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UPCOMING COURT HEARINGS & BASIC INFO Presiding Judge in Mark F. Cohn criminal case: Disclaimer: The "Four Star Financial Services, LLC" entity referred to throughout this site is in no way associated with "Four Star Financial, Inc." - the Indiana mortgage broker.
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The purpose of this website is to educate and empower Four Star’s investors. The site has been created as a resource and communication tool that will enable the sharing and reviewing of information. The legal documents posted here are publicly available as court records. Documents are published as PDF files, and require the free Adobe Acrobat Reader to read. Click here to download the free Adobe Acrobat Reader. Four Star is a complex case. To help victims fully understand its intricacies and to stay informed, it is hoped that a centralized place with access to relevant information will allow investors to uncover the truth. Please keep checking back for updates. If you have any information such as documents, tips or leads that might help in the investigation of Four Star, please contact info@fourstarfraud.com. News November 16, 2009 Four Star Executive Sentenced to PrisonAccording to newly filed court records, Four Star executive Ronald I. Anson has been sentenced to two years in prison for his role in an alleged tax evasion scheme. The sentence also includes three years of supervised release and restitution of $1,853,282. Anson is scheduled to begin serving his sentence on January 11th of 2010. Federal authorities are recommending Anson be imprisoned at the Taft Correctional Institution near Bakersfield, California. October 07, 2009 Another Delay In Anson SentencingThere's yet another postponement in the sentencing of Four Star executive Ronald Anson. Anson's sentencing is now scheduled for Monday November 16th at 11 am before U.S. District Court Judge George H. King, Courtroom 650, Roybal Federal Building, 255 East Temple Street, Los Angeles. The reason for the latest change in sentencing date was not disclosed in court papers. Anson was scheduled to be sentenced on November 9th. October 05, 2009 New Sentencing Date Set For Ronald AnsonAccording to court papers, a new sentencing date has been scheduled for Four Star executive Ronald Anson. Anson will now be sentenced on Monday November 9th at 11 am before U.S. District Court Judge George H. King, Courtroom 650, Roybal Federal Building, 255 East Temple Street, Los Angeles. September 16, 2009 Cohn motion to modify probation rejectedMark Cohn's bid to modify his probation has been rejected by a federal court Judge. Judge Frederick Martone's order denying Cohn's request was issued last week in U.S. District Court Arizona. Cohn had sought to either eliminate the remainder of his two year home detention sentence or have it modified to allow any overnight travel (including trips abroad) credited toward his home detention term. Among other things, Cohn argued the modification would help him in his efforts at recovering money for victims of the Four Star fraud. But in his order, Judge Martone brushed aside Cohn's argument, writing: "We are of the view that the 'changed circumstances' are insufficient to justify a modification of the home detention term. While the deletion of that term may promote some of the objectives of sentencing, it would defeat others." September 06, 2009 4Star & Garrett Bankruptcy UpdatesAccording to court documents filed August 13th, the Judge overseeing the Four Star bankruptcy case has upheld the Trustee’s objection to a priority unsecured claim filed by the U.S. Department of Justice. The DOJ had filed a priority unsecured claim of more than $1 million that resulted from a judgment penalty it obtained in the Four Star telemarketing fraud conviction. The Judge’s order upholding the Trustee’s objection means the DOJ’s million dollar claim will become subordinate to general unsecured claims filed by other creditors in the bankruptcy. Meantime, all Four Star investors are finding their claims in the Jack E. Garrett bankruptcy case objected to and disallowed. The Trustee overseeing Garrett's bankruptcy estate says Garrett is not personally liable for company actions and damages caused by Four Star – even though Garrett signed investor agreements. September 05, 2009 Comerica bank seeks to dismiss investor-victim lawsuitComerica bank has filed a motion seeking to dismiss a lawsuit filed against it by a group of victims of the Four Star fraud. The suit by Four Star investors accuses the banking giant of complicity in the Four Star Ponzi. In court papers filed August 28th, Comerica disputes the allegations and says the investor-victim claims are barred by statute of limitations. A court hearing on the move to dismiss the complaint has been scheduled for October 30th. Four Star executive seeks to modify terms of probation According to newly filed court papers in U.S. District Court Arizona, Mark F. Cohn is seeking to modify his probation sentence in the Four Star Ponzi case. Cohn was sentenced to five years probation and two years home detention last year