Ronald Ottaviano

[Demosthenes]

I'll try to give y'all a rundown when I get home.

Pretty please.

[Parvati]

This date/time popped up today, so I will assume it's accurate for the moment. Per PACER:

NOTICE OF HEARING as to ANGEL DONE Sentencing set for 12/21/2011 11:30 AM before Judge William J. Martini. (gh, )

I'll post the dates/times for the others as I find them.

[Cathulhu]

I'll try to give y'all a rundown when I get home.

Pretty please.

With sugar on it! You go, goddess!

[Parvati]

Per PACER:

NOTICE OF HEARING as to MICHAEL BALICE Sentencing re-scheduled for 12/21/2011 11:00 AM before Judge William J. Martini. (gh, )

[Parvati]

Per PACER:

NOTICE OF HEARING as to WILSON CALLE Sentencing set for 12/21/2011 11:15 AM before Judge William J. Martini. (gh, )

[Parvati]

Per PACER:

NOTICE OF HEARING as to ANGEL DONE Sentencing set for 12/21/2011 11:30 AM before Judge William J. Martini. (gh, )

[Pangea]

Sadly, I cannot be at the sentencing. I had really hoped to be able to witness the end of this, as I had the start. Parvati...glad you'll be some eyes & ears.

[Parvati]

I'm still planning to go down there, even though it's going to take a sizable chunk out of what little daylight we get this time of year. (Despite reassurances to the contrary, I am still harboring fears that even heart surgery isn't going to keep this guy from trying some last-minute something-or-other.)

[Parvati]

Sadly, I cannot be at the sentencing. I had really hoped to be able to witness the end of this, as I had the start. Parvati...glad you'll be some eyes & ears.

If anyone should be there, you should.

[Pangea]

Sadly, I cannot be at the sentencing. I had really hoped to be able to witness the end of this, as I had the start. Parvati...glad you'll be some eyes & ears.

If anyone should be there, you should.

I know! It was killing me not to be there...but I was out of work for over 6 months and just started a new job a few weeks ago.

I've already received word on what the sentences are. Looks to me like there was some leniency. Would love to hear about it from your perspective. Balice is next week...I imagine his sentence is going to be quite harsh, but I have thought A about this case and B has happened so many times, I wouldn't venture a guess.

And, months later, what does your family relative think about all of this?

I sent you a very belated response to your PM. Did you receive it?

[Parvati]

The short story, for those who only care about their respective sentences: Ron was sentenced on all the various counts he was charged with, but the sentences (which were almost all 60-62 months) were ordered to be served concurrently, resulting in a mere 5 year sentence. The judge attributed his lenience to consideration for Ron's obviously declining state of health, given that he's had 2 heart attacks and 3 surgeries since 21 Nov. (If you're interested in the fact that Ron has apparently been "born again in Christ", I'll go into this bit of his statement as I remember it in a more detailed account I'll post later.)

Harriet was, in the eyes of the judge, merely a good, dutiful and loving wife standing by her husband and following his directives, which he felt explained her continued participation in the business even after she was clearly informed by more than one person (including Susan McDermott) that the BICs and PTOs were scams. I disagree, as did the government attorneys, who did seem to offer good evidence in support of the fact that she was certainly more than an uninformed flunky. All that said, Judge Martini was extremely lenient with Harriet because he believed it was her devotion to Ron that lead her astray, and he used his discretionary power to give her a sentence that will amount to 13 months behind bars (as her sentences for all counts are also to be served concurrently), which was apparently the bare minimum sentence that the gov't would accept.

Again, if you're curious about the details, like the fact that Harriet blew a fit in the hall outside the courtroom and had a go at O's estranged daughter, I'll have to get that stuff out later. Right now, I'm trashed.

So, that's the short story, folks. Both of them plan to appeal, but Ron will have to make his appeal from the custody of the BoP.

[Parvati]

Sadly, I cannot be at the sentencing. I had really hoped to be able to witness the end of this, as I had the start. Parvati...glad you'll be some eyes & ears.

If anyone should be there, you should.

I know! It was killing me not to be there...but I was out of work for over 6 months and just started a new job a few weeks ago.

I've already received word on what the sentences are. Looks to me like there was some leniency. Would love to hear about it from your perspective. Balice is next week...I imagine his sentence is going to be quite harsh, but I have thought A about this case and B has happened so many times, I wouldn't venture a guess.

And, months later, what does your family relative think about all of this?

I sent you a very belated response to your PM. Did you receive it?

