Michael Sater aka Sheferofsky 2006 Sentencing Hearing Transcript

Case 1:00-cr-01005-NGG Document 32 Filed 09/24/14 Page 1 of 17 PageID #: 14

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UNITED UNITED STATES STATES DISTRI DISTRICT CT COURT COURT EAST EASTER ERN N DIST DISTRI RICT CT OF NEW NEW YORK YORK

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:

00-CR-1005 (NGG)

4 -against-

U.S. Courthouse

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: Brookl Brooklyn, yn, New York York

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MICHAEL MICHAEL SHEFEROFS SHEFEROFSKY KY a/k/a a/k/a Mikhai Mikhail l Sater Sater

7 Defendant

` :

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June June 20, 20, 2006 2006 9:30 a. a.m.

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BEFORE: HONORA HONORABLE BLE NICHOL NICHOLAS AS G. GARAUF GARAUFIS IS United United States States Distri District ct Judge Judge

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APPEARANCES:

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For the Government:

LORETTA E. LYNCH United United States States Attorn Attorney ey 271 271 Cadm Cadman an Plaz Plaza a East East Brookl Brooklyn, yn, New York York 11201 11201 BY: BY: THOM THOMAS AS ALAN ALAN FIRE FIREST STON ONE E Assist Assistant ant U.S. U.S. Attorn Attorney ey

For the Defendant:

MALMAN, MALMAN & ROSENTHAL 4040 4040 Sherid Sheridan an Street Street Hollywood, Hollywood, Florida Florida 33021 BY: BY: MYLE MYLES S H. MALM MALMAN AN and STAH STAHL L & HORB HORBLI LIT T 47 Mapl Maple e Stre Street et Suite Suite 206 Summit Summit, , New Jersey Jersey 07901 07901 BY: BY: ROB ROBERT ERT G. STA STAHL

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Case 1:00-cr-01005-NGG Document 32 Filed 09/24/14 Page 2 of 17 PageID #: 15 U.S.A. U.S.A. v. MICHAEL MICHAEL SHEFEROF SHEFEROFSKY SKY

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Court Reporter:

RONALD E. TOLKIN, RPR, RMR, CRR Official Official Court Reporter Reporter 225 225 Cadm Cadman an Plaz Plaza a East East Brookl Brooklyn, yn, New York York 11201 11201 718-613-2647

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THE THE CLER CLERK: K:

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Counse Counsel, l, please please state state your your appear appearanc ances. es.

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MR. MR. STAH STAHL: L:

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Crim Crimin inal al caus cause e for for sent senten ence ces. s.

Good Good morn mornin ing, g, Robe Robert rt Stal Stall l and and Myle Myles s

Malman Malman on behalf behalf of Michae Michael l Shefer Sheferofs ofsky. ky. THE THE COUR COURT: T:

Good Good morn mornin ing. g.

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MR. MR. FIRE FIREST STON ONE: E:

Thom Thomas as Fire Firest ston one e for for the the gove govern rnme ment nt. .

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Good Good mornin morning, g, Your Your Honor Honor. .

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THE THE COUR COURT: T:

Good Good morn mornin ing. g.

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This This is Mr. Mr. Shef Shefer erof ofsk sky y to my left left. .

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Your Your Hono Honor, r, we have have an appl applic icat atio ion n due due to the the natu nature re

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of the senten sentencin cing, g, the cooper cooperati ation on and contin continued ued cooper cooperati ation, on,

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to seal seal the the cour courtr troo oom m brie briefl fly y for for the the purp purpos ose e of this this

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senten sentencin cing g and some some of the descri descripti ptions ons of ongoin ongoing g activi activitie ties s

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that that we woul would d like like to disc discus uss s that that are are pert pertin inen ent t to the the

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sentencing.

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I unde unders rsta tand nd that that the the gove govern rnme ment nt does does not not obje object ct to our applicati application. on.

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Your Your applic applicat atio ion n is grante granted. d.

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MR. MR. MALM MALMAN AN: :

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THE THE COURT COURT: :

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This This is a sent senten enci cing ng proc procee eedi ding ngs s for for Mich Michae ael l

Than Thank k you, you, Judge Judge. . All All right right. .


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Sheferofsky.

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Mr. Mr. Shef Shefer erof ofsk sky, y, are are you you sati satisf sfie ied d with with the the

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assi assist stan ance ce that that your your atto attorn rney eys s have have give given n to you you so far far in

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this this matter matter. .

