21 December 2002
Source: PACER
On December 17, 2002, the jury found Elcomsoft not guilty.
See list of daily transcripts: http://cryptome.sabotage.org/usa-v-elcom-dt.htm
| Docket as of December 20, 2002 9:23 pm | Web PACER (v2.3) |
ELCOM LTD. (1) Joseph M. Burton
aka [COR LD NTC ret]
Elcomsoft Co. Ltd. Spear Tower
defendant One Market Street
Suite 2000
San Francisco, CA 94105
415-371-2200
Pending Counts:
NONE
Terminated Counts: Disposition
18:371 CONSPIRACY TO TRAFFIC The Jury found the defendant
IN TECHNOLOGY PRIMARILY not guilty as to Counts 1
DESIGNED TO CIRCUMVENT AND through 5. The Court finds
MARKETED FOR USE IN that this is an acquittal and
CIRCUMVENTING, TECHNOLOGY THAT ordered the charges dismissed.
PROTECTS A RIGHT OF A (1)
COPYRIGHT OWNER
(1)
17 USC 1201(b)(1)(A) The Jury found the defendant
TRAFFICKING FOR GAIN IN not guilty as to Counts 1
TECHNOLOGY PRIMARILY through 5. The Court finds
DESIGNED TO CIRCUMVENT that this is an acquittal and
TECHNOLOGY THAT PROTECTS A ordered the charges dismissed.
RIGHT OF A COPYRIGHT OWNER; 18 (2 - 5)
USC 2 AIDING AND ABETTING
(2 - 5)
Offense Level (disposition): 4
Complaints:
NONE
Case Assigned to: Judge Ronald M. Whyte
DMITRII SKLYAROV (2) Joseph M. Burton
aka [COR LD NTC ret]
Dmitry Sklyarov Spear Tower
defendant One Market Street
Suite 2000
San Francisco, CA 94105
415-371-2200
Pending Counts: Disposition
18:371 CONSPIRACY TO TRAFFIC
IN TECHNOLOGY PRIMARILY
DESIGNED TO CIRCUMVENT AND
MARKETED FOR USE IN
CIRCUMVENTING, TECHNOLOGY THAT
PROTECTS A RIGHT OF A
COPYRIGHT OWNER
(1)
17 USC 1201(b)(1)(A)
TRAFFICKING FOR GAIN IN
TECHNOLOGY PRIMARILY
DESIGNED TO CIRCUMVENT
TECHNOLOGY THAT PROTECTS A
RIGHT OF A COPYRIGHT OWNER; 18
USC 2 AIDING AND ABETTING
(2 - 5)
Offense Level (opening): 4
Terminated Counts:
NONE
Complaints Disposition
Criminal complaint filed
against defendant for
violation of 17 USC
1201(b)(1)(A) and 18 USC 2
[ 5:01-m -257 ]
Case Assigned to: Judge Ronald M. Whyte
AMICI CURIAE (3) Julie E Cohen
Amicus Curiae [COR LD NTC]
Professor of Law
Georgetown University Law
Center
600 New Jersey, NW
Washington,, DC 20001
(202) 662-9871
Pending Counts:
NONE
Terminated Counts:
NONE
Complaints:
NONE
U. S. Attorneys:
Scott H. Frewing
[COR LD NTC]
U.S. Attorney's Office
280 So First St Room 371
San Jose, CA 95113
7/11/01 1 COMPLAINT Dmitry Skylarov (1) count(s) cmp Mag. Judge Patricia V. Trumbull [ 5:01-m -257 ] (cgb) [Entry date 07/19/01]
7/11/01 -- Bench Warrant issued for Dmitry Skylarov by Mag. Judge Patricia V. Trumbull Bail Set: No Bail [ 5:01-m -257 ] (cgb) [Entry date 07/19/01]
7/11/01 2 MOTION before Mag. Judge Patricia V. Trumbull by USA as to defendant Dmitry Skylarov to seal case [ 5:01-m -257 ] (cgb) [Entry date 07/19/01]
7/11/01 3 ORDER by Mag. Judge Patricia V. Trumbull granting motion to seal case [2-1] [ 5:01-m -257 ] (cgb) [Entry date 07/19/01]
7/30/01 7 RULE 40 Documents received from US District of Nevada (Las Vegas) as to Dmitrii Sklyarov [ 5:01-m -257 ] (cgb) [Entry date 08/13/01]
