United States of America v. Schwarzbaum
| United States of America |
| Isac Schwarzbaum |
| 9:2018cv81147 |
| August 27, 2018 |
| US District Court for the Southern District of Florida |
| Beth Bloom |
| Bruce E Reinhart |
| Forfeit/Penalty: Other |
| 31 U.S.C. § 5316 |
| None |
Docket Report
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| Filing 124 REPORT AND RECOMMENDATION ON THE GOVERNMENTS MOTION TO REPATRIATE FOREIGN ASSETS ECF No. #115 . Objections to R&R due by 7/14/2021. Signed by Magistrate Judge Bruce E. Reinhart on 6/30/2021. See attached document for full details. (lbc) |
| Filing 123 Objection to #118 Notice (Other) Clerks Notice of Post-Judgment Repatriation Order by Isac Schwarzbaum. (Casal, Jose) |
| Filing 122 REPLY to Response to Motion re #115 MOTION to Enforce Judgment Motion to Repatriate Foreign Assets filed by United States of America. (Nasta, John) |
| Filing 121 RESPONSE to Motion re #115 MOTION to Enforce Judgment Motion to Repatriate Foreign Assets filed by Isac Schwarzbaum. Replies due by 6/24/2021. (Attachments: #1 Exhibit A - Declaration)(Casal, Jose) |
| Filing 120 CERTIFICATE OF SERVICE by United States of America re #118 Notice (Other) (Smith, Mary) |
| Filing 119 CERTIFICATE OF SERVICE by United States of America re #118 Notice (Other) (Smith, Mary) |
| Filing 118 CLERKS NOTICE OF POST-JUDGMENT REPATRIATION ORDER AND INSTRUCTIONS TO JUDGMENT DEBTOR ISAC SCHWARZBAUM (cqs) |
Filing 117
PAPERLESS ORDER. Pursuant to 28 U.S.C. 3202(b), the Clerks Office is hereby ordered to issue the Notice of Post-Judgment Order and Instructions to Judgment Debtor, which can be found at DE 115-1. Signed by Magistrate Judge Bruce E. Reinhart on 6/4/2021. (jgy)
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Filing 116
ORDER REFERRING MOTION TO MAGISTRATE JUDGE FOR AREPORT AND RECOMMENDATIONS #115 MOTION to Enforce Judgment Motion to Repatriate Foreign Assets filed by United States of America. Motions referred to Judge Bruce E. Reinhart for a Report and Recommendations. Signed by Judge Beth Bloom on 6/3/2021. See attached document for full details. (mee)
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| Filing 115 MOTION to Enforce Judgment Motion to Repatriate Foreign Assets by United States of America. Responses due by 6/17/2021 (Attachments: #1 Exhibit A - FDCPA Notice for Issuance by Clerk, #2 Exhibit B - Declaration of Jeffrey N. Nuez, #3 Exhibit C - Demand Letter, #4 Exhibit D - Amended Demand Letter, #5 Exhibit E - Defendant's Interrogatory Responses, #6 Exhibit F - Defendant's Request for the Production of Documents Responses, #7 Exhibit G - Defendant's 2019 FBAR)(Nunez, Jeffrey) |
| Filing 114 Transmitted Electronic Record on Appeal to US Court of Appeals re #106 Notice of Appeal, #108 Notice of Appeal, #100 Notice of Appeal. USCA #20-12061-HH. (apz) |
| Filing 113 Acknowledgment of Receipt of ROA from USCA re #106 Notice of Appeal, filed by Isac Schwarzbaum, #108 Notice of Appeal, filed by United States of America, #100 Notice of Appeal, filed by Isac Schwarzbaum. Date received by USCA: 11/24/2020. USCA Case Number: 20-12061-HH. (apz) |
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Filing 112
ORDER of USCA: Pursuant to Appellee-Cross Appellant USA's motion for voluntary dismissal, the above referenced appeal was duly entered dismissed on this date, as to the cross-appeal only, November 25, 2020 as to #108 Notice of Appeal, filed by United States of America, USCA # 20-12061-HH (hh)
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| Filing 111 Certified and Transmitted Record on Appeal to US Court of Appeals Consisting of (1) Accordian Folder Containing de# 71(2 CD'S) and 72(1 CD), Exhibits re #106 Notice of Appeal, #108 Notice of Appeal, #100 Notice of Appeal, USCA # 20-12061-HH (hh) |
| Filing 110 Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Southern District of Florida certifies that the record is complete for purposes of this appeal re: #108 Notice of Appeal, #106 Notice of Appeal, #100 Notice of Appeal, Appeal No. 20-12061-HH. The record on appeal is available electronically with the exception of: 1 Accordian Folder Containing de# 71 and 72, Exhibits. (hh) |
| Filing 109 Acknowledgment of Receipt of NOA from USCA re #108 Notice of Appeal, filed by United States of America. Date received by USCA: 10/23/20. USCA Case Number: 20-12061-HH. (hh) |
| Filing 108 Notice of Appeal as to #105 Judgment, #92 Findings of Fact & Conclusions of Law, #98 Order Dismissing Case, #99 Judgment,, by United States of America. Filing fee $ 505.00. USA/FPD Filer - No Filing Fee Required. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (Smith, Mary) |
| Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #108 Notice of Appeal. Notice has been electronically mailed. (hh) |
| Filing 107 Acknowledgment of Receipt of NOA from USCA re #106 Notice of Appeal, filed by Isac Schwarzbaum. Date received by USCA: 9/14/20. USCA Case Number: 20-12061-HH. (hh) |
| Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #106 Notice of Appeal. Notice has been electronically mailed. (hh) |
| Filing 106 Amended Notice of Appeal as to #104 Order on Motion to Alter Judgment, #99 Judgment,, #105 Judgment, #92 Findings of Fact & Conclusions of Law, #98 Order Dismissing Case by Isac Schwarzbaum. Filing fee $ 505.00. No Filing Fee Required. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (Casal, Jose) |
| Filing 105 AMENDED FINAL JUDGMENT. Final Judgment is entered in favor of Plaintiff, the United States of America as to Counts 2, 3, and 4 of the Complaint, ECF No. #1 . Judgment is entered in favor of Defendant, Isac Schwarzbaum as to Count 1 of the Complaint. Signed by Judge Beth Bloom on 8/26/2020. See attached document for full details. (mee) |
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Filing 104
ORDER, granting #102 Motion to Alter Judgment. Signed by Judge Beth Bloom on 8/26/2020. See attached document for full details. (mee)
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| Filing 103 RESPONSE to Motion re #102 MOTION to Alter Judgment filed by Isac Schwarzbaum. Replies due by 7/2/2020. (Casal, Jose) |
| Filing 102 MOTION to Alter Judgment by United States of America. Responses due by 6/29/2020 (Attachments: #1 Text of Proposed Order)(Smith, Mary) |
| Filing 101 Acknowledgment of Receipt of NOA from USCA re #100 Notice of Appeal, filed by Isac Schwarzbaum. Date received by USCA: 6/3/20. USCA Case Number: 20-12061-HH. (hh) |
| Filing 100 Notice of Appeal as to #92 Findings of Fact & Conclusions of Law, #98 Order Dismissing Case, #99 Judgment,, by Isac Schwarzbaum. Filing fee $ 505.00 receipt number AFLSDC-12975411. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (Casal, Jose) |
| Transmission of Notice of Appeal, Order/Judgment under appeal and Docket Sheet to US Court of Appeals re #100 Notice of Appeal, Notice has been electronically mailed. (apz) |
| Filing 99 FINAL JUDGMENT. Judgment is entered in favor of Plaintiff, the United States of America as to Counts 2,3, and 4 of the Complaint, ECF No. #1 . Judgment is entered in favor of Defendant,Isac Schwarzbaum as to Count 1 of the Complaint. Defendant shall pay to the United States of America penalties of $12,907,952.00, in addition to late payment penalties and interest, for willful violations of the FBAR reporting requirements for tax years 2007, 2008, and 2009. Signed by Judge Beth Bloom on 5/18/2020. See attached document for full details. (mee) |
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Filing 98
ORDER ASSESSING PENALTIES. Closing Case. Signed by Judge Beth Bloom on 5/18/2020. See attached document for full details. (mee)
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Filing 97
PAPERLESS ORDER denying #95 Motion for Leave to File Response to Defendant's Supplemental Brief. Signed by Judge Beth Bloom (ak03)
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| Filing 96 RESPONSE in Opposition re #95 MOTION for Leave to File Response to Defendant's Supplemental Brief filed by Isac Schwarzbaum. Replies due by 5/7/2020. (Attachments: #1 Exhibit A)(Casal, Jose) |
| Filing 95 MOTION for Leave to File Response to Defendant's Supplemental Brief by United States of America. (Smith, Mary) |
| Filing 94 NOTICE by Isac Schwarzbaum re #92 Findings of Fact & Conclusions of Law Defendant Isac Schwarzbaum's Supplemental Brief (Attachments: #1 Exhibit A, #2 Exhibit B) (Casal, Jose) |
| Filing 93 NOTICE by United States of America re #92 Findings of Fact & Conclusions of Law United States' Supplemental Post-Trial Brief (Smith, Mary) |
| Filing 92 FINDINGS OF FACT AND CONCLUSIONS OF LAW. Signed by Judge Beth Bloom on 3/20/2020. See attached document for full details. (kpe) |
| Filing 91 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Mary Elizabeth Smith re #90 Notice of Change of Address. After filing a Notice of Change of Address, Attorney Mary Elizabeth Smith is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. (pt) |
| Filing 90 NOTICE of Change of Address by Mary Elizabeth Smith (Smith, Mary) |
