| CLOSED |
Case title: USA v. A & G Coal Corp., et al |
Date Filed: 04/13/2000 Date Terminated: 05/14/2001 |
| Assigned to: Judge James P. Jones | ||
Defendant (1) |
||
|
A & G Coal Corporation
TERMINATED: 05/21/2001 |
represented by | Elsey Allen Harris , III
MULLINS HARRIS & JESSEE PO BOX 1200 NORTON, VA 24273 276-679-3110 Fax: 276-679-3113 Email: eharris@mhjpc.com TERMINATED: 05/21/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Paul Rice Thomson , Jr. WOODS ROGERS PLC PO BOX 14125 ROANOKE, VA 24038-4125 540-983-7742 Fax: 983-7711 Email: thomson@woodsrogers.com TERMINATED: 05/21/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained |
Pending Counts |
Disposition |
|
| 30:820C.F LIABILITY OF CORPORATE DIRECTORS AND
OFFICERS -- 30 USC 820(c) and 820(d) -- Willfully violated mandatory
safety standards (Counts 2-4 -- March 29, 1999) (2) |
Probation term w/ special conditions of 42 months as to each count to run concurrent; $24,000 Fine ($12,000 as to each count); $250 Special Assessment; Remainder of funds (after subtracting fine, and special assessment from the $4 50,000 paid to the court at time of guilty plea) to be distributed to the victim's widow and infant children; On 5/31/01 SATISFACTION OF MONETARY JUDGMENT filed by USA. | |
| 30:820C.F LIABILITY OF CORPORATE DIRECTORS AND
OFFICERS -- 30 USC 820(c) and 820(d) -- Willfully violated mandatory
safety standards (Counts 2-4 -- March 29, 1999) (4) |
Probation term w/ special conditions of 42 months as to each count to run concurrent; $24,000 Fine ($12,000 as to each count); $250 Special Assessment; Remainder of funds (after subtracting fine, and special assessment from the $4 50,000 paid to the court at time of guilty plea) to be distributed to the victim's widow and infant children; On 5/31/01 SATISFACTION OF MONETARY JUDGMENT filed by USA. | |
Highest Offense Level (Opening) |
||
| Felony | ||
Terminated Counts |
Disposition |
|
| 18:1001.F STATEMENTS OR ENTRIES GENERALLY -- 18
USC 1001 -- Knowingly and willfully made false statements to MSHA (March
29, 1999) (1) |
Dismissed per plea agreement | |
| 30:820C.F LIABILITY OF CORPORATE DIRECTORS AND
OFFICERS -- 30 USC 820(c) and 820(d) -- Willfully violated mandatory
safety standards (Counts 2-4 -- March 29, 1999) (3) |
Dismissed per plea agreement | |
Highest Offense Level (Terminated) |
||
| Felony | ||
Complaints |
Disposition |
|
| None |
Plaintiff |
||
|
USA
TERMINATED: 09/19/2003 |
represented by | Steven Randall Ramseyer
UNITED STATES ATTORNEYS OFFICE - ABINGDON SUITE B19 180 WEST MAIN STREET ABINGDON, VA 24210 276-628-4161 Fax: 276-628-7399 Email: USAVAW.ECFAbingdon@usdoj.gov TERMINATED: 09/19/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 04/13/2000 | 1 | INDICTMENT as to A & G Coal Corp. (1) count(s) 1, 2-4, Gregory Maggard (2) count(s) 1, 2-4 (aec) (Entered: 04/14/2000) |
| 04/14/2000 | Summonses issued for A & G Coal Corp., Gregory Maggard Arraignment set for 11:00 5/5/00 for A & G Coal Corp., for Gregory Maggard (aec) | |
| 04/14/2000 | 2 | MOTION by USA as to A & G Coal Corp., Gregory Maggard to Transfer Case to the Big Stone Gap Division (aec) |
| 04/14/2000 | 3 | ORDER as to A & G Coal Corp., Gregory Maggard granting [2-1] motion to Transfer Case to the Big Stone Gap Division (Signed by Judge James P. Jones ) (aec) |
| 04/17/2000 | Entire file forwarded to BSG division by UPS this date (aec) | |
| 04/18/2000 | Summons reissued for A & G Coal Corp. Arraignment set for 5/5/00 at 11:00 a.m.for A & G Coal Corp. (addressed to Paul Thomson, Esquire, counsel) (eps) | |
| 04/18/2000 | Original file and certified copy of transfer order received from Abingdon Division (ehs) | |
| 05/03/2000 | 5 | SUMMONS returned executed 4/26/00 as to A & G Coal Corp. (aec) |