Regarding Judge Martini's leniency, I am also quite surprised. I was also a bit taken aback that no one aside from the prosecution team and O's stand-by counsel could actually say his name, as Judge Martini kept referring to him as "Mr. Ottavani" or similar. Weird.

The judge definitely seems to view Balice as O's equal partner in crime, so I imagine that since his health is good (and despite his also having found the Lord), that the judge will treat him more harshly.

I am not going to post the documents. It would be 60-odd pages of stuff that, frankly, would only be of interest to people who (I imagine) already have access to it, should they choose to look it up.

Met 2 of Ron's estranged (adult) children today. Very nice people. I'll go into that when I write it all up in detail, but I'll be leaving out the personal bits. It would be rude to expose them (or Harriet's children, at least one of whom was there today) to any public scrutiny. Also met Joe, btw. Charming man.

My relative went because his attorney (and I) suggested he should put in an appearance. It was the right thing to do. He seems to agree that the judge was quite lenient with both of them, but also that justice has been done and this should be an end to it.

Congratulations on the new job. It's a tough market out there, and I don't blame you one bit for not wanting to take any chances. (Still, you probably would have done a double-take to see Ron in his current condition. I have *never* seen the man this subdued, *ever.* I wouldn't go as far as to say that he appeared repentant, but he was phenomenally civil, respectful of the judge, and his comments barely registered on the BS-meter.)

[Pangea]

Regarding Judge Martini's leniency, I am also quite surprised. I was also a bit taken aback that no one aside from the prosecution team and O's stand-by counsel could actually say his name, as Judge Martini kept referring to him as "Mr. Ottavani" or similar. Weird.

That was always the case with Ron's name. I, for one, have never understood why so many people find it so hard to ascertain the proper pronunciation of a name. A common mispronunciation of Ron's name was "AH-tuh-vee-AH-no." Go figure.

The judge definitely seems to view Balice as O's equal partner in crime, so I imagine that since his health is good (and despite his also having found the Lord), that the judge will treat him more harshly.

I seem to remember being told that Mike has prior felony convictions and for this reason, his sentence will be significantly more harsh.

Harriet was, in the eyes of the judge, merely a good, dutiful and loving wife standing by her husband and following his directives, which he felt explained her continued participation in the business even after she was clearly informed by more than one person (including Susan McDermott) that the BICs and PTOs were scams.

There were many many times during this whole process that I would start to feel sorry for one or another of them, particularly Harriet, Wilson and Angel. But a half a breath later, I would stop myself, because out of anyone involved in that trial, I knew, without a doubt, that those 5 defendants were aware of the illegality of their actions. Because I told them.

Again, if you're curious about the details, like the fact that Harriet blew a fit in the hall outside the courtroom and had a go at O's estranged daughter, I'll have to get that stuff out later.

Interested???? Hell yes!!

...Ron has apparently been "born again in Christ"....

Yeah, no, I don't believe that for a second. In the time I worked with him, he claimed to be a religious, church-going man at various times...whenever it suited his needs at the particular moment. But he also said he was a CPA, CFP, lawyer, and that he, through his bonds, was personally responsible for the growth of the nation's GNP. His religious claims were interspersed, however, with liberal use of truckdriver expletives, racial epithets, and offers to "do me" on my desk.

I do want to say that I continue to be very bothered by the accusations made against me during cross exam by Ron & the defense attorneys. I have made mistakes in my life, but when I made those mistakes, I have owned them. But the accusation that I stole money from Ron and then decided to cover up my crimes by going to Federal agents is, well, a bit out there, but hurtful nonetheless.

I am grateful that Assistant U.S. Attorney Gurbir Grewal handled my testimony. Though I was wary of him at first (Lee Vartan has this scary photographic memory and he remembered everything little thing I ever told him), Gurbir started with me at square one and worked through my entire story bit by bit. Though he'd been briefed by Lee, I'm sure, he wanted to hear it all for himself. During the trial, he remembered things I probably had mentioned only 1 time months previously and he brought those things out in re-direct. He also told me something that helped more than I could have imagined during a difficult cross. It became my mental-mantra: "Don't get defensive, you aren't the defendant."

In the end, Ron and the others will get/are getting what they deserve.