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Filing 89
PAPERLESS ORDER granting #88 the United States' Unopposed Motion to Substitute Filed Document. The Court will consider ECF No. [88-1] in place of the filing at ECF No. #86 . Signed by Judge Beth Bloom (ak03)
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| Filing 88 Unopposed MOTION To substitute document filed at ECF 86 re #86 Proposed Findings of Fact by United States of America. (Attachments: #1 Exhibit Complete USA Rebuttal Argument)(Nasta, John) |
| Filing 87 Proposed Findings of Fact and Proposed Conclusions of Law Defendant's Response to the United States' Proposed Findings of Fact and Conclusions of Law and Closing Argument by Isac Schwarzbaum. (Attachments: #1 Appendix A)(Casal, Jose) |
| Filing 86 Proposed Findings of Fact and Proposed Conclusions of Law USA Closing Argument Rebuttal by United States of America. (Nasta, John) |
| Filing 85 TRANSCRIPT of Calendar Call held on 09/24/19 before Judge Beth Bloom, 1-28 pages, Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/24/2020. Redacted Transcript Deadline set for 3/5/2020. Release of Transcript Restriction set for 5/4/2020. (pdz) |
| Filing 84 Proposed Findings of Fact and Proposed Conclusions of Law and Closing Argument by United States of America. (Smith, Mary) |
| Filing 83 Proposed Findings of Fact and Proposed Conclusions of Law and Closing Argument by Isac Schwarzbaum. (Attachments: #1 Appendix A)(Casal, Jose) |
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Filing 82
PAPERLESS ORDER regarding closing arguments and proposed findings of fact and conclusions of law. As stated on the record in open court, the parties shall submit their closing arguments and proposed findings of fact and conclusions of law on or before January 27, 2020, and any responses will be due on or before February 10, 2020. Signed by Judge Beth Bloom (ak03)
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| Filing 81 TRANSCRIPT of Trial, Day 5, plus index, held on 10/11/2019 before Judge Beth Bloom, Volume Number 5 of 5, 1 - 68 pages, Court Reporter: Yvette Hernandez, 305-523-5698 / Yvette_Hernandez@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/4/2019. Redacted Transcript Deadline set for 12/16/2019. Release of Transcript Restriction set for 2/11/2020. (yhz) |
| Filing 80 TRANSCRIPT of Trial, Day 4, plus index, held on 10/10/2019 before Judge Beth Bloom, Volume Number 4 of 5, 1 - 194 pages, Court Reporter: Yvette Hernandez, 305-523-5698 / Yvette_Hernandez@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/4/2019. Redacted Transcript Deadline set for 12/16/2019. Release of Transcript Restriction set for 2/11/2020. (yhz) |
| Filing 79 TRANSCRIPT of Trial Day 3, plus index, held on 10/07/2019 before Judge Beth Bloom, Volume Number 3 of 5, 1 - 159 pages, Court Reporter: Yvette Hernandez, 305-523-5698 / Yvette_Hernandez@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/4/2019. Redacted Transcript Deadline set for 12/16/2019. Release of Transcript Restriction set for 2/11/2020. (yhz) |
| Filing 78 TRANSCRIPT of Trial Day 2, plus index, held on 10/03/2019 before Judge Beth Bloom, Volume Number 2 of 5, 1 - 91 pages, Court Reporter: Yvette Hernandez, 305-523-5698 / Yvette_Hernandez@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/4/2019. Redacted Transcript Deadline set for 12/16/2019. Release of Transcript Restriction set for 2/11/2020. (yhz) |
| Filing 77 TRANSCRIPT of Trial Day 1, plus index held on 10/02/2019 before Judge Beth Bloom, Volume Number 1 of 5, 1 - 110 pages, Court Reporter: Yvette Hernandez, 305-523-5698 / Yvette_Hernandez@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/4/2019. Redacted Transcript Deadline set for 12/16/2019. Release of Transcript Restriction set for 2/11/2020. (yhz) |
| Filing 76 CLERK'S Notice of Maintaining Audio-Visual Exhibit(s) received from Defendant Re D.E. #52 Notice (Other),,. Exhibit Numbers: 1,2,4-6,8,10-13,15-17,21,23-25,34 (rrs) |
| Filing 75 Defendant's NOTICE of Compliance Re Admitted Evidence. Defendants exhibits on CD: 1, 2, 4-6, 8, 10-13, 15-17, 21, 23-25, 34 by Isac Schwarzbaum (mc) |
| Filing 74 CLERK'S Notice of Maintaining Audio-Visual Exhibit(s) received from Plaintiff Re D.E. #71 Order on Motion for Miscellaneous Relief, Joint Exhibits (2 CDS) (rrs) Modified on 10/22/2019 (rrs). |
| Filing 73 NOTICE by Isac Schwarzbaum re 56 Order on Motion for Miscellaneous Relief, of Filing Exhibits Admitted at Trial in Compliance with ECF No. 56 (Casal, Jose) |
