CLOSED

U.S. District Court
Northern District of New York - Main Office (Syracuse) [LIVE - Version 4.1.1] (Syracuse)
CRIMINAL DOCKET FOR CASE #: 5:00-cr-00441-HGM All Defendants


Case title: USA v. 4628 Group, Inc.

Date Filed: 09/20/2000
Date Terminated: 07/31/2001

Assigned to: Senior Judge Howard G. Munson

Defendant (1)
4628 Group, Inc.
TERMINATED: 07/31/2001
represented byEmil M. Rossi
Office of Emil M. Rossi
307 South Townsend Street
Suite 100
Syracuse, NY 13202
315-471-0126
Fax: 315-234-4244
Email: emr@rossi-law-office.com
TERMINATED: 07/31/2001
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
4628 GROUP, INC., did knowingly violate regulations promulgated pursuant to the Clear Air Act, 40 C.F.R. Sect. 61.145(a), by failing to perform a thorough inspection required prior to the demolition of a commercial property that contained a jurisdictional amount of regulated asbestos-containing material at 1815 Genesee Street, Syracuse, New York. In violation of 42:7413.F FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(1)
Deft Corporation appears by its attorney Emil R. Rossi, Esq. AUSA Craig A. Benedict moves sentence. Judge Munson accepts the binding plea agreement and the specific sentence pursuant to Rule 11(e)(1)(C) and sentences the deft corporation to a term of Probation for TWO YEARS. Deft Corporation is further ordered to pay a fine of $500,000.00 which is to be paid in four (4) equal installments over a one year period. The First installment of 125,000.00 is due immediately, the second installment is to be paid by October 7, 2001, the third installment is to be paid by February 7, 2002, and the final installment is to be paid by May 7, 2002. Payments shall be forwarded to the US District Court Clerk, Alexander Pirnie Building, 10 Broad Street, Utica New York 13501. The Court waives the interest as long as the fine is paid as ordered. While on probation the Deft Corporation shall not commit another crime and shall comply with the standard conditions that have been adopted by the Court, and shall comply with the following special conditions; 1) Deft Corporation shall make periodic submissions to the Probation Officer, reporting on the organizations financial condition and the results of business operations and accounting for the dispos ition of all funds received, as requested by the Probation Officer, 2) Deft Corporation shall be required to notify the Court or Probation Officer immediately upon learning of (A) any material adverse change in its business operations and accounting prospects, or (B) the commencement of any bankruptcy proceeding, major civil litigation, criminal prosecution, or administrative proceeding against the organization, or any investigation or formal inquiry by the Governmental authorities regarding the organization. 3) Deft Corporation shall pay any special assessment or fine that is imposed by this judgment. 4) Deft Corporation shall develop and submit to the EPA a program to prevent and detect violations of law, including a schedule for implemen tation. A copy of the program shall be submitted to the Probation Office. 5) Upon approval by the EPA of a program to prevent and detect violations of law the Deft Corporation shall notify its employees, or anyone who works for 4628 Group Inc., and i ts shareholders of its criminal behaviour and its program to prevent and detect violations of law. It is further ordered that Deft Corporation shall pay a special Assessment $400.00, due immediately. Parties advised of appeal.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA
TERMINATED: 07/31/2001
represented byCraig A. Benedict
Office of the United States Attorney - Syracuse
P.O. Box 7198
100 South Clinton Street
Syracuse, NY 13261-7198
315-448-0672
Fax: 315-448-0658
Email: craig.benedict@usdoj.gov
TERMINATED: 07/31/2001
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Date Filed #Docket Text
09/20/2000  Initial appearance as to 4628 Group, Inc. held (Defendant informed of rights.) before Judge Munson (tlp) (Entered: 09/26/2000)
