CLOSED

U.S. District Court
Northern District of New York - Main Office (Syracuse) [LIVE - Version 5.1.1] (Syracuse)
CRIMINAL DOCKET FOR CASE #: 5:08-cr-00171-FJS All Defendants


Case title: USA v. AAPEX Environmental Services, Inc.

Date Filed: 06/03/2008
Date Terminated: 03/26/2012

Assigned to: Senior Judge Frederick J. Scullin, Jr

Defendant (1)
AAPEX Environmental Services, Inc.
TERMINATED: 03/26/2012
represented byArthur J. Bigsby
Fallon, Fallon Law Firm
501 East Washington Street
Syracuse, NY 13202-1986
315-475-4410
Fax: 315-475-0759
Email: artbigsby@aol.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
TOL: 15: Culpability Score: 4; Base Fine Range: $125,000. Fine Range: $100,000-$200,000. Deft Corp. sentenced to 2 yrs. Probation with conditions. Fine: $63,200. Restitution: $75,000. SA; $800.
FRAUDS AND SWINDLES
(2)
TOL: 15: Culpability Score: 4; Base Fine Range: $125,000. Fine Range: $100,000-$200,000. Deft Corp. sentenced to 2 yrs. Probation with conditions. Fine: $63,200. Restitution: $75,000. SA; $800.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


