CLOSED

U.S. District Court
Northern District of Texas (Fort Worth)
CRIMINAL DOCKET FOR CASE #: 4:00-cr-00046-Y-2


Case title: USA v. O'Briant, et al

Date Filed: 03/16/2000
Date Terminated: 07/10/2001

Assigned to: Judge Terry R Means

Defendant (2)
Ace Rubber Products Inc
TERMINATED: 07/13/2001
represented byTim Evans
Evans, Daniel, Moore, Evans & Lazarus
115 W Second St
Suite 202
Fort Worth, TX 76102
817.717.4091
Fax: 817.332.2763
Email: rtevans@swbell.net
TERMINATED: 07/13/2001
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:1001 & 2 - FALSE CLAIMS AGAINST THE GOVERNMENT AND AIDING AND ABETTING
(15)
Deft is hereby sentenced to a term of probation for a period of 5 yrs on count 15; Restitution in the amount of $54,506.67; MSA $400 (2pgs)

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:1001 & 2 - FALSE CLAIMS AGAINST THE GOVERNMENT AND AIDING AND ABETTING
(1-5)
Counts 1-14 of the 15-count Indictment are dismissed on the motion of the United States as to this deft only.
18:287 & 2 - FALSE STATEMENTS AND AIDING AND ABETTING
(6-11)
Counts 1-14 of the 15-count Indictment are dismissed on the motion of the United States as to this deft only.
18:1341 & 2 - MAIL FRAUD AND AIDING AND ABETTING
(12-14)
Counts 1-14 of the 15-count Indictment are dismissed on the motion of the United States as to this deft only.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byRichard B Roper-DOJ , III
US Attorney's Office
1100 Commerce St
3rd Floor
Dallas, TX 75242
214/659-8600
Email: usatxn.ecfbounceback@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
03/16/2000INDICTMENT as to Arthur Ray O'Briant (1) count(s) 1-5, 6-11, 12-14, 15, Ace Rubber Products (2) count(s) 1-5, 6-11, 12-14, 15 (11pgs) (geb) (Entered: 03/16/2000)
03/31/2000SCHEDULING ORDER FOR CRIMINAL TRIAL AND PRETRIAL ORDER as to Arthur Ray O'Briant, Ace Rubber Products setting Jury Trial for 2:00 5/22/00 for Arthur Ray O'Briant, for Ace Rubber Products ; Pretrial Materials 4/27/00 cc: all Page(s): 13 ( Signed by Judge Terry R. Means ) (wrb) (Entered: 03/31/2000)
04/11/200010 UNOPPOSED MOTION by Arthur Ray O'Briant, Ace Rubber Products to continuance (4pgs) (fba) (Entered: 04/11/2000)
04/14/200011 ORDER GRANTING MOTION FOR CONTINUANCE AND ORDER AMENDING PRETRIAL DEADLINES as to Arthur Ray O'Briant, Ace Rubber Products granting [10-1] motion to continuance as to Arthur Ray O'Briant (1), Ace Rubber Products (2)...the trial of the above-styled and numbered action is CONTINUED to Jury trial for 1:30 8/21/00 for Arthur Ray O'Briant, for Ace Rubber Products ...the scheduling order for criminal trial and pretrial order previously entered in this cause is hereby AMENDED to extend the pretrial deadlines, defendant's pretrial motions must be filed no later than July 24, 2000, the parties file with the clerk and deliver to all other parties and the court reporter, separate lists of exhibits and witnesses, except those offered solely for impeachment, no later than 12:00 noon on Ausgust 16, 2000...SEE ORDER FOR FURTHER SPECIFICS... cc: all Page(s): 12 ( Signed by Judge Terry R. Means ) (fba) (Entered: 04/14/2000)
07/10/200012 MOTION by Arthur Ray O'Briant, Ace Rubber Products of Continuance of Trial in Interests of Justice (5) (pdm) (Entered: 07/11/2000)
