED that defendant's Rule 35 Motion is denied.
FILED
DEC O71988
At8:30..................M
WILLIAM T. WALSH
CLERK
United States District Court for
I
United States of America vs.

L ___________ ,__________ 1 1....:the_Dis:t· ~.t of New Jersey_ ____ &?-'
DEFENDANT
L - - - - TRACY WONG . _________ 1 ~
DOCKET NO. 1 criminal 83-199
the defendant appeared in person on this date ---------------Bllr=- January 26, 1984
COUNSEL L__.l WITHOUT COUNSEL However the court advised defendant of right to counsel and asked whether defendant desired to have
LlG WITH COUNSEL __ David
1
Breitbart, Esq. _____________________ _J
(Name of Counsel)
~~ GUILTY, and the court being satisfied that L___J NOLO CONTENDERE, L__.1 NOT GUILTY
L__..1 NOT GUILTY. Defendant is discharged

{
L--1GUILTY.
Defendant has been convicted as charged of the offense(s) of conspiring i:o distribute and possess
FINDING &
a controlled substance, on Count 1.
JUDGMENT FI LED
JAN 3 0 1984
4.:M '
l\t 8:30.......................- ........
The court asked whether defendant had anything to say why judgment should not be pronounced. BeA\et~Y~ s~iJJIJ;:;ause to the contrary
hereby committed to the custody of the Attorney General or his authorized representative for imprisonment for a period of Fi f tel?ll ( 15)
SENTENCE years, on Count 1, to be followed by a Special Parole term of Five (5)
OR years.
PROBATION
ORDER
SPECIAL
CONDITIONS
IT IS FURTHER ORDERED Count 2 thru 7 of the indictment are hereby dismiss1
OF
PROBATION
ADDITIONAL In addition to the special conditions of probation imposed above, it is hereby ordered that the general conditions of probation set out on the
·rhe court orders commitment to the custody of the Attorney General and recommends, It is ordered that the Clerk deliver
RECOMMEN• and commitment to the U.S. Mar-
OATION shal or other qualified officer.
► 1/27/84
United States of l(merica·vs. -, · umted ~tates Uistrict U,u.rj7fpv'r
1..the D~-i ~rict o_f New Jers.tl._ _____ 1
DEFENDANT
L---------~-----------1
L__________
DOUGLAS GRANT----------1 DocKETNo. liiiJl;P; Criminal 83-199
the defendant appeared in person on this date ----------------,lllla-
Januar 17, 1984
COUNSEL L _ J WITHOUT COUNSEL However the court advised defendant of right to counsel and asked whether defendant desired to have
LlL.J WITH COUNSEL ,_ _ Norman Reimer, Esq. - - - - - - - - _____________ _J
(Name of Counsel}
~~ GUILTY, and the court being satisfied that l__J NOLO CONTENDERE, I__J NOT GUILTY
L__l NOT GUILTY. Defendant is discharged

{
L__J GUILTY.
Defendant has been convicted as charged of the offense(s) of conspiring to distribute and possess
FINDING &
controlled substances, on Count 1.
JUDGMENT
hereby committed to the custody of the Attorney General or his authorized representative for imprisonment for a period of Fi Ve ( 5)
SENTENCE years, on Count 1. Tne execution of sentence is hereby suspended and
OR the defendant is placed on probation for a period of Five (5) years,
PROBATION from this date.
ORDER
SPECIAL
CONDITIONS
OF IT IS FURTHER ORDERED as a Special Condition of probation that the
PROBATION defendant remain gainfully employed.
FI LED
ADDITIONAL In addition to the special conditions of probation imposed above, it is hereby ordered that theJ){\1Nal1~i1~~f probation set out on the
CONDITIONS reverse side of this judgment be imposed. The Court may change the conditions of probation, reduce or exten<Yill'e period of probation, and
OF at any time ~uring the. probation per.iod or .within a ma~imum .probation period of five ye~rs permitted by law, ,JllaY issue a warrant and
PROBATION revoke probation for a v1olat1on occurring during the probation period. At 8.30................................. -:/-fVI
ALLYN Z. LITE "'
The court orders commitment to the custody of the Attorney General and recommends, It is ordered that the Clerk deliver
RECOMMEN• and commitment to the U.S. Mar-
SIGNED BY
- ~ U.S. District Judge
___J U S. Magistrate
► HERB
Date
1/18/84
04600
PJD:rmn

DISTRICT OF NEW JERSEY _,__. F. ~-I L E D-
. . .
UNITED STATES OF AMERICA OCT 291985,

v. At B;ao.............9-::.'25.?."..1:M
~lLYN .;a.s .L:ITIJ' ·,-
TRACY WONG Cr i rn in al No. 83-199
ORDER CONFIRMING PRIVATE SALE

ENTERED
on
THE DOCKET
on //-/ 1911
ALLYN Z. )Jf,E;, CLERK
By ///
(Deputy Clerk) This matter having been opened to the Court by Thomas W.
Greelish, United States Attorney for the District of New Jersey
(Paul J. Dillon, Assistant U.S. Attorney, appearing) for an
Order confirming the sale of the property described in the
deeds attached to this Court's Order of May 30, 1984, such sale
having been authorized by this Court's Order of October 29,
1984; and it appearing that such sale will be in the best
interests of all concerned; and for good and sufficient cause.

~ ~./1,~:.~
IT IS -z:f-- ~ - f day of October 1985;
ORDERED that pursuant to 28 u.s.c. § 2001, the United
States Marshal for the District of New Jersey or his authorized
designee is authorized and confirmed in selling the property in
accordance with the terms of Contracts of Sale dated as of
August 16, 1985, copies of which have been submitted to the
Court; and it is further

- 2 -
ORDERED that from the proceeds of the sale the United
States Marshal shall pay all costs and expenses associated with
the closing of title as is customary or required by said
Contracts, and do all other thinqs necessary to complete said
sale.
t J. Stern
strict Judge
No. ___________ _
U.S. Attorney, Newark, New Jersey
Form No. USA-'8-ADI0

(&I. t.!1-H)
,,, .• ,-,.1e.1~-,o•-11n
(
PJD: rmn
0458U

v.
TRACY WONG Criminal No.
AFFIDAVI
J,LLYN z. LITE. CLERK

------·-···
PAUL J. DILLON, being duly sworn, deposes and says:
1. I am an Assistant 0.S. Attorney for the District
of New Jersey, and have responsibility for the sale of property
in connection with this matter. As such, I submit this
Affidavit in support of an Order confirming the sale of such
property.
2. By Order herein dated October 29, 1984, this Court
authorized the United States Marshal to sell two adjacent
pieces of real property located in Southampton, Long Island.
Copies of Contracts of Sale for said properties are annexed
hereto as Exhibit A.
3. The prices to be paid for such properties are
greater than two-thirds their appraised values.

- 2 -
4. Notices that an Order Confirming the Sale of the
two properties would be submitted to the Court were published
in the Newark Star-Ledger and New York Times. The United
States Marshal's Office has received no offers more than 10%
greater than the amounts stated in said Contracts of Sale.
Proof of publication is annexed hereto as Exhibit B.
&/~ALL,
PAULJ:fi!LLON
Sworn to before me
this :)Jt:;#J day of October, 1985
Exhibit A
(
- - -- - ' - StandarS'N: Y.B:'r:t.r.Forin 8041 •-cil Rev-:- 1 1 ,is
• CoritricfoT Sale -
WARNING• NO REPRESENTATION IS MADE TIIAT THIS FORM OF CONTRACT FOR THE SALE AND
I PURCHASE 'or REAL ESTATE COMPLIES WITH SECTION 5-702 OF THE GENERAL OBLIGATIONS LAW
("PLAIN ENGLISH").
CONSULT YOUR LAWYER BEFORE SIGNING rr.

NOTE· FIRE AND CASUALTY LOSSES:
0
Thia contract form does not provide for what happens in the event
of fire 0 r casualty lou before the title clo1ing. Unless different provision is made in t_his contract, Section 5-1311
of the General Obligation■ Law will apply. One part of that law makea a purchaser respons,ble for lire and casualty l011
upon taking of title to or poaaeMion of the premises.
,: CONTRACT OF SALE made u of tbelf.~ '19 8 5

ties:
BETWEEN
BY: UNITED STATES MARSHAL
DisEricE of New Jersey
Addreaa: Post Office & U.S. CourEnouse
Newark,·New Jersey 07102
hereinafter called "SELLER", who agree. to 1ell, and
LOUIS A. BONA and MARIE THERESA BONA
Addrea: 2511 35th Street

Astoria, New York II I•!>
hereinafter called "PURCHASER", who agree. to buy:
The property, including all buildingw and improvement■ thereon (the "PREMISES") (more fully de,cribed on a
separate page marked "Schedule A") and also known as:
Street Addreu. Little Noyack Path, Southamptbn, New York

Tax Map Designation:
Suffolk County Tax Map

0900 - 047.00 -01.00-027.001
SELLER'S OBLIGATIONS UNDER THIS CONTRACT- AND THE CLOSI~G CONTEMPLATED

HEREBY ARE CONTINGENT ON THE CLOSING OF A CONTRACT OF SALE BETI-lEEN THE UNITED
STATES AND JAMES R. McLAUCHLEN FOR PREMISES ADJACENT TO THE PREMISES HEREIN.
IF SAID CONTRACT OF SALE DOES NOT CLOSE SIMULTANEOUSLY HEREWITH, THE UNITED STATES
SHALL BE DEEMED "UNABLE TO TRANSFEa TITLE" HEREUNDER
Together with SELLER'S intere-st, if any, In 1treet1 and unp~ld award, 11 ■et forth in Paragraph 9.
The 1ile also includes all fixtures and articles of personai property attached to or used in connection with the
PREMISES, unless 1pecUically excluded below. SELLER states that they arc paid for and owned by SELLER free
and clear of any lien other than the EXISTING MORTGAGE(S). They include but are not limited to plumbing,
heating, lighting and cooking fixtures, bathroom and kitchen cabinet■, . . . . ., door mirrors, venetian blinds, shades,
screens, awnings, storm windows, window boxes, storm doora, mail boxes,-•--•• ~ . pumps, shrubbery,
fencing, QIII ii )', tool 1heda, di1hw11hers, washing machines, clothes dryers, fl b fl d' I I • 1 ·anges.
refrigerators, ~ ai 11 f't' •·•e
•'!nif I d · 111 ll11iu111, and wall to wall carpeting,, as is
including 1 Wood Burning Stove - 1 Dishwasher - 1 Washing Machine - 1 Dryer - 1 range
.la& yeffige53to5 -a ~ wooden shed - 1 fuel depot - carp~ting as it exists
r l 1 I U f f If c,
THIS CONTRACT IS CONTINGENT ON THE PURCHASERS BEING ABLE TO OBTAIN A FIRM
MORTGAGE COMMI™ENT IN THE AMOUNT OF NOT LESS THAN $100,000.00 FOR A PERIOD OF
25/30 YEARS AT THE PREVAILING RATE OF INTEREST WITHIN 30 DAYS OF THE COURT APPROVAL
OF THIS CONTRACT.
1a1e 1. a. The purchase price la TWO HUNDRED THOUSAND DOLLARS S 200,000.00

poyahlc II follow■:
/ certified
or bank. Said funds are
On the 1lgnlng of thl■ contract, by,,cneck 1ul)j,ttkJ)mll,:,i;kQffl:.
to be held in an s 20,000.00
Escrow fund of the United States Marshal's office·until closing.
By 1t~~,t9ri4~,i)IIJRQl!IXJ11c,,iJkmpailllX111~~fiQ~i)c s
jjx Jt l&KAAOl'f: J611~iwle}n(d:JdJQ.«pp::kl!IJtiPiliU2W:Amk »x~IIOX!lt ~ s
\'
BALANCE AT CLOSING: S 180,000.00
(
I
PJD:vb0173W
SCHEDULE A
All that certain plot, piece or parcel of land,

consisting of 2.547 acres of land, with the building and
improvements thereon erected, situate, lying and being in the
Town of Southampton, County of Suffolk, State of New York, more
particularly bounded and described as follows:
BEGINNING at a point on the westerly side of Little Noyack
Path, which point is situate South 23° 10' 40" East 22.37 feet
from the point formed by the westerly side of Little Noyack
Path and the southeasterly corner of premises now or formerly
of Louis Sapienza and Kathleen McNary:
(1) South 23° 10' 40" East 131.34 feet;

(2) Thence, South 0° 10' OS" East 303.57 feet;
(3) Thence, South 64° 19' 40" West 206.74 feet;
(4) Thence, North 86° 33' 36" West 30.00 feet;
(5) Thence, North 3° 26' 24" East 520.96 feet;
(6) Thence, South 86° 33' 36" East 132.68 feet, to the point
or place of beginning.
,,.1, l<i,<1 Ii ••Ill ·.,t auy EXl::,lll'it.; MUlllt.;,\t.;I•: r.wu 1houg.h the t,\1::,11,
HTGAGE ia exte The Purchase Money Note and Mortgage shall he drawn on
1tandard form o · . the attorney for SELLlsRn PWR6ll,\'91!iR allall p ■ ,
!"orlgage r~ord
c, ■ny requ1 ymen ·

reduce the unpaid principal am fiFri'
the balance of the price payable h 2
· made
d. If there ill a mortgage escrow account that ia maintained for the purpose of paying taxes or insurance, etc.,
SELLER ■hall &11ign it to PURCHASER, if it can be uaigned. In that 11Yent PURCHASER shall pay the amount in
the eac:row account to SELLER at CLOSING,
..,,,.,,,u:
i,tin1
X
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
SELLER hereby atatcs that no EXISTING MORTGAGE containa any proviaion that permita the holder of the
mortgagt lo require ita immediate payment in full or to change any other term thereof by reason of the fact of
CLOSING. .
3. All money payable ander thia contract, unlCllll otherwise ■pecilied, ■hall be either:
a. Cuh, but not onr one thousand (11,000.00) Dollar■,
b. Good certified check of PURCHASER, or official check of any bank, ■uing■ bank, trust company, or 1uings
and loan H.!ociation huing a banking office in the State of New York, payable to the order of SELLEH, or to the
order of PURCHASER and duly endorsed by PURCHASER (if an individual) lo the order of SELLER in the
preeeoce of SELLER or SELLER'S attorney. ' '
c. Money other than the purchue price. payable to SELLER at CLOSING, may be by check of PURCHASE!{
up to tbe amount of (I ) dollan, or
d. Aa otberwi■e agreed to in writing by SEU.ER or SELLER'S attorney.
1t1oullhooon1kxxi:xnXJblttlr~md:Xl!l!:xmn,om1111XJl'.Dlitxxtmt1DT.11~11Jmxx:K
~
,bject co• 4. The _PREMISES are lo be tranaferred ■ubject to:

,UWOn,:
a. Lawe and governmental regulations that affect the use and maintenance of the PREMISES, provided that
they are not violated by the building■ and improvementa erected on the PREMISES.
b, CoMenta for the erection of any ■tructures on, under or above any alreeta on which the PREMISES abut.
c. Encroachmenta of etoope, areu, cellar atepe, trim and cornices, if any, upon any street or highway.
THE PREMISES ARE TO BE DELIVERED AT CLOSING BY SELLER WITH THE PRESENT BOARDS
REMOVED FROM THE WINDOWS - DOORS AND GARAGES
S. SELLER shall give and PURCHASER shall accept such title as a licensed Title
Company in New York State and a member of the New York Board of Title Underwriters,
will be willing to approve and insure in accordance with their standard form of title
policy, subject only to the matters provided for in this contract.
6. "CLOSING" means the settlement of the obligations of SELLER and PURCHASER to each other under this
'"'10/D.,J:
1td and contract, including the payment of the purchase price to SELLER, and the delivery to PURCIIASER of a
QUIT CLAIM---------------------------------deed in proper otalutory form for recording
10 as lo transfer full ownenhip (lee eimple title) to the PREMISES, free of all encumbrances except u herein
ll'tated. Tho de d r:ill eansais n om onnnt ht• SFI I FR en rnqrrirsd hp Section 13 of the I ;,n I •
of Directors authorizing th~ sale and delivery of the deed, and (b · ary or Auistant
Secretary of the corporation certifvin · m~ orth facts ■hawing that the transfer is in
,, 7. CLOSING will take place al the office of U.S. Marshal, Newark-, New Jersey or lending
"'4 P'4ce: institution ~1! p1!1:b~Pfrna\Jel~o1ffl:r1fays after Court approval
at lQ{di o'clocl,/"Jlr~ ,.IIIQIQCii , 19 U.
r: 8. PURCHASER hereby olJJtes that PURCIIASElt has nol dealt 1"ilb a11~brokcl i11 r.01u1ec1i 11 11 ~ ~1nJ!tita'\l.•e~h'fi 1)/l,l'E! in
JAMES R. McCLAUGHLEN, JR. lprov1aed t e C ost~g co~cP P J
,n,l SELLER nur,.-. lo .J>llV lhe hrokcr .the commission earner! thereb ,,.eat .. -~~ ii I .I!~ · ·
/ .
·c-uaraa .,_ 1ms u1e mc1uaea au 01 .,.c..w....c..n ., oJ.. 11p ana rignu, IT any, 1.n any 11na 1ymg 1n <ne oeo 01 •• .. !lree1 or
,,nmtnt highway, opened or proposed, in front of or adjoining the PREM_ISES to the cent~r line therenf. It also includes
any right of SELLER to any unpaid award by reason of any takmg by condemnation and/or fnr any damage to
the PREMISES by reason of change of grade of any •treet or highway. SELLE~ will deliver al no additional c01I
lo PURCHASER, at CLOSING, or thereafter, on demand, any documents which PURCIUSER mav r•<Jnirr to
collect the award and damages.
,,,~a,rt'J 10. SELLER agreea to deliver to PURCHASER at CLOSING a certificate dated not more than thirty 130) day,
:ijcau before CLOSING aigned by the holder of each EXISTING MORTGAGE, in form for recording, certifying the
nttra.s amount of the unpaid principal and interest, date of maturity, and rate of interest. SELLER •hall pay the fees for
iiJlinl
-,,0,,(1):
recordin 11 1uch certificate. If the holder of a mortgage i• a bank or other institution as defined in Section 274-a,
Real Property Law, it may, in■ tead of the certificate, furnish an unqualified letter dated not more than thirty (30)
days before CLOSING containing the ume information. SELLER hereby states thAt Any EXISTINr. MORTGAGE
wiU Dot be in default at the time of CLOSING.
,plUIPICt
,Stat< requirements noted in or iS1ued by any governmental department having authorit , ings,
.tfunicipa/
-arrment fire, health and labor condition■ affecting the PREMIS . e ISES ,hall be transferred
1
01io,u free of them at CLOS · a survive CLOSING. SELLER shall furnish PURCHASER with
OrdtrJ: 1on1 necessary to make the searches that could d iscl011e these matten.
it i/ Ult ing the PREMISES, incurred pui:9uant to the Admini,trative Code of the Citr of
or,ryUNot New
,, Ci17 o/
, Yorlr:
allmtnl 12. If at the time of CLOSING the PREMISES are affected by an auesainent which ia or may become payable in
usmrnu: annual inatafiments, and the lint in•tallment is then a lien, or hu been paid, then for the pur~ of thi~ cnntract
all the unpaid insi.allmenu shall be con1idered due and are to be paid by SELLER at CLOSING.
,ortio11. 13. The following are to be apportioned u of midnight of the day before CLOSING:
,I.I!
(a) Rwtt r: c • It ullea1ud1 lb) Ive t rn iiMIE+Ol'ii U8A'10:\8[],5!. (cl e, u irline •c•rrfcr•hle
inerrrrntt poUair end mas :ab 5 st I p• • g J I 21 RSJ!IC ( d) Taxea, water charges anrl ,w.wer rent.I.
OD the ba1ia of the fiscal period for which aueued. (e) Fuel, if any. (f) Vault charges, if any.
If CLOSING shall occur before a new tax rate ia fixed. the apportionment of taxea shall be upon the ba1is of
the old tax rate for the preceding period applied to the latest aunsed valuation.
Any erron or omiuion■ in computing apportionmenta at CLOSING shall be conected•. Thia provision $hall
■U?Tin CLOSING.
14. If there be a wale!' meter on the PREMISES, SELLER 1hall fumi ■h a reading to a date nol more than thirty (30)
days before CLOSING dale and the unfixed meter charge and sewer rent, if any, ■ hall be apportioned nn the buis
of such lut reading.
,_,,.,. 15. SELLER bu the option to credit PURCHASER as an adj111tment of the purchase price with the amount of
Unpci,l any unpaid ta::rea, aueumenta, water chargea and sewer renu, together with any interest and penalties thereon tn a
,.,£1c.: date not lea■ than five(S) buaineu day.1 after CLOSING, provided that ofticial bills therefor computed to 11&id datr are
produetJd at CLOSING.
o/ 16. If there ii anything elae affecting the ule which SELLER ia obligated to pay and discharge at CLOSING,
,ltau SELLER may use any portion of the balance of the purchase_ J>rice to discharge iL As an alternative SELLER may
• to deposit money with the title in1urance company employed by PURCHASER and required by it to auure ita diach ■ rge;
,mb1W11ct1: but only if the title insurance company will insure PURCHASER'S title clear of the muller or in1ure against ill
enforcement out of the PREMISES. Upon request, made within a reuonable time before CLOSING, the PURCHASER
agreea to provide separate certified checlu u requeated to U1ist in clearing up these malten.
-«a l
same a or 1imilar to th 11 actory detailed affidavit at CLOSING ahowing
"""'""'
·rkptc~,
r an<l/or recording tu payable by reuon of the delivery or
19n Ill .... , ,.. •• ....... d .... 11 tr end rbe nernnNc upcncr of eernia:sinn of the Sith ts th
PREMISES and of any sU?Tey and au made liena on the PREMISES and
/to obtain appropr~ate Court approval or otherwise

7is unable
''ity
• to 20. If SELLER ia anable,Ao tranlfer title to PURCHASER in accordance with thia contract, SELLER'• 10le liability
■hall be to refund all money paid on account of thie contract, pl II II h !J •• h I Iii IP · • g II lide,
7
fr) FJ p I p · t dfr • al 1 1 h ~ r ia 11 rdnntt with e►·, ncmfsect end CiiP UPCYCY red sun l
'"'"' i 1pu· ul •;· Upon 1uch refund and payment thi1 contract shall be con■ idered cancelled, and neither SELLER
nor PURCHAS shall ha,,e any furthet- rigbta again1t the other.
21. PURCHASER hu inapected the buildingw on the PREMISES and the penonal property included in thi1 sale
·17: and i1 thoroughly acquainted with their condition. PURCHASER agrees to purchue tbem. "u is" and in their
pretent condition subject to reaaon ■ ble uae, wear, tear, and natural deterioration-between now and CLOSING.
PURCHASER 1hall have the right, after reuonable notice to SELLER, to inspect them before CLOSING.
22. An prior undentandinga and agreementa between SELLER and PURCHASER are merged in thi1 contncL
It completely exp~ their full •~ment. It h11 been entered into after full investigation, neither party relying
upon any 1lakrncnt1 made by anyone el ■e 1h11 i1 not ...i forth in thi1 contract.
23. Thi■ contract ma)' not be cha,, ,ncelled e:i:cept in writing. 11111 contract ahall alao apply to and bind
nttJ
·1,111 the diJtributees, hein, e:i:ecutora, adu, ra, aucceuora and auigna of the re.pectin parties. Each of the parties
ucr: hereby autliorize their attorney■ lo •~ .• writing to any changea in datea and lime perioda provided for in
this contract.
24. Any ■ingular word or term herein ■Jiall alao be read u in the plural whenever the aenae of thi■ contract may
require IL
UNITED STATES.OF AMERICA
BY: ' ~ - [ : '> ",

G. LISS
UNI D STATES MARSHAL
As Seller; and
LOUIS A. BONA /
··}?;~ c:
MARIE THER~SA BONA
~
la PR:MDCe Of: as Purchaste'r .
.
001ing of title aader tbe within contract ia hereby ad joumed lo 19 , at
o'clock. at ; title to be cloaed and all ad juatmenta lo be made
u of 19
Dated, 19
For Tah1e receiTed, the within contract and all the right, title and lntereat of the purchaaer thereunder are hereby
uaigned, tran■ferred and aet Her unto '
and aaid ■-ignee hereby u■umea all obligation■ of the purchuer thereunder.
Dated, 19
PurcluJur
PREMISES
C!!nntrad nf &ale
rlTl.l No. Sec!ion
Block
Lot
County or Town
Strttl Numbered Address
TO
RtcOfdcd Al Reque11 of
ReTURN BY MAIL TO:
IIAHOAID 'OCM o, NIW YOH IOAID 01' TITU UNDUWllnU

Dis1Tib1111d hy
CHICAGO TITLE
INSURANCE COMPANY
Zip No.
\
WARNING: NO REPRESENTATIOI', ,.5 MADE THAT THIS FORM OF CONTRACT FOR THE SALE AND
PURCHASE OF REAL ESTATE COMPLIES WITH SECTION 5-702 OF THE GENERAL OBLIGATIONS LAW
("PLAIN ENGLISH"),
CONSULT YOUR LAWYER BEFORE SIGNING rr.

NOTE1 FIRE AND CASUALTY LOSSES: Thia contract form d0e1 not provide for what happens in the event
of fire or caaualty loaa before the title cloaing. Unless different provision is made in this contract, Section 5-1311
of the General Obligationa Law will apply. One part of that law makes a purchaser responsible for fire and casualty loN
upon taking of title to or poa1e11ion of the premues.
CONTRACT OF SALE made u of the 1<. 'Ill day of ~r~ , 19 8 5

BETWEEN
BY: UNITED STATES MARSHAL
Post Office & U.S. Courthouse
hereinafter called "SELLER", who agrees to ■ell, and
JAMES R. McLAUCHLEN, Ill

Add~:789 Hill Street
Southampton, New York
hereinafter called "PURCHASER", who agres to buy:

Prrmisu: The property, including all buildings and improvements thereon (the "PREMISES") ( more fully de,cribed on a
separate page marked "Schedule A") and alao known aa:
Street Add~. Little Noya ck Path, Southampton, New York
Tu Map Designation:
Suffolk County Tax Map

0900-047.00 -01.00-043-015 & 027.005
· SELLER'S OBLIGATIONS UNDER THIS CONTRACT AND THE CLOSING CONTEM-

LATED HEREBY ARE CONTINGENT ON THE CLOSING OF A CONTRACT OF SALE
ETWEEN THE UNITED STATES AND LOUIS A. AND MARIE THERESA BONA FOR
REMISES ADJACENT TO THE PREMISES HEREIN. IF SAID CONTRACT OF SALE
OES NOT CLOSE SIMULTANEOUSLY• HEREWITH, THE UNITED STATES SHALL BE
EEMED "UNABLE TO TRANSFER TITLE" HEREUNDER.
Together with SELLER'S interest, if any, in street• and unpaid awards a. aet forth in Paragraph 9.
trsoruzl
ropu,y: PREMISES, unle,s speciically excluded below. SELLER states that they are paid for and owned b
and _clear_ of _any lien oth_er than the EXISTING MO~TGAGEI_Sl. They include but to plumbing,
heating, hghung and cooking fixtures, bathroom and kitchen cabinets, ma irron, venetian blinds, shades,
screens, awnings, storm window,, window boxes, storm d · es, weather vanes, llagpoles, pumps, shrubbery,
fenc_ing, outdoor statuar~, tool sheds, di !ng mac_hines, clothes dryers, garbag~ disposal units, ranges.
Ezzladcti f, um ti is awls ••• 1

Fl.I ·, u u i \ cul al.i 1■ 1 ial ini,u,
rcAaJt 1. a. Thepurchaaepricei, Eighty-Five Thousand Dollars-------- s85,000.00

'er:
p1y1 hie as follows:
.
0 n the • Igning f h' b /,._cer.t,ified or bank . Said funds are to he500
o t II contract, y/'m:ck 1u-,H~6~,1pc S !!",
held in an Escrow fund of the United States Marshal's office until closing.
8J~-oexfu{duc~~~K~Ql:5;JNOCMm!!J~~: S
B-,cstf~mtJC~t:lf~~~~lP~R<IB~~~~~>i~~~ s
BALANCE AT CLOSING: S 76,500.00
PJD:vb0173W
SCHEDULE A
All that certain plot, piece or parcel of land, consisting

of 3.629 acres of land, with the building and improvements
thereon erected, situate, lying and being in the Town of
Southampton, County of Suffolk, State of New York, more
particularly bounded and described as follows:
BEGINNING at a point on the westerly side of Little Noyack
Path, which point of beginning is situate on the point formed
by the westerly side of Little Noyack Path and the
southeasterly corner of premises now or formerly of Louis
Sapienza and Kathleen McNary:
(1) South 23°.10' 40" East 22.37 feet, along the westerly side
of Little Noyack Path;
(3) Thence, South 03° 26' 24" West 520.96 feet;
(5) Thence, North 04° 00' 30" East 540.90 feet, along lands
now or formerly of G. Harold Williams;
(6) Thence, South 86° 33' 36" East 407.49 feet, to the point
or place of beginning.
b.
provide that it will remain aubj~t lo !he prior ~en of any EXJSTING MORTGAGE eve
MORTGAGE ia extended or mod16ed in good f■ 1th. The Purch■ae ortgage ah ■ll be drawn on
the ,tand■rd form of New York Board of r· · e auorney for SELLER. PURCHASER ah■ ll pay
2, then
i~ Paragraph 2
1 amount of I ■nd inlerelt ■t the rate of

tly payable in inlltallmenu of I
which includ
SELLER hereby atatea that no EXISTING MORTGAGE contain, any proriaion that permita the holder of the
mort!■gf' to require it■ immediate payment in full or lo change any other term thereof by reuon of the fact of
CLOSING.
3. All money payable under thia contract, unleu otherwise apecified, ahall be either:
a. Cuh, but not over one thou.and (11,000.00) Dollara,
b. Good certified check of PURCHASER. or official check of any bank, auinp bank, lruat company, or aavinp
and loan a111C1Ciation having a banking office in the State of New York, payable to the order of SELLER, or to the
order of PURCHASER and duly endoraed by PURCHASER (if an individual) to the order of SELLER in the
presence of SELLER or SELLER'S attorney.
c. Money other than the purchue price, payable to SEU.ER at CLOSING, may be by check of PURCHASER
up to the amount of , (I . ) doll■n, or
cl. Aa othen,iae agreed lo in writing by SELLER or SELLER'S attorney.
~subiect to" 4. 'The PREMISFS are to be tranaferred aubject to:

Provi.aio11.1:
a, Lawa and governmental regulation, that affect the uae and maintenance of the PREMISFS, provided th■ l
they ■re not violated by the buildings and improvement■ erected on the PREMISFS.
b. Co111enll for the erection of any atructurea on, under or above any atreeta on which the PREMISES abut.
c. Encroachments of stoops, ■reu, cellar ateps, trim and cornice■, if any, upon any street or highway.
5. SELLER shall give and PURCHASER shall accept such title as a licensed Title
Company in New York State and a member of the New York Board of Title
Underwriters, will be willing to approve and insure in accordance with their
standard from of title policv.
ti, Compc,l\y
,prowl: ceca ~., 11
theh wwwdasd 101111 of dde pulley, aabjse: a. l; u ,~ a •nttsr prvridod for in thic cant,nst.
o.si111 6. "CLOSING" mea:1s the settlement of the obligations of SELLER and PURCHASER to each other under this
,f.,i,d and contract, including the payment of the purchase price to SELLER, and the delivery to PURCHASER of a
"" o/ D,,,1; QUIT CLAIM---------------------------------"t!eed in proper statutory form for recording
so as to transfer full ownership I fee simple title I to the PREMISES, free of all encumbrances except as herein
,tated. ~ ~ ~ ~ ~ t ; , ' g ~ ~ l f r ~ l l l > A f ~ K K N R - X
~J;.Ji:ll:XtcKX,X,C,XNMlXXi[~ktdl~Xll(ffR£HDBR(IIOOXi{lUH(lilCD.IJSOIKXCU)iXr)W616ll~~xx
s~~~~--i~~w~~~~~~~~~~!
c~~Yail][)2JU(:t.Mp{~),o[~i{)(IW;JE,X~~u~~~~~~
CODtffl{Xx«ktt:ltldic««iXJOXetNkUeX.:CIOKl)tl)(~~.ltl(.«)i~~ -
U.S. MARSHAL, Newark, New Jersey or lending
7. CLOSING will take place at the office of
institution or a1pc1w.eed by counsel approximately 60 days after Court approval
at ~~~xo'clocl,'on . liid:p:lilixxXXX , a~
lcrr: 8. PURCHASER hereby !tales that PURCHASER ha• nol dealt wi1h any broker in connection wi1h thi! •ale.. 111 h
'I, 1 n11 Nie inc1uaes w 01 ::,c.w...c.n·::, o~ .. ersmp ana rignlll, II any, 1n any 1ana 1y1ng 1n rne oea or any arreet or
highway opened or__propoeed, in front of or adjoining the PREMISES to the center line thereof. It al10 includes
any right of SELLER to any unpaid award by reaaon of any taking by condemnation and/ or for any damage to
the PREMISES by reuon of change of grade of any street or highway. SELLER will deliver at no additional C09C
10 PURCHASER, at CLOSING, or thereafter, on demand, any documenta which PURCl!,\SER mav rr.tJuir" to
collect tbe award and dlJD&l1!I.
,.,,.,...,
.
;.,,;~,. before CLOSIN uped by tbe bolder of each EXISTING MORTGAGE, in form for ncordi
,Utu,a amount of &ti. ~ principal and interat, date of maturity, and rat ' 1 a pay the fees for
,Eni,iq recordinl! l8Cli c:ertiicue. If tbe bolder of a · or ot er inatitution u defined in Section 274-a,
,.,...,.(1):
Real Proper! Law · · certt cate, furnish an unqualified letter dated not more than thirty (30)
-containing tbe ume information. SELLER hereby llatea that any EXISTING MORTGAGE
... puall<W
•itA SICU requi~nll noted in or i11ued by any governmental department having authority I I to land■, ho · , uildinp,
,,,.,.,,,.,,.,
•d Miuud,-1
iol.. io,u
6re, health and labor conditio111 affecting the PREMISES at the date hereof. The PREMISES
free of them at CLOSING and this provision ahall aurvive CLOSING. SELLER I ·
be tranaferred
URCHASER with
. , O,J,r,: any aatboriutiona neceNary to make the aean:hea that could diacl01e I
)lfliti/lA. b. All obligations affecting the PR unuant to the Administrative Code of the Citr. of
ropcr17uN., New Yo~ prior to
tAc CilT•I
{,. York:
utalJtMJtl 12. If at the time of CLOSING the PREMISES are affected by an ._nent which i• ur may bet:ome payable in
J.uuntlllU: annnal imt■ Dments, and the 6nt in■tallment is then a lien, or hu been paid, then for the pu.,,._. of thia contract
all the unpaid illllallmen11 ahall be co111idered due and are to be paid by SELLER at CLOSING.
13. Tbe following are to be qiponioned u of midnight of the day before CLOSING:
(a) Renta u and when collected. lb) lnletat on EXISTING MORTGAGEIS). (cl Presniu1111 tH1 eairiting transferable
inlurance policie■ and renewala of thoee : ; , prior to CLOSING. (d) Tax-, water charge■ anti - renll.
on tbe buis of the 6acal period for which • (e) Fuel, if any. (f) Vault charga, if any.
If CLOSING ■hall occar before a new tall rate i1 filled, the apportionment uf tam shall be upon the buia of
tbe old tu rate for the preceding period applied to the late■l a-■ed valuation.
Any erron or omia■ion■ in computing apportionment■ at CLOSING ,hall be conected. Thia provi■iun ,hall
awvive CJ.OSING.
14. If there be a water meter on the PREMISES, SELLER ,hall fumiah a reading to a date not more than thirty t30)
day■ before CLOSING date and the unfilled meter ch■ rg~ and aewer rent, if any, ,hall be apportioned nn tlwo buia
of aucb lut reading.
U-ce 15. SELLER hu the option to credit PURCHASER I I an adjuatmenl of the pun:hue price with the amount of
"Un,,.;4 any unpaid 111:m, .-menta, water, charge■ and aewer renta,, topther with any interest and penaltie■ thereon to a
'a,1,E1c.: date: not leas than 6ve(S) b ~ day■ after CLOSING, provided that official billa therefor computed to said d■ tr are
prodoced at CJ.OSING.
...,
urcNIM
16. If there ia anything elae afl'ecting the ule which SELLER ia obligated to pay and di■charge at CLOSING,
SELLER may me any ponion of the balance of the pun:ha■e price lo discharge it Aa an altemafrre SELLER may
rice eo deposit money with the title i111urance company employed by PURCHASER and required by it to . .are ill diacharge;
IJ'
11tum61Mtt1: but only if the title insurance company will inaure PURCHASER'S title clear of the mailer or in1ure ag_a_in11 ill •
enforcement out of the PREMISES. Upon request, made within a reasonable time before CLOSING, the PURCHASER
agree■ to provide ■eparate certified cbecb u requeaced to uai1t in clearing up theae m■tten.
,...,.,
Jud-,., ■bowing
OUUUPINI
c.:
••d T,s,uf,r 18.

",co,d11t1
'.SIi:
Co tu payable by reason of the delivery or
URCHASER a ~ to duly com lete the 11:a: return
of an ,urvey c ar,e■ are hereby made lien, on the PREMISES and
to obtain appropriate Court approval or otheJ:w.LBe is i.mable

'ltr•, 20. If SELLER ia miable,to tran■fer title to PURCHASER in accordance with this contract, SELLER', aole liability·
·~
r6ilu,i,,
rtUlltiM
•~~II be to refun~ all mo~ paid on account of _thia contractt p~ all ~•
ic:pnntin h !a ,hall
"I!"
•11h , .. 1 .\:l - ·
·111 Ii• lilla;
Upon 1uch refund and payment thia contract ahall be conaidered canceHed, and neither SELLER
nor PURCHAS have any farther rigbll ag■ inlt the other.
21. PURCHASER bu impected the building. on the PREMISES and the penonal property included in thia aale
and i, thoroughly acquainted with their condition. PURCHASER agree,, to purehue them "u ia" and in their
p~nt condition aubject lo reuon■ble u■e, wear, tear, and natural deterioration between now and CLOSING.
PURCHASER ahall have the right, after reuonable notice to SELLER, to in1pect them before CLOSING.
22. All prior undentanding. and agreemenll between SELLER and PURCHASER are merged In this contract.
It comple1ely exp~ their full agreement. It hu been entered inlo 1fter lull inveotigation, neither p,trty relying
upon any 11atcmenla made by anyone dee that ia not eel forth in thi, con1r ■ ct.
23. Thi, contract may not be cha,. ,ncelled e:rcept in writing. The contract 1hall alJO apply to and bind
Clin~•
,lf••t 1, i,, the distributees, hein, exeeuton, adr. ·•• succeuon ■ nd uaign■ of the respective pa"ies. Each of the partiea
,,itiA1: hereby authorize their attorney. to .. , , writing to any changea in dates and time period■ provided for in
thil contract.
24. Any 1inp!ar word or ler1D limrin iball also be read aa in the plural whenever the ■en1e of thil contract may
require it.
BY:_,;::::::::::;...i:::::..::;:.._~:.,,....__:::J.1.2~~\'------
E G. LISS
D STATES MARSHAL
TRICT OF NEW JERSEY
as Seller; and
as Purchaser.
In Preamce Of:
Qoaing of title ander the within contract i■ hereby adjourned to 19 , at

o'clock, at ; title lo be cloeed and all adjuatmenta to be made
a■ of 19
Dated. 19
For nlae recei'l'ed, the within contract and all the right, title and intere.t of the purchaaer thereunder are hereby ,
auigned, tran■ fernd and aet oYer unto
and aaid U1ignee hereby uaumea all obligation• of the purchuer thereunder.
Dated, 19
Purc"4ur
PREMISES
<!Inntrart of &ale
TITI.E No. Section
Block
Lot
County or Town
Stroer Numbered Addre1s
TO
Recorded At Roquut of
Rl::TURN BY MAIL TU:
srAND,UD ,o... o, N(W YOll 10410 0, mu UNOIIWIITUS

DiJ1ribMt1d b .v
CHICAGO TITLII:
INSURANCE COMPANY
Zip No.
Exhibit B
8Zl~03
n
---=-:·- - - - - -MATIONOFSALt:
NOTICE OF C~NFIR District Court tor the
.. BY order cl the Untied Slates hereby given pursu· .
0 1 1
Olstrlcl of New ~\'t;~t"a ~ ~:d !r will be presented to .
ant to 28 u.s.c. J Stern on September 13, .
The Honorable Herber 1 · !house Newark, New
1985, at the United Statfs c,i': sale 0 j the following
Jersey, 0710'2, confirm n? path Town of southamp• STATE OF NE_ W JERSEY}
COUNTY"OFESSID< ss
--,/2?
property on Little Noyac •
. ton, Slate of New York·. arcet of 13 nd, consist•
All that certain plot, pl~c• ~~: the building and Im•
Ing of 2.547 acres of Ian • w I I Ing and being ~.Al-·LA-.V ue.d/•f-t.__.._,,
provements thereon erec:ed, ~'!~~,~of Suffolk, State .,
of New York, more par11c
°
In the Town of Southamp nularly bol'fldll'f'~d de•.·,
• . -~
)?
scribed~• to!lows:
BEGINNING at a poln 1on
the westerly side of Lltllt. : :
t south 23• 10' .a· .
Being duly'">sworn, ~ciding to law, on h,,At.,../oath say-
Noyack Path, which point Is sllua {d b the westerly ·
East 22.37 feel from~~ ~~l;~J%'!' soutteasterly car•
side of Llf!le .Novae • 1 rmerty of Louis Sapient•
ner of premises now or o ·r
eth that be is ~_,.~ of the
and Kathleen McNary: 341 t·
(ll South 23" 10' .a· ~as_ll~l. aste:l'ois11eet;
: .
:
Star-Le-8ger, in said County of Essex, and that the notice,
(2) Thence, iou:~i~.1~,0:/west206.74teet; ·
(3) Thence, ou , •36• west 30 oo feet
(~) Thence, North 86 33 . • t 520 96 feet
, of which the attached Js a copy, was blished in said
'.}/: c',-J-J -
2
V
6
(5) Thence, Northhil;;. ?~!=~!st l32.68 feet, to the
(6) Thence, soul ov 33 paper on the day of
point or place of beg/nf'~iing sold by private sale tor ·
The above proper Y s ant ·to the terms and ,
and continued therein for____-,,..._________
conditions sta~ed I~ t ~o:~r:.~I
the amount of Sl00,000, pursu of Sale dated as of
Is available tor in·
Aguust 16, 1981 • wb sfness hours at the Office of the
'
.
,
spectlon dur ng u
u.s.Marshal, at1ent1on Rut
h w sley SOUSM
or PAUL J. o'tLLON
· successively, at least once ir;1 each
Newark, New Jersey for
/ /
Sworn to and subscrib/ d

(
before me this --or-_,.__ __
day of ...,,. . .11- , 19 1-:;--
01·10 MA G RET ROBINSON

NOTAR p L!S OF MEW JERSEY
My r~ommis$i'Jn Expires Oei:. l, 198\
•
LEGAL
tmts
N.Y. 10036
NOTICE OF CONFiflMATION OF SAU:
By order of Illa United states District
Court for the District of New Jeniey
nottce la hereby given puniuant to 28
U.S.C. 02001 that an order wtll be
Pnnented to The Honorable Herbert
J. st em t O day,a from date of this ad-
hoertlalng aJ. th• United states Court-
uae, Newark, N- Jansay 07102
confirming the aale of the ionowt • CERTIFICATION OF PUBLICATION
property on llttkt Noyack Path T ~
of Southampton, State of New York:
An that certain plot, pleca or par-
cel of land, conslatlng of 3.829
;::ea Tof,land, lylng and being In
own of Southampton
County of SUflolk, State of Ne,,;
York, more parttcularly bounded
and described aa follows:
BEQINNINCI at a POlnt on lhe
westerly aids of Uttta Noyack I, ELAINE MOORE , in my capacity as a Principal Clerk
Path, which point of beginning 11
situate on the POlnt formed by
the westerly r aide of Little
Noyack Path and the aoullleaat-
of the Publisher of ~brNcw!Jork~imu a daily newspaper of general
erty comer of premises now or
formerly of Louis Sapienza and
K athlean McNary:
circulation printed and published in the City, County and State of New
(1) South 23• 10' 40" East
22.37 feet, along the weat- York, hereby certify that the advertisement annexed hereto was published
~=rh: aids of Uttte Noyack
(2) Thence, North 88 • 33' 38"
in the editions of ibeNewUotkitime, on the following date or dates,
East 132.88 faal;
(3) Thence, South 03 • 28' 24"
West 520.98 f&et;
to wit on
(4) Thence, North 88" 33' 38"
West 290.20 fast;
(5) Thence, North 04 • 00, 30,,
East 540.90 feet; along
land■ now or formerly of a
Harold Wllllama; ·
(6) Thence, South 88 • 33' 38"
East 407.49 feat, to the
point or place of beginning
The above proparty 19 bel ·
private sale for the no sold by
1
$85,000, net a broker·• :C,":,::~ 0
~
: ol :r'tt450, Pllrauant to the terms and
- co ona atated In a Contract of
; Sale dated as of August 18 1985
which Contract la avallable • for in:
apectlon during business houni at·
tttha Office of the U.S. Marshal atten-
on Ruth Worsley, SOUSM. '
PAULJ. DILLON
Assistant U.S. Attomey
Newark, New Jer~y
UN'1° 1 STATES GOVERNMENT
lJA I 1·;
OCTOBER 22, 1985
, I.
(''
n1emorandum
\
>
• 111 •1
v •·J 1 EUGENE G. LISS, u. s. Marshal ,.
At INC,,:
District of New Jersey FOL.ED
~tJUJt<. f:
Lega} Advertising
•u. Clerk, U. S. District Court

AUSA PAUL DILLON !At 8:30 ·················· .. ,• ............,......M
Re: USA v TRACY WONG ALLYN Z. LITE
Civil: CR. 83-199 :.t:
With reference to the the above captioned case, forwarded

herewith find:
Proof of Publication
with Affidavit NEW YORK TIMES
(Publication Media)
Kindly receipt for same by affixing initials on dubplicate
copy of this letter and return to this office as soon as
possible.
(Date)
Receipt Acknowledged
OPTIONAL FORM NO. 10

(FU:V, 1-80)
G!!A FPM~ (41 en,) 101-11.1
' 1!01~114
~. NY 10036
NOTICEOF CONFiRMATION OF SALE

.By Qrder. of the :United States District.
Court'for the. District.of New Jersey,
notice is hereby.given pursuant to 28
U.S.C. §20P1 that "In order will be
presented to TI>e Honorable Herbert
J. Stem 1o days troll) date of this ad-
CERTIFICATION OF PUBLICATION
vertising at the United $tales Court•
house, Newark, New Jersey, 07102,
confirming the sale. of the following
property on little·Noyack Path, Town
of Southampton;Stafe of New York:
All that certain piot, piece or par-
cel of land, col\Slstlng of 3.829
acres of land, lying and being in
the •Town of., Southampton,
County of Suff91k, State of New
York, more particularly bounded I,. ____=E:.::L:.;.A.:.:l:.:.N:..:E=-:.M:.:.0.=--::0--'-R.:..;E;;;.__ _ _ _ , m my capacity as a Principal Clerk
and described as follows:
BEGINNING at a: Point on the
westerly side qf·little Noyack of the Publisher of lbtNcwUorklimts a daily newspaper of general
~a!h, which point of beginning is
situate on the Point formed by
the westerly <: side of little
circulation printed and published in the City, County and State of New
Noyai:k Path and the southeast-
erly comer of premises now or York, hereby certify that the advertisement annexed hereto was published
~.:;J:f~n ~c~:I:, Sapienza and
(l) l~~~ i;l~ a~;g i~; w':~~ in the editions of i'tbt.NtwUorkitimtS on the following date or dates,
erly side of Little Noyack
Path; to wit on
(2) The~ce, North 86 ° 33' 36"
East 132.68 feet;
(3) The~ce, South 03° 26' 24"
West520.96feet; •
(4) Thence,.·North 86° 33' 36"
West 290.20 feet;
(5) Thence, North 04 ° 00' 30"
East 540.90 feet; along
lands ,now or formerly of G.
Harold, Williams;
(6) Thenc~. Sou~h 86° 33' 36"
East 407 .49 feet, to the
, paint or,place of beginning.
~~:a~~ov:arero~.'.'Yt~ebe:i~t ~
$85,000, net a broker's commission
of $9,450, pursuent to the terms and
. conditions stated in. a Contract of
Sale dated as of August 16, .1985,
which Contract' Is available for in-'
spection durfng· business hours at·
5407•MA\' theOffic<1-ofthe·U.S. Marshal, atten-
tion,Ruth Worsley, SD!JSM.
PAl,lL;J. DILLON
~st,ntU.S. ,!lttomey
Newa~, New Jersey
I
\
\3 ·.:
~ 'l9' .L:·_J UNITED STATES DISTRICT COURT

!)selJ DISTRICT OF NEW JERSEY
~t 8:30......,..............................U... M
ALLYN Z. LITE
UNITED STATES OF AME.RICA
Criminal No. 83-199
v.
0 R D E R
TRACY WONG
This matter having come before the Court on motion of
defendant Tracy Wong for a reduction and correction of sen-
tence pursuant to Fed. R. Crim. P. 35; and the Court having
carefully considered the submissions of the defendant and the
government, and having heard o al argument; and for good cause
shown;
It is on this day of June, 1985,
ORDERED that the Judgment and Commitment Order dated
January 26, 1984 be, and it hereby is, modified to read:
The defendant is hereby committed to the

custody of the Attorney General or his
authorized representative for imprison-
ment for a period of ten (10) years on
Count I.
It is further ORDERED that the special parole term of
five (5) years imposed on January 26, 1984 be 1 and i~ hereby
is, vacated.
--
STERN
DISTRICT OF NEW JERSEY At8:30 .••••••••.M
\V!LLIAM T. WALSH,
on Indictment/Information/Complaint CR./MAG. NQ. 83-199 CLER:<
------
UNITED STATES OF AMERICA v. TRACY WONG
--------,,--------------
Defendant
PETITION FOR WRIT OF HABEAS CORPUS: Your petitioner shows that
1. TRACY WONG is now confined in

-----------------------
METROPOLITAN CORRECTION CENTER, NEW YORK, NEW YORK
2. Said individual will be required at

NEWARK, NEW JERSEY
N.J., before the Hon. The United States Attorney
on February 2 3 , 198 8 , at 9 : 3 0 arn/E1'Jlt
for CONSULTATION
a DEFENDANT
issue for that purpose.
in the captioned case, in which he is
and a W it of Hab~J1-S_ -~19?t"PUS should
1-J, ~
j
DATED: ~ SE A. GREENAWAY, J . (
WRIT OF HABEAS CORPUS: The United States of America to

TRACY WONG
WE COMMAND YOU that you have the body of ---...,,..,,--.,......---,-------,,---
( by whatever name called or charged}
_n_o_w_c_o_n_f~1~'n_e_d~~i-n-~ME-~-·R"""Q~p-a~t~1......
TAN CORRECTION CENTER
before the United States District Court before the Hon.
The U. S. Attorney in the Post Office Building at
Newark , N.J. on February 23 1988,
at ~=~u am/pm, in civilian clothes, for consultation
in the captioned matter. Immediately on completion of the
proceedings, defendant will be returned to said place of
confinement in safe and secure conduct.
Dickinson R. Debevoise
WITNESS the H o n o r a b l e - - = - - - - - - - - - - - - - - - '
u.s.D.J. at Newark, New Jersey
DATED: d ·J). gr WILLIAM T. WALSH

Clerk of the U.S. District Court
for the District of New Jersey
Per: ju11:r ? ~
Deputy C l e r k ~
......... ,_. ...1.•;.::~··::··~::,.•~ . . ,....·,·=r'·~'6'!..'(. .·u.;-... s;~...r..~~~--~,..,·.,~•t,:.'~-~~~'tj"~ii~i•f:1,J~-~~~'•1·'i~i~Es··~Jj:i:'S7T.FfI'C. .T.:!.!:c'6'u.°qT".:.~-:.::,:. ~iS::...;~~'~,.;!;.;:.t.,..-.~..;
. .. ~:.. ~;.:..:.. .•~;.~;~~.,\:...e;r.,~
. DISTRICT.OF NEW JERSEY( ((~

. Miriutes of Proceedinos
Trenton
Office
.·-•. ··--· -·
·.....
· · ~/a& ~i
_.::.--,=D;-:a:-.:t:-:e::--:o:--:f-;:-P~r~oLc~e=-e-a-=-·1.~·.::..n~g:_s__
Judge BROWN 2-29-88
Court Reporter ljo12 4~,ot2 (Re~urnable Date of Motion)

2-22-88
Other(s) 4-tin .r ~7/JS (D2.te Motion Filed)
Title of Case:
United States of America Dccket *= Crim. 83-199
vs. (Jl.rbitr2.tion--Yes No x )
Steven Kaufman
Appearances: •. - . ··----------·-·-----·---·------- -------------·-· --·· ···--·

. lip 1l1° Selling~r, Esg. for Govt~
(~ _ ) < . J A ~ 1 /J- v:S.f}-
i.~ an Zegas, Esq. fol± deft. Kaufman
. ..
Hearing on motions by-deft. to·compel goy,t. to turn over all "Brady"
and "Giglio" material; ·to dismiss iiidict:IItent; and to·· compel govt. to supply·.
a bill of particulars. - -
Ve C'. ;·S I on ff t1 ~ e12. I) co [) n /! /'-' J ;_7 - 21% ✓
01<iae1?ea ~/o./ otUe
Disposition:
cc: Chc.mber!:>
e oL
UNIT?'- STATES DISTRICT COURT
rRICT OF NEW JERSEY 9
TRENTON January•, 7, :, .. I 1987


Lynne Johnson
Court Reporter ~~&~~~~XM~@~i~~
(Date Motion Filed)
Title of Case:
Docket#: CR. 83-199-03
v. (Arbitration--Yes No
STEVEN KAUFMAN
..
Appearances:
Hearing on application of Govt. and Defendant for continuance of
trial date.
Ordered application granted.
Trial date set for 1-19-88 at 11:00 a.m.
Disposition:
Adjourned to: Tl. me C ommence:

d 9: 30am 9: 45 am
-------- - - - - -Time Adjourned
------
cc: Chambers
UNITED STATES.DISTRICT COURT
Trenton November 20, 1987


Co .1rt Reporter
1 Charles McGuire
(Date Motion Filed)
Title of Case:
Docket #:CR. 83-199-03
V.
STEVEN KAUFMAN
Appearances:
FI LED
Alan Zegas, Esq., for Defendant NOV 2 01987
At ij:30 .......•. .M
WII.I.IAM T. WALSH
CLERlt
ARRAIGNMENT:
Defendant Present.
PLEA: Not Guilty
Ordered all pre-trial motions be filed on/before 12-21-87; the Govt.
to respond on/before 12-28-87; all motions to be made returnable on
1-5-88 at 9:00 a.m. Ordered trial date set for 1-6-88.
Ordered writ be continued until 1-6-88.
Time Com:nenced: 11: 0 Oarn Time Adj o'J:rned 11: 3 Oam
cc: Chc.:nbers
(. ~ITED STATES DISTRICT COU7
UNITED STATES OF AMERICA, fr

i l,~,y)
Plaintiff(s) :
\-vs- Criminal No. 83--199-03
STEVEN KAUFMAN
ORDER F.OR DISCOVERY AND
INSPECTION
.
Defendant(s)
In order to eliminate unnecessary motions for discovery in th.is
case, to eliminate delays in the presentation of evidence and the
exai~ination of witnesses, and to expedite the trial pursuant to the
provisions of the Speedy Trial Act of 1974,
IT IS ORDERED:
1. ·conference. Within ten (10) days from the date hereof, the
United States Attorne~ or one of his assistants and the defendant's
attorney shall meet and confer, and the government shall:
(a) Permit defendant's attorney to inspect and copy or
photograph any relevant written or recorded statements or
confessions made by the defendant, or copies thereof, within the
possession, custody or control of the government, the existence of
which is known, or may become known, to the attornev for the
government;
(b) Permit defendant's attorney to inspect and copy or
photograph any relevant results or reports of physical or mental
examinations, and of scientific tests or experiments made in
connection with the case, or copies thereof, within the possession,
custody or control of the government, the existence of which is
known, or may become known to the attorney for the government;
(c) Permit defendant's attorney to inspect and copy or
nhotograph any re9orded testimony of the defendant before a grand

( (
(d) Permit deferi~dnt's attorney to inspect and copy or
photograph books, papers, documents, tangible objects, buildings
or places which are the property of the defendant and which are
within the possession, custody or control of the government;
(e) Permit defendant's attorney to inspe~t and copy or
photograph the defendant's prior criminal record in the oossession
of the attorney for t~e government;
(f) Permit defendant's attorney to inspect, copy or photogranh
any exculpatory evidence withih the·purv..iew o"f: Brady v.;: Maryland.
(g) If there is more than one defendant named in the indictment,
and it the government intends to introduce into evidence in its
case in chief a confession made to law enforcement authorities bv
one defendant which names or makes mention of a co-defendant, then
the government must make a copy of that statement or confession
available to counsel for the non-declarant defendant, along with a
oroposal for its redaction to conform with the reguirements of
Bruton v. United States. If the government makes no such disclosure
and turnover within the time period allowed, the confess_ion may not
be received at a joint trial of the declarant and non-declarant
defendants. If, within ten (10) days after receipt of the
confession and its redacted version, counsel for the non-declarant
defendant makes no objection to the redacted statement, he will be
deemed to have acceded to the receipt of the redacted statement
into eviden.ce.
2. Disclosure Declined. If, in the judgment of the United States
Attorney, it would be detrimental to the· interests of justice to make
any disclosures set forth in paragraph 1, disclosure may be declined,
1d defense counsel advised in writing of the declination within five (5)
·s · of the_ Conference.•
2.
I I
If the defendant see~s to challenge the declination he may move
the court for relief in the following manner:
~a) No later than five (5) court days from the time. that the
government declines, the defendant shall file a motion for discovery
or inspection.
(b) The motion shall notice a hearing on the next appropriate

~
motion day pursuant t~ the provisions of General Rule 12 of the

General Rules of this court.
(c) The motion shall set forth (1) the statement that the
prescribed conference was held; (2) the date of the conference; (3)
the name of the Assistant United States Attorney with whom the
conference was held; (4) the matters which were agreed upon; and
(5) ·the matters which are in dispute and which reauire the
determination of khe court.
3. Continuing Duty. Any duty of disclosure and discoverv set
forth herein is a continuing one and the United States Attorney shall
produce any additional information gained by the government.
4. Exhibits. The government shall pre-mark all exhibits which
it intends to introduce as part of its direct case and shall permit
defendant's attorney to inspect and copy these exhibits 30 qays Prior
to the commencement of trial. A set of such pre-marked exhibits with
an exhibit list should be turned over to the deputy clerk before or at
the outset of trial. The defendant's exhibits shall also be pre-marked
but not be disclosed until actually used at trial. The government shall
also pre-mark all Jencks Act materials so that no trial delay is
encountered while they are marked at the·time of turning over to
defendant's counsel.
3.
(
~ . . \
5. Authenticity of .L.Xbib"its. Th.e authenticity of all e.xb.i:l::>.its
examined by defense counsel pursuant to the provisions of paragra:nh 4

of this .prder will be deemed to have been accented by· the. defendant unless
defense counsel files with the court 14 days prior to the date of trial,
a notice that the authenticity of the exhibits will be contested by the
defendant at trial, together with a statement delineating why the
authenticity of the exhibi~ is being challenged together with a
certification that the challenge to authenticity is being made.in good
faith.
6. Chain ~f Possession. When defense counsel has examined an
exhibit oursuant to the provisions of paragraph 4 of this Order, the
chain of possession of the exhibit will be deemed to have been accepted
bv the defendant unless defense counsel files with the court 14 days prior
to the date of trial, a notice that the chain of possession of the exhibit
will be contested by the defendant at trial together with a statement
delineating that the authenticity of the exhibit is being challenged and
a certification that the challenge to authenticity is being made in good
faith.
7. Scientific Analysis. When the government has disclosed to defense
counsel at the conference set forth in paragraph 1, the scientific analysis
of an exhibit proposed to be introduced at the trial by the government, which.
analysis has been determined by an expert in the field of science involved,
then the scientific analysis of the exhibit will be deemed admitted unless
defense counsel files with the court prior to fourteen (14) days of the
trial a notice that the scientific analysis of the exhibit will be contested.
All pre-trial ·motions shall be filed on/before 1 2.--k,hz ; the Government
shall respond <m/before tz..../?-0/~7; all motions are to be made returnable
on~5,rf3;8'; wrf ~ /Jm~·
I > .
TRIAL DATE SET FOi;~.,;'."/ff,f'.
I
(1()'1.
CJA 20 (Rev. 1/86) APPOI~ .-'!ENT OF AND AUTHORITY TOP~ COURT APPOINTED COUNS~
1. COURT 2. VOUCHER NO.
D District
3. FOR (DISTRICT OR CIRCUIT)
D Appeals □ Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
4. AT (CITY/STATE)
1455867
5. LOCATION CODE
6. IN THE CASE OF 7. CHARGE/OFFENSE (U.S. or Other Code Citation) 8.

