Note: Anthony Tabbita original sentence of 144 months on cts. 1 & 2 and 60 months on ct. 3. Terms to run concurrentwas reduced twice due to his cooperation against others ,the second time it was cut in half see docket entry # 531 dated 12-11-2002 (these shady deals the government makes are unbelievable.)
U.S. District Court
Eastern District of New York (Brooklyn)
CRIMINAL DOCKET FOR CASE #: 1:95-cr-00754-SJ-17
Date Filed: 08/23/1995
Assigned to: Judge Sterling Johnson, Jr
Defendant
Anthony Tabbita (17)
TERMINATED: 04/22/2002 / representedby / Kenneth Ernest Ramseur
Norman Kaplan
111 Great Neck Road
Great Neck, NY11021
(212) 964-1070
Fax: 212-385-2742
Email:
TERMINATED: 04/22/2002
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: CJA Appointment
Pending Counts /
Disposition
18:1962(c),1963,2 and 3551 et seq. EXTORTION, RACKETEERING, AND THREATS
(1) / Dft. sentenced to 144 months on cts. 1 & 2 and 60 months on ct. 3. Terms to run concurrent to each other for a total of 144 months. Supervised release: 5 yrs. Restitution: $23,000.00 Special assessment: $300.00. Payments to begin 3 months a fter dft. is released. Payments shall be 15% of the dft.'s net income. Payments shall be made to the Clerk of Court for EDNY. Restitution given towards the families should be joint and several with the other dfts. which were responsible for the death of John Ruisi, Steven Pagnozzi. AMENDED JUDGMENT: dft. sentenced to 144 months on cts. 1 & 2 and 60 months on ct. 3. Terms to run concurrent to each other for a total of 144 months. Supervised release: 5 yrs. Special assessment: $300. 00. Restitution: $23,000.00. Payments to begin 3 months after the dft. is released. Payments shall be 15% of the dft.'s net income. Payments shall be made payable to the Clerk of Court EDNY. Restitution given toward the families should be joint and several with the other dfts. which were responsible of the death of John Ruisi and Steven Pagnozzi.***SECOND AMENDED JUDGMENT: deft sentenced to seventy one (71) months on counts 1 and 2 and sixty (60) months on count 3, terms to run co ncurrent to each other for a total of seventy-one (71) Months; Supervised release: five (5) years; Special Assessment: $300.00.; Restitution: $23,000.00. Payment to begin three (3) months after the deft is released. Payments shall be 15 � 37; of the deft's net income. Payments shall be made payable to the Clerk of Court for EDNY; The restitution given towards the families should be Joint and Several with the other defts which were responsible for the death of John Ruisi and Steve n Pagnozzi.***
18:1962(d),1963 and 3551 seq et. EXTORTION, RACKETEERING, AND THREATS
(2) / Dft. sentenced to 144 months on cts. 1 & 2 and 60 months on ct. 3. Terms to run concurrent to each other for a total of 144 months. Supervised release: 5 yrs. Restitution: $23,000.00 Special assessment: $300.00. Payments to begin 3 months a fter dft. is released. Payments shall be 15% of the dft.'s net income. Payments shall be made to the Clerk of Court for EDNY. Restitution given towards the families should be joint and several with the other dfts. which were responsible for the death of John Ruisi, Steven Pagnozzi. AMENDED JUDGMENT: dft. sentenced to 144 months on cts. 1 & 2 and 60 months on ct. 3. Terms to run concurrent to each other for a total of 144 months. Supervised release: 5 yrs. Special assessment: $300. 00. Restitution: $23,000.00. Payments to begin 3 months after the dft. is released. Payments shall be 15% of the dft.'s net income. Payments shall be made payable to the Clerk of Court EDNY. Restitution given toward the families should be joint and several with the other dfts. which were responsible of the death of John Ruisi and Steven Pagnozzi.***SECOND AMENDED JUDGMENT: deft sentenced to seventy one (71) months on counts 1 and 2 and sixty (60) months on count 3, terms to run co ncurrent to each other for a total of seventy-one (71) Months; Supervised release: five (5) years; Special Assessment: $300.00.; Restitution: $23,000.00. Payment to begin three (3) months after the deft is released. Payments shall be 15 � 37; of the deft's net income. Payments shall be made payable to the Clerk of Court for EDNY; The restitution given towards the families should be Joint and Several with the other defts which were responsible for the death of John Ruisi and Steve n Pagnozzi.***
21:846 and 841(b)(1)(A)(i);18:3551 et seq. CONSPIRACY TO DISTRIBUTE NARCOTICS.