8/6/01 4 MINUTES: filed on 8/6/01 before Mag. Judge Patricia V. Trumbull ; first appearance of Dmitry Skylarov , Attorney present;, arraignment will be held at 9:30 8/23/01 for Dmitry Skylarov ; preliminary exam set for 9:30 8/23/01 for Dmitry Skylarov ; before Mag. Judge Edward A. Infante, Cash $50,000.00 Bond set for Dmitry Skylarov ( C/R: Diana Munz Tape No.: 029-01 EAI) [ 5:01-m -257 ] (scu) [Entry date 08/06/01]
8/6/01 5 ORDER by Mag. Judge Patricia V. Trumbull setting conditions of release for Dmitry Skylarov [ 5:01-m -257 ] (scu) [Entry date 08/06/01]
8/6/01 -- Docket Modification (Administrative) to unsealing case [ 5:01-m -257 ] (scu) [Entry date 08/13/01]
8/6/01 6 LETTER dated 8/1/01 from the Consulate General of Russian Federation as to defendant Dmitrii Sklyarov [ 5:01-m -257 ] (cgb) [Entry date 08/13/01]
8/10/01 8 Bench Warrant returned executed as to Dmitrii Sklyarov on 7/16/01 [ 5:01-m -257 ] (cgb) [Entry date 08/15/01]
8/10/01 9 RULE 40 Documents received from Nevada (Las Vegas) as to Dmitrii Sklyarov [ 5:01-m -257 ] (cgb) [Entry date 08/15/01]
8/23/01 10 MINUTES: filed on 8/23/01 before Magistrate Judge Richard Seeborg ; arraignment will be held at 9:30 8/30/01 for Dmitrii Sklyarov ; preliminary exam held before Magistrate Judge Richard Seeborg as to defendant Dmitrii Sklyarov ( C/R: Diana Munz Tape No.: 040-01 RS) [ 5:01-m -257 ] (cgb) [Entry date 08/28/01]
8/28/01 11 INDICTMENT by AUSA Scott H. Frewing. Counts filed against Elcom Ltd (1) count(s) 1, 2-5 Dmitrii Sklyarov (2) count(s) 1, 2-5 (cgb) [Entry date 08/29/01]
8/30/01 12 MINUTES: filed on 8/30/1 before Magistrate Judge Richard Seeborg ; dft Elcom Ltd. arraigned; NOT GUILTY plea entered; Alexander Katalov appears as representative of company; Attorney Joseph M. Burton present;, arraignment held; status hearing will be held at 9:00 9/4/01 for Elcom Ltd. ; before Judge Ronald M. Whyte ( C/R: Peter Torreano) (cfe) [Entry date 10/02/01]
8/30/01 13 MINUTES: filed on 8/30/1 before Magistrate Judge Richard Seeborg ; dft Dmitrii Sklyarov arraigned; NOT GUILTY plea entered; Attorney present;, status hearing will be held at 9:00 9/4/01 for Dmitrii Sklyarov ; before Judge Ronald M. Whyte ( C/R: Peter Torreano) (cfe) [Entry date 10/02/01]
9/4/01 17 MINUTES: filed on 11/7/1 before Judge Ronald M. Whyte ; status hearing held; further status hearing will be held at 9:00 9/24/01 for Elcom Ltd., for Dmitrii Sklyarov ; before Judge Ronald M. Whyte, to exclude time from 9/4/01 to 9/24/01 as to defendant Elcom Ltd., defendant Dmitrii Sklyarov ( C/R: Lee-Anne Shortridge) (cfe) [Entry date 11/08/01]
9/18/01 14 ORDER by Judge Ronald M. Whyte to exclude time from 9/4/01 to 9/24/01 as to defendant Elcom Ltd., defendant Dmitrii Sklyarov (cgb) [Entry date 10/12/01]
9/24/01 18 MINUTES: filed on 11/7/1 before Judge Ronald M. Whyte ; status hearing held; further status hearing will be held at 9:00 11/26/01 for Elcom Ltd., for Dmitrii Sklyarov ; before Judge Ronald M. Whyte, to exclude time from 9/24/01 to 11/26/01 as to defendant Elcom Ltd., defendant Dmitrii Sklyarov ( C/R: Lee-Anne Shortridge) (cfe) [Entry date 11/08/01]
