CLOSED

U.S. District Court
Southern District of New York (Foley Square)
CRIMINAL DOCKET FOR CASE #: 1:02-cr-00106-JES All Defendants


Case title: USA v. Earl P.L. Apfelbaum, et al

Date Filed: 01/28/2002

Assigned to: Judge John E. Sprizzo

Defendant (1)
Earl P.L. Apfelbaum
Earl P. L. Apfelbaum, Inc.
TERMINATED: 03/31/2004
represented byPaul Lewis Shechtman
Zuckerman, Spaeder LLP(NYC)
1185 Avenue of the Americas
New York, NY 10036-4039
(212) 704-9600
Fax: (212) 704-4256
Email: pshechtman@zuckerman.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
15:1.F ANTITRUST VIOLATIONS
(1-2)
Probation: 36 years concurrent on counts 1 and 2. Fine: $130,000. Special assessment: $800.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Judge John E. Sprizzo

Defendant (2)
John Apfelbaum
TERMINATED: 04/02/2004
represented byPaul Lewis Shechtman
(See above for address)
LEAD ATTORNEY
Designation: Retained

Pending Counts

Disposition
15:1.F ANTITRUST VIOLATIONS
(1-2)
Probation for a term of Three Years.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA

Date Filed #Docket Text
01/28/2002  CASE Assigned to Judge John E. Sprizzo (jm) (Entered: 01/29/2002)
01/28/2002NOTICE OF INTENT to File An Information by USA as to Earl P.L. Apfelbaum, Inc., John Apfelbaum. (bw) (Entered: 01/31/2002)
01/28/2002WAIVER OF INDICTMENT by Earl P.L. Apfelbaum, Inc. (bw) (Entered: 01/31/2002)
01/28/2002WAIVER OF INDICTMENT by John Apfelbaum. (bw) (Entered: 01/31/2002)
01/28/2002FELONY INFORMATION - Felony as to Earl P.L. Apfelbaum, Inc. (1) count(s) 1-2, John Apfelbaum (2) count(s) 1-2. (bw) (Entered: 01/31/2002)
01/28/2002  First Appearance as to Earl P.L. Apfelbaum, Inc., John Apfelbaum held before Judge John E. Sprizzo. (bw) (Entered: 01/31/2002)
01/28/2002  Arraignment as to Earl P.L. Apfelbaum, Inc., John Apfelbaum held: Earl P.L. Apfelbaum, Inc. (1) count(s) 1-2, John Apfelbaum (2) count(s) 1-2, before Judge John E. Sprizzo. Deft present w/attys Paul Shachtman, James Mitchell of Stillman & Friedman. Govt present by Charles Kelly, atty Antitrust Division of D.O.J. Deft waives Indictment and pleads Guilty. Sentencing 7/26/02; ROR, unrestricted travel; PSI ref. to Probation. (bw) (Entered: 01/31/2002)
01/28/2002  PLEA entered by Earl P.L. Apfelbaum, Inc., John Apfelbaum. Court accepts plea. Guilty: Earl P.L. Apfelbaum, Inc. (1) count(s) 1-2, John Apfelbaum (2) count(s) 1-2. (bw) (Entered: 01/31/2002)
01/28/2002  Court Orders pre-sentence investigation as to Earl P.L. Apfelbaum, Inc., John Apfelbaum. (bw) (Entered: 01/31/2002)
01/28/2002  Sentencing set for 7/26/02 for Earl P.L. Apfelbaum, Inc., for John Apfelbaum: Earl P.L. Apfelbaum, Inc. (1) count(s) 1-2, John Apfelbaum (2) count(s) 1-2. (bw) (Entered: 01/31/2002)
03/11/2002TRANSCRIPT of record of proceedings as to Earl P.L. Apfelbaum, John Apfelbaum for date of January 28, 2002, before Judge John E. Sprizzo. (bw) (Entered: 03/12/2002)
07/25/2002Stipulation as to Earl P.L. Apfelbaum, Inc., John Apfelbaum. It is hereby Stipulated and Agreed, by and between counsel for the U.S. and counsel for the Defts, Earl P.L. Apfelbaum, Inc. and John Apfelbaum, that the date for sentencing in the captioned matter may be changed, upon approval of the Court, from 7/26/02 to 1/28/03 at 3:00 p.m. ( Signed on 7/23/02 by Judge John E. Sprizzo ); Copies mailed. (bw) (Entered: 07/30/2002)
12/23/2002Stipulation as to Earl P.L. Apfelbaum, Inc., John Apfelbaum. It is hereby Stipulated and Agreed, by and between counsel for the U.S. and counsel for the Defts, Earl P.L. Apfelbaum, Inc. and John Apfelbaum, that the date for sentencing in the captioned matter may be changed, upon approval of the Court, from 1/28/03 to a date in July 2003 to be determined by the Court. The sentence shall be adjourned to 7/9/03 at 3. ( Signed on 12/20/02 by Judge John E. Sprizzo ). [ microfilm 12/24/02 9am ] (bw) (Entered: 12/27/2002)