(3) / Dft. sentenced to 144 months on cts. 1 & 2 and 60 months on ct. 3. Terms to run concurrent to each other for a total of 144 months. Supervised release: 5 yrs. Restitution: $23,000.00 Special assessment: $300.00. Payments to begin 3 months a fter dft. is released. Payments shall be 15% of the dft.'s net income. Payments shall be made to the Clerk of Court for EDNY. Restitution given towards the families should be joint and several with the other dfts. which were responsible for the death of John Ruisi, Steven Pagnozzi. AMENDED JUDGMENT: dft. sentenced to 144 months on cts. 1 & 2 and 60 months on ct. 3. Terms to run concurrent to each other for a total of 144 months. Supervised release: 5 yrs. Special assessment: $300. 00. Restitution: $23,000.00. Payments to begin 3 months after the dft. is released. Payments shall be 15% of the dft.'s net income. Payments shall be made payable to the Clerk of Court EDNY. Restitution given toward the families should be joint and several with the other dfts. which were responsible of the death of John Ruisi and Steven Pagnozzi.***SECOND AMENDED JUDGMENT: deft sentenced to seventy one (71) months on counts 1 and 2 and sixty (60) months on count 3, terms to run co ncurrent to each other for a total of seventy-one (71) Months; Supervised release: five (5) years; Special Assessment: $300.00.; Restitution: $23,000.00. Payment to begin three (3) months after the deft is released. Payments shall be 15 � 37; of the deft's net income. Payments shall be made payable to the Clerk of Court for EDNY; The restitution given towards the families should be Joint and Several with the other defts which were responsible for the death of John Ruisi and Steve n Pagnozzi.***
Highest Offense Level (Opening)
Felony
Terminated Counts /
Disposition
18:1951, 2 and 3551 et seq. INTERFERENCE WITH COMMERCE BY THREAT OR VIOLENCE.
(53) / Dismissed on government's motion.
18:924(c)(1),2 and 3551 et seq. VIOLENT CRIME/DRUGS/MACHINE GUN.
(54) / Dismissed on government's motion.
18:1959(a)(5) and 3551 et seq. RACKETEERING ACTIVITY, MURDER/KIDNAPPING.
(55) / Dismissed on government's motion.
18:1959(a)(1),2 and 3551 et seq. RACKETEERING ACTIVITY, MURDER/KIDNAPPING.
(56) / Dismissed on government's motion.
18:924(c)(1),2 and 3551 et seq. VIOLENT CRIME/DRUGS/MACHINE GUN.
(57) / Dismissed on government's motion.
18:1512(b)(3) and 3551 et seq. INTIMIDATION OR FORCE AGAINST WITNESS.
(58) / Dismissed on government's motion.
18:922(g)(1),924(a)(2) and 3551 et seq. UNLAWFUL TRANSPORT OF FIREARMS, ETC.
(59) / Dismissed on government's motion.