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

Date Filed #Docket Text
06/03/2008WAIVER OF INDICTMENT as to APPEX Environmental Services, Inc.. (alh, ) (Entered: 06/11/2008)
06/03/2008INFORMATION as to APPEX Environmental Services, Inc. (1) count(s) 1, 2. (alh, ) (Entered: 06/11/2008)
06/03/2008PLEA AGREEMENT as to APPEX Environmental Services, Inc. (alh, ) (Entered: 06/11/2008)
06/03/2008GUIDELINE ORDER as to APPEX Environmental Services, Inc. Sentencing set for 10/7/2008 11:30 AM in Syracuse before Senior Judge Frederick J. Scullin Jr.. Government Sentencing Memo Deadline 9/23/2008 Defendant Sentencing Memo Deadline 9/23/2008. Signed by Senior Judge Frederick J. Scullin, Jr on 6/3/08. (alh, ) (Entered: 06/11/2008)
06/03/2008  Minute Entry for proceedings held before Senior Judge Frederick J. Scullin, Jr:Waiver of Indictment/Entry of Plea Hearing as to Aapex Environmental Services, Inc. held on 6/3/2008. Deft counsel signs waiver form obo/Aapex Environmental. Plea entered by APPEX Environmental Services, Inc.of Guilty Count 1,2 pursuant to an 11(c)(1)(C) plea agreement. Court reserves on accepting plea agreement. Parties stipulate that a portion of the fine to be imposed may be treated as a business deduction. Deft counsel lists restitution already paid for the record. Deft counsel advises fine will be paid in full if plea agreement accepted by the Court. Court orders PSR. Sentencing date: 10/7/2008 11:30am. APP: Craig Benedict, AUSA; Arthur Bigsby, Esq. for Aapex Environmental. (Court Reporter Jodi Hibbard) (bjw, ) (Entered: 06/11/2008)
09/29/2008  SCHEDULING NOTICE: Reset Hearings as to APPEX Environmental Services, Inc.: At the request of the government: Sentencing reset for 1/14/2009 02:30 PM in Syracuse before Senior Judge Frederick J. Scullin Jr.. (bjw, ) (Entered: 09/29/2008)
01/06/2009  SCHEDULING NOTICE: Reset Hearings as to APPEX Environmental Services, Inc.: Due to a change in the Court's calendar: Sentencing reset for 1/26/2009 03:30 PM in Syracuse before Senior Judge Frederick J. Scullin Jr.. (bjw, ) (Entered: 01/06/2009)
01/12/2009  SCHEDULING NOTICE: Reset Hearings as to APPEX Environmental Services, Inc.: At the request of the government: Sentencing reset for 6/29/2009 11:30 AM in Syracuse before Senior Judge Frederick J. Scullin Jr.. (bjw, ) (Entered: 01/12/2009)
06/26/2009  SCHEDULING NOTICE: Reset Hearings as to APPEX Environmental Services, Inc.: At the request of the government: Sentencing reset for 12/8/2009 11:30 AM in Syracuse before Senior Judge Frederick J. Scullin Jr.. (bjw, ) (Entered: 06/26/2009)
11/09/2009Letter from Craig A. Benedict as to APPEX Environmental Services, Inc. requesting adjournment of sentencing for AAPEX Environmental Services, Inc. and John Leathley (Benedict, Craig) (Entered: 11/09/2009)
11/09/2009  SCHEDULING NOTICE: Reset Hearings as to APPEX Environmental Services, Inc.: At the request of the government: Sentencing reset for 4/21/2010 11:30 AM in Syracuse before Senior Judge Frederick J. Scullin Jr.. (bjw, ) (Entered: 11/09/2009)
04/05/2010Letter from Craig A. Benedict as to APPEX Environmental Services, Inc. requesting adjournment of sentencing (Benedict, Craig) (Entered: 04/05/2010)
04/06/2010  RESCHEDULING NOTICE: Reset Hearings as to APPEX Environmental Services, Inc.: At the request of the government: Sentencing reset for 9/8/2010 10:30 AM in Syracuse before Senior Judge Frederick J. Scullin Jr. Sentencing memo due two weeks prior to sentencing date. (bjw, ) (Entered: 04/06/2010)
04/22/2010  The Clerk has updated the docket to reflect the correct spelling of the Defendant. Pary name changed from "APPEX Environmental Services, Inc." to "AAPEX Environmental Services, Inc." (mae) (Entered: 04/22/2010)
08/23/2010  RESCHEDULING NOTICE: Reset Hearings as to AAPEX Environmental Services, Inc.: At the request of the government: Sentencing reset for 12/14/2010 11:00 AM in Syracuse before Senior Judge Frederick J. Scullin Jr.. (bjw, ) (Entered: 08/23/2010)
11/29/2010  RESCHEDULING NOTICE: Reset Hearings as to AAPEX Environmental Services, Inc.: Due to a conflict in the Court's calendar: Sentencing reset for 12/17/2010 11:00 AM in Syracuse before Senior Judge Frederick J. Scullin Jr.. (bjw, ) (Entered: 11/29/2010)
12/08/2010Letter from Craig A. Benedict as to AAPEX Environmental Services, Inc. requesting an adjournment of sentencing (Benedict, Craig) (Entered: 12/08/2010)
