| 51AD |
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 by | Candace 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 by | Joseph 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 |
|---|---|---|
| 11/19/2003 | 1 | INDICTMENT 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) |
| 11/19/2003 | 2 | MOTION by USA as to George Kindness, Amscot Medical Lab of the US to file indictment under seal (Former Emp) (Entered: 11/21/2003) |
| 11/19/2003 | 3 | ORDER 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) |
| 12/15/2003 | 6 | ORDER 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) |
| 01/27/2004 | 7 | SETTING LETTER ; arraignment set for 9:30 2/11/04 for George Kindness before Mag Judge James H. Allen (CCP) (Entered: 01/28/2004) |
| 02/11/2004 | 11 | ENTRY OF APPEARANCE for defendant George Kindness, defendant Amscot Medical Lab by Attorney Martin S. Pinales (CCP) (Entered: 02/12/2004) |
| 02/11/2004 | 12 | ORDER by Judge J. D. Breen granted entry of appearance re [11-1] (cc: all counsel) (CCP) (Entered: 02/12/2004) |
| 02/13/2004 | 14 | SETTING LETTER report date set for 9:30 2/23/04 for George Kindness (CCP) (Entered: 02/17/2004) |
| 02/18/2004 | 16 | WAIVER OF APPERANCE AT NON-EVIDENTIARY PRE-TRIAL HEARING by defendant Amscot Medical Lab (CCP) (Entered: 02/19/2004) |
| 02/18/2004 | 17 | 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) |
| 02/23/2004 | 18 | 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) |
| 03/08/2004 | 19 | 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) |
| 03/11/2004 | 20 | ENTRY OF APPEARANCE for defendant George Kindness, defendant Amscot Medical Lab by Attorney Candace C. Crouse (CCP) (Entered: 03/12/2004) |
| 03/11/2004 | 21 | REQUEST by defendant George Kindness, defendant Amscot Medical Lab for discovery and inspection (CCP) (Entered: 03/12/2004) |
| 03/11/2004 | 22 | MOTION as to George Kindness, Amscot Medical Lab for permission to file additional motions after receipt of discovery (CCP) (Entered: 03/12/2004) |
| 03/11/2004 | 23 | 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) | |
| 03/11/2004 | 24 | MOTION as to George Kindness, Amscot Medical Lab for admission attorney Candace C. Crouse to appear pro hac vice (CCP) (Entered: 03/12/2004) |
| 03/15/2004 | 25 | 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) |
| 03/15/2004 | 26 | 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) |
| 03/16/2004 | 27 | 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) |
| 03/22/2004 | 28 | RESPONSE OF THE UNITED STATES TO DEFENDANTS' MOTION FOR BILL OF PARTICULARS by plaintiff USA (CCP) (Entered: 03/23/2004) |
| 03/22/2004 | 30 | WAIVER OF APPEARANCE AT NON-EVIDENTIARY PRE-TRIAL HEARINGS by defendant Amscot Medical Lab (CCP) (Entered: 03/23/2004) |
| 03/23/2004 | 32 | 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) |
| 03/23/2004 | 33 | SETTING LETTER report date set for 9:30 3/29/04 for George Kindness, for Amscot Medical Lab (CCP) (Entered: 03/24/2004) |
| 03/29/2004 | 34 | 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) |
| 03/29/2004 | 35 | 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) |
| 04/05/2004 | 36 | 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) |
| 05/03/2004 | 37 | RULE 16 Discovery Request/Response by USA as to George Kindness d/b/a Amscot Medical Labs, Inc. (CCP) (Entered: 05/04/2004) |
| 05/24/2004 | 38 | 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) |
| 06/02/2004 | 39 | 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) |
| 06/21/2004 | 40 | Rule 16 Discovery Request/Response by USA as to George Kindness, Amscot Medical labs, Inc. (A Corporation) (ccp, ) (Entered: 06/22/2004) |
| 07/19/2004 | 41 | 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) |
| 07/19/2004 | 42 | 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) |
| 08/06/2004 | 43 | 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) |
| 08/30/2004 | 44 | 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) |
| 09/10/2004 | 45 | 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) |
| 09/14/2004 | 46 | 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) |
| 09/15/2004 | 47 | 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) |
| 10/06/2004 | 48 | Rule 16 Discovery Response by USA as to George Kindness, Amscot Medical labs, Inc. (A Corporation) (jae, ) (Entered: 10/06/2004) |
| 01/18/2005 | 50 | 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) |
| 01/18/2005 | 51 | 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) |
| 01/18/2005 | 52 | MOTION in Limine To Preclude Other Acts Evidence by George Kindness, Amscot Medical labs, Inc. (A Corporation). (jae, ) (Entered: 01/19/2005) |
| 01/24/2005 | 53 | MOTION to Continue Trial by George Kindness, Amscot Medical labs, Inc. (A Corporation). (jae, ) (Entered: 01/24/2005) |
| 01/26/2005 | 54 | 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) |
| 02/28/2005 | 55 | 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) |
| 03/28/2005 | 57 | 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) |
| 03/30/2005 | 58 | 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) |
| 03/31/2005 | 59 | NOTICE OF FILING OF CONFLICT WAIVER by George Kindness, Amscot Medical labs, Inc. (A Corporation) (jae, ) (Entered: 04/04/2005) |
| 05/25/2005 | 60 | 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) |
| 06/03/2005 | 61 | MOTION for Continuance of Plea Hearing by George Kindness, Amscot Medical labs, Inc. (A Corporation). (ehg, ) (Entered: 06/06/2005) |
| 06/06/2005 | 62 | 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) | |
| 07/06/2005 | 63 | 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) |
| 07/06/2005 | 64 | PLEA AGREEMENT as to George Kindness, Amscot Medical labs, Inc. (A Corporation) (ehg, ) (Entered: 07/07/2005) |
| 07/07/2005 | 65 | 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) |
| 09/21/2005 | 66 | 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) |
| 09/22/2005 | 67 | 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) |
| 10/20/2005 | 68 | 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) |
| 11/21/2005 | 70 | MOTION to Continue Sentencingby USA as to George Kindness, Amscot Medical labs, Inc. (A Corporation). (ehg, ) (Entered: 11/22/2005) |
| 11/22/2005 | 71 | 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) | |
| 03/23/2006 | 72 | MOTION to Continue Sentencing by USA as to George Kindness, Amscot Medical labs, Inc. (A Corporation). (Murphy, Joseph) (Entered: 03/23/2006) |
| 03/23/2006 | 73 | 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) |
| 09/28/2006 | 75 | 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) |
| 09/29/2006 | 78 | 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) |
| 09/29/2006 | 79 | 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) |
| 11/07/2006 | 83 | 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) |
| 05/24/2007 | 84 | 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) |