ECF

U.S. District Court
Southern District of New York (Foley Square)
CRIMINAL DOCKET FOR CASE #: 1:11-cr-00095-DAB All Defendants


Case title: USA v. Martingano et al

Date Filed: 02/01/2011

Assigned to: Judge Deborah A. Batts

Defendant (1)
Andrew Martingano

Pending Counts

Disposition
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Judge Deborah A. Batts

Defendant (2)
American Pipe Bending and Fabrication Co., Inc.
also known as
American Pipe Bending and Fabrigation Co., Inc.

Pending Counts

Disposition
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byHelen Christodoulou
U.S. Department of Justice, Antitrust Division (NY)
26 Federal Plaza, Room 3630
New York, NY 10278
(212) 264-0677
Fax: (212) 264-0678
Email: helen.christodoulou@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
12/30/2010NOTICE OF INTENT TO FILE an Information by U.S.A. as to Andrew Martingano, American Pipe Bending and Fabrication Co., Inc. (dnd) (Entered: 02/04/2011)
02/01/2011  Case Designated ECF as to Andrew Martingano, American Pipe Bending and Fabrigation Co., Inc.. (jm) (Entered: 02/02/2011)
02/01/2011INFORMATION (Felony) filed as to Andrew Martingano (1) count(s) 1, American Pipe Bending and Fabrication Co., Inc. (2) count(s) 1. (dnd) (Entered: 02/04/2011)
02/01/2011  Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein:Initial Appearance as to Andrew Martingano held on 2/1/2011. Defendant present for a Rule 9 proceeding with attorney Peter Quijano. AUSA Helen Christodoulou present for the government. Agreed Bail package to include $250,000.00 PRB; 1 FRP; travel restricted to SDNY / EDNY / DNJ; surrender travel documents and no new applications; regular pretrial; defendant to be released upon signature and signature of his wife; undergo mental health treatment and refrain from any contact with witnesses or victims identified by the government except in presence of defense counsel. (dnd) (Entered: 02/04/2011)
02/01/2011WAIVER OF INDICTMENT by Andrew Martingano. (dnd) (Entered: 02/04/2011)
02/01/2011  Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein:Arraignment as to Andrew Martingano (1) Count 1. Defendant present with attorney Peter Quijano. AUSA Helen Christodoulou present for the government. Defendant arraigned and enters a plea of not guilty to Count 1 of the Information. (dnd) (Entered: 02/04/2011)
02/01/2011AGREEMENT TO FORFEIT PROPERTY (OTHER THAN REAL PROPERTY) by Andrew Martingano. Bond Information: Recognizance Bond in the amount of $ 200,000.00; 1 FRP; travel restricted to SDNY / EDNY / DNJ; surrender travel documents and no new applications; regular pretrial; defendant to be released upon signature and signature of his wife; undergo mental health treatment and refrain from any contact with witnesses or victims identified by the government except in presence of defense counsel. (dnd) (Entered: 02/04/2011)
02/01/2011ADVICE OF PENALTIES AND SANCTIONS as to Andrew Martingano. (dnd) (Entered: 02/04/2011)
02/01/2011  Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein:Initial Appearance as to American Pipe Bending and Fabrication Co., Inc. held on 2/1/2011. Attorney Lawrence Lonergan present for the defendant. AUSA Helen Christodoulou present for the government. (dnd) (Entered: 02/04/2011)
02/01/2011WAIVER OF INDICTMENT by American Pipe Bending and Fabrication Co., Inc. (dnd) (Entered: 02/04/2011)
02/01/2011  Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein:Arraignment as to American Pipe Bending and Fabrication Co., Inc. (2) Attorney Lawrence Lonergan present for the defendant. AUSA Helen Christodoulou present for the government. Arraignment held and a plea of not guilty is entered by the defendant as to Count 1 of the Information. (dnd) (Entered: 02/04/2011)
03/14/2011  Minute Entry for proceedings held before Judge Deborah A. Batts:Change of Plea Hearing as to Andrew Martingano held on 3/14/2011. Deft present with atty Lawrence Lonergan. By its atty, Defendant withdraws not guilty plea and enters a guilty plea to count one of the information as charged. Defendant Andrew Martingano plead guilty on this same date. The Final Pre-Sentence Reports shall be sent to the respective Parties and the Court by June 13, 2011 at 4:00pm. If any party is making a written submission, it must be sent to the other side and the Court by June 27, 2011 at 4:00pm. Responses must be submitted to the initiating party and the Court by July 11, 2011 at 4:00pm. The date for sentencing is set for Monday, July 25, 2011 at 11:00am. (jw) (Entered: 03/21/2011)
03/14/2011  Change of Not Guilty Plea to Guilty Plea as to Andrew Martingano (1) Count 1. (jw) (Entered: 03/21/2011)
03/14/2011  Minute Entry for proceedings held before Judge Deborah A. Batts: as to Andrew Martingano; Sentencing set for 7/25/2011 at 11:00 AM before Judge Deborah A. Batts. (jw) (Entered: 03/21/2011)