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THE THE DEFEN DEFENDA DANT NT: :

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MR. MR. STA STAHL: HL:

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file file and and I have have revi review ewed ed them them. .

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Yes. Yes.

You You have ave to spea speak k up. Yes. Yes.

I have have the the foll follow owin ing g mate materi rial als s in the the Ther There e is a pres presen ente tenc nce e repo report rt

date dated d Augu August st 6th, 6th, 2002 2002. .

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Yes, Yes, Your Your Hono Honor. r. That That is corr correc ect, t, Your Honor Honor. .

A lett letter er from from Mr. Mr. Stal Stall l date dated d June June 14th 14th, ,

2006.

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Have Have you you seen seen that that? ?

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MR. MR. FIRES FIRESTO TONE NE: :

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THE THE COU COURT: RT:

Yes. Yes.

Ther There e is a 5K.1 K.1 lette etter r dat dated May May 9th 9th,

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2006 2006. .

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repo report rt and and the the 5K1 5K1 lett letter er? ?

Has Has the the defe defend ndan ant t seen seen the the pres presen ente tenc nce e inve invest stig igat atio ion n

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Yes, Yes, he has, has, Your Your Hono Honor. r.

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Have Have you discu discuss ssed ed it with with him? him?

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Yes, Yes, we have have.

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Have Have you you answ answer ered ed any any and and all all ques questi tion ons s

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that that he had had abou about t thes these e docu docume ment nts? s? MR. MR. STA STAHL: HL:

Yes, Yes, we have have.


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Is there here any anythin thing g else lse that that I am

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miss missin ing? g?

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date dated d June June 16th 16th, , 2006 2006, , whic which h is one one para paragr grap aph. h.

I also also have have an adde addend ndum um to the the pres presen ente tenc nce e repo report rt

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Have Have you you seen seen that that, , as well well? ?

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MR. STAHL:

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Yes, we have a copy of that.


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Is ther there e anyt anythi hing ng else? else? That That is ever everyt ythi hing ng, , Your Your Hono Honor. r.

Let Let me just just go over over the calc calcul ulat atio ion n of

the guidel guideline ines s first. first. The The defe defend ndan ant t pled pled guil guilty ty to a two two coun count t supe superc rced edin ing g inform informati ation, on, is that that correc correct? t?

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That That is corr correc ect, t, Your Honor Honor. .

The The comp comput utat atio ion n of the guid guidel elin ine e is a

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tota total l offe offens nse e leve level l of 28. 28.

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histor history y catego category ry two? two?

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It is

unsi unsign gned ed but but I beli believ eve e it is the the same same. .

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The The defe defend ndan ant t is in crim crimin inal al


The The rang range e of impr impris ison onme ment nt is 87 to 108

mont months hs in the the cust custod ody y of the the Atto Attorn rney ey Gene Genera ral. l.

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comput computati ation on of the guidel guideline ines? s?

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Is ever everyo yone ne in agre agreem emen ent t abou about t the the

Yes, Yes, Your Your Hono Honor. r.

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fact factor ors s in my sent senten enci cing ng lett letter er. .

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calc calcul ulat atio ions ns are are corr correc ect. t.

I not noted cer certain tain

I thin think k that that the the

I thin think k ther there e are are miti mitiga gati ting ng


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factors.

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THE COURT:

We will get get to tha that.

I just nee need to

esta establ blis ish h the the foun founda dati tion on from from whic which h we move move. .

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All right? right?

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Yes. Yes. Yes, Yes, Judg Judge. e. You You feel eel it is corr correc ect t? Yes, Yes, Judg Judge. e. All All righ ight.

Why Why don don't we move move onto onto the the

5K.

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Okay Okay, , Your Your Honor Honor. .

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The There is one one poin point t tha that I wou would like like to add. add.

Firs irst

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of all all just just to summ summar ariz ize e them them, , and and I am sure sure that that the the Cour Court t

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had had an oppo opport rtun unit ity y to read read them them. .

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THE COURT:

I read everything.

So I am aware of

wher where e we are. are.

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Ther There e is one one poin point t that that was was omit omitte ted d

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from from the the 5k lett letter er that that I woul would d like like to plac place e on the the reco record rd

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now. now.

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hand handli ling ng this this defe defend ndan ant' t's s case case sinc since e 2000 2000, , I was was out out of the the

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offi office ce on deta detail il for for two two year years s and and ther there e is one one piec piece e of

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coop cooper erat atio ion n that that he rend render ered ed to the the gove govern rnme ment nt that that I was was not not

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awar aware e of unti until l toda today. y.