9/29/01 -- SUMMONS issued as to Elcom Ltd. before Magistrate Judge Richard Seeborg (cfe) [Entry date 10/02/01]
9/29/01 15 SUMMONS returned unexecuted upon Elcom Ltd. (cfe) [Entry date 10/18/01]
10/10/01 16 ORDER by Judge Ronald M. Whyte to exclude time from 9/24/01 to 11/26/01 as to defendant Elcom Ltd., defendant Dmitrii Sklyarov (cfe) [Entry date 10/19/01]
12/10/01 19 ORDER by Judge Ronald M. Whyte to exclude time from 11/26/01 to 04/15/02 as to defendant Elcom Ltd., defendant Dmitrii Sklyarov (cfe) [Entry date 12/13/01]
12/13/01 20 STIPULATION to Modification of Conditions of Release and Appearance by Defendant, Surety and the Government as to defendant Elcom Ltd., defendant Dmitrii Sklyarov (cfe) [Entry date 12/13/01]
12/13/01 -- RECEIVED Proposed Order Modifying Conditions of Release and Appearance as to defendant Elcom Ltd., defendant Dmitrii Sklyarov (cfe) [Entry date 12/13/01]
12/13/01 21 PRETRIAL DIVERSION AGREEMENT by Dmitrii Sklyarov as to defendant Dmitrii Sklyarov (cfe) [Entry date 12/14/01]
12/19/01 22 ORDER by Judge Ronald M. Whyte modifying conditions of release and appearance as to defendant Dmitrii Sklyarov (cfe) [Entry date 12/20/01]
12/26/01 23 PROOF OF SERVICE by defendant Dmitrii Sklyarov of order [22-2] as to defendant Dmitrii Sklyarov (cfe) [Entry date 12/26/01]
1/14/02 24 NOTICE OF MOTION AND MOTION before Judge Ronald M. Whyte by defendant Elcom Ltd. to dismiss count one: conspiracy (cfe) [Entry date 01/15/02] [Edit date 01/15/02]
1/14/02 25 NOTICE OF MOTION and MOTION before Judge Ronald M. Whyte by defendant Elcom Ltd. to dismiss indictment for lack of jurisdiction (cfe) [Entry date 01/15/02] [Edit date 01/15/02]
1/14/02 26 DECLARATION by Alexander Katalov on behalf of defendant Elcom Ltd. in support of motion to dismiss indictment for lack of jurisdiction [25-1] as to defendant Elcom Ltd. (cfe) [Entry date 01/15/02]
1/16/02 27 ORDER by Judge Ronald M. Whyte that the testimony of defendant Dmitry Sklyarov be preserved as to defendant Dmitrii Sklyarov (cfe) [Entry date 01/16/02]
1/16/02 28 STIPULATION AND APPLICATION before Judge Ronald M. Whyte by USA as to defendant Dmitrii Sklyarov requesting a deposition pursuant to Federal Rule of Criminal Procedure 15 (cfe) [Entry date 01/16/02]
1/28/02 29 MOTION before Judge Ronald M. Whyte by defendant Elcom Ltd. to dismiss indictment for violation of due process (cfe) [Entry date 01/28/02]
1/28/02 30 NOTICE by defendant Elcom Ltd. as to defendant Elcom Ltd. [29-1] motion to dismiss indictment for violation of due process (cfe) [Entry date 01/28/02]
1/28/02 31 DECLARATION by Alexander Katalov on behalf of defendant Elcom Ltd. in support of motion to dismiss indictment for violation of due process [29-1] as to defendant Elcom Ltd. (cfe) [Entry date 01/28/02]
1/28/02 32 DECLARATION by Joseph M. Burton on behalf of defendant Elcom Ltd. in support of motion to dismiss indictment for violation of due process [29-1] as to defendant Elcom Ltd. (cfe) [Entry date 01/28/02]
1/28/02 33 NOTICE OF MOTION AND MOTION before Judge Ronald M. Whyte by defendant Elcom Ltd. to dismiss based on first amendment (cfe) [Entry date 01/28/02] [Edit date 01/28/02]