Highest Offense Level (Terminated)
Felony
Complaints /
Disposition
None
Plaintiff
USA / representedby / JimWalden
United StatesAttorneysOffice
CriminalDivision
OnePierrepontPlaza
Brooklyn, NY11201
(718) 254-6377
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Date Filed / # / Docket Text
02/20/2003 / 532 / LETTER dated 02/09/03 from Joseph M. Ruisi to Judge Johnson, in regard to the sentencing of Anthony Tabbia. (with affirmation of Service attached). (Sica, Michele) (Entered: 02/20/2003)
12/11/2002 / 531 / SECOND AMENDED JUDGMENT as to Anthony Tabbita; deft sentenced to seventy one (71) months on counts 1 and 2 and sixty (60) months on count 3, terms to run concurrent to each other for a total of seventy-one Months; Supervised release: five (5) years; Special Assessment: $300.00.; Restitution: $23,000.00. Payment to begin three (3) months after the deft is released. Payments shall be 15 % of the deft's net income. Payments shall be made payable to the Clerk of Court for EDNY; The given towards the families should be Joint and Several with the other defts which were responsible for the death of Ruisi and Steven Pagnozzi. Signed by Judge Sterling Johnson Jr. , on 11/25/02. c/m by chambers (3 certified copies fwd to USMS) (Fernandez, Erica) (Entered: 12/11/2002)
11/25/2002 / 530 / CALENDAR ENTRY as to Anthony Tabbita ; Case called before Judge Sterling Johnson Jr. on date of 11/25/02 for Sentencing on Rule 35. AUSA Lauren Resnick; Kenneth Ramseur, Esq. for deft; Court Reporter: Diana Perreira; Mr. Walden appears as a friend of the Court; The Court grants govt motion pursuant to Rule 35. Deft's sentence reduced to 71 months; All other aspects of original sentence remain. (Fernandez, Erica) (Entered: 12/02/2002)
11/13/2002 / 529 / CJA 20 as to Anthony Tabbita : Appointment of Attorney. Signed by Judge Sterling Johnson Jr. , Dated 11/13/02. (Fernandez, Erica) (Entered: 11/13/2002)
04/23/2002 / 499 / AMENDED JUDGMENT: Anthony Tabbita (17) count(s) 1, 2, 3. Dft. sentenced to 144 months on cts. 1 & 2 and 60 months on ct. 3. Terms to run concurrent to each other for a total of 144 months. Supervised release: 5 yrs. Restitution: $23,000.00 Special assessment: $300.00. Payments to begin 3 months after dft. is released. Payments shall be 15% of the dft.'s net income. Payments shall be made to the Clerk of Court for EDNY. Restitution given towards the families should be joint and several with the other dfts. which were responsible for the death of John Ruisi, Steven Pagnozzi. AMENDED JUDGMENT: dft. sentenced to 144 months on cts. 1 & and 60 months on ct. 3. Terms to run concurrent to each other for a total of 144 months. Supervised release: 5 yrs. Special assessment: $300.00. Restitution: $23,000.00. Payments to begin 3 months after the dft. is released. Payments shall be 15% of the dft.'s net income. Payments shall be made payable to the Clerk of Court EDNY. Restitution given toward the families should be joint and several with the other dfts. which were responsible of the death of John Ruisi and Steven Pagnozzi. All open counts dismissed on government's motion. (Signed by Judge Sterling Johnson Jr. on 4/1/02). C/M by Chambers. 3 cert. copies fwd. to USMS. (Reddy, Lisa) (Entered: 04/23/2002)
04/22/2002 / DISMISSAL of Count(s), Counts Dismissed: Anthony Tabbita (17) count(s) 53, 54, 55, 56, 57, 58, 59. (Reddy, Lisa) (Entered: 04/22/2002)