| Filing 72 Defendant's CERTIFICATE of Compliance Re Admitted Evidence for exhibit(s): Defendants Exhibits 1, 2, 4-6, 8, 10-13, 15-17, 21, 23-25, 34 by Jose Angel Casal on behalf of Isac Schwarzbaum (Casal, Jose) |
| Filing 71 TRIAL EXHIBITS Sent to the Clerk of the Court Joint 1-13, USA 1-49, 53-55, 57, 59-73, 79, 80, 86-99, 101, 104-126, 128 by United States of America. Related document: 56 Order on Motion for Miscellaneous Relief,.(Nasta, John) |
| Filing 70 PAPERLESS Minute Entry for proceedings held before Judge Beth Bloom: Bench Trial Day 5. Continuation of Cross Examination and Direct of Witness: Special Agent Erick Anderson. No further witnesses called. Defense rests. Parties agree to order trial transcript and submit their closing arguments.Bench Trial completed on 10/11/2019.NOTICE OF POLICY RE ELECTRONIC SUBMISSION OF EXHIBITS. Local Rule 5.3 provides that within ten (10) days of the conclusion of a hearing or trial, a party must file in CM/ECF an electronic version of most exhibits offered or introduced into evidence. Before electronically filing, the filer must redact any sensitive, confidential, or private information in accordance with Fed. R. Civ. P. 5.2, Fed. R. Crim. P. 49.1, and CM/ECF Administrative Procedures, Section 6, or seek an order from the Court either to seal the exhibit or to exempt the exhibit from electronic filing under subsection (b)(3)(C) of the rule. Failure to electronically file exhibits and the The Certificate of Compliance Re Admitted Evidence within ten (10) days may result in the imposition of sanctions. The Local Rule, The Certificate of Compliance Re Admitted Evidence, and the Quick Reference Guide to Electronically Filing Trial Exhibits can be found on the Courts website: http://www.flsd.uscourts.gov. (ego)Total time in court: 2 hour(s) : 30 minutes. Attorney Appearance(s): Daniel I. Small, Jose Angel Casal, Nicole M. Elliott (via phone), Mary Elizabeth Smith, John P. Nasta, Jeffrey N. Nunez, Court Reporter: Yvette Hernandez, 305-523-5698 / Yvette_Hernandez@flsd.uscourts.gov. (ego) |
| Filing 69 NOTICE by Isac Schwarzbaum re #52 Notice (Other),, of Supplemental Filing to Deposition of Steven Weitz (Attachments: #1 Errata) (Casal, Jose) |
| Filing 68 PAPERLESS Minute Entry for proceedings held before Judge Beth Bloom: Bench Trial Day 4 held on 10/10/2019. Defendant Isac Schwarzbaum testimony completed. Witness Erik Anderson testified. Witness Steven Weitz testified. Total time in court: 5 hour(s) : 45 minutes. Attorney Appearance(s): Daniel I. Small, Jose Angel Casal, Nicole M. Elliott (via telephone), Mary Elizabeth Smith, John P. Nasta, Jeffrey N. Nunez. Court Reporter: Yvette Hernandez, 305-523-5698 / Yvette_Hernandez@flsd.uscourts.gov. (ak03) Modified on 10/10/2019 to reflect witness (ego). |
| Filing 67 PAPERLESS Minute Entry for proceedings held before Judge Beth Bloom: Bench Trial Day 3 held on 10/7/2019. Continued testimony of Defendant Isac Schwarzbaum. Total time in court: 5 hour(s) : 15 minutes. Attorney Appearance(s): Daniel I. Small, Jose Angel Casal, Mary Elizabeth Smith, John P. Nasta, Jeffrey N. Nunez (via telephone). Court Reporter: Yvette Hernandez, 305-523-5698 / Yvette_Hernandez@flsd.uscourts.gov. (ak03) |
| Filing 66 PAPERLESS Minute Entry for proceedings held before Judge Beth Bloom: Bench Trial Day 2 held on 10/4/2019. Defendant Isac Schwarzbaum testified. Total time in court: 3 hour(s) : 0 minutes. Attorney Appearance(s): Daniel I. Small, Jose Angel Casal, Mary Elizabeth Smith, John P. Nasta, Jeffrey N. Nunez (via telephone). Court Reporter: Yvette Hernandez, 305-523-5698 / Yvette_Hernandez@flsd.uscourts.gov. (ak03) |
| Filing 64 Exhibit List Updated October 1, 2019 by United States of America.. (Nasta, John) |
| Filing 65 PAPERLESS Minute Entry for proceedings held before Judge Beth Bloom: Bench Trial Day 1 held on 10/2/2019. Defendant Isac Schwarzbaum testified. Total time in court: 2 hour(s) : 50 minutes. Attorney Appearance(s): Daniel I. Small, Jose Angel Casal, Mary Elizabeth Smith, John P. Nasta, Jeffrey N. Nunez. Court Reporter: Yvette Hernandez, 305-523-5698 / Yvette_Hernandez@flsd.uscourts.gov. (ak03) |
| Filing 63 PAPERLESS Minute Entry for proceedings held before Judge Beth Bloom: Calendar Call held on 9/24/2019. Total time in court: 0 hour(s) : 30 minutes. Attorney Appearance(s): Daniel I. Small, Jose Angel Casal on behalf of Defendant; Mary Elizabeth Smith, John P. Nasta on behalf of Plaintiff. Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. (ak03) |
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Filing 62