0 PETTY OFFENSE
□.FELONY O MISDEMEANOR
9. PROCEEDINGS (Describe briefly) 11. PERSON REPRESENTED 12. MAG. DOCKET NO.
1
2
o·
D
Defendant - Adu I f
Defendant - Juve le
ILED
3 D Appellant
13. DIST. DOCKET NO.
4 D Appellee
5
6
D
D
Habeas PetitiorttlQV
2255 Petitione,n 91987
7 D Material Witness
10. PERSON REPRESENTED (Full Name) 8
9
0
D
D
D
Parolee Charged With Violation
ProbationAt~ed With Violatio~
0th
er: WILLIAM T' WALS
t 14. APPEALS DOCKET NO.
15. COURT ORDER

p
Appointing Counsel 0 Ext. Appointment for Appeal D Subs. Counsel for: - - - - - - - - - - - - - - -Name
---------------0
Because the above-named "person represented" has testified under oath or has Appl. Date Voucher No.
otherwise satisfied this court that he or she (1) is financially unable to 16. NAME OF ATTORNEY/PAYEE AND
i,fo::e~ «::T:°J4 ~
employ counsel and (2) does not wish to waive counsel, and because the MAI LING ADDRESS
interests of justice so require, the an~ey whose name appears in Item 16 Is
appoin:d to represent this person
Sig. of Judge/Magistrate or By Order of Court (Clerk/Deputy)
►
Date of Order
► Nunc Pro Tune Date
17. TELEPHONE No. 18. SOCIAL 5!cCURITY NO.
l ;.-:;,.
CLAIM FOR SERVICES OR EXPENSES
19. SERVICE HOURS DATES AMOUNTS CL.AIMED
a. Arraignment and/or Plea
- ·
t:,. Motions and Requests
Multiply rate per hour times
total hours to obtain "In Court"
c. Bail Hearings compensation. Enter total
I-
a: below.
:J d. Sentence Hearings
0
u e. Trial
-z f. Revocation Hearings
g. Appeals Court 19A. TOTAL IN COURT COMP.
h. Other (Specify on additional sheets)

( R_~te per hour = ) TOTAL HOURS= $
20. a. Interviews and conferences Multiply rate per hour times

total hours. Enter total "Out
b. Obtaining and reviewing records
u. I- of Court" compensation
0 a: C. Legal research and brief writing below.
I- :J
:J 0 d. Travel limA (Specify on additional sheets) 20A. TOTAL OUT OF COURT
ou 1-----------------------------11----------1--------------1
e. Investigative and other work (Specify on additional sheets)
COMP.
(Rate per hour= ) TOTAL HOURS= $
21. ITEMIZATION OF REIMBURSABLE EXPENSES AMT. PER ITEM

See instructions regarding the
requirement to attach receipts.
C:
UJ
I 21A. TOTAL ITEMIZED EXP.
l-
o
$
22. CERTIFICATION OF ATTORNEY/PAYEE 23. GRAND TOTAL CLAIMED

Has compensation and/or reimbursement for work in this case previously been applied for? DYES ONO $
If yes, were you paid? DYES D NO If yes, by whom were you paid? _ _ _ _ _ _ _ _ _ __ How much? _ _ _ 24. DEDUCT PRIOR PYMTS.
Has the person represented paid any money to you, or to your knowledge to anyone else, in connection with the $
matter for which you were appointed to provide representation? DYES □ NO If yes, give details on additional sheets.1-- -_-N_E_T_A_M_O_U_N_T_C_LA_I_M_E_D_--1
25
I swear or affirm the truth or correctness ►
----=---:----:-=--:---=--------
of the above statements Signature of Attorney/Payee ►Date $
26. 27. AMT. APPROVED/CERT.
Signature of
APPROVED Judge/Magistrate ► Date: $
FOR
PAYMENT / Excess payment approved under 18 U.S.C. 3006A(dl(3) 28. AMOUNT APPROVED
Signature of Chief
Judge, Ct. of Appeals / ► ► Date: $
FILED
' 'P
At 8:30...j'ot) 1
M
, WILLIAM T. WALSH
V Criminal
~ NO. 83-199
'l'RACY WONG, et al
(Stephen Kaufman) ORDER OF RE-ALLOCATION AND
RE-ASSIGNMENT
IT IS, on this 9th day of November , 19 8 7
ORDERED that the above entitled action is re-allocated from
NEWARK to TRENTON
and re-assigned from ~::HoGG. UNASSIGNED to the
Hon. GARRETTE. BROWN

m 'i::D STATES DISTRICT COURT i
-ISTRICT OF NEW JERSEY
Newark, NJ 10/29/87
Judge (Hedges) District Judge to be assigned - I,.}~~ JV Jr.c S'T,F:Rl!S

Court Reporter Mary Jean Schriever
(Date Motion Filed)
Deputy Clerk Nadine Mauro
Others
Title of Case:
Docket#: Cr 83-199
USA v. STEVEN KAUFMAN (Arbitration--Yes No
Appearances:
Joseph Greenaway, AUSA
Hearing on defendant's application for appointment of counsel.
ORDERED application granted.
ORDERED Alan Zegas, Esq. appointed as assigned counsel.
Adjourned to:
------- Time Commenced: \S; .()0 Time Adjourned\\'. p
cc: Chambers
(NOTE: Use reverse side for additional information)
-. (
PRS:ld ~/)
83 0704 l_t/
JUL 11983}
At ..-(';~--c ;:'
~--... ., _________________.______ ,,,.. M' UNITED STATES DISTRICT COURT
ALLYN z. LITE . DISTRICT OF NEW JERSEY
v. 21 u.s.c. §§ 84l(a) (1) and 952(a)

18 u.s.c. § 2
TRACY WONG,
STEVEN KAUFMAN,
JAY SICRE,
STEIN LUNDEGAR, :
KEITH MATTES,
JERRY SCHWARTZ, and
STANLEY ROGOW
COUNT 1
TRACY WONG,
STEVEN KAUFMAN,
JAY SICRE, and
STEIN LUNDEGAR
place outside thereof a quantity of cocaine, a Schedule II
narcotic drug controlled substance.
952(a) and Title 18, United States Code, Section 2.

' (
COUNT 2
TRACY WONG,
STEVEN KAUFMAN,
JAY SICRE,
STEIN LUNDEGAR,
KEITH MATTES,
JERRY SCHWARTZ, and
STANLEY ROGOW
to distribute, a quantity of cocaine, a Schedule II narcotic
drug controlled substance.
84l(a) (1) and Title 18, United States Code, Section 2.
A TRUE BILL
W. HUNT DUMONT
No _ __
Wnittb i,tatt.U 1llistritt Qtourt


VB.
TRACY WONG, ET AL.
INDICTMENT FOR
21 U.S.C. §§ 84l(a) (1)
and 952(a)
18 u.s.c. § 2
~~/ --------- ----~-----

Fo n
__ J1_! __ Ju1N_r __ -121J:M_Q~.T ----- -ii-s.--ittorne11___ _

USA-48-AD 8
(Ed. 9-1-66) FPI-88-9-28-70-lOM-6151
By: ~ PHILIP R. SELLINGER
'<'~-~
',,i ,:---~_;..----- ,-~ -~~:-.---
-
.A~---
DISTRICT or
- - ._
NEW JERSr
-~- - . '-""'"""""'
\
~
Minutes of Proce.ed1.·n gs
TRENTON
Office
.,--~:-::--=-:q~/~' q_/_-;-
<-tr_·-!.;:t..l
Date of Proceedings
~udge GARRETT E. BROWN, JR.

Electronic (Returnable Date of Motion)
·.,sound:,Reporter £: // CiLBo~-et-e,, (Date Motion Filed)
Other(s) JO ANN MATTIS
heev f, It U-5 A \-'a ,e__ b-ov>T:

Apoearances:
b rz u Q,, e.,, 1
fZ 0c,rt t__ ~ ie n s+e-i'r, 1 U 62)

Fa if 1) Q-f]-T,
SEP 1 6 '1991
fit ~:30 _ _ _ _ [.1
Nature of Proceeding: WILLIAM T. WALSH

CLERK
LJe.,T.ent 10n -\-\---f'o..r1'nq ,.

/loftan Pol\ b-il f'e_11clmr
-·
Adjourn~d to: - - - - - - Time

JAG:saf/1431A

UNITED STATES OF AMERICA Criminal No. 83-199
v. HONORABLE GARRETTE. BROWN, JR.
STEVEN KAUFMAN ORDER
Defendant in the above-captioned matter has made a motion
which was addressed in open court on March 29, 1988. The
application was argued by Samuel A. Alito, Jr., United States
Attorney (Joseph A. Greenaway, Jr., Assistant United States
Attorney, appearing): and by Alan Zegas, Esquire (counsel for
defendant Steven Kaufman). The Court having reviewed the
submissions of all counsel, as well as the prior proceedings
hereto, makes the following disposition of defendant's motion for
the reasons set forth on the record on the above date:
Defendant's motion requesting that the Court review in
camera copies of all DEA-6 reports mentioning either Gosta
Ferneborg or Joseph Margarite is granted and the Court will make
its own determination whether any such reports should then be made
available to defense counsel as impeachment material. To the
extent the reports refer to any open or ongoing investigations, the
identities of individuals named in
instant case will be redacted.
SO ORDERED.
ONORABLE GARRETT~- BROWN, JR.

RBK:NF
81 1038

LAKBIR MOULAY ISMAIL! AFFIDAVIT
STATE OF NEW JERSEY)

) ss
COUNTY OF CAMDEN )
Your deponent, being first duly sworn upon oath,
deposes and says:
1. I am the Assistant United States Attorney assigned
to prepare the case of United States v. Ismaili, {Cr. No.
84-246) for trial, and I handled it in the grand jury. This
affidavit is filed in response to the defendant's motion for
disclosure of impeaching information.
2. I have no records or information revealing felony
convictions of any prospective Government witness.
3. I have no records or information revealing prior
misconduct or bad acts attributed to any prospective Government
witness.
FILED
DEC281984
At 8:30
i!I.L._Y.N...z:·~LIJi' M
Cieri( --
4. To the best of my knowledge, no prospective
Government witness has been offered or given any consideration
or promise of consideration for his or her testimony, and I
have no reason to believe that any such person expects or hopes
for any such consideration. However, as defense counsel knows,
any non-Government employee who testifies for either party is

entitled to standard witness fees, and all such prospective
Government witnesses will be given such fees upon request.
5. I have no knowledge of any threats against any

prospective Government witness.
6. To the best of my knowledge, no prospective
Government witness reasonably can be considered to be "an
informer," "an accomplice," or "a co-conspirator."
7. I have no personnel files of any prospective
Government witness.
8. To the best of my knowledge, I have no records
and/or information which could arguably be helpful or useful to
the defense in impeaching or otherwise detracting from the
probative force of the Government's evidence or which could
arguably lead to such records or information, except for the

Jencks materials, which I intend to turn over at the time and
under the circumstances spelled out in the Government's Brief
in Response and Opposition to Defendant's Motion for Pretrial
Disclosure of Jencks (18 u.s.c. Section 3500) material,
subject, of course, to the Court's ruling on that motion.
ROBERT B. KUR'WEL
Subscribed and Sworn to

before me this 28th day of
December, 1984.
)1,
, I,;,-!,._...,,,_
/
Notary Public of New Jersey
My Commission expires 10/25/88
•·
SILBER AND RUBIN
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
177 PRINCE STREET
NEW YORK, NEW YORK 10012
(212) 677-1004
ALAN SILBER"' NEW JERSEY OFFICE

MERRILL N. RUBIN"'"'
GATEWAY I
,i; N. Y., N. J. !l CAL BARS NEWARK, N. J. 07102
,i; *N. Y. !l N. J. BARS (201) 623-9335
January 27, 1986
Clerk, United States District Court

302 Federal BuHding
402 State Street u. .,I ,.., 0 ,1:.::00
.J n !\ .'1
·,n.~
ALLYN z. l/IE
CL.ERi<
Re: State v. Ismarn
Criminal No. 84-246
Dear Sir:
Enclosed please find for filing four ( 4) transcripts of Tape

Recordjngs which are marked ExMbHs A, B, C, and D, which are ExhibHs
to be attached to the three (3) page Affidavit of Josiah Thompson, which
was filed on November 27, 1985.
Also, enclosed for filing an original and copy of a Motjon for

Discovery.
Thank you for your anticipated cooperatjon.
Very truly yours,
P.C.
AS:ob
Enclosures
cc: Hon. Anne E. Thompson, U.S.D.J., (w/encls.)

Robert KurzweH, A.U.S.A., (w/encls.)
Mr. Lakbfr Moulay Ismam, ( w / encls.)
Tape Side B
10/25/85 12:28 p.m.

DR. JOSIAH THOMPSON, prjvate jnvestjgator conducted the jntervjew.
~ See Ms affidavit of November 15, 1985
UNITED ST A TES OF AMERICA v. ISM AILI
Locatjon: Damascus, Syrja, apartment above Studfo Adib.
Indjviduals Present: Bassam Al Khtib
The responses of Bassam are translatjons from an jnterpreter.
Thompson: Bassam I sjmply want to ask you whether you understand that
I photographed both sides of your identity card and with your
permjssjon, photographed you, about an hour ago. Is that
correct, do you understand all that.
Bassam: Yes, he understood.
Thompson: May I ask you first jf it were jmportant for you to come to the
United States to testHy in tMs matter, would you be able to
come at the moment?
Bassam: He sajd he would Hke to, he would love to, but he is unable at
all to come.
Thompson: Why js he unable to come?
Bassam: He feels that as many reasons make hjm unable to come and
espedally he js stHl under the age of the service whkh is 50
years. He js unable to come.
Thompson: I see. In that case, I would like to ask you to raj se you right
hand and take an oath, jf you were wBHng to.
Bassam: Yes,
Thompson: In the testimony you are about to gjve, wm you be telHng the
truth, the whole truth, and only the truth?
Bassam: He sajd he wm.
Thompson: Thank you. Would you please state your name, your
address, and your jdentity card number?
What djd he say?
Bassam: He sajd his name js Bassam Al Khtjb, he gave you the Ld.
numbers 279596, he Hves in Qadam, J alla Street, jn Damascus.
Thompson: Bassam, what was your job, or profession in 1980?
EXHIBIT A (Witness # 1)
Bassam: He does alot of contractor's work, jncludjng electrkal work and
buildjngs, and also whatever he can get to jnvest money and try
to make profit, he would do that.
Thompson: I see. Where were you Hvjng jn 1980?
Bassam: He Hves jn the same address he stated before.
Thompson: And that's here jn Damascus.
Bassam: How djd you first become aware of INCOSER?
Thompson: He sajd that he usually, he heard of the IN CO SER in 1979

or'80. He's not sure exactly. He usually goes to Lebanon many
tjmes sjnce 1973 to go back and forth jn busjness jn other thjngs
and last Hme he went there he met a person. That person knew
about hjm, he told there's a person he should meet. His name is
Al Ahmed, you may be interested to do business with. So he
introduced him to. He met him on one of the trips in Lebanon.
Thompson: Let me ask. So you first learned about the existence of

INCOSER and of the scheme through Al Amhed?
Bassam: Yeah, he sajd yes. He met Ahmet.
Thompson: And, where did you first meet Al Ahmet?
Bassam: He met him on, through the other person in Lebanon. He said
he met him through that person whkh he met in one of those
places in Al Hamera Street in Befrut and they went out to dinner
and they talked over dinner about business and investment and
other thjngs.
Thompson: Does he remember the approximate date or time of this meeting?
Bassam: He doesn't remember. He says when he really met Al Ahmed was

around 179. But the exact, the exact date he doesn't remember.
Thompson: You mentioned before 179 or 180 would that be the best time for
Mm?
Bassam: He met Mm around 179, 1

80 but the exact date he cannot recall.
Thompson: What djd Al Ahmed suggest to you would be the deal with
INCOSER.
Bassam: He sajd that Al Ahmed suggested that he has a deal for him
and would he come buy the car at the cheaper prke because
when you import through other means in thjs country, they put
alot of taxes, too much duty on it, so he would have a deal
when he can make more by getting through Al Ahmed to thjs
country, he wm have more (unclear) He sajd that he did not
really one hundred percent trust him until he showed hjm the
catalogues and showed him the •• , so anyway he showed hjm
thjngs and proved to hjm that he would have a better deal
through Mm and also he had a lot of faith jn the other person
who told hjm it was good.
Thompson: What js tMs other person's name?
Bassam: He sajd hjs name js Mohammed Alem; he's not sure what Ms last
name, really what you usually do when you know somebody, most
of the time you don't ask last name.
Thompson: What kind of vehicle was being imported through Al Ahmed?
Bassam: He was tryjng to say, I finally got it, he says Hke campers, or
vans. OK the one has Uttle holes jn it set up for a home, you
know, a different kind of. ..
Thompson: Would these vehjcles be called vans?
Bass am: Yeah, he saj d they call them vans.
Thompson: Was he ever shown photographs, drawjngs, pictures of these

things?
Bassam: Yeah, he saw quite a few different models.
Thompson: Does he remember the names of any of the models?
Bassam: No, he doesn't remember.
Thompson: Under what drcumstances was he shown the pictures of the

vans; where, when and by whom?
Bassam: Al Ahmed showed him all these pictures
Thompson: What djd Al Ahmed ask him to do, as part of the scheme?
Bassam: He said he was Hke the responsible man. He come here and
collect a few people who were able to invest; he take money from
them, present it to Ahmed, Ahmed would give it them receipts
for all this money and Lachmet in return would give it to
INCOSER to buy the cars and the vans and bring them here and
that's the way it's going to go.
Thompson: Was he given a particular territory that would be basically his,

that is for himself and his salesmen?
Bassam: He said he gave hjm some type of permission in the statement

that he would be the dealership in this area now with this map
over here.
Thompson: What was the area?
Bassam: The area jn like Syria or Lebanon. He said that he did not
keep it later because the deal meant, you know.
Thompson: How many salesmen djd he recruH and get money from, checks
from?
Bassam: He commanded, he had nine people total.
Thompson: Was Assad Al Laham one of those people? How much djd you
collect?
Bassam: Al Laham was one of these.
Thompson: How much djd you collect from each person?
Bass am: About $8,000 from each person.
Thompson: TMs was by check?
B assam: He got checks from everybody.
Thompson: What happened to the checks?
Bassam: When he recejved the check back, because of durjng the war he
got the money back because he never sajd he was not.
Thompson: Two questfon: what rud he do wHh the checks first?
Bassam: He gave the back checks to the people and sajd sorry.
Thompson: No, no that's not the questjon I'm askjng. Upon recejving the
checks, djd he gjve the checks to anybody else?
Bassam: He said he received the checks from them and he took them to
Al Ahmed, he gave jt to him and he told everything should be
fine now and are we going to be startjng the deal.
Thompson: When was that?
Bassam: He said in 1980.
Thompson: Did he subsequently receive these checks back from Al

Ahmed?
Bassam: Al Achmet felt after the war broke out and, and some other
people were asking to, yeah, he said the reason was the war he
asked him.
Thompson: I, I asked the questjon what happened to the checks, not why
the scheme feel apart?
Bassam: Oh, you mean ...
Thompson: Did Al Ahmed, Al Ahmed return the checks to him at some

point? If so, when?
Bassam: He sajd late '80 they received the checks back. He said the
whole deal was about six months and that he give H to him.
Thompson: What djd he do wHh the checks then after they were returned
to hjm?
Bassam: He said he made sure that the checks were not used, or
anytMng, and he returned H to the people who gjve H to hjm.
Thompson: Could he relate as many of the names of these njne people as

he can? I know H's five years later, he may not be able to
remember, but, jf he could relate the names of as many as he
can.
Bassam: He only remembers a few people whose, . relatives, and, but

the rest of them, really, he's not, he's not anymore jn contact
wHh them.
Thompson: He only remembers those who are relatjves?
Bassam: Yes.
Thompson: Durjng tMs sjx month perjod, when the deal was aHve, djd he
have any hot prospects for the vans?
Bassam: Yeah, he said he felt there was alot. .. Yeah he wasn't tryjng,
he sajd he Hked, he was waHjng, he says alot of people were
waHjng, anxious, but he felt that before he expand the whole
sHuatjon he was waHjng for the samples to come in, he was
waHing for, to do, to make sure everythjng was on the up and
up and one hundred percent he can get everythjng and he be
able to deHver to these people before he jf promjsed them to sell
them somethings.
Thompson: rnd H appear to Mm to be a profitable and vjable sales scheme?
Bassam: He sajd he felt that it was a profitable, he sajd he felt Uke at

least he would double Ms money wHh no problem, he felt that
these people were, and, felt the same way when he talked to
them and they felt altogether that they would really make alot of
profit so they were gojng to do H.
Thompson: Does he recall what some of the prkes of the vans were to be
deHvered here jn Syrfan, or Lebanon jn dollars?
Bass am: He saj d he £el t that the prkes were alot cheaper than today,
and he felt that the prkes through Al Ahmed were alot cheaper
than were he to, js avaHable jf he could buy them, he felt that
he, there's a margjn of profit between the two amounts.
Thompson: Does he remember the actual dollar amount? That the customer
would pay here jn Syrja?
Bassam: He sajd that the exact prke he does not know, but he sajd that
he knows, he found out he knows that he would make minimum
of one hundred per cent in prices he's going to get from Al
Ahmed.
Thompson: A hundred per cent mark-up?
Bassam: A hundred per cent mark-up?
Thompson: Do you know why, does he know why the scheme collapsed?
Why it never went jnto effect?
Bassam: He sajd he felt the instability of the, sudden change of the

world, what happened in the Middle East and felt it is unsafe,
became unsafe for the war between Iraq and Iran made it impos-
sible for anybody really to do any business and they felt that
the extending of the war is going to really ruin and they felt
it's better to have the money in your pocket and not to invest in
anything, just to make sure you're safe ...
Thompson: If I understand correctly, then, would you, would you just

repeat what I'm saying to him?
Bassam: Um hum.
Thompson: The general instability of the region made it more useful to

invest their money in the bank, to put it in the bank or in cash
or in gold rather than to buy vans.
Bassam: He said he felt that its better to keep it as a dollar in your

pocket and save it, have it instead of doing anything else with
it. They don; t even buy gold anymore because of the
fluctuating prices of gold.
Thompson: Did Al Ahmed at some point say that the scheme would be
suspended?
Bassam: He said yes he told him that, when he told him, he told him
maybe later on in time things become stable he said he get in
touch with you, get back to me maybe we can go ahead and
work out the deal but right now its not possible to do anything.
Thompson: Does he know the present whereabouts of Al Ah met now?
Bassam: He said he died.
Thompson: Did he, did he, how did he learn this?
Bassam: He said he didn't take the guy's word one hundred percent. He
went to an official place over there to find out, and they told
him he was deceased,
Thompson: By over there? In what location?
Bassam: In Lebanon.
Thompson: In Bejrut?
Bassam: Yeah, he went to Befrut.
Thompson: Was he able to determjne what year Al Ahmed was, Al

Ahmed was knied durjng the fightjng?
Bassam: Yeah.
Thompson: In what year he was kHled?
Bassam: He sajd after he got hjs money. When he went there he found
out he was just, he djdn't know the exact tjme, they told hjm
that jt wasn't really exact. I don't tMnk they knew themselves
what the exact date was.
Thompson: Was there a year, that he djed jn?
Bassam: He sajd jn 181.
Thompson: In 181 to present or '81 - 1

82. The jnvasjon was 182.
Bassam: '80 Uke, 180, ... he lost contact wHh them but he sajd jn 181, 1
82
he's not sure when exactly he djed.
Thompson: Could jt have been as late as 184?
Bassam: Yeah, jt could be jn 182. '83. He never really got a predse

date.
Thompson: I see, Uh, could he tell me how jt js that he's here, uh

speakjng wHh me today? How was he able to be found?
Bassam: He sajd H's a figure of speech my brother made up, sajd my

brother made jt for me, to talk to you, to meet wHh you.
Thompson: I see. So Majda, you, were able to find Mm because of certajn

leads provj ded to you. OK. Ah, next these are sj mple formal
questjons. Have we met or spoken to each other before today?
Bassam: No. Never.
Thompson: We djd speak, and for a bH before we turned the tape on

today. I photographed your jdentHy card and you. Durjng
that perjod, djd I offer you any jncentjve or reward to testHy jn
any partkular way jn thjs case?
Bassam: Yes, he saM he djd, He sajd he only met you earlier today and
you have and, taken pkture of hjm, and Ms Ld. card.
Thompson: rnd I, but the most jmportant questjon, djd I before we went
on the tape here, offer you any reward or incentive to testHy jn
any way in this matter?
Bassam: He sajd no, you djdn't.
Thompson: Has anyone else besjdes me ever offered you any reward or
jncentjve to testHy?
Bassam: No. No.
Thompson: Whh respect to bejng threatened, before being on the tape, djd
I threaten you jn any way? To testHy jn thjs case?
Bassam: No, he sajd no.
Thompson: Has anyone else ever threatened you to testHy jn any

partkular way?
Bassam: No, he says no.
Thompson: It remajns just for me to thank you, them for being wilHng to
give up your tjme to help us get to the bottom of the facts in
this case. Thank you so much.
Tape Sjde A
10/25/85 11:00 a,m.

DR. JOSIAH THOMPSON, private investjgator conducted the jntervjew.
See hjs affidavit of November 15, 1985
Locatjon: Damascus, Syrja, apartment above Studjo Adjb
Inmvjduals Present: Assad Al Laham
The responses of Assad are transl a Hons from an jnterpreter.
Thompson: Ffrst, I would Uke to swear jn Mr. Al Laham. Mr. Al Laham,

would you raise your rjght hand so? In the testimony you are
about to give, do you swear that you will gjve the truth, the
whole truth, and nothing but the truth?
Laham: Yes.
Thompson: You nodded yes. Mr. Al Laham, your name js Assam Ad

Lahim?
Laham: Al Laham, yes.
Thompson: Al Laham. And you have just watched me photograph your

jdentHy card, both sides, and yourself, is that correct?
Laham: Yes, he did.
Thompson: Mr. Al Laham, where were you living jn 1980.
Laham: He was Uving jn Syrja at the same address he Uves jn now.
Thompson: Would you ask Mr. Al Laham to please speak up so that the
tape recorder can pkk it up.
Laham: Yes.
Thompson: How was it that you first became aware of a firm called
INCOSER?
Laham: He said he learned about it from Bassam.
Thompson: When was that you learned about the firm?
Laham: About 1980.
Thompson: Where djd you learn about jt?
Laham: Through his cousin in Syria.
EXHIBIT B (Witness #2)

Thompson: I see. Who js Ms cousjn?
Laham: Bassam.
Thompson: Bassam. I see. And you learned about it here in

Damascus?
Laham: He said he learned about it in Damascus.
Thompson: What did you do for INCOSER?
Laham: He dMn't do anything.
Thompson: Rjght. Djd INCOSER do anytMng for you?
Laham: Nothjng.
Thompson: What djd you expect INCOSER to do for you?
Laham: He sajd he would jnvest jn cars and he would make profit from
it. That's what he expected.
Thompson: What was he supposed to do, in order, for IN CO SER.
Laham: He invested hjs money, at the same time, get the cars and sell
them so he could make some money.
Thompson: Djd he actually jnvest money, give money?
Laham: Yeah, he gave hjm a hundred thousand dollars.
Thompson: Who was Mm, that he gave the hundred thousand dollars to?
Laham: He gjve it to Assam.
Thompson: Did he get the check back at any pojnt in the future?
Laham: Yeah, he recejved it back.
Thompson: Do you know when he received it? When djd you receive
the check back?
Laham: He said when started the problem started between Iraq and Iran
and they asked for the check, he received it back.
Thompson: Was he to have specific territory for sales?
Laham: He said he was waiting for further informatjon from Bassam

because he was controlUng the whole thing.
Thompson: He was going to be part of Bassam 1s sales force?
Translator: Yeah, yeah he was working with

Thompson: Would you ask Mm jf that's the case?
Laham: He sajd yes.
Thompson: Djd he, was he shown any photographs of vans, or

drawjngs of vans?
Laham: He djdn't see any.
Thompson: No. Ah, d1d he explore the possjbHHy of sales wHh any
prospects?
Laham: He sajd he dj d some work, he sells a lot of cars. He knows, he

djd not contjnue on lookjng for the prospects of sales because he
knows he has H H he want H. There's alot of H out there he
can go out and sell no problem.
Thompson: What was hjs professjon or job at thjs tjme?
Laham: He sells . . . buys and sells cars.
Thompson: Buys and sells cars? Is that hj s present occupatfon or job

now?
Laham: OK. He sajd he had a permanent job dght now, but he stHl, H
there was a chance to buy and sell cars he does H on the sjde,
but on the other sjde, he sajd, rjght now they do not jmport
any cars and H's closed. There's no way he can do that.
Thompson: What is Ms permanent job rjght now?
Laham: He works for, he's employed by an jnsurance company.
Thompson: Would you ask hjm to explajn informally, jn hjs own words, how
he understood thjs deal to work.
Laham: He said that as far as he's concerned what he's saying, ah, he
said Bassam has to brjng a certajn amount of money from each
area take H Al Ahmet and then they will buy cars as a living
quarters and travel in campers and tMngs and they bring it
here and they will sell H and in his turn he will make money,
profit on it.
Thompson: Did it appear to hjm to be a profitable, vfable sales scheme?
Laham: He sajd of course, this js the way they make money. Syrian
people always are jnterested in buyjng and selHng and they
always made money on that, and they've always had a need for
cars and campers.
11
Thompson: So yes 11 is the answer?
Laham: Yes.
Thompson: Does he know why the scheme collapsed and never became
effectjve.
Laham: He had a problem meetjng wHh Lachmad, the son had a problem
meetjng wHh Lachmad, and of course the war broke out, causjng
the whole thjng to collapse.
Thompson: Why? Why does the collapse follow from the war?
Laham: He sajd, he sajd, he sajd the people were afrajd of the war, and
the borders were closed and there were so many problems caus-
jng the whole commerdal system to collapse jn the area. And
that's why they really were afrajd, that they kept thejr money
jn thejr pockets, and they dedded not to do anythjng wHh H.
Thompson: Who contacted hjm to be here today, and to be jntervjewed

today?
Laham: Majda DaBas called me.
Thompson: Had we ever met or talked before the last few moments?
Laham: He saM no.
Thompson: Before we went on the tape, ru d I offer you any reward or

jncentjve to testHy jn any partkular way?
Laham: No.
Thompson: Has anyone else ever offered you any reward or jncentjve
to testHy jn any partkular way jn tMs case?
Laham: No.
Thompson: Before we went on the tape ru d I threaten you jn any way

to testHy jn any partkular way jn tMs case?
Laham: No, never.
Thompson: Has anyone else ever threatened you jn order to get you to
testHy jn any partkular way jn tMs case?
Thompson: Would you be wHHng to come to the UnHed States and testHy
jn thjs case?
Laham: He sajd because he's workjng for tMs company he js unable to

come to the UnHed States. It's very, very dHficult and he
doesn't thjnk he'd be able to get the length of tjme to leave the
country.
Thompson: Does he have a passport?
Laham: He has a passport, but he stm cannot go.

Thompson: He would be reluctant to go.
Laham: Yes.
Thompson: It remajns then only for me to thank you for your tjme jn
helpjng us today get to the bottom of the facts jn tMs case.
Thank you.
Tape Sjde A
DR. JOSIAH THOMPSON, prjvate jnvestjgator conducted the jntervjew.

See his affidavH of November 15, 1985
10/25/85
1:12 p.m.
Locatjon: Damascus, Syrja, apartment above Studjo Adjb
Indjvjduals Present: Mohamman Hassan Al Ho1ibj
Ho1ibj speaks through a translator.
Thompson: Thank you for comjng here Mr. HoHbj.
Mr. HoHbj, would jt be possjble for you , jf jt were

jmportant, desirable, would jt be possible for you to travel
to the UnHed States and testHy jn tMs case?
Holibj: No, he can't.
Thompson: Could you tell me why?
HoUbj: He says he has personal reasons and other thjngs, that he

js stHl under the age of 50, and there js the possibHity
of hjm bejng recalled to the reserves.
Thompson: So he's jn the reserves.
Holibj: Yes.
Thompson: Ok. In that case, would you be so kjnd as to rajse your

right hand and we wm administer the oath. In the testimony
you are about to give, wm you tell the truth, the whole truth,
and nothing but the truth?
Holibi : Yes.
Thompson: Could you tell me your full name.
HoBbi: Mohamman Hassan Al HoHbi.
Thompson: Your address, your present address.
HoHbj: (Arabic, unclear)
Thompson: And your identity card number.
HoHbi: 0205770.
Thompson: Sorry for these formalities. Your present profession or job
EXHIBIT C (WITNESS #3)

HoHbj: Contractor.
TinK: In 1980, what was your profession or job?
Ah, I don't want to turn off this tape once H 1s started, so

we'll neither have to turn your over. What's actually going
on now is that Maida was making another tape. Do you
want to turn H over to r..1aidz? Just fHp the tape, is that
the problem. I tMnk you'd better eject. I would not force
H, you can break H easHy. There we go. And now we've
turned the tape over, now going on the second side. Are
we recording? OK, fine. Thjs tape has been runnjng
continuously.
Mr. HoHbi, I asked what was your professfon in 1980?
HoHbi: The same tMng.
Thompson: Where were you Hving in 1980?
HoUbi: The same address he Hves in now.
Thompson: You've been at the same address and in the same profession
since 1980?
HoHbi: Yeah, the same.
Thompson: How did you first become aware of the Amerkan firm INCOSER?
HoHbi: He sajd that Bassam Al Khtjb came in and jnformed him about
the INCOSER and Al Ahmed and asked Mm about investing some
money.
Thompson: OK. What, when Bassam Al Khtib explained thjs scheme to you
where did that occur and when did that occur?
HoHbj: He said late in 179 he came to Ms house and told Mm, or the
beginning or 180.
Thompson: Late 179 or beginning of 180.

And that occurred here in Damascus?
HoHbi: Yes.
Thompson: How was the scheme explained to you. What were you to do
and what were you to get? Generally, what was the deal?
HoHbi: He knows the Bassam for awhHe. When he told him he is

gojng to bring cars and Hke caravans, sleeping cars like New
York City cars and customized vans. So a different style and
dHferent version of it and he explained about H to him, Bassam
he explained H to him. So he was, he was exdted and he, he
was able, he was jnterested to get involved.
Thompson: What did he have to do to get involved?

HoHbi: He should have, he has to pay a hundred thousand dollars to
him to, to the Bassam so he can be part of the organization.
Thompson: Did he do that? And, if so, in what form did he pay the
hundred thousand dollars?
HoUbi: He says he gave him a check and he got a receipt, he received

a, he had a receipt for the check.
Thompson: So he gave Bassam a hundred thousand dollars. Did he

receive that check back again at any point in time?
Holibi: He said he returned it after a whHe to him and he told Mm dght

now the scheme is possibly ceased for the moment or dead, we're
not sure.
Thompson: How long a period of time elapsed from the time the check was
given to Bassam untH it was returned?
HoUbi: Either six or seven months.
Thompson: What was he to get for the hundred thousand dollars jf the
scheme had gone into effect?
Holibi: He said he's getting a couple of them as samples and of course

he's going to be part of the organization.
Thompson: He would then be part of, he would receive a couple of vans or

several vans as samples for his hundred thousand dollars and he
would be placed in Bassam's sales organization.
Holibi: He said yes, that's what was supposed to happen.
Thompson: Was he given any special territory that would be his?
HoUbi: Yes, he said he was organizing in the area for each person.
Thompson: In what particular area would Mr. HoUbi have had for his
territory?
Holibi: In Damascus.
Thompson: Damascus itself, that would be a very lucrative area. Were

you ever shown photos or pictures of these vans that you would
have been, had for sale.
Holibi: He said he showed him quite a few different styles, different

models for the vans.
Thompson: Bassam?
Holibi: Bassam.
Thompson: These were in what form. Were they in the form of

photographs, or pktures or sketches or what? For catalogues,
or what?
HoHbj: He sajd H was a lhtle small catalogue, about three, four or five
pjctures.
Thompson: I see. WhHe the scheme was ju operatjon, djd he have any hot
prospects?
HoHbi: He sajd he had a few people ready to buy.
Thompson: Did, in his opinion, did the scheme seem to be vjable,

profitable, and a money-maker?
HoHbi: He said he felt that he would, jf H worked out and finished, he

would have made, he would have doubled his money.
Thompson: Why? Why was H viable.
Holibi: He said that these things are really, people wanted jt really
bad, and they had the money, but they want the merchandise.
If they had jt, they would be able to sell it.
Thompson: If all thjs is the case, then why djd the scheme collapse?
Why didn't it work?
He felt that the war was the cause of the whole thing.
Thompson: Could you explain a Httle more about that? Because that's
what so interestjng. How the war . •
Holibi: In case of a war like this, people usually are afraid to spend
their money, so what they do as soon as the war breaks out,
they try to keep as much cash as they can jn thefr pocket, just
to, so they may not be able to sell any thjng and they may hurt
themselves.
Thompson: Before we went on tape, just now, had you and I ever
exchanged any words?
Holibj: No, he dMn't.
Thompson: Before we went on tape, did I eHher threaten you or offer you
any reward or inducement to testHy in this matter?
Holibj: He sajd no, you didn't.
Thompson: Before we went on tape, dj d I threaten you, or did anyone else

ever, pardon me, before we went on tape, has anyone else
spoken to you, and, offered you any reward or offered you any
inducement or threatened you jn any way to testHy jn any
partkular way in thjs manner?
Holibj: No, he sajd no.

Thompson: It remains just for me then to thank you, very much for g1vmg
me your time today and helping us get to the bottom of this.
And, finally, with your permission, jf I may take a photograph
of you and photograph your identity card. Thank you so much.
Tape Sjde B
10/25/85 1:38 p.m.

DR. JOSIAH THOMPSON, prjvate jnvestjgator conducted the intervjew.
See hjs affidavit of November 15, 1985
UNITED ST ATES OF AMERICA v. ISM AILI
Locatjon: Damascus, Syrja, apartment above Studjo Adib
Indjvjduals Present: MOHMOUD AL MANZALGY
Thompson: Mr. Manzalgy, I would Uke to ask you what I asked you I
asked the earUer potentfal witnesses. If it became important,
and of course the expenses were paid, would you be wHUng to
come the United States and testHy jn thjs matter?
Manzalgy: He would Hke to, but healthwjse he'es unable to; Ms doctor
would prevent Mm from flyjng.
Thompson: There are health reasons?
Manzalgy: Hjs heart, he has a heart problem. He cannot travel far.
Thompson: With that being the case, could I then ask jf you would be
wHBng to be sworn jn for the testimony?
Manzalgy: He said he will say the truth.
Thompson: In the matter you are about to testHy about, would you tell the
truth, the whole truth and nothing but the truth?
Manzalgy: He said (unclear).
Thompson: Thank you. Now, could you give me your full name? You full
name and address?
Manz~gy:Mohmoud Al Manz~gy.
Thompson: And your present address.
Manzalgy: He says he Bves in SoutMara East, of course we have his

number 1, and he is at the Bride Store, called the Bride Fair.
Thompson: Ok. Mr. Manzalgy, could you explain to me why you don't
have an Ld. card, an identity card, at the present tjme?
Manzalgy: He sajd we have a new system now, and it is takjng a whHe to

get it done, so he's been waiting for his i.d. for a while. He's
expectjng it any time soon. That's why he doesn't have it, they
just took his old j. d. and he's going to get a new one soon.
Thompson: Instead of that, you've permitted me to look at and then
EXHIHIT D (Witness #4)

photograph a Chamber of Commerce jdenthy card for the dty of
Damascus. Is that correct?
Manzalgy: He sajd yes.
Thompson: Ah, what js your present professjon or job?
Manzalgy: He sajd he's, he sajd he's a merchant and he's a member of the
Chamber of Commerce. He sajd he jmports casmatks and other
other hems.
Thompson: Casmatks?
Manzalgy: He does all kjnds; dght now he's jmportjng casmatks.
Thompson: What are casmatks?
Manzalgy: Make up, and
Thompson: Cosmetks !
Manzalgy: Cosmetks, I'm sorry.
Thompson: Cosmetks. Was that your professfon jn 1980?
Manzalgy: He sajd yes.
Thompson: And before that I understood that you were a pharmadst.
Manzalgy: Yes.
Thompson: Where were you Jjvjng jn 1980.
Manzalgy: He was Hvjng jn Damascus.
Thompson: How dj d you first become aware of the American firm called
INCOSER.
Manzalgy: He sajd that, ah the first tjme he was aware was when hj s
relatjve Bassam came over to hjs house and he expJajned to hjm
about the, he knows he's jnterested jn jmport and export and
jnterested jn makjng extra money so he told Mm that he knows
he has some money, therefore he approached Mm and he
expJajned to hjm about the case and he was jnterested jn jt,
Thompson: When djd that occur?
Manzalgy: He sajd toward the end of 179.
Thompson: That was explajned by Bassam?
Manzalgy: Of course.
Thompson: What dj d Bassam expJajn to you about what the scheme was?
What did you understand the scheme to be?
Manzalgy: He said that when he came and explained to him about what kind
of cars they were going to deliver and what kind of scheme they
were working, he, ah •.. and he already had spoken to other
people about it, they were talking about these things, he knows
that people wanted these tMngs, therefore he was really inter-
ested because he knows he's going to make the money because
the people wanted it very badly.
Thompson: What was the deal? What did you have to give and what did
you get?
Manzalgy: He said he knows that he is supposed to be member to pay

$100,000 and then he wm get some kind of dealership and he be
able to sell and double hj s money.
Thompson: Did you come up with the hundred thousand bucks?
Manzalgy: For him was, ah, it was a, he didn't have the cash all at once,
he had to sell some of his merchandise, and ah, without even
making the profit because it was a marginal profit, short or
lease merchandise anyway, but he sold it and he was able to
secure the hundred thousand dollars and gave it to Hassam.
Thompson: In what form was the hundred thousand dollars given to

Hassam?
Manzalgy: He gave him, he gave it to him by check.
Thompson: When?
Manzalgy: He said in the end of, toward the end of '79.
Thompson: Did he ever receive it like, that check back again?
Manzalgy: He received like, toward seven eight months later.
Thompson: Was he to be a member of Bassam 1s sales organization?
Manzalgy: Yeah, he said it was like a unifying organization where

everybody would be a member and take part and also he would
be delegated a certain area to sell.
Thompson: Which area was that? Was to be his territory?
Manzalgy: He has the dty of Halab.
Thompson: Halab is where?
Manzalgy: In the northern part of Syria.
Thompson: Ah. In this context while the scheme was alive, did you ever
see any photos of vans?
Manzalgy: He sajd he saw dHferent styles of vans and dHferent models of
thjngs.
Thompson: DHferent jn what form? In terms of photos, pktures, what?
Manzalgy: He sajd he saw some catalogues.
Thompson: Were the vans to be, was the hundred thousand dollars to
pay for tMs territory, or were you to get sample vans?
Manzalgy: He sajd he would have bought a dealershjp and also part of

samples for vans.
Thompson: rnd he have any hot prospects for vans durjng thjs tjme? rnd
people want to buy what he was gojng to be selUng?
Manzalgy: He sajd he had quHe a few people ready to buy, wHHng and
able to buy.
Thompson: In hjs opjnfon was it a scheme where there was consjderable

profit to be made?
Manzalgy:He sajd he expected to make a lot of money.
Thompson: Does he have any jdea how much he would make per van?
Manzalgy: He expected a Httle more than a double.
Thompson: The mark-up would be about double. Does he know why the
scheme collapsed?
Manzalgy: He sajd that there were people, we feel as we all do, that whne
the war break out, felt that to keep cash jn thefr pocket would
be better off than havjng anythjng else.
Thompson: So H's baskally the same thjng that I have heard before the
jnstabHity in the regjon. Before going on tape, we spoke a bit
but not about tMs case. We had something to eat together, and
we spoke about (unclear) . Is that correct?
Manzalgy: No, we djdn't about it at all.
Thompson: Then before gojng on tape, you and I have never talked about
thjs case before. Before gojng on tape, djd I or any other person
offer you any reward or inducement to testify jn any partkular way
in tMs matter?
Manzalgy: No, he understood that.
Thompson: You understand that, jn ••. , before going on tape djd I or

anyone else threaten you in order to get you to testHy in any
partkular way?
Manzalgy: No.
Thompson: It remains just for me to thank you, and for the tjme and
trouble jn he}pjng me to get to the bottom of thjs.
(
OCT ;:: 9 1984'

At~.'d!.... . . . . . . i?.M.
ALLYN Z. LITE

DISTRICT OF' NEW JERSEY
UNITED STATES OF AMERICA Criminal No. 83-199
v. ORDER REGARDING PRIVATE

INTERLOCUTORY SALE
TRACY WONG
This matter having been opened to the Court by W. Hunt
Dumont United States Attorney for the District of New Jersey
(Bruce Repetto, Assistant United States Attorney, appearing)
for an Order for the Interlocutory sale of the property
described in the deeds attached to this Court's Order of May
30, 1984; and it appearing that an interlocutory sale will be __ .,
in the best interests of all concerned; and for good and ENrrv~R-W
on
Jj,_ J:L..l..!:J...t.,...~~
THE DG0r(ET
sufficient cause.
IT IS on this 'Jf ALLYN Z. Ll~L~

day of October 1984;
BY::::7:?t (C,,. d.
ORDERED that pursuant to Title 28 United States Code,
on jtJ, eJ-f
I
(Deputy Cli
11
Section 200l(b) the United States Marshal for the District of
New Jersey or his authorized designee under the auspices of the
National Asset Seizure and Forfeiture Program, is authorized to
dispose of this property at a private sale for cash or other
consideration and upon such terms and conditions as the Court
approves, if the Court finds that the best interests of the
estate will be conserved thereby, and to utilize the services
of a licensed real estate broker in disposing of said real
estate;
(
- 2 -
IT IS FURTHER ORDERED that no private sale shall be
confirmed at a price less that two-thirds of the appraised
value of the real property;
IT IS FURTHER ORDERED that before confirmation of any
private sale, the terms thereof shall be published in The New
York Times, The New York Post and The Newark Star Ledger at
least ten (10) days prior to any confirmation;
IT IS FURTHER ORDERED that from the proceeds of the
sale the United States Marshal Service shall pay the Sag Harbor
Savings Bank the outstanding mortgage principal of $52,828.38
plus interest owing on this property, and
IT IS FURTHER ORDERED that from the proceeds of the
sale the United States Marshal Service shall pay the Suffolk
County Treasurer $2181.13 in delinquent taxes, penalties and
interest owing the Town of Southampton on this property up
until November 26, 1984, after which date additional interest
will be owing.
• Stern
'ct Judge
(, UNITED STATES GOVERNMENT
f)
OA1'E: OCTOBER 22, 1984 memorandum
HEPLY TO
ATTN OF:
EUGENE G. LISS, u.s. Marshal
SUBJECT:
Legal Advertising
Clerk, u. s. District Court

AUSA BRUCE REPETTO
Re: USA vs TRACY WONG
~ CRIMINAL 83-199
With reference to the the above captioned ~ase, forwarded

herewith find:
with Affidavit THE NEW YORK TIMES
(Publication Media)
possible.
(Date}
F 1 LED
ocr '.6 ·~. '1984
0~ /
.'Jt·... J..d.................
At,psu~ .
ALL'i'N
7
z. LITE
tM .

(REV. 1-110)
GSA FPMR(4I CFR) 101-11.I
5010-114 .
j :
O!J Sbr New ijork limes
229 WEST 43 STREET. NEW YORK. N.Y. 10036
NOTICE OF COURT HEARING

By order• of the United States 01&-
trlct Court for the District of New
Jersey notice Is given of a hearing
, before the Honorable Harbert J.
CERTIFICATION OF PUBLICATION
Stem at 2:00 p.m. on October 22,
1884 at the U.S. Post Office. and
Courthouse Building, Newark, New
Jersey 07101 . At this hearing the
Court may order the sale of the
property on Little Noyack Path in
the State of New York, County of
--1.../;_.__:,lc:....:;i,..'L___,.;.;1;,..i._s.;____ 19 &:c/
Suffolk, Town of Southampton more
parttcularty described as follows: ·
BEGINNING: at the southwesterly I. ELAINE MOORE , in my capacity as a Principal Clerk
corner of the premises about to be
described, where the same is Inter-
sected by the northerly side of
lands now or formerly of Heirs of
of the Publi:sher of ebt~twUorklimtS a daily newspaper of general
A. M. Cook; running thence from
said point or place of beginning, circulation printed and published in the City, County and State of Ne"'
along the easterly side of land now
or fonmerly of WIiiiam s. Haines
North 03 degrees 26 minutes· 24 > York. hereby certify that the adHrtisement annexed hereto was published
seconds East 783.89 feet to· the
southwesterly side of llttle Noyack
Path; thence In a general southerly
in the editions of lbeNtwijorkeimu on the following date or dates.
direction along the . sout11westerly
, and westerly sides of Little Noyack
Path, the fo.llowing three courses
to wit on
and distances; (1) South -12 de•
grees 21 minutes 1 o seconds East
21!,2B feet; (2) South 23 degrees 1 O
minutes 40 seconds East 342. 71
feet; (3) South 00· degrees 1 o min-
utes 05 seconds East 347.89 feet
to land now or formerly of Heirs of
A. M. Cook; thence South 64 de--,
grees 19 minutes 40 seconds West
along . the last mentioned land
209.92 feet to the point or place ol
beginning,
BRUCE REPETTO
Dist. of New JerS<!y
- - - - - - - - - - - - - - X
THE UNITED STATES OF AMERICA, C.R. No. 8 3-1 9 9

Hon. Herbert J. Stern
Plaintiff,
- against - AFFIDAVIT
TRACY WONG,
Defendant.
1
- - - - - - - - - - - - - - - - X AUG 3 1 i984
A.t 8:30 .................................jJ.,M
STATE OF NEW YORK) ALLYN Z. LITE
) ss. :
COUNTY OF NEW YORK)
TRACY WONG, being duly sworn, deposes and says:
1. I am the Defendant in the above-entitled action
and I submit this affidavit to supplement the affidavit hereto-
fore submitted by my attorney, David Breitbart, in support of an
application pursuant to Rule 35 of the Federal Rules of Criminal

Procedure for a reduction of my sentence.
2. The Court, at the time of sentencing, was in pos-
session of a pre-sentence report and a pre-sentence memorandum
filed by Mr. Breitbart. The pre-sentence report which set forth
the government's version of the nature and circumstances lead-
ing up to and surrounding my involvement in the criminal acts
charged, was inaccurate in many respects. These inaccuracies

were never brought to the Court's attention and will be set forth
herein.
3. The Court was also not aware of certain facts re-
lating to my willingness to cooperate with the government prior
to my indictment, which facts I believe, if known to the Court at

the time of sentencing, would have impelled the Court to give me
a much lighter sentence, one more in conformity to the sentences
imposed on the other cooperating defendants in this case.
4. For reasons that I do not understand, the pre-
sentence memorandum submitted to the Court by my attorney made no
mention of any of the above facts.

