USA v. A & G Coal Corp., et al
CLOSED

U.S. District Court
Western District of Virginia (Big Stone Gap)
CRIMINAL DOCKET FOR CASE #: 2:00-cr-10035-jpj-1


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 byElsey 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 bySteven 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
04/13/2000INDICTMENT 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)
04/14/2000MOTION by USA as to A & G Coal Corp., Gregory Maggard to Transfer Case to the Big Stone Gap Division (aec)
04/14/2000ORDER 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)
05/03/2000SUMMONS 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)
05/05/2000WAIVER 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)
05/09/200011 MOTION by USA as to A & G Coal Corp., Gregory Maggard for Disclosure of Grand Jury and other materials (ejs)
05/09/200012 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)
05/10/200013 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
06/14/200014 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)
06/19/200015 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)
07/17/200017 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)
09/18/200018 MOTION by A & G Coal Corp. to Strike Surplusage in the Indictment. (fne)
09/18/200019 MOTION by A & G Coal Corp. to Produce Exculpatory Evidence (fne)
09/18/200020 MOTION by A & G Coal Corp. in Limine (fne)
10/03/200021 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)
10/18/200022 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)
05/21/200123 JUDGMENT IN A CRIMINAL CASE as to A & G Coal Corp. ( Signed by Judge James P. Jones ) (aec)
05/21/200124 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)
05/31/200125 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)
10/17/200126 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)
01/28/200327 MOTION by A & G Coal Corp. to Terminate Probation (fne)
01/31/200328 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)