1/28/02 34 MEMORANDUM of Points and Authorities by defendant Elcom Ltd. in support of motion to dismiss based on first amendment [33-1] as to defendant Elcom Ltd. (cfe) [Entry date 01/28/02]
1/28/02 35 DECLARATION by Michael D. Celio on behalf of defendant Elcom Ltd. re motion to dismiss based on first amendment [33-1] as to defendant Elcom Ltd. (cfe) [Entry date 01/28/02]
1/28/02 36 MOTION before Judge Ronald M. Whyte by Amicus Curiae for leave to file amicus brief with Notice set for 9:00 4/1/02 (cfe) [Entry date 01/28/02]
1/28/02 37 MEMORANDUM of Points and Authorities by Amicus Curiae in support of motion for leave to file amicus brief [36-1] as to defendant Elcom Ltd. (cfe) [Entry date 01/28/02] [Edit date 02/08/02]
1/28/02 38 PROOF OF SERVICE by defendant Dmitrii Sklyarov of motion to dismiss based on first amendment [33-1], memorandum [34-1], declaration [35-1], motion for leave to file amicus brief [36-1], memorandum [37-1] as to defendant Dmitrii Sklyarov (cfe) [Entry date 01/28/02]
2/4/02 39 MOTION before Judge Ronald M. Whyte by Amicus Curiae for leave to file amicus curiae (cfe) [Entry date 02/05/02]
2/4/02 40 DECLARATION by Henry Schwan on behalf of Amicus Curiae Amici Curiae re motion for leave to file amicus curiae [39-1] as to defendant Elcom Ltd., defendant Dmitrii Sklyarov (cfe) [Entry date 02/05/02]
2/4/02 41 Amicus Brief of the Electronic Frontier Foundation, et. al. by Amicus Curiae in support of motion to dismiss as to defendant Elcom Ltd., defendant Dmitrii Sklyarov (cfe) [Entry date 02/05/02]
2/6/02 42 CORRECTED MEMORANDUM of Points and Authorities of Amici Curiae by Amici Curiae as to defendant Elcom Ltd., defendant Dmitrii Sklyarov (cfe) [Entry date 02/08/02]
2/8/02 43 OPPOSITION by Plaintiff USA as to defendant Elcom Ltd. motion to dismiss indictment for lack of jurisdiction [25-1] (cfe) [Entry date 02/08/02]
2/8/02 44 DECLARATION by Kevin J. McGee on behalf of Plaintiff USA in support of opposition [43-1] as to defendant Elcom Ltd. (cfe) [Entry date 02/08/02]
2/8/02 45 OPPOSITION by Plaintiff USA as to defendant Elcom Ltd. motion to dismiss count one: conspiracy [24-1] (cfe) [Entry date 02/08/02]
2/11/02 46 NOTICE of Computer Professionals for Social Responsibility Joining Amicus Brief of the Electrnic Frontier Foundation et. al., in support by Amici Curiae as to defendant Elcom Ltd. [33-1] motion to dismiss based on first amendment (cfe) [Entry date 02/11/02]
2/25/02 47 REPLY MEMORANDUM by defendant Elcom Ltd. in support of motion to dismiss count one: conspiracy [24-1] as to defendant Elcom Ltd. (cfe) [Entry date 02/25/02] [Edit date 02/25/02]
2/25/02 48 DECLARATION by Alexander Katalov on behalf of defendant Elcom Ltd. in suppor of reply [47-1] as to defendant Elcom Ltd. (cfe) [Entry date 02/25/02]
2/25/02 49 REPLY by defendant Elcom Ltd. re opposition [45-1] as to defendant Elcom Ltd. (cfe) [Entry date 02/25/02]
3/4/02 50 DECLARATION of Thomas Diaz by Tom Diaz on behalf of defendant Elcom Ltd. as to defendant Elcom Ltd. (cfe) [Entry date 03/04/02]