for his role in the Ponzi. According to court documents, Cohn wants the home detention requirement of his sentence dropped or, alternatively, modified to allow any overnight travel (including trips abroad) credited toward his home detention term. The Four Star executive says the probation modification is needed, in part, to help support his efforts (which involve travel) at earning and recovering money for victims of the Four Star fraud. U.S. prosecutors are opposing Cohn’s motion. If any Four Star victims wish to comment on the Cohn motion they can contact Evan J. Davis at the Office of U.S. Attorney: Evan.Davis@usdoj.gov September 02, 2009 S.E.C. Madoff Inquiries Were Incompetent, Report SaysBy THE ASSOCIATED PRESS WASHINGTON (AP) -- The watchdog of the Securities and Exchange Commission has found that three agency exams and two investigations of Bernard Madoff's business were incompetent, despite ample warnings of the multibillion-dollar fraud. But SEC inspector general David Kotz's report found no evidence of any improper ties between agency officials and Madoff. Despite speculation that senior SEC officials may have tried to influence the probes, a summary of Kotz's report released Wednesday also found no evidence of that. The SEC enforcement staff, conducting investigations of Madoff's business, "almost immediately caught (him) in lies and misrepresentations, but failed to follow up on inconsistencies" and rejected whistleblowers' offers to provide additional evidence, the report says. One of the most striking points in the report is that the investigations actually may have made things worse. "Madoff proactively informed potential investors that the SEC had examined his operations" and found nothing amiss, it says. The fact that three SEC inspections and two investigations failed to detect the fraud gave credibility to Madoff's operations and encouraged more people to give him their money. Revelations in December of the agency's failure to uncover Madoff's massive Ponzi scheme over a decade touched off one of the most painful scandals in the agency's 75-year history. Between June 1992 and last December, when Madoff confessed, the SEC received six "substantive complaints that raised significant red flags" regarding Madoff's operations. But "a thorough and competent investigation or examination was never performed," the report says. Many of the SEC staff who conducted the investigations were "inexperienced," according to the report. Even more surprising, the two exams were being conducted at the same time in different SEC offices without either location being aware of the other's action. It was Madoff himself who told one of the inspection teams that he'd already given the information they sought to the other team, according to the report. Madoff pleaded guilty in March. He is serving 150 years in federal prison in North Carolina for a pyramid scheme that destroyed thousands of people's life savings, wrecked charities and gave already-rattled confidence in the financial system another jolt. The legions of investors who lost money included ordinary people, Hollywood celebrities and scores of famous names in business and sports -- as well as big hedge funds, international banks and charitable foundations in the U.S., Europe and Asia. August 28, 2009 Anson Sentencing PostponedAccording to newly filed court papers, Ronald Anson's sentencing (scheduled for Monday August 31st) has been postponed again. No date has been set yet for a rescheduled court sentencing. And no reason was given for the last-minute postponement. July 23, 2009 Four Star victims sue Comerica BankMore than 40 victims of the Four Star Ponzi scheme, representing at least $50 million in investor losses, have joined together and filed suit against Comerica bank in federal district court in Northern California. The plaintiffs accuse the banking giant of complicity in the Ponzi fraud which resulted in upwards of $129 million in total losses to investors. According to the lawsuit: “Four Star would not have been able to operate the Four Star Ponzi Scheme but for the active and knowing cooperation and assistance of Comerica and DOES 1-100…” A copy of the complaint has been posted here on the documents page of the website. Comerica, a Dallas-based bank, took $2.25 billion from the U.S. government bank rescue fund. July 07, 2009 Garrett sentencedAccording to recently filed court papers, Four Star executive Jack Garrett received the following sentence for his role in an illegal hotel partnership tax scheme: Garrett was sentenced to three years of probation and will serve 12 months in home detention. His whereabouts will be monitored by an electronic device that the Four Star executive will have to wear. In addition, Garrett has been ordered to pay $357,906 in restitution, which the government alleges is the total amount of government tax loss from Garrett preparing and signing a false tax return. June 03, 2009 Trustee Reaches Proposed $4.9 Million Settlement With RobertsAccording to recently filed court documents, the Four Star Trustee has reached a proposed settlement in his litigation against Four Star insider David