ORDER granting #61 Motion to Bring Electronic Equipment into the courtroom. Signed by Judge Beth Bloom. See attached document for full details. (ak03)
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| Filing 61 Defendant's MOTION to Bring Electronic Equipment into the courtroom by Isac Schwarzbaum. Responses due by 10/7/2019 (Attachments: #1 Text of Proposed Order)(Casal, Jose) |
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Filing 60
PAPERLESS ORDER granting #59 Motion to Bring Electronic Equipment into the courtroom for the duration of the September 30, 2019-October 11, 2019 trial period. Signed by Judge Beth Bloom. (ak03)
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| Filing 59 MOTION to Bring Electronic Equipment into the courtroom by United States of America. Responses due by 10/7/2019 (Attachments: #1 Text of Proposed Order)(Nasta, John) |
| Filing 58 NOTICE by United States of America of Deposition Objections and Counter-Designations (Nunez, Jeffrey) |
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Filing 57
ORDER granting in part and denying in part #32 Motion in Limine. Signed by Judge Beth Bloom. See attached document for full details. (ak03)
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Filing 56
PAPERLESS ORDER granting #55 Unopposed Motion to Exempt Exhibits from Electronic Filing. In accordance with Local Rule 5.3(b)(3)(C), the parties shall deliver the exhibits on a CD or DVD to the Clerk of Court with an additional copy for chambers, within ten (10) days of the conclusion of trial. Signed by Judge Beth Bloom. (ak03)
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| Filing 55 Unopposed MOTION Motion to Exempt Trial Exhibits From Filing in ECF or in the Alternative for Permission to File Trial Exhibits Under Seal by United States of America. (Attachments: #1 Text of Proposed Order)(Nasta, John) |
| Filing 54 PRETRIAL STIPULATION and Joint Pretrial Statement by United States of America (Attachments: #1 Stipulated Facts, #2 Joint Exhibit List, #3 USA Exhibit List, #4 Defendant Exhibit List)(Nasta, John) |
| Filing 53 NOTICE by Isac Schwarzbaum re #52 Notice (Other),, of Deposition Designations (Casal, Jose) |
| Filing 52 NOTICE by Isac Schwarzbaum of Filing Deposition Transcripts (Attachments: #1 Exhibit Ex A - Part 1 - Bjork, #2 Exhibit Ex A - Part 2 - Bjork - Exhibits 1 - 21, #3 Exhibit Ex A - Part 3 - Bjork - Exhibits 22 - 30, #4 Exhibit Ex B - Part 1 - Anderson, #5 Exhibit Ex B - Part 2 - Anderson - Exhibits 1 - 4, #6 Exhibit Ex B - Part 3 - Anderson - Exhibits 5 - 8, #7 Exhibit Ex C - Nguyen, #8 Exhibit Ex D - Barnhill, #9 Exhibit Ex E - Weitz, #10 Exhibit Ex F - Silver, #11 Exhibit Ex G - Chastang) (Casal, Jose) |
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Filing 51
ORDER Denying #33 Motion for Summary Judgment. Signed by Judge Beth Bloom on 8/22/2019. See attached document for full details. (cds)
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Filing 50
PAPERLESS ORDER denying #49 Defendant's Motion to Strike the Notice of Supplemental Authority. To the extent that there is legal authority or otherwise persuasive decisions issued following Plaintiff's response to the motion for summary judgment, Defendant is free to provide it to the Court by way of his own notice of supplemental authority. Signed by Judge Beth Bloom (ak03)
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| Filing 49 Defendant's MOTION to Strike #48 Notice of Supplemental Authority , or in the Alternative, ( Responses due by 8/22/2019), MOTION for Leave to Respond to Government's Notice of Supplemental Authority re #48 Notice of Supplemental Authority by Isac Schwarzbaum. (Casal, Jose) |
| Filing 48 Notice of Supplemental Authority re #43 Response in Opposition to Motion by United States of America (Attachments: #1 Exhibit 1 - Magistrate Judge's R&R in United States v. Said Rum) (Nunez, Jeffrey) |
| Filing 47 REPLY to Response to Motion re #33 Defendant's MOTION for Summary Judgment filed by Isac Schwarzbaum. (Attachments: #1 Exhibit A - St. Galler Kantonalbank Record, #2 Exhibit B - Bank Linth Record, #3 Exhibit C - Form 13449)(Casal, Jose) |
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Filing 46
ORDER SCHEDULING TRIAL AND ORDER OF INSTRUCTIONS BEFORE CALENDAR CALL. Calendar Call set for 9/24/2019 01:45 PM before Judge Beth Bloom. Non-Jury Trial set for 9/30/2019 09:00 AM in Miami Division before Judge Beth Bloom. Signed by Judge Beth Bloom on 8/5/2019. See attached document for full details. (mee) Modified on 8/6/2019 Modified as to Non-Jury trial(ego).
