Federal Trade Commission (FTC)
Most recent update 7/16/10 (See end of document)
U.S. v. Bruce J. Goldstein, Case No. 09-CR-80024
U.S. v. Andrew Steinberg and Stephen Duffie, Case No. 09-CR-80053
On February 19, 2009, the United States filed a one-count Information against Bruce J. Goldstein of Dallas, Texas, charging him with conspiracy in violation of 18 U.S.C. 371. The Information alleged that Goldstein posed as a phony reference for Fidelity ATM, a company that sold ATM business opportunities out of Florida.
On March 4, 2009, Goldstein was arraigned in the Southern District of Florida and pled guilty to the charge in the Information. The Court accepted Goldstein's guilty plea and scheduled a sentencing hearing for May 22, 2009, at 10:00 a.m., before District Judge Kenneth A. Marra at the U.S. Courthouse in West Palm Beach, Florida.
No change in status.
On April 30, 2009, a federal grand jury in Miami, Florida, returned a 16-count conspiracy, mail fraud, and wire fraud indictment against Andrew Steinberg and Stephen Duffie, both of south Florida. The indictment alleges that from approximately August 2004 through November 2006, Steinberg, Duffie, and others conspired to sell fraudulent ATM business opportunities to customers nationwide under the name Fidelity ATM. For additional information, see the Department of Justice Press Release dated May 1, 2009. Charges in an indictment are only allegations, and the defendants are presumed innocent unless and until proven guilty.
On May 1, 2009, Duffie was brought before the federal magistrate court in Miami for an initial appearance and arraignment. He pled not guilty. Steinberg currently is in state custody in Florida on unrelated charges.
The case was assigned to Judge Kenneth A. Marra in West Palm Beach, Florida. The court has not yet set a trial date.
On June 10, 2009, Steinberg was brought before the federal magistrate court in West Palm Beach for an initial appearance, arraignment, and detention hearing. Steinberg pled not guilty. The Court ordered pre-trial detention of the defendant. Steinberg reserved the right to move for pre-trial release on bond in the event he is released by the State of Florida, which is holding him on charges unrelated to the Fidelity ATM case.
Following Andrew Steinberg's arraignment in June, the Court set an initial trial date of Aug. 10, 2009. On July 6, 2009, the court granted a motion by defense counsel to continue the trial and set a new trial date of November 5, 2009. The trial will be held in West Palm Beach, Florida, before Judge Kenneth A. Marra.
The sentencing hearing for Bruce Goldstein was previously continued by the Court to August 14, 2009. The sentencing will be held on that date at 10:00 a.m. in the federal courthouse in West Palm Beach, Florida, before Judge Kenneth A. Marra.
On August 14, 2009, U.S. District Judge Kenneth A. Marra sentenced Bruce Goldstein to six months of home confinement and two years of probation. The Court also ordered Goldstein to pay $91,707.80 in restitution to the Fidelity ATM victims to whom he spoke.
Trial as to Andrew Steinberg and Stephen Duffie began in West Palm Beach on November 5, 2009. On December 1,2009, the jury found both defendants guilty. Steinberg was found guilty of one count of conspiracy, five counts of mail fraud, and four counts of wire fraud. Duffie was found guilty of one count of conspiracy and one count of mail fraud. Steinberg already was imprisoned and Duffie was taken into custody after the verdict was returned. The Court set sentencing for 10:00 a.m. on February 12, 2010, at the federal courthouse in West Palm Beach. For additional information, see the Department of Justice Press Release dated December 1, 2009.
On February 11, 2010, the Court rescheduled the sentencing hearing for defendant Stephen Duffie to February 17, 2010, at 1:00 p.m. in West Palm Beach, Florida. A new sentencing hearing date for defendant Andrew Steinberg is expected to be scheduled soon.
On February 17, 2010, the Court sentenced Stephen Duffie to 48 months' imprisonment to be followed by 2 years of supervised release. The Court set a hearing for May 7, 2010, at 9:00 a.m. regarding a final restitution order.
The sentencing hearing for Andrew Steinberg has been scheduled for 2:00 p.m. on May 7, 2010, at the federal courthouse in West Palm Beach.
On May 3, 2010, the Court entered an amended judgment as to Stephen Duffie specifying that he pay $2,151,234 in restitution. The Court cancelled the restitution hearing previously scheduled for May 7.
At the request of defense counsel, the Court will reschedule Andrew Steinberg’s sentencing hearing to a date in July. The hearing scheduled for June 3, 2010, has been cancelled.
On July 15, 2010, the Court sentenced Andrew Steinberg to 150 months' imprisonment to be followed by 3 years of supervised release. The Court also ordered Steinberg to pay $2,286,354 in restitution.