MARTIN G.

GOLDBERG
ATTORNEY AT LAW
672 Dogwood Avenue # 183
Franklin Square, New York 11010
Phone/Fax (516)292-0380 Cell Phone (718)986-4653
E-mail: mgoldbergesq@juno.com

October 11, 2014
Hon. Judge Dora Irizarry
United States District Judge
Eastern District Of New York
225 Cadman Plaza
Brooklyn, N.Y. 11201

Re: United States v Andrew Tepfer
10 CR00600


Dear Judge Irizarry,

I am CJA counsel for defendant Tepfer in the criminal proceeding and am
submitting this letter in opposition to the motion for an Order providing leave to
file a late proof of claim by the plaintiffs in the civil action.
The motion was submitted together with sworn declarations by plaintiff
Patrick Sullivan and his attorney Gary S Graifman, Esq. who represents the lead
plaintiffs in the civil action. Mr. Sullivan states that he happened to go online on
October 5, 2014 because he takes an active interest in seeing the defendants
sentenced and became aware of the deadline that had been set by the Court for
submitting proof of loss.
Attorney Graifman states that my clients are not parties to the criminal
action and do not get notice In paragraph 8 he also suggests that he became
aware of the deadline as a result of Sullivan examining the docket sheet and that
Case 1:10-cr-00600-DLI Document 389 Filed 10/11/14 Page 1 of 2 PageID #: 2334
2
there is no prejudice to any of the parties since the earliest sentencing is not
scheduled until December of 2014.
Although Sullivan did not receive notice from the Court the docket sheet
lists Mr. Sullivan as an interested party and states that Gary S. Graifman was lead
counsel and was to be noticed. (copy of docket sheet attached) Therefore
Graifman should have been receiving notice of all criminal proceedings and was
aware of the deadline set by the Court. Even if he were not receiving ECF
notifications in order to diligently represent his clients he should have kept track
of the criminal proceedings and not relied on his client to check the docket
sheets. If he or one of his partners had checked the docket sheets he would have
been aware that most of the defendants have already been sentenced, that his
sworn statement that nobody has yet been sentenced is absolutely false and that
the Court had set a deadline for filing affidavits of loss.
In addition an examination of the docket sheet for the civil case indicates a
history of ignoring deadlines and in particular I direct the Courts attention to the
entry of August 14, 2012 in which the Court stated with regard to this that the
Court may not be so generous in the future.
I am therefore opposing the request to permit late submissions.

Yours
Martin Goldberg
Case 1:10-cr-00600-DLI Document 389 Filed 10/11/14 Page 2 of 2 PageID #: 2335