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| Filing 45 NOTICE by United States of America re #43 Response in Opposition to Motion, #44 Statement,, Index of Exhibits Cited in the United States' Opposing Statement of Material Facts in Support of its Response in Opposition to Defendant's Motion for Summary Judgment (Smith, Mary) |
| Filing 44 Statement of: Material Facts to support United States's Opposition to Defendant's Motion for Summary Judgment by United States of America (Attachments: #1 Exhibit A Steven Weitz Deposition Transcript, #2 Exhibit B 2014 Protest Letter, #3 Exhibit C Defendant's Initial Response to USA's First Set of Interrogatories, #4 Exhibit D Declaration of Translator and Swiss Court Decision, #5 Exhibit E Signed Consent to Extend SOL, #6 Exhibit F Signed Consent to Extend SOL, #7 Exhibit G Signed Consent to Extend SOL, #8 Exhibit Declaration of Mary Elizabeth Smith)(Nasta, John) |
| Filing 43 RESPONSE in Opposition re #33 Defendant's MOTION for Summary Judgment filed by United States of America. Replies due by 8/7/2019. (Nasta, John) |
| Filing 42 REPLY to Response to Motion re #32 MOTION in Limine filed by United States of America. (Wilcove, Michael) |
| Filing 41 NOTICE of Attorney Appearance by Chad M Vanderhoef on behalf of Isac Schwarzbaum. Attorney Chad M Vanderhoef added to party Isac Schwarzbaum(pty:dft). (Vanderhoef, Chad) |
| Filing 40 NOTICE of Attorney Appearance by Daniel I. Small on behalf of Isac Schwarzbaum. Attorney Daniel I. Small added to party Isac Schwarzbaum(pty:dft). (Small, Daniel) |
| Filing 39 RESPONSE to Motion re #32 MOTION in Limine filed by Isac Schwarzbaum. Replies due by 7/31/2019. (Attachments: #1 Exhibit A - Non Willful Lead Sheet, #2 Errata B - Willful Determination Lead Sheet, #3 Exhibit C - Bjork Interview Notes, #4 Exhibit D - Fraud Development Lead Sheet, #5 Exhibit E - Civil Penalty Approval Form, #6 Exhibit F - Gov't Response to Second Set of Interrogatories, #7 Exhibit G - Gov't Response to First Set of Interrogatories, #8 Exhibit H - March 13, 2014 West Email, #9 Exhibit I - Chastang Deposition Transcript)(Casal, Jose) |
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Filing 38
PAPERLESS ORDER granting #37 Motion for Extension of Time to File Response to Motion by 7/31/2019. Re: #33 Defendant's MOTION for Summary Judgment filed by Isac Schwarzbaum. Signed by Judge Beth Bloom (BB)
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| Filing 37 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #33 Defendant's MOTION for Summary Judgment , #34 Statement by United States of America. (Nasta, John) |
| Filing 36 NOTICE by Isac Schwarzbaum re #33 Defendant's MOTION for Summary Judgment , #35 Affidavit in Support of Motion,,,,, #34 Statement of Index of Exhibits Cited in Defendant Isac Schwarzbaum's Statement of Undisputed Material Facts in Support of His Motion for Summary Judgment (Casal, Jose) |
| Set/Reset Deadlines/Hearings Discovery due by 8/2/2019. per DE 31 (cbr) |
| Filing 35 AFFIDAVIT in Support re #33 Defendant's MOTION for Summary Judgment filed by Isac Schwarzbaum. (Attachments: #1 Exhibit 01 - Deposition of Isac Schwarzbaum, #2 Exhibit 02 - Declaration of Isac Schwarzbaum, #3 Exhibit 03 - Deposition of James Bjork, #4 Exhibit 04 - Deposition of David Barnhill, #5 Exhibit 05 - 2006 Original 1040, #6 Exhibit 06 - 2006 Original FBAR, #7 Exhibit 07 - Weitz Affidavits, #8 Exhibit 08 - 2007 Original 1040, #9 Exhibit 09 - 2008 Original 1040, #10 Exhibit 10 - 2009 Original 1040, #11 Exhibit 11 - Weitz Interview, #12 Exhibit 12 - UBS Letter, #13 Exhibit 13 - Offshore Voluntary Disclosure Letter, #14 Exhibit 14 - 11/10/14 Letter, #15 Exhibit 15 - Check, #16 Exhibit 16 - 3/15/13 OVDI Opt Out, #17 Exhibit 17 - Non-Willful Lead Sheet, #18 Exhibit 18 - US Response to Second Set of Interrogatories, #19 Exhibit 19 - Fraud Development Lead Sheet, #20 Exhibit 20 - Penalties Lead Sheet, #21 Exhibit 21 - 2006 Amended 1040, #22 Exhibit 22 - 2009 Original FBAR, #23 Exhibit 23 - Clariden Leu Records, #24 Exhibit 24 - UBS Records, #25 Exhibit 25 - 2007 Amended 1040, #26 Exhibit 26 - 2008 Amended 1040, #27 Exhibit 27 - 2009 Amended 1040, #28 Exhibit 28 - IRS Willful Penalty Calculation, #29 Exhibit 29 - 4/17/15 Letter)(Casal, Jose) |
