51AD

U.S. District Court
Western District of Tennessee (Memphis)
CRIMINAL DOCKET FOR CASE #: 2:03-cr-20433-JDB-2


Case title: USA v. Kindness, et al

Date Filed: 11/19/2003
Date Terminated: 09/29/2006

Assigned to: Judge J. Daniel Breen

Defendant (2)
Amscot Medical labs, Inc. (A Corporation)
TERMINATED: 09/29/2006
represented byCandace C. Crouse
SIRKIN PINALES & SCHWARTZ
105 West Fourth Street
Suite 920
Cincinnati, OH 45202-2776
513-721-4876
Email: ccrouse@sirkinpinales.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

H. Lewis Sirkin
SIRKIN PINALES MEZIBOV & SCHWARTZ
105 W. 4th Street
Ste. 920
Cincinnati, OH 45202
513-721-4876
Fax: 513-721-0876
Email: lsirkin@sirkinpinales.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Martin S. Pinales
105 West Fourth Street
Ste. 920
Cincinnati, OH 45202
513-721-4876
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Pending Counts

Disposition
21:331B.F ADULTERATION OR MISBRANDING OF ANY FOOD, DRUG
(11)
1 Year Probation; $388,498 Fine; $100 Restitution.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
Dismissed
21:331B.F ADULTERATION OR MISBRANDING OF ANY FOOD, DRUG
(2-10)
Dismissed
21:331B.F and 333(a)(2) and 18 U.S.C 2 ADULTERATION OR MISBRANDING OF ANY FOOD, DRUG
(12-21)
Dismissed

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byJoseph C Murphy , Jr
U.S. ATTORNEY'S OFFICE
Federal Building
167 N. Main St.
Ste. 800
Memphis, TN 38103
901-544-4231
Email: joe.murphy@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
11/19/2003INDICTMENT by USA Counts filed against George Kindness (1) count(s) 1, 2-11, 12-21, Amscot Medical Lab (2) count(s) 1, 2-11, 12-21 (Former Emp) (Entered: 11/21/2003)
11/19/2003MOTION by USA as to George Kindness, Amscot Medical Lab of the US to file indictment under seal (Former Emp) (Entered: 11/21/2003)
11/19/2003ORDER by Mag Judge Tu M. Pham granting motion of the US to file indictment under seal [2-1] (cc: all counsel) (Former Emp) (Entered: 11/21/2003)
12/15/2003ORDER Of RUle 40 Transfer from Southern District of Ohio Western Division as to George Kindness; Indictment, Warrant for arrest, Criminal Minutes, Waiver of Rule 40 Hearings, and Appearance Bond(cc: all counsel) (Former Emp) (Entered: 12/15/2003)
01/27/2004SETTING LETTER ; arraignment set for 9:30 2/11/04 for George Kindness before Mag Judge James H. Allen (CCP) (Entered: 01/28/2004)
02/11/200411 ENTRY OF APPEARANCE for defendant George Kindness, defendant Amscot Medical Lab by Attorney Martin S. Pinales (CCP) (Entered: 02/12/2004)
02/11/200412 ORDER by Judge J. D. Breen granted entry of appearance re [11-1] (cc: all counsel) (CCP) (Entered: 02/12/2004)
02/13/200414 SETTING LETTER report date set for 9:30 2/23/04 for George Kindness (CCP) (Entered: 02/17/2004)
02/18/200416 WAIVER OF APPERANCE AT NON-EVIDENTIARY PRE-TRIAL HEARING by defendant Amscot Medical Lab (CCP) (Entered: 02/19/2004)
02/18/200417 MOTION as to George Kindness, Amscot Medical Lab to continuance of conference and trial ; conference set for 2/23/04 and trial set for 3/1/04 (CCP) (Entered: 02/19/2004)
02/23/200418 ORDER by Judge J. D. Breen granting defendants' motion to continuance of conference and trial [17-1] (cc: all counsel) (CCP) (Entered: 02/24/2004)
03/08/200419 ORDER DENYING DEFENDANTS' WAIVERS OF APPEARANCE by Judge J. D. Breen denying waiver [16-1], denying waiver [15-1] (cc: all counsel) (CCP) (Entered: 03/08/2004)
03/11/200420 ENTRY OF APPEARANCE for defendant George Kindness, defendant Amscot Medical Lab by Attorney Candace C. Crouse (CCP) (Entered: 03/12/2004)