5. My first contact with the Federal Government oc-
curred in early February, 1982, when I received a telephone call

from James Nielsen, a Special Agent with the Drug Enforcement
Administration ("DEA"). Mr. Nielsen identified himself and
requested a meeting with me.
6. Al though I was obviously aware of Mr. Nielsen's
purpose in meeting with me, in view of my past drug activities, I
arranged to meet with him the following day without benefit of
counsel. As a matter of fact, I did not even consult with counsel

prior to my meeting.
7. At the first meeting with Mr. Nielsen, he revealed
to me sufficient specific information about dates and quantities
involved of narcotics transactions in which I had participated

and about Olayinka Fischer and Joseph Margarite, two principal
subjects, to make it clear to me that Mr. Nielson had substantial
knowledge about my illegal activities. Mr. Nielson was accom-

panied by Special Agent Cipriano.
8. Among other information, Mr. Nielsen wanted to
know the whereabouts of Margarite.

9. Mr. Nielsen told me that my cooperation was de-
- 2 -
sired and that I would be given consideration by AUSA Phillip
Sellinger if I cooperated. Mr. Nielsen did not make any specific
promises to me, but he did tell me that he believed I would be
able to retain my assets, including my shipping business, if I
cooperated. I told Mr. Nielsen that I would get back to him.
10. I immediately communicated with an attorney friend

of mine and requested that he assist me in locating an attorney
specializing in criminal matters, to represent me. With his

assistance, I located and retained David Breitbart, Esq., my
current attorney.
11. I met with Mr. Breitbart that same evening and
told him what had transpired. Mr. Breitbart told me that he knew
Agent Cipriano and had just beaten him on a large seizure of
marijuana on a boat.
12. I advised Mr. Breitbart that I had not seen either
Margarite or Fischer since July, 1979, when Fischer had been ar-
rested in Paris. I told Brietbart that I was concerned about the
fact that Margarite was allegedly involved in the Buddy Jacobsen
murder case. Nevertheless, I requested that Mr. Breitbart com-
municate with the government to discuss the areas in which they
wanted my assistance.
13. I spoke to Breitbart several times over the next
few days to inquire about his progress. He told me that he had
spoken to Agent Cipriano once, but that Cipriano did not seem to
have any information and had promised to call back later.
14. Several days later, Mr. Breitbart told me that he
- 3 -
had not heard anything further from the government, that "no news
was good news" and that there was nothing further to be done.
15. I had no further communication with Mr. Breitbart
or any one else on the matter until September 21, 1983, one and
one-half years later when, without any prior notice, I was

arrested.
16. I immediately called Mr. Breitbart and again asked
him to find out what assistance the government wanted from me.
Mr. Breitbart thereafter advised me that AUSA Sellinger had

facetiously told him that he would let me go if I helped him get
Henry Kissinger.
17. Thereafter, while incarcerated awaiting trial, I

constantly requested that Mr. Breitbart arrange for my coopera-
tion with the government and a plea bargain.
18. Despite my desire from the outset to cooperate
with the government, through a combination of circumstances which
I do not understand and over which I had no control, no such co-
operation was ever arranged.

19. As a result, through no desire of mine, I found
myself in the position of being the only defendant who had not
cooperated. It was this fact, more than any other I believe,
which was responsible for this Court's decision to sentence me to
a prison term much larger than was imposed on any other defen-
dant, including Ferneborg and Margarite, who were the principal
participants in these activities.

20. After my sentencing, I continued my efforts to
- 4 -
cooperate and, at my request, Mr. Brietbart arranged a debriefing
session with AUSA Sellinger. At the conclusion of this meeting
at which I was completely cooperative, I was asked to prepare
written memoranda setting forth my knowledge of various matters.

21. In March and April, 1984, I sent such memoranda
to Mr. Breitbart for transmission to AUSA Sellinger. The only

subsequent communication on the subject came when Mr. Breitbart
informed me simply that the government wanted boatload cases, not
little ones.
22. This further effort to asssist the government was

not only completely unsuccessful, it had the concomitant adverse
effect of placing me in great physical danager at Danbury prison
where it has become necessary to place me under special security

protection.
23. As a result of all of the foregoing, I feel that I
am being penalized for a series of events and circumstances for

which I was not responsible. In writing this, I am not, by any
means, intending to deny my substantial guilt or to imply that my
criminal activities do not warrant punishment. I am merely stat-
ing that I believe this Court would have been more lenient if it
had known all of the facts.
24. It does seem, however, in view of the sentences
imposed on the other defendants (either probation or less than
two years), that my sentence would have been considerably lighter
if my desires to cooperate had been implemented. The reasons for
the failure of communication between me, through Mr. Breitbart,
- 5 -
and the government are irrelevant. What is relevant, however, I
believe, is that this Court was not made aware of all of the
facts either before sentence or to date, in connection with this

application.
25. Insofar as the pre-sentence report is concerned,
the following errors are present:

Par. 1, Line 6:
(a) " • amount of thai stick
is 5,500 pounds •• • amount of cocaine is 70 pounds."
This should be approximately 175 punds of

thai stick and 30 pounds of cocaine.
(b) Par. 4, Lines 1-2: " • • • Tracy Wong met
Joseph Margarite and GJosta Ferneborg, international drug dealers
their entire adult lives."
Implicit is the notion that I met Margarite
and Ferneborg for drug dealing. On the contrary, I met them in-
nocently at a social function, where they were introduced to me

as executives in the recording industry. After a bit of time
passed, they asked me if I could transfer some funds for them.
At this time, I was engaged as a legal businessman in the shipping
trade.
( c) Par. 4, Lines 2-4: "Wong told Ferneborg and

Margarite that he knew how to transport enormous sums of money
into and out of the United Staes without keeping any records."
This is not so. I said that I could transfer
funds, quickly, from one bank to another because of my shipping
involvement. "Wire transfers" are very common in my business
where, incidently, records and documentation are clearly kept.

(d) Par. 4, lines 4-5: "Ferneborg asked Wong to
transport a substantial amount of money to Bangkok, Thailand in
connection with a thai stick deal."
- 6 -
Ferneborg asked me to wire transfer funds,
approximately $20,000, to Bangkok, Thailand for travel expenses
and other operating costs, which was done through my Manufactur-
ers Hanover Trust account, in the name of Kemscott Trading Co.,
Ltd. -- resulting in full records and documentation. I did not
know the illegal purpose for which the money was intended, more-
over, since Ferneborg was a non-u.s. citizen, apparently with
no bank account of his own, I thought the request to be quite
normal.
(e) Par. 4, Lines 5-7: "Ferneborg told Wong that
the money transfer was an illegal venture, but Ferneborg did not
say it was for a drug venture."
No, see ,r (d) supra.
(f) Par. 4, Lines 7-8: "Wong transferred the

money and shortly thereafter began demanding a large amount
amount of money as his payment for such transfer."
No, I only received $3,000.
(g) Par. 5, Lines 3-4: "Margarite and Ferneborg

accepted Wong's of fer to smuggle coca in through his diplomat •••• "
No, I did not make an outright offer to smug-
gle cocain through the diplomat. Margarite and Ferneborg asked
me whether I could transport packages on any of my ships and I
told them that this was impossible for me to do. Here, they be-
gan to intimidate me with every possible exposure of my activity.
At this point I realized I was involved in an illegal venture.
( h) Par. 5, Lines 5-6: "Over approximately the

next two years • Wong arranged 8 separate drug deals. • • • "
No, only 6 transactions were attempted over
13 months.
- 7 -
( i) Par. 6, Lines 5-6: "Wong • • • carrying ap-
proximately $20,000 he infested in this venture. Wong gave the
money to Margarite."
No, I did not invest any money in this first

movement. Moreover, if, indeed, I had ways to "transport money
without keeping records," why would I carry the money on my per-
son and hand deliver it to Margarite, as stated above. Again,

if I had to transfer funds, I would wire transfer them, thereby
eliminating the risk of being searched at the borders. It is my
understanding that the money was "fronted" by parties unbeknowest
to me.
(j) Par. 7, Lines 1-2: "Wong carried $100,000

which he gave to Margarite to purchase the cocaine."
No, I did not invest $100,000 for the pur-
chase of cocaine, and again I would not carry it on my person.
I understood that the money for the cocaine was fronted by the
suppliers.
(k) Par. 8, Line 2: "Wong again invested

$100,000."
No, I did not.
(1) Par. 9, Lines 1-2: " .Wong, Ferneborg

and Margarite began to plan a trip to import approximately 3,700
poulds of thai stick marijuana."
No, I knew nothing about this movement; my
function was solely being the liason with the diplomat, and
clearly this role did not apply to such a large movement where
the services of the diplomat were not needed.
(m) Par. 9, Line 3: " • • • $100,000 of which came

from Wong."
- 8 -
No, I invested approximately $35,000 in what
Margarite represented to me as ligitimate trades in teak wood,
rubies and rice. This money was secured by the title to a Beech-
craft 18 aircraft, supposedly owned by one "Jesse Buck."

(n) Par. 9, Lines 6-8: "Actually, Wong, Mar-
garite and Ferneborg planned to raise $150,000 to finance the
remainder of the 3,700 pould load. This was accomplished by
Wong. • • • "
No, see ,r(m) supra.
(o) Par. 11 - Entire paragraph: "In May, 1979

• . • seized the thai sticks."
No, I never went to any other city except

Bogata for cocaine movements. The reason for this is because all
travelers are subject to possible search and seizure with any
travel within Columbia, consequently, the diplomat wished to keep

his movements to a minimum. Also, since international flights
only originated from Botata, the diplomat did not wish to subject
himself to the possibility of an additional search before board-
ing his plane from Cartaghana to Bogata.
(p) Par. 13, Lines 2-4: "Wong, however, told

Margarite that he knew other diplomats who he might try to enlist
inthe drug smuggling scheme."
No. Because certain people knew of my close
involvement with the diplomat, among whom was a Reutors News
Agency correspondent, Joy Elliot, who had the United Nations

beat. She was quite aware of the press coverage and AP wire ser-
vice reports, as a result of the diplomat's detainment in Paris.
Since I was also known to her, it would be foolhardy and stupid
for me to enlist more diplomats.
- 9 -
( q) Par. 14, Lines 1-2: "Wong told Margarite and
Ferneborg that he laundered his money through bank accounts in
several foreign countries."
No, no need to do this, since most of my
trades originated outside of the United States, i.e., both the
suppliers of commodities and the shipowners were uaually non-
American, therefore there was no need to "launder" funds which

were located out of the United States to begin with.
(r) Par. 14, Lines 2-4: "Wond told Margarite

that the reason for these foreign bank accounts was to hide the
money from the Federal Government to which he had not paid taxes
since at least 1977."
No, the reason I maintained certain accounts
was to facilitate various shipping transactions with a number of
third-world countries and/or companies, who booked their letters

of credit with localized and, usually, very small banks.
(s) Par. 15 - Entire Paragraph: "After the deten-

tion of Fisher • • • 11
That absolutely never happened.
II
(t) Par. 16, Line 1: • Wong made approxi-
mately $450,000 in profit • • • "
No, I made approximately $150,000, of which
approximately $50,000 went to the diplomat. The balance of the

funds was spent.
26. In view of the foregoing, I urgently request this
Court to reconsider and ameliorate its sentence and give me an
opportunity to appear before the Court on this application to
enable me to expand on the facts contained in this Affidavit.
27. The price I am paying for my crime -- my incarcer-
ation -- has been and still is a very dear one. And I shall pay
- 10 -
for it the rest of my life. This also comes with a sobering
sense of humiliation and disgrace. Not only have I disappointed
myself; I have dashed to the ground the lofty expectations of
family and friends. The Chinese have an expression which charac-
terizes this strong feeling of total failure and despair: it is

"loss of face."
28. Unfortunately, this loss of face extended to my
parents, who painfully suffered from this experience. When I was

before you last, I mentioned the critical condition of my father,
then suffering from cancer. He died on March 11, 1984. Because

of my recent transfer from the MCC in New York to Danbury Prison,
I was not allowed to attend his funeral in St. Louis. This one
incident shocked me more than any other and made me realize the
extent and impact of my loss of liberty. As a result of my ab-
sence at the painful passing of a loved one, my life forever will
be plagued with the deepest sense of personal guilt and remorse.

29. My mother, too, is going through a period of loss
equal to that experienced when my sister died and when she was
divorced from my father. She has a history of depression. I

simply would like to point out that my mother's healthy years,
both mental and physical, are numbered, in light of the above, of
her age and her severe arthritic condition.
30. I now realized what the Court meant when it said

punishment was its main intent in sentencing. The months spent
at MCC and now at Danbury are filled with regret, humiliation

and sorrow. Punishment goes far beyond the mere deprivation of
- 11 -
those obvious material needs and wants which every inmate craves;
punishment really is where the "bars," instead of being made of
iron, are those forged from ignorance, insensitivity and fear.

31. Given my background, I hope you can sympathize
with my bizarre feeling of loss in not being among "educated
people." Up until my incarcertaion, I took for granted the gift

of knowledge and yearning for the truth given by my training. In
retrospect, I now understand why I assumed such a cavalier atti-

tude: I was a person under the daily influence of drugs, either
alcohol, marijuana or cocaine. This was not pointed out when I
first appeared before you. Upon my coming to Manhattan, some
time ago, my initiation into the "drug scene" was a slow but,
nevertheless, devastating one. Whatever the reason was -- peer
pressure, ego gratification or social interaction, I found myself

pulled into this ambiance where, quite frankly, drug usage was
accepted and taken for granted.

32. My experience with incarcertaion has caused me to
recognize the serious damage I have caused not only to society,
but to myself and all of those close to me. I hope to God that
my period of incarceration will be short enough for me to main-
tain a capacity for impartial observation, and to preserve my own
sense of humanity and compassion. In this regard, Judge Stern,
the fear I am experiencing in prison is overwhelming. Ever since

the day of my arrest, fear has been my constant companion. Fear
exists every waking hour as the result of the wrath or hostility
engendered from a seemingly innocent remark or unconscious stare.
- 12 -
Often I awaken perspiring heavily, experiencing strong heart pal-
ipatations and hypertension which have been totally foreign to me
prior to my incarceration.
33. In the final analysis, Judge Stern, your emphasis
on punishment as a deterrent seems to be the correct one. Since
my incarcertation, I have learned the tremendous difference be-
tween punishment and rehabilitation; for me the harsh aspects of

punishment, having been realized, prepares me for the road to re-
habilitation. However, the degree to which and the length of time
needed to discern this difference varies from individual to indi-
vidual. I can tell you, honestly, Judge Stern, that the lesson
has been learned. The weight of such punishment has been and re-
mains an overwhelming experience.
34. In view of everything I have written here, I im-
plore the Court to reconsider the sentence imposed upon me and to
reduce and/or modify it. I believe I have much to offer in the
rest of my life. A much shorter period of incarcertaion combined
with an alternative sentence such as work in a drug rehabili ta-
t ion center would adequately punish me and at the same time en-
able me to reconstruct my life in a useful, worthwhile fashion.

~f day of August, 1984.
~«-¾ Notary Public

lmWA:l.D ,'-\. DO UU::15
NOTAR.Z P.VBLIC
.Mi' COMMiSSl~l'i );)(PIRES MARCH 3lz 1988
- 13 -
F. ROBERTSON REAL. · INC.
R.R. # 1 Box 56 f};,
Noyac Road
SAG HARBOR, NEW YORK 11963
DATE JT!J\JF, ll.L, 198Li.
(516) 725-0200 SUBJECT TRAr.Y WONG A PPRAJS!J.r.s
TO
U. S.•.. JvIARSHALS. S:I<~RVIQE
S.OUTBJi~RN J?I.$TRICrr1 QF N ! Y.
26 FEDERAL PLAZA - ROOM 302
nt:w xmm J1 ..::J. 1Q~28

NrTENTION: M~ rtb¥A '.ill. wdfdt1U
Fl LE o
AUG 2 9 1984
At ~.:{._l!.1..
All YN
..JP ..
~-.. ··-~f...
lVI · ·
FQB 'I1RACY WONG. z. LITE
THANK )'."OU J'QR YOUR COOPERATION AND PATIENCE.
VRRY TRTTLY'-YOTTRS ,
-~~4;,Jt~
SIGNED EFZNTi:ST.. R. S.CJ:WDE
□ PLEASE REPLY ~ NO REPLY NECESSARY
NOYAC ROAD - COR. STONY HILL ROAD
NOYAC - SAG HARBOR. L. I.. NEW YORK 11963
AREA CODE 51 6 725-0200 OR 725-0697
JUNE 12, 1984
APPRAISAL FOR THE IMPROVED PROPERTY

OF TRACY WONG
I. THE FOLLOWING APPRAISAL IS FOR AN IMPROVED PROPERTY LOCATED
AT NO# LITTLE NOYAC PATH, BRIDGEHAMPTON, TOWN OF SOTTTHAMPrON,
COUNTY OF SUFFOLK AND STATE OF NEW YORK AS FOLLOWS:
A. ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LA ND, wrrH THE
BUILDINGS AND TMPROVEMENTS THEREON ERECTED, SITTTATF:, I,VING Ail-ID
BEING IN THE TOWN OF SOUTHAMPTON, COUNTY OF SUF1i10LK, STATE OF
NEv-F YORK, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
BEGil~TING AT A POINT ON THE WESTERLY SIDE OF LITTLE NOYAC PATH,

WHICH POINT OF BEGINNING IS SITUATE THE FOLLOWING TWO ( 2) C01ffiSES'
AND DISTANCES ALONG THE WESTERLY SIDE OF LITTLE NOYAC PATH FROM
THE POINT FORMED BY THE WESTERLY SIDE OF LITTLE NOYAC PATH AND
THE NORTHEASTERLY CORNER OF PREMISES NOW OR FORMERLY OF O. MfffiOV
AND J. MORTON:
(1 NORTH 00° 10•. o.5ur WEST 347 .89 FEET TO A POINT, AND
1
. ).
( 2 ) THENCE NORTH 23° JLO t 4on· 1'lEST 131.J4' TO THE POINT OR PLACE
OF BEGINNING::
THENCE, FROM THE POINT OR PLACE OF BEGINNING NORTH 86° 33' 36":
WEST 132.68 FEET•
THENCE, SOUTH 03 6 26' 24 1t. WEST 520 •. 96 feet;
THENCE, NORTH 86° 33\' 36" WEST 290 .. 20 FEET;·
THENCE, NORTg ALONG LANDS NOW OR FORMERLY OF G. HAROJ,D
WILLIAMS 04 00' 30" EAST 540 •. 90 FEET;
THENCE, SOUTH 86° 33.f 36°' EAST 407 .49 FEET TO THE WESTERLY
SIDE OF.LITTLE NOYAC PATH;
THENCE, ALONG THE WESTERLY SIDE OF LITTLE NOYAC PATH SOTTTH 23°
10' 40"'. EAST 22' .. 37 FEET TO THE POINT OR PLACE OF REGii\TNING.
II., THE IMPROVED PROPERTY ON AP-PROXIMATELY 2-½ ACRES,: LOCATF.D ON
LITTLE NOYAC PATH CONSISTS OF A TWO (2) STORY CONTEMPORY HI-SALT
BOX, FRAMED AND INSULATED STRTTCTTffiE WITH CEDAR SHAKE E-X:'T1F.RI0R,
AND ASBESTES ROOFING.
A. THE BASEMENT AREA CONSISTS OF:
12 COURSE CEMENT BLOCK, POURED CONCRETE FOTThIDATION, ONE (1) CAR
IN-HOUSE GARAGE WITH A DISMANTLED FRANKLYN STOVE, CON AIR TANK
(WATER HOLDING TANK), 150 AMP CIRCUIT BREAKER, SEARS ELECTRIC
GARAGE DOOR OPENER, LAUNDRY/ UTILITY ROOM WITH G.E. WASHER/DRYER,
NOYAC ROAD - COR. STONY HILL ROAD
NOYAC - SAG HARBOR. L. I., NEW YORK 11963
AREA CODE 516 725-0200 OR 725-0697
PAGE 2
A. TWO (2) ZONE UTICA OIL BURNER WITH OIL FIRED HOT WATER, PARTIALLY
FINISHED BASEMENT WITH ONE ( 1) BED ROOM 11' -9"' X 13 '-7"' ( PLASTER
BOARD WALLS, WALL TO WALL CARPETING), DROP CEILING (FLORESCENT
LIGHT), CLOSET, 2 WINDOWS, ONE (l) BATH AREA 6'-6 11' X 6'-7"' WITH
SHO"\rlER, TOILET, SINK.
III THE MAIN (1st) LEVEL OF THE PREMISES CONSISTS OF:
a.. A LIVING ROOM AREA J'.6t X 25'-6"' WITH A TWO (2) STORY DNw.D
CEILING, TEN ( :tO) OVERHEAD BEAMS, HEARTH ( -FRA:NKLYN STCWF.) ,
HARDWOOD PLANK FLOORING, BAY WINDOWS ( 3 D01TBLF. I-ITTNG), 2 THRRMO-
PANE WINDOWS, 2 CUSTOM WINDOWS (TRIANGTTLAR IN SHAPE) A1'ID A SJ\•TALL
3'-4" ROOM DIVIDER BY A REAR ENTRANCE DOOR WAY
b. A REAR KITCHEN AREA 13 '-2'" X 10 '-6'" INCORPORATING A COTTNTER
TOP 2 1 -1] 111 X 10'-2 11 , G.E. DISHWASHER, HOT POINT RANGE (ELECTRir.),
HOTPOINT REFRIGERATOR, 2 WINDOWS, CABINETS AND A PANTRY.
c. A REAR BATH ROOM 4'-l.0 11! X 9'-7 111 WITH A BATH-Ti:TB, snm:, TOILET,
CLOSET AND 1 WINDOvJ
d. A REAR BEDROOM 9 1 -]0" X ]0t-9 11·, CLOSET WITH 2· WINDOWS.
e. A FRONT BEDROOM 12' X 13 1 -2n, WALL TO WALL CARPETING, TWO (2)
CLOSETS, AND 3 WINDOWS.
f. A FRONT ENTRANCE FOYER WITH QUARRY TILE FLOORING AND 6NE
(1) CLOSET.
IV THE SECOND (2nd) LEVEL OF THE PREMISES CONSISTS OF:
a. A LARGE LOFT AREA 19'-.5" X 2,5 1 WITH 2 WINDOWS, A DOMED STTTCO
CEILING, A CLOSET, A BATHROOM 5 1 -7 11 X 6•-6 11 WITH TOILET, SINK,
SHOWER, 1 WINDOW AND A DOWN STAIR WAY LEADING TO THE MAIN LEVEL.
V THE EXTERIOR OF THE PREMISES CONSISTS OF:-
a. A FRONT DECK lOt X 29'
b;. OUTSIDE SHED (NEXT TO GARAGE DOOR)
c. EXPOSED LARGE OIL STORAGE TANK (550-1,000 GALLON)
d.. BLUE CHIP DRIVE WAY
e. REAR DECK AREA
A- 46 1 X 70 1 ENCOMPASSING AN IN GR0UND 20' X 40'
SWIMMING POOL
f. WHITE ALUMINUM l)OWNSPOUTS AND GUTTERS
(
§ ~ ~ fnc.
NOYAC ROAD - CCR. STONY HILL ROAD
NOYAC - SAG HARBOR. L. I.. NEW YORK 11963
AREA CODE S 1 6 725-0200 OR 725-0697
PAGE 3
VI .AS APPRAISALS BY COMPARISON FOR THE AFOREMENTIONED DEVELOPED PROPERTY:

1. SIMONETTI TO WRUBEL 4/3
EITTLE NOYAC PATH 0900/b12/001/21.2
BRIDGEHAMPTON 2.4 ACRES
CONVEYED 6/83 @$2?5,000.00
2. OURUSOFF TO MEYER 3/2·

NO¥AC PATH 0900/b81/bo1/b1.2
BR IDGEHAMP/TON 1.4 ACRES
CONVEYED] 84 ~:150, 000. 00
3. DeLIA TO COVELL
MILLSTONE ROAD 0900/050/bo1/b2.L1.
BRIDGEHAMPTON 1.2 ACRES
CONVEYED 7/83 @,$'175,000.00
IN SUMMATION, A FAIR MARKET VALUE FOR THE FORMER TRACY 1tJONG

PREMISES WOULD BE $225 ,-000 •. 00
RESPECTFULLY SUBMITTED,
~✓ .9~4
LICENSED REAL ESTATE BROKER
(
i. :F. ~ ~ f~.
NOYAC ROAD• COR. STONY HILL ROAD
NOYAC · SAG HARBOR. L. I•• NEW YORK 11963
AREA CODE S 16 725-0200 OR 725-0697
JTTNE 12, 1984

PAGE 4
APPRAISAL FOR THE UNIMPROVED PROPERTY
OF TRACY WONG
VII THE FOLLOWING APPRAISAL IS FOR AN lTNI:MPROVED PROPERTY LOCATED

AT NO# LITTLE NOYAC PATH, BRIDGEHAMPTON, T01r,TN OF SOtTTHAMPTON,
COUNTY OF SUFFOLK AND STATE OF NEW YORK AS FOLLOWS:
A. SEE PARAGRAPH IA AS PREVIOUSLY DESCRIBED AND INCLTTDING STTB-
PARAGRAPHS (1) AND (2) FOR APPRAISAL OF THE IMPROVED PROPF.RTY
OP TRACY WONG.
VIII AS APPRAISALS BY COMPARISON FOR THE AFOREMENTIONED

UNDEVELOPED PROPERTY:
1. TRIFARE TO SETSUO
NOYAC PATH 0900/oLt.B/001/06 .1
BRIDGEHAMPTON L~ ACRES
CONVEYED 4/84 (a),:f:;105,000.00
2. WAYNOR CORP. INC. TO LIPTON

LITTLE NOYAC PATH 0900/03S/bo2/4R.6
BRIDGEHAMPTON 2. L1_ Ar:RF.S
CONVEYED 5f8'4 @$60,000.00
3. PICKERING TO ZORNOW
NOYAC PATH 0900/ol~8/001/022·
BRIDGEHAMPTON 3 ACRE8
CONVEYED 3/84 @!tl;85,ooo.oo
IN SUMMATION, A FAIR MARKET VALUE FOR THE FORMER TRACY WONG

UNDEVELOPED PROPERTY WOULD BE ~i90 ,000 .OO
RESPECTFULLY SUBMITTED,
~~~/4/4
LICENSED REAL ESTATE BROK.ER
June 29, 1984
U.S. Marshall's Office

26 Federal Plaza (Room 302)
Attention: Ruth Worsley
Dear Ms. Worsley:
At your request, I have inspected the properties located

on the north side of Little Noyac Path, Southampton, New York.
Consideration was given to location, permitted use, and

analysis of comparable sales in determining market value for
the subject property.
Based on the foregoing, and subject to the contingent and

limiting conditions expressed in the appraisal report, my
opinion of value for the fee simple interest in the subject
property, as of the date of appraisal June 20, 1984, is as
follows:
Improved property $220,000

Vacant parcel 80,000
Total value of properties $300,000
/
½/
Ve ,
r ey A. Quatroche, SRA
MAQ:grn FILED
AUG 2 9 1984
At
t·d1. /J
~...J..~........ ········ ....... fl.M
·
ALLYN L. L.ITE
MORLEY A. QUATROCHE, SRA
MORJ,E'( APPR___AISAL SERYICE RODERICK 5. GREEN. JR.
38 HAMPTON ROAD SOUTHAMPTON, NEW YORK 11968 !516 283-8100

APPRAISAL REP.ORT
Properties of C. Theodore Wolf
S/S Little Noyac Path
Southampton, N.Y. 11968
PREPARED FOR
U.S. Marshall's Office
26 Federal Plaza (Rm 302)
New York, N.Y. 10278
Att: Ruth Worsley
PREPARED BY
Morley Appraisal Service
Robert M. Scerbo
Morley A. Quatroche, SRA
38 Hampton Road
Southampton, New York
B No. 207-808611·1 Rev. 7179
nESIDENTIAL APPRAISAL REPORli. ...·ed June 20 , 1984F ieI N 0
""'"'ID{,* To u.s,
Marshall's Office Census Tract Mao Reference
Property AddreS/S L i t t l e Novae Path(Survev S6-D5299ldated 4/27 /71 bv Sa1·ires, HQlden &__
c,tWeisenbacher Southamoton County Suffolk State New York Zip Code 11968
Legal Desc,&\U@folk Countv Real Prooertv Tax M;i.o: Dis-t- QOO ~"''" A.2&J.ock__Q_l___,__Lru:27-~l&__43__._l5
Sale Price $ Date of Sale Loan Term yrs Property Rights Appraised~ Fee O Leasehold O DeMinimis PU0
Actual Real Estate Taxes$ 2 2 8 0 fiO (yd Loan charges to be paid by seller $ Other sales concessions
~~~~~~x~x~~!&~XXXXXXXXH~~xx~~~.ix~~N'l&X'XW~l'e{,W}elxx
Occupant Appraiser Morlev Annrai sa11structions to Appraiser
C:orvirP
Locat,on CJu,ban Dsubu,ban kJRu,al Good Avg. Fair Poor
Bud{ Up CJ over 75% 025% to 75% RJunder 25% Employment Stability
□ IKI □ □
G,owth Rate O Fully Dev. ORap,d !Jg steady □ siow Convenience to Employment
□ IX] □ □
Property Values [Xi Increasing Ostable ODeclining Convenience to Shopping
□ IX] □ Cl
Demand/Supply □ Shortage [}iln Balance Dover Supply Convenience to Schools
□ IX] □ 0
Marketing Time 0 Under 3 Mos. [}l4-6 Mos. Dover 6 Mos. Adequacy of Public Transportation
□ IX] □ □
Pre:,ent Land Use2...Q_ % 1 Family
--% 2-4 Family __%Apts. --% Condo -- % Commercial Recrea{ional Facilities Kl □ □ □
-- % Industrial -- % Vacant8_Q_ % Adequacy of Utilities Kl □ □ □
Change 1n Present Land Use [xi Not L, kely □ Likely(") OTaking Place(•) Property Compatibility Kl □ □ □
f•J From To Protection from Detrimental Conditions Kl □ □ □
Predominant Occupancy [X!0wner OTenant
- - - % Vacant Police and Fire Protection
□ IX] □ D
Single Family Price Range sl 2 5 • 0 Oll_ to s10 0 , 0 0 0 P,edominant Value s2 0 0 , 0 0 Q General Appearance of Properties Kl □□ □
Single Family Age N_e_W_ __ yrs to _ _J,J}__ yrs Predominant Age 2 yrs Aopeal to Market Kl □ □ □
Note: FHLMC/FNMA do not consider race or the racial composition of the neighborhood to be reliable appraisal factors.
Comments including those factors. favorable or unfavorable, affecting marketability (e.g. public parks, schools, view, noise) Portion S of Little
~.o.y_a.c__Ea.th__ a.r_e_ .i;,av_ed_.,_ with__ s e c t i o n in front of sub-iect orooertv unoaved.
~
---- - ---- --- ·-- - ---•--"

------
01mens1onsrmpr_~pa rce 1 2 547 a cre_s_,_vacantparcel 3 6 2 9 X!i<XOCM Acres □ Corner Lot

Zoning classification P-l?n Present improvements (3a do 0 do not conform to zoning regulations
Highest and best use: [x Present use D Other {spec• fy)
Public Other (0escrrbe) OFF SITE IMPROVEMENTS Topo __Hi_ll v
Elec Kl Street Access: rx.J Public 0 Private size ~ p zoned to 5 acres)
Gas
□ Er] 1z:ate._ Surface airt Shape Tr~=~11l ;ar
Water
□ Erj 1z:ate Maintenance: rx.J Public 0 Private View Wnnrl ;.rl
San.Sewer 0 0 Storm Sewer r::Jcu,b/Gut~e, Drainage No appar:em;---I1IQ_blems
Eri ~rnte
D Underground Elect. & Tel. 0 Sidewalk D Street Lights Is the property located in a HUD Identified Special Flood Hazard Area? (]No DY es•
Comments (favorable or unfavorable including any apparent adverse easements, encroachments or other adverse conditionsIF lood Hazard "C" -
area of mjn]maJ flood ba zard s ._
---
5(1 Existing □ Proposed Ounde, Const,. I No. Unit.s __l__ Type ldet, duplex, serni/det, etc_}I Design (rambler, split level, etc_) IExterior W~lls • ·-
Yrs. Age: Actua1_3__Ellect1ve_Q__to__Q No. Stories_2___ __ne_ta cbed two-s:!:;Qry____ Wood shingle
Roof Material IGutte,s & Downspouts □ None I Window (Type); wvvu =doutrt.-e--trtrrry ·I Insulation □ None □ Floor
Asphalt tile Painted aluminum D Sro,m Sash !Xl Soeens D Combination IK]Ceiling X:-J Roof rnwalls
OManufactured Housing f.~. ~ b Basement 0 Floor Drain Finished Ceiling --1'.a.rtially_
Foundation Walls ; Outside Entrance 0 Sump Pump Finished Walls Partjall'!
k,C_O.~P hlo~lr ~ ']{Concrete Floor
-- % Finished Finished Floor
D Slab on Grade 0 Crawl Space
"->
- Evidence of Ooampness □ Termites D Settlement
Comments
--~---
Room List Foyer L1v1nq Dining K1tche"._~ t----g!:'n Family Rm. Rec. Rm. Bedrooms No. Baths Laundry Other
-
Ba:,ement l l
1st Level , ·-- --- ---~-·-- ~---------
,, l
--
2nd Level - --- ---- ---1---

--- -----
~--
l l
-
Finished area above grade contains a total ot____6.__rooms__4.___bedrooms_3__baths. Gross Living Area 2042 sq.ft. Bsrnt Area __l__Q_9_2_ _sq.ft.
Kitch en Equipment: KJ Refrigerator [liRange/0ven D Disposal ~ Dishwasher ~ Fan/Hood □ compactor [Xwasher [j[] Dryer
□
HEAT: Type H/W Fuel oil -2 zon~nd. AIR COND: 0 Cent,al Oother OAdequate D Inadequate
FiuOr!> L.)J·hndwouJ OCarpei Over r::J Good Avg. Fair Poor
Walls
Tnm/F1nish
Bath FloOr
[)cr:lrywall
[XGood
□ ceramic
□ Plaster
□ Average
□
□
OFair 0Poor
i~ Quality of Construction {Materials & Finish)
Condition of Improvements
Rooms size and layout
Closets and Storage
ex
~
rn
□
D
□
□
□
□
□
□
□
□
□
□
Bath Wainscot Oceramrc
□ --------- rn
Special Features (including energy efficien, 11ems)
--
Insulation-adequacy
□ □ □
~' Plumbing-·adequacy and condition [}{
□ □ □
- --·-·-···- --- --·- ~
"~
Electrical- adequacy and condition ex □ □ □
ATflC 0Yes. l[]No 0 Stairway [ ] 0rop•sta1r CJ Scuttle D Floo,ed
Kitchen Cabinets-adequacy and condition ex □ □ □
Compatibility to Neighborhood [}{
□ □ 0
F1n1shed {Describe)
CAR STORAGE .5cJGarage G{Bu,11.,n CJ Attached
D
:::.] Detactied O
Heated
Car Port
"fl 0vP.rall Livability
Appeal and Marketability
Q3
Dl:
□
□ [7
□
□
□
No Cars 1 □ Adequate 1K] lnadf'quat"'" Cond1!101'70 ...:.. • ----- ...::t I Yrs Est Remaining Economic Life-5.Q. to-5..Q....Explainiflessthan LoanTarrn
FIREPLACES, PATIOS, POOL. FENCES. etc. idescribel Eree standing f i r e g l a c e [disconnected)- wood deck on
~ _ i n _ g : r o u n d 2001 __fil!rrQunded by large wood deck. macadam driveway
COMMENTS {1nclud1ng functional or physical inadequacies, ~epairs needed, modern•~ation, etc.) Minor caq::,entry regairs_ and
---pa-:Lnti.ng --·--\ -- --
-·· · · - - ·
----· . --l----
'('
--
MC Form 70 Rev 7 I 79 ATTACH OESC81PT1\-!:. PH0T0t)H1~PHS •""' ··---
' FNMA r
~-:,cl'."" \~
___________________v_A_L_u_A_T_ro_N_sl\;T pRoPER 1._Y:..,;..:.--=·:;;...-
__ -_~·_·_ _ _ _ _"'"'1\,\ ,\
Purpose of Appraisal is to estimate Market Value as defined in Cert11ication & State1'fh,_., -o 1m1 1ng Conditions (FHLMC Form 439/FNMA
If submitted for FNMA, the appraiser must attach (1) sketch or map showing location of subject. street names, distance from nearest intersect it...,"'
i\ \
detrimental_conditions and (2) exterior building sketch of improvements showing dimensions. -
Measurements No. Stories Sq. Ft. IESclMATED REPRODUCTION COST - ••EW - OF IMPROVEMENTS~· -
~x 26 x _ _ 2__ = 1352 _Dwelling ]976 Sq.Ft.@~L__• $JQ5,9]4
l.fi__x 26 X J¼ = 624 _ _ _ _ _ _ _ _ _ Sq.Ft.@$ _ _ _ _ =
1-----x ______ x - - - - - - = • - - - - - - - - - Extras --l?.oo-:J.-------------- -ll.,-2QG.
1----x _____ x ______________I ~ppliances =
~
2-,.0.0.0
,: _ _ _ _ _ x _ _ _ _ _ _ x _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Special Energy Efficient Items _ _ _ _ _ _ _ _ _ =
~ )I. _ _ _ _ _ _ x • jPorche,, Patios, etc . ...de.ckS---------= -2-l,8.0.0-
Total Gross Living Area (List in Market Data Analysis below} 1976 Garage/Car Port _ _ _ _ Sq. Ft.@$ _____ = 500
I Comment on functional and economic

obso] escence was not observed as the
snbject dwelling is architectnrally well Less
planned Economic obsolescence was not
obsolescence:Functional
!Total Estimated Cost New
Deprec;at;on$2QOO
Physical
$
Functional !Economic
$
=
z
Site Improvements (driveway, landscaping, etc.)
I
$(
2,000
$147 914
2.000
evident as the subject property is Joe Depreciated value of improvements . z $]45,914
a.te..cLJn a q)liet residential rirPri ,.,h;,.-.h ESTIMATED LAND VALUE . . . ~ $160,000
(If leasehold, show only leasehold value)
llilS recently been upzoned 305,914
INDICATED VALUE BY COST APPROACH R '-ded s:300, ODO
The undersigned has recited three recent sales of properties most similar and proximate to subject and has considered these in the market analysis. The descrip•
tion includes a dollar adjustment, reflecting market reaction to those items of significant variation between the subject and comparable properties. If a significant
item in the comparable property is superior to, or more favorable than, the subject property, a minus(-} adjustment is made, thus reducing the indicated value of
subject; if a significant item in the comparable is inferior to, or less favorable than, the subject property, a plus(+) adjustment is made. thus increasing the indica-
ted value of the subject.
ITEM I Subject Pro!"'r,tY __JL COMPARAB_LE NO. 1 i COMPARABLE NO. 2_ II COMPARABLE NO. 3
Address ager Lane Tanager Lane
rnp..ton_-----1+---~u.tb.a.IIllll.Qil
Proximit toSub·. ---lk~~~ mile N E
Sales Price ::::cll--c;>~
U..,...lLl.ilLcll -___c:;;;,.<~- : $ 9 4 1 5 QQ
Price/Liv in area ____ -----=¥-=-------=::,,.c_~----"=-!lf""'=-----==:c....:-___ _ _clc'.\~:.___-- '$ I
Data Source
Date of Sale and
fan-t.--band-- llr '""er 957 1
DESCRIPTION DESCRIPTION---Cfl-·~
J _I. 1Ad1ustment
.iher 9526
DESCRIPTIONAdjustme~t
fP 292
+(-)$
Liber 9191
DESCRIPTION
cl211.3
+ - $-
Adjjst~en
Time Adjustment ~ 371r4 11 12;a2 1
Location I
2 .1
'
acres ! 1. 8 acres'
Waterview
2.4 acres
(15,000
1
Quality of Const.
Age I
_C_q_nd_ition '
~ Living Area Room Total I B-rms I Baths Total I
~
B-rms
I
I Baths
I I '
Total , B-rms 1 Baths I
-: --~
Total 8-rms ' I Baths
Ji.I Count and Total I
~ Gross Livin.9. Area Sq.Ft. Sq.Ft. I S.9..Ft. I Sq.Ft.

I
~ Basement & Bsmt.

Finished Rooms
I
I
a£unctional Utility . ------ - · --------t------ll----------t------lf----------l
I I
11
l=i':I Air Conditioninq I I

I
l- -----~----·J
I
'
-·--,I
i
I
Special Energy I
Efficient Items I
1--------+---------,I -------~ -~+-----·-··· - t - - - - - l f - - - - - - - - - - - - - J - - - -
Other (e.g. fire-
places, kitchen
equip., remodeling)
-----------,-·---·
Sales or Financing
Concessions : ___ .___ __ __:~---------------~---
Net Ad'. (Total}
Indicated Value
of Subject
Comments on Market Data __T.hLs_a_ppr:..oach_was__Jltil ized __t_o__de_terrnine __marke_t_:\l_aLue_o.f__p_r.op__ert i,
..as_ihou.gh_.._3[acan t+_wilh___ each___parce l_worth _$ 80 ,_o_o O_. _____ _
rffl.iffifM&j'/tffl'3ttl;i:JU•iOf.iht•t:® '.rwo. parcels .@. $80,000 . $ 16 0. OO_Q
I ij4:i)J#JJ3•W·11(_1l§J5:iJU@lM\l·PAl:IJ.ia (If applicable} Economic Market Rent$ _ _ _ _ /Mo. x Gross Rent Multiplier _ _ _ = $ __Nj_A._ __
This appraisal is made IX] "as is" D subject to the repairs, alterations. or conditions listed below O completion per plans and specifications.
- -- Comments and Conditions of Appraisa1The __Repr.oduction . Cost Approach_was __used _to _determine._:value_o .
.all-improvernents._because_of.. _recent.construction.
F;nal Reconc;1iation:'J:'he--eornbination.....of-ReP-roduction .Cost.-and-the--Mar.keL--Data-Appr.oach._:was.

...the,_ b.as.i.&..cl onr e ss±.imated..Jna rket va J u . t c . . - - - - - - - - - - - - - - - - - - - - - -
Construction Warranty O Yes [2{ No Name of Warranty Program _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Warranty Coverage Expires _ _ _ _ __
This appraisal is based upon the above requirements, the certification, contingent and limiting conditions, and Market Val
0 FHLMC Form 439 (Rev. 10/781/FNMA Form 10048 (Rev. 10/781 flied w;th client
, ,,4
o~m )~ .
IJtl!!flMATE THE MARKET VALUE. AS DEFINED, OF SUBJECT PROPERTY AS OF June 20
Appra;seris)
Robert M. Scerbo, Staff Appraiser
VALUATION SECTION
-------------------.......
Purpose of Appraisal is to estimate Market Value as defined in Cert1f1c.Jtion & State,ient of Limiting Conditions (FHLMC Form 439/FNMA Form 10048)
If submitted for FNMA. the appraiser must attach (1) sketch or map showing locatic,n of subject, street names, distance from nearest intersection, and any
detrimental conditions and (2) exterior building sketch of improvements showing dime·nsions.
Measurements Sq. Ft. No. Stories
ES1ilMATED REPRODUCTION COST - MEW - OF IMPROVEMENTS:
26 x 26 1357 x 2
Dwelling ]976 = Sq.Ft.@$53 6Q,1 = $ln<:;" 01LI,
_)~6~_x -~2~6~--x ___J.u;¼,__--=----6=2c.4<------I-----------Sq. Ft. @ $ _ _ _ _ _ =
_ _ _ _ x _ _ _ _ _ _ x _ _ _ _ _ _ _ _=_ _ _ _ _ _ _ _ _ _ Extras ____,E.c,_,.~......_.l,___ _ _ _ _ _ _ _ _ _ _ _ _ =
]6,.700
l i ..a;,,n
_ _ _ _ x _ _ _ _ _ _ x - - - - - - - = : : - - - - - - - - - 1 - - - - - - A . , . f t - ' < t P ~....... ......c....e=s~-------- =
_ _ _ _ x ______ .- x ________=_ _ _ _ _ _ _ _ _ _ Special Energy Efficient Items _ _ _ _ _ _ _ _ _ =
____ x ______ x - - - - - - - - = - - - - - - - - - - l P o r c h e s , Patios, etc. ~ = 21,800
Total Gross Living Area (List in Market Data Analysis below) l 976 Garage/Car Port _ _ _ _ _ Sq. Ft. @ $ _ _ _ _ _ = c;nn
Comment on functional and economic obsolescence:~ional ___ Site Improvements (driveway, landscaping, etc.I
obsolescence was not observed as the Total Estimated Cost New
snbject dwe]ling is arcbitectnra]ly we]lLess Physical lsFunctional lsEconomic
nl ;,n-~rl 'Rrnnnmi r nhc:nl <>c:rPnrP '-'"C: nnt- Depreciation $_2<..>.0uO=Oc___c,,'-----""'------ 2
$ I ? 000
evident as t.he.. ..s11h;<>r+- nrnn<>r+-v ; C: 1 nr- Depreciated value of improvements, = $145.914
ated in a qniet re;ideutiai area wh;rh ESTIMATEDLANDVALUE = li_O__,__Qilll_·-~
(If leasehold, show only leasehold value)
has recently been @~z~o~n~e=d~·--------~ 305,914
INDICATED VALUE BY COST APPROACH R l.ded SJ_Q_Q__Q.()..Q_ -
The undersigned has recited three recent sales of properties most similar and proximate to subject and has considered these in the market analysis. The descrip-
tion includes a dollar adjustment, reflecting market reaction to those items of significant variation between the subject and comparable properties If a significant
item in the comparable property is superior to, or more favorable than, the subject property, a minus (-1 adjustment is made. thus reducing the indicated value of
subject; if a significant item in the comparable is inferior to, or less favorable than, the subject property, a plus {+) adjustment is made, thus increasing the indica-
ted value of the subject.
ITEM Subject Property COMPARABLE NO. 1 COMPARABLE NO. 2 COMPARABLE NO. 3
Address E/SLittle Noyat W/S Tanager Lane p/S Tanager Lane E/S Tanager Lane
n-+h c- ,+h~m~+h~ C ' - . . +'--m~+~~ c~, ,+1-.;amnt-nn --5f1u.thrimntnn
Proximitv to Subi. 1 mi 1 o. 1\7 IF 1 mi 1 e - 1;) IR _l_mi le Ni.E_ _ _
_S_al_es_P_ri_ce_ _ _r $ - - - - - - - r l l - - ------ • $ RO OO O -------- ------ '$ 7 8 0,Q_Q~ ~~; $ 9 4 5 0 0
Price/Livina area $ ill .,.----- ..____ : $ ill ------ ------- $ -JZI ~ '$ r1
~D~a~ta~So~u~rc~•~--.',.,,'ee~sa-+ T - - - " ,:,b.e.r---9-5.lJ._cp_~--!Uh8r 9526 ~-2-22 Liber 9191 C]2173
IDate of Sale and DESCRIPTION DESCRIPTION I AdjJ~tJent DESCRIPTION I Adjj~~ent DESCRIPTION I A~jJ~~
Time Adjustment 1-----'===--'-"=--+-nz=
/tl.;c.;;£1_=-'-"=-cc,===-'--11---"-3"'L"-i-B-'-4'i--C=~-+,====~--1.L"°;"'c;,;..;;.8L'
1--------+-------------------+-----tt-·--~-------.--------l+-----~--- -~ 1 - - - -..
I
Site/View ' 1 Waterview /15 000)
1 2.- -
4 -acres
Design
1 - ~and - ~ - - + - - - - - - - - - - - -2.
- -Appeal - -1- -
acres I - - f j ' - - - 1.
--~-- - -8- -acres
--+------tt-- - - - - ~ ~I - - - - ~
Oualitv of Const. 1 1
e======~-+---------¾----------·--,.·-------!1-----------~----➔---------+------t
._A~\o~e~-----+----------•--------·-,_______ _ __.__________ ~'-----11----·------

1
__ --~
/ _ _ ___,
1
Condition
> ,====----+----------#---~---, ---1 I
-- ~-----r------
I
Uving Area Room Total I B-rms I Baths Total : B-rms , _Baths I Total : 8-rms i Baths I Jotal~ 8-rms_ 1 Ba__!__b__ij
Count and Total 1
, 1 ~--:--~--! I I
I
Gross Living Area 1--~--~~-S-o.F-,-.it---~--~S-g-.F-tc.l-1· _________,..______S~q~_F_t.~_____,,,,_______S_,o~._F_t._,-'____,