| Filing 34 Statement of: Undisputed Material Facts in Support of His Motion for Summary Judgment by Isac Schwarzbaum re #33 Defendant's MOTION for Summary Judgment (Casal, Jose) |
| Filing 33 Defendant's MOTION for Summary Judgment by Isac Schwarzbaum. Responses due by 7/24/2019 (Casal, Jose) |
| Filing 32 MOTION in Limine by United States of America. (Attachments: #1 Exhibit A: Bjork Dep., #2 Exhibit B: Anderson Dep., #3 Exhibit C: Ngyuen Dep., #4 Exhibit D: Supplemental Disclosures, #5 Exhibit E: Chastang Deposition (Excerpts))(Wilcove, Michael) |
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Filing 31
PAPERLESS ORDER granting #28 Motion for Extension of Time of Discovery Cutoff Deadline to August 2, 2019, solely for the purpose of taking the deposition of Robert Silver. Signed by Judge Beth Bloom (BB)
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| Filing 30 NOTICE of Attorney Appearance by Michael N. Wilcove on behalf of United States of America. Attorney Michael N. Wilcove added to party United States of America(pty:pla). (Wilcove, Michael) |
| Filing 29 NOTICE of Attorney Appearance by Jeffrey N. Nunez on behalf of United States of America. Attorney Jeffrey N. Nunez added to party United States of America(pty:pla). (Nunez, Jeffrey) |
| Filing 28 MOTION for Extension of Time of Discovery Cutoff Deadline by United States of America. (Nasta, John) |
| Filing 27 MEDIATION REPORT by David H. Lichter. Disposition: Case did not settle.(Lichter, David) |
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Filing 26
PAPERLESS ORDER granting #25 Motion Relief from Requirement that a Representative with Full Settlement Authority Attend Mediation. The Department of Justice attorneys assigned to this case may attend the mediation alone with their Section Chief or Assistant Chief available for consultation by telephone, if needed. Signed by Judge Beth Bloom (ak03)
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| Filing 25 Unopposed MOTION for Relief From Requirement That a Representative with Full Settlement Authority Attend Mediation by United States of America. (Nasta, John) |
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Filing 24
PAPERLESS ORDER cancelling Discovery Status Conference previously set for 5/6/2019 at 2:00PM, in light of counsel's representation to the Court at DE 23 that there are no pending discovery disputes. Signed by Magistrate Judge Bruce E. Reinhart on 5/1/2019. (kry)
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| Filing 23 STATUS REPORT regarding Discovery (Joint) by United States of America (Nasta, John) |
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Filing 22
PAPERLESS ORDER granting in part and denying in part #21 Motion to Modify Scheduling Order and to Reschedule Mediation. The Court's Scheduling Order, ECF No. #16 , is modified as follows: By May 28, 2019, the Parties shall disclose experts and exchange expert witness summaries or reports. By June 11, 2019, the Parties shall exchange rebuttal expert witness summaries or reports. By June 25, 2019, all discovery, including expert discovery, shall be completed. By July 10, 2019, all pre-trial motions, motions in limine, and Daubert motions (which include motions to strike experts) shall be filed. This deadline includes all dispositive motions. All other deadlines set forth in the Court's Scheduling Order shall remain in effect. The portion of the Motion requesting to reschedule mediation is denied. Signed by Judge Beth Bloom (BB)
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| Filing 21 Joint MOTION for Extension of Time of Discovery Cutoff Deadline , Modifying Scheduling Order, and to Reschedule Mediation by United States of America. (Nasta, John) |
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Filing 20
ORDER Scheduling Mediation before David H. Lichter. Mediation Hearing set for 6/18/2019 at 10:00 AM. Signed by Judge Beth Bloom on 11/16/2018. See attached document for full details. (ar2)
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| Filing 19 NOTICE by United States of America of parties scheduling mediation (Attachments: #1 Text of Proposed Order) (Nasta, John) |
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Filing 18
ORDER Setting Discovery Status Conference: Status Conference Re: Discovery Matters set for 5/6/2019 at 02:00 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Signed by Magistrate Judge Bruce E. Reinhart on 11/1/2018. See attached document for full details. (ar2)
