CLOSED, ECF

U.S. District Court
Southern District of New York (Foley Square)
CRIMINAL DOCKET FOR CASE #: 1:06-cr-00900-BSJ-1


Case title: USA v. Abatement International/Advatex Associates et al

Date Filed: 09/29/2006
Date Terminated: 07/09/2007

Assigned to: Judge Barbara S. Jones

Defendant (1)
Abatement International/Advantex Associates
TERMINATED: 07/09/2007
represented byKenneth P. Thompson
Thompson Wigdor & Gilly LLP
85 Fifth Avenue
New York, NY 10003
(212)257-6800
Fax: (212) 257-6845
Email: kthompson@thompsonwigdor.com
LEAD ATTORNEY
Designation: Retained

Jihee Gillian Suh
Thompson Wigdor & Gilly LLP
85 Fifth Avenue
New York, NY 10003
(212)401-4033
Fax: (212)239-9001
Email: jsuh@twglawyers.com
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
AIR POLLUTION PREVENTION/CONTROL-HAZARDOUS AIR POLLUTANTS (UNLAWFUL REMOVAL OF ASBESTOS)
(1)
1 year probation with supervision. $400.00 special assessment. $56,000.00 fine.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
AIR POLLUTION PREVENTION/CONTROL-HAZARDOUS AIR POLLUTANTS (UNLAWFUL REMOVAL OF ASBESTOS)
(2)
Dismissed