Basement & Bsmt. 1 I I
Finished Rooms 1 _: ----------,!---------·- I ------1
I I --~
~l,!Q.Ctional Utility ----· - - - - - - - - · - -·------- --------t-- -·-----lt---------+------Jr--
Air Conditionino 1 1
--------+--------tt---------~-
,.G_ar_a_o,e_/_C~a_r_P_o_rt_-+----------tt------ ____ __J __ ·--------1+----------~-
~~~~~.e:~:.atio, j I
>---------+----------++-----------+- ··--.,--i+------ -----1- - - - - - + - -
; - •
I
I ---
1
I I 1
Special Energy I
I
Efficient Items
I I
I I I
l - - - - - - - - - - + - - - - - - - - - - - , 1 - - - - - - - - - - - . l . . --- --- -- -- 1 - - - · - - - - - - - - - - -t--·- ------tt-----------------1------ -

1 I
Other (e.g. fire- I
places, kitchen
I
I
equip., remodeling) I
I
-----r -----lt--------· - I
Sales or Financing I
I I
Concessions
I ------·- I I
NetAdi.(Totail -· - 0Plus;0Minus :$ nPlus;OMinus is ~OP1us;0M,nus

s(l51_000)
1
Indicated Value
of Subject
--------------- :::::::::::::_----==-~-~
--------------- ~ $ R O () 0 () . ~ :$ 7 R OOO
---------------
'$ 7 q c; 0 0
1
Comments on Market Data This ap_pr_o.ach_:w_as,__u:tilized __to _determine market Yal ue __oL.p_ _r.op_er.tiefS
_as__ilio11gh var.,a,nt_,_with each parcel_worth_$80, 000. ___ . . _ _ . -· _______ ..____ _
bd·H-i·ilt•i2·i4 1J#i:\4fot·i·it;i4•i·iti·UA&1Jd!J Two. parcels .@ . $ 8 o, ooO
I
$ ~QQQ_
rnsi~·l-¼VW1..~~J:1t1?P-l·tJ33 (If applicable} Economic Market Rent$ _ _ _ _ /Mo. x Gross Rent Multiplier--·-= s ---~fA___
This appraisal is made IX] "as is" 0 subject to the repairs, alterations, or conditions listed below O completion per plans and specifications.
Comments and Conditions of Appraisal:The_Reproduction Cost Approach _,was used_ to ,determine _value of
_alL-improvements-because_of-recen t,__ construction•----------------,------, _____ - - - - - - - - t
_____________________________________________________ ___ , ,. --
Final Reconciliation 'I'he--COmbination-o.£--Reproduction.-CosL,and..-the-MarkeL-Data-1\.pp=acb wa"
J::he._basis_of onr estimrited market v r l l u e . - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1
Construction Warranty YesD No a

Name of Warranty Program Warranty C~verage Expires _ _ _ _ _---l
This appraisal is based upon the above requirements, the certification, contingent and limiting conditions, and MarkeJ,efa~efinition that are stated in
0 FHLMC Form 439 (Rev. 10/78)/FNMA Form 10048 (Rev. 10/781 filed with client _______~::::::~/r,_
//,,_,
/,,,.
..t9 _ _ _ 0 attached.
·-=
7
I J ! l ! THE
!T MARKET
I MVALUE,
A TAS~DEFINED,
E OF SUBJECT PROPERTY AS OFJ:.1Jne:/4_2Jl//~/~~u~~~~)
App'.aiserls) -- . Review Appra,ser (If pl; . ~ ~ : : : - o c h e I _SR}\__

t , St.dff Appraiser D. Did D D,d Not Physically Inspect Property
FNMA rJrm 1004 8ev 7179
3 No. 207-80861 l-l Rev. 7/79
RESIDENTIAL APPRAISAL REPORlL ted June 20 , 1984F 1eI N 0
"'°'~* To U.S. Marshall's

Office Census Tr3ct Mao Reference
L i t t l e Novae Path(Survev S6-D5299ldated 4/27 /71 bv Smiirei=: Holden
!Property AddreS/S
c11Weisenbacher - Southamoton County Suffolk State New York Zip Code 11968 "
Legal Descc&udi,folk Countv Real Pronertv Tax Man :Dist c;:.,.,.. Al...Jllock_0l ,Lot27~l&_4l..l.5 goo
Sale Price $ Date of Sale Loan Term yrs Property Rights Appraised ""x]" Fee D Leasehold O DeMinimis PUD
Actual Real Estate Taxes$ 2 2 8 0 60 (yr) Loan charges to be paid by seller$ Other sales concessions
. -· . . :_·;.,.:x
~KX.WK'XX~,. - ~~-;-w•x~ M X
Occupant
"""
Appraiser Morlev Aoorai sa11structions to Appraiser
SPrvir.P
Location L] Urban □ Suburban xJ Rural Good Avg. Fair Poor
Bu,fi Up Dover 7s% D2s% to 75% iOunder 25% Employment Stability
□ IX] □ 0
Growth Rate D Fully Dev. 0Rap1d ~Steady Osiow Convenience to Employment
□ IX) □ □
Property Values [xi Increasing Ostable ODeclining Convenience to Shopping
□ IX) □ □
Demand/Supply □ Shortage L}Iln Balance Dover Supply Convenience to Schools 0 IX) 0 □
Marketing Time 0Under 3 Mos. [j4-6 Mos. Dover 6 Mos. Aciequacy of Public Transportation D IX) D 0
Present Land Use2...Q__ % 1 Family _ _ % 2~4 Family _ _% Apts. _ _ %Condo _ _ % Commercial Recreational Facil1t1es Kl □ □ D
-- % Industrial -- % Vacant8_Q_% Adequacy of Utilities Kl D □ □
Change 1n Present Land Use Ix] Not Likely OL1kely ("I 0Tak1ng Place 1•1 Property Compatibility Kl D □ □
(•) From To Protection from Detrimental Conditions Kl □ □ □
Predorrnnant Occupancy [Xlowner 0Tenant - - - % Vacant Police and Fire Protection
□ IXI □ □
Siny!e Famtly Price Range $125,000 tel400, 000 Predominant Value s2 0 0 , Q 0 0 General Appearance of Properties Kl □□ □
Single Family Age N.eN__ yrs to ___lD_ yrs Predominant Age 2 yrs Aooeal to Market Kl D D D
Note: FHLMC/FNMA do not consider race or the racial composition of the neighbo.rhood to be reliable appraisal factors.
Comments including those factors, favorable or unfavorable, affecting marketability (e.g. public parks, schools, view, noise) Portions of Little
wy_ac__ _Ea__th_ar_e_~Pfille.d.,_...N.i.:th... s e. ct i Qn in front of subiect orooertv unoaved.
----
0im1::!ns1on~aved parcel 2 547 acres vacantparcel 3...Ji.2..9.;iliXXOCM Acres 0 Corner Lot

Zoning classdicac1on R-l?n Present improvements [x) do D do not conform to zoning regulations
Highest and best use: ~ Present use D Other (specify)
Public Other (Describe) OFF SITE IMPROVEMENTS Topo Hi 11 V
E!ec Kl Street Access: !l{) Public 0 Private S12e Bel Ol& average., (ui;2,rnned to 5 acres)
Gas
□ _J>_r: i ;rn t e Surface dir:t Shape Irregii 1 ar
!l{) Public 0 Prrvate View .No.a..d.e cl
Water
□ _Er] :Slate Maintenance:
0
San Sewer 0 -1:'.J::.iya:t.e._ 0 Storm Sewer CJ Curb/Gut ter Drainage No app~roblems

0 Underground Elect. & Tel. 0 Sidewalk D Street Lights Is the property located in a HUD Identified Special Flood Hazard Area? QNo DY es•
Comments (favorable or unfavorable including any apparent adverse easements, encroachments or other adverse conditionsl.F load Hazard "C" -
area of m]n]ma] flood hazards
I
G(l Existing □ Proposed O Under Constr. No. Units _J____ Type ldet, duplex, semi/det, etc.II Design (rambler, split level, etc.I !Exterior Walls
Yrs. Age: Actual-3...__Effective..Q___to___Q_ No. Stories..2___ Detached ~ t-,.,r,-<:t-nrv Wood-shingle
Roof Material I
Gutters & Downspouts O None Window (Type): wuvu-uuuu.Le uuuy I Insulation 0None 0Floo, ·I
Asphalt t i l e Painted aluminum D Srorm Sash IX] Screens D Combination IX]Ceiling X]Roof !K) Walls
D Manufac1ured Housing ·~:.. ~ ' o Basement D Floor Drain Finished Ceiling __I>_ar_t_i_a] ] y
Foundation Walls ~ · Outside Entrance D Sump Pump Finished Walls n~~.f-i;allv
~.Qnc.:c_~__blo,...1, ~ ~Concrete Floor
-
- - % Finished Finished Floor
Osrab on Grade 0 Crawl Space
:":-2 Evidence of. Ooamoness OTerrnites D Settlement
Comments
Room List Foyer Livmg D1n1ng Kitchen Den Family Rm. Rec. Rm. Bedrooms No. Baths Laundry Other
--
Basement
1st Level
-l----
· - - - - - 1 - - - - - ----·--
1-- ----· -----
l
,, ,
l
2nd Level l l
----- - -
Finished area above arade contains a total of__fi__rooms_A bedrooms____l baths. Gross Living Area 2042 sq. ft. Bsmt Area Lu.9_L_ sq--;-;:
Ki1chen Equipment: K]Refrrgerator ~Range/Oven [.lD1sposal \K) Dishwasher ~ Fan/Hood □ compactor [XWasher IK]Dryer
□
HEAT: Type HIW Fuel~2zODliaind. AIR COND: 0 Cent,al OOther □ Adequate D Inadequate
Fluor.) L}{HcirdwuuU []Carpel Over l_j 1\ Good Avg. Fair Poor
:~
Walls [xorywall □ PlasterD i Quality of Construction (Materials & Finish) [x □ □ □
~
~ □ □ □
Tr1m/F1nish [XGood OAverage 0Fa" 0Poo, Condition of Improvements
Bath FloOr □ ceramic D Rooms size and layout D D □

Bath Wainscot □ ceramic D ; Closets and Storage
Insulation-adequacy
~
~
D
D
□
D
□
D
Special Features {including energy efficient items)
Plumbing-adequacy and condition ex D □ □
----
~ Electrical-adequacy and condition [x D D □
~ Kitchen Cabinets-adequacy and condition [x D □ □
ATTIC: 0Yes K]No 0 StaHway O Drop•sta1r □ Scuttle D Floored ~ ex
Compatibility to Neighbort,ood
□ □ D
ra
i
F1n1shed (Describe) 0 Heated Overall Livability D D □
CAR STORAGE: _/x]Garage [3{Budt-1n D Attached O Detached O
___ Car Port
_, Appeal and Marketability Di □ D D
i No. Cars l □ Adequate~ Inadequate Cond1t10Vl'.'.'!,,,.." Yrs Est Remaining Economic Life-5...Q__to--5...Q.__.Explain if less than Loan Term
I FIREPLACES. PATIOS, POOL. FENCES, etc ldescribel Free standing fireplace (disconnected}- wood deck on
_nortb.__s_ide, ingr:ound i;,oQl surrQi,mded bji: large wood deck. macadam driveway
COMMENTS (1nclud1ng functional or physical inadequacies, repairs needed, modern,'1zat1on, etc.l Minor carpentry, re12airs.. and
--Pai.nti.,, ("f
- - .
--- :
,
\AC Form 70 Rev 7179 ATTACH DESCRIPTIVE PHOTOGRAPHS,· -T PROPERTY AND STREET SCENE FNMA Form 1 004 Rev
AUG 11984
7-5
At_J.;,i!1. ....... f..:. 9...?.?......k.M
ALLYN Z. LITE
UNITED STA'l'ES DISTRICT COURT

UNITED STATES OF AMERICA HON. HERBERT J. STERN
TRACY WONG ORDER REGARDING PRIVATE

INTERLOCUTORY SALE
This matter having come before the Court upon the
motion of the United States of America (Philip R. Sellinger,
Esq., Assistant United States Attorney, appearing) for an Order
modifying this Court's Order dated May 30, 1984; and it
appearing that such modification will be in the best interests
of all concerned; and for good and sufficient cause;
IT IS on this 3/ day of July, 1984;

0 RD ERE D:
1. That the names William Stafford and Roderick s.

Green be substituted for the names James McLaughlin and Ernest
Clark on the Order dated May 30, 1984; and
2. That the United States Marshal's Service is
authorized to take appropriate steps to effect this Court•s·--
Order dated May 30, 1984 as modified
ENTERED
Court
No.
iftttit£n ~tnt.el'i ltlil'it.rid Qfo.u:rt

VB.
TRACY WONG
ORDER REGARDING PRIVATE

INTERLOCUTORY SALE
W. HUNT DUMONT

FPl-111Afl-l0-S1•7 l•Sll,740
(Ed. 10-18-63)
Form No. USA·(S-.CR7
PRS:dmw/3205

UNITED STATES OF AMERICA Cr. No. 83-199
V ORDER REGARDING PRIVATE

INTERLOCUTORY SALE
TRACY WONG
This matter having come before the Court upon the
motion of the United States of America (Philip R. Sellinger,
Esq., Assistant United States Attorney, appearing) for an Order
for the interlocutory sale of the property described in the
deeds attached hereto as Exhibits A, B, and C ("the real
property"); and it appearing that an interlocutory sale will be
in the best interests of all concerned; and for good and
sufficient cause; IT IS on this ~ day of May, 1984,
ORDERED, pursuant to 28 u.s.c. §200l(b), that James
McLaughlin, Ernest R. Schade and Ernest Clark be appointed
appraisers of the real property and are directed to file a
report with the Court and the U.S. Attorney's Office within
fourteen (14) days of the date of this Order; and it is
FURTHER ORDERED that following receipt of such
appraisal reports, the Court shall hold a hearing for whichQ__,
i notice to all interested parties shall be g i v e ~ J l ~ i o n

A
in the New York Times and the Newark Star Ledger at
~
(10) days prior to such hearing, at which hearing the Court may
order the sale of this real property at a private sale for cash
or other consideration and upon such terms and conditions as
the Court approves, if the Court finds that the interests of
the estate will be conserved thereby; and it is
FURTHER ORDERED that no private sale shall be
confirmed at a price less than two-thirds of the appraised
value of the real property; and it is
FURTHER ORDERED that before confirmation of any
private sale, the terms thereof shall be published in the New
York Times and the Newark Star Ledger at days
prior to any confirmation.
HERBERT
U.S. Di
Cr. No. _________ .fl_3.- l 9 9
~it.en ~tat.en ~i:strid Qfoud

'l'HE UNITED STATES OF AMERICA
vs.
TRACY WONG
ORDER REGARDING PRIVATE

INTERLOCUTORY SALE
W. HUNT DUMONT
BY: PHILIP R. SELLINGER
FPI-MAR-4•2&-78
Form No. USA-48-CR7

(Ed. 10-18-63)
PRS:dmw/3279

TRACY WONG A F F I D A V I T

ss
COUNTY OF ESSEX:
PHILIP R. SELLINGER, being duly sworn, deposes and
says:
1. I am an Assistant United States Attorney and am
familiar with the facts contained herein. This affidavit is
submitted in support of an application for an Order permitting
the United States to sell the property described in Exhibits A,
B, and C attached hereto.
2. On December 6, 1983, the defendant Tracy Wong
entered a guilty plea to Count 1 of the Indictment herein. In
so doing, the defendant admitted that he had taken part in an
international conspiracy to import into the United States
cocaine and marijuana valued at more than ten million dollars.
3. After the defendant entered his guilty plea, he
conveyed to the United States his interest in the property
described in Exhibits A and B attached hereto.

Theodore Wolf, a nominee of the defendant, conveyed to the
United States his interest in the property described in Exhibit
C attached hereto. Such property was purchased with the pro-
ceeds of narcotics sales and was therefore subject to for-
feiture pursuant to 21 u.s.c. Section 881.

4. The United States seeks to sell the property
described in Exhibits A, B, and C attached hereto pursuant to
28 u.s.c. Section 200l{b). James McLaughlin, Ernest R. Schade
and Ernest Clark have agreed to appraise the real property.
~
PHILIP R. SELLINGER
before me thiso<Aay
of May 1984.
ELVIRA SISTO
My Commission Expires Dec. 6, 1986
T 691 I Shmdard N.Y.B.T.U. Foro. .2: BaJ'iain & sale deed, DATE COIIE JuL1u& BL.uMmEllG, INc., LAw BLANK Pu■LrWHER•
with rovemmt 11gainst gra.ntt,. s uts-Ind. or Col"Jl.: single sheet
CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT - THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY
THIS INDENTURE, made the day of January , nineteen hundred and 8 4

BETWEEN
A~LMSCOTT PROPERTIES, LTD., a New York corporation, having
its principal office at 110 East 59th Street, New York, New
York 10021,
party of the first part, and
party of the second part,

WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration
paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs
or successors and assigns of the party of the second part forever,
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate,
lying and being: in the Town of Southampton, County of Suffolk, State of
New York, more particularly bounded and described as follows:
BEGINNING at a point on the westerly side of Little Noyac Path,

which point of beginning is situate the following two (2) courses
and distances along the westerly side of Little Noyac Path from
the point formed by the westerly side of Little Noyac Path and
the northeasterly corner of premises now or formerly of o. Murov
and J. Morton:
(1) North 00° 10' 0~" West 347.89 feet to a point, and
(2) Thence North 23 10' 40" West 131.34 to the point or place
of beginning:
Thence, from the point or place of beginning North 86° 33' 36"
West 132.68 feet
Thence, South 03 6 26' 24" West 520.96 feet;
Thence, North 86° 33' 36" West 290.20 feet;
Thence, North along lands now or formerly of G. Harold
;~;~;:~sso~!~ ~~~ ;~~
i:~tE;!~·!~1::;t:eet to the westerly
side of Little Noyac Path;
Thence, along the westerly side of Little Noyac Path South 23°
10' 40" East 22.37 feet to the point or place of beginning.
BEING and intended to be a portion of the premises conveyed to

the party of the first part by Deed dated 5/3/78 and recorded
in the Suffolk County Clerk's Office in Liber 8621 P.33, on
5/4/79.
TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and
roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances
and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD
the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of
the second part forever.
AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby
the said premises have been encumbered in any way whatever, except as aforesaid.
AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first
part will receive the consideration for this conveyance and will hold the right to receive such consideration as a
trust fund to he applied first for the purpose of paying the cost of the improverr,ent and will apply the same first to
the payment of the cost of the improvement before using any part of the total of the same for any ctller purpose.
The word "party" ~hall he construed as if it read "parties" whenever the sense of this indenture so requires.
KN WITNESS WHEREOF, the party of tiia first part has duly executed this deed the day and year first above
written.
~Lk
IN Pl!ESENCE UF;
>'0___ :_, _
i't ,•.,.wfi";7 o me known to he the individual deS<-.
· · 'ed·;,'ed that
-~,, c
eXecuted the foregoing instrument, and a;Jcn ... ,
executed the same. ...
STATE O F ~ ; ~ COUNTY OF U~-,( ss: STATE OF NEW YORK, COUNTY OF ss:
On the 7..i. day of January 19 8 4 , before me On the day of 19 , before me

personally came TRACY WONG personally came
to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with
say that he resides at No. 3 East 8 2nd Street, whom I am personally acquainted, who, being by me duly
New York, N;i:!w Yor~ sworn, did depose and say that he resides at No.
that he is the \'~'t,tk)r-
of Kelmscott Properties, Ltd. that he knows
, the corporation described
in and which executed the foregoing instrument; that he to be the individual
knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument;
to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw
affixed by order of the hoard of directors of said corpora- execute the same; and that he, said witness,
tion, and that he s i g n e ~ , ~ k e order. at the same time subscribed h name as witness thereto.
ELVIRA SISTO
Naro-a.in 1111'.IJ ~!!1.t ~r~l:! C"T:'~Y£)'11,1'

~ ......... .1..v.a.~
WrT'ii conNANT AGAINST GRANTOR'S ACTS
BLOCK
TITLE No.
LOT
COUNTY OR TOWN
KELMSCOTT PROPERTIES, LTD.
TO
UNITED STATES OF AMERICA RETURN BY MAIL TO:
Philip R. Sellinger, Esq.

Federal Building
970 Broad Street, 5th Floor
Newark, New Jersey Zip No. 07102
Internal
llle Stamps
d!lxed
l P 694-Quitclaim deed: ind. or corp. .JULIUS BLUMBERG, INC., LAW Bt.Ai•UC PUBLISHERS
Wqia luhruturr made January 19 84
1SttUtttn TRACY WONG, residing at 3 East 82nd Street, New York,

New York,
party of the fir st part, and

party of the second part,

1llitnt.11.lldly that the party of the first part, in consideration of
One Dollars ($ 1. OO )
lawful money of the United States, and other valuable consideration
paid by the party of the second part, does hereby remise, release and quitclaim unto the party of the
second part, the heirs or successors and assigns of the party of the second part forever, all
that certain plot, piece or parcel of land, with the buildings
and improvements thereon erected, situate, lying and being in
the Town of Southampton, County of Suffolk and State of New York,
and more particularly bounded and described as follows:
BEGINNING at the southwesterly corner of the premises about to
be described, where the same is intersected by the northerly side
of lands now or formerly of Heirs of A.M. Cook; running thence
from said point or place of beginning, along the easterly side
of land now or formerly of William S. Haines, North 03 degrees
26 minutes 24 seconds East 783.89 feet to the southwesterly side
of little Noyack Path; thence in a general southerly direction
along the southwesterly and westerly sides of Little Noyack Path,
the following three courses and distances: (1) South 12 degrees
21 minutes 10 seconds East 29.28 feet; (2) South 23 degrees 10
!:l.i ::,.1tes <10 se::'.o:,ds 'S2.s-t: ,,, ~ 71 feP-t, r 1 l Soll th r.o deorees 10 minutes
<
05 seconds East 347.89 feet to land.now or formerly ;f Heirs of

A.M. Cook; thence South 64 degrees 19 minutes 40 seconds West
along the last mentioned land 209.92 feet to the point or place
of beginning.
BEING the same premises conveyed to C. THEODORE WOLF by a certain

deed dated 11/6/78, recorded 11/14/78, in Liber 8532,cp353.
111
'Ill
I
►
N ••uwoAta11v,NM
@ng.et1Jtr with the appurtenances and all the estate and rights of the party of the first part in and
to said premises,
@n !Jaut UltII tn frnlh the premises herein granted unto the party of the second part, the heirs
or successors and assigns of the party of the second part forever.
Attb, the party of the first part, in compliance with Section 13 of the lien Law, covenants that
the party of the first part will receive the consideration for this conveyance and will hold the right to
r ~eive such consideration as a trust fund to be applied first for the purpose of paying the cost of the
uriprovement and will apply the same first to the payment of the cost of the improvement before using
any part of the total of the same for any other purpose.
The word "party" shall be construed as if it read "parties" whenever the sense of this indenture
so requires.
In illitnt.as 31l!Jfrtrtnf, the party of the first part has duly executed this deed the day and year
first above written.
--·
. {•--.--
L.s,J
U!.1
·-f.____.
ELVIRA SISTO
NOTARY .PUBLIC OF NEW JERSEY
My Comm1ss1on Expires Dec. 6, 1935
--·.
... {L.s.f
·~·
..---
.......................... ............ ········ .. ··•• .. ·· .. ········ ........... { L. S. }
.__,,__.
;Te.r-.s•y
STATE OF NEW~. COUNTY OF E-;.,-,e>t ,,.,
On ,ji II t U"'
..Z C., 1
19 Ir, before me per-
sonally came f rw. C. Y Wo r, 7 to me known, STATE OF NEW YORK, COUNTY OF ss.:
who, being by me duly sworn.i...did depOJf and say that deponent On January 198 4, before me per•
resides at No. "<. ~ · q . . , . ~ ~ onally came
deponentis . f l ~ of l(t;{...U(O(+ l'l'fM.tl.L
the corporation described in anJ ~hi~h TRACY WONG
executed, the foregoing instrument; deponent knows the seal of
said corporation; that the seal affixed to said instrument is such
µ
corporate seal i that it was so affixed by order of the Board of
Directors of said corporafon; deoonent signed deponent's name
thereto by like order. ~
to me known to be the individual described in, and who exe-
cuted the foregoing instrument. and acknowledged that
executed the same.
he
fLVJR.A; SISTO
NOTARY PUBLIC OF NEW JERSEY
"
0:
"'u
..J
p 1693-Quitclaim Deed.-lnd. or - ?J>, .JULIU9 8LUM ■ EAO, )NC., LAW .._NK PU ■ Ll9HElfl:S
Statuto-y-Form D. One ttecording.
THIS IS A LEGAL INSTRUMENT ,ND SHOULD BE EXECUTED UNDER SUP~RVISIO, v. AN ATTORNEY.
THIS INDENTURE, made the

BETWEEN
SJ) // day of /i;( 1~/ , J. 19 28
C. THEODORE WOLF, residing at 119 East 84th
Street, Apartment 2D, New York, New York
THE UNITED STATES OF AMERICA party of the second part:
WITNESSETH, that the party of the first p a r t , ~ ~ for no consideration

~~~~~H¥XiXIX~~X
~ does hereby remise, release and quitclaim unto the party of the second part, the heirs or successors and assigns of the
party of the second part, forever,
ALL that certain plot, piece or parcel of land, with the buildings
and improvements thereon erected, situate, lying and being in the Town
of Southampton, County of Suffolk and State of New York, and more partic-
ularly bounded and described as follows:
BEGINNING at the southwesterly corner of the premises about to be
described, where the same is intersected by the northerly side of lands
now or formerly of Heirs of A.M. Cook; running thence from said point or
place of beginning, along the easterly side of land now or formerly of
William S. Haines, North 03 degrees 26 minutes 24 seconds East 783.89
feet to the southwesterly side of little Noyack Path; thence in a general
southerly direction along the southwesterly and westerly sides of little
Noyack Path, the following three courses and distances: (1) South 12
degrees 21 minutes 10 seconds East 29.28 feet; (2) South 23 degrees 10
minutes 40 seconds East 342.71 feet; (3) South 00 degrees 10 minutes
05 seconds East 347.89 feet to land nor or formerly of Heirs of A.M.
Cook; thence South 64 degrees 19 minutes 40 seconds West along the last
mentioned land 209.92 feet to the point or place of beginning.
BEING the same premises conveyed to C. THEODORE WOLF by a certain deed

dated 11/6/78, recorded 11/14/78, in Liber 8532,cp353.
Subject to the mortgage held by Sag Harbor Savings Bank.
TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises.
TO HA VE AND TO HOLD the premises herein granted unto the party of the ~cond part, the heirs or successors and
assigns forever. The word "party" shall be construed as if it read "partj~ wheneve,r the sense. of,,!Jiis indenture so requires.
This deed is subj eel to the trust provisions of Section 13 of the Lie~aw.} j J /, . /,
IN WITNESS WHEREOF, the party of the first part has dul; exeCHted ¥
1 · ,
ieed the day :and ,,Y~af ~r;t above written.
j I ,.· . i
IN PRESENCE OF: " .. . , ,•,,_,. / - ' /,1,: ·1
.............................................. ................................................1. s.
C. THEODORE WOLF
...............................................................................................1.5.
STATE OF NEW YORK, COUNTY OF ss.:

On the day of 19 , before STATE OF NEW YORK, COUNTY OF '-1\,.Q,vj ~<..., .s.:
me persona1ly came to me known.
who, being by me duly sworn, did depose and say that deponent resides
On the ~0 day of ~ 19~1-{, before
at No. ~e per~onally came , ("" I ~

deponent is of c.~.,w~
~ne corporation de&eribed jn and which
exetTted, the fore-going !ni,trun,f:'nt; <lep'C'nent !.w:.•-w!- th_,. c:pa_l of ~aid to !i,c known !a Le the individ1J.:.! described in, and who exPcuted
corporation; ·'.::'!t the '.'P.al affiY•·J to said instrument is .c.u•:h corporate
seal; that it was so affixed L; u.:~er of the Board of I,1,cdors of said the foregoing instrument, and acknowledged that he executed
~~A St,,,
corporation; deponent sil,!r..?::J de~nel"!~•.,. _na1ne ~l1ereto by like order. th
~ GOVERNMENT ~~ t. E. BROWN
EXHIBIT ur New y, ,,
I
Notary Public,
c.. No. Oi-451 :~js, Bronx C~<i'
Cer1ifir.".~(' filed in New Y-·
rerm b'1!1€S r,
1 :;·,
Circumstances Culminating in Defendant's Plea
S. During the trial it was suggested by Judge Stern
that we recess and discuss a possible plea. After discussions
between Mr. Phillip Sellinger, the AUSA assigned to this case,
and myself, the Judge agreed to see us in chambers.
At first, the government was offering an 848 count with
a cap of 15 years. The government then was told by Judge Stern
of the onerous consequences of an 848 plea and that in his mind,
a ten year sentence under 848 was analogous to a 30 year sentence
under any other statute because of the lack of parole
opportunities under 848.
The government then offered a 15 year count and the
defendant, through counsel, asked for two 5 year counts which
request was refused by the government.
At this juncture we again met in Judge Stern's
chambers. During the course of the discussion in chambers, the
following occurred:
a) The Court asked the AUSA why he would not give the plea
requested by the defendant; that this would certainly give the
Court sufficient scope to deal with this particular case.
The Judge asked the Assistant whether he had read a
memorandum prepared by the Judge when he was the United States
Attorney. The memo, as described by the Judge, was to the effect
that a trial was pointless if the Judge could be put in the
identical sentencing position by the offer and acceptance of a
plea. Impliedly the Court's comments suggested that a maximum of

10 years provided sufficient scope of punishment in this
particular case. The Judge also indicated that this memo had
been printed in a Law Review article and expressed surprise that
the Assistant had not read it.
The Assistant was sent back to his supervisors with the
suggestion that they accede to the five year counts.
b) Also, during this discussion, the Judge alluded to his
sentencing of another defendant in a related case - described by
the Judge as the "Boat" case. I believe the defendant's name was
Wasserman. The case had been made by using the same informants.
As described by the Judge, that defendant had been responsible
for the importation of millions of dollars of drugs, that
defendant had been a fugitive, that defendant had used five
different pseudonyms, that defendant was the ringleader and that
defendant had been sentenced to 10 years. As the Court noted,
certainly, he had sufficient scope with 10 years here.
c) The Judge also indicated that the two 5 year counts were
sufficient noting that the two informants, who were probably
involved in the Jacobson murder case, had received 18 months.
One had apparently not been sentenced yet.
6. From the above, i . e . , the reference to the Law
Review article; the recommendation that the assistant give the
two 5 year counts; the reference to the Wasserman 10 year
sentence and the sentences of the informants, it appeared that
the Judge was strongly indicating that 10 years was an
appropriate sentence for Tracy Wong.

When the Assistant returned and advised that his
superiors would only give the 15 year count, the Judge indicated
that I should seriously consider taking it.
All of the above communications between Judge Stern,
AUSA Sellinger and myself, were relayed by me to Tracy. While
previously he had been reluctant or non-desirous of taking a
plea, when I relayed Judge Stern's comments about a 10 year
sentence to Mr. Wong, he agreed to plead guilty to the 15 year
count.
7. From all of my experience as defense attorney and
prosecutor, it certainly appeared to me as a professional, that
the Judge was implying that the maximum sentence my client was
facing on a guilty plea was ten years. And, considering Tracy's
background and his role in the illegal endeavor, as compared to
the informers, and the sentences meted out to others who had
pleaded guilty on the indictment, such a sentence did not seem
unrealistic or unwarranted. This, despite the fact that at no
time did Judge Stern overtly indicate or promise that the
sentence would be 10 years or give any specific indication other
than those above mentioned.
Motion to Correct Illegal Sentence
8. In Bifulco v. United States, 100 s.ct. 2247, 447
U.S. 381, the Supreme Court held that the imposition of a special
parole term is not authorized upon conviction for conspiracy in
violation of 21 u.s.c. Sec. 846. Accordingly, Mr. Wong's
sentence to a five year special parole term on Count One of the

indictment is unlawful and his sentence on that count should be
corrected to eliminate the special parole term.
WHEREFORE, it is respectfully requested that defendant's
motion for a reduction of sentence and correction of the illegal
sentence be granted, together with such other and further relief

which to the Court seems just and proper.

2~day of May, 1984 •
·
. ~ l~
Puc
'Notary
----------------------------------x
-against- NOTICE OF MOTION
83 Cr. 199 ( ~
TRACY WONG,
Defendant.
C1-!v--S)
----------------------------------x
SIRS:
PLEASE TAKE NOTICE that, upon the annexed affidavit

of David Breitbart, Esq., sworn to the 24th day of May, 1984, and
upon all the proceedings heretofore had herein, the undersigned
OJi Jui/ f. l >, /1 J' '(
will move this Court~a.t-=::sdi:::i;:1"ine::=a:m9ffi~e-tcr--J:re=::-s:i~:::.:o;y;;:.::t:,1,~:£Qll,J;..t,
for an order pursuant to Rule 35 of the Federal Rules of Criminal

Procedure, reducing the defendant's sentence and correcting
defendant't sentence on the ground that the sentence imposed upon
his plea of guilty to Count One of the indictment is illegal, and
for such other and further relief as to this Court may seem just
and proper. "ll- ~ .,c~ ~---d4--<'-J , /,,...)
i 1
Dated: New York, N. Y.
May 24, 1984
Yours, etc., 1li, //;;;
'h'-' .__, .
1--f-(JJcz,Y( I
DAVID BREITBART
,~z -)-
60 Hudson Street
New York, N. Y. 10013
( 212) 608-1313
TO: W. HUNT DUMONT
United States Attorney for the
970 Broad Street
Newark, New Jersey
----------------------------------x
-against- AFFIDAVIT
83 Cr. 199 (HS)
TRACY WONG,
Defendant.
----------------------------------x
STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK)
DAVID BREITBART, being duly sworn, deposes and says:
1. I am the attorney for the defendant, TRACY WONG,
having represented him during all pretrial proceedings and up to
his plea of guilty. As such, I am fully familiar with the facts
and circumstances recited herein. This affidavit is submitted in
support of Mr. Wong's motion for reduction of sentence and
correction of an illegal sentence pursuant to Rule 35 of the

Federal Rules of Criminal Procedure.
2. On December 6, 1983, Tracy Wong pled guilty to
conspiracy to distribute narcotics in violation of 21 u.s.c. Sec.
846, pursuant to Count One of the indictment.
3. On January 26, 1984, the Court imposed a sentence of
fifteen (15) years imprisonment and five (5) years special parole.
4. Mr. Wong has been incarcerated in the United States
Federal Penitentiary at Danbury, Connecticut. Prior to his
involvement with this conspiracy Mr. Wong had led an exemplary
life. He received a Baccalaureate Degree from Columbia University
and a Masters Degree from the University of Chicago. As the
Court is aware, Mr. Wong is a first offender.

.,,
At 8:3~l------- •·· 1
V:IJLLL\:-.1 T. V/P.LSH
' CL~l~~\
Plaintiff,
criminal No. :
v. 83-199(GEB)
STEVEN KAUFMAN, NOTICE OF MOTIONS
Defendant.
TO: Joseph Greenaway

970 Broad street
PLEASE TAKE NOTICE THAT on February 29, 1988, at 9:00

a.m., or as soon thereafter as counsel may be heard,
defendant Steven Kaufman, through his attorney, Alan L.
Zegas, shall move before the Honorable Garrett E. Brown,

Jr., of the United States District Court for the District of
New Jersey, at the United States Courthouse in Trenton, New

Jersey, for an order compelling the government to
immediately turn over to defendant all "Brady" and "Giglio"
material, including records of psychiatric examinations, or
alternatively, dismissing the indictment, and also

compelling the government to supply defendant with a bill of
/
\
particulars, which includes all information requested in the
brief of defendant. In support of this motion, defendant
shall rely upon the annexed
Dated: February 22, 1988

I certify that on February 22, 1988, I had arranged for
the hand-delivery of the annexed notice of motions, proposed
order, brief, and certification of service upon Joseph
Greenaway, Assistant United States Attorney, United States
Attorney's Office, 970 Broad Street, Newark, New Jersey
07102.
Dated: February 22, 1988

I a.,_..__
::
\
FEB 2 9 1988
, ] ~ ~-.::> --p M
AT 8.30WILLIAM T. WA\.Sff
DISTRICT 01'' NEW JERSEY
_.=.._.9,n.
.
..~I ~~t-me--M!afl In f>o r mat ion/Comp 1 a int CR./MAG. Np. 83-199
TRACY WONG
UNITED STATES OF AMERICA v. ------=o:-e-::f:-e-n-:d:-a-n...,t_ _ _ _ _ _ _ __
PETITION FOR WRIT OF HABEAS CORPUS: Your petitioner shows that
TRACY WONG
l. is now confined in
----------------------

WE COMMAND YOU that you have the body of _T_RA_C_Y_w_o_N_G_ _ _ _ __

_ _ _ _ _ _ _ _ _ _ _ _ _ _ (by whatever name called or charged)
now confined in METROPOLITAN CORRECTION CENTER
The u. S. Attorney in the Post Office Building at
Newark , N.J. on March 1 198 8,
at 9:30 am/pm-, in civilian clothes, for CONSULTATION
WITNESS the Honorable Dickinson R. Debevoise
u •SD
• •J• a t __________________
Newark, New rrersey _
DATED: J·J.'1 · 8'8" WILLIAM T. WALSH

Per: . -.c~-
for the Dis rict of New Jersey
Deputy Clerk SCOTT P. REEGAN

CR 12 (Rev. 6/82) WARRANT FOR ARRES. 1/
DISTRICT
SEY
DOCKET NO. MAGISTRATE CASE NO.
UNITED--STA-TES OF AMERICA
V.
NAME AND ADDRESS OF INDIVIDUAL TO BE ARRESTED
TRACY WONG et. al.

TRACY WONG
WARRANT ISSUED ON THE BASIS OF:

D Order of Court
Kl Indictment D Information D Complaint
DISTRICT OF ARREST
TO: any U.S. Marshal or any other .
authorized law enforcement officer.
CITY
YOU ARE HEREBY COMMANDED to arrest the above-named person and bring that person
before the United States District Court to answer. to the charge(s) listed below.
DESCRIPTION OF CHARGES
IMPORTlfTION & DISTRIBUTION OF A CONTROLLED SUBSTANCE.
Fl t:E D
APR 17 1984
,;M
- At 8)a(f. ..............................
ALLYN Z. LITE
UNITED STATES CODE TITLE SECTION

IN VIOLATION OF 21 §841, 846, 848, 952
BAIL OTHER CONDITIONS OF RELEASE
ORDERED BY SIGNATURE (FEDERAL JUDGE/U.S. MAGISTRATE) DATE ORDERED
CLERK OF COURT (BY) DEPUTY CLERK DATE ISSUED
Ro 7-15-83
RETURN
This warrant was received and executed with the arrest of the above-named person.
SIGNATURE OF ARRESTING
~
FILED.
MAY 2 31985~
~~o9. . ,.~. . .
~lYN ~. l:ll]~!
. .
~M DISTRICT OF NEW JERSEY
On Indictment/Information/Complaint Cr. No • 83-199
Mag.No.
.
UNITED STATES OF AMERICA v. TRACY WONG
( defendant}
PETITION FOR WRIT OF HABEAS CORPUS: Your Petitioner shows that:
1. TRACY WONG is now confined in

FCI, Danbury, Connecticut
2. Said individual will be required at Newark ,-

N.J., before the Hon. Herbert J. Stern ,
on June 10 , 19~, at {8:00 am,/2pax for hearing, Rule 35
in the captioned case, in which he is a defendant ,
and a Writ of Habeas Corpus should issue--,,f~o-r-,,t~h-a~t,_p_u_r_p_o_s_e___
QATED: /s/ BRUCE REPETTO

Petitioner
ORDER FOR WRIT: Let the Writ Issue.
DATED: TERN
UNI TRICT JUDGE
\._j '----./

U.S. Marshal Service and authorized representatives and
Warden, FCI, Danbury, Connecticut
WE COMMAND YOU that you have the body of Tracy Wong

(by whatever name called or charged),
now confined in FCI Danbury
before the Uni te-=d--=s:-:-t-a-=t_e_s---:D=--:-i-s-:-t-r-:-i-c-:-t~c=-o-u_r_t~,...b-e-:::f,-o_r_e___,t,..,h_e_H,.,,.....o_n_______
Herbert J. Stern in the Post Office Building
at Newark , N.J. on June 10 , 19 85, at/S:00 am/2B{n
in civilian clothes, for a Rule 35 Hearing-- in the
captioned matter. Immediately on completion of.the proceedings,
defendant will be returned to said place of confinement in safe
and secure conduct. ·
WITNESS the Honorable ~ ~ ":;s" • ~ LA 0
U.S.D.J. at Newark, N.J.
DATED: ""-o-- Angelo W. Locascio

Per: ~~~,-.,,,
Deputy Clerk ·
;;, ,// ;·:> ·,
:_;-I~, . -..-1'._,,-
United States of America vs. United States District Court for
I ! ~
DEFENDANT
L---------------------1 1--~-s--t;.;.,.,±G'E.--e-E-New--J"&.1? . -
the defendant appeared in person on this date ---------------11111- March 14, 1985
4--J WITH COUNSEL I___ .E_~l:__.S.._.Z..ei.l.e.r_,__E..s._q_., _ _ _ _ _ _ '-_~~----------_J

(Name of Counsel) . .-,--:-'>. ·
~LX-1 GUILTY, and the court being satisfied that L__J NOLO CONTENDERE, L__J NOT GUILTY
__=J there is a factual basis for the plea,
L--1 NOT GUILTY. Defendant is discharged

{
l__l GUILTY.
knowingly did use a communication
Defendant has been convicted as charged of the offense(s) of
FINDING &
facility to aid in the distribution of a Schedule I controlled
JUDGMENT substance, on the Information.
was shown, or appeared to the court, the court adjudged the defendant guilty as charged and convicted and ordered that: The defendant ls
hereby committed to the custody of the Attorney General or his authorized representative for imprisonment for a period of Three ( 3 )
SENTENCE years, on the information, and that he do pay a fine of $3,000.00.
OR Execution of Term sentence is hereby suspended and the deft is placed
PROBATION on probation for a period of Three (3) years, from this date.
ORDER
Ordered indictment No. Cr. 83-199 dismissed.

SPECIAL
CONDITIONS
OF
PROBATION
At 8~/.::}~:~~~ ---
lALL YN z. I IT/C:-
ADDITIONAL ln addition to the special conditions of probation imposed above, it is hereby ordered that the general conditions of probation set out on the
ilGNED BY
....,xJ U.S. District Judge
__j U.S. Magistrate

► 3/15/85
I
U.S. Departmen .. ..1f Justice

970 Broad Street, Room 502 201/645-2155

Newark, New Jersey 07102 FTS/341-2155
January 31, 1985

FIL~ED
..Jrt#~ :?/, ,~85
Peter Shelley Zeiler, Esq.
401 Broadway, Suite 1100 l(J,'/-ef 11
At ..818{f'L......:........................f.t.:M
New York, New York 10013 ALLYN Z. LITE
Re: Plea Agreement with Jay Sicre C,r o<.73-)qq
( HJ" 5
Dear Mr. Zeiler:

agreement between Jay Sicre and the United States Attorney for
the District of New Jersey.
Based upon the understandings specified below, the

United States will accept a guilty plea from Jay Sicre to a one
count Information charging a violation of 21 u.s.c. Section
843(b), carrying a maximum sentence of four (4) years and a
$30,000 fine. If Jay Sicre enters a guilty plea and is
sentenced on this charge, the United States will dismiss
Indictment No. 83-199 and will bring no further charges
relating to the conspiracy which is the subject of that
indictment.

Jay Sicre is within the sole discretion of the sentencing
Judge. This Office cannot and does not make any promise or
representation as to what sentence Jay Sicre will receive nor
will it recommend any specific disposition. However, this
Office will also inform the sentencing Judge and the Probation
Department of: (1) this agreement; (2) the nature and extent of
Jay Sicre's activities with respect to this case; and all other
information, favorable or otherwise, in its possession relevant
to sentence. It is understood that the United States
any application by Jay Sicre for a reduction of sentence
requested.

or may arise involving Jay Sicre, including, but not limited

parties.
Very truly yours,
W. HUNT DUMONT
United Stafes Att
By: MICHAEL V.
Assistant U.S.
- 3 -

Peter Shelley Zeiler, Esquire, have read it, and I hereby
acknowledge that it fully sets forth my agreement with the
Office of the United States Attorney for the District of New
Jersey. I state that there have been no additional promises or
representations made to me by any officials or employees of the
united States Government or my attorney in connection with this
matter.
Witnessed by:
UNITED STATES OF AMERICA Criminal No. ~3- f q q

v.
21 U.S.C. §843(b)
JAY SICRE 18 u.s.c. §2
The defendant having waived in open court prosecu-
tion by indictment, the United States Attorney for the District
of New Jersey charges:
That during the period in or about the month of
February, 1979, the defendant
JAY SICRE
did knowingly and intentionally use a communication facility,
that is, a telephone, in facilitating the knowing and inten-
tional conspiracy to distribute Thai sticks (Cannabis sativa
L.), a Schedule I controlled substance in the District of
New Jersey, a felony under Title 21, United States Code,
Section 846.
In violation of Title 21, United States Code,
Section 843(b) and Title 18, United States Code, Section 2.

No. ___________ _
~ftnit.eh ~tat.e11 ~i.strid Ofourl

'VB,
JAY SICRE
I N F O R MA T I O N
21 U.S.C. §843(b)
18 u.s.c. §2
W. HUNT DUMONT
·--------··-- ··--
u. S. Attorney Newark, New Jersey
/
BY: MICHAEL V. GILBERTI
FPI-IIAR-10-S I• 78,311-7 40
(Et!. 10-18-63)
Form No. USA-48-CR7
SICRE. JAY
ARREST DATE (Defendant's Name (AUSA - Tel. No.
[ ] Petty
[ J Minor
[ J Misdemeanor (Defendant's Address)
[ ] Felony Check, if juvenile [ J
Check, if HIGH RISK [ J
Was a Summons issued? [ J Yes [ J No; Date:
---------
Offense charged: use of a communication facility in facilitating
a conspiracy
U.S.C. Citation: 21 USC §843(b) and 18 USC §2
Where was offense committed? -----,--,----,----,=-----:::-----,:----::,------------

Has a complaint previously been filed? [ J Yes [ J Mag. #
-------
Bail [ ] WAS [ ] WAS NOT set by Mag/Judge _ _ _ _ _ on _ _ _ _ _ l9
in the amount of$ , in the nature of:
-~----------
[ J Personal Reccg. [ J Surety Bond
[ J Unsecured Bond [ J Collateral
[ ].,....--=--=% De_posit [ ] Third Party Custody
DEFENDANT IS NOT IN CUSTODY and:
[ ] has not been arrested, pending the outcome of this proceeding.
[ ] is a FUGITIVE.
[ ] is on bail or release from (show District)
DEFENDANT IS IN CUSTODY at (show institution) - - - - - - - - - - - - - - -
[ J on this charge
[ Jon another conviction
[ ] awaiting trial on other [ ] FEDERAL [ ] STATE charges
[ ] Writ of Habeas Corpus appended
[ ] Bench Warrant requested as detainer
On what date did continuous custody begin on this charge?

If arresting agency & warrant were not Federal, what date was defendant
transferred to U.S. custody?
----------------
This defendant/proceeding (to be) transferred pursuant to
F.R.Cr.P. 20, 21, 40 from/to which District?
(circle one) ----------------
Is this a prosecution MAG/CR NO. MAG/JUDGE YES NO
(1) of a charge previously
dismissed on motion of
[ J U.S. [ J Defense [ J [ J
(2) after a mistrial? [ J [ J
(3) after appellate action? [ J [ J
(4) which supersedes a previous [ J [ J
pr csecution?
Is any time between arrest and the filing of this information/indictment

excludable pursuant to 18 U.S.C. § 316l(h)? [ J Yes [ J No
if answered "yes", indicate below:
DATES STATUTORY
(from) ( to) REASONS FOR EXCLUSION AUTHORITY
Estimated time for trial:
Defense Counsel's Name:

Waiver of Indictment
f,9
Cr. Form No. 18
lluitrh §tat.rs 1llistrirt Qtnurt

FOR THE
,
JAY SICRE
JAY SICRE the above named defendant, who is accused of

knowingly and intentionally using a communication facility,
that is, a telephone, in facilitating the knowing and intentional
conspiracy to distribute Thai sticks (Cannabis sativa L. ), a
Schedule I controlled substance in the District of New Jersey,
a felony under Title 21, United States Code, Section 846.
In violation of Title 21, United States Code, Section 843(b)

and Title 18, United States Code, Section 2
being advised of the nature of the charge and of h is rights, hereby waives in open court prosecution
by indictment and consents that the proceeding may be by information instead of by indictment.
Date
(
1'
I - /
1
•c Ii1 c:} r}
CR 12 (Rev. 6/82) A L:_\ _- ) (1
WARRANT FOR ARREST
. ' . --' . DISTRICT -
!-
~nit~~ ~tat.es. ~'f" . rtd ('!Iourt .:. ,
UNITED· ST A TES OF AM_E_R_I_C_A-------i--D--o~c...,,,KE~T.1..N-'o"".~~.......-----,.-M-A_G_1s_T_R_A_T_E_c-As_E_N_o_._ __
,-: ·: r
,.
v. >1
TRACY WONG et. al.

D Order of Court
· Kl l'ndictment D Information D Complaint
DISTRICT OF ARREST
TO: any U.S. Marshal or any other ..
authorized law enforcement officer.
CITY
before the United States District Court. to answer. to the charge(s) listed below.
IMPORTATION & DISTRIBUTION OF A CONTROLLED SUBSTANCE.
DEC ij W~1
At~·q·Jt
.............................../f;fv.. M '-
ALLYN z.. LITE ...
UNITED STATES CODE.TITLE SECTION

IN VIOLATION OF 21 §841, 846, 848, 952 ·
CLERK OF c o u l l t l YN z~ Lilt (BY) DEPUTY CLERK DATE)SSUED
R 7-15-83
RETURN
SIGNATURE OF ARRESTING OFFICER

f;~ '"
:.·::::.
UNITED STATES DISTRICT COURT r:::::
UNITED STATES OF AMERICA .. ......

Cr. No.
. i. •••••
.. NOTICE OF APPEARANCE
..
.
SIR:

1:::::
. . . .~
- - - - - - - - - - +1?s i'\ \!:::f' , , , the defendant
IJ~-U..l~l..---.;:;...------..;...
..:::;~;..
.
._
DATED: ./,Q-:;?--XV
7et-0v S~e,\·\e'1 2~ lfy ·
F.ttorney for Defbndant
Fl LED Yo I 13 ro~wCkj -N.\GfJ.Y,ioorstiiiJ

Address ·····
_U t:. C 3 . 1984
e,t 8~ . .3..:.:.¥.rJ...............f.M·
· ALLYN Z.· LITE
'--- · Telephone Number.
MASTER REAL ESTATE, INC.
DANIELL. MASTER, Pres.
"LIST WITH MASTER - WE WORK FASTER" 31 30 AMBOY ROAD, OAKWOOD
STATENISLAND,N.Y. 10306
(718) 987-3000
USA ~vs- JEFF SICRE
December 3, 1984
Mrs. Betty Lussier

437 Bertram Avenue
Staten Island, N. Y. 10312
Dear Mrs. Lussier:
Please be ad vised that I reviewed your property known as Tax Block

6456 Lots 35 and 37 and I have compiled the following facts:
One of my comparables in evaluating this piece was the adjoining parcel

( Block 6456 lots 25, 31 and 33) which was sold at public auction on
July 27, 1983 for $90,000.00. This parcel consists of 18,956 square
feet or $4. 75 pe:r; square foot. Your pieces contain approximately
11,226.8 square feet, therefore, times $4.75 per square foot would equal
$53,327 .oo.
However, the comparable was 16 months ago and, therefore, I do see

an increase in value of 12%, therefore, I conclude that the true value
today is approximately $59,726.00.
Please contact me if you need any further information.
Yours very truly,

MASTER REAL ESTATE, INC.
Fl LED
uc.G 3 1984
Thomas A. Maira
.~-~ -~· ~d._. . . . ..t,~
bt_,p,v-····.,2....... ..N
z.. LlI5
[B
ALLYN
MEMBER:
STATEN ISLAND REAL ESTATE BOARD, INC.

REALTOR®
NEW YORK STATE ASSOCIATION OF REAL ESTATE BROKERS, INC.
-flGHEST STANDARDS
OF PROFESSIONAL SERVICE NATIONAL ASSOCIATION OF REAL ESTATE APPRAISERS, INC.
\
COMPLETE INSURANCE SERVICE
}944 RICHMOND AVENUE

EDWIN A. JASON, President
STATEN ISLAND. N. Y. 10}12
JOAN M. JASON. Vice President
TELEPHONE: 984-6767
May 18, 1984
Betrty Lussier
437 Bertram Avenue
Staten Island, NY 10312
Dear Betty,
As per our discussion, we are enclosing a computer
print out on your home, which indicates a value for replace-
ment cost of $87,115.
You must bear in mind that this is a valuation based
on the number of rooms you have in the house and does not
take into account the type of decorations you may have that
may enhance the value of the house. I do believe it gives a
fairly good idea of what your house is worth. Your homeowner
policy right now is for $79,000, with the inflation guard,
the amount of insurance will go up to about $85,000 automa-
tically.
I don't think we will have to do anything with the
coverage now. However, there is one form that we could
attach to the house. It's called a "Guaranteed Replacement"
endorsement. For $3.00, we can add this to the policy, which
will guarantee that the company will replace your house.
Please call me if you wish this form attached to your
policy.
Thank you.
Sincerely,
Enclosure:
EAJ:lrnd
q,
STATEN ISLAND NY 10312
iy.:,f0;:c>:C~~·i:<f::<**·***/.<l!t~<** *'* ** )!( )!( )\( >X :l< )',( >.'< *** **~'( i< **
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)iddL.LING-DESCHIPTidN ·,
',. ·:-:,-: : _- - , cf,l1~STRUcTI ON • CUSTOM
. , : :~ir
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'.HfS·':SYf<Y~X-'IS_:B?)f:iEDON INFORMATION COMPILED BY

·:1 :·1.
H;:;GHAl,iJ: H.ILL. COST ·INFORMATION SYSTEMS.
'.•:···-.-·:-·.'.~<-'r.: ·:_;;·:•.< •, ···. . ,•,.· ..
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/ UNITED STATES DISTRICT COURT
UNITED· STATES OF AMERICA : No. K-:?-19 9

-=rc.\j ·,S; C ce_.

