Case: United States v. Adams

United States of America v. Adams

UNREDACTED INDICTMENT FILED as to Sealed Defendant 1. (jm) (Not for Public view pursuant to Standing Order of the court, 24-mc-184.) (Entered: 09/26/2024)

SEALED REDACTED INDICTMENT as to Sealed Defendant 1 (1) count(s) 1, 2, 3-4, 5. (jm) (Entered: 09/26/2024)

Order to Unseal Indictment as to Sealed Defendant 1. (Signed by Magistrate Judge Katharine H. Parker on 9/25/24)(jm) (Entered: 09/26/2024)

Indictment Unsealed

INDICTMENT UNSEALED as to Eric Adams. (jm)

Case Designated ECF

Case Designated ECF as to Eric Adams. (jm)

Case as to Eric Adams ASSIGNED to Judge Margaret M. Garnett. (jm)

Case Assigned/Reassigned

Case as to Eric Adams REASSIGNED to Judge Dale E. Ho. Judge Margaret M. Garnett no longer assigned to the case.. (jm)

Notice of Hearing

NOTICE OF ATTORNEY APPEARANCE: Alex Spiro appearing for Eric Adams. Appearance Type: Retained. (Spiro, Alex) (Entered: 09/26/2024)

Terminate Deadlines and Hearings

LETTER MOTION addressed to Judge Dale E. Ho from Alex Spiro dated September 26, 2024 re: Arraignment . Document filed by Eric Adams. (Spiro, Alex) (Entered: 09/26/2024)

NOTICE OF ATTORNEY APPEARANCE Andrew Rohrbach appearing for USA. (Rohrbach, Andrew) (Entered: 09/26/2024)

NOTICE OF ATTORNEY APPEARANCE Derek Wikstrom appearing for USA. (Wikstrom, Derek) (Entered: 09/26/2024)

ENDORSED LETTER as to Eric Adams addressed to Judge Dale E. Ho from Attorney Alex Spiro dated September 26, 2024 re: I represent Mayor Eric Adams in the above-captioned case. We respectfully request to appear before Your Honor for the arraignment of Mayor Adams on Friday, September 27, or Monday, September 30. The Government does not object to our request. ENDORSEMENT: Application GRANTED. The case shall be referred to the Magistrate Judge on duty for an initial appearance and arraignment on September 27, 2024. In addition, an initial conference will be held on Friday, October 4, 2024, at 3:00 p.m. in a courtroom to be determined by the Court. The Clerk of Court is respectfully requested to close ECF No. 6. SO ORDERED. ( Initial Conference set for 10/4/2024 at 03:00 PM before Judge Dale E. Ho. )(Signed by Judge Dale E. Ho on 9/26/2024) (bw) (Entered: 09/26/2024)

SUPPLEMENTAL LETTER MOTION addressed to Judge Dale E. Ho from Alex Spiro dated September 26, 2024 re: 9 Endorsed Letter, Set Deadlines/Hearings,,,,,, re: Arraignment . Document filed by Eric Adams. (Spiro, Alex) (Entered: 09/26/2024)

NOTICE OF HEARING as to Eric Adams: The Initial Appearance/Arraignment for case 24-cr-0556-DEH-1 USA v. Adams is scheduled for Friday, September 27, 2024 at 12:00 p.m. in courtroom 26B of 500 Pearl Street, New York 10007 before U.S. Magistrate Judge Katharine H. Parker. (ca)

ENDORSED LETTER as to Eric Adams addressed to Judge Dale E. Ho from Attorney Alex Spiro dated September 26, 2024 re: We write to clarify our original request. We are requesting one appearance before Your Honor for both the arraignment and initial appearance. Counsel is engaged from the afternoon of Wednesday, October 3, through Friday, October 5, on another matter. Counsel respectfully requests a single appearance for both purposes at any time next Monday, September 30, or Tuesday, October 1, before the Court. If the only availability of the Court for both matters is Wednesday, as originally set, we would ask the Court to reset the appearance for Wednesday. ENDORSEMENT: Application GRANTED IN PART AND DENIED IN PART. The Court is in receipt of the emails from Defendant's counsel attached to this endorsement. The initial appearance and arraignment will proceed on September 27 before the Magistrate Judge on duty, as previously scheduled in accordance with Defendant's initial request. See ECF No. 6. The initial conference shall be rescheduled to Wednesday, October 2, 2024, at 10:30 a.m. in a courtroom to be determined by the Court. The Clerk of Court is respectfully requested to close ECF No. 10. SO ORDERED. ( Initial Conference set for 10/2/2024 at 10:30 AM before Judge Dale E. Ho. )(Signed by Judge Dale E. Ho on 9/26/2024) (bw) (Entered: 09/27/2024)

Terminate Deadlines and Hearings as to Eric Adams: Terminated Initial Appearance set for 10/3/2024 at 12:00 PM in Courtroom 5A, 500 Pearl Street, New York, NY 10007 before Judge Unassigned. (bw)

NOTICE OF ATTORNEY APPEARANCE Celia V. Cohen appearing for USA. (Cohen, Celia) (Entered: 09/27/2024)