3/4/02 51 MOTION before Judge Ronald M. Whyte by USA as to defendant Elcom Ltd. to file brief in excess of page limit in civil L.R. 7-4(b) (cfe) [Entry date 03/04/02]
3/4/02 52 OPPOSITION by Plaintiff USA to dismiss the indictment on constitutional grounds as to defendant Elcom Ltd. (cfe) [Entry date 03/04/02]
3/4/02 53 DECLARATION by Daniel J. O'Connell on behalf of Plaintiff USA in support of opposition [52-1] as to defendant Elcom Ltd. (cfe) [Entry date 03/04/02]
3/4/02 54 MINUTES: filed on 3/4/2 before Judge Ronald M. Whyte ; for order to submit motion to dismiss for lack of subject matter jurisdiction as to defendant Elcom Ltd. ( C/R: Lee-Anne Shortridge) (cfe) [Entry date 03/04/02]
3/5/02 55 ORDER by Judge Ronald M. Whyte granting motion to file brief in excess of page limit in civil L.R. 7-4(b) [51-1] (cfe) [Entry date 03/06/02]
3/18/02 56 REPLY Memorandum of Points and Authorities by defendant Elcom Ltd. in support of motion to dismiss based on first amendment [33-1] as to defendant Elcom Ltd. (cfe) [Entry date 03/19/02]
3/18/02 57 REPLY Memorandum by defendant Elcom Ltd. in support of motion to dismiss indictment for violation of due process [29-1] as to defendant Elcom Ltd. (cfe) [Entry date 03/19/02]
3/27/02 58 ORDER by Judge Ronald M. Whyte denying motion to dismiss indictment for lack of subject matter jurisdiction [25-1] as to defendant Elcom Ltd. (cfe) [Entry date 03/28/02]
4/1/02 59 MINUTES: filed on 4/2/2 before Judge Ronald M. Whyte ; that the motion for leave to file amicus brief [36-1] is submitted, that the motion to dismiss based on first amendment [33-1] is submitted ( C/R: Lee-Anne Shortridge) (cfe) [Entry date 04/03/02]
4/15/02 60 MINUTES: filed on 4/15/2 before Judge Ronald M. Whyte ; Trial setting hearing will be held at 9:00 5/6/02 for Elcom Ltd. ; before Judge Ronald M. Whyte, to exclude time from 4/15/02 to 5/6/02 as to defendant Elcom Ltd. ( C/R: Lee-Anne Shortridge) (cfe) [Entry date 04/16/02]
4/19/02 61 LETTER BRIEF dated 4/18/2 from Dmitrii Sklyarov as to defendant Dmitrii Sklyarov (cfe) [Entry date 04/19/02]
4/19/02 62 PROOF OF SERVICE by defendant Dmitrii Sklyarov of letter [61-1] as to defendant Dmitrii Sklyarov (cfe) [Entry date 04/19/02]
4/22/02 -- RECEIVED Proposed Order Excluding Time Pursuant to Speedy Trial Act as to defendant Elcom Ltd. (cfe) [Entry date 04/22/02]
4/30/02 63 ORDER by Judge Ronald M. Whyte Trial setting hearing will be held at 9:00 5/6/02 for Elcom Ltd. ; before Judge Ronald M. Whyte, to exclude time from 4/15/02 to 5/6/02 as to defendant Elcom Ltd. (cfe) [Entry date 05/01/02]
5/8/02 64 ORDER by Judge Ronald M. Whyte denying motion to dismiss the inidictment based on constitutional grounds [33-1] as to defendant Elcom Ltd. (cfe) [Entry date 05/08/02]
5/20/02 65 MINUTES: filed on 5/21/2 before Judge Ronald M. Whyte ; pre-trial conference will be held 2:00 8/15/02 for Elcom Ltd. ; Trial setting hearing will be held at 1:30 8/26/02 for Elcom Ltd. ; before Judge Ronald M. Whyte, to exclude time from 5/20/02 to 8/26/02 as to defendant Elcom Ltd. ( C/R: Lee-Anne Shortridge) (cfe) [Entry date 05/22/02]