04/22/2002 / 498 / JUDGMENT Anthony Tabbita (17) count(s) 1, 2 , 3 . Dft. sentenced to 144 months on cts. 1 & 2 and 60 months on ct. 3. Terms to run concurrent to each other for a total of 144 months. Supervised release: 5 yrs. Restitution: $23,000.00 Special assessment: $300.00. Payments to begin 3 months after dft. is released. Payments shall be 15% of the dft.'s net income. Payments shall be made to the Clerk of Court for EDNY. Restitution given towards the families should be joint and several with the other dfts. which were responsible for the death of John Ruisi, Steven Pagnozzi. All open counts dismissed on government's motion. (Signed by Judge Sterling Johnson Jr. on 4/1/02). C/M by Chambers. 3 cert. copies fwd. to USMS. (Reddy, Lisa) (Entered: 04/22/2002)
04/01/2002 / Sentencing held Anthony Tabbita (17) count(s) 1, 2, 3. (Reddy, Lisa) (Entered: 04/22/2002)
04/01/2002 / 497 / CALENDAR ENTRY as to Anthony Tabbita. Case called before Judge Sterling Johnson Jr. on 4/1/02 for sentencing. AUSAs Jim Walden/Lauren Resnick and dft. present with counsel Kenneth Ramsuer. Court Reporter: Marsha Diamond. Dft. sentenced on cts. 1 and 2 to 144 months and on ct. 3 to 60 months, to run concurrent; 5 yrs. supervised release, $300.00 special assessment. Dft. to pay $23,000.00; 3 months after custody; 15% of net income per month. Open counts dismissed on government's motion. (Reddy, Lisa) (Entered: 04/03/2002)
03/27/2002 / 496 / CALENDAR ENTRY as to Anthony Tabbita. Case called before Judge Sterling Johnson Jr. on 3/27/02 for sentencing. AUSAs Jim Walden/Lauren Resnick and dft. present with counsel Kenneth Ramsuer. Court Reporter: Mickey Brymer. The Court imposes sentence; a joint application is made to reconsider; Court vacates sentence for reconsideration. Sentencing continued to 4/1/02 at 9:30. (Reddy, Lisa) (Entered: 04/03/2002)
04/03/2001 / 493 / CJA 20 as to Anthony Tabbita : Appointment of Attorney Kenneth E. Ramseur ( Signed by Judge Sterling Johnson Jr. , Dated 3/30/01) (Jean (Entered: 04/03/2001)
03/30/2001 / 494 / CALENDAR ENTRY as to Anthony Tabbita ; Case called before Judge Sterling Johnson Jr. on date of 3/30/01 for Motion hearing. Court Reporter A. Sherman, AUSA L. Resnick, deft present with counsel. Deft's motion for new counsel heard and granted. Mr. Ramseur is appointed pursuant to CJA. (Jean (Entered: 04/05/2001)
03/09/2001 / 492 / LETTER dated 3/6/01 from Anthony Tabbitta, Pro Se to Judge Johnson requesting that "Your Honor dismiss his current attorney and appoint him with new and competent counsel, who will take an active part in his case and be civil to Deft and his family". Fwd to Judge Johnson. (Layne, Monique) Modified on 03/12/2001 (Entered: 03/12/2001)
06/07/1999 / Certified copy of docket sheet sent to USCA. [479-1] appeal (Gonzalez, Mary) (Entered: 06/07/1999)
07/30/1998 / 408 / LETTER dated 7/23/98 from Jason Solotaroff to Judge Johnson, requesting that the Court reconsider its decision declining to relieve Mr. Rubenstein. (Jean (Entered: 07/30/1998)
07/27/1998 / 403 / TRANSCRIPT of Wade Hearing before Magistrate Gold filed in case as to Fabio Bartolotta, Josephine Troia, Anthony Tabbita for dates of 5/4/98 ; Court Reporter: M. Diamond. (Jean (Entered: 07/27/1998)
07/22/1998 / 400 / REPORT AND RECOMMENDATIONS of Magistrate Steven M. Gold Re: the motion to suppress by deft Guzzo, Lindemann, Kapihe and Troia be denied, with the exceptions that witness IV-12 not be permitted to identify deft Guzzo, Lindmann, Kapihe and Troia ; Motion no longer referred Objections to R and R due by 8/11/98 (Jean (Entered: 07/22/1998)
