Case title: USA v. Air Power Enterprises, Inc. et al |
Date Filed: 06/09/2005 Date Terminated: 04/03/2006 |
| Assigned to: District Judge Jerome B. Friedman Referred to: Magistrate Judge James E. Bradberry | ||
Defendant (1) |
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Air Power Enterprises, Inc.
TERMINATED: 04/03/2006 |
represented by | Patrick Hugh O'Donnell
Kaufman & Canoles PC 150 W Main St PO Box 3037 Norfolk, VA 23510 (757) 624-3305 Fax: (757) 624-3169 Email: phodonnell@kaufcan.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Ashley Nicole Bailey Crowell & Moring LLP (DC) 1001 Pennsylvania Ave NW Washington, DC 20004 (202) 624-2500 Fax: (202) 628-5116 ATTORNEY TO BE NOTICED Philip Thomas Inglima Crowell & Moring LLP 1001 Pennsylvania Ave NW Washington, DC 20004 **NA* (202) 624-2500 Fax: (202) 628-5116 ATTORNEY TO BE NOTICED |
Pending Counts |
Disposition |
|
| T.18:371 - Conspiracy to defraud the United States
by obstructing the lawful & legitimate functions of the
Environmental Protection Agency (1) |
Five (5) years probation; $400.00 special assessment; $500,000.00 fine | |
Highest Offense Level (Opening) |
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| Felony | ||
Terminated Counts |
Disposition |
|
| None | ||
Highest Offense Level (Terminated) |
||
| None | ||
Complaints |
Disposition |
|
| None |
| Assigned to: District Judge Jerome B. Friedman Referred to: Magistrate Judge James E. Bradberry | ||
Defendant (2) |
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ACS Environmental, Inc.
TERMINATED: 04/03/2006 |
represented by | Jeffrey H. Gray
Troutman Sanders LLP 222 Central Park Ave Suite 2000 Virginia Beach, VA 23462 (757) 687-7519 Fax: (757) 687-1554 Email: jeffrey.gray@troutmansanders.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Ashley Nicole Bailey Crowell & Moring LLP (DC) 1001 Pennsylvania Ave NW Washington, DC 20004 (202) 624-2500 Fax: (202) 628-5116 ATTORNEY TO BE NOTICED Philip Thomas Inglima Crowell & Moring LLP 1001 Pennsylvania Ave NW Washington, DC 20004 **NA* (202) 624-2500 Fax: (202) 628-5116 ATTORNEY TO BE NOTICED |
Pending Counts |
Disposition |
|
| T.18:371 - Conspiracy to defraud the United States
by obstructing the lawful & legitimate functions of the
Environmental Protection Agency (1) |
Five (5) years probation; $400.00 special assessment | |
Highest Offense Level (Opening) |
||
| Felony | ||
Terminated Counts |
Disposition |
|
| None | ||
Highest Offense Level (Terminated) |
||
| None | ||
Complaints |
Disposition |
|
| None |
Plaintiff |
||
| USA | represented by | Michael Smythers
United States Attorney's Office 101 W Main St Suite 8000 Norfolk, VA 23510 (757) 441-6331 Fax: (757) 441-6889 LEAD ATTORNEY ATTORNEY TO BE NOTICED Noreen McCarthy US Department of Justice 601 D St NW Room 6550 Washington, DC 20004 (202) 305-0349 Fax: (202) 514-8865 LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 06/09/2005 | 1 | CRIMINAL INFORMATION as to Air Power Enterprises, Inc. (1) count 1, ACS Environmental, Inc. (2) count 1, James Schaubach (3) count 1, Nicanor Lotuaco (4) count 1. (mnew, ) (Entered: 06/10/2005) |
| 06/22/2005 | Set/Reset Hearings as to ACS Environmental, Inc., James Schaubach: Plea Agreement Hearing set for 6/28/2005 at 2:30 p.m. before Honorable District Jerome B. Friedman (mnew, ) (Entered: 06/23/2005) | |
