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United States v. Lebovits

United States District Court, Second Circuit

January 16, 2014

UNITED STATES OF AMERICA,
v.
CHAIM MAYER LEBOVITS, Defendant.

Charles Kleinberg, LORETTA E. LYNCH, United States Attorney, Eastern District of New York, Brooklyn, NY, Attorneys for the Government.

Nathaniel Zachary Marmur, BALLARD SPAHR STILLMAN & FRIEDMAN LLP, New York, NY, Attorneys for Defendant.

ORDER ADOPTING REPORT AND RECOMMENDATION

STERLING JOHNSON, Jr., District Judge.

Defendant Chaim Lebovits ("Defendant" or "Lebovits") is currently under indictment for mail fraud, wire fraud, money laundering and related conspiracies arising out of his Vice Presidency and management of Liberty Planning, Inc., an insurance agency located in Monsey, New York. In a 13-count superseding indictment, Lebovits is charged with inducing insurance companies to issue highyield policies to elderly straw purchasers, based on false statements of both inflated net worth and inauspicious health, and then selling those policies for profit to investors. (See generally Superseding Indictment (Dkt. No. 106).) Defendant filed a motion for a bill of particulars, which by Report and Recommendation ("Report") dated November 30, 2012, Magistrate Judge Steven M. Gold recommended be denied. In particular, Judge Gold cited the government's August 16, 2012 provision to Lebovits of certain particulars - including the names, policy numbers, insurance agents and policy effective dates - of every policy underlying the superseding indictment. Defendant objects to the Report because he would also like to be provided with the particular false statements upon which the government intends to rely at trial.

Based upon a de novo determination of the portions of the Report to which Lebovits objected, this Court finds that Defendant is entitled to no more, and his objections are without merit. Therefore, the Report is accepted and adopted in all respects. See 28 U.S.C. ยง 636(b)(1).

SO ORDERED.


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