07/09/1998 / 395 / LETTER dated 7/7/98 from Jim Walden to Judge Johnson, requesting that the Court permit the Govt to issue the superseding indictment on or before 8/17/98. (Jean (Entered: 07/09/1998)
07/01/1998 / 391 / SEALED LETTER dated 3/5/98 from E. Savitt to be placed in the vault as per order of Judge Johnson, dated 6/29/98. (Jean Modified on 12/01/1998 (Entered: 07/01/1998)
07/01/1998 / 390 / SEALED LETTER dated 5/15/98 from E. Bank to be placed in vault as per order of Judge Johnson, dated 6/29/98. (Jean Modified on 12/01/1998 (Entered: 07/01/1998)
07/01/1998 / 389 / SEALED LETTER dated 4/8/98 from E. Bank to be placed in vault as per order of Judge Johnson, dated 6/29/98. (Jean Modified on 12/01/1998 (Entered: 07/01/1998)
07/01/1998 / 388 / SEALED LETTER dated 5/18/98 from E. Savitt to be placed in vault as per order of Judge Johnson, dated 6/29/98. (Jean Modified on 12/01/1998 (Entered: 07/01/1998)
06/09/1998 / CALENDAR ENTRY as per Chambers: Guilty: Anthony Tabbita (17) count(s) 1, 2, 3 . (Reddy, Lisa) (Entered: 04/22/2002)
06/04/1998 / 378 / ORDER dated as to Vito Guzzo, Fabio Bartolotta, Paul Ragusa, Guiseppe Sciulara, John Clemenza, Brian Lindemann, Antonio Vaccaro, Josephine Troia, Fillipo Troia, Sandra Sanchez, John Nicolosi, Anthony Stelluto, Michael Weremecki, Antonio Margiotta, Joseph Corrado, Peter Kapihe, Anthony Tabbita, extending time for the government to submit a letter detailing all uncharged acts and FRE404b matrerial from 5/26/98 to 6/1/98 . Signed by Judge Sterling Johnson Jr. See letter dated 5/26/98 from Jim Walden, AUSA to Judge Johnson. (Permaul, Jenny) (Entered: 06/04/1998)
05/29/1998 / 377 / ORDER as to Anthony Tabbita, endorsed on letter dated 5/26/98 from Ellyn Bank to Magistrate Gold, requesting a two week adjournment in the motion schedule. The application is granted. ( Signed by Magistrate Steven M. Gold , dated: 5/26/98) (Jean (Entered: 05/29/1998)
05/22/1998 / 372 / LETTER dated 5/20/98 from R. Rubinstein to Judge Johnson, requesting a brief adjournment of the cross-examination of Mr. Bonfiglio. (Jean (Entered: 05/22/1998)
05/22/1998 / 371 / LETTER dated 5/15/98 from Ellyn Bank to Judge Johnson, regarding all pretrial motions as to Mr. Tabbita to be submitted on or before 6/1/98. (Jean (Entered: 05/22/1998)
05/22/1998 / 370 / LETTER dated 5/20/98 from Jim Walden to Judge Johnson, regarding the testimony of Harry Bonfiglio. (Jean (Entered: 05/22/1998)
05/20/1998 / 374 / CALENDAR ENTRY as to Vito Guzzo, Fabio Bartolotta, Anthony Tabbita, Peter Kapihe, Guiseppe Sciulara, Josephine Troia, Anthony Stelluto, Brian Lindemann ; Case called before Judge Sterling Johnson Jr. on date of 5/20/98 for Deposition & Motion Hearing. Court Reporter S. Silverman, defts present with counsel, AUSA J. Walden. Cursio hearing held as to defts. Deposition adjourned to 6/16/98 @ 9:30am. (Jean (Entered: 05/28/1998)
05/04/1998 / 362 / CALENDAR ENTRY as to Fabio Bartolotta, Anthony Tabbita ; Case called before Magistrate Steven M. Gold on date of 5/4/98 for Hearing. Court Reporter M. Diamond, AUSA J. Mothner, defts present with counsel. (Jean (Entered: 05/07/1998)