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into into a sign signif ific ican ant t frau fraud d in the the Gree Green n poin point t Sect Sectio ion n of

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Brooklyn.

The The reas reason on for for its its omis omissi sion on was was that that alth althou ough gh I was was

That That has has to do with with an inve invest stig igat atio ion n


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The The defe defend ndan ant t in appr approx oxim imat atel ely y 2003 2003 brou brough ght t to the the

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atte attent ntio ion n of the the FBI FBI a 2.1 2.1 mill millio ion n doll dollar ar chec check k frau fraud, d, a

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Medi Medica caid id chec check k frau fraud, d, that that was was bein being g perp perpet etra rate ted d in the the Poli Polish sh

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comm commun unit ity y of Gree Greenp npoi oint nt. .

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FBI. FBI.

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He brou brough ght t this this to attent attentio ion n of the the

He wire wired d up agai agains nst t the the targ target ets s of the the inve invest stig igat atio ion. n. As a resu result lt of his his proa proact ctiv ive e coop cooper erat atio ion n in that that

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case case, , two two defe defend ndan ants ts were were arre arrest sted ed. .

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othe other r case cases s in the same same comm commun unit ity. y.

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case case of Unit United ed Stat States es vers versus us Kapa Kapalo loos osny ny (ph) (ph) whic which h is befo before re

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And, And, in fact, fact, led to the

Your Your Hono Honor r righ right t now, now, a 20 defe defend ndan ant t case case. .

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THE COU COURT:

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That That case case in turn turn led led to

I got got it. it. That That is a very very very very sign signif ific ican ant t

piece piece of cooper cooperati ation. on.

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He is resp respon onsi sibl ble e for for my 20 defe defend ndan ants ts

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No, No, Your Your Hono Honor. r.

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So that that you you are are addi adding ng that that to the the mix? mix?

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else else that that he shou should ld get get cred credit it for. for.

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case?

Mayb Maybe e we shou should ldn' n't t have have said said anyt anythi hing ng. . He gets gets cred credit it for for that that. .

All All right right. .

That That is corre correct ct. .

That That is somet somethi hing ng

Then Then the the only only othe other r poin point t that that I woul would d just just

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high highli ligh ght t oral orally ly, , is that that to the the exte extent nt that that his his coop cooper erat atio ion n

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was was not not more more prod produc ucti tive ve it was was larg largel ely y the the resu result lt of the the fact fact


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that that he was was out of the the game, ame, so to spea peak, by the the time ime that hat he

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was was arre arres sted ted.

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floo floor r by the the mid 90's 90's. .

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info inform rmat atio ion n was was hist histor oric ical al. .

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hist histor oric ical al inte intell llig igen ence ce, , a lot lot of the the targ target ets s of thes these e

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inve invest stig igat atio ions ns were were dead dead or out out of the the coun countr try y or alre alread ady y in

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pris prison on on othe other r thin things gs or the the stat statut ute e of limi limita tati tion ons s had had run. run.

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Ther There e wasn' asn't t as much much that that we cou could do with ith it. it.

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done done more more had had we gott gotten en him him earl earlie ier r and and had had he coop cooper erat ated ed

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It was was that hat a new new gene genera rati tion on had had come come to the the So a lot lot of Mr. Mr. Shef heferof erofs sky's ky's Alth Althou ough gh it was was valu valuab able le as

We coul could d have have

earlier.

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Is Shefer Sheferof ofsk sky y a pseu pseudo dony nym? m?

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I unde unders rsta tand nd that that is his his give given n name name

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but but Sate Sater r is the the pseu pseudo dony nym, m, but but I will will let let the the defe defend ndan ant t

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explai explain n for himsel himself. f.

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Sate Sater r is the the Amer Americ ican aniz ized ed vers versio ion n of

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Shef Shefer erof ofsk sky y when when he immi immigr grat ated ed, , Your Your Hono Honor. r.

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the correc correct t name. name.

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Shef Shefer erof ofsk sky y is

He is know nown by the the name name Sate Sater r and and not by

the the othe other r name name? ?

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He is know known n by both both. . In the the Russ Russia ian n comm commun unit ity y he is know known n by

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Shef Shefer erof ofsk sky y and and the the Amer Americ ican aniz ized ed vers versio ion n is Sate Sater. r.

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relati relations onship hips s with with Americ American an people people it is Sater. Sater.