Notice of Hearing

NOTICE OF HEARING as to Eric Adams Initial Conference set for 10/2/2024 at 10:30 AM in Courtroom 110 of the Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, NY 10007 before Judge Dale E. Ho. (nm)

Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Initial Appearance as to Eric Adams held on 9/27/2024. Bond Hearing as to Eric Adams held on 9/27/2024. Arraignment as to Eric Adams (1) Count 1,2,3-4,5 held on 9/27/2024. Plea entered by Eric Adams (1) Count 1,2,3-4,5 Not Guilty. AUSA's, Andrew Rohbach and Derek Wikstrom present for the Government. Defendant present with attorney Alex Spiro. BAIL DISPOSITION: Agreed conditions of release: Def. shall not communicate with witnesses and individuals mentioned in the indictment about the facts/circumstances listed in the indictment. -Conference before D.J. on 10/2/2024. -Speedy Trial time excluded until 10/2/2024. (job) (Entered: 10/01/2024)

Order Setting Conditions of Release Bond Entered as to Eric Adams. (job) (Entered: 10/01/2024)

Rule 5(f) ORDER as to Eric Adams. (Signed by Magistrate Judge Katharine H. Parker on 9/27/2024)(job) (Entered: 10/01/2024)

MOTION to Dismiss Count V of the Indictment. Document filed by Eric Adams. (Spiro, Alex) (Entered: 09/30/2024)

MEMORANDUM in Support by Eric Adams re 13 MOTION to Dismiss Count V of the Indictment.. (Spiro, Alex) (Entered: 09/30/2024)

NOTICE OF ATTORNEY APPEARANCE: William Anthony Burck appearing for Eric Adams. Appearance Type: Retained. (Burck, William) (Entered: 09/30/2024)

NOTICE OF ATTORNEY APPEARANCE: Avi Perry appearing for Eric Adams. Appearance Type: Retained. (Perry, Avi) (Entered: 09/30/2024)

MOTION for John F. Bash to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29969214. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Eric Adams. (Attachments: # 1 Affidavit | Declaration of John F. Bash, # 2 Exhibit A - Certificate of Good Standing Texas, # 3 Exhibit B - Certificate of Good Standing DC, # 4 Proposed Order)(Bash, John) (Entered: 09/30/2024)

1 Affidavit | Declaration of John F. Bash

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2 Exhibit A - Certificate of Good Standing Texas

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3 Exhibit B - Certificate of Good Standing DC

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4 Proposed Order

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MOTION for Hearing (Evidentiary) and for Sanctions. Document filed by Eric Adams. (Spiro, Alex) (Entered: 10/01/2024)

Notice Regarding Pro Hac Vice Motion

MEMORANDUM in Support by Eric Adams re 18 MOTION for Hearing (Evidentiary) and for Sanctions.. (Spiro, Alex) (Entered: 10/01/2024)

DECLARATION of Avi Perry in Support as to Eric Adams re: 18 MOTION for Hearing (Evidentiary) and for Sanctions.. (Attachments: # 1 Exhibit 1 - Letter, # 2 Exhibit 2 - Letter, # 3 Exhibit 3 - Letter)(Perry, Avi) (Entered: 10/01/2024)

1 Exhibit 1 - Letter

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2 Exhibit 2 - Letter

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3 Exhibit 3 - Letter

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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 17 MOTION for John F. Bash to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29969214. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju)

ORDER FOR ADMISSION PRO HAC VICE granting 17 Motion for John F. Bash to Appear Pro Hac Vice as to Eric Adams (1). (Signed by Judge Dale E. Ho on 10/1/2024) (lnl) (Entered: 10/01/2024)

NOTICE OF ATTORNEY APPEARANCE Hagan Cordell Scotten appearing for USA. (Scotten, Hagan) (Entered: 10/01/2024)

LETTER MOTION addressed to Judge Dale E. Ho from USA dated Oct. 1, 2024 re: Proposed Protective Order . Document filed by USA as to Eric Adams. (Attachments: # 1 Proposed Order Protective Order)(Cohen, Celia) (Entered: 10/01/2024)

1 Proposed Order Protective Order

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Minute Entry for proceedings held before Judge Dale E. Ho: Pretrial Conference as to Eric Adams held on 10/2/2024. Defendant Eric Adams present with Attorney Alex Spiro. AUSAs Hagan Scotten, Celia V. Cohen, Derek Wikstrom, Andrew Rohrbach present for the Government. Court reporter present. Motions for Dismissal and Hearing oppositions due on 10/18/2024. Replies due on 10/25/2024. Motion hearing scheduled for 11/1/2024 at 2:00 p.m. if needed. Status Conference scheduled for 12/13/2024 at 2:00 p.m. Discovery shall be produced by 12/4/2024. Post-Discovery Motions due on 12/18/2024. Oppositions due on 1/6/2025. Replies due on 1/13/2025. Post-Discovery Hearing scheduled for 1/27/2025 if necessary. Time between 10/2/2024 and 12/13/2024 is excluded from the Speedy Trial Act calculation pursuant to 18 U.S.C. § 3161(h)(7)(A). The Court finds that the ends of justice served by excluding such time outweigh the interests of the public and the Defendant in a speedy trial, because it will permit time for the Defendant and counsel to review the Government's production of discovery materials; for the Defendant and counsel to consider and prepare any motions; and to ensure the effective assistance of counsel and to prevent any miscarriage of justice. (Discovery due by 12/4/2024. Motions for Dismissal due on 10/18/2024. Reply due 10/25/2024. Post-Discovery Motions due by 12/18/2024. Responses due by 1/6/2025, Replies due by 1/13/2025. Motion Hearing set for 11/1/2024 at 02:00 PM before Judge Dale E. Ho. Status Conference set for 12/13/2024 at 02:00 PM before Judge Dale E. Ho) (ap)