04/30/1998 / 368 / CALENDAR ENTRY as to Vito Guzzo, Fabio Bartolotta, Paul Ragusa, Guiseppe Sciulara, Brian Lindemann, Josephine Troia, Anthony Stelluto, Anthony Tabbita ; Case called before Magistrate Steven M. Gold on date of 4/30/98 for Status Hearing. Court Reporter S. Silverman, AUSA J. Mothner, defts present with counsel. Hearing adjourned to 5/4/98. (Jean (Entered: 05/18/1998)
04/29/1998 / 360 / ORDER as to Anthony Tabbita, endorsed on letter dated 4/27/98 from Jean Barrett to Judge Johnson, requesting that the Court permit Mr. Tabbita to file motions no later than 5/18/98. The extension is granted. ( Signed by Judge Sterling Johnson Jr. , dated: 4/27/98) (Jean (Entered: 04/29/1998)
04/27/1998 / 355 / CJA 21 as to Anthony Tabbita Authorization to Pay Carroll Audio Services $ 8.00 for Expert Services Voucher # 0565188 ( Signed by Judge Sterling Johnson Jr. , dated 4/15/98) (Jean (Entered: 04/27/1998)
04/27/1998 / 354 / LETTER dated 4/22/98 from Jonathan Mothner to Magistrate Gold responding to defts' motion to suppress certain out of court identifications. (Jean (Entered: 04/27/1998)
04/24/1998 / 351 / INTER-OFFICE MEMO from U.S. Pretrial Officer Steimel to Judge Johnson, dated 4/20/98, requesting that the bail for deft Stelluto be revoked. (Jean (Entered: 04/24/1998)
04/24/1998 / 349 / SEALED LETTER to be placed in vault. AUSA Jim Walden(prosecutor). (Jean (Entered: 04/24/1998)
04/22/1998 / ENDORSED ORDER dated 4/17/98 on document #348 granting application. Counsel for the U.S. shall promptly provide all defendants with a copy of this order. ( Magistrate Steven M. Gold, dated 4/17/98) (Guzzi, Roseann) (Entered: 04/22/1998)
04/20/1998 / 353 / INTER-OFFICE MEMO from Jeffrey Thomas Steimel to Judge Johnson dated 4/20/98 recommending that the defendant Anthony Stelluto's bail be revoked. (Guzzi, Roseann) (Entered: 04/24/1998)
04/20/1998 / 347 / CALENDAR ENTRY as to Anthony Tabbita ; Case called before Judge Sterling Johnson Jr. on date of 4/20/98 for Motion hearing. Court Reporter H. Driscoll, AUSA J. Walden, deft present with counsel. The Motion to quash is Denied. (Jean (Entered: 04/21/1998)
04/16/1998 / 346 / LETTER dated 4/9/98 from Ellyn Bank to U.S. Attorney's Office Death Penalty Committee, requesting a delay on the death penalty recommendation. (Jean (Entered: 04/16/1998)
04/15/1998 / 344 / ORDER as to Vito Guzzo, Fabio Bartolotta, Anthony Tabbita, the following death-qualified counsel shall be appointed in the case Jason Solatoroff, Joseph Krakora, Jean DeSales. ( Signed by Judge Sterling Johnson Jr. , dated: 4/7/98) (Jean (Entered: 04/15/1998)
04/15/1998 / 343 / LETTER dated 4/6/98 from Ellyn Bank to Judge Johnson, requesting that the Court appoint death qualified counsel. (Jean (Entered: 04/15/1998)
04/08/1998 / 342 / LETTER dated 4/2/98 from Ellyn Bank to James Walden, regarding the possibility of the death penalty being sought for Mr. Tabbita. (Jean (Entered: 04/08/1998)
04/06/1998 / 339 / LETTER dated 4/2/98 from Ellyn I. Bank to James Walden, AUSA, requesting an opportunity to present mitigating factors on behalf of defendant Tabbita prior to any final determination being made regarding the possible reccommendation of the death penalty. (Reddy, Lisa) (Entered: 04/07/1998)
04/01/1998 / 335 / LETTER dated 3/16/98 from Philip Katowitz to CJA Clerk, regarding an enclosed proposed Interim Voucher Order.(returned from Chambers unsigned) (Jean (Entered: 04/01/1998)
04/01/1998 / 334 / LETTER dated 3/23/98 from Ronald Rubinstein to Judge Johnson, requesting the Court to extend the determination of the Order to Show Cause. (Jean (Entered: 04/01/1998)