8/8/02 66 STIPULATION for trial continuance as to defendant Elcom Ltd. (cgb) [Entry date 08/12/02]
8/8/02 -- RECEIVED Proposed Order continuing submitted trial date and excluding time by Plaintiff USA as to defendant Elcom Ltd. (cgb) [Entry date 08/12/02]
8/14/02 67 ORDER by Judge Ronald M. Whyte continuing as to defendant Elcom Ltd., Jury trial set for 2:00 10/21/02 for Elcom Ltd. ; before Judge Ronald M. Whyte as to defendant Elcom Ltd. (cgb) [Entry date 08/16/02]
10/1/02 68 NOTICE by defendant Elcom Ltd. of change of address as to counsel for defendant Elcom Ltd. (cgb) [Entry date 10/02/02]
10/2/02 69 CLERK'S NOTICE pre-trial conference will be held 2:00 10/17/02 for Elcom Ltd. ; before Judge Ronald M. Whyte as to defendant Elcom Ltd. (cgb) [Entry date 10/03/02]
10/10/02 70 JURY INSTRUCTIONS submitted by defendant Elcom Ltd. (cgb) [Entry date 10/11/02]
10/10/02 71 DESIGNATION OF WITNESS(ES) submitted by defendant Elcom Ltd. (cgb) [Entry date 10/11/02]
10/10/02 72 PRE-TRIAL CONFERENCE STATEMENT by defendant Elcom Ltd. (cgb) [Entry date 10/11/02]
10/11/02 73 PRE-TRIAL MEMORANDUM by Plaintiff USA (cgb) [Entry date 10/11/02]
10/11/02 74 EXHIBIT list by Plaintiff USA as to defendant Elcom Ltd., defendant Dmitrii Sklyarov (cgb) [Entry date 10/11/02]
10/11/02 75 MOTION before Judge Ronald M. Whyte by USA as to defendant Elcom Ltd., defendant Dmitrii Sklyarov in limine to exclude evidence of custody of witness Dmitry Sklyarov (cgb) [Entry date 10/11/02]
10/11/02 76 MOTION before Judge Ronald M. Whyte by USA as to defendant Elcom Ltd., defendant Dmitrii Sklyarov in limine to exclude evidence re purchaser's intentions (cgb) [Entry date 10/11/02]
10/11/02 77 MOTION before Judge Ronald M. Whyte by USA as to defendant Elcom Ltd. in limine to exclude evidence and argument re jury nullification (cgb) [Entry date 10/11/02]
10/11/02 78 PROPOSED JURY INSTRUCTIONS submitted by Plaintiff USA as to defendant Elcom Ltd. (cgb) [Entry date 10/11/02]
10/11/02 -- RECEIVED VERDICT for Plaintiff USA (cgb) [Entry date 10/11/02]
10/11/02 79 VOIR DIRE submitted by Plaintiff USA as to defendant Elcom Ltd. (cgb) [Entry date 10/15/02]
10/15/02 80 TRIAL briefs re: Defendant's Objection to Government's Proposed Instruction on Willfulness and Oppoition to Government's Motion on Limine submitted by defendant Elcom Ltd. as to defendant Elcom Ltd. (cfe) [Entry date 10/16/02]
10/16/02 81 MEMORANDUM by Plaintiff USA in opposition to a good faith instruction and in support its proposed willfulness instruction as to defendant Elcom Ltd. (cgb) [Entry date 10/21/02]
10/17/02 82 MINUTES: filed on 10/21/02 before Judge Ronald M. Whyte ; pre-trial conference will be held 2:00 11/21/02 for Elcom Ltd., for Dmitrii Sklyarov ; Jury trial set for 1:30 12/2/02 for Elcom Ltd., for Dmitrii Sklyarov ; before Judge Ronald M. Whyte ( C/R: Lee Anne Shortridge) (cgb) [Entry date 10/24/02]
10/21/02 -- RECEIVED Proposed order re revised trial schedule submitted by defendant Elcom Ltd. (cgb) [Entry date 10/24/02]
