U.S. v. EGAN

No. 10 Cr. 191 (JFK).

811 F.Supp.2d 829 (2011)

UNITED STATES of America, v. Robert EGAN and Bernard McGarry, Defendants. Bank of America, N.A., Clothing Emporium, Inc., Dep't of Veterans Affairs Federal Credit Union, Inserra Supermarkets, Inc., Mahopac Nat'l Bank, MoneyGram Int'l, Inc., Money Spot, Inc., Those Interested Underwriters Who Subscribed to the Policies/Certificates of Insurance Numbered B0702BB008120Y and UM00018767SP09A, as Subrogees and Assignees of U.S. Bancorp, Trans Fast Remittance, LLC, and XL Specialty Ins. Co. and Starnet Ins. Co., as Subrogees and Assignees of Wilmington Savings Fund Society, Claimants.

United States District Court, S.D. New York.

August 2, 2011.


Attorney(s) appearing for the Case

Preet Bharara , United States Attorney for the Southern District of New York, by: Assistant United States Attorney David I. Miller , Assistant United States Attorney Antonia Apps , for the United States of America.

Zeichner Ellman & Krause LLP, by: Barry J. Glickman, Esq. , for Claimant Bank of America, N.A.

Gleason & Koatz, LLP, by: John P. Gleason, Esq. , for Claimant Clothing Emporium, Inc.

Goldman & Van Beek, P.C., by: John P. Van Beek, Esq. , Holly A. Currier, Esq. , for Claimant Department of Veterans Affairs Federal Credit Union.

Cole, Schotz, Meisel, Forman & Leonard, P.A., by: Michael S. Weinstein, Esq. , for Claimant Inserra Supermarkets, Inc.

Delbello Donnellan Weingarten Wise & Wiederkehr, LLP, by: Frank J. Haupel, Esq. , for Claimant Mahopac Nat'l Bank.

Gibson, Dunn & Crutcher LLP, by: Alexander H. Southwell, Esq. , for Claimant MoneyGram International, Inc.

Heller, Horowitz & Feit, P.C., by: Eli Feit, Esq. , Stuart A. Blander, Esq. , for Claimant Money Spot, Inc.

Lankler & Carragher, LLP, by: Michael F. Armstrong, Esq. , Owen B. Carragher, Esq. , César de Castro, Esq. , for Claimants Those Interested Underwriters Who Subscribed to the Policies/Certificates of Insurance Numbered B0702BB008120Y and UM00018767SP09A, as Subrogrees and Assignees of U.S. Bancorp.

Winne, Banta, Hetherington, Basralian & Kahn, P.C., by: Michael J. Cohen, Esq. , for Claimant Trans Fast Remittance, LLC.

Lankler & Carragher, LLP, by: Michael F. Armstrong, Esq. , Owen B. Carragher, Esq. , César de Castro, Esq. , for Claimants XL Specialty Insurance Company and Starnet Insurance Company, as Subrogees and Assignees of Wilmington Savings Fund Society.


OPINION AND ORDER

JOHN F. KEENAN, District Judge.

I. Introduction

A grand jury in the Southern District of New York indicted Robert Egan ("Egan") and Bernard McGarry ("McGarry") on March 10, 2010, charging the defendants with one count of conspiracy to commit wire and bank fraud and six counts of bank fraud. On September 15, 2010, Egan pleaded guilty to all seven counts. On October 13, 2010, McGarry pleaded guilty to all seven counts as well. On...

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