Docket Report: USA v. Computer Associates International, Inc.
Criminal Case No. 1:04-cr-00837-ILG
U.S.
District Court, Eastern District of New York
(September 5, 2008)
The documents listed
in the docket report below can be obtained for a nominal charge from the
U.S. District Court for
the Eastern District of New York Electronic Document Filing System.
The following filings have been copied from the court record and can be
downloaded from the Forum web site:
-
4/19/2005, Docket #2: Order to Unseal Information as to Computer Associates
International, Inc.. (Ordered by Judge I. Leo Glasser on 4/13/05) (Entered:
04/19/2005) (1 page, 20 KB, in
PDF
format)
-
4/19/2005,
Docket #8: ORDER OF APPOINTMENT OF INDEPENDENT COUNSEL [sic] as to Computer
Associates International, Inc. Ordered by Judge I. Leo Glasser on 3/16/05.
(Entered: 04/19/2005) (6 pages, 143 KB, in
PDF
format)
-
4/19/2005, Docket #9: Letter dtd 3/31/05 from David B. Pitofsky to Judge
Glasser Regarding a request asking the court to enter a protective order
(Entered: 04/19/2005) (2 pages, 52 KB, in
PDF
format)
-
4/19/2005,
Docket #10: STIPULATION AND AGREED PROTECTIVE ORDER as to Computer
Associates International, Inc. . Ordered by Judge I. Leo Glasser on 3/31/05.
(Entered: 04/19/2005) (4 pages, 87 KB, in
PDF
format)
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5/15/07, Docket #19: MOTION to Dismiss
Information by USA as to Computer Associates International, Inc..
(Attachment: # 1 Declaration of Eric Komitee) (Entered:
05/15/2007) (2 pages, 8 KB, in
PDF
format)
-
5/21/2007,
Docket #20: ORDER dated 5/21/07 that the criminal information filed
against Computer Associates International, Inc. is DISMISSED with prejudice. (Ordered by Judge I. Leo Glasser on 5/21/07 ) (Entered: 05/21/2007) (1 page,
21 KB, in
PDF
format)
Copies of the referenced Deferred Prosecution Agreement and
its related Information can be downloaded from links in the following 2004
report:
U.S. District Court
Eastern District of New York (Brooklyn)
CRIMINAL DOCKET FOR CASE #: 1:04-cr-00837-ILG All Defendants
Case title: USA v. Computer Associates International, Inc. |
Date Filed: 09/17/2004
Date Terminated: 05/21/2007 |
Assigned to: Senior-Judge I. Leo
Glasser |
Defendant (1) |
Computer Associates International,
Inc.
TERMINATED: 05/21/2007 |
Pending Counts |
|
Disposition |
None |
Highest Offense Level (Opening) |
None |
Terminated Counts |
|
Disposition |
MANIPULATIVE AND DECEPTIVE DEVICES
(1) |
|
Dismissed by Government's motion |
TAMPERING WITH A WITNESS, VICTIM OR INFORMANT
(2) |
|
Dismissed by Government's motion |
Highest Offense Level (Terminated) |
Felony |
Complaints |
|
Disposition |
None |
Plaintiff |
USA |
represented by |
Amy Lynn Walsh
United States Attorneys Office
Criminal Division
147 Pierrepont Street
Brooklyn, NY 11201
(718) 254-6154
Fax: (718) 254-6076
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
David Brian Pitofsky
Goodwin Procter LLP
599 Lexington Avenue
New York, NY 10022
212-813-8972
Fax: 212-355-3333
Email: dpitofsky@goodwinprocter.com
TERMINATED: 04/22/2005
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Eric Ross Komitee
United States Attorney's Office
156 Pierrepont Street, 6th Floor
Brooklyn, NY 11201
718- 254-6240
Fax: 718- 254-7499
Email: eric.komitee@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED |
Date Filed |
# |
Docket Text |
03/28/2008 |
31 |
ORDER as to Computer Associates International,
Inc. It is ORDERED that Gilardi shall calculate the sums due and
distribute to the eligible claimants, the balance remaining in the
Restitution Fund plus accrued interest as stated in this order.