10/29/02 83 ORDER by Judge Ronald M. Whyte Jury Selection will be held on 1:00 12/2/02 for Elcom Ltd. ; Trial begins at 8:00 12/3/02 for Elcom Ltd. ; before Judge Ronald M. Whyte as to defendant Elcom Ltd. (cfe) [Entry date 11/05/02] [Edit date 11/05/02]
11/7/02 84 MOTION before Judge Ronald M. Whyte by defendant Elcom Ltd. to dismiss indictment (cgb) [Entry date 11/12/02]
11/7/02 85 NOTICE by defendant Elcom Ltd. [84-1] motion to dismiss indictment (cgb) [Entry date 11/12/02]
11/7/02 86 DECLARATION by Marina Serebryanaya on behalf of defendant Elcom Ltd. re motion to dismiss indictment [84-1] (cgb) [Entry date 11/12/02]
11/7/02 87 DECLARATION by Alexander Katalov on behalf of defendant Elcom Ltd. re motion to dismiss indictment [84-1] (cgb) [Entry date 11/12/02]
11/7/02 88 DECLARATION by Joseph M. Burton on behalf of defendant Elcom Ltd. re motion to dismiss indictment [84-1] as to defendant Elcom Ltd. (cgb) [Entry date 11/12/02]
11/14/02 89 OPPOSITION by Plaintiff USA to as to defendant Elcom Ltd. motion to dismiss indictment [84-1] (cgb) [Entry date 11/15/02]
11/14/02 90 DECLARATION by Scott Frewing on behalf of Plaintiff USA re opposition [89-1] (cgb) [Entry date 11/15/02]
11/25/02 97 MINUTES: filed on 12/3/02 before Judge Ronald M. Whyte ; finding the motion to dismiss indictment [84-1] moot. ( C/R: Lee Anne Shortridge) (cgb) [Entry date 12/03/02]
11/26/02 91 SUPPLEMENTAL MEMORANDUM by Plaintiff USA regarding willful jury instruction [78-1] as to defendant Elcom Ltd. (sr) [Entry date 11/27/02] [Edit date 12/03/02]
11/27/02 92 Requested VOIR DIRE questions submitted by defendant Elcom Ltd. (cgb) [Entry date 12/02/02]
11/27/02 93 JURY INSTRUCTIONS submitted by defendant Elcom Ltd. (cgb) [Entry date 12/02/02]
12/2/02 94 MINUTES: filed on 12/3/02 before Judge Ronald M. Whyte ; jury impaneled, Jury trial set for 8:30 12/3/02 for Elcom Ltd. ; before Judge Jeremy Fogel as to defendant Elcom Ltd. ( C/R: Peter Torreano) (cgb) [Entry date 12/03/02]
12/3/02 95 MINUTES: filed on 12/3/02 before Judge Ronald M. Whyte ; voir dire begins Jury trial began, Jury trial held Jury trial set for 8:00 12/4/02 for Dmitrii Sklyarov ; before Judge Ronald M. Whyte ( C/R: Peter Torreano) (cgb) [Entry date 12/03/02]
12/3/02 96 SUPPLEMENTAL MEMORANDUM regarding "willful" jury instruction by defendant Elcom Ltd. as to defendant Elcom Ltd. (cgb) [Entry date 12/03/02]
12/4/02 98 EXHIBIT list by Plaintiff USA as to defendant Elcom Ltd. (cgb) [Entry date 12/05/02]
12/4/02 99 REVISED DESIGNATION OF WITNESS(ES) submitted by Plaintiff USA as to defendant Elcom Ltd. (cgb) [Entry date 12/05/02]
12/4/02 104 MINUTES: filed on 12/12/2 before Judge Ronald M. Whyte ; Jury trial held; Further Jury trial set for 8:00 12/5/02 for Elcom Ltd., for Dmitrii Sklyarov ; before Judge Ronald M. Whyte ( C/R: Peter Torreano) (sr) [Entry date 12/13/02]
12/5/02 105 MINUTES: filed on 12/12/2 before Judge Ronald M. Whyte ; Jury trial held; the Government rest their case; Jury trial set for 1:00 12/9/02 for Elcom Ltd.; before Judge Ronald M. Whyte ( C/R: Peter Torreano) (sr) [Entry date 12/13/02]