Roberts. The proposed settlement shows Roberts agreeing to pay $4.9 million to settle the dispute without any admission of liability. If approved by the court, attorneys hired by the Trustee to pursue the case as well as creditor Credit Suisse bank will both net huge payments -- more than $3 million in fees and net recovery proceeds. According to court filings, here’s a breakdown of the proposed attorney payments and net proceeds from recovery: - $926,111.61 contingency fee to Trustee litigation counsel, Frandzel, Robins, Bloom & Csato. According to the court filing, the Trustee currently has $2,395,978.18 of funds on hand that he has recovered in the bankruptcy case. The $4,900,000.00 from the Roberts’ case is being held in a segregated Trust account pending court approval of the proposed settlement and release of funds. Four Star Trustee Files Objection To DOJ Claim In newly filed court papers, the Four Star Bankruptcy Trustee is objecting to a “priority unsecured” claim filed by the U.S. Department of Justice. The DOJ's claim stems from a $1,019,136.97 criminal fine it obtained against Four Star in the federal telemarketing fraud case. Four Star and former Four Star executive Mark Cohn were prosecuted and convicted in that criminal trial. Now the Four Star Trustee is seeking to disallow the “priority status” of the DOJ claim, which is one of hundreds of creditor/investor claims filed in the bankruptcy action. In its filing, the Trustee states: A hearing on the objection has been scheduled for July 17th at 10 am before federal bankruptcy Judge Thomas B. Donovan. May 20, 2009 Four Star UpdateIn a sign that the Four Star bankruptcy is now close to wrapping up, the Trustee overseeing the case is in the process of hiring special counsel to help finalize creditor claims. In court papers, the Trustee included the following key figures about the claims filed in the Four Star bankruptcy: General unsecured claims - $205,384,200.89 The Trustee noted in his filing that the only remaining major litigation to be resolved is a lawsuit filed against Four Star insider and investor David Roberts. The Trustee is seeking to recover as much as $12 million in the Roberts case, which went to a court trial earlier this year. The Judge has yet to issue a verdict in the case. SEC – Madoff – Four Star It’s unfortunate that no one has challenged the Securities and Exchange Commission over its handling of the Four Star matter. Like in the Madoff case, Four Star was investigated by government regulators at the Securities and Exchange Commission back in 2000 and 2001 and cleared of any wrongdoing. Had the SEC been doing its job competently and aggressively many victims would have been spared losing their life’s savings in the Four Star fraud. Let's hope the Obama Administration is serious about reforming an agency that's grown too cozy with deal-making financiers. The SEC needs to be back in the business of truly protecting investors. WSJ article on Madoff funders Article from the Wall Street Journal on how some investors and feeder fund money managers in the Madoff fraud are busy scrambling to invoke the "I knew nothing" and "I was a victim" defense -- a common cry heard in the Four Star Ponzi case as well. The criminal investigation into who knew about Bernard L. Madoff's massive fraud has expanded to include some of his highest-profile investors, according to people familiar with the matter. Jeffry Picower and Stanley Chais, two philanthropists who invested heavily with Mr. Madoff, and Carl Shapiro, one of the money manager's oldest friends, are among at least eight Madoff investors and associates being scrutinized by the U.S. attorney's office in Manhattan, these people said. Federal investigators have gathered evidence they think will show that Messrs. Picower and Chais told Mr. Madoff how much in returns they wanted. Their accounts soon would reflect those amounts, people familiar with the investigation said. Prosecutors are continuing to probe Madoff family members and employees, but the investigation now includes investors who have claimed to be among the hardest-hit victims of the fraud, both directly and through their foundations. Mr. Madoff pleaded guilty in March and is set to be sentenced in June. Aiding investigators is their discovery that Mr. Madoff was a "meticulous" record keeper who kept correspondence between some clients and the firm, said people familiar with the probe. Prosecutors haven't charged any Madoff investors with criminal wrongdoing. A lawyer for Mr. Picower, 67 years old, said his client wasn't complicit in the fraud and suffered losses in the billions. A lawyer for Mr. Chais, 82, a money manager who channeled West Coast clients to Mr. Madoff's firm, said he was unaware of a criminal probe of Mr. Chais and his client didn't have knowledge of Mr. Madoff's Ponzi scheme. Mr. Chais "has cooperated fully" with investigators, the lawyer said. A representative for Mr. Shapiro, 96, said Mr. Shapiro had no knowledge of the fraud. Madoff Fraud Case In some cases, their returns reached 300% or 950% a year, Mr. Picard has alleged. The two men made withdrawals from Mr. Madoff's firm