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In his his

We identi identifi fied ed him him as Shef Shefer erof ofsk sky y in

all all of the the cour court t docu docume ment nts s beca becaus use e that that was was the the name name unde under r


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whic which h he was was alwa always ys iden identi tifi fied ed by law law enfo enforc rcem emen ent t in

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connec connectio tion n with with the invest investiga igatio tion. n.

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THE COURT:

Let's t's see.

First of all, let me say

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that that a sent senten ence ce with within in the the guid guidel elin ine e rang range e is a reas reason onab able le

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sent senten ence ce for for the the crim crimes es to whic which h this this defe defend ndan ant t pled pled guil guilty ty. .

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So we reso resolv lved ed step step one one of the the Cros Crosby by proc proces ess. s.

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Now Now we need need to move ove ont onto step tep two two.

Woul Would d you you like ike

to spea peak to step tep two two --

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Yes. Yes.

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Whic Which h is for me to deter determi mine ne whet whethe her r the the

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sent senten ence ce shou should ld be base based d upon upon ever everyt ythi hing ng in the the reco record rd here here. .

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I thin think k what what I woul would d like like to high highli ligh ght, t, Your Your Hono Honor, r,

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is that that Mr. Mr. Shef Shefer erof ofsk sky y was was char charge ged d in a cons conspi pira racy cy that that

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span spanne ned d from from 1990 1990 to 1999 1999. .

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along, along, Mr. Shefer Sheferofs ofsky ky had alread already y volunt voluntary ary withdr withdrawn awn from from

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his his prio prior r acti activi viti ties es. .

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heal health th was was part part of the the reas reason ons s but but the the othe other r sign signif ific ican ant t part part

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was was a chan chang ge of life life. .

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gran grandc dchi hild ldre ren. n.

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For For some someon one e that that got got invo involv lved ed in doin doing g the the thin things gs that that have have

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been been desc descri ribe bed d in the the Russ Russia ian n comm commun unit ity y main mainly ly he regr regret ets s

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that that. .

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to assi assist st the the gove govern rnme ment nt, , not not only only to help help hims himsel elf f but but also also to

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make make amen amends ds for for what what he had had done done. .

By the the time time the the gove govern rnme ment nt came came

Ther There e is no doub doubt t and and we know knowle ledg dge e that that

Mr. She Shefer ferofsk ofsky y is now now 61. 61.

He has has five five

He fort fortun unat atel ely y has has a very very supp suppor orti tive ve fami family ly. .

And And to that that end dete determ rmin ined ed rath rather er earl early y on in the the game game


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The The two two offen ffense ses s that hat he pled led to I thi think we need eed to

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desc descri ribe be for for a brie brief f mome moment nt. .

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whit white e deta detail il in the the PSR PSR whic which h was was done done back back in 2002 2002 beca becaus use e

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Mr. Mr. Shef Shefer erof ofsk sky y has has been been acti active vely ly coop cooper erat atin ing g sinc since e the the year year

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2000 2000 and and cont contin inue ues s to, to, and and has has pled pledge ged d to cont contin inue ue to

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coop cooper erat ate e with with the the Unit United ed Stat States es incl includ udin ing g test testim imon ony y if any any

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requ requir ired ed at any any tria trials ls. .

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They They were were desc descri ribe bed d in blac black k and and

The The firs first t one, one, of cour course se, , is the the exto extort rtio ion. n.

The The one one

that that I woul would d like like to focu focus s on is the the exto extort rtio ion n of Vlad Vladim imir ir

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Krec Krechm hmar ar that that incl includ uded ed the the "kid "kidna napp ppin ing" g". .

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fall falls s with within in the the defi defini niti tion on unde under r Titl Title e 18 of kidn kidnap appi ping ng, , but but

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what what we have have here here is some someon one e that that was was a crim crimin inal al hims himsel elf, f,

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Vlad Vladim imir ir Krec Krechm hmar ar. .

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inve invest stor ors. s.

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stab stabil ilit ity y but but also also thei their r pers person onal al safe safety ty. .

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othe others rs knew knew Vlad Vladim imir ir Krec Krechm hmar ar. .

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had had done done somet somethi hing ng fool foolis ish. h.

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stre street et and and they they did did hold hold him. him.

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wire wire tran transf sfer er the the mone money y back back so the the inve invest stor ors s woul would d not not be

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out.

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Ther There e is no doub doubt t it

He had had stol stole e $750 $750,0 ,000 00 from from a grou group p of

Whic Which h was was thre threat aten enin ing g not not only only thei their r fina financ ncia ial l Mr. Mr. Shef Shefer erof ofsk sky y and and

He was was the the hero heroin in addi addict ct. .