Pretrial Conference

PROTECTIVE ORDER as to Eric Adams...regarding procedures to be followed that shall govern the handling of confidential material...ENDORSEMENT: The Clerk of Court is respectfully requested to close ECF No. 26. SO ORDERED. (Signed by Judge Dale E. Ho on 10/3/2024) (lnl) (Entered: 10/03/2024)

LETTER MOTION addressed to Judge Dale E. Ho dated October 3, 2024 re: Overview of CIPA and Request for Ex Parte Section 2 Conference . Document filed by USA as to Eric Adams. (Wikstrom, Derek) (Entered: 10/03/2024)

MEMO ENDORSEMENT as to Eric Adams granting 28 LETTER MOTION addressed to Judge Dale E. Ho dated October 3, 2024 re: Overview of CIPA and Request for Ex Parte Section 2 Conference. ENDORSEMENT: Application GRANTED. The conference will be held on Wednesday October 9, 2024, at 10:30 a.m. The Clerk of Court is respectfully requested to close ECF No. 28. SO ORDERED. (Status Conference set for 10/9/2024 at 10:30 AM before Judge Dale E. Ho) (Signed by Judge Dale E. Ho on 10/4/2024) (lnl) (Entered: 10/04/2024)

ORDER as to Eric Adams. Pursuant to paragraph two of the "REVISED SECURITY PROCEDURES ESTABLISHED PURSUANT TO PUB. L. 96-456, 94 STAT. 2025, BY THE CHIEF JUSTICE OF THE UNITED STATES FOR THE PROTECTION OF CLASSIFIED INFORMATION," and upon the recommendation of the Department of Justice Security Officer, the Court designates Security Specialist Aleksander Kurtov as the Classified Information Security Officer and Security Specialists Jennifer H. Campbell, Daniel O. Hartenstine, Daniella M. Medel, Matthew W. Mullery, William S. Noble, Harry J. Rucker, and Winfield S. Slade as alternate Classified Information Security Officers in the above-captioned case. The Department of Justice Security Officer has certified in writing that each of the above-mentioned individuals is cleared for the level and category of classified information that will be involved in this litigation. It is hereby ORDERED that Aleksander Kurtov will serve as the Classified Information Security Officer in the above-captioned case and that Jennifer H. Campbell, Daniel O. Hartenstine, Daniella M. Medel, Matthew W. Mullery, William S. Noble, Harry J. Rucker, and Winfield S. Slade will serve as alternate Classified Information Security Officers in the same. SO ORDERED. (Signed by Judge Dale E. Ho on 10/7/2024) (bw) (Entered: 10/07/2024)

TRANSCRIPT of Proceedings as to Eric Adams re: Conference held on 10/2/24 before Judge Dale E. Ho. Court Reporter/Transcriber: George Malinowski, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/28/2024. Redacted Transcript Deadline set for 11/7/2024. Release of Transcript Restriction set for 1/6/2025. (Moya, Goretti) (Entered: 10/07/2024)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Eric Adams. Notice is hereby given that an official transcript of a Conference proceeding held on 10/2/24 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 10/07/2024)

SCHEDULING ORDER as to Eric Adams. On October 2, 2024, an Initial Pretrial Conference was held in this matter. The Court issues this Order to memorialize the deadlines set forth during the Conference. See generally Initial Conference Tr. ("Tr."), ECF No. 31. As Ordered during the Conference: - The Government's Oppositions to Defendant's Motion to Dismiss Count V of the Indictment and to Defendant's Motion for an Evidentiary Hearing are due on October 18, 2024. Replies are due on October 25, 2024. - Oral Argument will be held on the Motions on November 1, 2024, at 2:00 p.m. E.T., if necessary.(See Footnote 1 on this Scheduling Order). - Discovery shall be produced by December 4, 2024. - A Status Conference shall be held on December 13, 2024, at 2:00 p.m. E.T. - Any further motions are due on December 18, 2024. Oppositions are due on January 6, 2025. Replies are due on January 13, 2025. - A Conference on any Post-Discovery Motions shall be held on January 27, 2025, if necessary. For the reasons stated on the record during the Conference, time is excluded from calculation under the Speedy Trial Act through December 13, 2024. See Tr. 56:3-57:12....[*** See this Scheduling Order ***]... In sum, time is excluded from calculation under the Speedy Trial Act from the filing of Defendant's motion to dismiss through prompt resolution of that motion. 18 U.S.C. § 3161(h)(1)(D), (H). Time is further excluded through December 13, 2024 based on the Court's findings on the record during the Conference that the case is complex and that the ends of justice served by the exclusion of such time outweigh the public and the Defendant's interests in a speedy trial because it will provide time for the production of discovery and review of such discovery by Defendant; will provide time for Defendant to consider and prepare any motions; and will serve to ensure effective assistance of counsel and prevent any miscarriage of justice. 18 U.S.C. § 3161(h)(7)(A), (B). SO ORDERED. (Signed by Judge Dale E. Ho on 10/8/2024) (bw) (Entered: 10/08/2024)

