CLOSED, WVNEED

United States District Court
Middle District of Pennsylvania (Harrisburg)
CRIMINAL DOCKET FOR CASE #: 1:05-cr-00283-YK-1


Case title: USA v. Austin Powder Company
Other court case number: 1:04-CR-033 - MDPA USA v. David Bake

Date Filed: 07/27/2005
Date Terminated: 10/31/2005

Assigned to: Chief Judge Yvette Kane

Defendant (1)
Austin Powder Company
TERMINATED: 10/31/2005
represented byCarole S. Rendon
Giffen & Kaminski LLC
1717 East 9th Street
Suite 2100
Cleveland, OH 44114
216-621-5161
Fax: 216-621-2399
Email: crendon@thinkgk.com
TERMINATED: 10/31/2005
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
Title 18 USC 842(g) and 844(a)(1) - FALSE ENTRIES, EXPLOSIVE MATERIALS (May 28, 20020, October 17, 2003, and November 20, 2002)
(1-3)
$500,000 fine, consisting of $200,000 on Counts 1 and 2, and $100,000 on Count 3. Special Assessment of $1,200 consisting of $400 on each count.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byBruce D. Brandler
U.S. Attorney's Office
228 Walnut Street
Harrisburg, PA 17108
717-221-4482
Email: bruce.brandler@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
07/27/20051FELONY INFORMATION as to dft Austin Powder Company (1) count(s) 1-3. (kjn ) (Entered: 07/28/2005)
07/27/20052Criminal Cover Sheet (Sealed) . (kjn ) (Entered: 07/28/2005)
07/27/20053PLEA AGREEMENT as to dft Austin Powder Company. (kjn ) Additional attachment(s) added on 7/28/2005 (kjn, ). (Entered: 07/28/2005)
07/27/20054PRAECIPE for Summons as to dft Austin Powder Company. (kjn ) (Entered: 07/28/2005)
07/29/20056NOTICE OF HEARING as to dft Austin Powder Company Plea Hearing set for 8/22/2005 at 2:30 PM in Harrisburg - Courtroom #4 before Honorable Yvette Kane. Signed by Deputy Clerk on July 29, 2005. (kjn ) (Entered: 07/29/2005)
07/29/20057NOTICE OF HEARING as to dft Austin Powder Company. Initial Appearance / Guilty Plea Hearing set for 8/22/2005 at 10:00 AM in Harrisburg - Courtroom #4 before the Honorable Yvette Kane. Signed by Deputy Clerk on July 29, 2005. (kjn ) (Entered: 07/29/2005)
08/04/20058Summons Returned Executed on 7/28/05 as to Austin Powder Company. (pm, ) (Entered: 08/04/2005)
08/12/20059SPECIAL ADMISSIONS FORM APPROVED as to Atty Carole S. Rendon . Signed by Judge Yvette Kane on August 12, 2005. (kjn ) (Entered: 08/15/2005)
08/16/200510 MOTION requesting local counsel be excused from Rule 11 hearing by dft Austin Powder Company. (kjn ) (Entered: 08/16/2005)
08/17/200511Proposed Order re: Motion to Excuse Local Counsel. (ctm) (Entered: 08/17/2005)
08/17/200512ORDER granting 10 Motion Excuse Local Counsel as to Austin Powder Company (1) Signed by Judge Yvette Kane on 8/17/05. (pw, ) (Entered: 08/17/2005)
08/22/200514WAIVER of of Indictment by Austin Powder Company. (kjn ) (Entered: 08/22/2005)
08/22/200515GUILTY PLEA ENTERED as to Austin Powder Company. (kjn ) (Entered: 08/22/2005)
08/22/200516Action by Unanimous Written Consent of the Board of Directors - date June 1, 2005.(kjn ) (Entered: 08/22/2005)
08/22/200517Action by Unanimous Written Consent of the Board of Directors.(kjn ) (Entered: 08/22/2005)
08/23/200518NOTICE OF HEARING as to dft Austin Powder Company - Sentencing set for 10/24/2005 at 09:30 AM in Harrisburg - Courtroom #4 before Honorable Yvette Kane. (sc) (Entered: 08/23/2005)
09/21/200519NOTICE OF HEARING as to Austin Powder Company - Sentencing set for 10/31/2005 at 10:30 AM in Harrisburg - Courtroom #4 before Honorable Yvette Kane. (sc) (Entered: 09/21/2005)
10/31/200520ORDER - Pursuant to Local Rule 83.9.3, Dft's cnsl filed a motion for admission to this Court pro hac vich, which is granted. Thereafter, the Court granted Dft's motion to excuse local cnsl from the Rule 11 hrg. Dft subsequently moved to excuse local cnsl from the senentecing hrg as well. For good cause shown, Dft's Motion is hereby Granted. IS IS SO ORDERED. Signed by Judge Yvette Kane on October 31, 2005. (kjn ) (Entered: 11/03/2005)
10/31/200521Sealed Document - Redacted Order of 10/31/05. (kjn ) (Entered: 11/03/2005)
10/31/200523JUDGMENT as to Austin Powder Company (1), Count(s) 1-3, $500,000 fine, consisting of $200,000 on Counts 1 and 2, and $100,000 on Count 3. Special Assessment of $1,200 consisting of $400 on each count. Signed by Judge Yvette Kane on October 31, 2005. (kjn ) (Entered: 11/04/2005)
12/28/200524TRANSCRIPT of Sentencing Proceedings as to Austin Powder Company held on 10/31/05 before Judge Kane. Court Reporter: L. Shuey. (ctrep1, ) (Entered: 12/28/2005)
01/09/200625satisfaction of Judgment (Thiel, Michael) (Entered: 01/09/2006)