He

They They did did pick pick him him up off off the the He did did make make arra arrang ngem emen ents ts to

Afte After r the the wire wire tran transf sfer er they they paid paid for for and and plac placed ed him him

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in an expe expens nsiv ive e reha rehab b cent center er in Long Long Isla Island nd, , New New York York. .

When When

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he was was comp comple lete ted d with with his his reha rehab b and and drug drug free free, , Mr. Mr. Krec Krechm hmar ar's 's

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own own fath father er met met with with Mr. Mr. Shef Shefer erof ofsk sky y and and othe others rs and and dete determ rmin ined ed

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that that the the best best plac place e for for him him to try try to stay stay out out of trou troubl ble, e,


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both both with with drug drugs s and and crim crimin inal al acti activi vity ty, , woul would d be to Isra Israel el. .

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They They paid paid for for his his way way to Isra Israel el and and cont contin inue ued d to fina financ ncia iall lly y

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supp suppor ort t him, him, both both the the fath father er and and Mr. Mr. Shef Shefer erof ofsk sky, y, for for almo almost st a

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year thereafte thereafter. r.

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The The only only reas reason on Mr. Mr. Krec Krechm hmar ar is not not here here toda today y to

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test testif ify y on beha behalf lf of Mr. Shef Shefer erof ofsk sky y in sent senten enci cing ng, , is he is

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unfo unfort rtun unat atel ely y in trou troubl ble e agai again n and and is in pris prison on. .

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That That is the the circ circum umst stan ance ces s --

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Wher Where e is he in pris priso on?

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I will ill fin find out. out.

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Wher Where e is Mr. Mr. Krec Krechm hmar ar in jail jail? ?

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New New York York State State, , Your Your Honor Honor. .

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Oka Okay.

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That That does doesn' n't t excu excuse se the the cond conduc uct t but but I

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thin think k it expl explai ains ns and and goes oes a long long way to put it in

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perspective.

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As far far as Mr. Mr. Shef Shefer erof ofsk sky' y's s coop cooper erat atio ion n the the

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gove govern rnme ment nt has has deta detail iled ed it in its its 5K lett letter er. .

And, And, of cour course se, ,

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this this morn mornin ing g thro throug ugh h no-fa no-faul ult t of Mr. Mr. Fire Firest ston one, e, it is more more my

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faul fault t beca becaus use e of the the leng length th of time time Mr. Mr. Shef Shefer erof ofsk sky y was was

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cooper cooperati ating ng there there is a very very signif significa icant nt piece piece of inform informati ation on

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is put put on the the reco record rd to be incl includ uded ed for for Your Your Hono Honor' r's s

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consideration.

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Oka Okay.

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That That is some someth thin ing g that that the FBI FBI and and the the


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U.S. U.S. Atto Attorn rney ey's 's Offi Office ce has has been been very very plea please se with with. .

In fact fact the the

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FBI FBI thro throug ugh h ^ Spec Specia ial l Agen Agent t Andr Andre e Cice Cicero ro, , who who is seat seated ed -- who who

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is stan standi ding ng for for Your Your Hono Honor, r, is here here not not as a witn witnes ess s as the the

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FBI FBI some someti time mes s does does as a case case agen agent t to repo report rt the the stat statis isti tics cs, ,

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but but here here to supp suppor ort t of Mr. Mr. Shef Shefer erof ofsk sky. y.

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ques questi tion ons s abou about t any any coop cooper erat atio ion n he woul would d answ answer er it to the the best best

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of his his abil abilit ity. y.

If Your Your Hono Honor r had had any any

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Oka Okay.

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So Mr. Mr. Shef Shefer erof ofsk sky y coop cooper erat ated ed from from 2000 2000

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to the the pre present sent. .

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I poin pointe ted d out out in our our sent senten enci cing ng memo memora rand ndum um to the the detr detrim imen ent t of

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his his healt ealth. h.

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peop people le that that he wore wore a body body reco record rder er agai agains nst t are are not not the the most most

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safe safe indi indivi vidu dual als s in this this area area. .

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doin doing g this this his his life life woul would d be at risk risk. .

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He is cont ontinui inuin ng to coop coope erat rate.

That hat is in two two ways ways. .

He did did so as

One is, is, obvi obviou ousl sly, y, the the

So that that if he was was disc discov over ered ed

Also Also his his cont contin inui uing ng heal health th prob proble lems ms. .