09/20/20001WAIVER OF INDICTMENT by 4628 Group, Inc. (tlp) (jmb, ). (Entered: 09/26/2000)
09/20/20002RESOLVED by 4628 Group, Inc. as to 4628 Group, Inc. that Emil Rossi, Esq., as counsel is authorized to perform the following on behalf of the corporation: Execute all documents, including the Plea Agreement and Waiver of Indictment, which must be signed in order to effectuate the terms of the Plea Agreement. Appear in Court for the purpose of entering a plea of guilty to the one count felony Information on behalf of the corporation and at the time sentence is imposed based on this plea of guilty. Participate fully on behalf of the corporation at all proceedings attendant to the corporation's plea of guilty to the one count felony Information. (tlp) (jmb, ). (Entered: 09/26/2000)
09/20/20003WAIVER OF NOTICE OF A SPECIAL MEETING OF THE BOARD OF DIRECTORS by 4628 Group, Inc. as to 4628 Group, Inc. signed by Carl P. Paladino, Director. (tlp) (jmb, ). (Entered: 09/26/2000)
09/20/20004INFORMATION as to 4628 Group, Inc. (1) count(s) 1 (tlp) (jmb, ). (Entered: 09/26/2000)
09/20/20005Plea Agreement as to 4628 Group, Inc. (tlp) (jmb, ). (Entered: 09/26/2000)
09/20/2000  PLEA of Guilty: 4628 Group, Inc. (1) count(s) 1 ; Court accepts plea. Remaining counts, if any, to be dismissed at sentencing. (tlp) (Entered: 09/26/2000)
09/20/20006Minute entry as to 4628 Group, Inc. for PLEA AGREEMENT: APPR: Corporate Deft. appears by Atty. Emil Rossi, Esq. AUSA for Gov't; Craig Benedict. Pursuant to a duly executed corporate resolution and the unanimous written consent of the Board of Directors, Carl P. Paladino authorizing Atty Emil Rossi, Esq. to enter into a plea agreement, Corporate Deft. and Atty. sign Waiver of Indictment, corporate deft. waives reading of Information and pleads Guilty to Count 1 of Information 00-cr-441 and is sworn in. court accepts plea agreement , court orders PSI Report , Set Sentencing for 2:00 1/12/01 for 4628 Group, Inc. in Syracuse Court Reporter/ECRO: Kenneth Crewell (tlp) (jmb, ). (Entered: 09/26/2000)
06/07/2001  RECEIPT for Payment of special assessment paid by 4628 Group, Inc. AMOUNT $ 400.00 Receipt # 56861 (mfd) (Entered: 06/12/2001)
06/07/20017Minute entry as to 4628 Group, Inc. : Court Reporter/ECRO: Kenneth Crewell. Deft Corporation appears by its attorney Emil R. Rossi, Esq. AUSA Craig A. Benedict moves sentence. Judge Munson accepts the binding plea agreement and the specific sentence pursuant to Rule 11(e)(1)(C) and sentences the deft corporation to a term of Probation for TWO YEARS. Deft Corporation is further ordered to pay a fine of $500,000.00 which is to be paid in four (4) equal installments over a one year period. The First installment of 125,000.00 is due immediately, the second installment is to be paid by October 7, 2001, the third installment is to be paid by February 7, 2002, and the final installment is to be paid by May 7, 2002. Payments shall be forwarded to the US District Court Clerk, Alexander Pirnie Building, 10 Broad Street, Utica New York 13501. The Court waives the interest as long as the fine is paid as ordered. While on probation the Deft Corporation shall not commit another crime and shall comply with the standard conditions that have been adopted by the Court, and shall comply with the following special conditions; 1) Deft Corporation shall make periodic submissions to the Probation Officer, reporting on the organizations financial condition and the results of business operations and accounting for the disposition of all funds received, as requested by the Probation Officer, 2) Deft Corporation shall be required to notify the Court or Probation Officer immediately upon learning of (A) any material adverse change in its business operations and accounting prospects, or (B) the commencement of any bankruptcy proceeding, major civil litigation, criminal prosecution, or administrative proceeding against the organization, or any investigation or formal inquiry by the Governmental authorities regarding the organization. 3) Deft Corporation shall pay any special assessment or fine that is imposed by this judgment. 