[Parvati]

Here is the short form of the sentencing details, via PACER:

Full docket text for document 221:
Minute Entry for proceedings held before Judge William J. Martini:Sentencing held on 12/16/2011 for RONALD OTTAVIANO (1), Count(s) 1, 2, Superseded; Count(s) 10rs, 11rs, 12rs, 2rs-9rs, See Count 1; Count(s) 11s, Dismissed on motion of the government; Count(s) 1rs, Imprisonmentt: 62 months on each of Counts 1,2-9,10, 11 & 12 all terms to run concurrent; Supervised Release: 3 year on each of Counts 1,2-9, 10, 11 & 12 all terms to run concurrent; Restitution: to be determined; Special Assessment: $1,200. (Court Reporter/Recorder Walter Perelli.) (gh, )

There has also been a change of attorney. Because RonO claims that he can no longer afford a lawyer, he is now relying on state-appointed attorney Mark Berman. He was at the sentencing, and was briefly acknowledged by the judge.

Via PACER:

Attorney update in case as to RONALD OTTAVIANO. Attorney MICHAEL V. CALABRO terminated. (gh, )

And:

Full docket text for document 222:
CJA 20 as to RONALD OTTAVIANO: Appointment of Attorney MARK A. BERMAN for RONALD OTTAVIANO. Signed by Judge William J. Martini on 12/15/11. (gh, )

[Parvati]

The short form of Harriet Foster's sentencing details, via PACER:

Full docket text for document 220:
Minute Entry for proceedings held before Judge William J. Martini:Sentencing held on 12/15/2011 for HARRIET FOSTER (5), Count(s) 1, 2, Superseded; Count(s) 10rs, 14rs, 15rs, 2rs-9rs, See Count 1; Count(s) 1rs, Imprisonment: 13 months on Counts 1, 2-9, 10 and 12 months on Counts 14 and 15 all terms to run concurrent; total imprisonment: 13 months; Supervised Release: 3 years on Counts 1, 2-10; 1 year on Counts 14 & 15 all terms to run concurrent; Restitution to be determined; Special Assessment: $1,150. (Court Reporter/Recorder Walter Perelli.) (gh, )

[Parvati]

Ronald Ottaviano (#06451-015) is in the custody of the good ol' BOP via FCI Fort Dix (which is on the Fort Dix/McGuire Air Force Base military installation), with a predicted release date of 9-7-2015.

His wife, Harriet (#06452-015), is in FCI Marianna (Fla.) in a satellite camp for minimum security female offenders, with a predicted release date of 1-8-2013.

Michael Balice (#62312-050) is still roaming the tundra of the NY/NJ area, filing things that cite his religiosity and deep-seated familial ties and asking that he be allowed to remain free until there is space for him in a local facility so that his family will not be unable to visit him without undue hardship, so he can complete his drug & alcohol recovery program, etc., etc., ad inf. No idea when they're going to up and grab the guy. (Could've pulled a runner, for all I know. I hear Brazil is lovely this time of year. Well, it certainly is if you're a foreigner with a lot of money to drop in one of their fine financial institutions. Extradition? What's that?)

[Parvati]

Via PACER:

NOTICE OF HEARING as to RONALD OTTAVIANO, MICHAEL BALICE, PAULA MARIANI, PATRICK POTOPOWICZ, HARRIET FOSTER, RICHARD MACFARLANE, WILSON CALLE, ANGEL DONE Evidentiary (Restitution) Hearing set for 9/5/2012 11:00 AM before Judge William J. Martini. (gh, )

But then we have:

NOTICE; RESTITUTION HEARING SCHEDULED FOR 9/5/12 AT 11AM HAS BEEN ADJOURNED WITHOUT DATE. (gh, )

No idea why it didn't happen, but that's the latest on 'Big Ron O' and Co.

Oh! Forgot to add that Balice has finally had to turn himself in. (He'd managed to put it off for ages.)

Also via PACER:

ORDER directing MICHAEL BALICE to voluntarily surrender to the US Marshal's for the District of New Jersey on 8/10/12 on or before 12:00 p.m.. Signed by Judge William J. Martini on 7/13/12. (gh, )

The Inmate Locator indicates that he's in an "administrative facility": The Metropolitan Detention Center (MDC), Brooklyn, NY.

[Parvati]

(That just sounds wrong, doesn't it?)

As always, via PACER:

General Docket
Third Circuit Court of Appeals
Court of Appeals Docket #: 11-4553 Docketed: 12/28/2011
USA v. Ronald Ottaviano
Appeal From: United States District Court for the District of New Jersey
Fee Status: CJA
Case Type Information:
1) criminal
2) Conviction appeal
3) null
Originating Court Information:
District: 0312-2 : 2-10-cr-00485-001
Court Reporter: Walter Perelli
Trial Judge: William J Martini, U.S. District Judge
Date Filed: 07/21/2010
Date Order/Judgment: Date Order/Judgment EOD: Date NOA Filed:
12/19/2011 - 12/19/2011 - 12/20/2011

01/13/2012 ECF FILER: Transcript Purchase Order Form (Part 1) filed by Appellant Ronald Ottaviano advising this court that transcripts are needed. Requested date(s) are: All hearings and trial transcripts, incl sentencing.