He has has been been in

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and and out out of the the hosp hospit ital al but but he cont contin inue ues s when whenev ever er he was was out out

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of the the hosp hospit ital al to coop cooper erat ate e as much much as he coul could d proa proact ctiv ivel ely y

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as oppo oppose sed d to just just the the vast vast amou amount nt of hist histor oric ical al info inform rmat atio ion n

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that that Mich Michae ael l has has cont contin inue ued d to give give. .

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week weeks s ago ago we met met with with Mr. Mr. Fire Firest ston one e and and seve severa ral l FBI FBI agen agents ts

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just just to go thro throug ugh h some some thin things gs of part partic icul ular ar inte intere rest st agai again n to

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the governmen government. t.

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Incl Includ udin ing g up to seve severa ral l

As for for his his heal health th, , obvi obviou ousl sly, y, it is laid laid out out in the the doct doctor ors s reco record rds s we also also supp suppli lied ed. .

We deta detail iled ed the the doct doctor ors' s'


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docu docume ment nts s back back in 2002 2002 to prob probat atio ion n so we did did not not incl includ ude e them them

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in our our sent senten enci cing ng memo memora rand ndum um to Your Your Hono Honor, r, but but it woul would d not not

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be hype hyperb rbol ole e to say say that that Mr. Mr. Shef Shefer erof ofsk sky y heal health th is very very poor poor

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from from hear heart t prob proble lems ms to his his bout bouts s with with canc cancer er, , his his cont contin inui uing ng

5

moni monito tori ring ng for for both both of thos those e ailm ailmen ents ts. .

6

psycho psycholog logica ical l depres depressio sion n and the alcoho alcohol l consum consumpti ption on based based

7

upon upon a fact factor or in his his upbr upbrin ingi ging ng and and cult cultur ural al issu issues es and and what what

8

has has been been goin going g on late lately ly in his his life life. .

9

To add to that that his his

What What I thin think k is just just as impo import rtan ant t is the the

10

rehabi rehabilit litati ation on aspect aspects s that that Mr. Shefer Sheferofs ofsky ky had withdr withdrawn awn from from

11

crim crimin inal al activ activit ity. y.

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respon responsib sibili ility, ty, he move move forwar forward, d, he assist assisted ed the govern governmen ment. t.

13

He unde unders rsta tand nds s what what he did. did.

He accep accepte ted d

I thin think k what what that that does does is that that give gives s cour court t a wind window ow

14

of what what the the curr curren ent t pers person on that that stan stands ds befo before re you you is abou about. t.

15

Mr. Mr. Shef Shefer erof ofsk sky y was was arre arrest sted ed in 2000 2000. .

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crim crime e free free and and livi living ng a law law abid abidin ing g life life sinc since e then then, , whic which h is

17

a sign signif ific ican ant t peri period od of time time for for the the cour court t to take take some some

18

comf comfor ort t that that this this will will not not happ happen en agai again, n, but but he has has been been

19

assi assist stin ing g the the gove govern rnme ment nt. .

20

Atto Attorn rney ey, , and and havi having ng been been one one myse myself lf, , one one of the the conc concer erns ns that that

21

ever everyo yone ne look looks s at is is ther there e any any conc concer ern n that that this this indi indivi vidu dual al

22

will will reci recidi diva vate te and and get get invo involv lved ed in crim crime e agai again. n.

23

thin think k that that the the gove govern rnme ment nt has has any any doub doubt t that that Mr. Mr. Shef Shefer erof ofsk sky y

24

will will cont contin inue ue to live live a law law abid abidin ing g life life and and cont contin inue ue to be a

25

prod produc ucti tive ve memb member er of soci societ ety, y, and and cont contin inue ue to assi assist st the the

He has has been been not not only only

Talk Talkin ing g with with the the Assi Assist stan ant t U.S. U.S.

I don' don't t


13

1

Unit United ed Stat States es to the the exte extent nt they they are are will willin ing g to acce accept pt the the

2

coop cooper erat atio ion n and and it is some someth thin ing g sign signif ific ican ant. t.

3

I don' don't t beli believ eve e that that the the gove govern rnme ment nt obje object cts s at all all to what what we

4

are are aski asking ng for for whic which h is a nonnon-cu cust stod odia ial l sent senten ence ce, , Your Your Hono Honor. r.

5

Base Based d upon upon that that

Last Lastly ly, , I woul would d just just say say that that give given n his his age, age, his his

6

heal health th, , his his reha rehabi bili lita tati tion on that that this this is a pers person on that that is

7

suit suited ed for for what what we are aski asking ng. .