03/11/200421 REQUEST by defendant George Kindness, defendant Amscot Medical Lab for discovery and inspection (CCP) (Entered: 03/12/2004)
03/11/200422 MOTION as to George Kindness, Amscot Medical Lab for permission to file additional motions after receipt of discovery (CCP) (Entered: 03/12/2004)
03/11/200423 MOTION as to George Kindness, Amscot Medical Lab for a bill of particulars specifying the nature of the offenses charged and the nature of Defendants' conduct which is alleged to constitute to constitute the offenses (CCP) (Entered: 03/12/2004)
03/11/2004  PRO HAC VICE FEE PAID: in the amount of $ 100.00 receipt # M86978 (CCP) (Entered: 03/12/2004)
03/11/200424 MOTION as to George Kindness, Amscot Medical Lab for admission attorney Candace C. Crouse to appear pro hac vice (CCP) (Entered: 03/12/2004)
03/15/200425 ORDER by Judge J. D. Breen referring to Mag Judge Diane K. Vescovo the motion for a bill of particulars [23-1]; any objections to magistrate judge's order shall be made w/in 10 days after service of the order (cc: all counsel) (JAE) (Entered: 03/15/2004)
03/15/200426 ORDER by Judge J. D. Breen granting motion for admission attorney Candace C. Crouse to appear pro hac vice [24-1] (cc: all counsel) (CCP) (Entered: 03/15/2004)
03/16/200427 ORDER by Judge J. D. Breen granting defendants motion for permission to file additional motions after receipt of discovery (cc: all counsel) (CCP) (Entered: 03/16/2004)
03/22/200428 RESPONSE OF THE UNITED STATES TO DEFENDANTS' MOTION FOR BILL OF PARTICULARS by plaintiff USA (CCP) (Entered: 03/23/2004)
03/22/200430 WAIVER OF APPEARANCE AT NON-EVIDENTIARY PRE-TRIAL HEARINGS by defendant Amscot Medical Lab (CCP) (Entered: 03/23/2004)
03/23/200432 ORDER by Judge J. D. Breen granting defendants' motion for waiver of appearance at non-evidentiary pre-trial hearings [29-1] all counsel) (CCP) (Entered: 03/23/2004)
03/23/200433 SETTING LETTER report date set for 9:30 3/29/04 for George Kindness, for Amscot Medical Lab (CCP) (Entered: 03/24/2004)
03/29/200434 ORDER by Mag Judge Diane K. Vescovo denying defendants' motion for a bill of particulars [23-1] (cc: all counsel) (CCP) (Entered: 03/30/2004)
03/29/200435 MINUTES: Before Judge J. D. Breen report date held on 3/29/04 report date set for 9:30 5/24/04 for George Kindness, for Amscot Medical Lab ; jury trial set for 6/7/04 for George Kindness, for Amscot Medical Lab , ON EXCLUDABLE DELAY as to defendant George Kindness, defendant Amscot Medical Lab XT 3/29/04-6/18/04 AUSA: J. Murphy Dft Atty: H.L. Sirkin C/R: Mark Dodson (CCP) (Entered: 04/01/2004)
04/05/200436 ORDER ON CONTINUANCE AND SPECIFYING PERIOD OF EXCLUDABLE DELAY by Judge J. D. Breen report date set for 9:30 5/24/04 for George Kindness, for Amscot Medical Lab ; jury trial set for 6/7/04 for George Kindness, for Amscot Medical Lab as to George Kindness, Amscot Medical Lab , ON EXCLUDABLE DELAY as to defendant George Kindness, defendant Amscot Medical Lab period of excludable time from 4/16/04 to 6/18/04 (cc: all counsel) (CCP) (Entered: 04/06/2004)
05/03/200437 RULE 16 Discovery Request/Response by USA as to George Kindness d/b/a Amscot Medical Labs, Inc. (CCP) (Entered: 05/04/2004)
05/24/200438 MINUTES: Before Judge J. D. Breen report date held on 5/24/04 report date set for 9:30 7/26/04 for George Kindness, for Amscot Medical Lab AUSA: J. Murphy Dft Atty: Kemper Durand C/R: Mark Dodson (CCP) (Entered: 05/28/2004)