It is on this -3r:c:I day of Pe c ':6'1 l>e_c I l92V I ORDERED:
That bail be fixed at $ /(} () ?i 0(). <)<)· and the defendant.be

I
released upon:

b. Executing an appearance bond and depositing in cash in
the registry of the Court % of the bail fixed.
@) Executing an appearance bond with approved sureti~~, or
the deposit of cash in the full amount of the bail/in
- - - - --- ---,--~---
lieu thereof. l3-e .,..,_;··-'2,·z\?~'-\2:> \ ~' S-\-,,, ~-:t-~ k.,,J, Nj
.

followi.ng conditions are imposed:
· 1. That the defendant not attempt to influence,

not tamper with any witness, victim, or in_fo.J;_mant.; an_d ___.
not retaliate against any witness, victim, or informant
in this case. ·-·· ·
2. That the defendant be released in the custody of
. ~-----,---,----,----,,----------
3. That the defendant be restricted in travel to
4. Additional conditions:
It is further ORDERED that the hed with

a copy of this order and a notice of the e to
violation of conditions of release.
,.
'
u. s.
I hereby certify that the defendant was furnislf"'ed (personally) a copy
of this order and a notice of penalties a~plicable to violation of
FIL: ED /d, ~<~L
\
L---" - / -DEPUTY CLERK
DEC 3 ·.1984
At ~...$.~r....~............/?.M '
ALLYN z; LITE
r, , . UNITED STATES GOVERNMENT I;
----
·1 I ; .- \ /
L\ i I u I
1
'
memorandum
{
j • I ' '
OAlE;
NOVEMBER 7 ,, 1'984
ULPl.Y ro EUGENE G. LISS, u.s. Marshal ,..
A r1 N CJf;
SlJBJt;C. T:
Legal Advertising
'•J, Clerk, u. s. District Court

AUSA BRUCE REr~TTO
Re: uSA V TRACY WONG
Civil: CRIM. 83-199
with reference to the the above captioned case, forwarded

herewith find:
with Affidavit NEW YORK POST
(Publication Media}
possible.
(bate>
r:;;" D Vi
f;
v::q r--,,
,, :;
'"'~•'..'·:r,; {,_.•~-,~ i·..,_., ,''
t' •·j ~ r
i, lJ v
1984
At~4.~JP . . . . . . .l
ALLYN Z. LITE

(REV. 1-110)
~ GSAFPMR(41 Cf"R) 101-11.8
5010-114 .
State of New York
COUNTY OF NEW YORK }
&/-~U/YU) being duly sworn,

says that he is the principal Clerk of the Publisher of the
~
....... ~(m
LEGAL NOTICE a daily newspaper of general circulation printed and pub-
NOTICE OF COURT HEARING
By order of the United States
District Court for the District of
lished in the English language, in the County of New York,
New Jersey ·notice Is given of a
·hearing before the Honorable
State of New York; that advertisement hereto annexed has
Herbert J. Stern at 2:00 p.m. on
October 22, 1984 al the U.S. Post
been regularly published in the saisl, "N~W YO,l!,K,...POST"
Office and Courthouse Building,
Newark, New Jersey 07101. At this
once, on the / 0> /-./4 day of (;J Cf° 19_0--'-'Y_ __
hearing the Court may order the
sale of the property on Little
Noyack Path In the Stale of New
York, County of Suffolk, Town of
Southampton more particularly
described as follows:
BEGINNING at the southwester-
ly corner of the premises about to
be described, where the same Is
intersected by the northerly side
of lands now or formerly of Heirs
; of A.M. Cook; running thence
from said point or place of begin-
ning, along the easterly side of
· Jarid now or formerly of William
·s.· Haines, North OJ degrees 26
minutes 24 seconds East 783.119
•feet to the southwesterly side of
.Lillie Noyack Path; thence in a
general southerly direction along
the southwesterly and weslerty
sides of Lillie Noyack Path, the
following three courses and dis-
tances: (l) South 12 degrees 21
minutes 10 seconds East 29.2&
feet; (21 South 23 degrees 10 mln-
utes 40 . seconds.
East 342.71 feet; (J) South 00 de-
grees 10 minutes 05 seconds East
347.119 feel lo land now or former-
ly of Heirs cif A.M .. Cook; thence
South 64 degrees. 19 minutes .co
seconds West along the last men-
tioned land 209.92 Ifft lo the polnl
or clace of beginning.
BRUCE REPETTO
. _ .. . , ~ Disto;t, ~ Jersey j IJ
1 · r-,,..,..,,
, .1._., '\ ,_, _. ,,.,'.y:
,..,iu;· ~rcn-.~ rz~~..'l
<.\'A(l , l->3'10
o, Y! i>IU
I,
~~-:~~..,_tJ?? ~mo,,-~ n:;.noM f US!-.?~
~~a-n-o
Sworn to before me this.,2Yl'.'.h day of{/ if if=Y
~~~
Sl'fPtMllNSO'
No~~ • Cot New York
No, 30-4504739
Qualified ii, Bronx County
CommissioR Expires March 30, 1985
( ( ) UNITED STATES GOVERNMENT k
OAT": OCTOBER 31~ 1984 memorandum
REPLY TO
ATTN Of·: EUGENE G. LISS, u.s. Marshal
-~·
·sueJ.;cT:
Legal Advertising
'(): Clerk, u. s. District court

..-,•) ~ AUSA REPETTO
\Or/ Re: USA vs TRACY WONG
\ ~
/J ~ CRIM. 83-1995f-
,·1.)
With reference to the the above captioned ~ase, forwarded

herewith find:
with Affidavit NEWARK STAR LEDGER
- (Publication Media)
possible.
(Date)
Fl LED
OCT 3 11984
".~ ..1..l1:~e.
ALLYN Z. LIT6
·1
•
(REV. 1-eo)
GSAFPMR(4I CFR) 101-11.•
501~1l4 .
ohtJr)lf ihe'Uniied ,St~tes _Dis\rlc(Court t~i: )he
rjct of Ney, Jersey not1.c11, is.,g1.v'en ,of a hearing
Pt, f
or,e'the HoMrable 1:1er}ierf :J/Stew.'.a:t:2l00
ob'e{t!;1984 at \he u,s, flost 9flit e:a
0
~9A{~~i;
\
se·suflding; llle:,vark;, New 4erseY. 07 10 •
ring.theCou.rt ma~ a.rd.er the.sale of t~e Aropert~
Litt/e,N.oyack P,ath ,n,the·State of ,New Yor~,. Coun
fsu. tfglk, :rown of southamp..t.~n mot;~ part1cul~rlY
crlbedas foflows: •· " ·· · • h
eGINr(IING at the. soulhw,_ste,rly. c'orher. o1 t .e
mises· about to be,d.escrl.bedi •wl)ere the; same ,s
rsected by. the northerly; sfde Of>lands now or
merly of Heirs ofA.M. ·cook; running thence. from
d point or place of beginning, along the easJe~ly
e ol land .now or-formerly of Wiµiam S, ·Haines,
minutes 24 sec~nds East 783.89 Being dul~I, s or~c9,9rding to law, on h,.,A--1',_...... oath say-
eth that/fJ,e is _L,,.__..::.....JC-=-t.&-:,__~
_________ of the
0
Star-Ledger, in said County of Essex, and that the notice,
(~\\outh 00 degrees 10.minutes 05 seconds Eas,t,,'
89 feet to la,n,d now .or formerly of Heirs of A.M.
k; thence South 6.4 degrees 19 minutes 40 seconds ·
of which the attached is a copy, was published in said
t alonfthe last mentioned land 209.92 feet to the
ntorplaceofbeginning. BRUCE REP!,TTO paper on the /j -- day of CfL.e.;t:f'7/Y
Dist. of.New ~ersey and continued therein for_ _ _ _ _ _ _ _ _ _ _ __
successively, at least one~· each
for 0
~/4-cl~t~s;.f~----
\
Being dul~ s or:::cpprding to law, on h-,,vc_/oath say-

eth that /f)ie is LL~..- of the
OU
Star-Ledger, in said County of Essex, and that the notice,
(3) South 00 degrees 10 m_inutes 05 se~onds Eas.t,
89 feet to land now or formerly_ of. Heirs of A.M.
k· thew:e south ~4 degrees 19.m,nutes 40 second_s •.·
of which the attached is a copy, was published in said
t'along the last mentio~ed land 209.92 feet to the
nt or place of beginning. BRUCE REP!:l'TO paper on the /J -
day of Cf2:c.__:t: ( rlY
Dist. of New ~ersey and continued therein for_____________
;:recessively, at least onc91 each Q__
(lk__Lcl~--t<g,;;;____
(

/0~
On Indictment/Information/Complaint CR./MKG)(XN~:lCXX NO. 83-199
UNITED STATES OF AMERICA v. STEVEN KAUFMAN #39660-080

Defendant
PETITION FOR WRIT OF HABEAS CORPUS: Your petitioner shor, 1.:ro
1. STEVEN KAUFMANL #39660-080 is now confined in
Federal Correctional Ins ti tut ion,., ,Talladega UCT u2 1987

2. Said individual will be required at Newark, Ne@(Jll)jA~iQrJ, HEDGEE~
N .J., before the Hon. Ronald Hedges US M4G'ISIRATE
on October 27 , 19 87, at 10: 00 am/2gm{
for arraignment in the captioned case, in which he is
a defendant and a ~ of Habeas Corpus should
VZt 1 /~----
issue for that purpose.
DATED: 10/11/81
/
w. ~
Ass'ist/apt'\ United States Attorney .
Petit:!dner
PAUL J. FISHMAN
ORDER FOR WRIT: Let the Writ Is
DATED: / o{ z../ f 7

United States Marshal, District of New Jersey and/or
Warden, Talladega FCI
WE COMMAND YOU that you have the body of Steven Kaufman #39660-080
_________________ (by whatever name called or charged}
now confined in ~....,,T,...a_l_l_a_d_e__g"-a.........F_c..,.r_ _ _ _ _- _ _ _ _ _ _ _ _ _ _ __
Ronald Hedges in the Post Office Building at
Newark, New Jersey ,X~XM• on October 27 1987,
at 10 am~, in civilian clothes, for arraignment
=~~~:!. t~~ ~~1.:,@s:::~ :-,) ({~&F US'1 ,

\. ~<c:,, '-, \
DATED:\c::>\~~~ WILLIAM T. WALSH
~'\ Clerk of the U.S. District Court
Per: ~ ~A ,n,R~~,o
beoul'v~P rk
DPputy"'-G>lerk ~
Cr. No. 83-199
------------
J!iuileh ~taft11 ~i11trid Qfourt

1)8.
STEVEN KAUFMAN
-~
PETITION, ORDER AND WRIT

OF HABEAS CORPUS
SAMUEL A. ALITO, JR.

BY: PAUL J. FISHMAN
FPI-IIAR-I0°S I• 71°3 II• 7 40
(Etl. 10-18-63)
Form No. USA-48-CR7
ORDER OF RE-ASSIGNMENT
It is on this / ~ a y of January 1987, on the
Court's own motion,
ORDERED that the criminal actions listed and appended
hereto are hereby re-assigned from JUDGE HERBERT J. STERN To
UNASSIGNED.
Cr. 78-47 USA, vs. ALFREDO CONCILIO
Cr. 79-115 USA, vs. ROBERT GASCHLER
Cr. 80-345 USA, vs. TADEUSZ CZERWINSKI
Cr. 82-346 USA, vs. JEFFREY LEVY et al.
Cr. 83-199 USA, vs. OLAYINKA SDNAY FISCHER, et al."-"'
Cr. 84-296 USA, vs. BEVERLY MASON
Cc. 85-229 USA, vs. LESLIE MUNOZ
Cr. 85-343 USA, vs. ALFRED GARCIA
FISHER, CHIEF JUDGE
·FltED
'JAN 2 C1987
At 8:3J,_ _ _ __.M
WILLIAM T. WALSH
CLERK
OCT 201986
1

Al 8:30 ;{)'.CT) :? M DISTRICT OF NEW JERSEY
WILLIAM T- WALSH

Criminal No. 83-199
v.
0 R D E R
TRACY WONG
This matter having been oper.ed to the Court by defendant
Tracy Wong's motion for reduction of sentence pursuant to
Rule 35 of the Federal Rules of Criminal Procedure; and the
Court having considered the papers filed herein;
It is on this 16th day of October, 1986,
ORDERED that Tracy Wong's motion for reduction of sentence
be, and it hereby is, denied.
Judge
f\lED
Federal Prison Camp

Pembroke Station
Danbury, CT 06811
8 October 1986
The Honorable Herbert J. Stern

United States District Judge
United States District Court of the
United States Post Office and Courthouse
Dear Judge Stern:
In my last letter of July 2, 1986, I presented various incidents of assis-

tance and cooperation in which I was involved, here at Danbury. Hopefully,
I succeeded in conveying to your Honor a more focused image of my character,
as reflected by these events, than has been attempted by either myself or
others, heretofore.
The purpose of this letter is to expand upon what I feel was a colossal
breach of duty and, yes, justice on the part of the U.S. Parole Commission
with regard to its initial review of my case, February 26, 1986.
At that time, as your Honor may recall, I was represented by Dennis M.

Luther, the Warden of Danbury. This was only the second time, during his
entire 18-year career with the Bureau of Prisons that he has ever appeared
on behalf of an inmate before the commission.
Judge Stern, from my very first encounter with the Government--a meeting
with the Drug Enforcement Administration (DEA) in February 1982--I have
always cooperated with every governmental agency asking for my assistance.
As revealed to you by my conduct, here at Danbury, I have steadfastly main-

tained this position--even when I was threatened and even when I was placed
in mortal danger in exposing the wrongdoing of a renegade Lieutenant. In
doing so--at the cost of possibly jeopardising my own well-being--my work
averted a potential disruption or riot from occurring at this Institution
which, in turn, could have resulted in the loss of inmate and/or staff
lives. Moreover, it could have precipitated an even greater calamity be-
cause the disruption was scheduled to take place during a Bureau of Prisons'
Wardens Conference. Please note the enclosed memorandum and letter des-
cribing my actions.
The Honorable Herbert J. Stern Page Two
Newark, New Jersey 8 October 1986
Because I have followed every policy and program mandated by the Bureau
and the Parole Commission--far, far beyond the norm--I honestly feel that
I have earned some sort of sentence relief.
Please, Judge Stern, I pray that you are not offended by what I have just
said as I would never be so presumptuous as to state my feelings--in writing--
unlessifelt strongly and believed in not only myself and my actions but,
moreover, the intent of the various mandated rules, regulations, programs
and policies of the Bureau and the commission.
The relief I should have earned is not forthcoming from the Parole Commission.
Specifically, under provision of the U.S. Parole Commission Manual, 28 C.F.R.,

2.63 REWARDING ASSISTANCE ... CRITERIA AND GUIDELINES and 2.60 SUPERIOR PROGRAM
ACHIEVEMENT, I am entitled to a minimum of 18 months or more of sentence re-
lief. Please see enclosed copies of these articles.
Furthermore, just days prior to the actual hearing, John Gonzalez, who, at
the time, was my Casemanager, assured me that the commission would look so
favorably upon my service to this Institution that I would most likely re-
ceive a "two or three year reduction in (my) sentence." Judge Stern, these
are the works and impressions of a professional in the field of correctional
work--not my own!
Moreover, two daysago, on October 6th, in a telephone conversation with my

parole attorney, M. Yvonne Gonzalez, Ernest J. Stoukas, United States Pro-
bation Officer in your district stated, "Tracy has certainly been dealt with
harshly. Although he (Tracy Wong) will not be under my supervision because I
am retiring, next year, I shall do anything I can to help him."
Judge Stern, this same man--a probation officer of your Court--originally rec-
commended a 12-year sentence with parole eligibility at the end of 42 months
of incarceration. I, now, have a 10-year sentence!
After automatic changes in guidelines from 40-52 months to 52-80 months and,
finally, to 100 plus months, after my sentencing, I am facing a total of 70
months of incarceration. Every time I cooperated, my "time" increased!
Therefore, I, now, am facing an additional three (3) years of incarceration--
more than double my original sentencing recommendation from·the Court--for ex-
tensive cooperation!
To compound my sense of dismay, the Warden, the Associate Warden, Page True
and the Superintendent of Federal Prison Industries, Peter La Guardia, all
said, "Tracy, you will definitely be rewarded." During the course of my
The Honorable Herbert J. Stern Page Three
Newark, New Jersey 8 October 1986
acting in an undercover capacity for the Danbury administration, the en-

couragement of seeking a "reward"--in terms of a significant sentence re-
duction--was made to me on three.or four separate occasions by each one
of the previously-mentioned individuals.
With over three (3) years "behind bars" past me and given "this most un-
usual" and "truly remarkable" example of inmate cooperation as characterised
in Warden Luther's letter of March 11, 1986 to the Northeast Regional Parole
Commission, Daniel R. Lopez, it becomes painfully apparent to me that pre-
siding judges--in the name and interest of justice--must use their discre-
tionary powers in order to stop the parole commission's frustrating of the
sentencing expectations of the Court and, moreover, to provide relief honest-
ly earned by inmates according to Government rules and regulations.
Judge Stern, I hate to burden you with the gravity of this letter given the
ever-increasing case loads of Federal judges, but you, your Honor appear to
be the only person to whom I can turn. Please. your Honor, give substance
to that often heard expression, "justice with mercy."
Thanking you for your time and consideration, I remain
Yours truly,
Attachments
UNITED STATES GOVERNMENT
memorandum
sul!IJECT: Cooperation with Administration
RE: ~G, Tracy; REG.NJ. 06005-054
F•O•I• EJ\ 11, Ii 1
YE~i1 1 DT
To: Dennis M. Luther, W a r d e ~ ~

Page True, Associate W~~;r--- ,J)-~
~
In November, 1985, I instituted· a reccmnerrlation for Disciplinary

Action against a Lieutenant at FCI, Danbury, Connecticut. This
. Disciplinary Action recarrnendation was a result of unacceptable per-
formance of his assigned duties. Irmediately following the issuance
of my proposal to this employee concerning the Disciplinary Action,
Im1ate l'K:NG, Tracy; REG. NJ. 06005-054, provided Administrative
Staff with infonnation concerning the errployee.
Inmate WOOG infonred Institutional Staff of the errployee's contact

with him and the errployee' s attempt to coerce inmate WCNG into acquir-
ing evidence which would be derogatory concerning the Institution.
The errployee bad confided. m Inmate ~ concern.ing his personal
life and circunstances relevant to the Disciplinary Action proposal..
The emp:J..oyee bad also made several staterrents which -were not consistent
with professional contact with an imate. Imlate ~ infODIEd
Institutional Staff with detailed accounts of his conversations with
the employee. Imate w:NG furtrer agreed to aid the Institution
.in their :investigation .into the employee's suspected unprofessional
contact with inmates. During Nove:nber.r 1985 and Decam:>er, 1985.,
Inmate WrnG provided Institutional Staff with written and oral accounts
of conversations with the enployee. Inmate WCNG further informed.
Staff the errployeewas plannmg to errbar.rass the Warden and the Instit-
ution during a Warden 1 s Conference in January, 1986.
In the later portion of Decembel;", 1985, the errployee was confront-

ed with an official investigati cm concerning the infonnation inmate
WOOG had provided. During the investigation, the e.rrployee- elected
to resign fran his position at FCI, Danbury.
Imate WCNG' s willingness to care fo:rward with the infonnation

he possessed and cooperate with Institutional Staff was a contributmg
factor in the Bureau of Prisons identifing an errployee having unpro-
fessional contact with inmates. Inmate WCNG' s infonnation was accurate
and was an asset to an internal investigation. I an of. the opinion
the Parole Carmission should be made aware of Imate WONG's cooperation
with Institutional Staff concerning this matter. I would· recamend
this merrorandun be made available to the hearing exam:iners durmg
Imate WCNG's parole hearing.
[ f\ I
©
. U.S. Departm~ of Justice
}.
.
Federal Bureau of Prisons
Federal Correctional Institution

ii
Dant>ury, CT 068/0
Daniel Lopez, COlnmissioner March 11, 1986

U.S. Parole Commission
G.S. Customs House, 7th Floor
2nd & Chestnut Streets
Philadelphia, Pennsylvania 19106
Re: WONG, Tracy

Reg. No. 06005-054 (I)
Dea:- Commissioner Lopez:
In furtherance of our recent telephone conversation concerning 1-~.

i';ong, I am submitting this co:-:respondence. At the request of }.~. Wong,
~ rur. also forwarding his written parole st.atement.
I.~r. v:ong' s assistance in several sipifi cant internal investiga t"ions.

of staff anc inmate nisccncu~t is t:rul:: remarkable. His e!'fo:-ts have
so inpressec me, that I appeared as_~is :-epTesentative during the parol~
hea:--in?.S here last week. I bave cnl;i: one~ previousl:; appearec as e
parole :representative ~or any in.~ate.
L:.:-. i'.'ong has f'One beyonc p~,d ding intel:i.ig-enc':: Tega-:-ding irm1ai.e c"!"'..iL
'JSe, al t..11cugh :-1e has ce:-tainly been rr:ort !'le:i.:r;:'u:i. in triat area. Du. . . .:.nr
o:' l qe5, 1.~:r. v;ong- app:roac.heC !.!.E v:.: t.!'"l ir~:o::-rnatior1 con~e1r . .:n,
l~ove~'he:=-9
t::ie possible v.'1"onf-doing of a Li€ut,e::.a:!1"'~· \":i tr: l~r. Wonf' s hel~.
~landestine me-etinrs, debriefings anc v."'!':i-::-ten :repc'!'~E, we w~e able
-r,o conduct a thorough internal investif'ation v:hic!"i would have lee to
the Li eutenan"t.' s "te:!T.!ina"t.i on had he not resigned.
Various .fede'!'al and mu"1icipal

.. law enfOTce:ment efforts have also received
l~r. V.'cng' s assistance. Pa'!'ticularly noteworthy is his help in an inves-
~ifation be:..ns c:oncuctec -by detec~ives of tbe !J'.='.'1 Ycr-k City Police
Depar"t.ment into the mur-de:r of Char-lamb01' J..:manat.'J 6es, a :'o:rmer Danbu:r-y
:. :r....':'ia "t e •
Than}: you for :wu:r personal :ir:ter-est in :.r.i s r.:o!;~. unusua:i.. case4 ?lea.se
c:Jntae·t me ..if } ca-n pro1ridJ? an; fu~the.r !nf~rrnation.
Dennis t:. Lut er

V.'arden
/ ( ; ~2.57 SPECIAL PAROLE('"~RMS. (
-- ( a) The Drug Abuse Prevention and Control Act, 21 U.S. C. Sections 801 to 966,
provides that, on conviction of certain offenses, mandatory "special parole terms"
must be imposed by the court as part of the sentence. This term is an additional
period of supervision which commences upon completion of any period on parole or
mandatory release supervision from the regular sentence; or if the prisoner is
released without supervision, commences upon such release.
(b) At the time of release under the regular sentence, whether under full term
expiration or under a mandatory release certificate or a parole certificate, a separate
Special Parole Term certificate will be issued to the prisoner by the Federal Prison
System.
(c) Should a parolee be found to have violated conditions of release during

supervision under his regular sentence, i.e., before commencement of the Special
Parole Term, he may be returned as a violator under his regular sentence; the Special
Parole Term will follow unaffected, as in paragraph (a) of this section. Should a
parolee violate conditions of release during the Special Parole Term he will be subject
to revocation on the Special Parole Term as provided in Sec. 2.52, and subject to
reparole or mandatory release under the Special Parole Term.
(d) If a prisoner is reparoled under the revoked Special Parole Term a certificate of
parole to Special Parole Term is issued by the Commission. If the prisoner is
rnandatorily released under the revoked "Special Parole Term" a certificate, of
mandatory release to Special Parole Term will be issued by the Federal Prison System.
(e) If regular parole or mandatory release superv1s1on is terminated under Sec. 2.43,
the Special Parole Term commences to run at that point in time. Early termination from
supervision from a Special Parole Term may occur as in the case of a regular parole
term, except that the time periods considered shall commence from the beginning of
the Special Parole Term.
I §2.58 PRIOR ORDERS.
Any order of the United States Board of Parole entered prior to May 14, 1976,
including, but not limited to, orders granting, denying, rescinding or revoking parole
or mandatory release, shall be a valid order of the United States Parole Commission
according to the terms stated in the order.
fl §2.59 ABSENCE OF HEARING EXAMINER.

In the absence of a hearing examiner, a Regional Commissioner may exercise the
authority delegated to hearing examiners in Section 2.23.
II §2.60 SUPERIOR PROGRAM ACHIEVEMENT.
(a) Prisoners who demonstrate superior program achievement (in addition to a good
conduct record) may be considered for a limited advancement of the presumptive date
previously set according to the schedule below. Such reduction will normally be
considered at an interim hearing or pre-release review. It is to be stressed that a
clear conduct record is expected; this reduction applies only to cases with documented
sustained superior program achievement over a period of 9 months or more in custody.
(b) Superior program achievement may be demonstrated in areas such as educational,

vocational, industry, or counselling programs, and is to be considered in light of the
specifics of each case.
11/11/84 R82
, ('c) Upon a finding of supe('~ program achievement, a pre; usly set presumptive
date' may be advanced. Th1: normal maximum advancement p~rmissible for superior
program achievement during the prisoner's entire term shall be as set forth in the
following schedule. It is the intent of the Commission that the maximum be exceeded
only in the most clearly exceptional cases.
(d) Partial advancements may be given (for example, a case with superior program
achievement during only part of the term or a case with both superior program
achievement and minor disciplinary infraction ( s)]. Advancements may be given at
different times; however, the limits set forth in the following schedule shall apply to
the total combined advancement.
(e) Schedule of Permissible Reductions for Superior Program Achievement.

Total months required by original Permissible
presumptive date: reduction
14 months or less ...................... Not applicable.
15 to 22 months ........................ Up to 1 month.
23 to 30 months ........................ Up to 2 months.
31 to 36 months ........................ lJp to 3 niontns.
91 plus months ........................ Up to 13 months.
Plus up to 1 additional month for each 6 months or fraction thereof,
by which the original date exceeds 96 months.
(f) For cases originally continued to expiration, the statutory good time date
(calculated under 18 U.S. C. 4161) will be used for computing the maximum reduction
permissible and as the base from which the reduction is to be subtracted for prisoners
serving sentences of less than five years. For prisoners serving sentences of five
years or more, the two-thirds date (calculated pursuant to 18 U.S. C. 4206(d)) will be
used for these purposes. If the prisoner's presumptive release date has been further
reduced by extra good time ( 19 U.S. C. 4162) and such reduction equals or exceeds
the reduction applic~ble for superior program achievement, th~ Commission will not
give an additional reduction for superior program achievement.
I §2.61 QUALIFICATIONS OF REPRESENTATIVES.
(a) A prisoner or parolee may select any person to appear as his or her representative
in any proceeding, and any representative will be deemed qualified unless specifically
disqualified under paragraphs (b) or (c) of this section. However, an examiner or
examiner panel may bar an otherwise qualified representative from participating in a
particular hearing, provided good cause for such action is found and stated in the
record (e.g., willfully disruptive conduct during the hearing by repeated interruption
or use of abusive language). In certain situations, good cause may be found in
advance of the hearing (e.g., that the proposed representative is a prisoner in
disciplinary segregation whose presence at the hearing would pose a risk to security,
or has a personal interest in the case which appears to conflict with that of the parole
applicant).
11/11/84 R83
I §2.63 :REWARDING ASSISTANCE ..IN .. ,;;fHE PROSECUTION OF OTHER OFFENDEB'S;
" CRITERIA AND G' ·,pELINESt ..
(a) Under the limited circumstances described below, the Commission may consider as
a factor in the parole release decision-making a prisoner's assistance to · law
enforcement authorities in the prosecution of other offenders. The following criteria
must be met:
( 1) The assistance must have been an important factor in the investigation
and/or prosecµtion of an offender other than the prisoner. O'tW'e'ffligl'iifieai)J .
assistance. (e. 1g~, providing information critical to prison security~_ may also···.
be considered. · · .. ·
(2) T~~:)s~,is.H.rt~~JA~~t,.J~~ reJ:>orted J9+,,Jue~~GPm~.!~iioii""'fmWs icieij'.fl"q"'tTarm
e.~.i:,rnit.,t f~II_ ~valuation· to 6e ma~, and must be suppor;te· _;\: .. 9'f1<.
I ••
endorsement of th esponsible United States Attorney or-.an,··offic1a ..

equivalenf rant<:"·' owever, no promises, express or implied, as t,t·a"' a role
Commission rewar shall be given any weight in evaluating a prosecutorial
recommendation for leniency.
(3) The release of the prisoner must not threaten the public safety.
(4) · The assistance must not have been adequately rewarded by other official
action.
(b) If the assistance· meets the above criteria, the Commission may consider providing
a reduction of up to one year from the presumptive parole date that the Commission
would have deemed warranted had such assistance not occurred. If the prisoner would
have been contin.ued to the expiration of sentence, any reduction will be taken from
the presumptive parole date that would have been deemed warranted if the maximum
sen~ence. had been long enough to permit the Commission to exercise full. discretion.
RedUctidns exceeding. the one. year limit specified above m'ay_:be .. coriside~ec:.ffdnly.iaJa,
exceptional· circumstancEt~: .... ....
.11/11/84 R84
''♦
· · · · · · · · · - · • · - · - - - • - · " '.............
,...,.....
,..,,,.,.,,_
' )
'
J
1,ic~;..rr.i,..,..-----·---...
the defendant appeared in person on this date -·-----,~ •-
, ~ rf'AfrK. N.J.
counsel appointed by the court and the defendant thereupon waived assistance ~unsel
~ WITH COUNSEL
~) Et ~.r i · : : _ f' r !j• ~'.~ ".°~ -~. · .::.~j: t ~ ~·: ~_:t :~; ., ..r:- ~_
' - - - - - - - - - - - - - - - - - - - - - ~ - - - - - - - - - C_;·
(Nam~ of Counsel) J>
----=....8--..J
n1 rM
;;,:: % o,, •
rn c:....> ~(J
·
. .. PLEA··...
~ . I "'{ I GUILTY, and the court being satisfied that L__ j NOLO CONTENDERE, l__J ~T GU~ ?· f'1
· ~ there is a factual basis for the plea, ::::,;:, r .,., ••d•~
r -a ::: ~:.::
:z ..c. ~rn
j:t::f
i? \:i~:\;{~i:?~
. .. .
_
.,
.Tftere beirlgafinding/verdict of
{ L--1 NOT GUILTY. Defendant is dis.c harged
L,__J
1
GUILTY.
: D~tendant h.1s been convicted as charged of the offense(s) of cnrispi ring
~
tn distributt~ aJ:"d
-
..
•
~o
:r;
~
"a~~>ntrollec1 st.,hSt.i'.HH.'.:,':'!, c,n Count 3:..
The court asked whether defendant had anything to say whv judgment should not be pronounced. Because no sufficient cause to the contrary
was shown, or appeared to the court, the court adjudged the defendant guilty as charged and convictE'd and ordered that:·lhe defendant is,
hereby committed to the custody of the Attorney General or his authorized representative for imprisonment for a period of j'l iftf' "":'1 { :. $)
':{v?:.,,l.'.f'~.,. 0n Ccru..rrt 1 i ·r.(; },'--:~ foll1.':':"!i;"·.~ . .:.: l.1~l ;~ ~;,')e~.-:.~J. ,~· 1 'fj.11:tol? t~rt"' t)-~ Fi;:-a (:'j)
OR
PROBATION ORIGINAL FILED
ORDER
.M!l/{;1111/
AL.LVN l. LtTE. CLERIC
,.
t }"f(: i.n(Li Ct.-~;:~ ~'1. t ~:tr!..~
,,..,., \ \,~,
/,--:,f}%
ADDITIONAL In addition to the special conditions

·. '"' 'J Jc.
k@~r.l~◊-i(i;;.;;:sed
above, it i.s hereby ordered that the gener;I conditions of probation set out on the
'
CONDITIONS reverse side of this judgmen~pb\ec17,,Ti\e\l&urt mav change the conditions of rrobation, reduce or extend the period of rrohation. and
OF at any time during the Jifb6ati8,F:!.\Pil1bd or within a ma:imum probation period of five years permitted by law, may issue a warrant and
PROBATION revoke probation for a violation occurring during the probation period
:DMMITMENT a certified copy of this judgment
CERTIFIED AS A TRUE COPY ON
IGNED BY
THIS DATE
_.....J LIS. District Judge
__J LI S Magistrate
► Date
( ) CLERK
(. :')DEPUTY
~·~-' . r;;;:,
Whete probatioithas .het!n ordered the defendant shall, during the period of prob'atiofi; condui!t himself as 11.1aw-abirllng, ;lnd~itMous
citi,;en and observe all conditions of probation prescribed by the court. TO THE DEFENDANT ,..;; You sha!f: · · · ·· ,. ·
(1) refraili from violation of any law (federal, state, and local) and !let in touch lmmediatelv .with vour probati.:;n offker if arrested or
GENERAL:!' , ''~uesironed by a law-enfor<:ement offker; . · · ·· . . . ·;.-<
. . : ;:'c · ;.;> .. .· , . .<
.. (2)' associate only with law-abldiilg persons and maintain reasonable hotitst '
CONDmONS · · f3) work_regularly at a lawful occupation and support your legal dependents, any, to the best of y~~r ability. (When o~t of work
OF ·· notify your probRtion offici,r at once, and consult him prior to job changes);
MOBAOOJ {4) not leav~ the judicial distr;ct withou.t permission of the probation officer;
. (5) notify your probation offit:P.t im!'ri~d,a1ely of any change fr; \!l'.HJr fiiace nf reri,ience;
(6) follow the probation <:>ffice,'s imtructions and report as dlrt'cted.
Tbe Court may change th, conditions of probation, reduce or extend the period of probation, and at any time during the probation
period or within th<c maximum probation period of 5 years permitted by l~w. may issue a warrant and revoke probation for a violation
occurring during the probation peri<Xl,
Maximum· probation period (pN indic:imPnt or information) which may· be irr.posPrl on defendant eligible for sentencing under the
Youth Correction·s At!, 16 U.S.C. § 5005 et seq:, is one year for conviclior, of a misd~meanor or six m.onths. for conviction of a petty
.:>ffense. · .
RETURN.------------------
have executed the vvithin Judgment ano CoQ1mitment

·.""1:-\ ·· . - ·: .·
as. .·follows:
:,
Defendant noted
V,andate issued on
-- µ~ - -p_· > _ J- - - -
United States Marshal,
PROB12
(Rev. 1/82)
iqnitth @1atts i istrid a.tnurt

for
10
Alexander
U.S.A. vs. _ _ ______ Douglas
_ _ _ _Grant
_ _ _ _ _ _ _ Docket No. _83-00199-011
_ _ _ _ _ _ _ _ _ _ __
COMES NOW W. Richard Wagner PROBATION OFFICER OF THE COURT

presenting an official report upon the conduct and attitude of probationer Alexander D. Wayne
who was placed on probation by the Honorable ---=H=-=e=-=r=-=b=-e=r--=t~Ja...:....-=S--=t=e=r=-=n=-------------
sitting in the court at Newark, N. J. , on the 17th day of January 19--8.L
who fixed the period of probation supervision at FIVE YEARS , and imposed the
general terms and conditions of probation theretofore adopted by the court and also imposed special con-
ditions and terms as follows:
Custody of the Attorney General for period of five (5) years;
Execution of sentence suspended, probation five (5) years.
Special Condition of Probation: Subject to be gainfully employed
during probation period.
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOL-

LOWS: (If short insert here; if lengthy write on separate sheet and attach)
The probationer has a history of drug abuse and has voluntarily

agreed to submit to drug treatment and rehabilitation as directed
by the Probation Office. (see attached waiver)
Ff LED
H.\P. r, l 1984
At ._ dt"::d £.M
/.\LL YN Z. LITE
PRAYING THAT THE COURT WILL ORDER the addition of a Special
Condition of Probation requiring the probationer to take part in
a drug treatment and rehabilitation program as directed by the
Probation Off ice. J
ORDER OF COURT Re~ j,
W. R1 ar
Cons~d and ordere~_is-;;J._ / day
of &Y.,L. 19 g n d ordered filed Probation Off~
and madea part of the ords in the above
case. Place Newark, ew Jersey
D~e March 15, 1984

(
WAIVER FOR ADDING A SPECIAL CONDITION OF PROBATION

ALEXANDER D. GRANT
I have been advised by United States Probation Officer

that he/she will submit a petition to the
---------------
Court recommending the addition of a Special Condition of Probatio~
that I take. part in a Drug Treatment and Rehabilitation Program as
directed by the Probation Department.
I understand.that I have a right to a hearing on this petition,

to prior notice of the date and time of the hearing, and to be
represented by counsel at the hearing •.
Further, I.understand.the Court will appoint counsel if I am

financially unable to obtain the services of an attorney. ,.
·¥.'
I HEREBY WAIVE THE RIGHT TO A HEARING on -the.Probation Officer's
petition to prior notice of hearing, .to.counsel at the.l)earing, and
to the appointment of counsel.
I have read or had read to me the above and I fully understand

the rights I have waived.
' ..
....... •
7
Winess
(U.S. Probation Officer)
NY 332
CR. 83-00199-09
v. ORDER AMENDING SENTENCE

Jerry SCHWARTZ
This Court, on November 9, 1983, sentenced the defendant as
follows:
The defendant is hereby committed to the custody

of the Attorney General or his authorized repre-
sentative for a period of five (5) years on Count 1.
Defendant to be confined in a jail-type institution
for a period of six (6) months. The execution of
the remainder of the sentence as to imprisonment
is suspended, and the defendant is placed on pro-
bation for a period of three (3) years from the
date of release.
The defendant is to voluntarily surrender to the

Allenwood Prison Camp on December 2, 1983.
The Court, on its own motion and for good cause having been
shown, ordered that its sentence be modified as follows:
The defendant is hereby committed to the custody

of the Attorney General or his authorized repre-
sentative for a period of five (5) years on Count 1.
Defendant to be confined in a jail-type institution
for a period of ninety-six (96) days. The execution
of the remainder of the sentence as to imprisonment
is suspended, and the defendant is placed on pro-
bation for a period of three (3) years from the
date of release.
FILED
March? 1984 (vlAR ti 1984
p.t ~:3fj .. i . . ~.~. . . . . . . .
ALLYN Z. LITE
tM
IN THE UNITED STATES DISTRICT COURT
Crim. No. 83-199
UNITED STATE:S OF AMERICA ..

TRANSCRIPT OF PROCEEDINGS
-v-
.. SENTENCE
KIETH MATTES,
Defendant.
. . . . . . . . . . . . . . .
Newark, New Jersey
December 20, 1983
BEFORE:.
HONORABLE HERBERT J. STERN, u.s.D.J.

Appearances:
W. HUNT DUMONT, UNITED STATES ATTORNEY

BY: PHILIP SELLINGER, Assistant U.S.
For the Government
ALAN SILBER, ESQ.

For the Defendant.
Fl t:E D
r-Eu 81984
STANLEY B. RIZMAN, C. S. R.
OFFICIAL COURT REPORTER • UNITED STATES DISTRICT COURT
P. o. Box 397 (201) 643-5720

NEWARK. N. J. 07101 (201 l 645-2260
')
TEE COURT: Unitee States versus ~attes.
I'R. snLLIPCER: On beh~lf of the United States,
Philip Sellinser moving the sentencing of Unitea States
sentence shoul~ not now be pronounced upon your cli2nt?
7 l?o, sir.
TI-'.E CCUP.'I': Do
Briefly, Juf~c, I ao.
Your Honor has rcceivid, ! believe, the report
11
well 2s the sentencing me2orDnfum from ne. Anf toaay I
Court rcceivec7..
J.S THE COURT: I may not have seen th~t. Unless
it is now attached to this.
17
TEE COURT: December l~th.
21
letter.)
symbol of the f~rnily support that ½r. rattes hos receive~
thrcughout this tice. Eie family is here ~ith him todav.

·uis brother, his v1~e, his own vif~, tis fvther, his
".-·
the Probation Departme~t wrote in the Presentence Report
that they arsued with conviction ana creeibility that ~r.
H~ttes h~e turne~ his life 2rounf; that in the last two
seem from 1970, JuCge. in the
7 last two ye&rs 2'r. ~attes h2s certRinly turnef his life
2rounC in~ w2y that he irnpressef the Probation Department
an~ he impressea the ~CIA. I hope he 1sprcsses the Court.
11 this is to -do justice to society without un~oin~ the strieos
that Eeith h2s maae on his own. ~ot~ the PCIA ana the
J. 3
sentence, ,.-1hich is to the corrE:ction2.l facility E,t
15 Chittenaon. TTork release prosram.
THE COURT:
17 tl1a t?
20 the Probation Department.
THE COUR~: NCIA?
DR. SI~BER: D&tional Center on Institution~
anc Alt2rnatives.
2( THE COURT: You hirea them?
:'.i j
: ~ !..' •
l correct. ~ne, frankly, I woula argue to the Court that 2
probation se~tcnce is really rrobably raore 2ppr0priate in
tl1c- fucts C·.n.cJ circ;11rJr;tances cf tI-1is c1efertCe.~.t c.11d t11is ccsc.
Eut the ~CIA 2n~ the Probation Department have h0th
5 recommenfeJ the work release f2cility for a periot of !20
days followca by a probationary pericC.
7 I think everything else th2t I wantea to s2y tn
the Court is in the rnemoranfum that I'v~ submittef to tho
Court.
10 THF COURT: I'm not entirely cle2r about, from
lJ. the Presentencc Ticportr just cx2ctly what vour client ~id.
12 .i\E, I pc:rnittccl to f:inc'c out from -the U.S . ..:\ttorney or 2Jt1 I
ba.rre:c": frcrn 0sldn<;:.: c:_ruestions?
1 ,-
.,_ ::i '-?T1.,-=stion::;, ,Jucl~;e. I think the Court will ueb::rrnine in the
prescntence memorandum which I submittef to the Court I put
both -- ana in the Presentence PeJort, itself, both the
12 factual allegations of the 9overrmont 1 s informers that are
in the DOSsession of the Unite~ States Attorney are set
?O forth a.t J.c:ns,th c::.nc1 ,_0;1hat f!r. I:attc-s says fa.ctuaJ.ly occ11rro6.
22
TPG COURT: I c~n't -- you know, with all

1 full in these raulti-defe~eant cases. ovcrvi2i:1
,_.1hat.
f all ui~ed up together. Di~ he sell {rugs?

'i
I I~. SBLLINGE~: Is that eirectee to mer your
10
11
12
• J ,
J. 11 Cr', e
conspiracy. Be was iPvolved in one cocaine
IS cocaine: trip anc t•:10 Th2i stid: trips.
lC The government w22 prerarea to prove that or

, -,
..!... j each of the three trips he was present in rooms 'i7hcre c:n:.s::~;
J. s were ~clivered; th2t on one of the coc&ino trips and one of
J.S tl1e Thai st icl: trips he hac7 e::a.rninecl. thE' drt1ss anc\ he:(~
inCicatea by l1is language that h2 was rrepared to {istribute
21 it.
Th0 government is unable to prove that he
actually ~iO ai~tribute it because Ferneborg one occasion,
'!\"'I' I
:. " • t.) ~
J.
Ci st r i 1JL~ ti or1.
Another inCiviJuJl, Steven ~2ufrnan, was
responsible for paying Eargar5te and Ferneborg for the
,••
0
7 r:att::es 1iias on three occ,.1r::-ions in roornr:; uberc crugs ;•;ere

,-,
tclivereC. On two of those occasions he was to have
receive{ some of thos0 erugs for Cistribution.
1C
r··n
J. J. !:.'. .lo\. • .SBLLJPCSP.: The cocc:, ine invol vec; ::;ever a 1
trips which involvee J.2 paunCs ana 27 poun2s, although not
15 ~11 of thes were aeliverea on that pErticul~r fay.
17 of: it, indicated ho could distribute -

i 4-
L, • The s:ove rnrrtent' s
witness then left.
lS
20
21 ~argariter approximately a year later, that he bad rcceivef
sorn,::: of: the cocaine. l~g2in, ·we do not l::11011 l.1ow TT1uch.
As to the Thai sticks, on the first occ~sion
approximately 80 poD~ds -- 40 or 80 pounds were eeliveref to
hie ~rartment, 2~~, ag21n, he receivea some cf it. The

..,!
witnesses do not recall how much.
On the second ti0e anoth0r ~c or eo pounas w0re
suprose6 to be 82livered to him fer sale entirely by his.
Dut sonebofy els2 was able to sell theP at a higher price so
5 he Cidn't sell the~.
TPE COU2T: Is that accur2tc?
7 ~R. SILESR: ~ell, it is accurate in ~~at the
goverGment s2ys they woDle allege. It is not accurate in
11
J. 3 trans2ction, not·,resent 1 not there.

. ,__
lL.
I submit to the Court·a polygraph taken of him.·
lS Pe have not ple26ea in &ny way to that particular ch~rse.
not plcaa to that particular

17
-·...
I charge, he dia n6t do it, had nothing to do with it, tiC ~ot
see any of those people in the ti~e fr2~e th2t 1e allege~ bv
the ~;ov12rmncnt.
20 TEE COURT: Are you claiming he ha~ nothing to
Co with any cocaine transactions?
22
nothing to do with sny of the cocaine trQns~ctions allegcrl

.
in this iu1ictrnent. ~
0:C COCo.1l!e.
J. KP. SILEER: That's correct.
Judge, that apJnr£ntly ca~e fron Thail2n6, 2ccor0in0 to th~
5 official version,
6 TEE COURT: What was he doing with thAt?
7 E,!c-:: 11 ins?
set it out in the m~morandum. N2 1 rc not hiCins things from
lC
lJ. cot marijuana at various times from 2tevcn ~alone and snlf
indictmentr Ju8ge. ~e brought it to the Court's atte~tion
right up front.
15 I h2vc to consiaer that bec~usc I
- ...,
J_ I part that were not what he fia this time.
l 0 I un~erstand. One of the rea □ o~s
-- L·
that I addressea it in the sentencing raemoraneum is bec&usc
20 I un~erstana the Court's concern ana consideration with
2 J.
!Jargain, it is also~ part of the ple~ bargain agreeDent.
.."")•,•·..:_/l b~rgain. ~1:at we really hove is ~r. Mattes' invol~ement in
("l(_:,T·)
...,., , ..... ,!,, .. r
c-
1 sitL12ti()li ---
mnr courT: Let se tell you someth1n£ .

.....
-·
THE courT: You know, I sit h0re in a black
5 robe o~, all that. rut I have some common sense in the
7 who th is f e: J. l 01:·1 nal on2 is too.
MR. SILD?P: I know tta~.
THE COURT: I have some ide2 of who the other
lG beauties are, too.

1 ~!...
_,_ 1
wrappe6 up with them 2s well. You kno~, those kind of
people just aon't aeal with anybody. It's 6angercus.
13
Nay I respond to that?
16 THE COURT: Sure.

l -,
-· I
court tllink:ini;:: thc:,t tbe Conrt sitr; in a black robe anc1
10 doesn't know what is going on. I know you were prcse~t when
10 ~r. ~2lone was on the witness stand.
21 TEE COURT: I rernernb2r him very well.
22 FR. SILE:.EF.: You havE: that tine! of back9rounc~.
25 whatever his naGe is.
r\?DTr·T·,::1 0r,.r·,·nr,:
~: ~· :_· ·'·• -,_, -l.:. ~-L! :,,.,..,.: !_! .i. •• •.
10
J.
I trie~ to b~ as canCia as I coul~ ~ith the Court in the
sentencing rnoraent bringins to the attention of the Court nll
the circumstances suiroun2ins Eeith ~attes.
("·
10 It happens in this p2rticul2r co~sp1racy hjs
11 i~volvement w2s p0ripher2l. re fi~ rec~iv~ the two
suitcases which ?erneborg left in his opartuent. Thet was
13 I:1 r ,
~r. Malone. Th&t is tte way he is involvef in this
J. 5 particular situation.
J_ C,
17 ~R. SILBER: Fe --
J_ 8
~ealer his whole life.
TFE counT: I hearC hi5 testify before me in
onother proceeciinq, yet.

•nm COUf(J:: You ~,.1erc in t.h2t c2Ee.
TB2 COURT: You were in that c2se, too.
IIR. SILEER: Yes, sir. fo I knew about that.
anc:. r:r. nattcs ucrc·ri't in contc.ct vi.th each other tr:roDqh
10 the whol2 part of 1078 2n~ part 0f 107~.
11 THE COUR~: One big rins here or somethin0.
~R. SILL~R: Parton me?
13
TDC COURT: You woul~n't tell me?
17 question ·2nd I knewr I wovl~ ~ell yov.
1 ".'\
..:..l .. TiiS COUET: I 2sk you the. straight c_rucstion.
1 0 C~TT
W
nr.iD •
J...,~I . .._ •. -!.L\. 0 I tell you not that I knm-1 cf.
I think that I've been as
candid as I can be with tte Court in the present~ticn of thE
25
l. involvea 36,000 pounds, 6idn 1 t it?
tffi. SILrER: It fit. ?~tit fifn't involve sry
in\J ol·ve r:ctrsso.ritE: qr ?err1(;lJorg or !,·~~lo11e.

7
TFE COURT; ~t c"''ic. involve 36,000 pouncls of
h~shish. It haa nothing to 80 with any of t~e f2cts in thir
THS COURT: ~xcept all these peo?le -- it is
l J_
___ , know, if it ple2ces the~, anC if the noment iG right, they
It seems ttat's true.
J.(:: ~n. SILBER: nut I don't ttink that should
17 recounc:} to i~r. nat:tes I

detriment by T;;ay of e:::pc1nfins h:i.s
--l o\... role !)eyer.a that 1·1hicb. it really wa.::;. I th:i.r:k it is
10 import2nt to know exactly what Keith did eo, but also what
he c~i{in't Cc.
You are talking on R whole ~ifferent lev~l when
--,-:,
.:•. ..,!
ir1vo1 vcrr:ent. ! t i s a differcPCE that is almost a 6iffere~cc

TEE COURT: Do you wish tote he2ra before T
Your Eor::or, sir, I obviously 3.L c;uite
r,
7 can o~ly hope, your Roner sir, that I am allowef to ao so in
a w2y which will not overburfen my fnmiJy.
9 Thank you, your Honor.
TEE COUR~: Do ycu vish to be te2rf?
J. J_
13 TH3 COURT: You woulan 1 t take a position,
15 TDE COURT: I came out here to put you in jail.
You Di~ht underst2na ~~y. It is no gre2t s~r~rise when
17
l n
••-,. r_; to j2il. It is not such an injustice to put them in j2il1
In f2ctr most of the people cut there get very
to jail. They wonder whether there is something wrong with

22. the juc7ge.
One reaso~ ycu 1 re not gbin~ to jail.
25 fellQN -- wh~t was his n2me-- who I s2ntenc2e, Sw~rtz

J.
he h2.0 c.ctlw l ly
proven h~ actually solf some frugs. I think he armitted
TES COUR'?~ L2.ybe I'rn tryinc; to finc7 c1 reesor.
7 t:? r r J.enity. I' 11 1?L1t: ~l0!.1.
proba. ti on. If you get caught doing something a0ain you'll
1C release. You 1 rc gone.
Accorfinqly, it is 2~juegcf th2 ~cfendant is
sentencef to the custody of the ittcrncy General or his
authori~ea represantative for J term of irnprisoPITTent of five
Imposition of -- czecuticn cf sentence is suspenaea.
17 Goo6 c!ay.
lC
:rn LR. f.ELLIE::Er; 'J~hank you, your Eonor.
21
~ [_ C: ;::- '.,, r:• i-;
/1LL':·: · : ·; FOR THE DISTRICT OF NEW JERSEY
-vs-
KEITH MATTES,
Defendant.
- - - - - - - - - - - - -
Newark, New Jersey

November 21, 1983
BEFORE:
THE HONORABLE HERBERT J. STERN, U.S.D.J.
Appearances:
W. HUNT DUMONT, United States Attorney,

BY: PHILIP R. SELLINGER,
Assistant United States Attorney,
For the Government.
ALAN SILBER, ESQ.,

For the Defendant.
Fl LED
fED 8 1984
8t 8:30 ............................. .......... M
ALLYN z. LITE
STANLEY B. RIZ.MAN, C. S. R.
P. o. Box 397 (201 l 643-5720
NEWARK, N. J. 07101 (201 l 645-2260
2
2 MR. SELLINGER: Judgo, which cas~ are you
3 calling n-::xt:?
THE COURT: What co I navo left?
5 MR. SELLINGER: Keith Matt0s, your Honor.
6 THE COURT: Th~ Wong cas0. That is tne
8 MR. SELLINGER: Juag0, I und~rstand Keicn
Ma~~es wishes co retracL his noL guilty plea and enter a
10 plea of guilty ~o Count 1 of tne 1nd1ctm0n~.
11 MR. SILBER: Good morning, your Honor.
12 THE COURT: Good morning.
13 The On.1t:.ed Stat:i::s Att.orn2y sa.ys that your
14
15 MR. SELLINGER: Thac's correc~. We wish to
16 retract ~he plea of not guilty ~o ~he first coun~.
17 THE COURT: Do you know of any promise,
lfl inducement or ~hreat or any~hing els~ ~nae has induced your
19 client to plead guilcy to Count 1 which is not contained in
20 this letter of Novemb~r 16~h?
21 MR. SILBER: No, sir.
22 THE COURT: Are you saL1sfi0d tnaL your Cll~n~
23 is pl0ading guilt bccaus2 he iz, in fact, guilty?
24 MR. SILBER: Y2s, sir.
25 THE COURT: All righ~. Mr. Mac~es~
STA!'.JLEY B. RI. Zt-ll.\N, CSR, OFFICIAL COURT REPORTER, nl:!:1'7/-\l-U~, N• .J •

3
1 MR. MATTES: Yes, sir.
2 THE COURT: Your lawyer says you WlSh LO pl~ad
3 guilcy to Count 1. Is tha~ correct?
4 NR. MATTES: That's correcc, your Honor.
5 THE COURT: Before I can acc~pL your plea I'm
6 r~guired by law co plac0 you unci2r oath and ask you carcain
7 questions. One~ you are sworn 1~ will b~ your duty to
8 answ.:::r me -..:.:.ruthtully. If ycu lt;:: t.o 1K:, you' 11 bt:
9 committing the separate crime ot perjury. Do you understand
10 t.hat.?
11 MR. MATTES: Yes, I cto, your Honor.
12 THE COUR'r: Ar•!,: you wL.Ll:i.ng tn be sworn?
13 MR. MATTE~: Y~s, your Honor.
14 THE COURT: Please sw~ar him in.
15 KEI'l'H MATTE s, sworn.
16 THE CLERK: S~ate your nam~ and spell your last
17
18 THE WITNESS: K~ith MaLt2s, M-a-~-t-s-s.
19 EXAMINATION BY THE COURT:
20 Q
21 A Y0s, I hav~, your Honor.
22 Q Do you underscand it?
23 A Y,:.:::s, I do.
Q Hav2 y~u conf~rred with your ar~orney

25 conce: :c:nng i ~:?
S'fANLF.~Y B. RI ZMAN, CSR, OFFICIAL COUR'l' HJ:;POR'l't:.R, Nr:~·JARK, N. J.

4
l A Yes, I have.
2 Q Are ycu sa~isfied with tn~ legal reprcscn~acion
"
.:, which you hdvc rec0ived from him?
4 A Y..=:.s, sir.
5 Q Nr. Mattis, as you presencly stand before this
6 Courc are you under the influence of any narcut1cs, ctrugs,
7
("\
0 A No, s lr.
9 Q In 0th0r woras, do ycu und2rscand wnat is going
10
11 A Y:.~s, I do.
12 Q I can se~ that you do.
13 Mr. Mattes, as you just h0ard me tell anotn2r
14 d0fendant bun I'm r~quired to tell you, as well, the law
15 pr~sum~s ~hat you are nee guil~y cf ~acn one of ~nc crimes
16 alleged in ~his indictment. And b2caus2 you are presumed to
17 b,; not gu i l r..:y, you k:1v 2 no bu r:di.::n or (iU~~Y of 2s'c,::b1.1sh.i.ng
18 your innocence. Quit~ ~hs con~rary. The governm0nt has ~ho
19 ~ntire burdnn cf proving tha~ you arc no~ gu1l~y. And far
20 tha= reason you ar~ given under ou, Cons~itution th~ righ~
21 to a ;rial by juryc
22 Now, at such a ~rial you would no~ havs to do
23 or;yLhing, for th 2': burden would b,:1 on ·.:.he gov:::rnmt!nt. to do

0
3
24
25 doubr. Y0u would no~ nave to call wi~nesscs. You would net
STANLSY B. RIZMAN, CSR, OFFICIAL COURT R8PORTER, N8WARK, N.J.

5
1 hav~ ro cross-c~arnine wi:n0ss0s. As & mat~sr of facc, you
2 would no~ have to t~stify if you didn't wish to.
3 Moreover, if you wanced rn0 ~o, I would :~11 cne
4 jury th2y could draw no inferance against you from your
6 burden or duty of establishing thaL you arc not guilty. Do
7 you und2rstand ~nat?
8 A
9 Q On tne other nano, at such a trial, you could,
10 if you chose to, fully par-:::ici.pa:co, ~::ither yours 2lt or 1
11 ~hrcugh ccuns~l. It you coulctn•t attcrd ~ lawy~r, ons would
12 be given to you fre0 of cnarg~.
13
J.5 on ycu r own br;nalt, c,:ill ycur cwn \'Jltncssf;S. A.nd, of
16 cours~, you could, 1£ you chose to, ~~scity. Do you tollow
17
l ('
(j A _._.
S -i Y'
20 juror had a rnasonable doubt about your guile, you could no~
21 bt:: ccnvictad.
22
23 ~od~y you will no longer be pr~sumcd ta bQ innocent. Quite
24
25
STANL8Y B. RIZMAN, CSR, OFFICIAL COURT R~PORT~K, N~WARK, N.J.

6
2 A
3 Q Is that what you wish to do?
A Yas, I do, your Honor.
5 0. It you do thac, it you waive your right to
6 ~rial by jury, nothlng will b2 left LO be dona in your case
7
,.,
v
0
;;, A
lU Q tbw, w:1s anybcdy m;;.de any prom:1s::: -co y(.)u or ;;i.ny
11 threat to you concerning sent~ncing or any~hing els~ o~ner
12
13 A N-:.i, sir.
14 Q Mr. Mattes, I tcdl ycu :r.1gtrt now, I don'-~ know
15 a thing ~bout you. I never discussed your case with anyone.
I, myself, don't know what scn~enc0 I would giv~ you. I
17
18
19 So if anybody has told you ~hey know wha~
20
21 subjec~, they are lying to you anc d0c2iving you. Do you
22 uncL::rstand m-,·,?
23 A
2 4. Q If you pl2ad guil~y here coday, I will ragara
25
STAtJLGY B • RI ZMAN, CSR, OFFICIAL COUR'l' RE:POR'l'CR, r-Jf;'i/!ARK, N .J e

7
l I -:~hJ.nl< -~.G tY· jus-::., up -~.o t1nd i.nclud1ng ,.:.n.;:, rr.0.xi.mum. D:::) you
"
L.
4 Q Now, under ~he law, Mr. Mac~~s, if you pl~ad
5 guil~y h~re today, I will have th~ autnori~y to impose o
G s~nt2nc2 of up ~o tive y6ars in prison and, in addition, I
7 may impose a fine of up ~o $15,000. I may impose both
mon~~ary and prison pun1shrn0n~s upon yuu. Do you understand

('.
-'
10 A
11 Q Do you understana, ~h0n, cha~ I may, if I
12 c hoos.::. ·Lo, impose ·c..hr: mc•.x imurn sc-n 1~(:nct? upon you?
13 A
14- Q All right. One last time, it anybody has rnadn
15 ~ny premiss to you concerning the s0nt0ncing or anything
16
17 I'll lis~en co you. But if you wai~ uncil afte£ I pronounc2
18
1.9 t.he record today, I won't listen to you
20 then. In otn~r words, youill b~ waiving your r1gh~ to make
21 sucn a claim later if you don'c make it now. Do you
22
23
25 A nc, your Honc-r:.
STANL8Y B. RIZMAN, CSR, OFFICIAL COURT R~PORT~R, N8WAHK, N.J.

1 Q Count l charges thaL you and o~hcrs en~ercd
2 into a conspiracy. And a conspiracy 1n tne law is no~hlng
3 o~her than an illegal agre0m0nt .• I~ is illeg~l because i~
4 is ~n agraem~nt to do sometn1ng cnat :he law says is a
9 pcseass with the intant to dis~ributc a certain controlled
lo suostanc~. In ~his case I b~l1eve 1~ 1s cocaine ahci Thai
11 s:icks. Did you do tha~?
12 MR. SILBER: Your Honor, ~he Rule 11 torm Wlll
13 indicaLc chat both by way ot allocation ~na actuality th~
14 factual basis pertains 0n1y ~o th0 Tnai s~icks.
15 BY THE COURT:
16 Q
17 import or ~o possGss with inten~ to discribut0 thes~ Thai

18 St.i.CKS?
19 A
20 Q Did you know wnen you ~ntercd 1nto tna~
21 agreomcn~ that what you were doing was illegal and unlawful?
22 A
23 Q One final qucs~1on I'm required ~o ask you.
24 Has anybody told you wha~ questions I would ask you and
25
STANLEY B,. RIZMAN, CSR, OFFICIAL COURT REPORTER, NEWARK, N.J.

9
2 A No, sir.
3 THE COUR'r: I'm satisi10d tncr2 is a tac~ual
4 basis tor the entry ct ~he plea and that the plea 1s
5
6 THE COURT: January 4th all righc?

7 MR. SILBER: Yes, Slr. I'm sch2dul2ci 2C ~h2
Q
u rnom0n~ co start a trial 1n Panama City, Florida, on the 3rd
-·
0
of Janu2ry.
10 THE COURT: It I puc i~ ~arl1er --
11 MR. SILBER: I requesteri from that judge an

ll ~cijournment ~o actually th0 9th, bu~ I said I'd do i~ on ~n~
13 s~n or 6th. It wo could put it on the 3rd unct p2rhaps I can
14 also ~011 cnat judg0 that I nave tnis sentencing on tnc
15 3rd --
4
16 THE COURT: No. Under ~hsse c1rcumstanccs,
17 w0'll put it aown for Decornber 20th a~ 2 p.rn. In the evenc
lB I nav2 ~o oraer his 1ncarc0rat1on, I can also consider a~
19
20 MR. SILBER: An Qpp11ca~ion
21 THE COURT: -- cc delay the surrender.
22 MR. SILBEH: Thank you, Juage.

"L. 1~ MR. SELLINGER: Thank ycu, your Honor.
24 MR. SILBER: December 20~n, 2 p.rn.?
25 THE COURT:
STANLEY B. RIZMAN, CSR, OFPICIAL COURT REPOR~ER, N~WAHK, N.J.

in the: presence of the- attome:·; -:'or the gove;nrnent· :;:;:a,~~- . 01,Y · •. ,. y~;.·•
l
' · · ·
tne Cd c:n
d
an t
z,ppeare
d.
tn p'crson on l IIS a_a e..
t ' t ··
. 'f
---_..;~-
. .
i · . ·
·' ;].,u0rrJ.')E•.···. . CJ~--1..9~-:;::_.
: '
CU\.JNSEl. ~ L_,-l W !THOU r COUNSEL' However the cou,v~dvised defendant of right to co:,msel and asked wh,c;cher .defendant des,red to ha,.
•·~_:Y~_~,:.·.i_•.·,. ·:........
· · (. ~~~~•~el 3,PP~inted:by_the court and:h~ ::tend ant thereupon waived as;istan~e of ounsei.
..,:. ·. \{t<
· · .j' .L:L.1 \ViTH COUNSH.' L'.: -E,,c~ ?.~·,,·\., .B.s.q. _.,· __ ·------ _______., _ _____ _:_.:_:·:: _______ _:·~·:"½'::~·
_ _ _ _,.._ (N<l.:Yic- of Cour1se!}
·, • . . 1. •·.· ':./?;' . : •.. • . .... ~ '.

and
·.'\:., l
. PLEA .._ ?>--l...X__J GUILTY; the court being satisfied that [___J NOLO CONTENDER!:, L---1 NOT GUl!.7Y
__·-~ .·. )'·½~1~B:1'?ct~.atba:}?rte. plea, .. · _ _
'.:-~·.:~;,:-• - - ~ ~·-.-. ! . ·-.,.,. I!. .~
~~"'11'"""'-t.: ,-r-"..o. .,
:_;..}d:,,,.,· ·..
:,;.;...,,a
_.·."?-:-~ ·{' L---1 NOT GU!tn·. L)efendant is discharged
~ • ....
·/fi?J? :.;~c- There being\a JinC:ing/verdi~rof :_ . · · • : ,.:>: ·..{:.. - - ·
f!H·.L_'.~_:_-:&_ ·:· ·--c~,o~'.;n,:.;.ro)~_:,~_-~d:e~-nscun~;vs·i:t:·:an:·:"~-c:··cehs~rgoedn~~C~ole~;l:;~:l_;~l(,) of ~--,·~~~'p''' ri~g _1._· to distri~~;~ a Pos

~ )j+fr.' r::inn 171-...-..\ • :J. s: ?EG3;\T}Oi'f'OFF!CS,<c?
-
. . . ·://:::·.. · • . C',·,·o
... .x.;a=:
iQtlr.(c~if!l'::!.lf!frj
..
::=2::.:::~::c--~~rvs:D
~"';ttlfl
JUDSMEI'fl'
•f:}f.X. ~"-·:#f .,/··-: \n(

·trj ._) r'Ju \~I ;:~ :l ~ ~in•/
.• >. . . -· ~/ E 1 , '('\81 :,u. .. ~~--;c;:.:.
-. 'filAtr;i919\Ji\ .. .. . o,:c ~" !, " .

: he cour'i4s~.';,.i.,m€-!'•<kfei'l'd11n'l'·~~-anytn1ng to sav.,_w:~'l 1,u_d~'\·e.~~ ~b,9uld r'.ot be pronounceq._Because, n-0<sqi'rit1ept;:_c'!use_ tc, :,~e c.:ir,u,._
• -.. ~·, -~~~-: .• "'""" . - ·•·•··
.J.vus sho,,.,,_n: or AL~ ~tii[EiJc:t, the court cdjudg'e~~\{crc:reri'darit'guilty as ch:rrged 3nd convictec and orderr.' '.hat, The defendan'.
. :1-::-rebv .~om·mitted. ::o ::he custody OT ~;1e Attorney C2neral or his 2u:horized repre:,entativ€' 1:,)r :t;:,:..risonrnent fur .1 j'.)er100 .::,; F.i \le ( S)
Sfifi'a:NC: r' years, on Count_l. J)e::endant to '!:}e confined in a j.~.i.l·-t ;pe insti--.:utio:.-1 0
OH for a period- of Six ( 6} mont.11.s. The execution o:: ·,:,he r2mai:de:::- of .

PROB.;;TION t::.~ --zentence ;>f. ~mprisonment ~s _hereby sus~:nded and ~he d:fe.ndaI,~ is, __
ORDER'-, _::,T.z,.-::::.::d,on ?ro.oa-cion for a perioct of Three (...:S) years,. rrom c.:-..-:.e of rel::
..', . -
lip· IS FDR'l'B&"l OP...DERED execution of sentence is hereby stayed unti:.. such:
\ttime. as-..
lns-titution is designated,· at whicl1 ti::-.e. the def enc.ant wilJ..,;_
S?ECIAL 'lvolunta:_Liy surrender.
CONDITIONS [L,.- ·. ·. \~-
.··OF· ,i -:··~~ '
::iRDBATlON. II;,. Is--;;~;~-iz · ORDEP...ED Cou..7.t 4 of the indictment De ape'!.
.. ! ~.. ..,.,·."·'".·.'c- .\ ..
is-·ne:c-eby di~£~
-...
. --,.\·
.--~<--:~--
' ::-~:,;-:::i:,.:~~:~--~: . f:.<, ··-
,:;::)kef:tt· ,,H . . ._ .
:. JDITIONAL · fn add;tiorrto the special conditions of probation imposed above, it is hereby ordered that the general conditions .of i=,:obation set out,orc·,: _
. t
_ 1~f/,,
CONDITIONS _· reverse side pf
this judgment be imposed. The Court may change the conditions of probation, reduc'e or e,.tend the period of pmbatio,1:a.:-, ..
. OF at any time:during the probation period or within a maximum probation period of five years permitted by law, may issue a ,.,,ar;ant-·ar.
rrlOBATION revoke probation fof-a violation occurring during the probation period.
. The-court'or.ders-.commitrrfent to the custody of the Attorney General and recommends;, It is ordered.that the Clerk delive,
w~~MITMENT a certified copy of this judgmen:
RECOMMEN- and commitment to the L!.S.: Mar--
DATION shai or other qe1alified officer_ ..;
CERTIFIED ASA TRUECOPYON
,,,.:.NED 3Y
...:.:J U.S. Oistr,c Judge
__J U.S,.Magistrate
HZRBERT
· 0 !,:" (" ~-·· I \ l r.:· f" . · . . .
'Nhere ·probc1tior, has be-er, &id~r•efJ .·th~ 'def~..,tfarf;.,5?t.a,>f, durir1g tf.e: pe;iod of prol;,:;; iv:-1, c.0r1duc,t c.s ·'°'. ll.V.'~Z!?.iidinz,
<.itizen and observe all c4J~HcE{),(p~oba,ti,oo,_P~'j'q~~tfi.'l;_he court. TO TKE DEHN DANT - You shall: ::< ··:. · ·· · ·•··· . -.;;;•>;.
(1) refrain from violation of any law (federal,_state, a~d local) and get in touch immediately with your probation officer if arrested or ...
· questioned by a law-enforcement officer; · · \~5-~,.~~,./~~;/: :_. · ,:.~·-.fS}.'..~.<·}-1~'.J~)f''"~_t
GENERAL (2) associate only with law-abiding persons and mairctain reasonable hours; . ·., ,:(; ,·:~.:. , ·. , 1; ;; ,_(.>,::. :.?;;;,'-,::.
cmrnmor.; i ;-; work regula.1·, af011a"i'\uf-~ciipjljtion n""(u~po':j 'ri~r leg•I depe. ndent:;, ii°any, to the bc~t ,;( \'Gl1/';;~;i1i1,,.:·(V{r:c;.·,i[,/. o·· ·;,o;/.·
OF notify you,- prot,a0odo4_f!i<l£rlit (r{)e, an~c :s~,: l~i.1r1or lo jVh ;;.~h,rnge::,); " ._ . , - . · .~-. ·
[4} not teave the judicial di~trictwithout permissioo of the probati-:;r. officer; ,.- ,
?R08ATIOII! c:-. · ...... -
(5) notify you, pr,;b;<tion office, in,mc<liatc!y of anv change ir, your p!e.,:e oi residcn, e;
(&) followtheprobationofficer'sinstructionsandreportasdirected. · ·· · .·. · :.. ·,:· .. ·..C·.
The Court may change the con~~ ~bJ,rol:l{iti'fl. reduce or exiend the period of probation, and a:· .,ny tir,;,, ,>uring th.: pr.:,c,,;d,;;:;,:
~r.od or within the maximum p~!,'l,Ji:'!d~ ~~\;ol:hW-5 years permitted by law, may issue a warrant and ,evoke probation for;;· vio!atio'c,~.'c•··
1
occurringduringtheprobationper:od. · . · '· · - :,::·')?f;"}t~- :·);{i,@'.r(!J'>

f\.•laximuin prvbat;o~ period (p~r- inda:tment or in1·c.r1-r,at;<n1) wht.;.:~, i...-:,'...v b(,:: :n-ir;c,"'..f~ c.,n, d\:forv!;.,nt t:Lt)l:.ltt fel ~--=rncndrr~ ur,d~!J---·. ·::~·~-
Youth Co~rections Act. 18 U.S.C. § 5005 et seq., ts' on<:. yea: -fvr c~nviction of a ffii$demccnor or ~ix 1,~or.th:. for crnr.v,c.11,,c.
· offense. ·; ·
have ex~cuted the within Judgment and Commitment as follows:

Defendant delivered on_·_____________ to
. Defendant :lOted appeal on
Defendant released ori --------------------- 7

;\t\andate issued pn •
u,, ' ."~:._
~~--: ••'"·
s
. ,,\.{ti,.
,:::.,_, .,~:;~_
·,_ ,. "
VOLUN~!~~J:~~:~~~=rrm~::::~ER 2, 1983 to FPC ALLENWOOD · : ~ . : ~i:~f;f

at MONTGOMERY PA 17752-9718 , the institutior~Qe$[gn'ated 5j/:.'<;',,
the Attorney Generat,:.w_ith a certified copy of the ·withiri Judgment and Commitrtien~~yj . ,.:'.i_ :_}f\,.:.
COY:( Of & C MAILEP QNJ2 20 19$3 . . . '.'.\; .. ·• .•,,,,·,7:.. ,
· · ··· 'R~ ~ ·· · ·tl#:~f'i:rij,\~~ ,
.i<: E :: SOLOMON · · ' ROBERT-lr.--~MARTIN, SUPER:ENT.ENDEN,f:,'.~:':!..:.:,;~- ,._,_~f-'
~W\_ ~:~\;;~ry{\" .':~~-~~~~~~;
By KA1'-EN E 2 SQThMQTI; ··:- ·,
RECORDS OFFICE
DISTRICT OF NEW ,JERSEY
UNITED STATES OF AMERICA, ORDER
v. Cr. 83-199
JERRY SWARTZ,
Defendant.
Upon the application of the defendant, ,JERRY SW ARTZ. through

his attorney, PETER SHELLEY ZEILER, ESQ., and upon the eonsent of the
Government by Assistant U. S. Attorney, PHILLIP SELINGER, and upon
reconsideration of this Court's prior order of November 9, 1983 regarding the
surrender of said defendant for execution of sentence, it is hereby ordered that:
1. The date of surrender is changed from November 30, 1983 to

December 2, 1983 at an institution designated by The Bureau of Prisons.
2. The bond posted for the release of the defendant shall be

continued until the surrender of the def end.ant pursuant to this order.
Dated: Newark, New Jersey

November , 1983
. (
US. Department oi ,.. ..1stice

PRS:ji/0839A 970 Broad Street, Room ·502 201 /645-2155

83 00704 Newark, New Jersey 07102 FTS/341-2155
November 18, 1983 F l L £~ [)

Norman Reimer, Esq.
Gould & Reimer, Esqs. NOV 2 S 1983
401 Broadway
Suite 1600 At ~ ... /2.. 1/..J......... t..M
New York, New York 10013 ALLYN z. LITE
Re: Plea Agreement with Douglas Grant 73-/~9

Dear Mr. Reimer:

agreement between Douglas Grant and the United States Attorney
Based upon the understandings specified below, the

United States will accept a guilty plea from Douglas Grant to
count one of Indictment 83-199, charging a violation of 21
u.s.c. Section 846, carrying a maximum sentence of five years
imprisonment and a $15,000 fine. If Douglas Grant enters a
guilty plea and is sentenced on this charge, the United States
will bring no further charges relating to a conspiracy between
Douglas Grant and Gosta Ferneborg, Joseph Margarite, and Steven
Malone to distribute controlled substances between 1978 and
1980. The United States will, at the time of sentencing in the
above-captioned matter, move to dismiss the remaining counts of
Indictment 83-199 against Douglas Grant.

Douglas Grant is within the sole discretion of the sentencing
Judge. This Office reserves its right to take a position with
respect to the appropriate sentence to be imposed by the
District Court. However, this Office will inform the
sentencing Judge and the Probation Department of: (1) this
agreement; (2) the nature and extent of Douglas Grant's
activities with respect to this case and others; and (3) all
other information, favorable or otherwise, in its possession
relevant to sentence. It is understood that the United States
any application by Douglas Grant for a reduction of S€ntence
- 2 -

requested.

or may arise involving Douglas Grant, inGluding, but not
limited to, proceedings by the Internal Revenue Service
relating to potential civil tax liability.

parties.
Very truly yours,
W. HUNT DUMONT
?l"_Ql ~wdll
By:' PHILIP R. SELLING~
- 3 -

Norman Reimer, Esquire, have read it, and I hereby acknowledge
conne~:22~
Government or my attorney in
DOUGLAS Gy&T
Witnessed by:
/NORMAN REIMBR,vEsquire
Defense Counsel for Douglas Grant
I DISTRICT OF NEW JERSEY
(
UNITED STATES OF AMERICA Criminal -No.

Plaintiff,
vs. APPLICATION FOR PERMISSION
· TO ENTER PLEA OF.GUILTY
Defendant. (Defendant with Coun~el)
·vau t {._ //) t/c1Jr1J'T
--=--,,..----::----,-------------- 1 hereby certifies as follows:
[Defendant's name]
1. My full name is f/1 Eilt/JPi,7/e f/t:Jv~'t/JS t{°;,C'A/1/rand I request that
all proceedings against me be held in that name~·
guarantee me the right to .·be represented by a lawy:er_ at every stage in
these proceedings, including any trial on these charges, and that if·I
can~ot afford to hire a lawyer, the Court will provide q.ne for me.
3. I have a lawyer who is re:e.,resenting me·· in this proceeding. My
lawyer I s name is /Vt>/f/t,//f.N L · l<elHt.->le .. • I believe and am satisfied
that I have had enough time to discuss tnis matter with my lawyer.
My date of birth is /LIIJ/1, )/1 /9/-/fl • I [ ~ [am not] married
and I have /VO children.
s. English /[is] [-:i.-s-ae4:] my native language. My formal education
stopped after .~ 88 <ilt?t1/e e • I am presently ·ru-n-emp±eiyed"] [ employed]
[grade]
as a flZ-ooE lci~t)(f/(
[occupation]
6. I have· taken [no] [-the--f-e-3..~-ew¼n~] drugs or medication within the
past twenty-four hours: --=-~-~-~--=----=~---,,-------::--c--:---,,-----
: I .. [-ha:ve-j [have not] drunk alcoholic beverages within the past_ _,..-
twenty-four hours. .
7. I [-£-a.-¥-e, [have never] been a patient in a mental hospital or
institution. I [ee-t [do not] believe that at the present time.I am
mentally ill or mentally incompetent in any respect.
8 0 · I received a copy of the Indicbnent · (Information) before being
called upon to plead. I have read an~ discussed it with my lawyer.
I understand that the substance of the charges(s) against me is that·
I:. (oNS,fil?t!D ro · vtlJL19rG>' P€~Ell'/(ji: /ll/!l-l?tl)T(C L/;Jt/,'2
[add separate sheets if necessary]

me about :the charges set forth in -the Indictment (Information) .
nature of each.charge and on all possible defenses that I might have in
this case.
11. In addition,·my lawyer has explained to me, and I understand,
that if I entered a plea of NOT GUILTY (or persisted in my plea of
NOT GUILTY), under the Constitution and laws of the United.States I
would be entitled to a speedy and public trial by a jur¥-~~t~ve
persons on the charges contained in this Indictment fiI\ft.JnW-oo-f.
NOV 2 8 i983
"~ 1Jq£. . . .J.. . .
~t~v ../...'........ . M
,t\.LLYJ':1. z. LITE
•
-~- ~Y ~awyer nas expia1ned to me, and I understand, that at such
a tr~al the jury wr·"ld 1
be told by the judge· 1.( t I am presumed to be
innocent, and that -ne Government would. 'be required to prove me guilty o
the charge? against.'me beyond a reasonable doubt. I understand that I
would not have to prove that I am innocent, and that I could not be con-
victed unless a;Ll twelve jurors voted unanimously for conviction.-
13. My lawyer has discussed with me, and I understand, that if I went
to trial on these charges, the Government would have to produce in open
14. My lawyer has further explained to me, and I understand, that I
have the -right to produce witnesses and could offer evidence in my defen:
chose, to testify on my own behalf at that tria-1; but if I chose not to
that fact. · . . · .
15. My lawyer has explained to me, and I understa~d, that if I plead
GUIJ;.,TY to any charge (s) in this indictment (Information) -and the judge
accepts my plea, I WAIVE MY RIGHT TO TR.I.AL AND THE OTHER RIGHTS SET FORTJ
~ presentence report, will impose punishment upon me. I understand that
if I plead GUILXY, the judge may impose the same punishment as if I had
pleaded "not guilty", went to trial and was-convicted by a j'llry.
l6o My lawyer has also explained to me, and r.·understand, that if I
plead GUILTY, I WAIVE MY RIGHT NOT T.O INCRIMINAT~ MYSELF. I understand
that the judge ·will ask me what I did and I will have to acknowledge my
guilt as charged by setting .forth my actions so that.the judge is satis-
at _the tim!= I plead GUILTY, if untrue and made.under oath, can be·the ___
basis of a perjury prosecution against.me.
punishment which_ the law provides for the offenses charged in this
Inc'!ictr:1ent (Information) is: . _
A MAXIMUM OF / S- years imprisonment and a fine of $J6'/o tJO
for the offenses charged in Coqnt (.s1_ 0/Ve ' .
My_lawyer has further explained, and I understand, that-there is [no]
[-a~· mandatory minimum punishment of years imprisonment and
[no] [-e1 mandatory minimum fine of$ _____ for the offenses charged
in Courit (s) Of'Jd
I understand_t..,..h_a_t.......;i,....f___I_p...,1-e_a_d-=--GUILTY to Count (.s) uN ff of the
Indictmeaj;.. · (Information), I face a maximum sentence on. those co~i:~s of
:i- years imprisonment, plus an aggregate fine of$ /5;o&~
~[_I_u_n_d~e-r,.,._s_t_a_n~d~that if I plead GUILTY and the judge accepts my plea, I
may be sentenced, at the judge's discretion, under the provisions of
the Youth Corrections Act or as a Young Adult Offender if I am presently
at least 18 years of age but not yet 26 year~ of age .. Under ~uch .
sentencing provisions, I understand that I might be given an indeterminai
sentence which might require me to spend as long as six (6) years in
prison.)
...
.. .i. ., ____ ,__c.,.__ '--•-'- ••-' ~~~•-'--'- U.l.. Cl.':;j,;;.:,11. u.i.: d.Hj' .i:.Ji.:0.U(.;.ll OI:
government, (Feder a:· State or local) ~ nor my ( ,wyer, nor any other
person, has- made any. promise or suggestion of. any kind b;:> me, or within
my knowledge to anyon~ else, that· I will receive a lighter sentence, or
probation, or any other form of leniency if I plead GUILTY. My l?l,wyer
has explained, and! understand, that only the judge may decide _what
that.person is not-telling me the truth. ·
Nor have I been told that if I refuse to plead GUILTY, other persons
will be prosecuted.
20. There [has] [haa:eP'Ttot] been a plea agreement entered into between
me and the United States Attorney by Assistant United States .. Attorney
f'/21 t,p t;e-//,.,,;t,7/1.., . . .
[name] · · . . •
[ J The plea agreement does hot exist in written form.
[ ·✓] The plea agreement does exist in written form. I have read it,
The substance of the plea agreement is: .
·rlf/r -r .:e tt11II ;1,v r te.f'~t1 ~ec t-'/f o /N -r,i, s !J; ~7}(71cr
0
21. My lawyer has explained to me, and I ·understand, that . the terms
draw my GUILTY plea or go ahead and plead GUILTY anyway. · If, after the
judge informs me tpat the plea agreement is unacceptable, I continue in
my desire to plead GUILTY, I understand that the. dispo~i tion __of my _cas~--
--- ·- · · · · may be less favorable than that proposed in the plea agreement. - · --
22. I believe that my lawyer has done all tpat anyone could do to
counsel and assist me, AND I AM SATISFIED WITH THE ADVICE AND HELP MY
LAWYER HAS GIVEN.ME.
23. I know the judge will not permit anyone to plead GUILTY who claim_E
·to be innocent, and with that in mind and because I am GUILTY and make·
no claim of innocence, I wish to plea~ GUILTY. I respectfully request
th~t the Court ~ccept my plea of GUILTY and to have the Clerk enter my
plea of GUILTY as;follows: J
To Count (,s1 _ () Nf:/ · of this Indicbnent (Information) •
accord, with full understanding of all matters.set.forth in the Indicbnent
(ln-f'--e-rrrra:t±6h) , in this · application and in the certification of my lawyer
25. I further declare that I wish to waive the reading of the Indicanent
('Iriro'rm-a-t-i-<::m.) in open court, and I request the Court to enter my plea
26. The following person{s), if any, assisted me in completing this
application: . No/e,fo//l- 1v /... · Rg7#,/cf~, &>JQ.

herein are true. r·am aware that if any of the foregoing statements
made by me are wilfully fa~se, I am subject to punishment.
- J;i,gned by me in open court in the presence,
,)~ n, day of v/JPl/3612- , , 19
la yer this
%2 .
_of2y
I /- ~
. ;b?c.-e_ V--
?~_,.....
efendant
hereby certifies that:

1. I am an attorney at law of the State of JL;<-,u,.,; }?,;fie , and
have been [retained by] [ a . s s ~ ~ ~ t ] the defendant
·T)o06l-1rG 6/-41 :'t' , in Criminal No. i73--/'761
2. I have read and fully explained to the defendant the allegations
contained in the Indic'anent ( ~ o n ) .
3. To·the best of my knowledge and belief the statements,
going Application are in a1t·respects·accurate·and true.
.for each count to the defendant. [Since ~defendant is
years of age, I informed him t h a ~ hm e.y'be sentenced under the ·
provisions of the Yout!}_ .. Corrections ct or as a Young:-A~ffender
and that if he i§. given an inde inate sentence-cinder-tne provisions
of 18 U. S .c. S-010 (b) , he may be' requireq• to spend as much as six
years in a penal institution.]
5 •..~
The plea of GUILTY offered by the defendant in Paragraph 23
consistent wi t:h my advice to the defendant .. ·
In my opinion the defendant's waiver ·of reading the
.(.I.nf~en-) in open court as provided in Rule· 10 is voluntarily
and knowingly made, and I recommend to the Court that the waiver be
accepted by .the Court. .
7. In my_opinion the plea of GUILTY as offered by the defendant in
of the. consequences of the plea •. I recommend that the Court accept --
the plea·of GUILTY.
above named, -a~d after full disclosure of the contents of this-
Certification to the defendant, this . ? <?;"if/-__ day of /(.4J-U '.
19 0 . . ~ 2············
//;;:,/
~~~,- ff/1/ce~ _;~
Attorney for the Defendant - •
Criminal No. 83-199
- ,
Plaintiff,
-v-
FI LED
ET AL.,
NOV 2 21983"·
Defendants.
At &at:r...!/'.@L......-.........R..M '
ALLYN Z. LITE
0 RD ER
THIS CAUSE, having come on to be heard upon the Motion
of the Defendant, KEITH MATTES, for Substitution of Counsel, and
the Court being fully advised in the premises; it is hereby
ORDERED and ADJUDGED, that ALAN SILBER, SILBER AND
RUBIN, P.C., is substituted for DIANE TOLBERT, as Attorney of
Record for the Defendant, KEITH MATTES;
DONE and ORDERED, in Chambers, at Newark, New Jersey,
this f l - d a y of ;ti'~ , 1983.
U.S.D.J.
~-,
UNITED STATES OF AMERICA (i'
v. NOTICE OF MOTION TO QUASH

