| CLOSED |
Case title: USA v. Animune Inc |
Date Filed: 03/03/2004 Date Terminated: 07/09/2004 |
| Assigned to: Magistrate Judge Bristow Marchant | ||
Defendant (1) |
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Animune Inc
TERMINATED: 07/12/2004 |
represented by | Jason 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 |
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| 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) |
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| Misdemeanor | ||
Terminated Counts |
Disposition |
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| None | ||
Highest Offense Level (Terminated) |
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| None | ||
Complaints |
Disposition |
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| None |
Plaintiff |
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| USA | represented by | Eric 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 |
|---|---|---|
| 03/03/2004 | 1 | INFORMATION as to Animune Inc (1) count(s) 1 (mdea) Modified on 03/04/2004 (Entered: 03/04/2004) |
| 03/03/2004 | 2 | SUMMONS(ES) issued for Animune Inc Arraignment set for 9:45 3/30/04 for Animune Inc (mdea) (Entered: 03/04/2004) |
| 03/03/2004 | 3 | Search 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) | |
| 03/16/2004 | 4 | SUMMONS Returned Executed as to Animune Inc 3/16/04 (ljon) (Entered: 03/17/2004) |
| 03/30/2004 | 5 | Arraignment 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) |
| 03/30/2004 | 6 | PLEA OF NOT GUILTY entered by Animune Inc . (ljon) (Entered: 03/31/2004) |
| 04/29/2004 | 7 | CONSENT TO PROCEED with Entry of Plea before US Magistrate Judge by Animune Inc (ljon) (Entered: 04/30/2004) |
| 04/29/2004 | 8 | MOTION by USA as to Animune Inc for discovery (ljon) (Entered: 04/30/2004) |
| 05/04/2004 | 9 | NOTICE 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) |
| 05/06/2004 | 10 | Plea 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) | |
| 06/28/2004 | 11 | NOTICE 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) |
| 06/29/2004 | 12 | NOTICE 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) |
| 07/09/2004 | 13 | PLEA 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) |
| 07/09/2004 | 14 | PLEA entered by Animune Inc . Defendant enters plea of: guilty. (ljon) (Entered: 07/12/2004) |
| 07/12/2004 | 15 | JUDGMENT 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) | |
| 10/27/2004 | 17 | ORDER as to Animune Inc extending time to pay fine (Signed by Magistrate Judge Bristow Marchant ) (ljon) (Entered: 10/28/2004) |
| 02/08/2005 | 18 | ORDER 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) |
| 04/14/2005 | 19 | ORDER 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) |
| 07/22/2005 | 20 | 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) |
| 07/25/2005 | 21 | ORDER 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) |