There have been a flurry of legal activity at the District Court of NJ. David Simmons had his probation revised to add a new special condition that he pay a monthly restitution payment of $50. This was approved by the Honorable Judge Pisano on August 16, 2012.
The saga of Larry Berke‘s ever changing “report to prison” date continues with a very interesting turn of events. Berke has filed a lawsuit against the Federal Bureau of Prisons et al alleging that the prison that Berke is to report to “does not have the appropriate facilities or accommodations for his needs as a Deaf individual.” (Berke v Federal Bureau of Prisons et al) The case number is 1:12-cv-01347-ESH. This case will be presided over by the Honorable Judge Ellen Segal Huvelle. The initial filing is at the end of this post for your reading pleasure.
In summary, because of the lawsuit, Berke’s legal team requested a delay of the surrender date while they meet with Honorable Judge Huvelle, representatives from the U.S. Department of Justice and the Bureau of Prisons, with the first meeting occurring on August 16, 2012. All parties involved agreed not to oppose a change in the surrender date to September 28, 2012, and requested Honorable Judge Pisano as the sentencing judge to sign off on the change, which he did (although on the last order modifying the surrender date, he wrote down on the order that it was to be the last change). The change of date will allow the Honorable Judge Huvelle to decide on the lawsuit by then.
The lawsuit has the potential of changing how Deaf prisoners are incarcerated in the country, so this case is something to watch. This may have a ripple effect on any future sentencing for both known and unknown VRS Fraud defendants.
David Simmons Probation revision is here
Larry Berke Lawsuit Letter to Pisano is here
Larry Berke Change of Surrender Date is here
Larry Berke Lawsuit filed with the US District Court of the DC is here
[UPDATED] Larry Berke Judgment is here
[UPDATED] John TC Yeh Judgment is here
[UPDATED] Joseph Yeh Judgment is here