03/14/2011  Minute Entry for proceedings held before Judge Deborah A. Batts:Change of Plea Hearing as to American Pipe Bending and Fabrication Co., Inc. held on 3/14/2011. Deft with attys Peter Quijano and Nancy Lee Ennis present. Deft withdraws not guilty plea and enters a guilty plea to count one of the information as charged. Defendant American Pipe plead guilty on this same date. The Final Pre-Sentence Reports shall be sent to the respective parties and the Court by June 13, 2011 at 4:00pm. If any party is making a written submission, it must be sent to the other side and the Court by June 27, 2011 at 4:00pm. Responses must be submitted to the initiating party and the Court by July 11, 2011 at 4:00pm. The date for sentencing is set for Monday, July 25, 2011 at 11:00am. (jw) (Entered: 03/21/2011)
03/14/2011  Change of Not Guilty Plea to Guilty Plea as to American Pipe Bending and Fabrication Co., Inc. (2) Count 1. (jw) (Entered: 03/21/2011)
03/14/2011  Minute Entry for proceedings held before Judge Deborah A. Batts: Plea entered by American Pipe Bending and Fabrication Co., Inc. (2) Guilty as to Count 1. (jw) (Entered: 03/21/2011)
03/14/2011  Minute Entry for proceedings held before Judge Deborah A. Batts: as to American Pipe Bending and Fabrication Co., Inc, Sentencing set for 7/25/2011 at 11:00 AM before Judge Deborah A. Batts. (jw) (Entered: 03/21/2011)
03/15/2011PLEA AGREEMENT as to Andrew Martingano, American Pipe Bending and Fabrication Co., Inc.. (Christodoulou, Helen) (Entered: 03/15/2011)
03/18/2011  Minute Entry for proceedings held before Judge William H. Pauley, III: Plea entered by Andrew Martingano (1) Guilty as to Count 1. (jw) (Entered: 03/21/2011)
03/28/2011TRANSCRIPT of Proceedings as to Andrew Martingano, American Pipe Bending and Fabrication Co., Inc. held on 3/14/2011 before Judge Deborah A. Batts. (lnl) (Entered: 04/01/2011)
06/13/2011ENDORSED LETTER as to Andrew Martingano and American Pipe Bending and Fabrication Co., Inc. addressed to Judge Deborah A. Batts from Helen Christodoulou dated 6/9/2011 re: The Government writes to request that the Court adjourn the sentencing date of the defendants from 7/25/2011 to September 2011. ENDORSEMENT: The sentence in this matter is adjourned sine die. All deadlines are extended for 60 days. (Signed by Judge Deborah A. Batts on 6/13/2011) (ab) (Entered: 06/13/2011)
08/24/201110 ENDORSED LETTER as to Andrew Martingano addressed to Judge Deborah A. Batts from Peter Enrique Quijano dated 8/23/11 re: It is respectfully requested that Martingano's conditions of release in US v ANDREW MARTINGANO, 11 Cr. 95 (DAB) be temporarily modified in order to permit travel from Staten Island to Hershey Park, Pa., on Saturday, August 27, 2011, and return to his residence in Staten Island on Sunday, August 28, 2011...ENDORSEMENT...Granted. SO ORDERED. (Signed by Judge Deborah A. Batts on 8/24/11)(jw) (Entered: 08/24/2011)
08/25/201111 SENTENCING MEMORANDUM by USA as to Andrew Martingano, American Pipe Bending and Fabrication Co., Inc.. (Christodoulou, Helen) (Entered: 08/25/2011)
08/26/201112 SENTENCING MEMORANDUM by American Pipe Bending and Fabrication Co., Inc. as to Andrew Martingano, American Pipe Bending and Fabrication Co., Inc.. (Woods, James) (Entered: 08/26/2011)
08/26/201113 SENTENCING MEMORANDUM by Andrew Martingano. (Quijano, Peter) (Entered: 08/26/2011)
08/26/201114 SENTENCING MEMORANDUM by Andrew Martingano as to Andrew Martingano, American Pipe Bending and Fabrication Co., Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Quijano, Peter) (Entered: 08/26/2011)
09/06/201115 ENDORSED LETTER as to Andrew Martingano, American Pipe Bending and Fabrication Co., Inc., addressed to Judge Deborah A. Batts from Attorney Helen Christodoulou of Antitrust Division, U.S. Department of Justice, New York Field Office, dated September 6, 2011 re: The Government requests a 60-day extension of the scheduling calendar, including an extension of the September 9 date for responses to written sentencing submissions. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Deborah A. Batts on 9/6/2011)(bw) (Entered: 09/06/2011)
11/01/201116 ENDORSED LETTER as to Andrew Martingano, American Pipe Bending and Fabrication Co., Inc. addressed to Judge Deborah A. Batts from Helen Christodoulou dated 11/1/2011 re: The Government respectfully requests a 75-day extension of the scheduling calendar. The Government is completing its assessment of additional information provided by the victim, Consolidated Edison of New York, and requests the additional extension to provide the defendants the opportunity to consider and review this information. ENDORSEMENT: SO ORDERED. (Signed by Judge Deborah A. Batts on 11/1/2011)(dnd) (Entered: 11/01/2011)