(see order for further details). Ordered by Senior Judge I. Leo
Glasser on 3/27/08. (Sica, Michele) (Entered: 03/28/2008) |
01/15/2008 |
30 |
ORDERING those claimants who are still
unjustifiably withholding the excess sums to which they are not
entitled to remit those sums upon receipt of this Order to Gilardi
and Co., LLC, 3301 Kerner Blvd., San Rafael, CA 94901. Ordered by
Senior Judge I. Leo Glasser on 01/15/08. (Chiodo, Marie) (Entered:
01/15/2008) |
01/11/2008 |
29 |
Letter dtd 10-12-07 as to Computer Associates
International, Inc. regarding the current status of the
administration and distribution of the fund to eligible claimants
(Sica, Michele) (Entered: 01/11/2008) |
01/09/2008 |
28 |
The Clerk of Court is hereby ordered to endorse a
reimbursement check received by the Court, and all such checks
which may be received in the future, made payable to the Computer
Associates Restitution Fund and forward them to Gilardi & Co.
Ordered by Senior Judge I. Leo Glasser on 1/8/2008.(Moskowitz,
Eve) (Entered: 01/09/2008) |
12/14/2007 |
27 |
ORDER INSTRUCTING ELIGIBLE CLAIMANTS TO RETURN
EXCESS RESTITUTION FUNDS as to Computer Associates International,
Inc. It is hereby ORDERED: that all eligible claimants,brokerage
houses and others who have received checks from the Restitution
Fund in this matter are required to return any overpayment in the
amount specified by Gilardi & Co. LLC. The obligation to return
the overpayment is mandatory. Ordered by Senior Judge I. Leo
Glasser on 12/14/07. (Sica, Michele) (Entered: 12/14/2007) |
12/14/2007 |
26 |
Letter dtd 12-14-07 To Judge Glasser From:
Kenneth R. Feinberg as to Computer Associates International, Inc.
updating the Court concerning this matter and ongoing efforts by
Gilardi & Co. LLC to rectify errors in the calculation and
distribution of checks to eligible claimants (Sica, Michele)
(Entered: 12/14/2007) |
12/13/2007 |
25 |
ORDER INSTRUCTING GILARDI & CO., LLC TO INITIATE
IMMEDIATE STEPS TO RECOVER RESTITUTION FUNDS. as to Computer
Associates International, Inc. (SEE ORDER FOR SPECIFIC
INSTRUCTIONS) *Certificate of Service & various letters attached.
Ordered by Senior Judge I. Leo Glasser on 12/13/07. (Sica,
Michele) (Entered: 12/13/2007) |
10/30/2007 |
24 |
Letter Regarding Restitution Fund Distribution
as to Computer Associates International, Inc. (Monahan, William)
(Entered: 10/30/2007) |
10/30/2007 |
23 |
ORDER as to Computer Associates International,
Inc. regarding the Order dtd 8-18-05, The Fund Administrator has,
in that submission, requested authorization to distribute the fund
to verified eligible Claimants, and it is hereby SO ORDERED. (see
order for further details). Ordered by Judge I. Leo Glasser on
10/26/07. (Sica, Michele) (Entered: 10/30/2007) |
10/19/2007 |
22 |
Letter filed and dated 10/19/07 as to
Computer Associates International, Inc. (Schwartz, Beth) (Entered:
10/19/2007) |
07/18/2007 |
21 |
Letter dtd 7-11-07 From Kenneth R. Feinberg, Fund
Administrator to Mr. Phillip Smith regarding the Restitution Fund
as to Computer Associates International, Inc. (Sica, Michele)
(Entered: 07/18/2007) |
05/21/2007 |
20 |
ORDER dated 5/21/07 that the criminal information
filed against Computer Associates International, Inc. is DISMISSED
with prejudice. ( Ordered by Judge I. Leo Glasser on 5/21/07 ) (Guzzi,
Roseann) (Entered: 05/21/2007) |
05/15/2007 |
19 |
MOTION to Dismiss Information by USA as to
Computer Associates International, Inc.. (Attachments: #
1 Declaration of Eric Komitee#
2 Proposed Order) (Komitee, Eric) (Entered: 05/15/2007) |
09/19/2006 |
18 |
Letter dtd 9/3/06 as to Computer Associates
International, Inc. informing the Court of a robbery that took
place on 8-12-06 (Sica, Michele) (Entered: 09/19/2006) |
09/14/2006 |
17 |
Letter from the Government Regarding the
Extension of the Term of the Independent Examiner as to
Computer Associates International, Inc. (Komitee, Eric) (Entered:
09/14/2006) |
03/09/2006 |
16 |
Letter dtd 2/23/06 as to Computer Associates
International, Inc. regarding the claim response date (Sica,
Michele) (Entered: 03/09/2006) |
08/22/2005 |
15 |
ORDER dated 8/18/05 that the proposed plan of
allocation for the restitution fund which was sbumitted to the
Court on 7/21/05 is hereby approved. ( Ordered by Judge I. Leo
Glasser on 8/18/05 ) (Guzzi, Roseann) (Entered: 08/22/2005) |
08/22/2005 |
14 |
PLAN OF ALLOCATION FOR THE RESTITUTION FUND.