8

depa depart rtur ure e down down to a nonnon-cu cust stod odia ial l sent senten ence ce. .

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I won' won't t repe repeat at what what is in the the memo memora rand ndum um but but that that is why why I

That That is a sign signif ific ican ant t I thin think k that that and and

10

rais raised ed the the issu issues es of how how the the guid guidel elin ines es obvi obviou ousl sly y it is a

11

reas reason onab able le rang range e but but how they they are are skew skewed ed in this this part partic icul ular ar

12

inst instan ance ce base based d upon upon a 25 year year old old conv convic icti tion on and and the the numb number ers s

13

of poin points ts that that are are incl includ uded ed. .

14 15


Does Does the the gove govern rnme ment nt have have anyt anythi hing ng to add add

to what what is alre alread ady y writ writte ten n and and said said? ?

16


No, No, Your Your Honor Honor. .

17

We don' don't t take take a posi positi tion on, , obvi obviou ousl sly, y, on what what

18

sent senten ence ce the the Cour Court t shou should ld impo impose se. .

19

we have have no reas reason on to beli believ eve e that that the the defe defend ndan ant t woul would d go back back

20

into into crim crimin inal al acti activi viti ties es. .

21

sometime.

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23

MR. MR. FIR FIRESTO ESTON NE:

24 25

I agre agree e with with Mr. Mr. Stal Stall l that that

He has has been been out out of it for for quit quite e

Is ther there e any any rest restit itut utio ion n here here? ? No.

I beli belie eve that that is add address ressed ed in

the the adde addend ndum um to the the -THE THE COU COURT: RT:

Let Let me jus just take take a look look. .


1


2


3


14

You You agre agree e with with Prob Probat atio ion? n? Yes, Yes, absolu absolute tely ly. .

I just ust nee needed ded to cove cover r that that. .

Sin Since thi this

4

case case deal deals s with with an exto extort rtio ion n rest restit itut utio ion n is ofte often n part part of the the

5

sentence.

6


It would would be exce except pt for the the fact fact as

7

indi indica cate ted d in the the prob probat atio ion n repo report rt, , the the vict victim ims s are are eith either er

8

unid uniden enti tifi fiab able le, , dead dead or were were exto extort rted ed of mone money y whic which h was was

9

itself itself the procee proceeds ds of crimin criminal al activi activity. ty.

10


All All right right. .

11

Mr. Mr. Shef Shefer erof ofsk sky, y, is ther there e anyt anythi hing ng that that you you woul would d

12

like like to say say befo before re I sent senten ence ce you? you?

13


14


15

THE THE DEFE DEFEND NDAN ANT: T:

16

all all my lif life.

17

fam family. ily.

18

mist mistak ake e in my life life. .

19

Yes. Yes.

Plea Please se. . Hono Honora rabl ble e Judg Judge, e, I am very very sorr sorry y for for

I apol apolo ogize gize to the the gove govern rnme ment nt, , to you, you, to my

I nev never go back back to cri crimina minal l act activi ivity. ty.

I grew grew up in a tough ough cou country ntry. .

This This was was a

My gra grandfa ndfat ther her was

20

shot shot like like he was was figh fighti ting ng the the comm commun unis ism. m.

I don' don't t know know, , but but I

21

thin think k if you you give ive me a chan hance, ce, don't on't go in jai jail, I thin think k I

22

will be a good citizen.

23

say saying. ing.

I am really sorry is what I am

I am sorr sorry y.

24


Than Thank k you you.

All All righ right t.

25

Are Are you you read ready y to be sent senten ence ced? d?


1

THE THE DEFE DEFEND NDAN ANT: T:

2


15

Yes, Yes, sir. sir.

Well Well, , I have have consi conside dere red d all all of the

3

fact factor ors s unde under r Sect Sectio ion n 3553 3553(a (a) ) of Titl Title e 18 of the the Unit United ed Stat States es

4

Code Code in reac reachi hing ng my dete determ rmin inat atio ion n as to the the sent senten ence ce. .

5

I have have cons consid ider ered ed the the gove govern rnme ment nt's 's subm submis issi sion on of the the

6

moti motion on purs pursua uant nt to 5K1.1 5K1.1 of the the sent senten enci cing ng guid guidel elin ines es. .

7

gran grant t the the moti motion on to sent senten ence ce belo below w the the guid guidel elin ine e rang range e and and any any

8

applicabl applicable e statutory statutory minimum. minimum.