TRANSCRIPT of Proceedings as to Eric Adams re: Conference held on 9/27/2024 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/31/2024. Redacted Transcript Deadline set for 11/12/2024. Release of Transcript Restriction set for 1/8/2025. (McGuirk, Kelly) (Entered: 10/10/2024)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Eric Adams. Notice is hereby given that an official transcript of a Conference proceeding held on 9/27/2024 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/10/2024)

ORDER as to Eric Adams: On October 3, 2024, the Government requested an ex parte classified conference with the Court pursuant to Section 2 of the Classified Information Procedures Act, 18 U.S.C. app. 3 § 2 ("CIPA"). See ECF No. 28. The Court granted the request and held a CIPA Section 2 conference on October 9, 2024. See ECF No. 29. In the interests of efficiency and of Defendant Adams' right to a speedy trial, the Court directs the parties to meet and confer, and to submit a proposed CIPA schedule in order to ensure that if any classified material becomes implicated at any point in this matter, the Court is able to swiftly adjudicate issues that may arise from such material. The proposed joint schedule shall include deadlines for the following CIPA events: CIPA Section 4 Proceedings: o Government's Motion(s) o Hearing(s) CIPA Section 5 Proceedings o Defense's Notice Deadline o Government's Objection(s) o Defense Reply CIPA Section 6 Proceedings o Government's Filing o Defense's Objection(s) o Government's Reply o Hearing See 18 U.S.C. app. 3 §§ 26. The parties may also include proposed deadlines for any other CIPA-related filings or hearings they deem appropriate for the sake of efficiently prosecuting this case. The parties are directed to submit a joint scheduling proposal no later than October 25, 2024. In the event that the parties cannot agree on a joint proposal, they shall submit a single joint submission that sets forth the dates in their competing proposed schedules. SO ORDERED. (Signed by Judge Dale E. Ho on 10/17/2024) (lnl) (Entered: 10/17/2024)

RESPONSE in Opposition by USA as to Eric Adams re: 13 MOTION to Dismiss Count V of the Indictment.. (Scotten, Hagan) (Entered: 10/18/2024)

MEMORANDUM in Opposition by USA as to Eric Adams re 18 MOTION for Hearing (Evidentiary) and for Sanctions.. (Attachments: # 1 Affidavit Declaration of Derek Wikstrom, # 2 Affidavit Declaration of Margery Feinzig)(Wikstrom, Derek) (Entered: 10/18/2024)

1 Affidavit Declaration of Derek Wikstrom

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2 Affidavit Declaration of Margery Feinzig

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SEALED DOCUMENT placed in vault. (nmo) (Entered: 10/21/2024)

REPLY MEMORANDUM OF LAW in Support as to Eric Adams re: 18 MOTION for Hearing (Evidentiary) and for Sanctions. . (Spiro, Alex) (Entered: 10/25/2024)

REPLY MEMORANDUM OF LAW in Support as to Eric Adams re: 13 MOTION to Dismiss Count V of the Indictment. . (Spiro, Alex) (Entered: 10/25/2024)

JOINT LETTER by Eric Adams addressed to Judge Dale E. Ho from Alex Spiro dated October 25, 2024 re: Proposed CIPA litigation schedules (Spiro, Alex) (Entered: 10/25/2024)

ORDER as to Eric Adams. The parties in this matter are scheduled to appear before the Court for a motions hearing on Friday, November 1, 2024 at 2:00 p.m. ET. The parties are instructed to be prepared for oral argument on Defendant's n Motion to Dismiss Count V, ECF No. 13. Each party will be allotted twenty minutes of argument time, subject to adjustment at the Courts discretion. Then presentation order will be as follows: defenses opening arguments (15); governments opposing arguments (20); defenses rebuttal (5). The parties shall also be prepared to discuss the case management schedule, including a trial date (Motion Hearing set for 11/1/2024 at 02:00 PM before Judge Dale E. Ho.) (Signed by Judge Dale E. Ho on 10/30/2024)(jw) (Entered: 10/30/2024)