06/05/2003Stipulation and Order as to Earl P.L. Apfelbaum, Inc., John Apfelbaum. It is hereby Stipulated and Agreed, by and between the undersigned counsel for the parties, that the sentencing of the defts Earl P.L. Apfelbaum, Inc. and John Apfelbaum shall be adjourned from 7/9/03 to 9/10/03 at 3 p.m. ( Signed on 6/2/03 by Judge John E. Sprizzo ). [ microfilm 6/5/03 3pm ] (bw) (Entered: 06/06/2003)
08/04/2003Stipulation and Order as to Earl P.L. Apfelbaum, John Apfelbaum, It is hereby Stipulated and Agreed, by and between counsel for the US and counsel for the Defendant's Earl P.L. Apfelbaum, Inc and John Apfelbaum, that the date for sentencing may be changed, upon approval of the Court, from September 10, 2003 to February 11, 2004 at 3:00pm ( Signed by Judge John E. Sprizzo ); [Microfilmed on 8/5/03 at 9:00am]. (jw) Modified on 08/05/2003 (Entered: 08/05/2003)
03/31/2004  Minute Entry for proceedings held before Judge John E. Sprizzo :Sentencing held on 3/31/2004 for John Apfelbaum (2) Count 1-2. (jw, ) (Entered: 04/14/2004)
03/31/2004  Minute Entry for proceedings held before Judge John E. Sprizzo: Sentencing held on 3/31/2004 for Earl P.L. Apfelbaum (1) Count 1-2. (ph, ) (Entered: 04/14/2004)
04/02/2004  Attorney update in case as to John Apfelbaum. Attorney Paul Shechtman for John Apfelbaum added. (jw, ) (Entered: 04/14/2004)
04/02/200410 FILED JUDGMENT IN A CRIMINAL CASE as to John Apfelbaum (2), Pleaded guilty to Count(s) 1-2, Probation for a term of Three Years. Special Assessment of $200 which shall be paid in 90 days. Fine of $20,000 which shall be paid within 15 days of the imposition of this sentence. (Signed by Judge John E. Sprizzo on 4/2/04)(jw, ) (Entered: 04/14/2004)
04/07/200411 JUDGMENT as to Earl P.L. Apfelbaum (1), Count(s) 1-2, Probation: 36 years concurrent on counts 1 and 2. Fine: $130,000. Special assessment: $800. (Signed by Judge John E. Sprizzo on 3/31/04)(ph, ) (Entered: 04/14/2004)
04/14/2004  Judgment entered in money judgment book as #04, 0735 as to John Apfelbaum in the amount of $ 20200, re: 10 Judgment (jw, ) (Entered: 04/15/2004)
04/14/2004  Judgment entered in money judgment book as #04,0734 as to Earl P.L. Apfelbaum in the amount of $130,800.00, re: 11 Judgment. (ph, ) (Entered: 04/15/2004)
04/26/200412 TRANSCRIPT of Proceedings as to Earl P.L. Apfelbaum, John Apfelbaum held on 3/31/04 before Judge John E. Sprizzo. (dg, ) (Entered: 04/26/2004)
05/13/2004  Payment of Fine from Earl P.L. Apfelbaum in the amount of $55,800.00. Date Received: 5/13/04. (mn, ) (Entered: 05/13/2004)
05/13/2004  Payment of Fine from John Apfelbaum in the amount of $20,200.00. Date Received: 5/13/04. (mn, ) (Entered: 05/13/2004)
05/14/200413 ENDORSED LETTER as to John Apfelbaum addressed to Judge Sprizzo from Attorney James A. Mitchell dated 5/11/04 re: requesting that Your Honor "so order" this letter both approving Mr. Apfelbaum's continued role in Earl P.L. Apfelbaum and modifying his travel restrictions. Judge memo-endorsed: Application granted. (Signed by Judge John E. Sprizzo on 5/12/04)(ph, ) (Entered: 05/17/2004)
05/25/200414 SATISFACTION OF JUDGMENT as to John Apfelbaum re 10 Judgment in the amount of $20,200.00. Judgment satisfied on 5/25/04. (jw, ) (Entered: 05/26/2004)
04/27/2005  Payment of Fine from Earl P.L. Apfelbaum in the amount of $75,000.00. Date Received: 4/27/05. (mn, ) (Entered: 04/27/2005)
07/06/2005  Payment of Fine from Earl P.L. Apfelbaum in the amount of $1,076.16. Date Received: 7/6/05. (mn, ) (Entered: 07/06/2005)
07/21/200515 SATISFACTION OF JUDGMENT as to Earl P.L. Apfelbaum re 11 Judgment, in the amount of $130,800.00. Judgment satisfied on 7/21/05. (pr, ) (Entered: 07/25/2005)