01/13/2012 ORDER to Court Reporter Mr. Walter Perelli directing transcripts, ordered on 01/13/2012 , to be filed by 02/15/2012. (ARL)

03/15/2012 CLERK EVENT transcript by Court Reporter Mr. Walter Perelli filed in District Court on 02/23/2012. (ARL)

03/27/2012 BRIEFING NOTICE ISSUED. Brief on behalf of Appellant Ronald Ottaviano due on or before 04/26/2012. Appendix due on or before 04/26/2012 (ARL)

04/24/2012 ECF FILER: Motion filed by Appellant Ronald Ottaviano to for Extension of Time to file Brief and Appendixl{sic} until/for June 15, 2012 . Certificate of Service dated 04/24/2012.--[Edited 04/25/2012 by ARL] (MAB)

04/30/2012 ORDER (Clerk) granting Motion for extension of time to file brief and appendix by Appellant Ronald Ottaviano until June 15, 2012, filed. (MLR)

06/15/2012 ECF FILER: Motion filed by Appellant Ronald Ottaviano to for Extension of Time to file Brief on Appeal until/for 08/31/2012 and a Response to clerk order. Certificate of Service dated 06/15/2012. (MAB)

07/05/2012 ORDER (Clerk) referring to a motions panel the Letter Motion for Extension of Time to File Brief and Appendix filed by Appellant Ronald Ottaviano, filed. (ARL)

07/17/2012 ORDER (GREENAWAY JR., Circuit Judges) granting Motion for extension of time to file brief and appendix until August 31, 2012 filed by Appellant Ronald Ottaviano, filed. Panel No.: GCO-113. Greenaway, Jr., Authoring Judge. (ARL)

08/31/2012 ECF FILER: UNOPPOSED Motion filed by Appellant Ronald Ottaviano for Extension of Time to file Brief on Appeal until/for 10/04/2012. Certificate of Service dated 08/31/2012. (MAB)

Also noticed that Angel Done is involved in yet another round of "Attempting to defraud the US Gov't" (in Florida, this time around), but I'll give that one its own post.

[Parvati]

Calle and Done were arrested in NY and appear to be out on bond.

Minute Entry for proceedings held before Magistrate Judge Cheryl L. Pollak: Arraignment as to Angel Done (2) Count Complaint held on 4/26/2012, Attorney Appointment Hearing as to Angel Done held on 4/26/2012, Initial Appearance in Rule 5(c)(3) Proceedings as to Angel Done held on 4/26/2012. AUSA Darren Laverne present. Dft present w/federal defender Michael Schneider. Removal proceeding to the Northern District of Florida hearing held. Removal hearing waived. Bail set @ $200,000. 3 sureties sworn, advised of bond obligations and signed the bond. Dft advised of bond conditions and signed the bond. Dft released on $200,000 bond. (Log # 4/26/12 3:54-4:14.)

Notice to Northern District of Florida of a Rule 5 Initial Appearance as to Wilson Calle, Angel Done. Your case number is: 5:12CR9/RS. The clerk will transmit any necessary sealed document under separate cover.

Also via PACER, we have:

Case Summary
5:12-cr-00009-RS-5 USA v. JOHNSTON et al
Date filed: 04/19/2012
Date of last filing: 09/06/2012

SEALED INDICTMENT as to EVELYN JOHNSTON (1) count(s) 1, 2-28, BLAINE JOHNSTON (2) count(s) 1, 2-28, HECTOR A CABRERA (3) count(s) 1, 29-43, DIANA M GONZALEZ (4) count(s) 1, 29-43, ANGEL DONE (5) count(s) 1, 44-53, WILSON CALLE (6) count(s) 1, 44-53, WILFREDO RODRIGUEZ (7) count(s) 1, 54. (kgc)

ANGEL DONE (5)
Office: Panama City
Filed: 04/19/2012
County: Bay
Terminated:
Reopened:
Other Court Case: None

Count: 1
Citation: 18:286.F
Offense Level: 4
CONSPIRE TO DEFRAUD GOVERNMENT RESPECT TO CLAIM
Count: 44-53, Citation: 18:287.F, Offense Level: 4
FALSE OR FRAUDULENT CLAIMS
Defendant Custody Status: Released

Defendant: ANGEL DONE represented by WALTER BROOKS SMITH
Plaintiff: USA represented by J RYAN LOVE

There's a ton of stuff up there, and I'm not going to dig around in it right now. (I know that some of you folks who keep tabs on the MATA crew have an axe to grind WRT these two in particular--I haven't forgotten about you. )

[Parvati]

Ladies and gentlemen, the gov't is gearing up for the Restitution phase of the MATA fiasco. If Ottaviano or one of his minions or cohorts took you (or your parents, or an older relative) for a ride, speak up (if you haven't done so already). I know it's hard to come up with proof and paperwork when you're dealing with elderly relatives who mightn't have kept track of things, but it's worth the effort if only to bury this pack of cretins just a *little* bit deeper.