06/02/200439 ORDER TO CONTINUE - Ends of Justice as to George Kindness, Amscot Medical labs, Inc. (A Corporation) Time excluded from 6/18/04 until 8/13/04. Report Date set for 7/26/04 at 9:30 Jury Trial set for 8/2/2004 09:00 AM before J. Daniel Breen.. Signed by Judge J. Daniel Breen. (ccp, ) (Entered: 06/04/2004)
06/21/200440 Rule 16 Discovery Request/Response by USA as to George Kindness, Amscot Medical labs, Inc. (A Corporation) (ccp, ) (Entered: 06/22/2004)
07/19/200441  MOTION to Continue Report date (currently set for 7/29/04) and Trial date (currently set for 8/2/04) by George Kindness, Amscot Medical labs, Inc. (A Corporation). (jae, ) (Entered: 07/19/2004)
07/19/200442 ORDER granting 41 Motion to Continue as to George Kindness (1), Amscot Medical labs, Inc. (A Corporation) (2) with time excluded under the Speedy Trial Act to allow dft add'l time to prepare. Signed by Judge J. Daniel Breen. (jae, ) (Entered: 07/19/2004)
08/06/200443 SETTING LETTER as to George Kindness, Amscot Medical labs, Inc. (A Corporation) Report Date set for 8/30/2004 09:30 AM in Courtroom 1 - Memphis before J. Daniel Breen. (jae, ) (Entered: 08/09/2004)
08/30/200444 Minute Entry for proceedings held before Judge J. Daniel Breen :Report Date as to George Kindness, Amscot Medical labs, Inc. (A Corporation) held on 8/30/2004. Time excluded thru 12/17/04. Jury Trial (6-8 days) set for 12/6/2004 09:00 AM before J. Daniel Breen. (Court Reporter M. Dodson. AUSA-J. Murphy. Dft Atty-K. Durand for H. Sirkin.) (jae, ) (Entered: 09/02/2004)
09/10/200445 ORDER TO CONTINUE AND SPECIFYING PERIOD OF EXCLUDABLE DELAY AND SETTING as to George Kindness, Amscot Medical labs, Inc. (A Corporation). Court granted dfts add'l time to prepare Time excluded from 9/17/04 until 12/17/04. Jury Trial REset for 12/6/2004 09:30 AM before J. Daniel Breen. Signed by Judge J. Daniel Breen. (jae, ) (Entered: 09/13/2004)
09/14/200446 Minute Entry for proceedings held before Judge J. Daniel Breen : TelephoneStatus Conference as to George Kindness, Amscot Medical labs, Inc. (A Corporation) held on 9/14/2004. Jury Trial set for 2/7/2005 09:30 AM before J. Daniel Breen. Pretrial motions hearing set for 1/27/2005 09:30 AM before J. Daniel Breen. Time thru 2/18/05 excluded.(Court Reporter M. Dodson. AUSA-J. Murphy. Dft Atty-C. Crouse. L. Sirkin.) (jae, ) (Entered: 09/15/2004)
09/15/200447 SCHEDULING ORDER as to George Kindness, Amscot Medical labs, Inc. (A Corporation) Jury Trial set for 2/7/2005 09:30 AM before J. Daniel Breen. Pretrial Conference/motion hearing set for 1/27/2005 09:30 AM before J. Daniel Breen. Time excluded 9/14/04 thru 2/7/05 for add'l time to prepare. Signed by Judge J. Daniel Breen. (jae, ) (Entered: 09/15/2004)
10/06/200448 Rule 16 Discovery Response by USA as to George Kindness, Amscot Medical labs, Inc. (A Corporation) (jae, ) (Entered: 10/06/2004)
01/18/200550 First MOTION in Limine for Court to enter an Order barring dfts from introducing any evidence at trial that cancer treatments refered to in the indictment work or are otherwise effective cancer treatmentsby USA as to George Kindness, Amscot Medical labs, Inc. (A Corporation) and MEMORANDUM OF LAW AND FACTS IN SUPPORT THEREOF. (jae, ) (Entered: 01/18/2005)
01/18/200551 SECOND MOTION in Limine for order barring dfts from introducting any evidence at trial that attack upon FDA's regulatory process for new drugs and treatmentsby USA as to George Kindness, Amscot Medical labs, Inc. (A Corporation) AND MEMORANDUM OF LAW AND FACTS IN SUPPORT THEREOF. (jae, ) (Entered: 01/18/2005)
01/18/200552  MOTION in Limine To Preclude Other Acts Evidence by George Kindness, Amscot Medical labs, Inc. (A Corporation). (jae, ) (Entered: 01/19/2005)