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byDaniel Lawrence Stein
U.S. Attorney's Office, SDNY (St Andw's)
One St. Andrew's Plaza
New York, NY 10007
(212) 637-2407
Fax: (212) 637-2387
Email: daniel.stein@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
10/11/2006  Case Designated ECF as to Abatement International/Advantex Associates, Marco Molina.(jm, ) (Entered: 10/13/2006)
10/11/2006  INDICTMENT UNSEALED as to Abatement International/Advantex Associates, Marco Molina.(jm, ) (Entered: 10/13/2006)
10/17/2006  Minute Entry for proceedings held before Judge Barbara S. Jones :Initial Pretrial Conference as to Abatement International/Advantex Associates, Marco Molina held on 10/17/2006. Defts present with attys Jihee Suh and Scott Gilly. AUSA David O'Neil present. Court reporter present. Govt will produce discovery, which include pre-arrest statements, within the next four weeks. Defts request four weeks to review discovery. Next pretrial conference will be held on 12/5/2006 at 4pm. At this conference, defts shall inform the Court as to whether they intend to file motions. Under the Speedy Trial exception, the period of time from 10/17/06 - 12/5/06 is excluded to allow the Government to produce discovery and to allow the defts time to review it. These interests outweigh the interests of the deft and the public in a speedy trial. Deft continued on bail. (jar, ) (Entered: 12/15/2006)
11/15/200610 ENDORSED LETTER as to Abatement International/Advantex Associates, Marco Molina addressed to Judge Jones from Jihee G. Suh dated 11/13/06 re: Request the court's permission to withdraw from representing Mr. Molina, as indicated.Application granted. Mr. Suh is releived as counsel for deft Molina and is replaced by Mr Thomas Fitzpatrick. Mr. Fitzpatrick shall file his notice of appearance accordingly. So ordered (Signed by Judge Barbara S. Jones on 11/14/06)(pr, ) (Entered: 11/16/2006)
11/17/200612 NOTICE OF ATTORNEY APPEARANCE: Kenneth P. Thompson appearing for Abatement International/Advantex Associates. (Thompson, Kenneth) (Entered: 11/17/2006)
11/17/200613 NOTICE OF ATTORNEY APPEARANCE: Jihee Gillian Suh appearing for Abatement International/Advantex Associates. (Suh, Jihee) (Entered: 11/17/2006)
12/05/2006  Minute Entry for proceedings held before Judge Barbara S. Jones :Initial Appearance as to Abatement International/Advantex Associates held on 12/5/2006. (bw, ) (Entered: 12/12/2006)
12/05/2006  Minute Entry for proceedings held before Judge Barbara S. Jones :Status Conference as to Abatement International/Advantex Associates, Marco Molina held on 12/5/2006. For the Govt, AUSA David O'Neil; For deft Abatement International/Advantex Associates, Attorneys Kenneth Thomson and Jihee Suh; For deft Marco Molina, Attorney Thomas Fitzpatrick; Court Reporter Martha Drevis. The parties are attempting to reach a resolution of the matter. Next conference scheduled for 1/10/07 at 4:30 p.m. There are no motions contemplated at this time. Under the interest of justice exception of the Speedy Trial Act, the period of time from 12/5/06 to 1/10/07 is excluded to allow the parties to reach a resolution of the matter. This reason outweighs the interests of the defts and the public in a speedy trial. (bw, ) (Entered: 12/12/2006)
12/05/2006  ORAL ORDER as to Abatement International/Advantex Associates, Marco Molina. Time excluded from 12/5/06 until 1/10/07. Status Conference set for 1/10/2007 04:30 PM before Judge Barbara S. Jones.(bw, ) (Entered: 12/12/2006)
01/02/200714  MOTION to Continue Status Conference Until January 31, 2007. Document filed by Abatement International/Advantex Associates. (Suh, Jihee) (Entered: 01/02/2007)
01/03/200715 ENDORSED LETTER as to Abatement International/Advantex Associates addressed to Judge Jones from Kenneth Thompson dated 1/2/07 re: Adjournment of the upcoming status conference, currently set for 1/10/07 until 1/31/07. Defts. agree to exclude the time until 1/31/07. Application granted. The pretrial conference is adjourned to 1/31/07 @ 4:30PM. in the IOJ for the reasons stated, STT is excluded from 1/10/07 to 1/31/07 purs to 18:3161(h)(8)(A). So ordered. (Signed by Judge Barbara S. Jones on 1/3/07)(pr, ) (Entered: 01/04/2007)
01/03/2007  Set/Reset Hearings as to Abatement International/Advantex Associates, Marco Molina: Pretrial Conference set for 1/31/2007 04:30 PM before Judge Barbara S. Jones..(pr, ) (Entered: 01/04/2007)
02/09/2007  Minute Entry for proceedings held before Judge Barbara S. Jones :Change of Plea Hearing as to Abatement International/Advantex Associates, Marco Molina held on 2/9/2007. Appearances: For the Govt, AUSA David O'Neil; For Deft Abatement International/Advantex Associates, William McKenzie, President, Kenneth Thompson and Jihee Suh; Court Reporter Ann Hairston. Deft present on behalf of his corporation, Abatement International/Advantex Associates, with attorney Kenneth Thomson. AUSA David O'Neil present. Court reporter present. Deft, on behalf of the corporation, wishes to withdraw the not guilty plea and enter a plea of guilty to count 1 as listed in the indictment. Deft is sworn. Court accepts deft's plea on behalf of the corporation and enters a plea of guilty to count 1 as listed in the indictment. An expedited presentence report is ordered from the Probation Dept. Sentencing will be held on 4/6/07 at 2PM. (bw) (Entered: 02/20/2007)
02/09/2007  Change of Not Guilty Plea to Guilty Plea as to Abatement International/Advantex Associates (1) Count 1. (bw) (Entered: 02/20/2007)
02/09/2007  Minute Entry for proceedings held before Judge Barbara S. Jones : Plea entered by Abatement International/Advantex Associates (1) Guilty as to Count 1. (bw) (Entered: 02/20/2007)
02/09/2007  Order of Referral to Probation for Presentence Investigation and Report as to Abatement International/Advantex Associates. (bw) (Entered: 02/20/2007)
02/09/2007  ORAL ORDER as to Abatement International/Advantex Associates. Sentencing set for 4/6/2007 02:00 PM before Judge Barbara S. Jones. (bw) (Entered: 02/20/2007)
02/28/200716 TRANSCRIPT of Proceedings as to Abatement International/Advantex Associates, Marco Molina held on 12/5/2006 before Judge Barbara S. Jones. (jsa) (Entered: 02/28/2007)
03/16/200717 TRANSCRIPT of Proceedings as to Abatement International/Advantex Associates, Marco Molina held on 1/31/2007 at 4:40 p.m. before Judge Barbara S. Jones. (mbe) (Entered: 03/16/2007)
04/03/200718 ENDORSED LETTER as to Abatement International/Advantex Associates, Marco Molina addressed to Judge Jones from David A. O'Neil, AUSA dated 3/29/07 re: Adjournment of conference to 4/19/07 @ 4:30PM. Exclusion of time until 4/19/07. Application granted. PTC is adjourned to 4/19/07 @ 4:30PM. IOJ for the reasons stated, speedy trial is excluded from 4/3/07 to 4/19/07 purs to 18:3161(h)(8)(A). So ordered.. (Signed by Judge Barbara S. Jones on 4/3/07)(pr) (Entered: 04/05/2007)
04/03/2007  Set/Reset Hearings as to Abatement International/Advantex Associates, Marco Molina: Pretrial Conference set for 4/19/2007 04:30 PM before Judge Barbara S. Jones.. (pr) (Entered: 04/05/2007)
04/24/200719 TRANSCRIPT of Proceedings as to Abatement International/Advantex Associates, Marco Molina held on 2/9/2007 before Judge Barbara S. Jones. (jp) (Entered: 04/24/2007)
05/09/200720 SENTENCING MEMORANDUM by Abatement International/Advantex Associates. (Suh, Jihee) (Entered: 05/09/2007)
06/01/200721 Minute Entry for proceedings held before Judge Barbara S. Jones :Sentencing held on 6/1/2007 for Abatement International/Advantex Associates (1) Count 1. (pr) (Entered: 07/10/2007)
06/01/2007  DISMISSAL OF COUNTS on Government Motion as to Abatement International/Advantex Associates (1) Count 2.. (pr) (Entered: 07/10/2007)
06/08/2007  Payment of Fine from Abatement International/Advantex Associates in the amount of $56,400.00. Date Received: 6/8/07. (mn) (Entered: 06/08/2007)
07/09/200722 JUDGMENT as to Abatement International/Advantex Associates (1), Count(s) 1, 1 year probation with supervision. $400.00 special assessment. $56,000.00 fine.; Count(s) 2, Dismissed. (See attached J&C for full text). (Signed by Judge Barbara S. Jones on 7/9/07)(pr) (Entered: 07/10/2007)
07/09/2007  Judgment entered in money judgment book as #07,1367 as to Abatement International/Advantex Associates in the amount of $ 56,400.00, re: 22 Judgment. (dt) (Entered: 07/17/2007)
07/25/200724 SATISFACTION OF JUDGMENT as to Abatement International/Advantex Associates re 22 Judgment, in the amount of $56,400.00. Judgment satisfied on 7/25/07. (ja) (Entered: 08/01/2007)
07/30/200723 TRANSCRIPT of Proceedings as to Abatement International/Advantex Associates held on 6/1/07 before Judge Barbara S. Jones. (jbe) (Entered: 07/30/2007)