| 05/05/2000 | Initial Appearance as to A & G Coal Corp. (Defendant informed of rights.) Defendant, represented by Jerry Wharton, President of A&G Coal Corporation, present with counsel. ( presiding Magistrate Judge Pam M. Sargent Court Reporter: Clara Bartley, of Linda Miller Court Reporting, sworn prior to hearing) (ehs) | |
| 05/05/2000 | Arraignment as to A & G Coal Corp. ( presiding Magistrate Judge Pam M. Sargent Court Reporter: Clara Bartley, of Linda Miller Court Reporting, sworn prior to hearing) Defendant, represented by Jerry Wharton, President of A&G Coal Corporation, present with counsel, entered pleas of Not Guilty to all counts. (ehs) | |
| 05/05/2000 | 9 | WAIVER OF SPEEDY TRIAL by A & G Coal Corp. (ehs) |
| 05/05/2000 | NOTICE: set Jury Trial for 9:00 7/10/00 at Big Stone Gap for A & G Coal Corp., for Gregory Maggard (ehs) | |
| 05/09/2000 | 11 | MOTION by USA as to A & G Coal Corp., Gregory Maggard for Disclosure of Grand Jury and other materials (ejs) |
| 05/09/2000 | 12 | ORDER as to A & G Coal Corp., Gregory Maggard, ORDERING that all pre-trial motions shall be filed and scheduled by the parties for hearing at least fourteen (14) days before the trial date. ( Signed by Judge James P. Jones ) (ehs) |
| 05/10/2000 | 13 | ORDER as to A & G Coal Corp., Gregory Maggard granting [11-1] motion for Disclosure of Grand Jury and other materials as to A & G Coal Corp. (1), Gregory Maggard (2) ( Signed by Magistrate Judge Pamela Meade Sargent on 5/9/00) (fne) Modified on 05/10/2000 |
| 06/14/2000 | 14 | MOTION by A & G Coal Corp., Gregory Maggard for Continuance in the Interest of Justice (aec) |
| 06/15/2000 | NOTICE Motion Hearing [14-1] motion for Continuance in the Interest of Justice set for conference call on 06/19/00 @ 10:45 am (aec) | |
| 06/19/2000 | Motion hearing held by conference call as to A & G Coal Corp., Gregory Maggard re: [14-1] motion for Continuance in the Interest of Justice; ( presiding Judge James P. Jones; Court Reporter: N/A) (aec) (Entered: 06/22/2000) | |
| 06/19/2000 | 15 | ORDER as to A & G Coal Corp., Gregory Maggard granting [14-1] motion for Continuance in the Interest of Justice; Time excluded from 7/11/00 to 10/3/00 as to A & G Coal Corp. (1), Gregory Maggard (2) ( Signed by Judge James P. Jones ) (aec) (Entered: 06/22/2000) |
| 06/21/2000 | NOTICE resetting Jury Trial for 9:00 10/3 thru 6/00 for A & G Coal Corp., for Gregory Maggard (aec) (Entered: 06/22/2000) | |
| 07/17/2000 | 17 | WAIVER OF SPEEDY TRIAL by A & G Coal Corp. (eps) |
| 09/07/2000 | NOTICE setting Pretrial Conference for 1:00 9/12/00 for A & G Coal Corp., for Gregory Maggard (aec) | |
| 09/12/2000 | NOTICE setting Guilty Plea Hearing for 9:00 10/3/00 for A & G Coal Corp., for Gregory Maggard (aec) | |
| 09/18/2000 | 18 | MOTION by A & G Coal Corp. to Strike Surplusage in the Indictment. (fne) |
| 09/18/2000 | 19 | MOTION by A & G Coal Corp. to Produce Exculpatory Evidence (fne) |
| 09/18/2000 | 20 | MOTION by A & G Coal Corp. in Limine (fne) |
| 10/03/2000 | 21 | PLEA AGREEMENT as to A & G Coal Corp. (aec) |
| 10/03/2000 | Guilty Plea Hearing as to A & G Coal Corp., Guilty pleas as to Count counts 2, 4; Terminated motions [20-1] motion in Limine as to A & G Coal Corp. (1), [19-1] motion to Produce Exculpatory Evidence as to A & G Coal Corp. (1), [18-1] motion to Strike Surplusage in the Indictment Defendant by corporate representative Jerry Wharton present with counsel. ( presiding Judge James P. Jones; Court Reporter: Bridget Dickert, OCR) (aec) | |
| 10/03/2000 | NOTICE setting Sentencing for 10:00 1/10/01 for Gregory Maggard (aec) | |
| 10/03/2000 | Payment in full of $ 250.00 for special assessment Receipt # 99838 by A & G Coal Corp. (ehs) | |
| 10/11/2000 | NOTICE:, setting Sentencing for 10:00 1/10/01 for A & G Coal Corp. (aec) | |
| 10/16/2000 | Payment of $ 450,000.00 Receipt # 99855 by A & G Coal Corp. (ehs) | |