LETTER MOTION addressed to Judge Dale E. Ho from Alex Spiro dated 10/30/2024 re: Court's Order [Dkt. 43] . Document filed by Eric Adams. (Attachments: # 1 Exhibit 1 - Request to Seal, # 2 Exhibit 2 - 2015.04.02 Rashbaum Letter, # 3 Exhibit 3 - 2015.04.02 Rashbaum Letter, # 4 Exhibit 4 - 2015.04.15 NYT Rashbaum Article, # 5 Exhibit 5 - 2015.05.01 NYT Rashbaum Article, # 6 Exhibit 6 - 2014.12.29 NYT Rashbaum Article, # 7 Exhibit 7 - 2014.12.30 NYT Rashbaum Article)(Spiro, Alex) (Entered: 10/30/2024)

1 Exhibit 1 - Request to Seal

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2 Exhibit 2 - 2015.04.02 Rashbaum Letter

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3 Exhibit 3 - 2015.04.02 Rashbaum Letter

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4 Exhibit 4 - 2015.04.15 NYT Rashbaum Article

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5 Exhibit 5 - 2015.05.01 NYT Rashbaum Article

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6 Exhibit 6 - 2014.12.29 NYT Rashbaum Article

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7 Exhibit 7 - 2014.12.30 NYT Rashbaum Article

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LETTER MOTION addressed to Judge Dale E. Ho from Alex Spiro dated 10/30/2024 re: request for leave to file under seal [Dkt. 44] . Document filed by Eric Adams. (Spiro, Alex) (Entered: 10/30/2024)

***STRICKEN*** ORDER as to Eric Adams: For the reasons discussed herein, Mayor Adams's Motion for a Rule 6(e) Hearing and Sanctions is DENIED. "Nevertheless, the parties are cautioned that this case is to be tried in the courtroom and not in the press." United States v. Silver, 103 F.Supp.3d 370, 382 (S.D.N.Y. 2015). The Clerk of Court is respectfully directed to terminate ECF No. 18. SO ORDERED. (Signed by Judge Dale E. Ho on 10/31/2024) (lnl) Modified on 11/4/2024 to reflect that this ORDER is Stricken by Court Order (DE# 49 ) (lnl) (Entered: 10/31/2024)

TRANSCRIPT of Proceedings as to Eric Adams re: Conference held on 9/27/2024 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/22/2024. Redacted Transcript Deadline set for 12/2/2024. Release of Transcript Restriction set for 1/30/2025. (McGuirk, Kelly) (Entered: 11/01/2024)

Motion Hearing

NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Eric Adams. Notice is hereby given that an official transcript of a Conference proceeding held on 9/27/2024 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 11/01/2024)

Minute Entry for proceedings held before Judge Dale E. Ho: Motion Hearing as to Eric Adams held on 11/1/2024. Defendant Eric Adams present with Attorneys Alex Spiro and John Bash. AUSAs Hagan Scotten, Celia V. Cohen, Derek Wikstrom, Andrew Rohrbach present for the Government. Court reporter present. The status conference previously scheduled for 12/13/2024 is adjourned until 12/20/2024 at 2:00 p.m. Trial is scheduled for 4/21/2025 at 9:00 a.m. Both proceedings shall take place in Courtroom 110 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, NY 10007. Time between 11/1/2024 and 4/21/2025 is excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7) (A), in the interest of justice. (Status Conference set for 12/20/2024 at 02:00 PM in Courtroom 110, 40 Centre Street, New York, NY 10007 before Judge Dale E. Ho. Jury Trial set for 4/21/2025 at 09:00 AM in Courtroom 110, 40 Centre Street, New York, NY 10007 before Judge Dale E. Ho.) (lnl)

AMENDED OPINION AND ORDER as to Eric Adams: Mayor Adams's Motion for a Rule 6(e) Hearing and Sanctions is DENIED. "Nevertheless, the parties are cautioned that this case is to be tried in the courtroom and not in the press." United States v. Silver, 103 F.Supp.3d 370, 382 (S.D.N.Y. 2015). In light of this Order, Mayor Adams's Letter Motion dated October 30, 2024, ECF No. 44, is DENIED AS MOOT. Moreover, Mayor Adams's sealing request, ECF No. 45, is GRANTED for the reasons stated therein. Mayor Adams is directed to file an unredacted copy of the letter motion and Exhibit 1 to that motion under seal with access limited to applicable parties. The Clerk of Court is respectfully directed to terminate ECF Nos. 18, 44, and 45. The Clerk of Court is respectfully directed to strike ECF No. 46. SO ORDERED. (Signed by Judge Dale E. Ho on 11/4/2024) (lnl) (Entered: 11/04/2024)

LETTER by Eric Adams addressed to Judge Dale E. Ho from Alex Spiro dated 11/04/2024 re: Government's Supplemental Authority cited during the Motion to Dismiss Hearing on 11/01/2024 (Attachments: # 1 Exhibit A - United States v. Starks)(Spiro, Alex) (Entered: 11/04/2024)

1 Exhibit A - United States v. Starks

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LETTER by USA as to Eric Adams addressed to Judge Dale E. Ho dated November 5, 2024 re: Response to Defendant's November 4, 2024 Letter Document filed by USA. (Wikstrom, Derek) (Entered: 11/05/2024)

SEALED DOCUMENT placed in vault. (jus) (Entered: 11/06/2024)