SUBPOENAS
TRACY WONG, et al.,
TO: PHILLIP R. SELLINGER

SIR:
PLEASE TAKE NOTICE that at 10:00 a.m. on November 18,
1983, David Breitbart, attorney for defendant Wong will come
before the Honorable Herbert J. 'Stern, United States District
Judge, at Newark, New Jersey, for an Order quashing the subpoenas
requiring defendant Wong to produce his passport and certain
business records.
A brief in support, of this motion and in opposition to
the government's pre-trial motions is attached.
DAVID BREITBART
Attorney for Defendant Wong
60 Hudson Street
FI LED New York, New York 10013
(212) 608-1313 ·
NOV 211983
.o ½.)'d .
,;M_
At 8.3 ... .............................
ALLYN Z. l..lIE
\. ,.
uNIT ED st ATis ·~a i=,:, A-~ i ,tic A

, ..-..
Criminal No. $3-199
,_., l\ t
TRACY WONG, .
BAIL HEARING
Defendant.
- - - - - - - - - - - - - -
Newark, New Jersey
November 9, 1983
BEFORE:
App.earances:
UJ O '
I 0: 0
W. HUNT DUMONT, United States Attorney, I- 0 "
ujO a.
·BY: ~HILIP R. SELLINGER, 0
0
UJ
cc
0
UJ
Assistant United States Attorney, (.) w
I- I-
..J
For the Government.

DAVID BREITBART, ESQ. (NY),
For the Defendant.
Ut.L ~; 1983
8t~f[.J... . . . . . . . .#M
. ~LLY_t,l Z. LITE
•
STANLEY B. RIZ1'\AN, C. S. R.
OFFICIAL COURT REPORTER • UNITED STATES DISTRICT ·COURT
P.O. Box 397 (201) 643-5720

NEWARK, N, J, 07101 (201 l 645-2260
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UNITED STATES
Criminal No. 83-199
-vs-
TRACY WONG,
SENTENCE
Defendant.
Newark, New Jersey

January 26, 1984
BEFORE:
THE HONORABLE HERBERT J. STERN, u.s.D.J.
Appearances:

For the GoverRment.
For the Defendant.
F:IL.:ED
FEB 3 1984
JJ·~~l l)
At ~ ... $.:.........f .. -......... f... M
•
ALk't'.ij. Z. LIIE
STANLEY B. RIZ.MAN, C. S. R.
P.O. Box 397 (201) 643-5720

NEWARK, N. J. 07101 (201 l 645-2260
2
1 (January 26, 1904.)

l 2 THE COURT: United States versus Tracy Wong.
3 Be seated, please. Sorry I was delayed.
Do you know of any legal reason why sentence
5 should not now be pronounced upon your client?
6 NR. EREITB~RT: No.
7 THE COURT: Do you wish to be heard?
8 MR. BREITBART: Yes.
9 THE COURT: I'll hear you.
10 rm. BRIETBART: Judge, first, I would like to
11 make some corrections with regard to the probation report.
12 We have gone over it very, very carefully while I was in
13 your Honor's chambers and with Mr. Wong today.
14 There was an indication that the property that
15 was deeded over to the government in the nature of the fine
16 was worth $80,000. I think Mr. Sellinger and I agree it is
J. 7 worth over $200,000.
18 There is an indication that Mr. Wong never sent
19 a financial statement to Mr. Stoukas. I've been assured
20 that that financial statement was, in fact, sent.
21 In going over the report Mr. Wong is absolutely

'"\ ')
.,;..,__ adamant that in 1979 when the relationship was severed he
23 never offered any other oiplomats a capacity to smuggle,
24 to -- he never ever discussed hurting anyone or harming

l 25 anyone in any manner, much less in the manner described by
STANLEY B. RIZMAN, CSR, OFFICIAL COURT REPORTER, NEWARK, H.J.

3
1 the discussion in the probation report.
2 Other than that, except for some minor numbers,
the probation report, we feel, accurately reflects the
4 crimes charged, that which the defendant pleaded to, and the
background of the defendant.
6 Between the probation the Presentence Report
7 submitted by the defendant and by Mr. Stoukas, your Honor
C has a very, very accurate picture of the background of the
9 defendant Wong.
10 As your Honor recalls, when it became viable,
11 Mr. Nang pleaded guilty, at what we felt was the earliest
12 possible time. It was, in fa.ct,· after we started trial.
13 But, if your Honor recalls, up until that time --
14 THE COURT: I'm aware of the circumstances. Go
15 ahead.
16 NR. BRIETBART: Judge, in reading the probation
17 report, I'm going to have a problem. The problem, as I see
18 it, is that the crime to which he pleaded guilty to was a
very serious one. And there is no attempt to diminish the
20 error in judgment, the mistake, how serious the crime is, or
21 any of the like.
22 The problem that I have is in reading the
23 probation report. If you separate out the accusation
24 portion or the accusatory portion of the description of the
25 crimes, we're talking about an individual on that second
STANLEY B. RIZEAN, CSR, OFFICIAL COUI;T REPORTER, HET,•IARK, J::'.J.

4
1 portion of the probation report submitted to your Honor --

l 2 it could, in fact, be the resume by someone being submitted
3 for some substantial position in a financial institution.
4 It's a Horatio Alger type of situation where the young man

i::
..J has been working all of his life, in his mom's restaurant;
6 right through the educational goals that were set; ~YU,
7 Columbia, University of Chicago. He's got an exemplary
8 background.
9 The problem arises that from 1977 to a portion
10 of 1979 he was involved in a very, very serious crime.
11 In analyzing the potential sentences one

~ ')
J..L, attempts to look at the guidelines. I'm sure your Honor is
as familiar with all of the literature, as I, with regard to
14 the purpose of sentence. It has been discussed many, many
15 times. The purpose of sentence has always been described as
16 threefold; punishment for the individual, deterrence to the
17 community at 1arge ana rehabilitation.
18 And I have a serious question in my mind which
19 of these attributes of sentencing will be the ones that are
20 relied upon by your Honor in sentencing Tracy Wong today.
2.1 As far as rehabilitation is concerned, I think
22 that the letters submitted on behalf of him by co-workers,
23 associates, friends and relatives -- I'd like to point out
l 24 to your Honor that at least five of the letter writers are

J
25 present in the Court now. His mom, his aunt and uncle,
ST.tUJLEY B. RIZf.Ill:.N, CSR, OFFICIAL COURT REPORTER, NEt•Jl\..RK, N.J.

5
1 friends and business associates.
,').. And just to digress for a moment, it seems
3 remarkable to me and I think a reflection of the man,
L1 himself, that someone who has committed a serious crime and,
5 in fact, a drug crime, has had the wherewithal in his being
6 to be supported by these individuals who know him probably a
7 lot better than your Honor and myself at this time. But I
8 think it is an interesting sidelight to see that these
9 people are still supportive, still feel that he is a
10 salvageable human being who will make a valuable
11 contribution to society, whatever your Honor's sentence is.
12 But in discussing it I don't believe

l..,
~-) rehabilitation is something that is to be concerned about.
14 There is no question that the background of the individual
15 is such that a lesson has been learned. He can go out and
16 resume business activities. And there are jobs waiting for
17 him in the business enterprises that have been described in
18 the letters -- are certainly available.

2
19 Deterrence is something that your Honor knows a
20 lot more about than I. His exposure here is enormous. If
21 your Honor recalls, we offered to plead guilty to two
22 five-year counts, the government insisted on a 15-year
23 count. The range is enormous. And I think any sentence
24 that your Honor imposes based upon all of these facts is
25 certainly justifiable, from probation to the maximum
STANLEY B. RIUIAN, CSR, OFFICIAL COURT REPOR'l'ER, NEWAP.K, N.,J.

6
1 sentence.
l 2 As a deterrence your Honor is the most
3 knowledgeable as to what effect sentencing Tracy Wong will
4 have on the rest of the community. Albeit I don't know if
5 anythins that your Honor does with your Honor's awareness
G and knov,ledge of the law and the Courts from both sides,
7 what deterrent effect it will have. That's your Honor's
8 guideline.
9 As far as punishment is concerned, Judge, I've
10 tried to analyze that from every point of view. I'm a
11 former teacher, a former psychologist. Punishment, I
12 feel -- I hope your Honor feels -- is something that is

, -:,
.1- ...1 imposed as a learning tool; whether it be on a child for
J.4 misbehaving or on a puppy or on an adult or on a felon.
J.5 Punishment is something that we do in order to try to
16 instill in them that which we want them to learn.
17 One of the things that Tracy Wong has going for
18 him is that he is a very, very bright young man. I don't
19 think there is any question about it. His academic
20 credentials bring that forth.
21 From a punishment point of view, Judge, Tracy
Wong has certainly learned a lesson. I think it is
23 absolutely unfathomable for anyone to suggest that Tracy
l 24 Wong would ever commit another crime. I think the insight

.J
25 that has been gained by being housed on the ninth floor at
STANLEY B. RIZivll-:..N, CSR, OFFICIAL COURT REPORTER, NEWA.c°'<K, tJ.J.

7
l the Metropolitan Correction Center, the insights that he's
gained from the hardened criminals who are also housed in
3 that facility, that is not him. That is one of the things
4 that he brings most clearly to me.
5 I don't -- I aon't have any idea what your
G Honor is going to do today because I think the range of
7 possibilities are so vast. One of the statistics that I
8 like best as a defense attorney is the statistics that I've
9 learned with regard to sentencing whereupon Tracy is a first
10 offender. I know for a fact from reading these statistics
11 that, if your Honor saw fit, that first offenders who are
12 given an opportunity for another chance, 95 percent of them
13 never commit another crime. I would like your Honor to
14 consider that. You will always have the controls of the
15 Court over this man.
16 I would like your Honor to consider that one of
17 the things that is often said at the time of sentencing on
18 behalf of a defendant is if he has, in fact, pleaded guilt
19 at an early stage or prior to trial I've often heard
20 counsel say that he shows his contrition and remorse at an
21 early stage and this is a first step in beginning to
22 rehabilitate himself to show the Court that he is sorry for
23 what he did.
24 I think we can go a great deal farther than
25 that, Judge, because Tracy was not stopped from committing
STANLEY B. RIZNAN, CSR, OFFICIAL COURT REPORTER, NEWARK, N.J.

u0
l this crime when Agent Nielson and the rest of the agents
n ,,
/., assigned to this case knocked on his door and seized a
3 package.
4 Tracy had ceased his involvement on his own in
5 1979 and has been engaged in the ventures that the letters
,.
0 suggest to you for the last few years, and apparently some
7 of them will be coming to fruition very, very soon.

r.
c, I'd like to contrast in your Honor's mind the
9 role of Tracy. I see him -- and I apologize for Tracy
10 but I see him making a serious mistake of judgment in
11 getting involved with some horrible people as a dupe or as
12 an individual who was used.
LJ 13 I think his criminal involvement was doomed to
14 failure from the beginning because he chose individuals such
15 as Ferneborg and Margerite to get involved with.
16 The probation report indicates that Ferneborg,
17 as your Honor recalls, was involved in the Tupper situation,
18 and got 17 months. I was advised today that Margerite has
19 been given time served.
20 To contrast those professional criminals who
21 spent their entire life in the criminal enterprise, who
22 spent their entire life in and out of jail, to contrast that
23 with the short period of time -- not short -- the year and a
24 half that Tracy was involved in this enterprise is something
25 that I'd like the Court to take into consideration in meting
STANLEY B. RIZiiIAH, CSR, OFFICIAL COURT REPORTER, NEWARK, N.J.

9
1 out sentence today.
2 He's not a hardened criminal. He raade a
3 serious mistake and committed a serious crime. But he's a
'-!, salvageable human being.
5 One of the other things that the probation
6 report said -- and I'm glad that it's your Honor's policy to
7 disclose the recommendations of the Probation Department as

(1
C, opposed to some of the other judges' feelings. Perhaps your
9 Honor is the only one that discloses the recommendation
10 portion.
11 THE COURT: I always have.
1-; MR. BRIETBART: It's helpful.

"'
13 THE COURT: Well, I don't think that anybody
14 has a right to speak to a sentencing judge in private. Not

3
15 even the Probation Department. He's entitled to know what
16 they say.
17 HR. BREITBART: It's helpful, Judge. And I've
18 advised Tracy that Mr. Stoukas and the office recommended
19 that he be sentenced to 12 years. But there is a misnomer
20 in the suggestion by the Probation Department that if Tracy
21 is, in fact, sentenced to such an onerous sentence that he
22 would be free in 42 months or some such. It's been my
23 experience with the Parole Department, which is separate and
24 apart from the Probation Department, that anyone charged
25 with a conspiracy such as this one, of the magnitude of this
STANLEY B. RIZMAN, CSR, OFFICIP.L COURT REPORTER, NEWA...'RK, H.J.

10
l one, is going to be held to ME or maximum expiration time

7 2 rather than less than one third. He can expect to serve
3 two-thirds -- excuse me -- of whatever your Honor sentences
him to today.
5 And I think that is a very, very serious thing
G for your Honor to take into consideration. He'll get good
7 time, but they do not parole individuals when the
8 allegations are such of the large nature of the conspiracy
0
_, and the number of individuals involved.
10 To summarize, Judge, I think Tracy is a
11 salvageable human being. I think he's already made by
12 showing this Court -- that is another mistake in the report.
13 Mr. Stoukas asked him if he now used drugs. He told Mr.
14 Stoukas he didn't now use drugs. In the report it indicates
15 that he never abused drugs.
16 Tracy had a very heavy cocaine habit. One of
17 the means of paying for the habit was the getting involved
10 in the process.
I think the Court should also take cognizance
20 of the fact that between Margerite and Ferneborg we had the
21 source of the drugs. They were the foreign source. They
22 gave it to him. He facilitated bringing it into the
23 country. Gave it back to them. They distributed. He had
24 none of the ties with the drug world except through
25 Margerite and Ferneborg.
STAr"!LEY B. RIUIAN, CSR, OFFICIAL COURT REPORTER, NEWARK, N.J.

11
1 THE COURT: Who corrupted the diplomat?
2 MR. BREITBART: It would appear that is Tr2.cy 1 s
3 responsibility or together. It's very, very difficult to
4 corrupt someone, I agree. I would assume that is the nature
5 of the individual.
6 But they were friends and they used that
7 diplomatic capacity to bring the drugs into the country.
3 There is no question about that. I don't know if corrupted
9 him or he was a corrupt individual who was willing to use
10 his good offices for that purpose.
J.l I do know I have a lot of trouble fathoming in
12 my mind a comparsion between Margerite and Ferneborg who,
for all legitimate purposes, are hoodlums and will always
14, bei with the individual who is now for sentencing before
15 your Honor who transgressed.
16 He committed a very serious crime but I think
17 can make a very important contribution to society. I'd like
18 your Honor to take everything into consideration in that
19 light.
20 THE COURT: I will.
21 Mr. Wong, do you wish to address this Court
22 before sentence is pronounced on you?
23 MR. WONG: Yes, your Honor. Thank you.
24 Judge Stern, this is probably the worst day of
my life.
STANLEY B. RIZM.AN, CSR, OFFICIAL COUR'r REPORTER, NEHARK, N.J.

12
l First of all, I'd like to thank you for your

n intervention during the second day of the trial regarding
3 the disposition of the 848 count. I certainly appreciate
you letting me have the opportunity to plead guilty to the
5 lesser counts.
6 Pas I was saying, this is the worst day in my
7 life. I'm very, very frightened at the prospect of the
0 future months and years to come. I made a stupid mistake
9 which I shall never, ever do again. Ny brief time of
10 incarceration at M.C.C. has given me a tremendous insight
11 into crime, doing wrong. And it is just not my nature to be
12 part of this. There have been many occasions where I've
13 been very, very scarea during my incarceration at H.C.C.
14 It was an error in judgment on my part to get
15 involved in this situation and I was clearly wrong and I
16 shall never do it begin. Even more than r~ own personal
17 feeling of fright is a disappointment which has resulted
18 from this ordeal. The disappointment with my parents, who
19 have done all they possibly coulci to advance my own
20 educational well being and personal well being.
2J. My father is dying of cancer of the espohagus
22 and in all likelihood I probably will not see him before he
23 dies.
24 My mother suffers from arthritis. It's a

J 25 terrible thing for all involved. Not only my parents, but
S'I'AHLEY B. RI ZMAN, CSR, OFFICIAL COURT REPORTER, NEWARK, N. J.

13
l close friends and business associates.
2 As you probably are well aware, this can be
3 summarized in a word • .Ai11ong the Chinese, it's losing face
and I've lost face. I shall live with this for the rest of
5 my life and I w·oula appreciate any sort of leniency you deem
6 fit in sentencing me today.
7 Thank you, your Honor.
8 THE COURT: Do you wish to be heard before
9 sentence is pronounced?
10 MR. SELLINGER: Yes, your Honor.
11 Judge, Mr. Breitbart characterizes the
12 defendant as a dupe of f,1argerite ancl Ferneborg.
13 Judge, the facts, the evidence that the
14 government was prepared to present in this case simply don't
15 bear that out. This defendant invested hundreds of
16 thousands of dollars in this drug smuggling venture. He
17 enlisted the services of a United Nations' diplomat to
]. 8 smuggle in every gram of cocaine involved in this case and
19 all the marijuana which could be carried by an individual as
20 opposed to being too large for bulk shipment.
21 He enlisted the services of a vice president of
22 a major new York bank to hide money for him as the nominee
2.3 of property in New York. He made hundreds of thousands of
24 dollars of profits himself in this venture and he wasn't
25 simply a courier or a dupe of Margerite, but he was actually
STAHLEY B. RIZViAN, CSR, OFFICIAL COURT REPORTER, NEWARK, N.J.

14
1 an organizer, a financier and one of the masterminds of this

n 2 conspiracy.
3 Granted, Margerite and Ferneborg had been
4 involved in drug dealing in thousands of other cases for
5 their entire adult lives. But they were involved during the
6 same time period of this conspiracy in other cases such as
,
'7 the Oulag in which the defendant wasn't in charge, because
8 he wasn't involved. He wasn't the mastermind. He didn't do
9 anything in that case.
10 In this case the defendant, along with
11 Ferneborg, was at the top. He wasn't at the top. This
12 defendant was born with every advantage given to a young
13 man. Educated at Columbia with a Master's degree. Some of
14: the finest schools in the United States.
15 He has good family. He has background. He has
16 an international business. He has extraordinary
17 intelligence. He has international contacts. He used every
18 one of these advantages not to the benefit of society, but
19 as a passport into the drug dealing business with Margerite
20 and Ferneborg at the very highest levels of that business.
21 Margerite and Ferneborg did not pollute the
22 defendant's mind. The government conceded in the opening
23 statement that the very first time they asked the defendant
24 to transport money for them they told him it was for an
25 illegal venture but not for a drug venture.
STANLEY B. RIZI11AN, CSR, OFFICIAL COURT REPORTER, NE1:SJARK, N.J.

15
1 As soon as the defendant found out, however,
2 what the true purpose of the the money transfer was, he
3 first approached Margerite and Ferneborg and told them that
he knew a diplomat who could smuggle cocaine into the United
5 States. They never asl~ed him to get involved in the drug
G smuggling business wittingly. He asked them if he could
7 become involved in their drug smuggling enterprise.
8 During the in the middle of this conspiracy
9 Margerite and Fernebog, as Mr. Breitbart suggested, got
10 involved in the Tupper homocide by Buddy Jacobson. They
11 within two weeks after that murder there was another drug
12 smuggling venture that is part of this case going on.
13 Nargerite was a fugitive. He was being sought
14 by the Bronx D.A.s. He was wearing disguises. Did that
15 shove the defendant away and ask him to reevaluate those
16 with whom he was associated?
17 The defendant's sole concern that he
18 articulated to them was whether the hunt for the figutive
19 Nargerite would affect what had become a very lucrative drug
20 dealing business.
21 Margerite and Ferneborg, yes, they received
22 very lenient sentences. But, as I'm sure your Honor knows,
23 those sentences were a result of e~traordinary cooperation,
almost unprecedented in narcotics cases here. Ferneborg's
25 cooperation led to the indictment of the financiers of the
STANLEY B. RIZNAN, CSR, OFFICIAL COURT REPORTER, NEWARK, !,').J.

16
l Oulag. Both of their cooperation led to this case and in a

n 2 major drug smuggling case in West Virginia as well.
3 The defendant was offered several years ago the
opportunity to cooperate in the Oulag case and he passed
5 that opportunity up. Therefore, I don't believe the
6 sentences of either Margerite or Ferneborg are appropriate
7 for consideration of this defendant's sentence.

0
u In sum, the defendant's involvement in this
9 case, his willingness to participate in conversations about
10 murdering potential witnesses, even if no steps were ever
11 taken, his failure to file taxes for legitimate income as
12 well as illegitimate income since at least 1977, all of
EJ 13 these combined show a real utter disrespect for the law
14 which, to the government's mind, warrants a very significant
15 and substantial sentence in this case.
16 Thank you.
17 MR. BRIETBART: May I just respond for a
18 moment, too?
19 THE COURT: Yes.
20 MR. BRIETBART: Judge, we both have seen a lot
21 of cases. To group Tracy Wong in the same focus as
22 Margerite and Ferneborg I think is out of the realm of
23 possibility.
24 We are talking about two hoodlums, two drug
25 dealers who have been in and out of jail with this
STANLEY B. RIZMAN, CSR, OFFICIAL COURT REPORTER, I1JEWARK, N.J.

17
l cooperation tactic all their lives. We're talking about
2 guys who made their business deals with guns and with hand
3 grenades.
LI, I don't know if your Honor got a chance to see

5
5 the discovery material. But we're talking -- Ferneborg
6 would go into a meeting with a hand grenade to insure
7 walking out of the meeting. They escaped from -- used every
8 scam, every possible lure. It is absolutely conceivable
9 that they ventured into this business knowing that they were
10 going to cooperate as a way out.
11 THE COURT: Your client saw these men with hand
12 grenades?
13 r-IR. BREITBART: Ho. That all happened in
14 Europe. No violence, guns or any of that was ever part of
J.5 this thing. But I'm trying to do
16 THE COURT: I understand. I am not responsible
17 for the sentences that were given to those men.
18 MR. BREITBART: I understand, Judge. I'm
_..,
l Cl trying to contrast what Mr. Sellinger thinks is a parallel,
20 the difference between Tracy Wong -- if Tracy Wong were in a
21 room with Margerite and Ferneborg, there is no question as
22 to who the leaders were, the organizers.
23 THE COURT: I understand that. But I am not
24 responsible for the sentences that were given to those men.
25 MR. BREITBART: That I understand. I just
STANLEY B. RIZMAF!, CSR, OFFICIP,L COURT REPOR'l'ER, PEWARK, N.J.

, Q
.J..U
1 didn't want
l 2 THE COURT: If they stood before me, then it
might be different.
I.\ t•1R. BREITBART: Thank you for giving me the
5 opportunity to respond.
6 THE COURT: I'm sorry. I've tried to hear
7 everything you said.
8 rm.. BREITBART: You have. Thank you for the
9 opportunity. I appreciate it.
10 THE COURT: Mr. Wong, it is not true that you
11 were born with every advantage, so far ilS I can ascertain
12 from the Presentence Report. Your parents had to struggle
13 and you had to struggle to get an education. Yet, you went
14 to the finest schools in the United States. It wasn't
15 because somebody could simply write out a check and send you
16 off without anything more. At least from what I see, it was
17 hara for your family and hard for you.
18 I say that only because I understand what your
19 family feels now. I read the letter that your mother sent
20 me and I can understand her feelings. She makes some
21 illusion to the fact she thinks things may be harder for you
22 because you are of Chinese ancestry. That, I assure you, is
23 not so. That plays no part in this. What does play a part
7 24 in this is after achieving so much you used your knowledge

.J
25 and education to do a great wrong.
S'I'ANLEY B. RIZHAN, CSR, OFFICIAL COURT REPORTER, NEWARK, N.J.

19
1 You didn't steal because you needed it or
2 because you had only that way to provide a better life for
3 yourself.
In a sense, I can understand some poor person
5 who has no other way who succombs to the opportunity to
G steal because that is the only way they feel they have to
7 provide for themselves. You had it all. I think that what
8 you did was to simply decide that you were smarter than
9 everybody else; that you could use diplomats, foreign bank
10 accounts and the like of that, and you would be able to get
11 away with it.
12 Your lawyer said that the purpose of punishment
13 is to teach. That may be one of the purposes of punishment,
14 but it is not the only purpose. One of the purposes of
15 punishment is to punish because it is right that people
16 should expect that when other people break the law they will
17 be punished for it.
10 It is part of our notions of justice, of
19 dessert, even as you expect to be rewarded and appraised
20 when you do well. You expect and, equally importantly,
21 everybody else has a right to e;{pect when you do wrong, when
22 you commit a crime, when you offend society, you will be
23 punished for it not simply to teach you but to punish you
24 because it is right that you should have your dessert.
25 Our people suffer in every kind of way in every
STANLEY B. RIZNAN, CSR, OFFICIAL COURT REPORTERr NEWARK, tr.J.

20
1 walk of life. We're victimized by this drug business. What

l 2 could you have expected from us, from this Court, when you
3 planned how to smuggle vast quantities of drugs into this
4 country by the use of people who had diplomatic immunity,
5 when you funnel money in and out through foreign secret
6 numbered bank accounts? What could you have expected from
7 us, from me, from somebody who sat here like me? Is it
0 enough in that moment in the Court to say, "It's the worst
9 day of my life," and cry? I wish it were.
10 As a human being I would like to forgive you.
11 But I cannot sit here as just a human being feeling sorry;
12 me for you, one person to another. As I sit up here and
13 wear this robe in this place I represent the community in
14 which we all live. A community which has the right to
15 expect that when people commit the kinds of crimes which you
16 have committed, which touch the lives, as they do, of all of
17 us, that our response here on behalf of everyone will be of
18 the utmost seriousness and gravity.
19 It is not easy for me to look you in the face
20 and send you away for the kind of time which I am going to
21 send you away for. But I would not be doing what I think
22 our community has an absolute right to expect. Not as a
23 hounding mob, but as a simple matter of justice. It is for
24 those reasons, not to teach you, not even to deter others,
25 for -- I don't know. I think a lot of people simply do it
STANLEY B. RIZMAH, CSR, OFFICIAL COURT REPORTER, NEWARK, H.J.

21
1 no matter what is threatened because they don't think
2 they'll get caught, just the way you didn't think you would
3 get caught. I am going to give you a very long sentence
because you deserve it.
5 Accordingly, it is adjudged the defendant is
6 committed to the custody of the Attorney General or his
7 authorized representative for imprisonment for a term of 15
8 years, to be followed by a special parole term of five
9 years.
10 Remand the defendant.
11 MR. SELLINGER: Thank you, your Honor.
12
13
14
15
16
17
18
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20
21
22
23
24
25
STANLEY B. RIZHAN, CSR, OFFICIAL COURT REPORTER, NEWARK, N.J.

l:'l THE UNITED.STATES DISTRICT COURT -J\il
pi:~. ::;;_1· .. FOR THE l)ISTRICT OF NEW JERSEY
:.!.!.';' . : .-
.;.y s - .. Criminal Ho. 83-199

TRACY WONG~
RETRACTION-
Defendant.
- -, . - . - - .. .. -
Jc::rscy
-N t:wark, N cw
December 6 , l 98 3
BE F O ~l E:
App.caranccs:
•
W. HUNT DUMONT, United States Attor~ey,
BY: PHILIP R. SELLINGER, .
Assistant ,United States Attorney,
For the Government.
I •
DAV I D 8 RE I Tll ART , . ES Q • , ( NYJ
For the Defendant.
EI L:E D
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.
DEC
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7. 1983 -
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IN THI~ UN!TED STA'l'ES D!STR!CT COURT
. .. _~--.. . Cr i mi n a 1 Ho • 8 3 - 19 9· ·
'l'RANSCRIPT Of PROCEEDH-JGS
. Defendant.
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Newark, Nc:w Jcrticy·

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December 6, 1983
'
BEFORE:
THE HONORABLE HERBERT J. STERN, U.S,D.J.

'AND A JURY.
App.ea4·ances:
',
9
w. Hu NT Du MO 1-l r) uni t e d states /\ t t O I' r) (! y .

BY: PIIILIP. R. SELLINGER,
Assistant ,United Sta·tcs Attorn~y,
. -~ ... ,
For the Government •
'
DAVID BR£IJllAR1·, ESQ., {NYJ
For tne Defendant.
DEC· 'i 1983

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STANLPY B. HIZOAN, CSR, OFFICIAL COURT RSPORTSR, NC~ARK, N.J.

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Rf..(•;:\\TD FOR THE DISTRICT OF NEW JERSEY
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Criminal. No. 83-199
JERRY SWARTZ, ARRAIGNMENT

Defendant.
- - - - - - - - - - - -
Newark, New Jersey

September 23, 1983
BEFORE:
App.ea.ranees:•
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W. HUNT DUMONT, United States A t t o r n e y :S.. 0u1 0.0
By: PHILIP SELLINGER, 0 0: UJ
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Assistant U. S. Attorney i= U) <(
For ·the Government

PETER ZEILER, ESQ.
For the defendant.
F 1 LED
OCT b 1983
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ALLYN Z. LITE
STANLEY B. RIZ1'\AK C. S. R.
OFFICIAL COURT REPORTER •· UNITED STATES DISTRICT COURT
P.O. Box 397 (2011 643-5720

NEWARK. N. J. 07101
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IN T IIE U:,; !TED STATES l)JsT.iCT COURT), 1'
FOR THE l)ISTRICT OF NEW JERSEY
REC:E!VEO
. .6.LLYN Z. Lil~, CLCiiK
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Criminal No. 83-199
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I TRANSCRIPT OF PROCEEDINGS
II KEITH ~ff.f1(~·i-ft/!~~I WONG, .
I STANLEY ROGOW and
i! DOUGLAS GRANT, ARRAIGNMENT
I'
1'
I! I Defendants.
Newark, New Jersey

September 3 □,· 1983
BEFORE:
THE HONORABLE HERBERT J. STERN, .U.S.D.J .

•
Appearances:

BY: PHILIP SELLINGER,
For the Government.
DIANE R. TOLBERT, ESQ. (NY),

For Keith Mattes.
DAVID BREITBART, ESQ.,

For Tracy Wong. FILED
,· RICK FLAM, ESQ., (CA) OCT b 1983 0
For Stanley Rogow.
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S~riU1LEY B ~ RI Zi-lAF, CSR r OFFICIAL COURT REPOR'J18R, tJf~PAPK, N. J.

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SELLINGEn:
2 J_ 'I'fl8 COUR'r: Sounds like w~•r2 going LO have~
22
23
25 copy of ~~cs0 by ~r.
STANLEY B. RIZ~AN, CSR, OFFICIAL COURT REPOR~RR, NEWARK, N.J.