| 06/23/2005 | Set/Reset Hearings as to Air Power Enterprises, Inc., Nicanor Lotuaco: Plea Agreement Hearing set for 6/28/2005 at 3:30 PM before Honorable District Jerome B. Friedman. (mnew, ) (Entered: 06/23/2005) | |
| 06/28/2005 | Minute Entry for proceedings held before Judge Jerome B. Friedman : (Sue Ash, OCR) Noreen McCarthy, USDOJ, present; Preston Burton present for deft Nicanor Lotuaco; Patrick O'Donnell present for deft Air Power; deft Nicanor Lotuaco present.Initial Appearance as to Air Power Enterprises, Inc. and Nicanor Lotuaco held on 6/28/2005. (sche) (Entered: 06/29/2005) | |
| 06/28/2005 | 10 | WAIVER OF INDICTMENT by Air Power Enterprises, Inc. (sche) (Entered: 06/29/2005) |
| 06/28/2005 | Minute Entry for proceedings held before Judge Jerome B. Friedman : (Sue Ash, OCR)Plea Agreement Hearing as to Air Power Enterprises, Inc., Nicanor Lotuaco held on 6/28/2005. Plea entered by Nicanor Lotuaco (4), Guilty: Count 1 and Air Power Enterprises, Inc. (1), Guilty: Count 1. Court explained to deft that by pleading guilty right of appeal was waived, pursuant to plea agreement. Court deferred decision about acceptance or rejection of plea agreement until court considers PSR. Sentencing set for 10/12/2005 04:00 PM before Honorable District Jerome B. Friedman. $50,000.00 PR bond set for deft Nicanor Lotuaco with conditions. (sche) (Entered: 06/29/2005) | |
| 06/28/2005 | 14 | Unanimous Written Consent of the Board of Directors of Air Power Enterprises, Inc. (sche) (Entered: 06/29/2005) |
| 06/28/2005 | 15 | PLEA AGREEMENT as to Air Power Enterprises, Inc. (sche) (Entered: 06/29/2005) |
| 06/28/2005 | 16 | Statement of Facts as to Air Power Enterprises, Inc. (sche) (Entered: 06/29/2005) |
| 06/28/2005 | 17 | Sentencing Procedures Order as to Air Power Enterprises, Inc. . Signed by Judge Jerome B. Friedman on 6/28/2005. Copies dist. to counsel on 6/28/2005. (sche) (Entered: 06/29/2005) |
| 06/28/2005 | Minute Entry for proceedings held before Judge Jerome B. Friedman : (Sue Ash, OCR) Noreen McCarthy, USDOJ, present; Jeffrey Gray present for deft ACS Environmental; Philip T. Inglima present for deft James Schaubach; deft James Schaubach present.Initial Appearance as to ACS Environmental, Inc., James Schaubach held on 6/28/2005. (sche) (Entered: 06/29/2005) | |
| 06/28/2005 | 19 | WAIVER OF INDICTMENT by ACS Environmental, Inc. (sche) (Entered: 06/29/2005) |
| 06/28/2005 | Minute Entry for proceedings held before Judge Jerome B. Friedman : (Sue Ash, OCR)Plea Agreement Hearing as to ACS Environmental, Inc., James Schaubach held on 6/28/2005. Plea entered by James Schaubach (3), Guilty: Count 1 and ACS Environmental, Inc. (2), Guilty: Count 1. Court explained that by pleading guilty right of appeal was waived pursuant to plea agreement. Court defers decision about acceptance/rejection of plea agreement until court considers PSR. Sentencing set for 10/12/2005 02:30 PM before Honorable District Jerome B. Friedman. $50,000.00 PR bond set for deft James Schaubach with conditions. (sche) (Entered: 06/29/2005) | |
| 06/28/2005 | 23 | Record of Action in Writing by the Board of Directors of ACS Environmental, Inc. (sche) (Entered: 06/29/2005) |
| 06/28/2005 | 24 | PLEA AGREEMENT as to ACS Environmental, Inc. (sche) (Entered: 06/29/2005) |