9 10 11 12 13 14

I

I am goin going g to sent senten ence ce the the defe defend ndan ant t as foll follow ows: s: On coun counts ts one one and and two two of the the supe superc rced edin ing g info inform rmat atio ion n in whic which h he is charg charged ed. .

The The sent senten ence ce is as foll follow ows. s.

Thre Three e year years s prob probat atio ion. n.

A full full fina financ ncia ial l disc disclo losu sure re

to the Probat Probation ion Office Officer. r. The defend defendant ant shall shall partic participa ipate te in substa substance nce abuse abuse

15

treatm treatment ent with with a treatm treatment ent provid provider er select selected ed by the Probat Probation ion

16

Depart Departmen ment t if the Probat Probation ion Depart Departmen ment t deems deems such such treatm treatment ent to

17

be advi advisa sabl ble. e.

18

reside residenti ntial al treatm treatment ent as determ determine ined d by the Probat Probation ion

19

Department.

20 21 22

The The trea treatm tmen ent t may may incl includ ude e outp outpat atie ient nt or

The The defe defend ndan ant t shal shall l abst abstai ain n from from all all ille illega gal l substa substance nces s and or alcoho alcohol. l. The The defe defend ndan ant t shal shall l cont contri ribu bute te to the the cost cost of any any

23

serv servic ices es rend render ered ed by a co-p co-pay ayme ment nt in an amou amount nt to be

24

dete determ rmin ined ed by the the Prob Probat atio ion n Depa Depart rtme ment nt base based d on the the

25

defe defend ndan ant' t's s abil abilit ity y to pay pay and and or the the avai availa labi bili lity ty of a thir third d


1 2

16

party payment. payment. The The defe defend ndan ant t shal shall l part partic icip ipat ate e in a ment mental al heal health th

3

trea treatm tmen ent t prog progra ram m as requ requir ired ed and and dire direct cted ed by the the Prob Probat atio ion n

4

Depa Depart rtme ment nt and and cont contri ribu bute te to the the cost cost of thos those e serv servic ices es

5

render rendered ed or any psycho psychotro tropic pic medica medicatio tions ns prescr prescribe ibed d by a

6

co-p co-pay ayme ment nt or full full paym paymen ent t in an amou amount nt to be dete determ rmin ined ed by

7

the Probat Probation ion Depart Departmen ment, t, based based upon upon the defend defendant ant's 's abilit ability y

8

to pay pay and and or the the avai availa labi bili lity ty of thir third d part party y paym paymen ents ts. .

9 10

If the the defe defend ndan ant t is depo deport rted ed -- is the the defe defend ndan ant t a U.S. citizen? citizen?

11


12


13 14 15 16 17 18

He is a gree green n card card holde holder. r.

If the the defe defend ndan ant t is depor deporte ted d he may may not not

reente reenter r the United United States States illega illegally lly. . Ther There e is a $150 $150 spec specia ial l asse assess ssme ment nt whic which h is mand mandat ator ory, y, that that is $75 $75 per per coun count. t. Any Any peri period od of supe superv rvis ised ed rele releas ase e has has as a spec specia ial l cond condit itio ion n a proh prohib ibit itio ion n on the the poss posses essi sion on of a fire firear arm. m. You You have have the the righ right t to appe appeal al your your sent senten ence ce with with the the

19

Unit United ed Stat States es Cour Court t of Appe Appeal als s for for the the Seco Second nd Circ Circui uit t if you you

20

beli believ eve e the the Cour Court t has has not not prop proper erly ly the the law law in sent senten enci cing ng you. you.

21

The The time time to appe appeal al is extr extrem emel ely y limi limite ted. d.

22

shou should ld disc discus uss s with with your your atto attorn rney eys s whet whethe her r an appe appeal al woul would d be

23

approp appropria riate te in this this case. case.

Ther Theref efor ore, e, you you

24

Does Does the govern governmen ment t have have anythi anything ng else? else?

25


No, No, Your Your Hono Honor, r, that that is all. all.


1


Does Does the the defe defens nse? e?

2



3


4


Are Are you you movi moving ng to seal seal the reco record rd? ?

5



6


7


8


9

Good Good luck luck to you. you.

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25


Yes, Yes, Your Your Hono Honor. r. Ther There e is no oppo opposi siti tion on. .

The The moti motion on is gran grante ted. d.

(Matter (Matter Concluded. Concluded.) )

17

Michael Sater aka Sheferofsky 2006 Sentencing Hearing Transcript

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