If you're not sure who to talk to, the government was represented by Assistant U.S. Attorneys Gurbir S. Grewal (who jumped in there toward the end but did a fantastic job) and Christopher J. Kelly of the U.S. Attorney’s Office Economic Crimes Unit in Newark. If you need contact information for the Newark offices of the NJ branch of the DOJ, click here.

Via PACER...

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
UNITED STATES OF AMERICA,
Plaintiff,
v.
RONALD OTTAVIANO, et al.,
Defendants.
Civ. No. 2:10-cr-00485 (WJM)

ORDER

THIS MATTER comes before the Court on the Government’s request for a
restitution hearing. This case arises out of a multi-faceted fraud scheme orchestrated and
carried out by eight Defendants: (1) Ronald Ottaviano, (2) Harriet Foster, (3) Michael
Balice, (4) Wilson Calle, (5) Angel Done, (6) Paula Mariani, (7) Patrick Potopowicz, and
(8) Richard McFarlane. All eight Defendants have been convicted and sentenced.
Judgment was entered against Ottaviano and Foster on December 19, 2011; judgment
was entered against Done, Calle, and Balice on December 21, 2011; and judgment was
entered against Mariani, Potopowicz, and MacFarlane on April 24, 2012. Each
judgment stated that restitution would be determined at a later date. See ECF Nos. 224,
225, 228, 230, 232, 248, 249, and 250; see also Dolan v. United States, 130 S. Ct. 2533,
2536 (2010) (“[A] sentencing court that misses the 90-day deadline [for ordering
restitution] nonetheless retains the power to order restitution [where] the sentencing court
made clear prior to the deadline’s expiration that it would order restitution, leaving open
(for more than 90 days) only the amount.”).

Pursuant to 18 U.S.C. § 3664, the statute governing restitution proceedings, the
Probation Officer is required to prepare a report that includes: (1) a complete accounting
of the losses to each victim, (2) any restitution owed pursuant to a plea agreement, and
(3) information relating to the economic circumstances of each defendant. 18 U.S.C. §
3664(a). To assist the Probation Officer in preparing the report, the Government is
required to provide the Probation Officer with a list of the amounts subject to restitution.
18 U.S.C. § 3664(d)(1). In addition, the Probation Officer is required to notify the
victims that they may submit claims for restitution. 18 U.S.C. § 3664(d)(2). Finally,
each Defendant is required to provide the Probation Officer with “an affidavit fully
describing the financial resources of the defendant, including [1] a complete listing of all
assets owned or controlled by the defendant as of the date on which the defendant was
arrested, [2] the financial needs and earning ability of the defendant and the defendant's
dependents, and [3] such other information that the court requires relating to such other
factors as the court deems appropriate.” 18 U.S.C. § 3664(d)(3). Once the report of the
Probation Officer has been completed and submitted to the Court, the Court may require
additional documentation or hear testimony. 18 U.S.C. § 3664(d)(4).
In this case, the Government provided the Probation Officer with a list of the
amounts subject to restitution. The Probation Officer mailed letters to the 639 potential
victims identified by the Government, and 74 victims submitted claims. However,
Defendants have not provided the Probation Officer with affidavits describing their
financial resources. The Court notes that Defendants Mariani, Potopowicz, and

MacFarlane have entered consent orders regarding restitution; thus, only the remaining
five Defendants are required to submit affidavits.
Accordingly, for good cause appearing;
IT IS on this 14th day of September 2012, hereby,
ORDERED that Defendants Ottaviano, Foster, Balice, Calle, and Done shall each
provide to the Probation Officer an affidavit of financial resources that complies with 18
U.S.C. § 3664(d)(3); and it is further
ORDERED that Defendants Ottaviano, Foster, Balice, Calle, and Done shall each
submit to the Probation Officer any additional materials that they intend to rely on in
challenging the amount of restitution.

/s/ William J. Martini
WILLIAM J. MARTINI, U.S.D.J.