CLOSED

U.S. District Court
District of South Carolina (Columbia)
CRIMINAL DOCKET FOR CASE #: 3:04-cr-00178-BM-1


Case title: USA v. Animune Inc

Date Filed: 03/03/2004
Date Terminated: 07/09/2004

Assigned to: Magistrate Judge Bristow Marchant

Defendant (1)
Animune Inc
TERMINATED: 07/12/2004
represented byJason Elliott
Simmons and Griffin
PO Box 5
Columbia, SC 29202
843-779-4600
Fax: 864-235-5309
TERMINATED: 07/12/2004
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

John S Simmons
John S Simmons Law Offices
PO Box 5
Columbia, SC 29202
803-779-4600
Fax: 803-254-8874
Email: jsimmons@simmonslawfirm.com
TERMINATED: 07/12/2004
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES in violation of 42:262(a)(1) and (f) intrastate and interstate traffic in biological products
(1)
Defendant is sentenced to probation for a term of thirty-six (36) months. Defendant shall put down cattle currently quarantined with no expense to any government agency and in compliance with any requirements of the SC Department of Health and Enviro nmental Control; Defendant shall abandon the collectivively seized colostrum to the Food and Drug Administration. Fine of $4,500; If cost to put down cattle exceeds the fine amount, the fine amount is waived. However, if cost does not exceed fin e amount, then fine may be offset up to the amount of cost, remainder to be paid to the Court. Fine should be paid in full (or offset) within 60 days of this judgment. Special Assessment of $125 due immediately.

Highest Offense Level (Opening)
Misdemeanor

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byEric William Ruschky
1547 Shady Lane
Columbia, SC 29206
803-787-1547
Email: mruschky@aol.com
TERMINATED: 10/27/2004
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Kevin F McDonald
US Attorneys Office
1441 Main Street
Suite 500
Columbia, SC 29201
803-929-3000
Fax: 803-254-2943
Email: kevin.f.mcdonald@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
03/03/20041INFORMATION as to Animune Inc (1) count(s) 1 (mdea) Modified on 03/04/2004 (Entered: 03/04/2004)
03/03/20042SUMMONS(ES) issued for Animune Inc Arraignment set for 9:45 3/30/04 for Animune Inc (mdea) (Entered: 03/04/2004)
03/03/20043Search Warrant as to Animune Inc issued in case 3:99-471 associated per US Attorney as to defendant Transfer Point, LLC, Animue, Inc., Beta Source, Inc. and 1236 Gin Bay Road, Cameron, SC. Documents include: 4 search warrants returned. (mdea) (Entered: 03/04/2004)
03/03/2004  CASE assigned to Magistrate Unassigned - MAG-CRI (ydav) (Entered: 03/09/2004)
03/09/2004  CASE assigned to Magistrate Judge Bristow Marchant (ydav) (Entered: 03/09/2004)
03/16/20044SUMMONS Returned Executed as to Animune Inc 3/16/04 (ljon) (Entered: 03/17/2004)
03/30/20045Arraignment as to Animune Inc held before Magistrate Judge Bristow Marchant; Animune Inc (1) count(s) 1 (Attorney Jason Elliott); Defendant pleads not guilty (signed by Roger Shuler, CEO of the Company) BOND not an issue since defendant is a company; Court reporter: Debra Jernigan (ljon) (Entered: 03/31/2004)
03/30/20046PLEA OF NOT GUILTY entered by Animune Inc . (ljon) (Entered: 03/31/2004)
04/29/20047CONSENT TO PROCEED with Entry of Plea before US Magistrate Judge by Animune Inc (ljon) (Entered: 04/30/2004)
04/29/20048MOTION by USA as to Animune Inc for discovery (ljon) (Entered: 04/30/2004)
05/04/20049NOTICE of Hearing as to Animune Inc set pretrial conference for 1:30 5/11/04 for Animune Inc before Magistrate Judge Bristow Marchant (ljon) (Entered: 05/04/2004)
05/06/200410Plea Agreement as to Animune Inc (ljon) (Entered: 05/06/2004)
05/06/2004  HEARING CANCELLED - pretrial conference; plea agreement has been filed. (ljon) (Entered: 05/06/2004)
06/28/200411NOTICE of Hearing as to Animune Inc set Plea and Sentencing for 1:30 7/7/04 for Animune Inc before Magistrate Judge Bristow Marchant (ljon) (Entered: 06/28/2004)
06/29/200412NOTICE of Hearing as to Animune Inc reset Plea and Sentencing for 1:30 7/9/04 for Animune Inc before Magistrate Judge Bristow Marchant (ljon) (Entered: 06/29/2004)
07/09/200413PLEA AND SENTENCING: PLEA proffered by Animune Inc as to count(s) 1 of the Information. Court accepts plea, GUILTY PLEA ENTERED as to Animune Inc (1) count(s) 1 (Terminated motions - [8-1] motion for discovery . Motion Terminated. as to Animune Inc (1) ) ; SENTENCING held before Magistrate Judge Bristow Marchant Animune Inc (1) count(s) 1 Witness(es) no, Objections to Pre-Sentence Report: no, Motion for upward/downward departure: no, Court Reporter: Gary Smith (ljon) (Entered: 07/12/2004)
07/09/200414PLEA entered by Animune Inc . Defendant enters plea of: guilty. (ljon) (Entered: 07/12/2004)
07/12/200415JUDGMENT Animune Inc (1) count(s) 1. Defendant is sentenced to probation for a term of thirty-six (36) months. Defendant shall put down cattle currently quarantined with no expense to any government agency and in compliance with any requirements of the SC Department of Health and Environmental Control; Defendant shall abandon the collectivively seized colostrum to the Food and Drug Administration. Fine of $4,500; If cost to put down cattle exceeds the fine amount, the fine amount is waived. However, if cost does not exceed fine amount, then fine may be offset up to the amount of cost, remainder to be paid to the Court. Fine should be paid in full (or offset) within 60 days of this judgment. Special Assessment of $125 due immediately. ( Signed by Magistrate Judge Bristow Marchant ) (ljon) (Entered: 07/13/2004)
07/12/2004  Case closed as to Animune Inc (all defendants) (ljon) (Entered: 07/13/2004)
10/27/200417ORDER as to Animune Inc extending time to pay fine (Signed by Magistrate Judge Bristow Marchant ) (ljon) (Entered: 10/28/2004)
02/08/200518ORDER as to Animune Inc extending time for payment of fine for 60 days from the date of this order (Signed by Magistrate Judge Bristow Marchant ) eod 2/8/05 (bbro) (Entered: 02/08/2005)
04/14/200519ORDER as to Animune Inc; The fine amount imposed is hereby waived.. Signed by Judge Bristow Marchant on 4/14/05. (ljon, ) (Entered: 04/14/2005)
07/22/200520 MOTION for Early Termination of Probation (Petition to Terminate Probation) by Animune Inc. Proposed Order sent to Judge Chambers email address? Yes. (Attachments: # 1 Proposed Order)(Simmons, John) (Entered: 07/22/2005)
07/25/200521ORDER granting 20 Motion for Early Termination of Probation as to Animune Inc (1). Signed by Judge Bristow Marchant on 7/22/05. (ljon) (Entered: 07/26/2005)