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 byR. 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 byAnthony 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
07/27/20071INFORMATION (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)
08/24/20072NOTICE OF ATTORNEY APPEARANCE: Tracy A. Miner appearing for Aggregate Industries-Northeast Region, Inc. (Miner, Tracy) (Entered: 08/24/2007)
08/24/20073NOTICE OF ATTORNEY APPEARANCE: Benjamin B Tymann appearing for Aggregate Industries-Northeast Region, Inc. (Tymann, Benjamin) (Entered: 08/24/2007)
08/27/20074WAIVER OF INDICTMENT by Aggregate Industries-Northeast Region, Inc. (Abaid, Kimberly) (Entered: 08/27/2007)
08/27/20075PLEA 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)
09/04/20078SENTENCING 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)
09/19/20079Judge 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)