07/12/200013 GOVT'S RESPONSE by USA as to Arthur Ray O'Briant, Ace Rubber Products re [12-1] motion of Continuance of Trial in Interests of Justice (2pg) (mjw) (Entered: 07/13/2000)
07/12/200014 ORDER GRANTING MOTION FOR CONTINUANCE as to Arthur Ray O'Briant, Ace Rubber Products granting [12-1] motion of Continuance of Trial in Interests of Justice Time Excluded from 8/22/00 to 12/11/00 as to Arthur Ray O'Briant (1), Ace Rubber Products (2) reset Jury trial for 1:30 12/11/00 for Arthur Ray O'Briant, for Ace Rubber Products cc: all Page(s): 1 ( Signed by Judge Terry R. Means ) (wrb) (Entered: 07/13/2000)
11/22/200015 Designation of Expert Witnesses by plaintiff USA (2pgs) (fba) (Entered: 11/22/2000)
12/04/200016 Proposed Jury Instructions by USA as to Arthur Ray O'Briant, Ace Rubber Products (15+pgs) (fba) (Entered: 12/05/2000)
12/06/200017 JOINT MOTION by Arthur Ray O'Briant, Ace Rubber Products of Continuance in Interests of Justice (4pgs) (fba) (Entered: 12/06/2000)
12/06/200018 Exhibit list by USA as to Arthur Ray O'Briant, Ace Rubber Products (15+pgs) (fba) (Entered: 12/07/2000)
12/06/200019 Witness list by USA as to Arthur Ray O'Briant, Ace Rubber Products (5pgs) (fba) (Entered: 12/07/2000)
12/07/200020 ORDER as to Arthur Ray O'Briant, Ace Rubber Products granting [17-1] joint motion of Continuance in Interests of Justice Time Excluded from 12/12/00 to 2/26/01 as to Arthur Ray O'Briant (1), Ace Rubber Products (2) reset Jury trial for 1:30 2/26/01 for Arthur Ray O'Briant, for Ace Rubber Products cc: 12/07/00 Page(s): 1 ( Signed by Judge Terry R. Means ) (fba) (Entered: 12/07/2000)
02/21/200121 ORDER SETTING TIME LIMITS FOR TRIAL as to Arthur Ray O'Briant, Ace Rubber Products....Ordered that the government shall have twelve (12) hours to present its case-in-chief against the defendants in this cause; further Ordered that defendants shall have eight (8) hours to present their defense. cc: 02/21/01 Page(s): 1 ( Signed by Judge Terry R. Means ) (fba) (Entered: 02/21/2001)
02/21/200122 AMENDED Exhibit list by USA as to Arthur Ray O'Briant, Ace Rubber Products (15+pgs) (fba) (Entered: 02/21/2001)
02/21/200123 SECOND AMENDED Witness list by USA as to Arthur Ray O'Briant, Ace Rubber Products (6pgs) (fba) (Entered: 02/21/2001)
02/22/200124 ORDER SETTING REARRAIGNMENT as to Arthur Ray O'Briant, Ace Rubber Products Rearraignment set for 1:30 2/26/01 for Arthur Ray for Ace Rubber Products before U.S.District Judge Terry R. Means; defense counsel to notify the Court's coordinator, Judy Smalling if an interpreter will be needed at the arraignment....SEE ORDER FOR FURTHER SPECIFICS... cc: 02/22/01 Page(s): 1 ( Signed by Judge Terry R. Means ) (fba) (Entered: 02/22/2001)
02/26/200126 Minute entry as to Arthur Ray O'Briant : ;Rearraignment Held before Judge Terry R. Means Court Reporter: Frances Janezic; Richard Roper-Atty for Govt; Tim Evans-Ret Atty for deft; plea agreement filed; court defers acceptance of Plea Agreement until time of sentencing; deft enters a plea of guilty; factual resume filed; deft's bond continued; Authur O'Brient acting representative for Ace Rubber & Represented to the Court that he would truthfully answer all questions relating to the Corporation; Court Exhibit #1 is to be stapled to the Plea Agreement and made a part of the Plea Agreement-so ordered. (1pg) (fba) (Entered: 02/27/2001)