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Filing 17
STANDING DISCOVERY ORDER FOR MAGISTRATE JUDGE BRUCE REINHART. Signed by Magistrate Judge Bruce E. Reinhart on 10/31/2018. See attached document for full details. (ar2)
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Filing 16
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE: ( Amended Pleadings due by 12/24/2018, Discovery due by 6/4/2019, Expert Discovery due by 6/4/2019, Joinder of Parties due by 12/24/2018, Mediation Deadline 6/18/2019, In Limine Motions due by 6/26/2019, Dispositive Motions due by 6/26/2019, All Pre-trial Motions due by 6/26/2019, Joint Pretrial Stipulation due by 9/16/2019, Jury Trial set for 9/30/2019 at 9:00 AM in Miami Division before Judge Beth Bloom, Calendar Call set for 9/24/2019 at 1:45 PM in Miami Division before Judge Beth Bloom), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 6/18/2019), and ORDER REFERRING CASE to Magistrate Judge Bruce E. Reinhart for Discovery Matters. Signed by Judge Beth Bloom on 10/25/2018. See attached document for full details. (ar2) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Filing 15 Joint SCHEDULING REPORT - Rule 16.1 by United States of America (Attachments: #1 Text of Proposed Order)(Smith, Mary) |
| Filing 14 Certificate of Interested Parties/Corporate Disclosure Statement by Isac Schwarzbaum identifying Corporate Parent Department of Treasury, Corporate Parent Internal Revenue Service for Isac Schwarzbaum (Casal, Jose) |
| Filing 13 Certificate of Interested Parties/Corporate Disclosure Statement by United States of America (Nasta, John) |
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Filing 12
PAPERLESS ORDER granting #10 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Nicole M. Elliott. Signed by Judge Beth Bloom (BB)
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Filing 11
PAPERLESS ORDER granting #9 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Andrea Darling De Cortes. Signed by Judge Beth Bloom (BB)
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| Filing 10 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Nicole M. Elliott. Filing Fee $ 75.00 Receipt # 113C-11063258 by Isac Schwarzbaum. Responses due by 10/24/2018 (Attachments: #1 Text of Proposed Order)(Casal, Jose) |
| Filing 9 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Andrea Darling De Cortes. Filing Fee $ 75.00 Receipt # 113C-11063225 by Isac Schwarzbaum. Responses due by 10/24/2018 (Attachments: #1 Text of Proposed Order)(Casal, Jose) |
| Filing 8 ANSWER and Affirmative Defenses to Complaint by Isac Schwarzbaum. (Casal, Jose) |
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Filing 7
ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES -Joint Scheduling Report due by 10/24/2018 Signed by Judge Beth Bloom on 10/3/2018. See attached document for full details. (ra)
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Filing 6
PAPERLESS ORDER granting #5 Motion for Extension of Time to File Response/Answer to Complaint by Isac Schwarzbaum by 10/10/2018. Re: #1 Complaint filed by United States of America. Signed by Judge Beth Bloom (BB)
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| Filing 5 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by Isac Schwarzbaum. Attorney Jose Angel Casal added to party Isac Schwarzbaum(pty:dft). (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Casal, Jose) |
| Filing 4 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline by United States of America. Isac Schwarzbaum served on 9/12/2018, answer due 10/3/2018. (Attachments: #1 Exhibit Affidavit of Service)(Nasta, John) |
| Filing 3 Summons Issued as to Isac Schwarzbaum. (cbr) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Beth Bloom and Magistrate Judge Bruce E. Reinhart. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Bruce E. Reinhart is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (cbr) |
| Filing 1 COMPLAINT against Isac Schwarzbaum. Filing fees $ 400.00. USA Filer - No Filing Fee Required, filed by United States of America. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Smith, Mary) |
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