01/24/200553  MOTION to Continue Trial by George Kindness, Amscot Medical labs, Inc. (A Corporation). (jae, ) (Entered: 01/24/2005)
01/26/200554 ORDER TO CONTINUE AND SPECIFYING PERIOD OF EXCLUDABLE DELAY AND SETTING as to George Kindness, Amscot Medical labs, Inc. (A Corporation). Court granted dfts' request for add'l time to prepare. Time excluded from 2/7/05 until 3/17/05. Jury Trial REset for 3/7/2005 09:00 AM before J. Daniel Breen. Report Date REset for 2/28/2005 09:30 AM in Courtroom 1 - Memphis before J. Daniel Breen. Signed by Judge J. Daniel Breen. (jae, ) (Entered: 01/26/2005)
02/28/200555 Minute Entry for proceedings held before Judge J. Daniel Breen :Report Date as to George Kindness, Amscot Medical labs, Inc. (A Corporation) held on 2/28/2005. Court granted dfts' request for add'l time to prepare. Time thru 4/15/05 excluded. Jury Trial REset for 4/4/2005 09:00 AM before J. Daniel Breen. Report Date REset for 3/28/2005 09:30 AM before J. Daniel Breen. (Court Reporter Mark Dodson. Attys-Murphy, Sirkin, Crouse..) (jae, ) (Entered: 03/01/2005)
03/28/200557 Minute Entry for proceedings held before Judge J. Daniel Breen :Report Date as to George Kindness, Amscot Medical labs, Inc. (A Corporation) held on 3/28/2005. Court granted dft's request for add'l time to prepare. Jury Trial REset for 6/6/2005 09:00 AM before J. Daniel Breen. Report Date REset for 5/31/2005 09:30 AM before J. Daniel Breen. (Court Reporter M. Dodson. Attys-Murphy, Sirkin, Crouse by Durand.) (jae, ) (Entered: 03/30/2005)
03/30/200558 ORDER TO CONTINUE AND SPECIFYING PERIOD OF EXCLUDABLE DELAY AND SETTING as to George Kindness, Amscot Medical labs, Inc. (A Corporation). Court granted dft's add'l time to prepare. Time excluded from 4/15/05 until 6/17/05. Jury Trial REset for 6/6/2005 09:00 AM before J. Daniel Breen. Report Date REset for 5/31/2005 09:30 AM before J. Daniel Breen.Signed by Judge J. Daniel Breen. (jae, ) (Entered: 03/31/2005)
03/31/200559 NOTICE OF FILING OF CONFLICT WAIVER by George Kindness, Amscot Medical labs, Inc. (A Corporation) (jae, ) (Entered: 04/04/2005)
05/25/200560 ORDER ON CONTINUANCE AND SPECIFYING PERIOD OF EXCLUDABLE DELAY AND SETTING as to George Kindness, Amscot Medical labs, Inc. (A Corporation) Time excluded from 6/17/2005 until 7/15/2005. Change of Plea Hearing set for 7/5/2005 09:00 AM before J. Daniel Breen.. Signed by Judge J. Daniel Breen. (ehg, ) (Entered: 05/25/2005)
06/03/200561  MOTION for Continuance of Plea Hearing by George Kindness, Amscot Medical labs, Inc. (A Corporation). (ehg, ) (Entered: 06/06/2005)
06/06/200562 ORDER OF COURT..granting 61 Motion to Continue as to George Kindness (1), Amscot Medical labs, Inc. (A Corporation) (2). Plea hrg reset to 7/6/2005 @ 1:15 p.m.. Signed by Judge J. Daniel Breen. (ehg, ) (Entered: 06/07/2005)
06/06/2005  Set/Reset Hearings as to George Kindness, Amscot Medical labs, Inc. (A Corporation): Change of Plea Hearing set for 7/6/2005 01:15 PM before J. Daniel Breen. (ehg, ) (Entered: 06/07/2005)
07/06/200563 Minute Entry for proceedings held before Judge J. Daniel Breen :Change of Plea Hearing as to George Kindness, Amscot Medical labs, Inc. (A Corporation) held on 7/6/2005, Plea entered by George Kindness (1) Guilty Count 11 and Amscot Medical labs, Inc. (A Corporation) (2) Guilty Count 11. Remaining counts to be dismissed: 1-10, 12-21. Guilty Plea accepted. Sentencing set for 10/6/2005 01:30 PM before J. Daniel Breen. Exhibit A attached to Plea Agreement.(Court Reporter M. Dodson.) (ehg, ) (Entered: 07/07/2005)
