Larry Berke and David Simmons Update

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

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5 Responses to Larry Berke and David Simmons Update

  1. Whomever says:

    Honestly, criminals should not have any rights in prisons – they forfeited the freedom of rights the minute they committed crimes against man, woman, child, or society. Taxpayers are paying to keep society safe from menaces to society, and now Berke expects royal treatment? Berke, suck it up! Its only for a couple of years. Its not like its the end of the world. Go to the same prison as Yeh, simple. Convenience went out the window when you defrauded the government and the people.

    On the other hand, prisons should not be glorified like Gallaudet. It's the real world. Read the bible if you feel you need religion. Teach ASL to your cellmates. Teach your cellmates to be your interpreters. They are deprived just as you are.

    Once you are in prison, "Welcome to Oz, bitch."

    Just my two cents in.

  2. alan says:

    How much does David have to pay before his probation revised?

    Per Larry, a lot of people are not surprised with his latest lawsuit against the Federal Bureau of Prisons. Did you know that he is well-spoken with voice on a phone, and able to understand what hearings people are saying on a phone without a videophone? Yes, he does. I think he is gaming and gambling around in attempt to get a reduced sentencing. Apparently, It may works for him. The judge should remind Larry that he is a professional criminal whose stole some money from US taxpayers, and he should accepts this fate rather than suing. A lot of ordinary people like us don't know how to do this things like Larry conducted to defraud the government and the people. Larry should be treated like an ordinary people, not because of Deaf. I know there are more deaf individual in prisons who need appropriate facilities or accommodations than Larry does! If I am in his shoes, a phone is all I need!

    TL:DR: Prison is hell for everyone. Apparently, Larry has never thought of that when he was messing around. Or, he didn't care that much.

    • vrsjustice says:

      Alan,

      According to the David Simmons petition (linked above), the Probation officer recommended a change in restitution payments from $100 to $50.

      This is not unexpected. Another defendant, Hennadi Holovkin, had the monthly restitution payments reduced to $10 early this summer and the cost of home confinement was waived.

      By the way, in case anybody is wondering, Larry Berke's monthly restitution payments are to be no less than $350 to start 30 days after he is released from confinement. (source: District of Columbia PACER for that lawsuit. If interested, I will upload that document that was introduced as one of the exhibits.)

  3. alan says:

    Go ahead and upload that document. I am going to learn how to use PACER soon. Also, I am wondering about John and Joseph Yeh's monthly restitution. Can you find them thru PACER, too? Thanks!

    PS: I am curious why do you must pay speeding ticket within 30-60 days while monthly restitution looks much softer? For some reasons, I think the judge soften the sentences on individual who involved in this case. I mean, Larry generates more than 10k dollars from apartment buildings in DC where he is running as landlord, and yet pay only $350 to start? He has more incomes as well. I don't know if he didn't cooperate with the judge about his incomes. If he failed to cooperate or disclose his complete incomes then the judge and FBI/OIG could find out by themselves, right?

    • vrsjustice says:

      Alan,

      I uploaded three documents linked above — prefixed with [UPDATED]. You can find the monthly restitution amounts in there near the end. Larry is $350, both Yehs are $500 monthly — again, these amounts are to kick in 30 days after their imprisonment ends. They do have to pay up to $25 every three months during their prison stay. The monthly amount can be changed higher or lower based on the probation office's review of their tax records, financial records, and so on.

      PS: Look for number (18) in these documents, it states that "Upon request, you shall provide the U.S. Probation Office with full disclosure of your financial records, including co-mingled income, expenses, assets and liabilities, to include yearly income tax returns. […snip snip…] You shall cooperate with the Probation Officer in the investigation of your financial dealings and shall provide truthful monthly statements of your income. You shall cooperate in the signing of any necessary authorization to release information forms permitting the U.S. Probation Office access to your financial information and records;"

      In short, Larry Berke will not be able to avoid not reporting any income he may be generating anywhere in the country. "co-mingling" and "yearly income tax returns" will expose whatever incomes he may have. So yes, the U.S. Probation Office will find out one way or another.

      PPS: Yes, you can find all these in PACER. Here is how (use Clercjr's excellent blog post on how to do PACER — http://clercjr.wordpress.com/2011/06/24/want-to-get-court-documents/): Log into PACER. Do a query against the case you want to find out information on (i.e., for Larry Berke and his group of defendants, it would be 3:09-cr-00857-JAP). Run Query, then select "History/Documents", then select "Only events with documents" and hit Run Query. Look for Judgment or Amended Judgment in there. Every important document is in there for the public to read. They make for interesting bedtime reading.

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