| 06/28/2005 | 25 | Statement of Facts as to ACS Environmental, Inc. (sche) (Entered: 06/29/2005) |
| 06/28/2005 | 26 | Sentencing Procedures Order as to ACS Environmental, Inc. . Signed by Judge Jerome B. Friedman on 6/28/2005. Copies dist. to counsel 6/28/2005. (sche) (Entered: 06/29/2005) |
| 09/20/2005 | Set/Reset Hearings as to ACS Environmental, Inc., James Schaubach: Sentencing reset for 12/16/2005 at 9:30 a.m. before Honorable District Jerome B. Friedman. (mnew, ) (Entered: 09/20/2005) | |
| 09/20/2005 | Set/Reset Hearings as to Air Power Enterprises, Inc., Nicanor Lotuaco: Sentencing reset for 12/16/2005 at 2:30 p.m. before Honorable District Jerome B. Friedman. (mnew, ) (Entered: 09/20/2005) | |
| 12/08/2005 | 38 | NOTICE OF ATTORNEY APPEARANCE: Jeffrey H. Gray appearing for ACS Environmental, Inc. (mnew, ) (Entered: 12/09/2005) |
| 12/09/2005 | 41 | NOTICE OF ATTORNEY APPEARANCE: Philip Thomas Inglima appearing for ACS Environmental, Inc. as co-counsel (mnew, ) (Entered: 12/12/2005) |
| 12/09/2005 | 42 | NOTICE OF ATTORNEY APPEARANCE: Ashley Nicole Bailey appearing for ACS Environmental, Inc. as co-counsel (mnew, ) (Entered: 12/12/2005) |
| 12/09/2005 | 43 | Position with Respect to Sentencing Factors by ACS Environmental, Inc. (mnew, ) (Entered: 12/12/2005) |
| 12/09/2005 | 46 | NOTICE OF ATTORNEY APPEARANCE: Philip Thomas Inglima appearing for Air Power Enterprises, Inc. as co-counsel (mnew, ) (Entered: 12/12/2005) |
| 12/09/2005 | 47 | NOTICE OF ATTORNEY APPEARANCE: Ashley Nicole Bailey appearing for Air Power Enterprises, Inc. as co-counsel (mnew, ) (Entered: 12/12/2005) |
| 12/09/2005 | 48 | Position with Respect to Sentencing Factors by Air Power Enterprises, Inc. (mnew, ) (Entered: 12/12/2005) |
| 12/14/2005 | 50 | SEALED SUPPLEMENTAL Memorandum Regarding Sentencing by USA as to Air Power Enterprises, Inc., ACS Environmental, Inc., James Schaubach & Nicanor Lotuaco (mnew, ) Modified on 12/16/2005 to place under seal(mnew, ). (Entered: 12/14/2005) |
| 12/16/2005 | Terminated Sentencing Hearing set for 12/16/05 as to Air Power Enterprises, Inc., ACS Environmental, Inc., James Schaubach, Nicanor Lotuaco - to be rescheduled (mnew, ) (Entered: 12/16/2005) | |
| 12/16/2005 | 51 | ORDER directing the parties to submit a status report to the court on or before January 6, 2006 as to Air Power Enterprises, Inc., ACS Environmental, Inc., James Schaubach, Nicanor Lotuaco (Signed by Judge Jerome B. Friedman on 12/16/05) & filed on 12/16/05. cc to All counsel (mnew, ) (Entered: 12/16/2005) |
| 12/16/2005 | Set/Reset Deadlines as to Air Power Enterprises, Inc., ACS Environmental, Inc., James Schaubach, Nicanor Lotuaco: Status Report due by 1/6/2006. (mnew, ) (Entered: 12/16/2005) | |
| 01/06/2006 | 52 | STATUS REPORT by Air Power Enterprises, Inc., ACS Environmental, Inc., James Schaubach (mnew, ) (Entered: 01/09/2006) |
| 01/13/2006 | 55 | SEALED RESPONSE by James Schaubach, ACS Environmental, Inc. & Air Power Enterprises, Inc. to Government's 50 Supplemental Memorandum Regarding Sentencing (mnew, ) (Entered: 01/18/2006) |
| 01/19/2006 | 56 | SEALED NOTICE of Errata by Air Power Enterprises, Inc., ACS Environmental, Inc., & James Schaubach re 55 Sealed Response (ptom, ) (Entered: 01/20/2006) |