02/26/2001  Rearraignment HELD; PLEA OF GUILTY by Ace Rubber Products (2) count(s) 15 ;Dft(s) informed of rights; Court Accepts Plea; (fba) (Entered: 02/27/2001)
02/26/2001  Sentencing set for 9:30 5/29/01 for Ace Rubber Products , Ace Rubber Products (2) count(s) 15; PSI due on April 2, 2001; PSI Referral Form handed to defendant's attorney; Scheduling Order to follow. (fba) (Entered: 02/27/2001)
02/26/200129 Plea Agreement as to Ace Rubber Products (5pgs) (fba) (Entered: 02/27/2001)
02/26/200130 Factual Resume as to Ace Rubber Products (3pgs) (fba) (Entered: 02/27/2001)
02/27/200131 ORDER SETTING SCHEDULE FOR SENTENCING as to Arthur Ray O'Briant, Ace Rubber Products PSI due by 4:30 4/2/01 for Arthur Ray O'Briant, for Ace Rubber Products ; Objections to PSI due by 4:30 4/16/01 for Arthur Ray O'Briant, for Rubber Products ; PSI Addendum due by 4:30 4/30/01 for Arthur Ray O'Briant, for Ace Rubber Products ; Sentencing set for 9:30 5/29/01 for Arthur Ray O'Briant, for Ace Products....SEE ORDER FOR FURTHER SPECIFICS.... cc: 02/27/01 Page(s): 5 ( Signed by Judge Terry R. Means ) (fba) (Entered: 02/27/2001)
03/30/200132 ORDER AMENDING SCHEDULE FOR SENTENCING as to Arthur Ray O'Briant, Ace Rubber Products PSI due by 4:30 5/18/01 for Arthur Ray O'Briant, for Ace Rubber Products ; Objections to PSI due by 4:30 6/1/01 for Arthur Ray O'Briant, for Ace Rubber Products ; PSI Addendum due by 4:30 6/15/01 for Arthur Ray O'Briant, for Ace Rubber Products ; Sentencing set for 9:30 7/10/01 for Arthur Ray O'Briant, for Ace Products.....SEE ORDER FOR FURTHER SPECIFICS....cc: 03/30/01 Page(s): 5 ( Signed by Judge Terry R. Means ) (fba) (Entered: 03/30/2001)
07/10/2001  Sentencing held Ace Rubber Products (2) count(s) 15 (fba) (Entered: 07/11/2001)
07/10/2001  DISMISSAL of Count(s) on Government Motion as to Ace Rubber Products Terminated motions: Counts Dismissed: Ace Rubber Products (2) count(s) 1-5, 6-11, 12-14 (fba) (Entered: 07/11/2001)
07/10/200133 Minute entry as to Ace Rubber Products : ;SENTENCING Held before Judge Terry R. Means Court Reporter: Ana Warren; Richard Roper-atty for govt; Tim Evans-ret atty for deft; Plea agreement accepted; deft is placed on probation for a term of 5 yrs; no fine; Restitution Ordered:$54,506.67; MSA $400; Counts 1-14 of the 15 count Indictment are dismissed on the motion of the United States as to this deft only; deft advised of right to appeal but deft waived right to appeal in the plea agreement. (1pg) (fba) (Entered: 07/11/2001)
07/10/200134 NOTICE of Right To Appeal Sentence Imposed After Plea of Guilty or Nolo by Ace Rubber Products (1pg) (fba) (Entered: 07/11/2001)
07/13/200138 JUDGMENT Ace Rubber Products (2) count(s) 15. Deft is hereby sentenced to a term of probation for a period of 5 yrs on count 15; Restitution in the amount of $54,506.67; MSA $400 (2pgs) , Ace Rubber Products (2) count(s) 1-5, 6 -11 , 12 -14 . Counts 1-14 of the 15-count Indictment are dismissed on the motion of the United States as to this deft only. ( Signed by Judge Terry R. Means ) (fba) (Entered: 07/13/2001)
03/15/200440 ORDER as to Ace Rubber Products Inc : the probationer is discharged from supervision and the proceedings in the case terminated. (Signed by Judge Terry R Means on 3/15/04) (wrb, ) (Entered: 03/16/2004)