U.S. Department of Justice
United States Attorney
Eastern District of New York
JGM:EMN 271 Cadman Plaza East
F.#2002R02513 Brooklyn, New York 11201
March 4, 2015
By ECF and Hand
The Honorable John Gleeson
United States District Court
Eastern District of New York
225 Cadman Plaza East
Brooklyn, New York 11201
Re: Vodicka v. United States
Miscellaneous Docket No. 15-242 (JG)
Dear Judge Gleeson:
The government respectfully submits this letter in response to the Court’s
February 12, 2015 order directing the government to respond to Mr. Vodicka’s motion
seeking, among other things, to unseal certain documents that remain under seal in United
States v. Gennady Klotsman, 02 CR 1313 (ILG) (E.D.N.Y.) (the “2002 Case”). (See also
Docket Entry No. 1 (motion)).
The public docket in the 2002 Case, which is attached hereto as Exhibit A,
lists 13 docket entries that appear to have an associated document. Two – docket entries
13 and 14 – are publicly available and thus not at issue. The following documents are
either under seal or appear to be under seal: Docket Entry Nos. 1-8 and 10-12. The
government has reviewed certain of the foregoing documents and conferred with counsel
for Mr. Klotsman, and its position with regard to sealing is as follows:
⋅ Docket Entry Nos. 2 (information), 5 (calendar entry), 6 (calendar
entry), and 7 (judgment) can be unsealed, and the government so moves
subject to the redaction of Mr. Klotsman’s social security number on
Docket Entry No. 7.
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2
⋅ The government is awaiting receipt of Docket Entry Nos. 1 (7(b)
notice), 3 (waiver of indictment), 4 (calendar entry), 8 (notice of
appeal), 10 (mandate), 11 (order), and 12 (letter), but anticipates that
they should also be unsealed.1
With respect to Mr. Vodicka’s motion, dated February 26, 2015 (Docket
Entry No. 7), to expand the scope of the instant motion to include what is presently
captioned United States v. John Doe, 98 CR 1069 (ILG) (E.D.N.Y.) (the “1998 Case”), the
government has no objection. The government had previously requested copies of the
sealed documents from the docket in the 1998 Case from the Clerk of Court. It has
received some of the documents and is awaiting the balance. After it is able to review the
documents and confer with counsel for Mr. Klotsman, the government will provide its
position with respect to the 1998 Case. In the meantime, the government moves to
convert the caption in the 1998 Case to United States v. Gennady Klotsman. As a number
of docket entries themselves make clear, Mr. Klotsman is John Doe. The government has
conferred with counsel for Mr. Klotsman, and he has no objection to the proposed
conversion.
The government will address one additional matter in a separate letter filed
ex parte and under seal.
Respectfully submitted,
LORETTA E. LYNCH
United States Attorney
By: /s/
Evan M. Norris
Assistant U.S. Attorney
718-254-6376
cc: Clerk of Court (JG) (by ECF)
Mr. Brian Vodicka (by ECF)
Alexei Schacht, Esq. (by email)
1 The government has been working diligently to locate these documents from various
sources. At this juncture, it appears most likely that these documents will come from court
archives, which is processing a request from the Clerk of Court. The government will promptly
file a supplement to this letter once the additional records are located and it has a chance to review
them.
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