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3 THC COURT: Ssizod on his p0rson at th0 tim2 of
MR. BRIETBART: Y0s.
TEE COUR'r: Good 1uck f.~0 you 0
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11 MR. BREITBART: Judge, ~he only ~hing th~~ I
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.1. 7 MR. BRIETBART: Yes, s1ro
18
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THE COURT: So l0~•s ~~lk 2bour. Nr. Wong.
S'I'.l'iL'lLBY B~ RJ.Zr.:Ali, CSR, OP.FICIAL counrr 8.El?OHTBR, NE:t-'Tl\RK,

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THE COURT: That was compl~ 0ly 2x p~r~~,
15
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17 RR. BREITBART: Tti;;:n k you, s 1.r.
lD Judg2 Bucnwald had inciLcat.ca she was no~ mak~ng
20
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5 MR. BRI E'J'BART:
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17 Louis, M1ssouri. His morn and daa still live ins~$ Louis,
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6 wh~re he was a scnolarship stud2n: from Columbia University.
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11 d1ff0r0~t capacities, carporat£ finance wi~h Dach0 &
12
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17 Trading Company, Lirnicca.
in~crnatiunal ~rading. I ~read v2ry ligb~ly on ~hose lin0s

20
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2:2
Be's a ship brokQr, ~n in rna~iunal finuncier wh0s2 clJ.cnLs
24
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STANLEY B~ JIZMAN, CSR, OFFICIAL COURT REPORT8R, NEµAR~, N~J.

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j~ Princ~~on, His uncle is a~ ch0 Insc1tuce of Advanceci
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ar~ in mrny walks ot lit2 in New York~ One of ~h~
STA~L8Y BQ PIZMAN, CSR, OFFICIAL COURT RBPORTBR, N8WARK, N.J~

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6 NRe BRGITHART: -- th2 re~psr. And hz is a
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question of som~on~ of oricn~al h0r1ta92 ~nd ens losing ot
21 permission of ~he Court co addr~ss ~he Court wi~h r2gard ~c

22 ~hat, hims0lfo I would ask chc Court's p2rm1ssion at thia
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MR. BRIETBART: As b~sc I can, yuur Honor, wha~
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u conscience because cf his need ~o prov~ his innoc2ncc 2nd ~c
10 he muse s~vs face and he must bn pres2n~.
11
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13 with r~~urning ~o cour~. One m1ll1on ~nd & half dollars
16
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20 THE COURT: How rnucn bail can your cli~n~ rn~k0?
21
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S'.11 AULF.Y B. RIZt·IAP, C,SR, OPFICIAL COUP.'J' RF.POR'J:F.R, iJEP.i\RK, Poclo

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or 211 inL 1.211 f1.n:::.r;.ci.n9 lca.n fr:cm Comr:'cock. nr. Wolf uwns
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0 ViR. BPEITBl\RT: H~:· do.:;.sn 1 ;__ h2we Vc:ry mnny
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11 NR. BRIETEART: -- himself, his work capaci~Y~
MR. BREITBART: He wcrks uut of his hous0 at 3
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17 THE COURT: Doeu h~ hhlV2 any b2nk accoun~s?
lG MR. BREITBART: Na. Just ~ha Comstock
21
22 THE COURT: In cash?
23 MR., BREITBART: $2,000.

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]. 5 m11d, "Of caursc. I mean, I'm not going ::rnywi:1cr:r:-. I W:')DlCJ
16
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1 f.: THE COURT: Thank you v~ry nruch.
19 Does ~h2 government wish to bs heard?
?.O MR. SELLINGER: Yes, ycur Honor.
21 As you recall, wh2n I camt before you ex part2,
22 we: tw.cl 2:.~skt'.d for a. $10 mJ.llion bail. I'm going LO ,;;sk for
23
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~ million doll&rs for his rol0 in ~he conspiracy, mast cf

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Ap2rc from that, your Honor,
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u inccrcst ln tnat he laan0d ~o Ted Wolf, th~ pucchas~r of
10
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.l 2 witn th~ conspiracy.
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17 Your Honor, I'm told tha~ just last mon~h 1n
12 August fir. D0ng or his company -- som2times it lS h~rd for
19 111'.::, ::c uL:>:1:nguJ.sll Mr.. Wong from Coms·::ock -- sold 3_ $200,000
2 (\
?. l West 22nd s~rcet. Ag2in, ~ha~ buildi11g w2s purch~s2d in '79
22
23 ha6 r2cciv~d w011 ov2r a half 0 million dollars l.n
ccmnecL1on with ~he conspir~cy~
2.5
STANLEY B. RIZMAN, CSR, OFFICIAL COURT RRPORTER, NE~ARK, N.J.

18
,
out. And, ycur Honor, we were no~ &bl~ ~u verify any
5
7 THE COURT: How abou~ th2 $50,000 rnor~gag~ in
9 MR. SELLINGER: Th~t was by cn2ck.
10 TEE COURT: By check.
11 MR. BREITBART: If ycur Hsnor pl~as~, th~r0 lS
12
13 an a~torn~y 1n New York by chs name of Mallin, who I sp0k2
MR. SELLINGER: That's corr~ct.
16 MR~ BREITBART: E5S~ 22nd. All cnGs~

17 ~ransactions are ~ransactj.on~ of rcccrdo Mr. Mallin was
q
-l -
20 MR. SELLINGER: Your Honor, I simply go ~hr~ugh
21
22 1~70, again 1n chs n2art cf rhG co~spiracy, Cornstcck
invcs~Gd $50,000 in another building 1n N~w Yc[k at 120-122
THE COURT: By cash or chsck?

1
7.
...,
:;
G SELLH1GE!R:
10
11
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1n London ~nd New York, valued~~ 13 million dollars. H0
15
16
17
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, C.
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21
22
23 C(>:r1i'3IJ ira cy.
24
25
STANLEY Bo RIZMAN, CSR, OPFICIAL COURT REPORTER, NEWARIT, N.J~

20
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10
11
12. ~he wcrld and rssstablish himself v~ry easilyo

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15 building ~h2 evening befors somewhcr~ bsfor0 21gh~ o'clock.
17 the door on a number of occasions and Mr. ~ong simply
18
20
21
2?
,I ---
Your Honor, addi~icnally, en July 22nd of 1979,
STANLRY B~ RIZUAN, CSR, OFFICIAL COURT B8PORTER, NSµARK, N.J.

21
7 nam0d F0rneborg, wi~h wnom ~h0y had had a falling cut, had
10
11
12
-l ..,
? is h2 was likely to do in rnc futureo
Your Eonor, in sum, $10 million, ons and a h2lf
15
16
17
19 somebody wn~ simply sat on a boat whicn tr&nsporte6 tbs
20
21
22
23
25 1~IlB COUR'I': f.. ,, -·

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6 tu poin~ out which I think 1s absolucely cr1ticalg This
7 do~sn•~ com: as a surpr1s2 cc us.

p
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11
12
13
lG c2r~ainly ~h2 opportunity pr2s~nted 1~s0lf wi~h all of th2sc

17
lU Judg2, every ~ime h~ gc~s out of ~hs coun~ry --
lag~- i~ ccrtaj_nly doesn't

20 seem ~o ba bizarre to m2 chat somebody could bs craveling
21
22 sleep and g~cs up ch8 n2xc morning ana is arras d by th~
23
25
STANLCY B. RIZUAN, CSR, OFFICIAL COURT R8PORT8Rr NEWARK, N.J~

1
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u
10 f or l i'l Ci J. v i c} ll •:.~.1 s
11
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13
15 MR. BREITBART: H2's bc0n in discussicns no~
17
18 M0ll.u1? with a couple of lawy2r2
19
20
22
23 &ccusaLion for an 848 counc --
TH8 COURT: Docs ha own a car?
25 HR. BREITBART: Nao
STANLSY D~ RIZNAN, CSR, OFFICIAL COURT R8PORTFR, NENARK, U.J.

1
5 NRs BREITBART: I'm sorry, Judg2?
THE COURT: I c~n't hold~ pr0tr1al ~rial.
7 DR. BREITBART: I und0retand ~hat.
8 THE COURT: What I can do is give you a v2ry
early :.riaJ 20 th~t if Mr~ Wong hus to b~ disaccammoa~ccd by
10
11
12
13
Wh~n do you want~ trial? I'll givs i~ to you
15
16 HR .. BrrnITBAF!T:
17
12 THE COURT: H~ m~y have :o g2t another l~wy2r~
.,__.
1 0
20 MRo BREITBART: Csr~ainly he would like ~n
21
22
STANL8Y B. RIZUAN, CSR, OFFICIAL COURT REPORTER, N8WAR~, N.J~

25
l for
3 THE COURT: S.i.r, I ~ua n.t:..:,,:mp:.::ing c::c: b::, .t1rdpful
5 DRv BREITBART: I uncicrs=and that.

,.
,J THE COD.RT:
8 2n~irsly in your hands.
, ()
.l.,• him loos2 b2cBus~ you say you nc~d mot~ ~im0. What I can 60
11
15 b,:gJ.n.n:.1.ng o:t D: .. ccmbcr:.
16
17 wan~s you under chose c1rcumstanc0s. I am rsady, willing
19 UR. BR8ITDART: I'm suppos~d lo try a cas2 on
20
21
THE COURT: All I'm :clling you, it your cli~n~

..,
2J is 1n jail, I'm r2~dy, willing and abl0 to try this cas20
If.: you ;;1.r:2 no·::, uo

l. to Nr. Nang to decide
26
I1R. Bl:8ITBART: yc,U
TES COURT: th<l l, I C:cinr10·;:. ,:i.ccornmodatc o 11 cf
10 his wishes. I think, based on ~h2 governm~n~•s
11
12 MR. P.,R8ITBART: Onc;;i million. c::.nc1 a. hclf c:o.Ua.rs,
16
17 todaye I'll give you~ ~rial cwo we8ks fr0m today if you
Do you
Ultt,, BTIP.ITBAR'r: No, sir~ I doD't shink I c2n
20
21
22
23 TI-rn COURT: l'it'l1, wh~tt I Can. do for you .:.'3 ;::,o
24
25
s~r.i'VlL.8Y B. RI zr..:mn, c:m r OPFICIAL COUP.'}7 REPOR'I'BR, NEt·Jl\RK, N.. J.

27
-·-:i
L':
(i f-1FZ o BRE!ITEJ.\RT:
7 TH8 COURT: D2ccmb2r Wh~c?

0
u
9 UR. BREITBART: I dun•~ ~bink so, Judge,
1n,,,
11
12
13 MR. BREITBART: I do~'~ havs a calend~r. Wh~t
l i:,
15 THE COURT: D0ccmb~r 5~h.

,
~-V
,-::.
17 would be possible for mys2lf.
lf!
19
20 MR. SELLINGER: Yes, your Honor. December 9~h
21 is 70 a~ys from ~oday9
22
23 in N0w York. Eu~ I believ0 shat the crucial ci~t~ is ln thi~

)
2,i
25 THE COURT: µill all ozh0r counssl be r02dy,

l
fiIR, BREn:BART:
5 TEE COURT: How long will y0ur c~se cake?
10 MR. BRE:ITBZ:\RT: I really won•~ know, Judge.

11 THE COURT: You haven•~ had a Chane~ to find
12
13
J.5
lG
17
1[:
19
Under those c1rcumst~lnc2s, I can give you 20

21
22 ~o being, but you'll have 20 a~ys for motions.
23 Tne govcrnmen~ will nav2 ten days ~o responc~

29
t.
. . .
5 ,_rns 1mmcct16.Lc comrnurui:.;y~
6 no~ nwch impr2ss20 by zh0 fact Lhat he conducts nis
8 an Dffice and solely from wha~ counsel n~s d2scrib~d as hjs
10 do not considar this
11
12 confid0nc~ that n d2f0ndant facing ~hese grav~ charg0s has a
l _,"'.)
16
J. 7
1e ~hrse witn2sses wno arc admi~~ed co-conspiratorso The
19 d0fens0 appropriately responds, yes, but you n2v2n't jucig0d
20 their crsdibility. That is tru2, of course, bu~ ~hcr 0 is no
21
propose to conduct a pr2~rial trial, as alluring as that may
23 sound ~o couns~l for th0 defendan~~
25 ~hr22 wi~nesses, s~].f-prcclaimsa co-conspirators, who will

30
4 rm" SE:LLINGl~:R: No, yuur Honore
5 THE COURT: In 2~y 0v0nr
6 l'iR o BREITBl\RT: I'm sorry, Judg2. Prior ~o
~he governm0n~ could supply us.
10 nrn COURT:
11
J. 7. f.JR.,. BREITBART:
J.3 'l'Hf. COUH'i':
15
J. 6
J.7
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.
21 ci substan~ial businessrn~n.
22
ST/.\tJLf:Y .RIZ11AN, OFFICIAL COURT REPORTBR, NEWARIT, NvJ$

31
5 MR o BRIUTBAm::
7 THE COURT: M1.nimum s~nt~nc0 of ~en ysurs
10
1 J.
12
13
JS
HR. BREITBART:
17
18 ;,:..., r)\l
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20 '.rI-m COURT: You m0an Brady ma rjal. You'll
21
22 J.t to you prier to your cross-cxamina~ior1. You've don~
23
25 TES COURT: Sa h&vc I.
.STAT-1Ll~Y B" PI ZIIAN, CSR, OFFICIAL COURT RBPOf:TE:n, t-1Et'7ARIC 1 N O J 0

32
10 1
UR. SELLINGER: Your Honor, may I also ask ~h~~
7 NR. BRI8TEART: And a nic0 wc~k0nd, sir.

r,
0 THE COURT: Incised.
SELLHlGER: Your Honor, with resp~ct co -·. ~-- _.,,

·,_..,.1.J. .....
10
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13 THE COURT: You are asking for $50,000 surs~y
14
1 r.;
-'-..., MRe SELLINGER: Yes, s~cured ~n diff2r~nt w2y~
16
17 TITS COURT: I g~Lhcr you s~ruck an
undGrstanding wich each cf them?
MR. SELLINGER: Y2s, your Honor~
20
NR. FLAM: No, ycur Honor.
22 TTR. REIMER: No, your Honer.
MS. TOLBERT: I'm sorry?
2. 5 t ,.,.,..
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STANLEY B. RIZL-'il-\N, CE:R, OFFICil\L COUP'J' DF.PORTT:m, l',lEf,}ARr~, U .. J.

1 MS. TOLE8RT: Y2s, your Hcnor~
MR. FLAM: M&y I, your Honor? Excuse m~. D&y
6 I bring up on2 additional matte~ witb r2gard co bail?
7 THE COURT: Sure.

r,
u MR. FLAM: I have b8sn ~n con~acc wi~h Mr.
10
11
12 wLth Mr. Sellinger wi~h regard Lo th~ pl0dge of property no~
l _,? loca~ed in N~w Jersey bu~ located in my dis~rict, the
15
16 prov1as him with inf0rm2tion on a daily basis -- 1f I w~r~
17
18 docum~nts to show Mr. S0lling2r ~ha~ juscific~~ion could
19
20
.,
fl.le it wich th~ Cl2rk's pffic~ of ~hs Central Dis~rict of

l
3 THE COUR'r: Any obj ~~cc: ion?
4 MRo SELLINGER: No objection.
5 MR. FL~M: Thank you.
6 MS. TOLBERT: On behalf of Mr. Mat~es, we h~v0
n
(.,
Treasury no~0s far ~h8 full amoun~ cf tnc bend. And ~he
10 b~ instruc~sd by yuu to sccspc ~he Treasury no~es.
11
12 HR. SELLINGER: No, your Honor.

, -:,
J. ..J THE COURT: So instructed.
14 ~s. TOLBERT: Th2nk you.

c;
l _,
16
17 con~rov2rsi0s bu~ ~o resolv~ them. If you and the
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20 MR. FLAM: Th~nk you. Your Honor, may I r~lS~
21 one add1~2onal point?
22
23 my clisnt's n~0ds to accomplish c2r~ain business trnv0l.
24 Mr. Sellinger has b00n v0ry willing to
E'?AULE:Y B. LU zr,JAN, CSR' OFFICIAL COURT .RF.PORTf~H, NE:{,TAHK, n. J.

l
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.:..,
~rd:r of ~h~ Court to 2llow n~ client tu travel on specific
G cons0nt if ch0 gcvernm~nL were co so ask ths Cour~ ~o ac so.
10 MR. FLAM: He's scheduled to Lrav~l wi~h
11
12
13
15
17 TH8 COURT: Any 0bjcc~1on?
18
19
20
21 THE COUR'r: If -..:hey consent. a:ld 2. CODS(;DL orcL: r
22 is subrn1c~2d tc m~, I will sign l~. ..,.
23 MR~ FLAM: Thank youo
f.'IP. RGIMER:
25
36
3 MR. REIMER: N~w Ycrk.
THE COURT: I gucss chat's a much shor~~r ~rip

5
6 MR. REIMER:
7 THE COURT:
r,
(: MR. REIMER:
9 rrr~:8 COURT: You don't like comi~g her2?

10 PR., REIDER: I lovs tu come co Newark, N2w
11
, ')
J. ··- TUE COURT: As from C~lj_forn1a?
13
15 THE COURT: In ~ny 2v2n:v if you want to m2at
16
17 Again, 1£ ~h0rc are no difficulties, s~cms
lS you on December 5th, anywaye
20 NR., REii"IEP:
2 J.
22
23
TH8 COURT: No. If you submi~ to me a bunch of

25
STANL8Y B. Rii~AN, OFFICIAL COURT R8PORTER, NEWARK, N,J.

l
5 ~rip from N2w York.
7 TEE COURT: To come?
MR~ RlHi11.rn: R:i.gh'.~.
11q
T £.1.,_J COUR'J1 : lov:: u'; so.
10
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', i : •t;
,-', i_ :.._ I , . : FOR THE DISTRICT OF NEW JERSEY
[:~~;-~ ~=J ·:::! "I ~;l~J
UNITED STATES _OF AMERICA t

Criminal No. 83-199
-TRACY WONG,
Defendant.
- - - - - ~
• Newark, N cw Jersey
November 18, 1983
BEFORE:
THE HONORABLE fERBERT- J. STERN, U.S.D.J.
App.earances:
WO'
J: a: 0
I- 0 a:
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W. HUNT DUMONTt United States Attorney, owo
0 a: UJ
,· For the Gover11ment.
DAVID BREITBART, ESQ., (NY_} t:~
For the Defendant. · :::i
co
N
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Fl LED
DEC 2 1983
8t s:$1.. t.f..J...................i.M
ALLYN z. LITE
STANLEY B. RIZ.MAK, C. S. R.
P. 0. Box 397. (2011 643°5720

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11
APPRAISAL REPORT OF
PROPERTY CONTAINING 3.629 ACRES
SOUTHAMPTON, NEW YORK
APPRAISED FOR: The United States of America
DATE OF APPRAISAL: July 31, 1984
APPRAISED BY: William H. Stafford III

Mecox Realty
Bridgehampton, New York
TABLE OF CONTENTS
PAGE
PART I INTRODUCTION
LETTER OF TRANSMITTAL
STATEMENT OF LIMITING CONDITIONS 2
PART II FACTUAL DATA

PURPOSE AND FUNCTION OF THE APPRAISAL 3
LEGAL DESCRIPTION 3
REPUTED OWNERS 4
HISTORY 4
PROPERTY AND NEIGHBORHOOD DATA 4
PROPERTY ANALYSIS 5
ZONING 5
REQUIREMENTS 5
ASSESSED VALUE 6 ,
ANALYSIS OF HIGHEST AND BEST USE 6

LAND VALUE CONCLUSIONS 7
COMPARABLE LAND SALES 8
COMPARABLE SALES ADJUSTMENTS 11

QUALIFICATIONS OF APPRAISER 12
CERTIFICATION 13
PART III EXHIBITS AND ADDENDA

...--------MECOXREALTY--------
July 31, 1984
Ruth Worsley
Inspector
Nation~l Asset Seizure &
Forfeiture Program
Re: Appraisal for Fair Market Value: 3.629 Acre Parcel in the
Town of Southampton
Dear Inspector Worsley:
In accordance with your request of June 29, 1984, I have
inspected and analyzed the above captioned property, its
environs and all pertinent data for the purpose of appraising
the Fair Market Value estimate of the property for the United
States Government to sell off or auction.
The property is appraised in "fee simple", i.e., subject to
the limitation of eminent domain, escheat, police power and
taxation.
In my opinion, the above captioned property has an estimated
fair market value as of J~ly 3j,1984 of $110,000.
Respectfully yours,
.J~ !-I -:;/u~

William H. Staf4b~d III
JJL
Licensed Real Estate Broker
Page 1
The Atrium - Main Street, P.O. Box AC, Bridgehampton, N.Y. 11932 (516) 537-3830
ALL INFORMATION FURNISHED REGARDING PROPERTY FOR SALE,RENTALOR FINANCING IS FROM SOURCES DEEMED RELIABLE.NO REPRESENTATION IS MADE AS TO TI-IE ACCURACY THEREOF AND
IT IS SUBMITTED SUBJECT TO ERRORS, OMISSIONS, CHANGE OF PRICE, RENTAL COMMISSION, OR OTI-IER CONDffiONS PRIOR TO SALE, LEASE OR FINANCING, OR WITHDRAW AL WITHOUT NOTICE.
STATEMENT OF LIMITING CONDITIONS AND ASSUMPTIONS
The Appraiser assumes:

1. The legal description furnished and a survey dated
May 24, 1979, prepared by Squires, Holden, Weisenbacher
and Smith, Engineers and Surveyors, Southampton, New
York, are correct.
2. That the title to the property is marketable.
3. That the property is free and clear of all liens.
4. That there are no encumbrances or defects of title.
5. That the property will be responsibly owned, efficiently
managed, and properly maintained.
This Report is submitted with the following Limiting Conditions:
1. _ No responsibility is assumed for matters of a legal nature.
2. No responsibility is assumed for information furnished by
others and believed to be reliable.
3. No engineering survey of the property was made. All
sketches and surveys are assumed to be correct but no
guarantee is made as to their accuracy. They are pro-
vided for the purpose of visualizing the property.
4. That no testimony or attendance in a court or before a
commission will be given unless previous arrangements have
been made.
5. That any disclosure of the contents of this appraisal
report is governed by the ethics of Real Estate Appraisers.
That neither all nor any part of the contents of this
report (especially any conclusions as to value) shall be
given to the public through advertising media, public
relations media, news media, sales media, or any other
public means of communicatiogs without the ptior written
consent and approval of the appraiser.
Page 2
PURPOSE AND FUNCTION OF THE APPRAISAL:
To estimate the Fair Market Value of the property--Fair
Market Value is defined as 11
The highest price estimated in terms
of money which the property will bring if exposed for sale in
the open market by a seller who is willing but not obligated to
sell, allowing a reasonable time to find a buyer who is willing
but not obligated to buy, both parties having full knowledge of
all the uses to which it is adapted and for which it is capable of
being used 11
• The property is apprai:sed in Fee Simple which is
defined as 11
an absolute fee; a fee without limitations to any
particular class of heirs or restrictions, but subject to the
limitations of eminent domain, escheat, police power and taxation,
an inheritable estate 11
•
LEGAL DESGRIPTLON
The fb~LoWing tegijl description was provided for the subject proper~
ty.
BEGINNING at a point on the westerly side of Little Noyac Path,
which point of beginning is situate, the following two (2) courses
and distances along the westerly side of Little Noyac Path from the
point formed by the westerly side of Little Noyac Path and the nortt
easterly corner of premises now or formerly of 0. Murov and J.
Morton:
1) North 00° 10 1
05 11 West, 347.89 to a point, and
2) Thence north 23° 10 1 40 11
West 131.34 to the point or
place of b~ginnigg.
THENCE from the point or place of beginning North 86° 33 1
36 11 West,
thence south 03° 26 1

24 11 West, 520.96 feet; Thence, north 86° 33 1
36 11 West, 290.20 feet; Thence, north along lands now or formerly
of G. Harold Williams, .04° 00 1

30 11 East, 540.90 feet;
Page 3
LEGAL DESCRIPTION (CONT'D)
THENCE south 86° 33' 36" East, 407.49 feet to the westerly
side of Little Noyac Path; Thence along the westerly side of Little
Noyac Path south 23° 10' 40" East, 22.37 feet to the point or
place of beginning.
Being and intended to be a portion of the premises conveyed

to the party of the first part by deed 5/3/78 and recorded in the
Suffolk County Clerk's office in liber 8621, p. 33 on 5/4/79.
REPUTED OWNERS
1) United States Department of Justice National Asset-Seizure
and Forfeiture Program.
HISTORY
The prop~rty was seized and a quitclaim deed was issued on May 17,
1984. Liber 9564, Page 366.
PROPERTY AND NEIGHBORHOOD DATA

The subject site is located on the westerly side of Little
Noyac Path. The property is within 2½ miles of the Village of
Watermill and 3 miles to the Village of Bridgehampton. The subject
property· has a convenience of location and a favorable exposure.
Favorable exposure is defined as having aesthetic satisfaction
and prestige. There are three 18 hole and one 9 hole golf courses
within a 5 mile radius. Public transportation is available through
the Long Island Rail Road and the Hampton Jitney. The nearest
airport is approximately 8 miles away located in the Town of East
Hampton.
The population of Southampton iTT the last census taken in 1980
was 45,000 year round residents. In the summer months, population
Paa@ 4.
PROPERTY AND NEIGHBORHOOD DATA (CONT'D)
triples. There are modern theaters and maQy culture centers
available to the residents in Southampton Town. The health needs
of the area are served by Southampton Hospital, a modern 250 bed
hospital,approximate1y 155 physicians are located in the Town, with
all specialties represented.
PROPERTY ANALYSIS
The subject site consists of 3.629 acres and is fully describec
as to boundaries in the Legal Description section of this report.
The land has a rapid rise from road grades. The topography
of the entire piece is hilly and is entirely treed and shrub growth.
The total area is 158,086 square feet_including flag strip to
Noyac Path. The elevation of the property is high enough to have
direct water views of Mecox Bay and the Atlantic Ocean.
No mineral deposits having commercial value are known to
exist at the site or in the general area. There are no known
deed restrictions on record which effect the subject property.
Improvements: None.
ZONING
The subject property is zoned CR200 by the Town of Southampton.
CR200 Zone being used for single family residential use with a
minimum lot size of 200,000 square feet. This property is pre-
existing so present zoning does not effect sala~ility_of the
property. Tfue~property.is .in ·the wateE ·catchment area.
REQUIREMENTS
CR200 (200,000 square feet)
Lot Width: 200 feet
Lot Coverage: 5%
Page 5
REQUIREMENTS (CONT'D)
Maximum lot coverage by main and accessory buildings.
Height, maximum
Stories 2½
Feet 35
Yards Principal Building
Minimum (feet) 100 feet
Side yard (minimum for 1) 50 feet
Side, total for both on interior lots 125 feet
Street on corner lot jQQ feet
Rear yard 100 feet
ASSESSED VALUE
The subject property is designated as Tax Map
District 900
Section 47
Block 01 . 00
Lot 43. 15
The property is assessed on the 1983-84 assessment and Tax Roll
as follows: Land $ 2150
Equalization rate for Southampton Town 6.61%
School District #6
ANALYSIS OF HIGHEST AND BEST USE

Highest and best use is defined as that which at the time of
appraisal is most likely to produce the greatest net return over a
g i ven per i od of ti me. It i s us ua 11 y the f u 11 est use of the 1and
permitted by zoning ordinances or private restrictions. An imper~
tant aspect in estimating a property's highest and best use is
determining the supply and demand for the site's use within the
foreseeable future.
Page 6
ANALYSIS OF HIGHEST AND BEST USE (CONT'D)
In my opini_on, the highest and best use of the subject
property at this time is a residential building lot for a single
family dwelling.
LAND VALUE CONCLUSIONS

The subject property contains 3.629 acres.
An extensive search was made for vacant land sales in the
Town of Southampton to use as comparables for the subject property.
The appraiser has compared the subject property with the sales
available in the Town of Southampton. Having few sales available
in the hew zoning, comparable sales were adjusted.
Page 7
COMPARABLE LAND SALES
The following sales are submitted as comparable values for
the purpose of this appraisal.
Sale Number
Location: Noyac Path (Private Road-Owl Hill Road)
Uber: 9544, Page 155
Date: 4-12-84
Tax Map: District 900
Section 48
Block 1
Lot 6. 1
Consideration: $105,000
Grantor: Arthur Trifari
Grantee: Setsuo Ito
Zoning: CR200
Lot size: 3.9 acres
This property had a waterview of Mecox Bay and Atlantic Ocean.
I sold this lot personally.
Page 8
COMPARABLE LAND SALES (CONT'D)
Sale Number 2
Location: Bridgehampton: W/S Litt I e Noyac Path

Liber: 9544, ~age 130
Date: 4-12-84
Section 35
Block 2
Lot 39
Grantor: Highfield Development Corp.
Grantee: Setsuo Ito
Zoning: CR200 ( 5 Ac re)
Lot size: 3.9 acres
This property has waterviews of Mecox Bay and Atlantic Ocean.
My office sold this property.
Page 9
COMPARABLE LAND SALES (CONT'D)
Sale Number 3
Location: W/S Little Noyac Path
Liber; 9523, Page 30
Date: 3-6-84
Section 48
Block
Lot 22
Grantor: Barbara Pickering
Grantee: D. Zo rnow
Zoning: CR200 (5 Acre)
Lot size: 3 . 1 acres
This property is within 400 or 500 feet df Sale Number 1.
Page 10
COMPARABLE SALES ADJUSTMENTS
ADJUSTMENTS-PLUS OR MINUS
Adjusted
Sale# Date Size Price/acre Size Location ..Time Price/acre
1 4/12/84 3.9 acres $26,897.44 -2 +6 0 $30,923.08

2 4/12/84 3.9 acres $35,897.44 -2 -1 0 $32,897.44
3 3/6/84 3.3 acres $25,758.58 -5 +6 0 $30,750.88
Adjustments .wEre made on each property in order to compare each sale

with the subject property. The adjustments were independently arrived
at after consulting with local real estate broker and fellow appraisers.
There were no adjustments made for time since all sales were less than
six months old. Also, an adjustment was made for location after an
inspection of the comparable properties and an analysis of its environs.
Page·11
QUALIFICATIONS OF
William H. Stafford III
I reside at no# Stony Hill Road, Sag Harbor, Town of

Southampton, County of Suffolk, State of New York, being a life-
long resident of the Town of Southampton and a duly licensed Real
Estate Broker of the State of New York. I have been engaged in
real estate and appraisal work for more than eight years.
My sales and appraisal experience has b~~n in the field of
residential, commercial, farmland and industrial sales.· I have
personally negotiated sales of numerous parcels of real estate
throughout the County of Suffolk, especially in the Town of
Southampton and the area of the subject property.
Page 12
CERTIFICATION
I do hereby Certify:
That the estimated values are true and correct to the
best of my knowledge and belief: that I have no
undisclosed interest, present or contemplated, in the
subject property or in any of the principals involved;
that my employment and/or compensation is in no way
contingent upon the values stated; that I have person-
ally inspected the property; that no important facts
have been intentially withheld or overlooked; and
that this appraisal conforms to the standards of prac-
tice and the code of ethics recognized by the appraisal
profession.
The following estimate as of July 31, 1984 is:
Fair Market Value Estimate: $110,000
I __,"-;- day of
~
{ttt<yu.s.J- 1984.
Sworn to me this 1 ,,
--==-'-------
WZABmf ANDRE
Notary Public, State of New Yd
No. 4809263, Suffolk County,
Term Expires Mar. 30. 1 ~
Page 13
,r\"'>...F;;:::;;:l,-.."<:tl.~ .,,"
I tvi ;1-"'1,-:;..,c-'--'- ----,
'Y .... jt
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.. B,9
.. 8,9
... 8.9
.. 8,9
G,15
.. A,9
.J, 16
.F, 11
. J, 16
.. 8,9
A,15
Hildreth St.. . ..... 1-J,5
~m :~---·· ..............::·1~}3~:
Hill St.............. ... C,5-6
Hill Crest Dr............... C, 14
I~"
Lighthouse la ............ G, 11
:J1
~f,~L!~--~~'.~~~-~~.'.: ·::::·~: ~~
Lillianla. ....
Lilliput La....
....... .1,3
. ... C, 14
1~~~1~
Mohawk Rd.
~~g~~ik□;~_... ::::::::/a~;~
MontaukHwy ........ H-J,1-17
Montauk Point State
. ...... H, 1
01d·S~ii~
Old Sag 1-
otd $~~·11~
Old Stan£
Ord Town
Old Town
Old Town
Old Trail F
Ole Buck I
Orchard A
OrchardR
Orchard Ai
Orientla .
Orkiney Rd
Osborn Ct ..
OsborneA1,
H,15 Hill Top Rd...... . ..... H.3 Lily Pond Dr ................ G,10 Pkwy._ .............. B-C,1-12 Osborne la
A. 16 Hillcrest Av ................. 1,5 Lily Pond La ........... J,12-13 Montclair Av ........ C,14-15 Osceola Rd ..
.J.17 Hillcrest Dr.... . ... G, 11 Lincoln Av ................. G, 16 Montgomery St.. . ... H, 14 Osprey la... .
.. 8,9 Hillcrest Ter. ............... 1,4-5 Lincoln Av. .. . .. F-G, 11-12 Montrose la ................. l,8 Osprey Ad.... . ....... C-0, 15 Roe
15-16 Hilldreth La... . ..... 1.10 Lincoln Rd.... . ............ C,7 Monument La..... .... F, 14 Osprey Ad.. . ... C,2-3 AOSl
~i::~~~~~:: ............ ::::H. ~~~ ~~~~: fi~~:: ... ::··· . :::::~:rn

