USA v. Aggregate Industries-Northeast Region, Inc.

CLOSED

United States District Court
District of Massachusetts (Boston)
CRIMINAL DOCKET FOR CASE #: 1:07-cr-10242-JLT-1

Case title: USA v. Aggregate Industries-Northeast Region, Inc.

Date Filed: 07/27/2007
Date Terminated: 09/19/2007

Assigned to: Judge Joseph L. Tauro
Defendant (1)
Aggregate Industries-Northeast Region, Inc. TERMINATED: 09/19/2007 formerly known as Bardon Trimount TERMINATED: 09/19/2007	represented by	R. Robert Popeo Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, PC One Financial Center Boston, MA 02111 617-542-6000 Fax: 617-348-4745 Email: rrpopeo@mintz.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Benjamin B Tymann Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, PC One Financial Center Boston, MA 02111 617-542-6000 Fax: 617-542-6000 Email: bbtymann@mintz.com ATTORNEY TO BE NOTICED Designation: Retained Tracy A. Miner Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, PC One Financial Center Boston, MA 02111 617-542-6000 Fax: 617-542-2241 Email: tminer@mintz.com ATTORNEY TO BE NOTICED Designation: Retained
Pending Counts		Disposition
18:286...CONSPIRACY TO DEFRAUD THE GOVERNMENT WITH RESPECT TO CLAIMS (1)		Criminal fine of $7,280,000. to be paid within one week of the date of the entry of Judgment; Special Assessment fee of $400; Pay $42,720,000 plus interest as directed in the Civil Settlement Agreement; Divest itself of its Boston based asphalt within 180 days from the entry of Judgment; Employ at Defendant's expense an in-house monitor for a period of five years from the entry of Defendant's plea or until all monies due and owing pursuant to the terms of the plea agreement are paid, but in no event shall the period of monitorship be less than three years from the entry of Defendant's plea; this monitor will be employed consistent with the terms of the FHWA settlement agreemen; Implement a new Corporate Integrity Agreement designed to prevent future violations of the law and to institute a new corporate culture aimed at compliance with state and federal regulations consistent with the terms of the FHWA settlement agreement; In consideration of the Civil Settlement Agreement, the Defendant organization is not required to pay a separate amount in restitution.
Highest Offense Level (Opening)
Felony
Terminated Counts		Disposition
None
Highest Offense Level (Terminated)
None
Complaints		Disposition
None

Plaintiff
USA	represented by	Anthony E. Fuller United States Attorney's Office 1 Courthouse Way Boston, MA 02210 617-748-3100 Email: anthony.fuller@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Fred M. Wyshak , Jr. United States Attorney's Office John Joseph Moakley Federal Courthouse 1 Courthouse Way Suite 9200 Boston, MA 02210 617-748-3201 Fax: 617-748-3954 Email: Fred.Wyshak@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey Mark Cohen United States Attorney's Office Suite 9200 1 Courthouse Way Boston, MA 02210 617-748-3626 Fax: 617-748-3969 Email: jeffrey.cohen@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed	#	Docket Text
07/27/2007	1	INFORMATION (Felony) as to Aggregate Industries-Northeast Region, Inc. (1) count(s) 1. (Attachments: # 1 js45)(Smith3, Dianne) Modified on 7/30/2007 (Abaid, Kimberly). (Entered: 07/27/2007)
07/27/2007		Attorney update in case as to Aggregate Industries-Northeast Region, Inc.. Attorney R. Robert Popeo for Aggregate Industries-Northeast Region, Inc. added. (Abaid, Kimberly) (Entered: 07/30/2007)
07/30/2007		ELECTRONIC NOTICE OF HEARING as to Aggregate Industries-Northeast Region, Inc.Plea Hearing set for 8/20/2007 10:00 AM in Courtroom 20 before Judge Joseph L. Tauro. (Lovett, Zita) (Entered: 07/30/2007)
08/02/2007		ELECTRONIC NOTICE OF RESCHEDULING as to Aggregate Industries-Northeast Region, Inc. Change of Plea Hearing set for 8/27/2007 10:00 AM in Courtroom 20 before Judge Joseph L. Tauro. (the hearing set for 8/20/2007 is canceled).(Lovett, Zita) (Entered: 08/02/2007)
08/22/2007		Electronic Clerk Notes for proceedings held before Judge Joseph L. Tauro : Change of Plea Hearing as to Aggregate Industries-Northeast Region, Inc. held on 8/22/2007, Plea entered by Aggregate Industries-Northeast Region, Inc. (1) Guilty Count 1. Waiver of Indictment and Plea Agreement filed in open court. (Court Reporter Carol L. Scott.) (Abaid, Kimberly) (Entered: 08/27/2007)
08/24/2007	2	NOTICE OF ATTORNEY APPEARANCE: Tracy A. Miner appearing for Aggregate Industries-Northeast Region, Inc. (Miner, Tracy) (Entered: 08/24/2007)
08/24/2007	3	NOTICE OF ATTORNEY APPEARANCE: Benjamin B Tymann appearing for Aggregate Industries-Northeast Region, Inc. (Tymann, Benjamin) (Entered: 08/24/2007)
08/27/2007	4	WAIVER OF INDICTMENT by Aggregate Industries-Northeast Region, Inc. (Abaid, Kimberly) (Entered: 08/27/2007)
08/27/2007	5	PLEA AGREEMENT as to Aggregate Industries-Northeast Region, Inc. (Abaid, Kimberly) (Entered: 08/27/2007)
08/27/2007		Electronic Clerk Notes for proceedings held before Judge Joseph L. Tauro : Plea and Sentence Hearing held on 8/27/2007 Aggregate Industries-Northeast Region, Inc. Waiver of Indictment filed; Plea to Information and Sentencing hearing held; Order to issue... (Court Reporter Carol Scott.) (Lovett, Zita) Modified on 9/6/2007 (Abaid, Kimberly). (Entered: 09/05/2007)
09/04/2007	8	SENTENCING MEMORANDUM by USA as to Aggregate Industries-Northeast Region, Inc. (Cohen, Jeffrey) (Entered: 09/04/2007)
09/18/2007		Case Terminated as to Aggregate Industries-Northeast Region, Inc. (Abaid, Kimberly) (Entered: 09/20/2007)
09/19/2007	9	Judge Joseph L. Tauro : ORDER entered. JUDGMENT as to Aggregate Industries-Northeast Region, Inc. (1), Count(s) 1, Criminal fine of $7,280,000. to be paid within one week of the date of the entry of Judgment; Special Assessment fee of $400; Pay $42,720,000 plus interest as directed in the Civil Settlement Agreement; Divest itself of its Boston based asphalt within 180 days from the entry of Judgment; Employ at Defendant's expense an in-house monitor for a period of five years from the entry of Defendant's plea or until all monies due and owing pursuant to the terms of the plea agreement are paid, but in no event shall the period of monitorship be less than three years from the entry of Defendant's plea; this monitor will be employed consistent with the terms of the FHWA settlement agreement; Implement a new Corporate Integrity Agreement designed to prevent future violations of the law and to institute a new corporate culture aimed at compliance with state and federal regulations consistent with the terms of the FHWA settlement agreement; In consideration of the Civil Settlement Agreement, the Defendant organization is not required to pay a separate amount in restitution. (Attachments: # 4 Exhibit 3) (Abaid, Kimberly) (Entered: 09/20/2007)