4) Deft Corporation shall develop and submit to the EPA a program to prevent and detect violations of law, including a schedule for implementation. A copy of the program shall be submitted to the Probation Office. 5) Upon approval by the EPA of a program to prevent and detect violations of law the Deft Corporation shall notify its employees, or anyone who works for 4628 Group Inc., and its shareholders of its criminal behaviour and its program to prevent and detect violations of law. It is further ordered that Deft Corporation shall pay a special Assessment $400.00, due immediately. Parties advised of appeal. (ptm) (jmb, ). (Entered: 07/31/2001)
06/07/2001  Sentencing held 4628 Group, Inc. (1) count(s) 1 (ptm) (Entered: 07/31/2001)
07/31/20018JUDGMENT 4628 Group, Inc. (1) count(s) 1. Deft Corporation appears by its attorney Emil R. Rossi, Esq. AUSA Craig A. Benedict moves sentence. Judge Munson accepts the binding plea agreement and the specific sentence pursuant to Rule 11(e)(1)(C) and sentences the deft corporation to a term of Probation for TWO YEARS. Deft Corporation is further ordered to pay a fine of $500,000.00 which is to be paid in four (4) equal installments over a one year period. The First installment of 125,000.00 is due immediately, the second installment is to be paid by October 7, 2001, the third installment is to be paid by February 7, 2002, and the final installment is to be paid by May 7, 2002. Payments shall be forwarded to the US District Court Clerk, Alexander Pirnie Building, 10 Broad Street, Utica New York 13501. The Court waives the interest as long as the fine is paid as ordered. While on probation the Deft Corporation shall not commit another crime and shall comply with the standard conditions that have been adopted by the Court, and shall comply with the following special conditions; 1) Deft Corporation shall make periodic submissions to the Probation Officer, reporting on the organizations financial condition and the results of business operations and accounting for the disposition of all funds received, as requested by the Probation Officer, 2) Deft Corporation shall be required to notify the Court or Probation Officer immediately upon learning of (A) any material adverse change in its business operations and accounting prospects, or (B) the commencement of any bankruptcy proceeding, major civil litigation, criminal prosecution, or administrative proceeding against the organization, or any investigation or formal inquiry by the Governmental authorities regarding the organization. 3) Deft Corporation shall pay any special assessment or fine that is imposed by this judgment. 4) Deft Corporation shall develop and submit to the EPA a program to prevent and detect violations of law, including a schedule for implementation. A copy of the program shall be submitted to the Probation Office. 5) Upon approval by the EPA of a program to prevent and detect violations of law the Deft Corporation shall notify its employees, or anyone who works for 4628 Group Inc., and its shareholders of its criminal behaviour and its program to prevent and detect violations of law. It is further ordered that Deft Corporation shall pay a special Assessment $400.00, due immediately. Parties advised of appeal. ( Signed by Senior Judge Howard G. Munson on 7/29/01 ) Date Served: 7/31/01 (ptm) (Entered: 07/31/2001)
10/02/2001  RECEIPT for Payment of fine paid by 4628 Group, Inc. AMOUNT $ 125,000.00 Receipt # 59993 (mfd) (Entered: 10/03/2001)
01/23/2002  RECEIPT for Payment of Fine paid by 4628 Group, Inc. AMOUNT $ 125,000.00 Receipt # 63064 (fce) (Entered: 01/23/2002)
06/05/2002  RECEIPT for Payment of Fine paid by 4628 Group, Inc. AMOUNT $ 125,000.00 Receipt # 63791 (fce) (Entered: 06/05/2002)
09/30/2002  RECEIPT for Payment of Fine paid by 4628 Group, Inc. AMOUNT $ 125,000.00 Receipt # 65440 (see) (Entered: 09/30/2002)
06/11/2008  File Transferred to Federal Records Center; Storage Information on this Closed Case: Accession Number 021-04-0211, Box 7 of 14, Location Number E38-17-06-3 (kee) (Entered: 06/11/2008)