12/6/02 100 MOTION before Judge Ronald M. Whyte by USA as to defendant Elcom Ltd. to exclude exhibits disclosed midtrial (sr) [Entry date 12/09/02]
12/9/02 101 ADDITIONAL JURY INSTRUCTIONS proposed by plaintiff USA (sr) [Entry date 12/10/02] [Edit date 12/10/02]
12/9/02 1516 MINUTES: filed on 12/12/2 before Judge Ronald M. Whyte ; Jury trial held; Jury excused for the day; Further Jury trial set for 8:00 12/10/02 for Elcom Ltd. ; before Judge Ronald M. Whyte ( C/R: Peter Torreano) (sr) [Entry date 12/13/02] [Edit date 12/13/02]
12/10/02 107 MINUTES: filed on 12/12/2 before Judge Ronald M. Whyte ; Jury trial held; Defense rested their case. Jury was excused until 12/12/2 8:00 for closing arguments. The court to meet with counsel at 10:30 12/11/02 to go over jury instruction for Elcom Ltd. ; before Judge Ronald M. Whyte ( C/R: Peter Torreano) (sr) [Entry date 12/13/02]
12/11/02 102 OBJECTIONS by defendant Elcom Ltd. to plaintiff's additional jury instruction [101-1] (sr) [Entry date 12/11/02]
12/11/02 103 ADDITIONAL JURY INSTRUCTIONS proposed by defendant Elcom Ltd. (sr) [Entry date 12/11/02]
12/11/02 108 MINUTES: filed on 12/12/2 before Judge Ronald M. Whyte ; The Court met with counsel re: jury instruction and verdict form, Further Jury trial set for 8:00 12/12/02 for Elcom Ltd. ; before Judge Ronald M. Whyte ( C/R: Peter Torreano) (sr) [Entry date 12/13/02]
12/12/02 109 MINUTES: filed on 12/12/2 before Judge Ronald M. Whyte ; The Court instructs the jury. Closing arguments began, The jury was excused to begin deliberations before Judge Ronald M. Whyte ( C/R: Peter Torreano) (sr) [Entry date 12/13/02]
12/12/02 110 TRIAL EXHIBIT list (sr) [Entry date 12/13/02]
12/12/02 111 JURY INSTRUCTIONS (sr) [Entry date 12/13/02]
12/17/02 112 MINUTES: filed on 12/17/2 before Judge Ronald M. Whyte ; finding not guilty defendant Elcom Ltd. Elcom Ltd. (1) count(s) 1, 2 -5 . The Jury found the defendant not guilty as to Counts 1 through 5. The Court finds that this is an acquittal and ordered the charges dismissed., dismpty. dismissing as to defendant Elcom Ltd. ( C/R: Lee-Anne Shortridge) (sr) [Entry date 12/18/02]
12/17/02 113 VERDICT for Elcom Ltd. (sr) [Entry date 12/18/02]
12/17/02 114 JURY NOTE(S) (sr) [Entry date 12/18/02]
12/17/02 115 JURY ATTENDANCE SHEETS (sr) [Entry date 12/18/02]
12/18/02 116 REPORTER'S TRANSCRIPT; Date of proceedings: 12/9/2, Cross-Exam of Sklyarov ( C/R: Peter Torreano) (sr) [Entry date 12/19/02]
12/18/02 117 REPORTER'S TRANSCRIPT; McGee testimony Date of proceedings: 12/5/2 ( C/R: Peter Torreano) (sr) [Entry date 12/19/02]
12/18/02 118 REPORTER'S TRANSCRIPT; Cross-Exam of Diaz Date of proceedings: 12/4/2 ( C/R: Peter Torreano) (sr) [Entry date 12/19/02]
12/18/02 119 REPORTER'S TRANSCRIPT; Cross-exam of Diaz--Date of proceedings: 12/3/2 ( C/R: Peter Torreano) (sr) [Entry date 12/19/02]
12/19/02 120 JUDGMENT and Commitment issued as to Elcom Ltd. , Elcom Ltd. (1) count(s) 1, 2-5 Judge Ronald M. Whyte acquittal to all counts Elcom Ltd. (1) count(s) 1, 2-5 (cc: all counsel) ( Date Entered: 12/20/2) (sr) [Entry date 12/20/02]