But that proceeding has been rescheduled for November 2 at 1:30 p.m.
U.S. District Judge Carol Jackson granted the change at the behest of Kaplan's Texas attorney, Chris Flood. Flood has been clocking some serious overtime trying to acquit Kaplan's brother-in-law, Warren Hoeffner Jr., in a fraud and money-laundering case. Hoeffner, a Houston attorney, was indicted in 2007 for his alleged participation in a bribery scheme. The seven-week trial was declared a mistrial.
Flood asked for Kaplan's sentencing to be postponed because the Hoeffner trial has kept the defense attorney from properly preparing for Kaplan's hearing.
Penelope Ann Tucker, bookkeeper and Kaplan's assistant: November 3, 2009, at 11 a.m.
Neil Kaplan, Gary Kaplan's brother and a former director: November 3, 2009, at 1:30 p.m.
Lori Beth Kaplan Multz, Gary Kaplan's sister and a former director: November 3, 2009, at 2:30 p.m.
David Carruthers, the former CEO: January 8, 2010.