12/10/2010  RESCHEDULING NOTICE: Reset Hearings as to AAPEX Environmental Services, Inc.: At the request of the government: Sentencing reset for 5/17/2011 10:00 AM in Syracuse before Senior Judge Frederick J. Scullin Jr.. (bjw, ) (Entered: 12/10/2010)
05/13/2011  RESCHEDULING NOTICE: Reset Hearings as to AAPEX Environmental Services, Inc.: At the request of the government: Sentencing reset for 9/8/2011 11:00 AM in Syracuse before Senior Judge Frederick J. Scullin Jr.. (bjw, ) (Entered: 05/13/2011)
08/19/2011  RESCHEDULING NOTICE: Reset Hearings as to AAPEX Environmental Services, Inc.: At the request of the government: Sentencing reset for 11/22/2011 10:00 AM in Syracuse before Senior Judge Frederick J. Scullin Jr.. (bjw, ) (Entered: 08/19/2011)
11/03/2011  RESCHEDULING NOTICE: Reset Hearings as to AAPEX Environmental Services, Inc.: At the request of the government Sentencing reset for 2/1/2012 10:00 AM in Syracuse before Senior Judge Frederick J. Scullin Jr.. (bjw, ) (Entered: 11/03/2011)
01/11/2012  RESCHEDULING NOTICE: Reset hearings as to AAPEX Environmental Services, Inc.: Sentencing reset (moved up) for 3/13/2012 11:30 AM in Syracuse before Senior Judge Frederick J. Scullin Jr.. (bjw, ) (Entered: 01/11/2012)
01/20/2012PRESENTENCE INVESTIGATION REPORT - INITIAL DISCLOSURE [LODGED] as to AAPEX Environmental Services, Inc.. The Presentence Investigation Report in this matter is now available for review. Any objections to the report shall be served on the Probation Office within 14 days of this notice, by mailing a hard copy to the Probation Officer. Please contact the probation officer who prepared the report if you have any questions.[This document has been electronically lodged with the Court and is viewable by ONLY the attorney for the government, the attorney for the defendant, and the presiding judge. It is not a filed document, therefore is not available for public inspection. Any further distribution or dissemination is prohibited.] (dct, ) (Entered: 01/20/2012)
01/30/2012  RESCHEDULING NOTICE: Reset Hearings as to AAPEX Environmental Services, Inc.: Due to a conflict in the Court's calendar: Sentencing reset for 3/21/2012 11:30 AM in Syracuse before Senior Judge Frederick J. Scullin Jr.. (bjw, ) (Entered: 01/30/2012)
01/31/2012  RESCHEDULING NOTICE:Reset Hearings as to AAPEX Environmental Services, Inc.: At the request of the government: Sentencing reset for 3/22/2012 11:30 AM in Syracuse before Senior Judge Frederick J. Scullin Jr.. (bjw, ) (Entered: 01/31/2012)
03/02/2012Letter from Craig Benedict as to AAPEX Environmental Services, Inc. requesting the Court accept this letter (Benedict, Craig) (Entered: 03/02/2012)
03/16/201210 PRESENTENCE INVESTIGATION REPORT - FINAL DISCLOSURE [LODGED] as to AAPEX Environmental Services, Inc.. The final version of the Presentence Investigation Report, including all revisions and the most recent Addendum is now available for review. This version of the report will be used by the Court at the time of sentencing. [This document has been electronically lodged with the Court and is viewable by ONLY the attorney for the government, the attorney for the defendant, and the presiding judge. Any further distribution or dissemination is prohibited.] (dct, ) (Entered: 03/16/2012)
03/22/2012  Minute Entry for proceedings held before Senior Judge Frederick J. Scullin, Jr:Sentencing held on 3/22/2012 for AAPEX Environmental Services, Inc. Court accepts the 11(c)(1)(C) Plea Agreement, therefore deft corp. shall be sentenced in accordance with this agreement. Deft Corp. notes that all restitution has been paid. Upon review of PSR, sentencing guidelines, memo by counsel and factors pursuant to 18 USC 3553(a) the Court finds: TOL: 15: Culpability Score: 4; Base Fine Range: $125,000. Fine Range: $100,000-$200,000. Deft Corp. sentenced on counts 1 and 2 to 2 yrs. Probation with conditions to include that corp. will submit periodic reports on its financial condition. Fine: $63,200 (to be paid today). Restitution: $75,000 (has been paid) SA; $800.. APP: Craig Benedict, AUSA; Arthur Bigsby, Esq. (Court Reporter Eileen McDonough) (bjw, ) (Entered: 03/22/2012)
03/26/201211 JUDGMENT as to AAPEX Environmental Services, Inc. TOL: 15: Culpability Score: 4; Base Fine Range: $125,000. Fine Range: $100,000-$200,000. Deft Corp. sentenced on counts 1 and 2 to 2 yrs. Probation with conditions. Fine: $63,200. Restitution: $75,000. SA; $800.. Signed by Senior Judge Frederick J. Scullin, Jr on 3/26/2012. (bjw, ) (Entered: 03/26/2012)