07/06/200564 PLEA AGREEMENT as to George Kindness, Amscot Medical labs, Inc. (A Corporation) (ehg, ) (Entered: 07/07/2005)
07/07/200565 ORDER ON CHANGE OF PLEA AND SETTING as to George Kindness, Amscot Medical labs, Inc. (A Corporation)..dfts entered a plea of guilty to count 1 of the indictment. Sentencing set for 10/6/2005 @ 1:30 p.m.. Signed by Judge J. Daniel Breen. (ehg, ) (Entered: 07/07/2005)
09/21/200566  MOTION for Continuance of Sentencing Hearing (set for 10/6/2005) by George Kindness, Amscot Medical labs, Inc. (A Corporation). (ehg, ) (Entered: 09/22/2005)
09/22/200567 SETTING LETTER as to George Kindness, Amscot Medical labs, Inc. (A Corporation) Sentencing set for 11/29/2005 01:30 PM before J. Daniel Breen. (ehg, ) (Entered: 09/23/2005)
10/20/200568 POSITION OF THE UNITED STATES WITH RESPECT TO SENTENCING FACTORS by USA as to Amscot Medical labs, Inc. (A Corporation) (ehg, ) (Entered: 10/20/2005)
11/21/200570  MOTION to Continue Sentencingby USA as to George Kindness, Amscot Medical labs, Inc. (A Corporation). (ehg, ) (Entered: 11/22/2005)
11/22/200571 ORDER..granting 70 Motion to Continue Sentencing Hrg as to George Kindness (1), Amscot Medical labs, Inc. (A Corporation) (2). Sentencing reset to 3/29/2006 @ 1:30 p.m.. Signed by Judge J. Daniel Breen. (ehg, ) (Entered: 11/22/2005)
11/22/2005  Set/Reset Hearings as to George Kindness, Amscot Medical labs, Inc. (A Corporation): Sentencing set for 3/29/2006 01:30 PM before J. Daniel Breen. (ehg, ) (Entered: 11/22/2005)
03/23/200672  MOTION to Continue Sentencing by USA as to George Kindness, Amscot Medical labs, Inc. (A Corporation). (Murphy, Joseph) (Entered: 03/23/2006)
03/23/200673 ORDER GRANTING 72 MOTION to Continue filed by USA as to George Kindness, Amscot Medical labs, Inc. (A Corporation). Sentencing re-set for 9/28/2006 01:30 PM in Courtroom 1 - Memphis before J. Daniel Breen. Signed by Judge J. Daniel Breen on 3/23/06. (Breen, J.) (Entered: 03/23/2006)
09/28/200675 Minute Entry for proceedings held before Judge J. Daniel Breen :Sentencing held on 9/28/2006 for Amscot Medical labs, Inc. (A Corporation) (2), Count 1, 2-10, 12-21, Dismissed; Count 11, 1 Year Probation; $388,498 Fine; $100 Restitution. Present: J. Murphy, H.L. Sirkin, USPO: A. Hughey (Court Reporter M. Dodson.) (tpe, ) (Entered: 09/28/2006)
09/29/200678 JUDGMENT as to Amscot Medical labs, Inc. (A Corporation) (2), Counts 1, 2-10, 12-21, Dismissed; Count 11, 1 Year Probation; $388,498 Fine; $100 Restitution. Signed by Judge J. Daniel Breen on 9/29/06. (Breen, J.) (Entered: 09/29/2006)
09/29/200679 REDACTED JUDGMENT as to Amscot Medical labs, Inc. (A Corporation) (2), Counts 1, 2-10, 12-21, Dismissed; Count 11, 1 Year Probation; $388,498 Fine; $100 Restitution. Signed by Judge J. Daniel Breen on 9/29/06. (Breen, J.) (Entered: 09/29/2006)
11/07/200683 JUDICIAL TRANSCRIPT (Unredacted) of Change of Plea Proceedings as to George Kindness, Amscot Medical labs, Inc. (A Corporation) held on July 6, 2005 before Judge J. Daniel Breen. Court Reporter: Mark S. Dodson. THE ELECTRONIC COPY OF THIS DOCUMENT IS FOR COURT USE ONLY. PLEASE CONTACT THE COURT REPORTER FOR A COPY OF THIS DOCUMENT. (agj,) (Entered: 11/07/2006)
05/24/200784 ORDER Granting Petition to allow Amscot Medical Lab's Probation to terminate prior to the expiration of the original term, with the understanding that the U. S. Attorney's Office will be responsible for the outstanding restitution balance as to Amscot Medical Labs, Inc. (A Corporation) . Signed by Judge J. Daniel Breen on 5/24/07. (Breen, J.) (Entered: 05/24/2007)