of more than $6 billion in supposed profits above and beyond the principal they deposited for themselves, family members and foundations, the lawsuits allege. Messrs. Picower and Chais have denied the claims, either directly or through their lawyers. A lawyer for Mr. Madoff declined to comment on Mr. Picard's allegations or the criminal probe of investors. Prosecutors are now weighing whether the actions and evidence cited in the civil lawsuits rise to the level of criminality, according to people familiar with the matter. More broadly, they are reviewing records to see if certain longtime investors had special access to Mr. Madoff, as well as whether they got specific returns in a manner that suggests they knew the returns were a fraud. Among the other Madoff investors and associates whose account records and other information kept by the Madoff firm are being scrutinized by the government for signs of complicity, according to people familiar with the matter: Frank Avellino, a Florida accountant who ran an investment fund that channeled client money to Mr. Madoff; Noel Levine, a real-estate investor who works out of a two-room office located next door to where Mr. Madoff ran his fraudulent investment operation, on the 17th floor of the Lipstick Building in Manhattan; and Palm Beach investor Robert Jaffe, a son-in-law of Mr. Shapiro who referred potential investors to Mr. Madoff. None of these people have been accused of criminal wrongdoing by the government. A lawyer for Mr. Avellino declined to comment. Mr. Levine, 89, said he had no knowledge of fraud and that he and his family lost millions of dollars. A spokesman for Mr. Jaffe said he had no knowledge of the fraud. A spokeswoman for the U.S. Attorney's office, which has brought criminal charges against only Mr. Madoff, 71, and his outside auditor, declined to comment. The auditor, David Friehling, who also had investments with Mr. Madoff, is out on bail. His lawyer has declined to comment. It's unclear why Mr. Madoff would allegedly have given some investors such high returns and why some investors allegedly made requests for specific gains. Mr. Picard's lawsuit against Messrs. Picower and Chais doesn't speak to possible motive, only alleging that the defendants knew or should have known they were "reaping the benefits" of "manipulated purported returns, false documents and fictitious reports." Originally from the New York City borough of the Bronx, Mr. Chais for many years lived as a money manager in Beverly Hills, Calif. He invested substantial client funds with Mr. Madoff. He now lives in New York. Accounts of Mr. Chais and his family averaged annual returns of 40% with Mr. Madoff, and as much as 300%, Mr. Picard alleged. Mr. Chais also requested fictitious losses from Mr. Madoff's firm, apparently to offset gains he made through other investments in order to avoid taxes, Mr. Picard alleged. Mr. Chais's foundation, wiped out in the scandal, had $178 million in assets as of 2007. In a letter to clients about Mr. Picard's suit, Mr. Chais said it was filled with "inaccuracies." Eugene Licker, a lawyer for Mr. Chais, said Mr. Chais is extremely ill, suffering from a blood disorder. Mr. Picower and his wife, Barbara, had two dozen accounts with Mr. Madoff and received annual returns of more than 100% in 14 instances, reaching as high as 950%, Mr. Picard alleged. Correspondence between Mr. Picower or one of his employees and the Madoff firm suggests complicity, Mr. Picard alleged. In May 2007, for example, a foundation employee named April Freilich requested gains on Mr. Picower's behalf, according to the suit. The Madoff firm then recorded purported trades in his account as having occurred in January and February 2006, according to the lawsuit. That and similar moves in May 2007 netted Mr. Picower $55 million in fictitious gains, the suit alleged. William Zabel, a lawyer for Mr. Picower, his wife and his foundation, said they were "totally shocked" by Mr. Madoff's fraud and "were in no way complicit in it." He said they and their foundation, now closed, lost billions of dollars. Mr. Zabel, who also represents Ms. Freilich, declined to comment on her behalf. Federal investigators are reviewing evidence that they think suggests Mr. Shapiro also knew his returns were fraudulent, according to people familiar with the matter. Unlike Messrs. Picower and Chais, Mr. Shapiro, a women's clothing entrepreneur, was never in the finance business. He is one of Mr. Madoff's oldest friends and biggest financial backers and helped Mr. Madoff start his investment firm in 1960. In 1971, Mr. Shapiro sold a clothing brand for about $20 million. Over the years, that sum grew to hundreds of millions of dollars and some say more than $1 billion, the vast majority of it from Mr. Madoff, according to people close to Mr. Shapiro. Mr. Shapiro personally lost an estimated $400 million from the fraud, including $250 million invested with Mr. Madoff 10 days before the fraud collapsed, said people familiar with the matter. His foundation lost more than $100 million. —Robert Frank contributed to this article. May 13, 2009 Madoff & Four StarTwo fraud cases