| 01/20/2006 | 57 | Sealed Memorandum by USA as to Air Power Enterprises, Inc., ACS Environmental, Inc., James Schaubach, Nicanor Lotuaco, received (arou) (Entered: 01/23/2006) |
| 01/27/2006 | Set/Reset Hearings as to Air Power Enterprises, Inc., ACS Environmental, Inc., James Schaubach: Sentencing reset for 3/15/2006 at 9:30 AM before District Judge Jerome B. Friedman. (mnew, ) (Entered: 01/27/2006) | |
| 02/28/2006 | Terminated 3/15/06 sentencing Hearing as to Air Power Enterprises, Inc., ACS Environmental, Inc., James Schaubach (mnew, ) (Entered: 02/28/2006) | |
| 02/28/2006 | Set/Reset Hearings as to Air Power Enterprises, Inc., ACS Environmental, Inc., James Schaubach: Sentencing reset for 3/30/2006 at 9:30 AM before District Judge Jerome B. Friedman. (mnew, ) (Entered: 02/28/2006) | |
| 02/28/2006 | TELEPHONE CONFERENCE proceedings held before Judge Jerome B. Friedman :Telephone Conference as to Air Power Enterprises, Inc., ACS Environmental, Inc., James Schaubach held on 2/28/2006. Present on phone: Noreen McCarthy, Mark Exley, Patrick O'Donnell, Jeff Gray, and Philip Inglima. (Court Reporter Gloria Smith, OCR.) (sche) (Entered: 02/28/2006) | |
| 03/21/2006 | 62 | MOTION to Quash and Stay Compliance with Rule 17(C) Subpoenas by Air Power Enterprises, Inc., ACS Environmental, Inc., James Schaubach. (mnew, ) (Entered: 03/22/2006) |
| 03/21/2006 | 63 | Memorandum of Points & Authorities in Support by Air Power Enterprises, Inc., ACS Environmental, Inc., James Schaubach re 62 MOTION to Quash and Stay Compliance with Rule 17(C) Subpoenas (mnew, ) (Entered: 03/22/2006) |
| 03/24/2006 | 64 | TRANSCRIPT of Proceedings (Telephone Conference Call) as to Air Power Enterprises, Inc., ACS Environmental, Inc., James Schaubach, Nicanor Lotuaco held on February 28, 2006, before Judge Jerome B. Friedman. Court Reporter: Gloria S. Smith, OCR. (kgri, ) (Entered: 03/24/2006) |
| 03/24/2006 | 65 | United States' Response to 62 Motion of Defendants Air Power Enterprises, Inc., ACS Environmental, Inc., and James Schaubach to Quash and Stay Compliance with Rule 17(c) Subpoena FILED UNDER SEAL. (kgri, ) Modified on 4/3/2006 to add sealed notation (mnew,). (Entered: 03/24/2006) |
| 03/27/2006 | SEALED EXHIBIT LIST by USA as to Air Power Enterprises, Inc., ACS Environmental, Inc., James Schaubach (ptom, ) (Entered: 03/27/2006) | |
| 03/27/2006 | 66 | STATUS REPORT by USA as to Air Power Enterprises, Inc., ACS Environmental, Inc., James Schaubach. (kgri, ) (Entered: 03/27/2006) |
| 03/28/2006 | 67 | Defendants Air Power Enterprises, Inc., ACS Environmental, Inc., and James Schaubach's Second Status Report. (kgri, ) (Entered: 03/28/2006) |
| 03/29/2006 | 68 | DESIGNATION OF HEARING EXHIBITS by Air Power Enterprises, Inc., ACS Environmental, Inc., James Schaubach (mnew, ) (Entered: 03/29/2006) |