TRANSCRIPT of Proceedings as to Eric Adams re: Conference held on 10/2/2024 before Judge Dale E. Ho. Court Reporter/Transcriber: George Malinowski, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/27/2024. Redacted Transcript Deadline set for 12/9/2024. Release of Transcript Restriction set for 2/4/2025. (McGuirk, Kelly) (Entered: 11/06/2024)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Eric Adams. Notice is hereby given that an official transcript of a Conference proceeding held on 10/2/2024 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 11/06/2024)

LETTER MOTION addressed to Judge Dale E. Ho from Alex Spiro dated November 11, 2024 re: Reconsideration of Trial Date . Document filed by Eric Adams. (Spiro, Alex) (Entered: 11/11/2024)

MEMO ENDORSEMENT as to Eric Adams on re: 55 LETTER MOTION addressed to Judge Dale E. Ho from Alex Spiro dated November 11, 2024 re: Reconsideration of Trial Date filed by Eric Adams...ENDORSEMENT...The Court is in receipt of Defendant's letter. The Government is directed to file a response to Defendant's letter by Friday, November 15, 2024. (Government Responses due by 11/15/2024) (Signed by Judge Dale E. Ho on 11/12/24)(jw) (Entered: 11/12/2024)

TRANSCRIPT of Proceedings as to Eric Adams re: Conference held on 11/1/2024 before Judge Dale E. Ho. Court Reporter/Transcriber: Amy Walker, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/3/2024. Redacted Transcript Deadline set for 12/13/2024. Release of Transcript Restriction set for 2/10/2025. (McGuirk, Kelly) (Entered: 11/12/2024)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Eric Adams. Notice is hereby given that an official transcript of a Conference proceeding held on 11/1/2024 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 11/12/2024)

LETTER MOTION addressed to Judge Dale E. Ho from USA dated November 15, 2024 re: Extension of time and confirmation of order . Document filed by USA as to Eric Adams. (Rohrbach, Andrew) (Entered: 11/15/2024)

LETTER RESPONSE in Opposition by Eric Adams addressed to Judge Dale E. Ho from Alex Spiro dated November 18, 2024 re: 59 LETTER MOTION addressed to Judge Dale E. Ho from USA dated November 15, 2024 re: Extension of time and confirmation of order .. (Spiro, Alex) (Entered: 11/18/2024)

DECLARATION of Avi Perry in Opposition as to Eric Adams re: 59 LETTER MOTION addressed to Judge Dale E. Ho from USA dated November 15, 2024 re: Extension of time and confirmation of order .. (Attachments: # 1 Exhibit A October 14, 2024 Letter from Counsel to Mayor Adams to the Government)(Perry, Avi) (Entered: 11/18/2024)

1 Exhibit A October 14, 2024 Letter from Counsel to Mayor Adams to the Government

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ORDER as to Eric Adams: Pursuant to this Court's October 17, 2024 Order, ECF No. 36, the parties submitted a joint letter detailing their proposed dates for any CIPA-related litigation. ECF No. 42. Notably, the parties proposed different datesultimately demonstrating a total variance of about two months. After careful consideration, the Court orders the following CIPA schedule for this matter. (Signed by Judge Dale E. Ho on 11/19/2024) (See ORDER as set forth) (lnl) (Entered: 11/19/2024)

MEMORANDUM OPINION AND ORDER as to Eric Adams. Before this Court is Defendant Eric Adams's ("Defendant" or "Mayor Adams") letter motion for reconsideration of the trial date in this matter. Def.'s Letter Mot. for Recons. ("Def.'s Mot."), ECF No. 55. Specifically, Mayor Adams requests that his trial, which is currently set for April 21, 2025, be rescheduled to begin by April 1, 2025. Id. at 1. In its response, the Government notes that the parties have been unable to agree on the feasibility of an April 1, 2025, trial date due to, inter alia, their diverging understandings of what discovery must be disclosed by the December 4, 2024, deadline set by this Court. Govt's Resp. to Def.'s Letter Mot. for Recons. ("Govt's Resp."), ECF No. 59. The Government therefore moves for this Court: (1) to clarify what materials are required to be disclosed by the December 4th discovery deadline, (2) to adjourn the Government's response to Mayor Adams's motion for reconsideration, and (3) to order the parties to meet and confer about the feasibility of a pretrial schedule for an April 1, 2025, trial date. For the avoidance of doubt, the Court clarifies that its Scheduling Order prescribing that "[d]iscovery shall be produced by December 4, 2024," ECF No. 33, refers to the production of materials pursuant to Rule 16.(See Footnote 1 on this Memorandum Opinion And Order). In other words, the Government need not provide Mayor Adams with all exculpatory evidence required to be disclosed under Giglio v. United States, 405 U.S. 150 (1972), by December 4, 2024. Under well-established Second Circuit caselaw, Giglio materials need not be disclosed immediately upon request by a defendant. See United States v. Coppa, 267 F.3d 132, 146 (2d Cir. 2001). Instead, such exculpatory material must be disclosed "in time for its effective use at trial or at a plea proceeding." Id. While it is the Government's duty to disclose Giglio evidence in a timely manner to permit its "effective use," id., courts may intervene to direct the Government to disclose Giglio evidence by a certain date "as a matter of sound case management," United States v. Giffen, 379 F. Supp. 2d 337, 347-48 (S.D.N.Y. 2004)....[*** See this Memorandum Opinion And Order ***]... In light of the foregoing, the Court RESERVES JUDGMENT on Mayor Adams's motion for reconsideration and GRANTS the Government's motion. The Government's deadline for responding to Mayor Adams's motion for reconsideration is accordingly ADJOURNED to November 27, 2024. The parties are ORDERED to meet and confer with respect to: (a) the feasibility of a pretrial schedule for an April 1, 2025, trial date, including but not limited to deadlines for expert disclosures, the production of Giglio and Jenks Act materials, and motions in limine; and (b) the form of any necessary and permissible waivers needed for an April 1, 2025, start of trial. The parties are ORDERED to submit a joint status letter no later than November 27, 2024, via ECF describing whether they have reached an agreement on the matters discussed above and a proposed pretrial schedule; if the parties are unable to reach agreement, the letter shall set forth their respective positions and proposed pretrial schedules with respect to these matters. The Clerk of Court is respectfully directed to terminate ECF No. 59. SO ORDERED. (Signed by Judge Dale E. Ho on 11/20/2024) (bw) (Entered: 11/20/2024)