with very similar stories. Watch the PBS Frontline documentary on Bernie Madoff: http://www.pbs.org/wgbh/pages/frontline/madoff/ May 11, 2009 Anson Sentencing Postponed Again -- Now 8/31/09According to newly filed court documents, the sentencing of Four Star executive Ronald I. Anson has once again been postponed. Anson's sentencing had been scheduled for May 18th. The new sentencing date and time: Monday August 31, 2009 at 11:00 a.m. before U.S. District Court Judge George H. King, Courtroom 650, Roybal Federal Building, 255 East Temple Street, Los Angeles. January 13, 2009 Anson Sentencing Postponed until May 18thAccording to newly filed court documents, the sentencing of Four Star executive Ronald I. Anson has once again been postponed. Anson's sentencing had been scheduled for January 26th. The new sentencing date and time: Monday May 18, 2009 at 11:00 a.m. before U.S. District Court Judge George H. King, Courtroom 650, Roybal Federal Building, 255 East Temple Street, Los Angeles. November 20, 2008 Ronald I. Anson Sentencing Postponed until January 26, 2009According to newly filed court documents, the sentencing of Four Star executive Ronald I. Anson has been postponed to January of 2009. The new sentencing date and time: Monday January 26, 2009 at 11:00 a.m. before U.S. District Court Judge George H. King, Courtroom 650, Roybal Federal Building, 255 East Temple Street, Los Angeles. October 08, 2008 Ronald I. Anson Sentencing Scheduled for December 8thFour Star executive Ronald I. Anson is scheduled to be sentenced for his role in a tax evasion scheme on December 8, 2008 at 11 am before U.S. District Court Judge George H. King, Courtroom 650, Roybal Federal Building, 255 East Temple Street, Los Angeles. Court records filed in May show federal prosecutors charged Anson with “conspiracy to defraud the United States” in an alleged scheme that resulted in a tax loss to the U.S. Treasury of approximately $9 million. Anson recently pleaded guilty to the federal charges. September 30, 2008 Mark Cohn Sentenced to Probation & Home DetentionFour Star executive Mark F. Cohn has been sentenced to five years probation and two years home detention for his role in defrauding investors in the multi-million dollar Four Star Ponzi scheme. According to one news report, before being sentenced on Monday, Cohn told Los Angeles U.S. District Judge Philip Gutierrez: "I wish I could erase all the bad things I did. No amount of apologies can correct or take away the pain I caused others. I will work hard to pay back the victims I have harmed." Cohn, who now resides in Arizona, was charged with conspiracy and wire fraud last October. He pleaded guilty to the charges and faced a maximum of 10 years in federal prison. Several victims spoke at Monday's sentencing hearing, describing how Cohn had ruined their financial lives, and urged the Court to impose a ten year maximum sentence. Instead, Judge Gutierrez gave Cohn five years probation, two years home detention and ordered him to perform 2,500 hours of community service. He was also ordered to attend mental health and substance abuse counseling, and pay $23 million in restitution to victims. However, prosecutors have acknowledged in court filings that in light of existing judgments against Cohn totaling at least $100 million, the Four Star executive is unlikely to "substantially" pay the restitution. September 23, 2008 Mark Cohn Sentencing Now Confirmed For September 29thAccording to newly filed court papers, the sentencing of Four Star executive Mark F. Cohn has now been rescheduled to Monday September 29th 10 am before Judge Philip S. Gutierrez, Courtroom 790, Roybal Federal Building, 255 E. Temple Street, Los Angeles. September 17, 2008 9/22 Cohn Sentencing Postponed
September 04, 2008 Feds Agree To Light Sentence for Cohn – Home Detention, No JailAccording to newly filed court papers, the Los Angeles U.S. Attorney’s Office has reached a sentencing agreement with Mark F. Cohn that would preclude the Four Star executive from serving additional prison time for his role in the Four Star Ponzi. Instead, the sentencing agreement (if approved by the court) would require “home detention” for Cohn for a period of two years, as well as place the Four Star executive on five years probation. Cohn’s sentencing hearing is scheduled for September 22nd at 10 am in Los Angeles. According to the sentencing recommendation, Four Star executives Jack Garrett and Ronald Anson have also pleaded guilty to federal felony charges stemming from a tax evasion scheme. To read the sentencing agreement, please click here. July 08, 2008 Government Files Charges Against Anson & Garrett Alleging Illegal Hotel Partnership Tax SchemeAccording to court papers, federal prosecutors have filed charges against Ronald I. Anson and Jack E. Garrett accusing the Four Star executives of participating in an illegal hotel partnership tax scheme. Court records filed in May show prosecutors charging Anson with “conspiracy to defraud the United States” in an alleged scheme that resulted in a tax loss to the U.S. Treasury of approximately $9 million. The U.S. Attorney’s Office accused Garrett