United States District Court, W.D. New York
August 25, 2005.
UNITED STATES OF AMERICA,
PATRICK M. COLE, Defendant.
The opinion of the court was delivered by: RICHARD ARCARA, District Judge
This case was referred to Magistrate Judge Leslie G. Foschio,
pursuant to 28 U.S.C. § 636(b)(1)(A). On April 1, 2005, defendant
filed a motion to suppress evidence. On May 27, 2005, Magistrate
Judge Foschio filed a Report and Recommendation, recommending
that defendant's motion to suppress evidence be denied. On June
13, 2005, both the defendant and the government filed objections
to the Report and Recommendation. Oral argument on the objections
was held on July 27, 2005.
Pursuant to 28 U.S.C. § 636(b)(1), this Court must make a de
novo determination of those portions of the Report and
Recommendation to which objections have been made. Upon a de
novo review of the Report and Recommendation, and after
reviewing the submissions and hearing argument from the parties,
the Court adopts the proposed findings of the Report and Recommendation, with one correction. On page 12 of the Report and
Recommendation, Magistrate Judge Foschio states that "[n]o other
address for Sans Suecie, Inc., is provided." To the contrary, in
paragraph 19 of the affidavit in support of the search warrant,
FBI Special Agent Lafferty stated that "[a]n investigation . . .
revealed a listing in the Erie County area talking phone book,
2003-2004 edition for a Sans Suecie, located at 85 Roma Avenue
14215 . . ." The defendant is accused of mail fraud in connection
with a fraudulent investment scheme, known as a "Ponzi Scheme"
involving Sans Suecie, Inc. He seeks to suppress evidence found
at his residence at 85 Roma Avenue in Buffalo, New York. The fact
that the then current telephone directory listed the defendant's
home address as the business address for "Sans Suecie" provides
even further support for the Court's conclusion that the motion
to suppress should be denied.
Accordingly, for the reasons set forth in Magistrate Judge
Foschio's Report and Recommendation, defendant's motion to
suppress evidence is denied. The parties shall appear before the
Court at 9:00 a.m. on Friday, August 26, 2005 for a meeting to
set a trial date.
IT IS SO ORDERED.
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