Exhibits. Submitted by Kenneth R. Freinberg, Fund Administrator,
The Feinberg Group, LLP.(Guzzi, Roseann) (Entered: 08/22/2005) |
07/22/2005 |
13 |
Letter from Amy Walsh and Robert J. Giuffra to
the Court Regarding submission of Restitution Plan (Walsh, Amy)
(Entered: 07/22/2005) |
05/04/2005 |
12 |
ORDER DEFERRED PROSECUTION AGREEMENT as to
Computer Associates International, Inc. (EXHIBITS a-c ATTACHED) (Sica,
Michele) (Entered: 05/04/2005) |
05/04/2005 |
11 |
ORDER OF EXCLUDABLE DELAY FROM 09/22/04 TO
09/22/06 as to Computer Associates International, Inc. . Ordered
by Judge I. Leo Glasser on 10/6/05. (Sica, Michele) (Entered:
05/04/2005) |
04/22/2005 |
|
Attorney update: Amy Lynn Walsh for USA and Eric
Ross Komitee for USA added. Attorney David Brian Pitofsky
terminated. (Johnson, T.) (Entered: 04/22/2005) |
04/19/2005 |
10 |
STIPULATION AND AGREED PROTECTIVE ORDER as to
Computer Associates International, Inc. . Ordered by Judge I. Leo
Glasser on 3/31/05. (Sica, Michele) (Entered: 04/19/2005) |
04/19/2005 |
9 |
Letter dtd 3/31/05 from David B. Pitofsky to
Judge Glasser Regarding a request asking the court to enter a
protective order (Sica, Michele) (Entered: 04/19/2005) |
04/19/2005 |
8 |
ORDER OF APPOINTMENT OF INDEPENDENT COUNSEL as to
Computer Associates International, Inc. . Ordered by Judge I. Leo
Glasser on 3/16/05. (Sica, Michele) (Entered: 04/19/2005) |
04/19/2005 |
7 |
ORDER TO CONTINUE - Ends of Justice as to
Computer Associates International, Inc. Time excluded from
09/22/04 until 09/22/06. . Ordered by Judge I. Leo Glasser on
10/6/04. (Sica, Michele) (Entered: 04/19/2005) |
04/19/2005 |
5 |
ORDER DEFERRED PROSECUTION AGREEMENT as to
Computer Associates International, Inc. (EXHIBITS a-c ATTACHED).
Ordered by Judge I. Leo Glasser on 9/22/04. (Sica, Michele)
(Entered: 04/19/2005) |
04/19/2005 |
4 |
WAIVER OF INDICTMENT by Computer Associates
International, Inc. (Sica, Michele) (Entered: 04/19/2005) |
04/19/2005 |
3 |
INFORMATION as to Computer Associates
International, Inc. (1) count(s) 1, 2. (Sica, Michele) (Entered:
04/19/2005) |
04/19/2005 |
2 |
Order to Unseal Information as to Computer
Associates International, Inc.. (Ordered by Judge I. Leo Glasser
on 4/13/05) (Piper, Francine) (Entered: 04/19/2005) |
09/22/2004 |
6 |
Minute Entry for proceedings held before I. Leo
Glasser :for an Arraignment as to Computer Associates
International, Inc. (1) Count 1,2 held on 9/22/2004, Plea entered
by Computer Associates International, Inc. (1) Count 1,2. by
Computer Associates International, Inc. Not Guilty on counts All.
Case called, Deft. sworn. waiver of indictment executed for deft.
Deferred prosecution agreement entered. Proposed JGM and Permanent
Injunction under review. Speedy trial excluded from 9/22 until the
time at which agreement is complied with. After which the
government shall make a motion to dismiss the indictment
information. (Court Reporter Allan Sherman.) (Sica, Michele)
(Entered: 04/19/2005) |
09/17/2004 |
1 |
NOTICE of Intent to proceed under FRCrP 7(b) by
Computer Associates International, Inc. (Bowens, Priscilla)
(Entered: 09/22/2004) |
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09/05/2008 18:46:00 |
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