... 8.9 Otis Rd........ . ...... C,9 Rose
J, 14
14-15 Hills Station Rd... .... H-l,2
~~~=~:::.· ............
Linda Ad..
::::t rn
. ..... C,15-16 Morris Park La ............ 1,14
Out!ook Av ............... G, 15 Rose
Rosel
Overlook Dr.. . ..... H,4
.... 1,3 Hillside Av... . ............. F,9 Linde La.......... . ........... J,5 Morton Pl.... .. F-G,4 Overlook La..... .... F,9 Rosen
... B,9 Hillside Dr...... . ... B, 14 Uon Head Ad ......... F, 16-17 Morton Pl.... . ........... 1, 12 Ox Pasture Rd ........... J,4-5 Roses
.. 8,9 Hills!de Dr. E............... G, 11 Little Beach Rd ............ 1,3-4 Mosses ~a ..................... 1,4 Oxford Av ............. A-8, 15 Rosew
B-C,9 Hillside Dr. W ........... F-G.11 Little Fresh Pond Ad ....... H,5 Mount Misery Dr... .. G, 11 Oy&ter Pond la... . .. G-H, 14 Rosew
.. 8,9 Hillside Rd... . .. H,2-3 Little Neck Rd ................ 1,3 Muchmore La ............. I-J, 14 Oyster Shores Ad .... G-H, 14 Rosewi
.. 1.11 Hilo Dr ....................... B, 14 Little Noyack Path ..... F-I, 7-8 Mudford Av.. . .... F-G, 15 Rosko Dr. _, ,
2-13 Hither La...... . .... J,14-15 Little Plain .................... J,5 Muir Bl ................. H,15 Round Pond Rd ...... G, 10- 11
-J, 12 Hodder Av .......... F-G, 15-16 Little Ramlsland Dr..... B, 17 Mulberry Dr... .. .... F,9 Roxabogue la. . .. . ... I, 10
H,17 Hog Creek Hwy ... F-G,15-16 Lockwood Av................ 1,9 Mulford Av .............. H,13 Roxbury La. .. . ...... J, 11
.. B,9
.. 8,9
.E.10
~~rro~er,~:t:·.·.·.-.·. . ·.·.·.t~~
Holly La.. . .. J,6-7
t~6~:7t°A~.~.·.:. :::::··::::~:1~
Locust Av..... . ... G,5
~~:;~~~t.t .:. · · · .:::::~:~
Mullin Hill La... . ..... F, 7
Palma Ter. ................... I, 14
Pah1erTer ............. F, 10-11
Palomino Ct.. . ......... I-J, 12
Ruggs Path ........... E-F,8-9
Runnymeade Ad.. F, 16
Rutland Rd .......... F·G, 16-1 7
,9-10 Hoity St....... ............ C,6 Locust Dr..... . .......... G, 16 Musket La.... . ........ G, 14 PantigoAd ............... J,14 RysamSt. .... .. F,11
... C,9 HollyWay.... . .. J,16 Locust Dr............... F,9-10 Myrtle.. . .. 8,17 Parish Ad..... . ........ H,5
.J. 17 Holly Hill Rd ................. J. 17 locust Ad... . .. E-F,8 Park Av. . ..... 8.2
... 8,9 Homestead la ........ F,16-17 Locust St ................... H,15 Park Pt. ................ G,16
... J,5 Homeward la .............. B, 10 Locust Point Rd.... . .. H, 17 N Park Pl...... . ......... J, 14
.. I, 13 Hook Pond Ad... . . .. J, 13 Locust Point Rd .......... A, 15 Parkway Dr .................. F,9 Sagaponack Ad ....... I-J,9-10
B, 15 Hoover Ct....... .... C,6 Long la .................. H-I, 13 Napeague la ............. J, 17 Parsonage la. .. .... J, 10-11 Sagaponack-Main St
15-16 Hopk\ns Av... . .......... C,8 long Beach La .............. F,9 Napeague Harbor Ad. Parsonage Pond Rd ... 1-J, 10 ........................ I-J,9-10
Hoppin Av ............... C,9-10 Long & Short Beach
... 8,9
.. I, 17
.. 8,9
Horse Meadow La .......... f, 12
HorsemiU la...... . ..... J,8
Hwy .................. E-F,9-10
Long Island Av.. . .. F, 10-11
.......................... B-C,3-4
Napeague Meadow Ad.
....... ... . .... B-C,1-3
~=~~dJ1:lc1.··· · ··:::.FG~~
Patnotla ................. G,14
Sag Harbor Tpk .......... I, 13
Sagamore Rd... . ... H, 1
Sagest .................... F,11
... C.9 Hor~shoeDr ............. 1,13 longPomtRd .............. F,10 Narod 81....... . .............. /,8 Pauls la....... ....... I-J,8-9 Sagg Rd ................. G-H, 10
8,8-9 Narrow la...... . ..... 1,9-10 Pavillion PL.... . . .. H, 15 Saint Andrews Ad. . .. J.3-4
... F,7 Narrow La .................. H-I,7 Pawnee St. . .. . ... H. 1 Saint Andrews Rd .... H-1,3
... 8,9 Narrow la...... . ........ J,5-6 Payne Av ................. E, 10 Saint Francis PL . . . .. G, 16
.F, 10
B,14
.. H,5
~i~jt•.t•·••·····•••·i~Ji
Hubbard St........ . ... l.4
~~1;~:.Rd···········E-!~~1
lord Daniel Ad ...... B,14-15
Nassau St ................... F, 11
Navahoe la... . ....... C,3-4
Navy Rd ............... A·B,7-8
Pebble Path . . . . G. 14
Peconic Av .................. G,5
Pecornc Av ........... C-D, 14
Saint James ... .. . . . .... 8, 15
Saint John·s St ......... A, 14
Salt Marsh Path ..... G, 15-16
.. C,9
.E.11
Huckleberry la ............. H, l
Hudson Av .......... B,15-16
Louise la ...................... 1,8
Louse Point Rd ............ H,17
Neck Path .............. H-I, 16
Nevins Pl. .................. H, 16
Peconic Rd ................ H.1-2
Peconic Bay Av... . .... F ,6 ~=~~ge::aA~.~~: F,14}~
11-12 Hudson Rd. ... . .. C,6 lower Seven Ponds Ad. New York Av.. . ... A-B.15 Pecon1c Beach Ad .......... H,2 Sand lot Ad ............... H, 16
3-C,9 Hu// la... . .......... 1,9 .............. . ........ H-1,6
.. B,9
3-14
HtJIIAd........
Hunters la.....
. ... C,6
... H,5
Lumberla ............ I-J,13-14
Lumber la... . . ....... H-I,9
~::~:~ ~~:··. ··········:::J:
Newtown la. . ..I-J, 13-14
Peconic Hills Ct .......... F,6-7
Peconic Overlook
Peconic View Ct .......... H,2
.... H,2 l:~:g~t~i~:.:·· ....... .-:·~:~
SandhiU La...... ......... F, 14
i\, 15 Hunting Av.... . ....... 1,14 Lyndala .................... H,14 Nichol Rd.... . ...... A, 15 Pelham St.. . .. J-J,4 Sandpiper La.... . ..... J,8-9
3.11 Hunting La .................. J, 14 Lynton Rd.. . ....... H,2 Norfolk Dr.. . .... F-G, 16-17 Pelletreau St. . .............. 1,5 Sandpiper Ad. ..... C-0, 15
.. 8,9 Huntl.ng la .................... J,5 Norfolk St .................. G,16 PenbrokeDr.. .. .. F-G, 16 Sandra Ad ......... G-H,15-16
-1, 15 Huntington Crossway NorthCor.. . . ......... J, 14 Penn Ad ............ . .C,6 Sandy La ..................... F,7
:,6-7
. 8,9
6-16
......................
Huntington Path ............ H,8
Huntmgton Rd...
.H,10
... 1,8
M
Madison ..................... H, 1
North Dr ............. D, 10-11
North Hwy.... . .. H, 1
North Rd .................... H,2
~=~~;:~=~~j~~.:: ·.:·.-.::·.-a~,:
Percy PL .......... . .. H, 1
Sandy Hollow Rd ..... H-I,4-5
Sanger Pl........ . ... C,9-10
Sawasett Av. . ...... 1,9
i-H,6 Madison Av.... . ........ 8,2 North Way ..... ...... H-I, 17 Pengee Path... G.14 Sayres Path ... . .... I-J, 11
.. J,4 Madison Dr............. C,6-7 North Bay Rd ............... F, 7 Peters La .................. J, 10 Scallop Av .............. G, 14
F, 10 Madison St. . . . . .. F-G, 10-11 North Brand Rd.. .. .. C, 14 Pete 0 s Path .............. H, 14 Scallop Pond Ad ........ G,4-5
6-17 Magee St.. . .. 1,4 North Cape la ............ F,14 Petrel Ad. . . . . . . . ... .. . ... 1,3 Schellenger Rd ........... J, 15
J,12 Indian Hill Ad.. I, 14 Magee St....... ............ 1,3 North Captains Neck ...... .1,4 Pheasant Dr.... . ........ H,9 School St.. . ...... H, 16
.C,9 Indian Aun .................. G,5-6 Maidstone la ............. J, 17
.H.3
.H,5
Indian Wells Plain Hwy.
·················· .......... J.15
Maidstone La... . .... I-J, 13
Maidstone La ......... J, 13-14
~~~~=~i~~?·.·.-. ::.tt~
North Ferry Rd ......... A-B, 15
Pheasant La. ... . ...... D, 15
Pheasant la ............. J,5-6
Pheasant Rd. . ... F-G, 10
School St. ....... .......... 1,9
Schwenk Ad . . ..... H-I,6
Scott Ad .............. G-H,4-5
. 8,9 Industrial Rd. ... . ..... 8, 7-8 Maidstone Park Rd North Filmore Ad ......... A.9 Pheasant Walk ............. J,8 Scotts Landing Ad ...... F-G,6
~~~~ ~/;r;;i~~o~~t Rd ..... A. 8
.H,9 lnkberrySt.... . ........ 1,14 ............. ..F, 15-16 Phoebe la .............. F-G, 13 Scrimshaw Dr ............ F,7
J, 15 Inlet Rd.............. ..H,2 Main St... . ........... J, 15-16 Pierpoint St..... . ........ J,5 Scuttle Hole Rd. . ... G-f. 7-10
F, 16 Inlet View Dr... . ...... H,2 MeinSt ............... J,13-14 .......................... I.J,5-6 Pinela..... .. C,6 SeaGullla ............... D,15
.. /,4 Irene la. ... . ...... C, 16 Main St... . ........... J, 11 North Gaffney Ct. ... . A-8,9 Pine St ....................... 1,9 Sea Gull Hill Ad ........... E, 10
A,9 Island Rd ............... H, 14-15 Main St ................. F,10-11 North Gate Ad .............. I, 11 Pine St..... . ....... 1, 14 Seacrest Dr....... . ....... H, 1
1-12 Island Creek Ad.. . ........ G,4 Majors Path la ........... H-I,5 North Greenwhich St. Pine St..... . ....... J,5 Seascape La. .. . ........... J,9
=~
F, 14 Island View Dr. . . . . ........ F,9 Majors Path Ad. . .. G-H.5-6 ........................... A-8,9 Pine Way........ . ........ J, 17 Seaside Av...... . ...... C,9
ls/e Of Wright Ad ......... F, 16 Mako La .................... J, 16 North Harbor Dr.. . ...... E, 11 Pine Neck Av.... . ..... E-F,9 Seaview Av .... . ...... C,8
Ivy Pl.. . ..... A.15 Mallard Ct... . .......... G, 14 Pine Tree Rd... ..F,7 Seaweed Ad..... . ...... G,6
Malone St..... . ..... G, 16 ~~::..Sb~:: ··:·:::.~F~l! Pinecrest la ................. F,9 Sebonac Inlet.. . .... G-H,3-4
;'1',
~!~~~f~etRd .. ·····;..~·~,!~ ~?"!~ M~~ie,_~t ........... ~-!-~ ~lnetree Dr... ........ A,9 Sebonac Ad...... . ... H-I,4-5
J· l'4
1 :_m,.· 3Ji2S"' .
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"11111·1•1rrt:tnl
al,!11i11s1 i:-1a11lnr·, :id.~- Ind. or
('Ofll,: ~ini:le ,rw1•1
JULIUS BLUMBERG, INC .. LAW BLANK ~ I H i
/( CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT - THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONL y
/ ~ \ .) \
IJ- THIS INDENTURE, made the day of Jc:rnuary , nineteen hundred and 8 4
BETWEEN
±
~-
KELMSCOTT PROPERTIES, LTD., a New York corporation, having
its principal office at 110 East 59th Street, New York, New
York 10021, :,i ~,~a ,i.,
~f) U'l..J..:;.\~rd\.•·'J
,...---,,R~E=c=r-: fl'FD
~ff $ ..... 9L ....
,~~1
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THE UNITEP S'l'ATES OF AMERJjCA

q70 {Jroad Si- rwrn0aJ-,
- .
REAL EST/\TE
MAY 171984
TRANSFER TAX
·Sl.JifOLK
. f••r N~ w{l(f_ 1v-J· COUNTY
~J. pa1 I) of lhe second 'part,
-~! WITNESSETH, lhal lhe parly nf tlw Jirsl parl, i11 consirleratio11 of Teu Dollars and other valuable consideration
paid hy lhc µarl} of lhe spcond part, does hereLy grant and release unto Ilic party of the secoud µart, the heirs
C) or !-t11TPssors and .i~signs of the purl) of llw secor1d part forever,
<::i' ALL lliat rcr1ai11 plot, piert! or parn·I of laud. wilh the huildi11~s a11d improH·111t·111.-. lhe,con erected. si1ual1•.
l_1i11;, a11d i>ei11;, i11 rlie Town of Southampton, County of Suffolk, State of
....... New York, more particularly bounded and descrlbe<l as follows:
<:'.) ;
nEGINNING at a point on the westerly side of Little Noyac Path,
C) which point of beginning is situate the following two (2) courses
and Jistances along the westerly side of Little Noyac Path from
(.) the point formed by the westerly side of Little Noyac Path and
J:--...~: the northeasterly corner of premises now or formerly of O. Murov
-r· <:)
and J. Morton:
( 1) North 00° 10' 05" West 347.89 feet to a point, and

( 2) Thence North 23° 10' 40" West 131.34 to the point or place
() of beginning:
()
Thence, from the point or place of beginning North 86° 33' 36"
J
~ West 132.68 feet~
~ Thence, South 03 26' 24" West 520.96 feet;
Thence, North 86 0 33' 36" West 290.20 feet;
Thence, North along lands now or formerly of G. Harold
\-Jilliams, 04° 00' 30" East 540.90 feet;
Thence, South 86° 33' 36" East 407.49 feet to the westerly
side of Little Noyac Path;
\ Thence, along the westerly side of Little Noyac Path South 23°
~ 10' 40" East 22.37 feet to the point or place of beginning.
BEING and intended to be a portion of the premises conveyed to

the party of the first part by Deed dated 5/3/78 and recorded
in the Suffolk County Clerk's Office in Liber 8621 P.33, on
5/4/79.
'l'OCETIIEH 11ill1 all right, title aud i111,·n·sl, if any, of the party of the first µart i11 u11d lo any streets and
1uad, uhull ill!( rli,· al,ove described µrl'111ises lu the ccnler li11rs thereof; TOGl'.:TIIEH with the appur1c11ances
and all the estate and rights of the party of tl,e first part in and to s,aid premises; TO HAVE AND TO HOLD
llir premises herein ~ranted unto the part1 of the sPrond parl. the heirs or successors a11d assip;ns of the µarty of
rlw spc·owl part foreve-r.
STATE OF NEW YORK .. r 1h,, first part has_ not d,":•P. or suffered anrth\'/! wherehr j
l County Of Suffolk ss.: \ ' •I. .. hr-.:t
j /, JULIETTE A. KINSELLA, Cle,k o/ the Coooty of S"ffoi, aM Cle,k ol /he S"Pceme Co"rt ol
the Stat, o/ New Yock lo aod foe said Co"°'Y (said Coo,t bolog , Co"" o/ Reco,d) Do
~
~EREBY CE~TtFY that I h,,. compa," tt:, '"°'"' ~
copy ot ,£!_,,, ( .. , ,
~
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f thethat it 1, thereof.
Whole • '"" aod1'"e Copy of '"'h on gloat ,~,._,:_ '°'
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TESTtMONY WHEREOF,
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day of my haod ~ '°' "'""
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~i;;!J5G4 PAGE 367
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STATE OF NEW"TORK, COUNTY OF £~~-(. ss: I STATE OF NEW YORK, COUNTY OF ss:
011 1111• "< day of 19 , Lefore me \ On th~ day of 19 , Lefore me

1w1 .... 1111,dl) e;1111~ pcr~or1ally ca111e
!11 11w kno\\11 In l,c Lhe indiddual described i11 and who to 111c knu1111 lo be the indil'idual described i11 .u1d wlw
('\1•,·111,·d the fon:µ:oing instrument, and acknowlc,lgrrl that r:xr·,·utt-d tlw rorcguing instrument, and acknowledµ-cd that
t·\••1·ulrd 1he same. executed the same.
f )
l ST AH O F ~ ; ' ~ COUNTY OF U ~-,(.
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ss: I STATE OF NEW YORK, COUNTY OF ss:
(111 ,1,.. -Z..(i. dar of January 1984, Ldorc 111c 011 the day of 19 , Lefore me
,,.., ... ,,,,1,,. <''1IIIC . TRACY WONG 1wr..:.u11ally ca111e
lo 11w 1~110\rll. who, I,ei11g by me duJy sworn, did <lcposc and tlie s11l1scril,i11g \\il11rss lo tlic Inrcg:oiu~ i11slrUllll'11I, witl1
-;,1 ''"'t l,c resides at No. 3 East 82nd Street, 11ho111 I 11111 personally acquainted. who, hei11~ hy me duly
Nc1v York, ~w Yori<;. sworn, did ,leposc and say that he resides at Nu.
11,"1 '"' is tl,i, V.l'("... S l ~
11 r I,r" lmscott .
Properties, Ltd.
, the corporatioll dcscrilJ<'d
tl,at he klluws
i11 ;ind wliid, rx('n1lcll the foregoing instrument; that lie lo l,e till· i11dividunl
kno\\" rlic- '-!('al of. said corporation; that the seal aflixcd drf.l'riUctl in a11d who executed the fort'~oi11µ, i11~lrmrn~nt:
ln .:.:1irl in,1runw11t is such corporate seal; that it was ~o llwt he. said sul1scriLi11g ,, ilm·ss, \\·;.1s pn.·s,•11t and saw
,alli,,·,I !,_, ord,·r of Lhc Loar<l of directors of said corµura- exrcute tlie samr; and that hP, said ,vitne~.
Ji""· a11d that he s i g n ' c ~ , ~ k c order. al the s1111c time suhscriLrd It uamc as wit11css thereto. ·
ELVIRA SISTO
NOIARY PUBLIC OF NEW )Er/SEY
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1f.nrgnin nnb .iialc IDerb SECTION
\~ 1111 C11\'ENANT AGAINST GHANTou's Acrs
BLOCK
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KF.J.MSCO'l'T PROPERTIES, LTD.

COUNTY on TOWN l
TO
UNITED STATES OF AMERICA RETURN BY MAIL TO:
Philip R. Sellinger, Esq.

Federal Building
970 Broad Street, 5th Floor
Newark, New Jersey Zip Nu. 07102
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--------MECOXREALTY-------~
l -,
August 3. 1984
CR. 83- /qq (s)
Wo r$• ley
Rut!il
Inspector
National Asset Seizure &
Forfeiture Program
Enclosed is the final appraisal you requested. Sorry it
took so long. The fee for both appraisals is $450.00. I also
feel that both properties will sell within 10% of the value
indicated. I feel that I could market both 6f your. properties
in 6 months or less. If you have any further questions. please
don!t hesitate to call.
Respectfully yours.
wo/~A. ~iJ:::d7!;-
Licensect Real Estate Broker
\.JHS/pn
Enclosure
FILED
AUG 2 9 1984
At ~...£:. Q£.. . . . . .
ALLYN Z. LITE
e'
The Ahium · Main Street, P.O. Box AC, Bridgehampton, N.Y. 11932 (516) 537·3830
~LL INFORMATION FURNISHED REGARDING PROPERTY FOR SALE,RENTALORFINANCING IS FROM SOURCES DEEMED RELIABLE.NO REPRESENTATION IS MADE AS TO THE ACCURACY THEREOF AND
T IS SUBMTITED SUBJECT TO ERRORS, OMISSIONS, CHANGE OF PRICE, RENT AL COMMISSION, OR OTHER CONDITTONS PRIOR TO SALE, LEASE OR FINANCING, OR WITHDRAWAL WITHOUT NOTICE.
APPRAISAL REPORT OF
HOUSE AND 2.547 ACRES
SOUTHAMPTON, NEW YORK
APPRAISED FOR: The United States of America
DATE OF APPRAISAL: July 31, 1984
APPRAISED BY: William H. Stafford III

Mecox Realty
Bridgehampton, New York 11932
TA8LE OF CONTENTS
PART I INTRODUCTION
LETTER OF TRANSMITTAL
STATEMENt OF LIMITING CONDITIONS 2
PART II FACTUAL DATA
PURPOSE AND FUNCTION OF THE APPRAISAL 3
LEGAL DESCRIPTION 3
REPUTED OWNERS 4
HISTORY 4
PROPERTY AND NEIGHBORHOOD DATA 4
PROPERTY ANALYSIS 5
ZONING 6
REQUIREMENTS 6
ASSESSED VALUE 7
ANALYSIS~OF HIGHEST AND BEST USE 7

HOUSE VALUE CONCLUS~ONS 8
COMPARABLE HOUSE SALESJ 9
COMPARABLE SALES ADJUSTMENTS 12

QUALIFICATIONS OF APPRAISER 13
CERTIFICATION 14
PART III EXHIBITS AND ADDENDA

- - - - - - - - M E C O X REALTY------------
July 31, 1984
Ruth Worsl~J
Inspector
National Asset Seizure &
Forfeiture Program
Re: A~praisal for Fair Market Value: House and 2.547 Acres in
the Town of Southampton
In accordance with your request of June 29, 1984, I have
inspected and analyzed the above captioned property, its en~~
virons and all pertinent data for the purpose of appraising
the Fair Market Value estimate of the property for the United
States Government to sell in an open market or to auction off.
The property is appraised in "fee simple", i.e., subject to the
limitations of eminent domain, escheat, police power and tax-
ation.
It was very difficult to find correct comparables for this
house because the subject area is just starting to be built up
and therefore all construction is new and substantially higher
than the value of this property.
In my opinion, the above captioned property has an estimated
fair market value as of July 31, 1984 of $2l0,000.
Respectfully yours, /,(
1 JuL ~- sf"fi avv:Vi ~

Licensed Re~l Estate Broker
Page ·1
The Atrium - Main Street, P.O. Box AC, Bridgehampton, N.Y. 11932 (516) 537-3830
ALL INFORMATION FURNISHED REGARDING PROPERTY FOR SALE.RENTAL OR FINANCING IS FROM SOURCES DEEMED RELIABLE.NO REPRESENTATION IS MADE AS TO THE ACCURACY THEREOF AND
IT IS SUBMITTED SUBJECT TO ERRORS, OMISSIONS, CHANGE OF PRICE, RENTAL COMMISSION, OR OTHER CONDffiONS PRIOR TO SALE, LEASE OR FINANCING, OR WITI-IDRAWAL WITHOUT NOTICE.
STATEMENT OF LIMITING CONDITIONS AND ASSUMPTIONS
The Appraiser assumes:

1. The legal description furnished and a survey dated
May 24, 1979, prepar~~~ by Squires, Holden, Wei~enbacher
and Smith, Engineers and Surveyors, Southampton, New
York, are correct.
2. That the title to the property is marketable.
3. That the property is free and clear of all liens.
~- That there are no encumbrances or defects of title.
5. That the property will be responsibly owned, efficiently
managed, and properly maintained.
This Report is submitted with the following Limiting Conditions:

1. No responsibility is assumed for matters of a legal nature
2. No responsibility is assumed for information furnished by
others and believed to be reliable.
3. No engineering survey of.the property was made. All
sketches and surveys are assumed to be correct but no
guarantee is made as to their accuracy. They are pro-
vided for the purpose of visualizing the property.
4. That no testimony or attendance in a court or before a
commission will be given unless previous arrangements have
been made.
5. That any disclosure of the contents of this appraisal
report is governed by the ethics of Real ~state Appraisers
That neither all nor any part of the contents of this
report (especially any conclusions as to value) shall be
given to the public through advertising media, public
relations media, news media, sales media, or any other
public means of communications without the prior written
consent and approval of the appraiser.
Page 2
PURPOSE AND FUNCTION OF THE APPRAISAL:
To estimate the Fair Market Value of the property--Fair
Market Value is defined as 11
The highest price estimated in terms
of money which the property will bring if exposed for sale in
the open market by a seller who is willing but not obligated to
sell, aJJ.owLh~g a reaso0able time to find a buyer who is wi 11 ing
but not obligated to buy, both parties having full knowledge of
all the uses to which it is adapted and for which it is capable of
being used 11 • The property is appraised in Fee Simple which is
defined as "an· absolute fee; a fee without limitations to any
particular class of heirs or restrictions, but subject to the
limitations of eminent domain, escheat, police power and taxation,
an inheritable estate 11 •
LEGAL DESCRIPTION
The following legal description was provided for toe subject
property.
BEGINNING at the southwesterly corner of the premises about
to be described, where t0e same is intersected by the northerly
side of lands now or formerly of Heirs of A.M. Cook; running thence
from said point or place of beginning~ along the easterly side of
land now or formerly of William S. Haines, North (:)3°26 1 24 11 East
783.89 feet to the southwesterly side of Little Noyack Path; thence
in a general southerly direction along the southwesterly and wester!
sides of Little Noyack Path, the following three courses and dis~.
tances: (1) South 12!?:21 1 10" East 29.28 feet; (2) South 23°10 1 40 11
East 342.71 feet; (3) South 00°10'05" East 347.89 feet to land now
or formerly of Heirs of A.M. Cook; thence South 64°19 1 40 11 West
along the last mentioned land 209.92 feet to the point or place of
beginning.
Page 3
LEGAL DESCRIPTION (CONT'D)
BEING the same premises conveyed to C. Theodore Wolf by a
certain deed dated 11/6/78, recorded 11/14/78, in Liber 8532,
cp 353; then seized by the United States Government May 17, 1984,
Liber 9564, Page 368.
REPUTED OWNERS
United States Department of Justice National Asset Seizure
and Forfeiture Program.
HISTORY
Subject improved property was seized and a quitclaim deed was
issued on May 17, 1984. Liber 9564, Page 368.
PROPERTY AND NEIGHBORHOOD DATA

The subject site is located on the westerly side of Little
Noyac Path. The property is within 2½ miles of the Village of
Watermill and 3 miles to the Village of Bridgehampton. The subject
property has a convenience of location and a favorable exposure.
Favorable exposure is defined as havigg aesthetic satisfaction
and prestige. There are three 18 hole and one 9 hole golf courses
within a 5 mile radius. Public transportation is available through
the Long Island Rail Road and the Hampton Jitney. The nearest
airport is approximately 8 miles away located in the Town of East
Hampton.
The population of Southampton in the last census taken in 198(
was 45,000 year round residents. In the summer months,:population
triples. There are modern theaters and ma9y culture centers avail-
able to the residents in Southampton Town. The health needs of the
area are served by Southampton Hospital, a modern 250 bed hospital,
approximately 155 physicians are located in the Town, with all
specialties represented.
Paae 4
PROPERTY ANALYSIS
The subject site consists of 2.547 acres plus improvements
(house) on site. Improved property is fully described as to
boundaries in the Legal Description section of this Report.
The subject site raises rapidly from road grades. The topo-
graphy of the entire area is hilly, and is entirely treed and
shrubbed with the exception of a winding driveway_leading to a
2 story wood frame house. The total square feet of land is 101,880
square feet. The elevation Of the property is high eneugh~to have
distant water views of Mecox Bay and the Atlantic Ocean from the
second floor of the house. The house is a 2½ story wood frame
built approximately 10 years ago. It is an A-frame house structure
consisting of large living room/dining room, kitchen, 4 bedroom,
and 3 full baths. The kitchen has all the normal appliances
(Dishwasher, electric stove_and~rafrigerator, there is a washer
and dryer in the basement/garage.) The basement is a block found~:
ation with a 1½ car garage as part of it. One of the bedrooms and
baths with a shower is also in the gasement. Electrical service
is a 200 amp service and looks to be in good condition. Ihe
heating system is a 2 zone Utica bil hot water heater_with a 550
gallon oil tank buried outside. In every room in the house, there
is sufficieht clos~t and storage space. The roof is asbestos
shingles and looks to be in fair condition. Estimate life of the
roof is 2 to 3 years, depending on weather conditions. There is
a 20 x 40 heated inground vjnyl pool. The pool looks to be in
good shape. There is approximately 1,200 square feet of decking
around the pool. There is also a front deck with the only access
through the house. It is approximately 300 square feet. Deck
materials are 2 x 4 cedar planks. Overall conditions of the house
is fair. It needs to be totally painted_inside. All damages to
Page 5
PROPERTY ANALYSIS (CONT'D)
the walls have to be repaired. All plumbing and wiring has
to be put in good working condition. The roof will have to be
replaced in 2-3 years. All decks to be stained and the rotten
boards to be replaced. The pool filter will have to be replaced.
There also looks to be 3 windows in the house that needs to be
fixed. In my opinion, $15,000 should cover repairs for the whole
house, except if there is plumbigg, wiring and~structural damage.
Landscaping is adequate since subject property is treed. The
driveway needs to be done, but that money would be included in
approximate quote given.
No mineral deposits having commercial value are known to exist
at the site or in the general area. There are no known deed
restrictions on record which would affect the subject property.
ZONING
The subject property is zoned CR200 by the Town of Southampton
CR200 Zone is being used for single family residential use with a
minimum lot size of 200,000 square feet. This property is pre-
existing so present zoning does not effect salability of the
property. The property is in the water catcbrnent area.
REQUIREMENTS
CR200 (200,000 square feet)
Lot width: 200 feet
Lot coverage: 5%
Maximum lot coverage by main and accessory buildings.
Height, Maximum
Stories 2½
Feet 35
Page 6
REQURIEMENTS (CONT 1 D)
Yards, Principal Building
Minimum (feet) 100 feet
Side yard (minimum for 1) 50 feet
Side, total for both on interior lots 125 feet
Street on corner lot 100 feet
Rear yard· 100 feet
ASSESSED VALUE
The subject property is designated as 1ax Map:
District 900
Section 47
Block 1·
Lot Parts of 23, 43.2~ 43.3

The property is assessed on the 1983-84 Tax Roles as:
Land $1,200
Improvements ~.350
Total 7,550
Equalization rate for Southampton Town p.61%
ANALYSIS OF HIGHEST AND BEST USE

Highest and best use is defined as that which at the time of
appraisal is most likely to produce the greatest net return over a
given period of time. It is usually the fullest use of the land
permitted by zoning ordinances or private restrictions. An impor-
tant aspect in estimating a property•s highest and best use is
determining the supply and demand for the site 1 s use within the
foreseeable future.
In my opinion, the highest and best use of the subject
property at this time is for a single family dwelling.
Page 7
HOUSE VALUE CONCLUSIONS
The subject property contains an improved single family._
dwelling on a 2.547 acre parcel. An extensive search was made
for similiar single family dwelling with a 2 mile radias of
su9ject property. The 8ppraiser has compared the subject
property with the sales available in the Town of Southampton.
Having few house sales available in this specific area, comparable
sales were adjusted.
Page 8
COMPARABLE HOUSE SALES
The following sales are submitted as comparable values for
the purpose of this apprais~l.
Sale number 1
Location: Noyac SIS Noyac Road
Liber: 9544, Page 558
Date: 2-29-84

Section 48
Block
Lot 42
Consideration: $4.00,000
Grantctlr: Walter Todbrowski
Grantee: J. Thompson
Zoning: CR-120
Land area: 1.9 acres
Page 9
COMPARABLE 1.J.OU$E SALES (CONT I D)
Sale Number 2
Location: Noyac SIS Noyac Road
Date: 2-27-84
Section 12
Block
Lot 28.4
Grantor: DAJS Realty Corp.
Grantee: Gerald Konecky
Zoning: CR200
Land area: 1.6 acres
Page 10
COMPARABLE HOUSE SALES (CON1'D)
Sale Number 3
Location: Seven Ponds Towd Road, La Zenobia
Date: 5-9-84

Section 100
Block 3
Lot 14.5
Grantor: Richard McCabe
Grantee: Lenor Trust
Zoning: 2 acre
Land area; 1.4 acres
Page 11
COMPARABLE SALES ADJUSTMENTS
ADJUSTMENTS-PLUS OR MINUS
Adjusted
Sale# Date Size Price Size Location Time Price
1' 2-29-84 1.9 acres 200.000 -4 +6 +3 $215,000

2 2-27-84 1. 6 acres 220.000 -10 +6 +2 $216,000
3 5-9-84 1.4 acres 275.000 -25 +4 +5 $275.000
Adjustments were made on each property in order to compare each sale

with the subject property. The adjustments were independently arrived
at after consulting with local real estate brokers and fellow appraisers.
Adjustments were made for time on all sales. An adjustment for location was
made after inspection of the comparable property and on analysis of it environs.
Page 12
QUALIFICATIONS OF
I reside at no# Stony Hill Road, Sag Harbor, Town of

I
Southampton, County of Suffolk, State of New York, being a life-

long resident of the Town of Southampton and a duly licensed Real
Estate Broker of the State of New York. I have been engaged in
real estate and appraisal work for more than eight years.
My sales and appraisal experience has been in the field of
residential, commercial, farmland and industrial sales. I have
personally negotiated sales of numerous parcels of real estate
throughout the County of Suffolk, especially in the Town of
Southampton and the area of the subject property.
Page 13
CERTIFICATION
I do hereby Certify:
That the estimated values are true and correct to the
best of my knowledge and belief: that I have no
undisclosed interest, present or contemplated, in the
subject property or in any of the principals involved;
that my_ employment and/or compensation is in no way
contingent upon the values stated; that I have person-
ally inspected the property; that no important facts
have been intentially withheld or overlooked; and
that this appraisal conforms to the standards of prac-
tice and the code of ethics recognized by the appraisal
profession.
The following estimate as of July 31, 1984 is:
Fair Market Value Estimate: $230,000
Sworn to me this 1984.

I W_ }{)))\' ~
Ct-1'1;-- ~I)}
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UNITED STATES COURT OF APPEALS FOR THE THIRD k5ri1:dl,~f. i \/ ::_· Q

AP:'7 81985
No. 84-5121
United StatP of America
vs.
Daniel Pa'":ick Giaquinto, Jr., Appellant
(Appeal from of NJ-CAMDEN
( D. C. :X:P «f<l/CtiJil i nal

To: Clerk r~ District Ce>ur t
INFORMATI0~ SHEET ON POST DECISION MATTERS
- x
An Order was filed on
f i 1 in g a P~t it ion for -r-e~h_e_a_r_1.-.n-g--c-t-◊--

extending the time for
----------
__ _____
Appellant
:;,;.;;_
was f i 1 ed ' April 7, 198ui6!-----
An order wa1filed on denyinq/ the oeti ti011 fo-r

rehearing. \ ---------
t,,
An order was\f iled on staying the issuance of the
mandate to \ pending the filing of a petition for
writ of cer-~tT~-r_a_r~i.--i~n-t~h~e-~S-upreme Court of the Unite~ States.
A petition for writ of certiorari was file~ on - - - - - -

in the Supreme Court at s.c. No.
--------
on
Sally Mrvos, Clerk

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1'1AP o/ PROPERr:r
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SQUIRES, HDLCEN rt WEt.:SENBACHER

P 694-t!uitclaim d<'l.'d: Ind. or. __ p,
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;L.RI -Juuus BLUMBERG, INC., LAW BLANK PUflllSHtn~
'''~ S1J111lll!I
llixed LIBtR9564 PAGE3GS ')')l';>fl
Wl1ta luhruturr made January 19 84

t,J'-1, ,..,..._,
ibtw.e.eu TRACY WONG, residing at 3 East 82nd Street, New York,

New Yorlt,
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REAL FSTATt'.
THE UNITEO,,STATES 0~ AMERICA MAY l 7_ 1984
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1'/u [fca. .d ..S-t-· TRANSFER TAX
SUFFOLK
Pu.:ni 5 cg__ .
f(},?,,oJ cc( £1 NJ· COUNTY
party of the second part, \
3lmitu.es.s.et~ that the party of the first part, in consideration of (.
One Dollars ($ l. 00 )
Lawful money of the United States, and other valuable consideration
paid by the party of the second part, does hereby remisc, release and quitclaim unto the party of the
second part, the heirs or successors and assigns of the party of the second part forever, all
that certain plot, piece or parcel of land, with the buildings ·:.
and improvements thereon erected, situate, lying and being in ~
the Town of Southampton, County of Suffolk and State of New York,
and more particularly bounded and described as follows:
BEGINNING at the southwesterly corner of the premises about to
be described, where the same is intersected by the northerly side
of lands now or formerly of Heirs of A.M. Cook; running thence
from said point or place of beginning, along the easterly side
of land now or formerly of William S. Haines, North 03 degrees
26 minutes 24 seconds East 783.89 feet to the southwesterly side
of little Noyack Path; thence in a general southerly direction
along the southwesterly and westerly sides of Little Noyack Path,
_the following three courses and distances: (ll South 12 degrees
21 minutes 10 seconds East 29.28 feet; (2) South 23 degrees 10
minutes 40 seconds East 342.71 feet; (3) South 00 degrees 10 minutes
05 seconds East 347.89 feet to land now or formerly of Heirs of
A.M. Cook; thence South 64 degrees 19 minutes 40 seconds West
?.long the last mentioned land 209.92 feet to the point or place
of beginning.
BEING the same premises conveyed to C. THEODORE WOLF by a certain l

deed dated 11/6/78, recorded 11/14/78, in Liber 8532,cp353.
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UBER 9564 i'AGt 370
MAY Ii 2 31 fil 'B~

JIJ;' :-ELLA
STATE OF NEW YORK

ss.:
County of Suffolk
I
I, JULIETTE A. KINSELLA, Clerk of the County of Suffolk and Cl~rk of the Supreme Court of
the State of New York in and for said County (said Court bein~ Court of Record) DO
ljfREBY CfiRTIFY that I have compared the anne~ed c ~ J:::J.. p y
of. o - ✓ V n 3 <, ,,p
f ' l ~ c c-n ~ I } 1 I ? /' Y ,.f oJ • l / t · l'Y) 1.--r, 0
t J "' r,
nd
and that it is a just and true copy of such original · a
f the whole thereof.
'N TESTIMONY WHEREOF, I have hereunto se.t my hand and affixed th~~al of said
"''.'.~•co,~'.";:.... ~.7 ...... •~,.~•. . jZ4. tZ..~,;;;

12-109: 1/84
Tlui woi-a''party" shall be construed as if it read "parties" whenever the sense of this indenture
so requires.
.I
Jltt Bitttt.8.6 ilf4trtnf, the party of the first part has duly executed this deed the day and year
first above written.
~~·····································B
.................................................................................f~
.____.
£LVIEV\ SISTO ..---.
1L.B. }
NUTARY _PUBLIC OF NEW JERSEY
My Comm1ss1on Expires Dec. 6, 1985 - ·~·
.--.
STATE OF NEW~. COUNTY OF
::Te.r--s t! 1
£ .S.S t!! ')t ss.:
·~·
·················· .. ······ ................................... { L. S. }
On ~I\V"-t 1 ..J. ,, 19'1/, before me per•

sonolly cnrne fro. C Y lJ o r, 7 to me known,
STATE OF NEW YOHK, COUNTY OF ss.:
who, being by me duly sworn_Ldid depo~r and say that deponent On January 198 4 , before me per•
resides at No. ~ ~o-"l.-, ◄ ..31:"'" ,{\ sonally came
deponent is . fl -"UI~ of l(ti\ollU<ti (-/. 1·f'f MILL
the corporation de!crihed in a11J-;.,i1i~1i TRACY WONG
cx,·cutcd, the foregoing instrument; deponent knows the seal of
saiJ corporal ion; that the seal affixed. to said instrument is such
µ
corpora le seal; that it was so affixed by order of the Board of
DiH"clors of said corporafon; deponent signed dcponent's name
thereto hy like order. ~
lo me known to be the individual described in, and who exe-
cuted the foregoing instrument. and acknowledgedlhat he
executed the same.
,-~
iELVIR.4; SISTO
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NOTARY PUBLIC OF NEW JERSEY
My Commission Expires Dec. G, 1935
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4' I. •. FOR THE DISTRICT OF NEW JERSEY

Criminal No. 83-199
-vs-
TRACEY WONG,
Defendant.
- - - - - - - - - -
f:ILEO
AUG 2719851 Newark, New Jersey
:At ~0::lA,....~.-M June 18, 1985
:ALL)'.f\I Z., . .LIIE.I /.
BEFORE:
Appearances:

BY: BRUCE REPETTO,
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Assistant United States Attorney, uW ,'I
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MORTONS~ ROBSON, ESQ., > 0:
For the Defendant. ~

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STANLEY B. RIZMAN, G. S. R.
P. 0. Box 397 (201) 643-5720

NEWARK. N. J. 07101 120 I l 645-2260
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,:'\ FOR THE DISTRICT OF NEW JERSEY
Fn. ·; ! ' .'I ·:"; P' · ~ nJ
UNITED ~T~TES OF AMERICA
Criminal No. 83-199
DOUGLAS GRANT, TRANSCRIPT OF PROCEEDINGS
Defendant. RETRACTION
- - - - - - - - - - - - - -
Newark, New Jersey

November 28, 1983
BEFORE:
THE HONORABLE HERBERT J. STERN, U.S.D.J. I
Appearances:

For the Government.
NORMAN REIMER, ESQ. (NY)
For the Defendant.
FEB 8 1984
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P.O. Box 397 (201 ) 643-5720

NEWARK, N. J. 07101 (201 ) 645-2260
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.J.. 0. What did you do in your own words that leads
2 you to believe you are guilty of this?
3 Pell, sir, when I was a resident on 69th
4, Street, I countenanced and permitted thern to use the
5 premises for conspiring -- in oraer to conspire. I was
6 anxious for it to arrive so I could take as much as
7 possible.
And at one point one of the people, Mr. --
9 whatis his name? I knew him as Stellan -- I think his name
10 is Ferneborg -- brought over a pound of cocaine which I had
J_]_ in the house. I didnjt really sell it all. But I had it
there with ray knowledge that it was illegal. And I
J.3 shouldn't have done it.
J.-1: You kne\·1 it vms to be used to be sold?
15 ni\ Yes.
Q One final question I 1 m required by law to ask

1 -, you. Has anybody told you here what questions I would ask
-· I
J.8 you and instructed you to lie to me when I asked you these
19 questions?
20 A Oh no, sir. No, your Honor.
21 MR. REIMER: Your Honor, may I interJect
something? I want to inquire of the Court whether the Court
ought not to establish the tactual predicate for the
conspiracy to distribute marijuana as well, because the
nature ot the plea agreement which limits under this one
STAPLEY B. RIZ1'1AN, CSRr OPFICilH, COlJR~e PEPORTERr PEWARKr N.,}.

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UNITED STATES OF AMERICA Criminal NO. 83-199

-vs-
TRACY WONG,
Defendant.
- - - - - - - - - - - - -
Newark, New Jersey

October 20, 1983
BEFORE:
A p p. e a r a n c e s :
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W. HUNT DUMONT, United States Attorney, uj (.)
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'BY: PHILIP R. SELLINGER, oa:w
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For the Government.

For the Defendant.
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$50,000~
TEE COURT: Prem who?
10 MR. BREITBART: From -- Ure McCormick hss

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STANLR~ E. PIZNAN, CSR, OFFICIAL COORT PEPORTEn, NEUARf,

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STANLRY B~ RIZMA~, CSR, OFFICIAL COURT REPORTER, NR~ARK, N.J.

CR 12 (Rev. 6/82) WARRANT FOR ARREST
DISTRICT C
~nih~b ;~tat.es J@isirid Qiouri

_.. __ ,. NEW JERSEY
,,

DOCKET NO. !
MAGISTRATE CASE NO.
V. 83-199
TRACY WONG et.al. OLAYINK.A SDNAYON FISCHER

□ Order of Court
Qil Indictment D Information D Complaint
DISTRICT OF ARREST
TO:
Any authorized officer
CITY
before the United States District Court to answer to the charge(s) listed below.
Importation and distribution of controlled substances.
FILE COPY
!
IUNITED STATES CODE TITLE ISECTION

IN VIOLATION OF 21 §841,846,848,952
ORDERED BY SIGNATURE (FEDERAL JUDGE/U.S. MAGISTRATE} DATE ORDERED
RETURN
DATE RECEIVED NAME ANO TITLE OF ARRESTING OFFICER SIGNATURE OF ARRESTING OFFICER
DATE EXECUTED
CR 12 (Rev. 6/82)
,.
. WARRANT FOR ARREST
',• l
DISTRICT
~'.i. ,teo d~tni£s J@istrid <!Inurt NEW JERSEY
I

D9CKET NO. !
MAGISTRATE CASE NO.
V. 83-199
TRACY WONG et.al. STEIN LUNDEGAR

□ Order of Court
~ Indictment □ Information □ Complaint

DISTRICT OF ARREST
TO:
CITY
FILE COPY
l
UNITED STATES CODE TITLE
21
I
SECTION
IN VIOLATION OF §841,846,848,952
JAIL OTHER CONDITIONS OF RELEASE
JRDERED BY SIGNATURE (FEDERAL JUDGE/U.S. MAGISTRATE) DATE ORDERED
:LERK OF COURT (BY) DEPUTY CLERK DATE ISSUED
. RETURN
•ATE RECEIVED NAME AND TITLE OF ARRESTING OFFICER SIGNATURE OF ARRESTING OFFICER
ATE EXECUTED
I
CR 12 (Rev. 6/82) · WARR.~NT FOR ARREST
.
DISTRICT
-.-!o-•--------
Jt:lni,i£o ~ht±es J§ isirid <!Iourt NEW JERSEY
DOCKET NO. I
MAGISTRATE CASE NO.
V. 83-199
TRACY WONG et. al. DOUGLAS GR.J\.NT

D Order of Court
~ Indictment D Information D Complaint
DISTRICT OF ARREST
TO:
CITY
FILE COPY
!
IN VIOLATION OF
IUNITED STATES CODE TITLE
21
I§841,846,848,952
SECTION
'
RETURN
,_
DATE RECEIVED NAME ANO TITLE OF ARRESTING OFFICER SIGNATURE OF ARRESTING OFFICER
DA TE EXECUTED
CR 12 (Rev. 6/82) · WARRANT FOR ARREST
...
' , DISTRICT
~nt±en 'Js,tates J§istrid Qiourt NEW JERSEY
DOCKET NO. I
MAGISTRATE CASE NO,
V. 83-199
NAME ANO ADDRESS OF INDIVIDUAL TO BE ARRESTED
TRACY WONG et. al. STANLEY ROGOW

□ Order of Court
DISTRICT OF ARREST
TO:
CITY
FILE COPY
IN VIOLATION OF
I
UNITED STATES CODE TITLE
21
I§841,846,848,952
SECTION
lAIL OTHER CONDITIONS OF RELEASE
)RDERED BY SIGNATURE (FEDERAL JUDGE/U.S. MAGISTRATE) DATE ORDERED
RETURN
IATE RECEIVED NAME AND TITLE OF ARRESTING OFFICER SIGNATURE OF ARRESTING OFFICER
,ATE EXECUTED
.-' ! DISTRICT r
~nit.co J§tn:t.es JE)istrid Qlourt NEW JERSEY
DOCKET NO. I
MAGISTRATE CASE NO.
V. 83-199
TRACY WONG et. al. KEITH MATTES

0 Order of Court
~ Indictment 0 Information 0 Complaint
DISTRICT OF ARREST
TO:
CITY
FILE COPY
I
UNITED STATES CODE TITLE !SECTION
IN VIOLATION OF 21 §841,846,848,952
3AI L OTHER CONDITIONS OF RELEASE
RETURN
)ATE RECEIVED NAME AND TITLE OF ARRESTING OFFICER SIGNATURE OF ARRESTING OFFICER
>ATE EXECUTED
CR 12 (Rev. 6/82) . WARRANT FOR ARREST
DISTRICT (
Jli~i±dt !~±ates J§istrid <1Iourt NEW JERSEY

DOCKET NO. IMAGISTRATE CASE NO.
V. 83-199
TRACY WONG et.al. JERRY SCHWARTZ

□ Order of Court
~ Indictment □ Information D Complaint
DISTRICT OF ARREST
TO:
CITY
FILE COPY
I
UNITED STATES CODE TITLE !SECTION
IN VIOLATION OF 21 §841,846,848,952
::LERK OF COURT (BY) DEPUTY CLERK DATE ISSUED
RETURN
)ATE RECEIVED NAME AND TITLE OF ARRESTING OFFICER SIGNATURE OF ARRESTING OFFICER
)ATE EXECUTED
DISTRICT I
Jlfrci±eb, ~hd£S JEl istrid Oloud NEW JERSEY
V. 83-199
TRACY WONG et. al. GLENN ZP.1.MEill-t.AN

D Order of Court
DISTRICT OF ARREST
TO:
CITY
. - - .. FILE COPY
IUNITED STATES CODE TITLE !SECTION
IN VIOLATION OF 21 §841,846,848,952
RETURN
DATE RECEIVED NAME AND TITLE OF ARRESTING OFFICER SIGNATURE OF ARRESTING OFFICER
DATE EXECUTED
CR 12 (Rev. 6i82) WARRANT FOR ARREST
DISTRICT ;
J1lnii£.o' ~±ates JB istrid <1Iourt NEW JERSEY

'

DOCKET NO. I MAGISTRATE CASE NO.
V. 83-199
TRACY WONG et. al.

JAY SICRE
I

0 Order of Court
~ Indictment 0 Information □ Complaint
DISTRICT OF ARREST
TO:
CITY
FILE COPY
I
UNITED STATES CODE TITLE I
SECTION
IN VIOLATION OF 21 §841,846,848,952
RETURN
DATE EXECUTED
CR 12 (Rev. 6i82) WARRANT FOR ARREST
DISTRICT
~fniteb' ~±ates Jf}istrid Qlaurt '
NEW JERSEY
V. 83-199
NAME ANO ADDRESS OF INDIVIDUAL TO BE ARRESTED
TRACY WONG et.al. JEFFREY DEVORS

D Order of Court
cg Indictment D Information D Complaint
DISTRICT OF ARREST
TO:
CITY
FILE COPY
IUNITED STATES CODE TITLE I SECTION
IN VIOLATION OF 21 §841,846,848,952
ORDERED BY SIGNATURE (FEDERAL JUOGE/U.S. MAGISTRATE) DATE ORDERED
RETURN
DA TE RECEI VEO NAME ANO TITLE OF ARRESTING OFFICER SIGNATURE OF ARRESTING OFFICER
DATE EXECUTED
NntP· ThP ~,rre,;t,no of fie.Pr i,; riirer:terl tn ._e,..vP. the -'\tt.:ichPd ,-nnv nf the charrie on the defendant ct the time this warrant is executed.
DISTRICT ; I
~ni±e.o' ~±ates JE}is±rid QI.our± NEW JERSEY

DOCKET NO. I MAGISTRATE CASE NO.
v. 83-199
TRACY WONG et.al. STEVEN KAUFtJ!__AN

D Order of Court
~ Indictment □ Information D Complaint
DISTRICT OF ARREST
TO:
CITY
'
FILE COPl
I
UNITED STATES CODE TITLE \SECTION
IN VIOLATION OF 21 §841,846,848,952
RETURN
DATE EXECUTED
DISTRICT I
Janit.eo ~tat.es J§l istri.d Oiourt NEW JERSEY

DOCKET NO. I
MAGISTRATE CASE NO.
v. 83-199
TRACY WONG et.al.

TRACY WONG

D Order of Court
DISTRICT OF ARREST
TO:
CITY
FILE COPY
I
UNITED STATES CODE TITLE I
SECTION
IN VIOLATION OF 21 §841,846,848,952
lAIL OTHER CONDITIONS OF RELEASE
>RDERED BY SIGNATURE (FEDERAL JUDGE/U.S. MAGISTRATE) DATE ORDERED
RETURN
>ATE RECEIVED NAME AND TITLE OF ARRESTING OFFICER SIGNATURE OF ARRESTING OFFICER
ATE EXECUTED
TRACY lvONG
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x] ?el.on~ Check, if juvenile
Check, if HIGH RIS~
. _; s a Sum.me 11s issued? ] Yes (X ] No; Date:
:=ense charged: Importation and distribution of controlled substanc.

I •
. S.C. Citation: 21 U.S.C. §841,846,848,952 and 18 U.S.C. §2
.. :e=e ~as offense committed?

----------------------------
:.::s a complaint p:reviously been filed? (x] No ] Yes· Mag. " ---------
( ] WAS NOT set by Mag/Judge
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Personal Recog. ( ] Surety Bond
( Unsecured Bond ( ] Collateral
[ ___ % Deposit [ ] Third Party C:..:.s-c.ody
:?=N □ ANT IS NOT IN CUSTODY and:

xi has noc been arrested, pending the outcome of this proceeding.
is a FUGITIVE.
is on ba.il or release from (show District)
-----------------
;~?~NDANT IS IN CUSTODY at (show institution)
) on this charge ------------------
] o~ another conviction
a\,,;ai ting trial on other ] F'E:DER.ci,.L l S 'T' 71 'i''t:" c:iarges
_ ..- \ ... .i....
W=it cf H~~eas Corpus appended

3ench Warrant requested as detainer
~ what date did continuous custody begin on this charge?

= arrescins ager.cy & warrant were not Federal, what date-w-·a_s_c~--e~:~e-~-.c~---~-~-~---
~=ansferred to U.S. custody?
-----------------
~~s te:endant/9.:-oceeding (to be) transferred 9ursuant to
.?.Cr.?. 20, 21, 40 from/to which District?
::: i .:- cl e one) -------------------
~~is a ?rosec~tion M.A.G/C?. NO. M..:1 .G/ JUDGE \/~-
- =...::, ~-~ ;::
_, of a charge previously
( ] U. S . ( ] De fens e l X
2) after a mistrial? l X
?) after appellate action? [ l X
~; which supersedes a previous 83-199 Stern ( X l
prosecution?
'
excludable pursuant to 18 u.s.c. § 3161(h)? [ ] Yes [x) No
DATES STATUTORY
(from) (to) REASONS FOF EXCLUSION AUTHORITY
Estimated time for trial 2 weeks

Defense Counsel's Name: Tel No.
Address:
--------------------------------
Comments: Please do not notice defendant pending arrest of defendant.
CRIMINAL COVER SHEET

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OLAYINKA.SDNAYON FISCHER SEC J ,WG,-PP,...,...__.....6""~ 5 2 39 5
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(Jefendanc's Add:-ess)
Check, i : juvenile
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iss:..1ec? Yes ( X l No; Date:
~ense charged: Importation and distribution of controlled substanc.
.c Citation: 21 U.S.C. §841,846,848,952 and 18 u.s.c. §2
==e ~as o::ense cocmitteC?

------------------------------------
5 a c::r.1plaint p:-eviously been filed? (x] No '!es
r,~ ,.=..s ( WAS NOT set by Mag/Judge on l9
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?er s ona l Kec::;g. Surety 3o::c.

Gnsecured 3onc
_ _ % Deposi,~
CCSTODY and:
?enci~;.g tl:e at.: tcorr.e
~~~DANT rs IN CUSTODY at (shew institution)

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:, . 40
iJ . s. Ge f e::se X
X
X
_ ?rev~cus 83-199 Stern X
excludable pursuant to 18 U.S.C. § 316l(h)? [ ] Yes [ x ] No
DATES STATUTORY
( from) (to) REASONS FOR EXCLUSION AUTHORITY

------------------Tel No.
Address:
--------------------------------
Commen ts: Please do not notice defendant pending arrest of defendant.

STEVEN KAUFMAN SEIJ,JNGER 645-2395
(Defendant's Address)
X Check, if juvenile
Check, if HIGE RIS~
,s a Ss.1li'1Dons issued? Yes ( X J No; Date:

0
=ense charged: Importation and distribution of controlled substanc .
..
. S.C. Citation: 21 U.S.C. §841,846,848,952 and 18 U.S.C. §2
~as offense committed?

:2=2
-------------------------------
ccmplaint previously been filed? (X] No Yes Mag. ..
---------
WAS [ WAS NOT set by Mag/Judge ______ on _________ l9
: ~~e a~ount of~ , in the natu=e of:
--------------
?er son al Recog. Surety Sond
Unsecured Bond Collateral
___ % Deposit Third ?ar~y C~s~cdy
:?=~JANT rs NOT I~ CUSTODY and:

xi jas ~o~ been ar=ested, ?ending the outcome cf this proceedin;.
:s a :::"DGITIVE.
is on ba.il or release. from (s.how District)
-------------------
.?~~DANT IS IN CUSTODY at (show institution)
1
J
,..,n
-
-'.-,; - '-••--"'j
,_.1,,._.::,
.i,
-;.,·,::,.,..-e --------------------
c~ another conviction
awaiting trial on other
~=i~ cf s~~eas Cor?US appended
~hat date did con~inuous custody begin on this char;e?

-----,----,:---:------
arr es~ in g agency & warrant were not Federal, what date was~=~~-~=--
-:.:- ar: s :f e .:-red :.o C . S . c-us toc.y?
-------------------
...
(to be) ._,__
_,
~~is a ?rosec~tio~
, of a charge previously
U.S. Defense X
after a mis~rial? X
after appellate action? X
whicj supersedes_ 9rev1ous 83-199 stern X
'.;)rosec 1...:.-;:ion?
excludable pursuant to 18 U.S.C. § 316l(h)? [ ] Yes [x] No
DATES STATUTORY
(from) (to) REASONS FO~ EXCLUSION AUTHORITY

----,------------------Tel No.
Address:
--------------------------------

JEFFREY .DEVORS
- ...--
_,).~.:J!;.,
SEIJ,INGER 645 2395
(.:.. ws;:.. ' - :e 2. ~;~.
?et':.)'
j :-ti Z1C:-
X C~eck, if juvenile
Check, iz HIGH ~IS~
.s a Surrtrr,ons isst1ed? Yes (x] No; Date:
·:ense charged: Importation and distribution of controlled substanc .

..
S.C. Citation; 21 U.S.C. §841,846,848,952 and 18 u.s.c. §2
.2~e ~as offense coDmitted?

-------------------------------
,s a ccr::plaint previously been filed? (x] No ] Yes Mag.
( r·"" - WAS NOT set by Mag/Judge on

; ~he asount of S
,v.-.:::,
------
, in the ~--------- 19
nature of:
[ ---,-------------
?ersonal Recog. Surety Sand
[ Unsecured Bond Collateral
[ ___ % Deposit Third ?arty c~stcdy
:?:~DAN~ IS NOT I~ CUSTODY and:

xi ~as no~ been arrested, ?ending the outcome cf this
:.s a :UGITIVE.
-------------------
:?~~DANT IS IN CUSTODY at (show institution)
,....,n •'ni - c;..,·;:,r-e
_ _. o._J,_.::, ,..., _ _ ~
--------------------
2~ another conviction
, ~~~~ cf g~~eas Cor?us appended
J 3ench Warrant requested as detainer
~hat date did con~inuous custody begin on this charge?

------:---,::---::------
a== es-::. in g ase~cy & warrant were not Federal, what da':e was~=.::=-..:=--
~=a~sterred ~o C. S. custody?
-------------------
' -- -..::::i.::=,..,,...:;=,.,-""
.- -
1 ·'-,....,c--,...:;_,..,_
- - - ... - - 4. - / '::' - ~ -...,I ::::::
;....,e) ----s.:: ____ ,....
,·,-+-:-'. ~ - - • .;, ''-;; - '....,; j • - ( ' ' - • -
,_....;
?.·:.:-.?. 20, 21, 40 ==os/~o ·.~·hic:1. Dis-::.ric':?

:.=:..:--::le one) ---------------------
-. - -
~:1.is a ?rosecu~io~ ,·-
U.S. Defense X
X
after appellate acticn? X
wn~c~ supersedes_ ?revious 83-199 Stern X
?rosecution?
excludable pursuant to 18 U.S.C. § 316l(h)? [ ] Yes [x] No
DATES STATUTORY
(from) (to) REASONS FOR EXCLUSION AUTHORITY

---,-----------------Tel No.
Address:

I
JAY SICRE SEfX,INGER 645 2395
( .:..l.JS~' - :-2 l ~;~.
?et~'/
:-ti~or-
X ?e lonJ' C~eck, if juvenile
Check, if HIGH RIS~
Sur.inoi'.S issued? Yes ( x l No; Date:

.:Sa
-------------
.::ense charged: Importation and distribution of controlled substanc .
. S.C. Citation; 21 U . .S.C. §841,846,848,952 and 18 U.S.C. §2
:2~2 ~as offense co~mitted?

-------------------------------
ccDplaint previously been filed? (X] No ] Yes Mag.
r"'"'"" -
r'I.-• .::, ( WAS NOT set by Mag/Judge on 19
:--. :::: e a.so u.:1 t. of S , in th,..._e__n_a___
;__u_=_e_ o...,f,...:________
[ --,-----,,,-------------
Personal ~ecog. Surety 3ond
( Unsecured Bond Collateral
___ % Deposit
:?:~DAN~ IS NOT I~ CUSTODY and:

xi jas no~ been arres,:ed, ~ending the outcome cf this pr8ceedi~;.
is a f'GGITIVE.
is on ba.il or release. from (s.-how District)
-------------------
~?~~DANT IS IN CUSTODY at (show institution)
8 TI this cha!"se --------------------
~~ anothe!" conviction
awai,:ing trial on other
~~i,: cf ~~~eas Cor?us a?9ended
3ench Warrant. requested as detaine!"
- ~hat dace did continuous custody begin on this charge?

:: ~:-::es-:i:1s a.ser-cy ~r11ar::-2.n:. w~e:-e ::1ot ?eCeral, ',-ib.at.
& •2-2.~2
-------,,---,-------
-~·as ,·_ -::.~ ·-~-=-
~=ansfe=red ~o ~- S. custo~y?
-------------------
~~s te.:endan~/9roceeding (to be) ~~=suant ---
_
~-~ns~~--~~ . _,
.?.::.:-.?. 20, 21, 40 .:rc2/,:-o ·..;hi.c:1 Dis-::..:-ict?

---------------------
~~is a ?rosec~t~o~
u.S. Defense X
2) after a wist.rial? X
') afte!" appellate ac-:i.on? X
-: I whic~ supersedes_ previous 83-199 Stern X
:=:rosecution?
excludable pursuant to 18 U.S.C. § 3161(h)? [ ] Yes [x] No
DATES STATUTORY

Address:
--------------------------------
Comments: Please do not notice defendant pending arrest of defen<lant.

STEIN LUNDEGAR SEI:J,TNGER 645-2395
- ..,r,-- I .... ,..,.,-..... ~.., ,._~
"-1 ....... ..\.~ \ ..- .. 1...,,,..:)(""'.' - -'-.!. ,.i,_,1•
?e:. ::/
:-ii r:o r
:ii s de~e-=::-:-o = (Defendant's Address)
X :e lo:1;/ C~eck, if juvenile
Check, if HIGH RIS~
, s a S umnor.s i ss :..:ed? Yes [x l No; Date:
·=ense charged: Importation and distribution of controlled substanc.

'•
s.c. Citation; 21 U.S.C. §841,846,848,952 and 18 U.S.C. §2
:e=e ~as oE~ense co~mitted?

-------------------------------
cc8plaint previously been filed? (X] No ] Yes Mag.
--------- .,
[ WAS NOT set by Mag/Judge .------on ..,,,----------19

: t:~e asount of~ , in the nature of:
--,-------------
?er son al ~ecog. ( ] Surety 3ond
Unsecured Bond [ Collateral
___ % Deposit [
:?=~~ANT IS NOT I~ CUSTODY and:

x ·; :1as :1ot: been ar=estec., ?ending tl1e outcome cf this 9r:Jceed.:..::;.
:-Sa f'uGITIV~.
is on ba.il O!' release. f ram ( s..how District)
-------------------
~?~~DANT IS IN CUSTODY at (show institution)
'"' n --n·; ::i- cl•,;:,
- .l
.,.--e
· · - - ":1
I._ -
--------------------
2.\•iai ~.i..r:s tri=.l on ot:ler ?ZDE:t.~I.,
~=it: c~ g~~eas Cor?us ap9ended
3anch War=ant requested as detainer
- ~hat date did ccn=inuous custody begin on this charge?

= a==est:ing age~cy & warrant were not Federal, what da=e ---.......,..-.,---:-------
~as~==~-~=--
:..::-a:-:sfe.::-:::-e-:: =•-::i ::; • S. eustacy?
-------------------
~~s ~e:en~ant/~.::-oceedi~g (to be) ~-~nsf~r-~~ ?u.::-sua~t
.? . :: :- . ? . 2 0 , 2 2. , 4 0 : =ccj c:. ·;J ·.,1 hi ch Di s :: .::- i c ~ ?
---------------------
:~is a ?rosec~~io~ :: .:...:::
of a char;e previously
U.S. Defense X
2 ) a:Ete!' a mistrial? X
-,• \
I after appellate action? X
which supersec.es _ ~revicus 83-199 stern X
?:' □ secution?
' I

if answered "yes 11 , indicate below:
DATES STATUTORY
( from) (to) REASONS FO~ EXCLUSION AUTHORITY

---,-----------------Tel No.
Address:

; I
GLENN Z U'LMERMAN SFl,I:INGER 645 2395
( .:..cs;:~ - :~l ~;::;.
?et:~'
:-!i i'":C ::-
~!is Cer:-:e a :-:o :- (Defendant's Address)
x, ::--o; ~ - , ,
- - -"-'•i.: Check, ir juvenile
Check, i~ HIGE ~IS~
Yes (X ] No; Date:
-~=e~se charged: Importation and distribution of controlled substanc .
. 5.C. Citation: 21 U.S.C. §841,846,848,952 and 18 U.S.C. §2
.:e=e ~as o~~ense committed?

-------------------------------
--
.::::, -
;:, ccr..plaint previously been filed? (X] No ] :!es Mag.
[ WAS NOT set by-Mag/Judse,______ on--=-________ 19

~ ~~e asount of S , in the nat~=e of:
--,----,-----.....,....------
?er son al ~ec::,g. Surety Sane:
% Deposit Third ?arty c~stcdy
---
CUSTODY and:
xi ias no~ been arrested, ;ending the outcome cf this 9r8ceec:i~;.
2.s a FUGITIVE.
-------------------
j ~?~~DANT IS IN CUSTODY at (show institution)
,...,n --n·; - c-...,·;:,,...-e
- .l ._ _::,
--------------------
·•--':,
a\vai~ing t.ri::.l an at.her FZDER.:l. L
~=~~ of ~~~eas Cor?us a99ended
3a~ch War=ant requested as detainer
~- what date did ccntinuous custody begin on this charge?

... .,
arres~ing agency & war=ant were no-c. :ecer~~, what ~ate was~=-===-~=-- ' - ------------
~=a~s::erred ~o C. S. custody?
.::=,...,,...::=,..._'""/,..,-oco,::,,...::~..,-- i,i'"'"l
-------------------
rse) -;--;:,ns~=--=,...::
----- ~-------·•-! :;'-
-·-·::: ,..; 0
------·-:; -- ..,
~.?.Cr.?. 2G, 21, 40 ::=or::/:.o ·...-~ic:1. Dis-::.ric"':.?
---------------------
~jis a ?rosec~cion
U.S. Defense X
. 2) after a mistrial? X
appellate action? X
which supersedes_ ~rev2.ous 83-199 stern X
?rosecution?
excludable pursuant to 18 U.S.C. § 3161 (h)? [ ] Yes [ x] No
DATES STATUTORY
------------------Tel No.
Address:
--------------------------------
comrnen ts: Please do not notice defendant pending arrest of defen<lant.

KEITH MATTES
?et:y
>1i ~c :-
:1i s der;:e ~:-:o:- (Defendant's Address)
X =e lor:~' Check, ,. -
~
... J.. juvenile

Check, ; .::
... J.. HIGH :US;<
..,s a Surnr:-:ons issued? Yes [x 1 No; Date:

-------------
·
0
=e~se charged: Importation and distribution of controlled substanc .
..
. S .C. Citation; 21 U.S.C. §841,846,848,952 and 18 U.S.C. §2
~as offense committed?

.. :2~2
-------------------------------
~·=s a complaint previously been filed? (X] No ] Yes Mag.
--------- .,
] WAS [ WAS NOT set by Mag/Judge on

~ ~ ~~e asount of s ______________ , in the nat~re 0£: ---------- 19
~-----
[ ?ersonal Recog. ( Surety 3ond
[ unsecured Bond ( Collateral
[ ___ % Deposit ( Third ?arty c~s~cdy
. :?:~VAN~ IS NOT IN CUSTODY and:

x ·] has :10.:. been ar.:-ested, ?enc.ing the 01..:.tcome cf this ?r:Jceec..:..:::;-.
is a FUGIT I\.1'E.
is on ba.il or re lease. from ( s.how District)
-------------------
~~?~~DANT IS IN CUSTODY at (show institution)
' .
:Jn cn1.s '.
cnarge ' --------------------
c~ another conviction
~~it cf g~~eas Corpus appended
i 3ench Warrant requested as detainer
~- ~hat date did continuous custody begin on this charge?

------------
a r =es~ in g asency & warrant ~ere not Federal, what date •,.;as
~=a~sfe=red ~a C. S. custody?
-------------------
~jis a ~~osec~t~o~ \. -
, of a charge 9reviously
U.S. Defense X
'. 2) a mis-trial? X
: ; \
• I ap9ellate acticn? X
'--: I whic~ supersedes_ previcus 83-199 stern X
;::rosecution?
' 'l
DATES STATUTORY

------------------Tel No.
Address:
--------------------------------

JERRY SCHWARTZ SECJ,INGER 645 2395
(.:.us;-.. - Tie l :::::; .
?e:.:~l
>li ~c::
(Jefendant 1 s Address)
X Check, if juvenile
Check, if HIGn RIS~
..,s a S-.1r.ir:.o~s issued? Yes (x l No; Date:
.::ense charged: Importation and distribution of controlled substanc .

.,
.S .C. Citation: 21 U.S.C. §841,846,848,952 and 18 U.S.C. §2
.. :e=e ~as offense coGmitted?

---------------------------------
:.=.s a cor.:plaint previously been filed? (x] No ] '!es Mag.
[ WAS NOT set by Mag/Judge-_____on-_________ 19
-~ ~~e asount of S , in the nat~re of:
---------------
Personal Recog. Surety 3ond
___ % Deposit
jas no~ been arrested, pending the outcome cf

::.. s a fUGIT I\tE .
is on ba.il or release. from (s..how District)
-------------------
~~?~~DANT rs IN CUSTODY at (show institution)
~
-n ..,., i -
'-n_;:, c ..;..,·~ ~-
•--'::e ---------------------
~n another conviction
awai~ing trial on other
~=it cf s~~eas Cor?us appended
~ha~ date did continuous custody begin on this charge?

-------------
arre s ~ing age~cy & warran~ ~ere not Federal, what da~e ~as~=;=-~=--
~=a~sfe=red =a~- S. custody?
--------------------
_,...
:~~s ~efe~da~-=/9raceedins (ta be) ~-~ns~=--=~ ?u=sua~t ._....,
- . ~ . ·: ~ . ? . 2 0 , 2 l , 4 0 : -:: c ~ / ::J ·~"· h 2. ch Di s ~ := i c -: ?
1
: =:.. .:-•= !-e or:e)

:.
---------------------
~~is a ?rosec~~io~
, of a charge 9reviausly
disr:1issed on motion of
U.S. Defense X
:2) after a r:-.is-=rial? X
1
) after ap9ellate action? X
.~1 wnic~ supersedes_ ?revicus 83-199 stern X
?r"Osecu-::ion?
' '
excludable pursuant to 18 u.s.c. § 3161(h)? [ J Yes [x] No
DATES STATUTORY
( from) (to) REASONS FOR EXCLUSION AUTHORITY

------------------Tel No.
Address:
--------------------------------
Cornmen ts: Please do not notice defendant pending arrest of defendant.

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excludable pursuant to 18 u.s.c. § 316l(h)? [ 1 Yes [x] No
DATES STATUTORY
( from) (to) REASONS FO~ EXCLUSION AUTHORITY

Address:

DOUGLAS.GRANT SErl,Il[GEFi 645-2395
( Je fer: Car: t. 1 s
?et :~l
:•!i;-:c-::
:iisde~.ea::-:o:- (Jefendant 1 s Address)
X :e lo:1~:1 C~eck, if juvenile
Check, lZ HIGH ~IS~
Surrll:io~s issued? Yes [x l No; Date:

.:5 2
-------------
::ense charged: Importation and distribution of controlled substanc .
..
. 5.C. Citation: 21 U.S.C. §841,846,848,952 and 18 U.S.C. §2
~as offense coGrnitted?

.:2=2
---------------------------------
coDplaint previously been filed? (X] No ] Yes Mag.
( WAS NOT set by Mag/Judge on 19

~ ~~e asou~t of S ,
,-------
in the ----------
nat~=e of:
[ ---------------
?ersonal Recog. ( Surety 3ond
( Unsecured Bond ( Collateral
[ % Deposit ( Third -::>;:l ..... ..
... - ~ '-.I
~ ,t
:?:XJANT IS NOT I~ CUSTODY and:

xi jas ~o~ been ar=es~ed, pending the outcome cf
.:.s a f'UGITIVE.
is on bail or release from (s.how District)
-------------------
~~?~~DANT IS IN CUSTODY at (show institution)
""n ..,_.1,._=,
-
-;.,·.:, r-e
:., ; - '-'"'•--'j
..i,
---------------------
~~ another conviction
a\•.;ai-:.i:.:.g trial on ot~1.er
~hat tate did continuous custody begin on this cha=ge?

a==es ~i~s ase~cy & warrant were not ?ederal, what ~a~e
-------------
. - .
-::::.-.::l:-"'1-::--
~=a~sfe=red ~o C. S. custody?
--------------------
:: ~
.... -
·-,- - . :,- . 20, 21, 40 from/~o which Dis~rict? - - - - - - - - - - - - - - - - - - - - - -
-:-=...,.2--=-=...,l-e--o-:--.,-e-)_____
:jis a ?r~se~~t~o~
of a charge 9reviously
cisrnissed on motion of
] G.S. Defense X
:2) after a mistrial? X
·?) af~er appellate action? X
.,, which supersedes_ ?revicus 83-199 stern X
?rosecut.ion?
' \

excludable pursuant to 18 U.S.C. § 316l(h)? [ ] Yes· [ x ] No
DATES STATUTORY

----,----------------Tel No.
Address:
--------------------------------

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(~- fdY uJ..

UNITED STATES DISTRICT COURT

UNITED STATES OF AMERICA Criminal No.

v. 21 U.S.C. §84l(a) (1), 846, 848, 952,

The Grand Jury in and for the District of New Jersey,

1. That from at least as early as June, 1977 to

August 15, 1979, the defendant OLAYINKA SDNAYON FISCHER served

as the Second Secretary at the Nigerian Mission to the United

Nations; and, as such, the defendant bLAYINKA SDNAYON FISCHER

travelled around the world without being subject to Customs'

October 25, 1988

Michael D. Shanklin, Clerk

Re: United States v. Ismaili

Dear Mr. Shanklin:

Very truly yours, ~

October 12, 1988

Michael D. Shanklin, Deputy Clerk

Re: United States v. Ismaili

Dear Mr. Shanklin:

Enclosed please find the following:

l. Notice of Motion to Vacate Sentence and to Compel

2. Motion to Vacate, Set Aside, or Correct Sentence by a

3. Affidavit of Lakbir Ismaili;

4. Affidavit of Alan Silber, Esq.;

5. Certification of Ann Marie Dooley, Esq.; and

6. Memorandum of law in Support of Motion to Vacate, Set

Please be apprised, that at your request, I spoke with

If you have any questions regarding this matter, please do

Very truly yours,

{Jr /1,,1__ r1 ~COe~ ;ae,_

(Appeal from the U. S. Dist. Court for the Dist; of NJ-TRENTON }

( D. C. o@Xll/Cr iminal No. 84-246-01

To: Clerk of District Court

An Order was filed on

An order was filed on denyinq the petition fo~

X A petition for writ of certiorari was filed on November 2'i...,_J_g.a.L-

The petition for writ of certiorari was denie~

A petition for writ of certiorari was granted on________

Sally Mrvos, Cler~

Dated: December 23, 1987

Clerk, U.S. District Court

Re: United States v. Ismaili

Very truly yours,

cc: Hon. Garrett E. Brown, Jr., U.S.D.J.

United States of America

Lakbir Moulay Ismaili, Appellant

(Appeal from the .u. S. Dist. Court fe>.r"the Dist. of NJ-TRENTON )

,/ (D. C. acffU/Criminal No. 84-00246-01 )

INFORMATION SHEET ON POST DECISION MATTERS

An Order was filed on - - - : - - - - : : - - - - c - - - - extendinq the time for

An order was filed on denyinq the Petition fo~

An order was filed on _ _ _ _ _-=--"_ _ staying the issuance of the

A petition for writ of certiorari was filed on _ _ _ _ __

The petition for writ of certiorari was denied

A petition for writ of certiorari was granted on

Sally Mrvos, Clerk

Dated: September 16, 1987

Ismaili, Lakbir Moulay, Appellant

(Appeal from the u. s. Dist. Courtc,,fo.r...J:;.,h~ Dist. of NJ-TRENTON )

-(ti. C. ~/Criminal No. 84-00246-0l ', .. ,

To: Clerk of District Court

An Order was filed on extending the time for

Sally Mrvos, Clerk

Dated: Sept. 25, 1987