of “aiding and assisting preparation of false tax return.” In its filing, federal prosecutors asserted that the total amount of government tax loss from Garrett’s “preparation and signing of these false returns is $357,906.” Both Anson and Garrett initially pleaded not guilty to the government allegations, but recent court filings indicate the two Four Star executives may be in the process of changing those pleas to guilty. In addition to serving as Four Star executives, Anson and Garrett were both certified public accountants. Prosecutors filed the charges in U.S. District Court for the Central District California. To read the charges against Anson, please click here. To read the charges against Garrett, please click here. June 12, 2008 Cohn Sentencing Moved To September 22The sentencing date for Four Star executive Mark F. Cohn has been moved again. It's now scheduled for September 22 at 10 am before Judge Philip S. Gutierrez, Courtroom 790, Roybal Federal building, 255 E. Temple Street, Los Angeles. Reasons for the postponement were spelled out in newly filed court papers. Here’s an extended excerpt: “… (rescheduled) to permit the parties to fully review recently obtained trial transcripts, trial exhibits, and financial records, to determine whether to object to the Pre-Sentence Report (“PSR”). The parties anticipate that the additional time will permit the parties to limit issues for the Court’s determination, including related-conduct issues of first impression. The PSR was disclosed on March 13, 2008. Objections to the PSR would have been due on March 27, 2008, based on this disclosure date. The Court previously granted one extension of the sentencing date to permit the government sufficient time to obtain information related to possible PSR objections. The lengthy recommendation letter and PSR include a recommendation for reducing any sentence by the 57-month sentence imposed on defendant in a District of Maryland case. In addition, the PSR includes a 42-month recommended downward variance based on defendant’s health issues, caretaking issues for his children and wife, and post-offense rehabilitation. This second requested delay is directed at obtaining and analyzing further information to determine whether the Maryland telemarketing scheme is related to the instant Ponzi scheme, which may turn, in part, on the financial connection between the two schemes. This means the factual record will have to be further developed so that the parties and the Court will have sufficient information to determine the schemes’ factual interrelatedness. The parties are working toward limiting or eliminating factual disputes before filing any objections to the PSR. In the period since the Court granted the first continuance, the government has obtained hundreds of pages amounting to a partial transcript of defendant’s 20-day Maryland trial, plus trial exhibits. In addition, an IRS Special Agent has recently completed a weeks-long analysis of financial records. Defense counsel and government counsel met with the agent on June 6, 2008 and identified further possible financial analyses, which may necessitate obtaining additional exhibits from the Maryland trial.” For more information, please contact:
March 30, 2008 Cohn Sentencing Postponed Until July -- Concerns and Questions Raised Over Proposed Reduced Sentence For Four Star ExecutiveGovernment prosecutors have requested and been granted another postponement in the sentencing of Four Star Executive Mark F. Cohn. According to papers filed in Los Angeles U.S. District Court, the government sought a delay on the heels of concern about a pre-sentence report for Cohn. Here’s an excerpt from the court filing: The PSR was disclosed on March 13, 2008, although each party received its copy on March 14, 2008. Objections to the PSR would be due on March 27,2008, based on this disclosure date. The lengthy recommendation letter and PSR include a recommendation for reducing any sentence by the 57-month sentence imposed on defendant in a District of Maryland case. In addition, the PSR includes a 42-month recommended downward variance based on defendant’s health issues, caretaking issues for his children and wife, and post-offense rehabilitation. To determine whether to challenge the PSR, the government will need to perform additional legal research, obtain portions of defendant’s trial transcript, and review defendant’s sentencing transcript. The government may also seek to obtain a psychiatric expert to evaluate defendant, as the PSR refers to a report provided by defendant’s psychiatric expert. Government counsel has a week-long trial scheduled to begin on March 25, 2008, and an oral argument before the Ninth Circuit on April 8,2008. Given the press of these matters and the difficulty in obtaining required information with which to evaluate the PSR, the government is requesting additional time in which to file objections to the PSR. In so doing, to allow parties the full time allowed in which to file sentencing positions, the parties are also requesting that defendant’s sentencing date be moved.” |
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