LETTER by USA as to Eric Adams addressed to Judge Dale E. Ho from USA dated Nov. 27, 2024 re: Joint Letter re: Scheduling and CIPA Waiver Document filed by USA. (Cohen, Celia) (Entered: 11/27/2024)

SEALED DOCUMENT placed in vault. (jus) (Entered: 12/04/2024)

ENDORSED LETTER as to Eric Adams addressed to Judge Dale E. Ho from James L. Dunlap, Department Security Officer, U.S. Department of Justice, Justice Management Division, Security and Emergency Planning Staff (Washington, D.C.), dated November 22, 2024. ENDORSEMENT: Application GRANTED. The Court hereby designates Security Specialist Matthew W. Mullery as the Classified Information Security Officer in this case. Security Specialists Jennifer H. Campbell, Daniel O. Hartenstine, Daniella M. Medel, William S. Noble, Harry J. Rucker, and Winfield S. "Scooter" Slade remain designated as alternate Classified Information Security Officers. The Clerk of the Court is respectfully directed to add Security Specialists Mullery, Hartenstine, and Rucker as interested parties on the docket in this matter. (Signed by Judge Dale E. Ho on 12/10/2024) (bw) (Entered: 12/11/2024)

NOTICE of Change of Address as to Eric Adams. New Address: Quinn Emanuel Urquhart & Sullivan LLP, 295 Fifth Avenue, New York, NY, 10016, (212) 849-7000. (Spiro, Alex) (Entered: 12/11/2024)

OPINION AND ORDER as to Eric Adams. On September 24, 2024, the Government filed a five-count indictment (the "Indictment") against Defendant New York City Mayor Eric Adams ("Adams," or "Mayor Adams") on bribery and other charges. The Indictment alleges, inter alia, that Adams accepted illegal campaign contributions and bribes consisting of various forms of luxury travel. Mayor Adams now moves to dismiss Count V of the Indictment on the ground that the Government's allegations do not meet the legal standard for bribery under 18 U.S.C. § 666(a)(1)(B). For the reasons detailed below, Mayor Adams's Motion to Dismiss Count V is DENIED....[*** See this Opinion And Order ***]... CONCLUSION. For the reasons stated above, the Indictment is sufficiently pleaded, and dismissal is not warranted. The Motion to Dismiss is therefore DENIED. The Clerk of Court is respectfully requested to terminate the docket entry at ECF No. 13. SO ORDERED. (Signed by Judge Dale E. Ho on 12/17/2024) (bw) (Entered: 12/17/2024)

ORDER denying 55 LETTER MOTION as to Eric Adams. On November 11, 2024, Defendant New York City Mayor Eric Adams ("Mayor Adams") filed a motion for reconsideration of the April 21, 2025 trial date in this matter, seeking that the trial date be moved up to begin on April 1, 2025. See Mot. for Recons. of Trial Date, ECF No. 55. For the reasons explained below, the Motion is DENIED.... [*** See this Order ***]... The motion is therefore DENIED. Trial in this matter remains scheduled for April 21, 2025. The Court will consider the parties' views as to the timing of Giglio materials and other scheduling issues that remain in dispute at the upcoming case management conference scheduled for December 20, 2024. In the event the parties have additional issues to raise with the Court during the conference, they may submit a status letter on December 18, 2024 identifying such issues and any anticipated requests for relief. SO ORDERED. (Signed by Judge Dale E. Ho on 12/17/2024) (bw) (Entered: 12/17/2024)

LETTER MOTION addressed to Judge Dale E. Ho from Alex Spiro dated December 17, 2024 re: Request to Adjourn December 20, 2024 Status Conference . Document filed by Eric Adams. (Spiro, Alex) (Entered: 12/17/2024)