| 03/30/2006 | SENTENCING proceedings held before Judge Jerome B. Friedman : Sue Ash, OCR. Noreen McCarthy, USDOJ, and Mark Exley, AUSA, present on behalf of USA; Philip Inglima, Ashley Bailey, Patrick O'Donnell, and Jeffrey Gray present on behalf of defendant Schaubach and defendant corporations. Court accepts plea agreement on behalf of deft Schaubach and defendant corporations. Court heard arguments on motion for downward departure from criminal history category filed on behalf of deft Schaubach and denied the motion.Sentencing held on 3/30/2006 for Air Power Enterprises, Inc. (1) - Count 1: Five (5) years probation with conditions; $400.00 special assessment; $500,000.00 fine; ACS Environmental, Inc. (2) - Count 1: Five (5) years probation with conditions; $400.00 special assessment; James Schaubach (3)- Count 1: Twenty-One (21) months imprisonment, deft to surrender for service of sentence at 2:00 p.m. on 4/28/2006; Three (3) years supervised release with conditions; $100.00 special assessment; $1,500,000.00 fine. Defendant and Defendant Corporations notified of right of appeal. Defendant Schaubach continued on bond until surrender date. Court adjourned. (sche) (Entered: 03/31/2006) | |
| 03/30/2006 | 69 | DISCLOSURE STATEMENT by Air Power Enterprises, Inc., filed in open court. (sche ) (Entered: 03/31/2006) |
| 04/03/2006 | 70 | JUDGMENT as to Air Power Enterprises, Inc. (1), Count 1, Five (5) years Probation; $400.00 Special Assessment; $500,000.00 Fine (Signed by Judge Jerome B. Friedman on 4/3/06) & filed on 4/3/06. Copies mailed (mnew, ) (Entered: 04/04/2006) |
| 04/03/2006 | 71 | JUDGMENT as to ACS Environmental, Inc. (2), Count 1, Five (5) years Probation; $400.00 Special Assessment (Signed by Judge Jerome B. Friedman on 4/3/06) & filed on 4/3/06. Copies mailed (mnew, ) (Entered: 04/04/2006) |
| 06/06/2006 | 74 | Waiver of Hearing to modify conditions of probation - modified as follows: "As directed by the probation officer, the defendant corporation shall pay the fine in the amount of $50,000 per month until paid in full. The payments will be due by the 30th of each month, beginning in June of 2006" as to Air Power Enterprises, Inc. 3 cc P.O., 1 cc AUSA & Counsel for dft. (mnew, ) (Entered: 06/06/2006) |
| 09/11/2006 | 75 | Waiver of Hearing to modify conditions of probation as to Air Power Enterprises, Inc. - modified as follows: "As directed by the probation officer, the defendant corporation shall pay the fine in the amount of $10,000.00 per month until paid in full. The payments will be due by the 30th of each month, beginning in September of 2006". (signed by Judge Jerome B. Friedman on 9/11/06) & filed on 9/11/06. Copies mailed. (mnew) (Entered: 09/12/2006) |
| 10/03/2006 | 76 | TRANSCRIPT of Telephonic Proceedings (Status Conference) held on 12/15/05 In Chambers before Judge Jerome B. Friedman as to Air Power Enterprises, Inc., ACS Environmental, Inc., James Schaubach, Nicanor Lotuaco. Court Reporter: Paul L. McManus, OCR. (mnew) (Entered: 10/04/2006) |
| 10/04/2006 | 77 | TRANSCRIPT of Sentencing Proceedings held on March 30, 2006 before Judge Jerome B. Friedman as to Air Power Enterprises, Inc., ACS Environmental, Inc. & James Schaubach. Court Reporter: Susanne V. Ash, OCR. (mnew) (Entered: 10/04/2006) |
| 03/21/2008 | 79 | REPORT AND ORDER Terminating Probation Prior to Original Expiration Date as to ACS Environmental, Inc. (Signed by Judge District Judge Jerome B. Friedman on 3/20/08) & filed on 3/21/08. Copies distributed. (mnew) (Entered: 03/21/2008) |
| 05/09/2008 | 80 | REPORT AND ORDER Terminating Probation Prior to Original Expiration Date as to Air Power Enterprises, Inc. (Signed by District Judge Jerome B. Friedman on 5/9/08) & filed on 5/9/08. Copies to P.O. & AUSA. (mnew) (Entered: 05/09/2008) |