| 10/18/2000 | 22 | ORDER as to A & G Coal Corp., Requiring Deposited Funds to be Placed in Interest-Bearing Account ( Signed by Magistrate Judge Pam M. Sargent on 10/18/00 ) (ehs) |
| 12/19/2000 | NOTICE resetting Sentencing for 10:30 3/16/01 for A & G Coal Corp. (aec) | |
| 03/06/2001 | NOTICE resetting Sentencing for 1:00 5/14/01 for A & G Coal Corp. (aec) | |
| 05/14/2001 | COURT REPORTER NOTES as to defendant A & G Coal Corp. filed in Abingdon Division by Court Reporter Bridget A. Dickert, OCR Carton # 01-CR-02 for hearing date 5/14/01 for Sentencing (ejs) | |
| 05/14/2001 | Sentencing A & G Coal Corp. (1) count(s) 2, 4 -- Probation term w/ special conditions of 42 months as to each count to run concurrent; $24,000 Fine ($12,000 as to each count); $250 Special Assessment; Remainder of funds (after subtracting fine, and special assessment from the $450,000 paid to the court at time of guilty plea) to be distributed to the victim's and infant children; Counts 1, 3 are dismissed per plea agreement. Defendant representative present with counsel. ( presiding Judge James P. Jones; Court Reporter: Bridget Dickert, OCR) (aec) (Entered: 05/16/2001) | |
| 05/21/2001 | 23 | JUDGMENT IN A CRIMINAL CASE as to A & G Coal Corp. ( Signed by Judge James P. Jones ) (aec) |
| 05/21/2001 | 24 | ORDER as to A & G Coal Corp. wherein the Clerk shall pay from the funds deposited by the deft. the sum of $24,000 to the United States in payment of the fine imposed and the sum of $10,000 to Sherry Adkins, widow of Anthony Adkins, as court-ordered restitution ( Signed by Judge James P. Jones ) (aec) |
| 05/31/2001 | Dismissal of Counts on Government Motion as to A & G Coal Corp. party A & G Coal Corp. Counts Dismissed: A & G Coal Corp. (1) count(s) 1, 3 (flc) | |
| 05/31/2001 | 25 | SATISFACTION OF JUDGMENT re: A & G Coal Corp. (ehs) |
| 05/31/2001 | Update disposition information as to A & G Coal Corp. (1) count(s) 2, 4 . Probation term w/ special conditions of 42 months as to each count to run concurrent; $24,000 Fine ($12,000 as to each count); $250 Special Assessment; Remainder of funds (after subtracting fine, and special assessment from the $450,000 paid to the court at time of guilty plea) to be distributed to the victim's widow and infant children; On 5/31/01 SATISFACTION OF MONETARY JUDGMENT filed by USA. (ehs) | |
| 10/17/2001 | 26 | ORDER as to A & G Coal Corp. as follows: (1) SunTrust Bank is approved as the trustee to administer the trust pursuant to the terms and provisions of the Trust Agreement; (2) the Trust Agreement is approved; (3) clerk directed to file copy of the Trust Agreement with the records in this case; (4) court must give prior approval to any future amendments to the Trust Agreement; (5) clerk directed to make payment to Trustee of the balance of the principal sum previously deposited by the dft in this case, which principal sum is $416,000.00, along with any accumulated interest thereon, such payment to be by check to SunTrust Bank, Attention Trust Dept - John C. Atkins, P.O. Box 1677, Johnson City, TN 37605-1677; (6) Trustee is authorized and directed to pay from the trust the fee of Byrum L. Geisler, PennStuart, attorney for the preparation of the Trust Agreement. Amount of such fee need not be approved by the court, provided that the Trustee finds the fee to be reasonable under the circumstances; and (7) clerk directed to send copies of this order as directed ( Signed by Judge James P. Jones on 10/16/01 )- Trust Agreement attached to Order (ehs) |
| 01/28/2003 | 27 | MOTION by A & G Coal Corp. to Terminate Probation (fne) |
| 01/31/2003 | 28 | ORDER as to A & G Coal Corp. granting [27-1] motion to Terminate Probation as to A & G Coal Corp. (1) ( Signed by Judge James P. Jones ) (flc) |