LETTER by USA as to Eric Adams addressed to Judge Dale E. Ho from USA dated December 18, 2024 re: Issue for conference Document filed by USA. (Rohrbach, Andrew) (Entered: 12/18/2024)

MOTION for Leave to File a Bill of Particulars . Document filed by Eric Adams. (Spiro, Alex) (Entered: 12/18/2024)

MEMORANDUM in Support by Eric Adams re 72 MOTION for Leave to File a Bill of Particulars .. (Spiro, Alex) (Entered: 12/18/2024)

DECLARATION of John F. Bash in Support as to Eric Adams re: 72 MOTION for Leave to File a Bill of Particulars .. (Bash, John) (Entered: 12/18/2024)

ORDER as to Eric Adams. On December 17, 2024, Defendant New York City Mayor Eric Adams ("Adams" or "Mayor Adams") filed a letter motion requesting an adjournment of the case management conference in this matter scheduled on December 20, 2024, and that the conference be scheduled after January 20, 2025. See Def. Letter Motion, Dec. 17, 2024, ECF No. 70. The letter also indicated that Mayor Adams "intends to seek leave to file a motion for a bill of particulars this week." Id. The Government filed a letter on December 18, 2024, indicating that it intends to raise "an issue relating to extrajudicial statements that defense counsel has made relating to the case" at the upcoming conference. Gov't Status Letter, Dec. 18, 2024, ECF No. 71. The December 20 case management conference was originally scheduled for December 13, 2024, for the purpose of updating the Court as to the status of discovery and setting a pretrial schedule in this matter. The Court adjourned the conference to December 20 at the request of defense counsel, who did not, at that time, indicate any conflicting commitments. See Conf. Tr. 63-65, ECF No. 57. In the letter motion, however, counsel for Mayor Adams represents that he "is currently out of state and actively engaged on other matters." ECF No. 70.1 In any event, the issues that the parties have identified in their letters can be addressed via motions or letters to the Court (and Mayor Adams has already filed his motion for a bill of particulars, see ECF No. 72). Accordingly, Defendant's motion is GRANTED. The case management conference is hereby adjourned to sine die. A pretrial schedule in this matter will issue separately. The Court also notes that it previously scheduled CIPA Section 4 hearings, if necessary, for the week of January 27, 2025. See Order, ECF No. 62. The parties are hereby ORDERED, by December 20, 2024, to each submit status letters indicating their availability for in-person proceedings during that week. (Signed by Judge Dale E. Ho on 12/19/2024) (bw) (Entered: 12/19/2024)

Terminate Deadlines and Hearings

Terminate Deadlines and Hearings as to Eric Adams: Terminated Status Conference set for 12/20/2024 at 02:00 PM in Courtroom 110, 40 Centre Street, New York, NY 10007 before Judge Dale E. Ho. (bw)

LETTER MOTION addressed to Judge Dale E. Ho from USA dated Dec. 19, 2024 re: Motion for order directing compliance with L. Crim. R. 23.1 . Document filed by USA as to Eric Adams. (Cohen, Celia) (Entered: 12/19/2024)

ENDORSED LETTER as to Eric Adams addressed to Judge Dale E. Ho from AUSAs Celia V. Cohen, Andrew Rohrbach, Hagan Scotten, Derek Wikstrom, dated December 19, 2024 re: Since the unsealing of the Indictment in this case, defense counsel has repeatedly made false public statements about the facts and evidence in this case that violate Local Criminal Rule 23.1. The Government alerted defense counsel to such violations in late September 2024, and on November 4, 2024, the Court "cautioned that this case is to be tried in the courtroom and not in the press," Dkt. 49 at 21. Nonetheless, defense counsel has continued to violate the Rule, including as recently as December 17, 2024. Accordingly, the Government respectfully submits this letter to request that the Court direct counsel for the parties to comply with the Rule.... ENDORSEMENT: The Court is in receipt of the endorsed letter. Defendant shall respond with a letter, not to exceed five (5) pages, by December 27, 2024. SO ORDERED. ( Responses due by 12/27/2024 )(Signed by Judge Dale E. Ho on 12/20/2024) (bw) (Entered: 12/20/2024)

LETTER by USA as to Eric Adams addressed to Judge Dale E. Ho from USA dated December 20, 2024 re: Scheduling the week of Jan. 27, 2025 Document filed by USA. (Rohrbach, Andrew) (Entered: 12/20/2024)

LETTER by Eric Adams addressed to Judge Dale E. Ho from Alex Spiro dated December 20, 2024 re: Scheduling the week of January 27, 2025 (Spiro, Alex) (Entered: 12/20/2024)

LETTER RESPONSE in Opposition by Eric Adams addressed to Judge Dale E. Ho from Alex Spiro dated December 23, 2024 re: 76 LETTER MOTION addressed to Judge Dale E. Ho from USA dated Dec. 19, 2024 re: Motion for order directing compliance with L. Crim. R. 23.1 .. (Attachments: # 1 Exhibit A - S.D.N.Y. Press Release)(Spiro, Alex) (Entered: 12/23/2024)

1 Exhibit A - S.D.N.Y. Press Release

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