CLOSED

U.S. District Court
Northern District of New York - Main Office (Syracuse) [LIVE - Version 4.1.1] (Albany)
CRIMINAL DOCKET FOR CASE #: 1:03-cr-00348-DNH-1


Case title: USA v. Avery Leasing, Inc.

Date Filed: 08/22/2003
Date Terminated: 03/01/2004

Assigned to: Judge David N. Hurd

Defendant (1)
Avery Leasing, Inc.
TERMINATED: 03/05/2004
represented byJohn Allan Smietanka
Office of John Allan Smietanka
155 44th Street, S.W.
Grandville, MI 49418
616-667-2217
Fax: 616-667-2285
Email: jjanka@iserv.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:1343.F FRAUD BY WIRE, RADIO, OR TELEVISION
(1)
The deft organization is hereby sentenced to probation for a term of 2 years w/standard and special conditions; A Special Assessment is imposed in the amount of $400.00; Fine of $70,546.62; and Restitution of $300,000.00. Deft organization paid the $300,000.00 restitution in full at the time of the plea on 8/22/2003, and shall be credited for those payments. The fine of $70,546.62 remains outstanding and shall be paid in the following maner: $28,000.00 due on or before 4/1/2004; $14,000.00 due on or before 10/1/2004; $14,000.00 due on or before 2/1/2005; and $14,546.62 due on or before 10/1/2005.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented bySteven A. Tyrrell
United States Department of Justice
1400 New York Avenue, N.W.
Suite 4100
Washington, DC 20530
202-353-9350
Email: Steve.Tyrrell@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
08/22/2003  Initial appearance as to Avery Leasing, Inc. held (Defendant informed of rights.) before Judge Hurd (see) (Entered: 08/25/2003)
08/22/20031WAIVER OF INDICTMENT by Avery Leasing, Inc. (see) (Entered: 08/25/2003)
08/22/20032FELONY INFORMATION as to Avery Leasing, Inc. (1) count(s) 1 (see) (Entered: 08/25/2003)
08/22/20033Plea Agreement as to Avery Leasing, Inc. (see) Additional attachment(s) added on 8/4/2005 (see, ). (Entered: 08/26/2003)
08/22/2003  Arraignment as to Avery Leasing, Inc. held before Judge Hurd (see) (Entered: 08/26/2003)
08/22/2003  PLEA of Guilty: Avery Leasing, Inc. (1) count(s) 1 ; Court accepts plea. Remaining counts, if any, to be dismissed at sentencing. (see) (Entered: 08/26/2003)
08/22/20035Gov't Exhibit #1 received by USA as to Avery Leasing, Inc. (see) Additional attachment(s) added on 8/4/2005 (see, ). (Entered: 08/26/2003)
08/25/20034Minute entry of a Waiver/Change of Plea Proceeding as to Avery Leasing, Inc. before Judge Hurd on 8/22/03, APPR: William Pericak, AUSA for the gov't and John Smietanka, Esq for the deft. Mr. Myron F. Avery appears w/his atty on behalf of deft. Atty John A. Smietanka admitted pro hac vic. Deft advised of its rights. Government Exhibit #1 filed (resolution). AUSA William Pericak speaks on behalf of gov't. Waiver executed. Information & plea agreement filed and assigned criminal # 1:03-CR-348. Mr. Avery waives reading of Count 1 of the Information and pleads guilty on behalf of company. Mr. Avery sworn and questioned by the Court. Judge Hurd directs deft's plea entered by the Clerk. Court orders PSI Report ; sentencing date set for Friday 1/9/04 at 2 pm in Utica, NY. [12:20-12:50]; Court Clerk: Craig Minor; Court Reporter/ECRO: Theresa Berical (see) (Entered: 08/26/2003)
08/25/20036UNIFORM PRESENTENCE ORDER as to Avery Leasing, Inc.; Sentencing set for 2:00 pm on 1/9/04 in Utica, NY before Judge Hurd. (Signed by Judge David N. Hurd) (see) (Entered: 08/26/2003)
12/08/20037Letter Request dd 12/3/03 by Joh Smietanka, Esq for Avery Leasing, Inc., jointly requesting a 45-day adjournment of the Sentencing for Avery Leasing, Inc. ; So Ordered. (Signed by Judge David N. Hurd on 12/8/03) (see) Additional attachment(s) added on 12/23/2003 (see, ). (Entered: 12/09/2003)
12/08/2003  Terminate Sentencing Hearing deadline as to Avery Leasing, Inc., pursuant to document #7. Sentencing to be reset by the Court. (see, ) (Entered: 12/30/2003)
02/16/20048NOTICE setting date for sentencing for deft Avery Leasing, Inc. for 2/27/04 @ 12 noon in Albany, NY by Judge Hurd. (cmr, ) (Entered: 02/16/2004)
02/17/2004  Set/Reset Hearings as to Avery Leasing, Inc.: Sentencing set for 2/27/2004 12:00 PM in Albany before Judge David N. Hurd. (see) (Entered: 02/17/2004)
02/23/20049SENTENCING MEMORANDUM by USA as to Avery Leasing, Inc. (Pericak, William) (Entered: 02/23/2004)
02/24/200410Certificate of Service by USA as to Avery Leasing, Inc. (Pericak, William) (Entered: 02/24/2004)
03/01/200411Minute Entry for proceedings held before Judge David N. Hurd :Sentencing held on 2/27/2004 in Albany, NY. for Avery Leasing, Inc. (1), Count(s) 1, Fined the sum of $70,546.62 on Ct. 1 of the Information. $28,000.00 due by 4/1/04; $14,000.00 due by 10/1/04; $14,000.00 due by 2/1/05; $14,546.62 due by 10/1/05. App. David Grable for Govt, John A. Smietanka for deft. (Court Reporter Bonnie Buckley.) (cmr, ) (Entered: 03/01/2004)
03/05/200412JUDGMENT as to Avery Leasing, Inc. (1), Count(s) 1, The deft organization is hereby sentenced to probation for a term of 2 years w/standard and special conditions; A Special Assessment is imposed in the amount of $400.00; Fine of $70,546.62; and Restitution of $300,000.00. Deft organization paid the $300,000.00 restitution in full at the time of the plea on 8/22/2003, and shall be credited for those payments. The fine of $70,546.62 remains outstanding and shall be paid in the following maner: $28,000.00 due on or before 4/1/2004; $14,000.00 due on or before 10/1/2004; $14,000.00 due on or before 2/1/2005; and $14,546.62 due on or before 10/1/2005. . Signed by Judge David N. Hurd on 3/4/2004. (see, ) Modified on 3/5/2004, served on 3/5/2004. (see, ). (Entered: 03/05/2004)
03/29/2004  Receipt for Payment as to Avery Leasing, Inc., payment of Special Assessment/Restitution totaling $28,400.00 (S.A. for $400.00; Restitution for $28,000.00), receipt number 74855 (see) (Entered: 03/29/2004)
05/24/200613Petition & ORDER discharging Avery Leasing, Inc., from probation & that the proceedings in the case be terminated. Signed by Judge David N. Hurd on 5/22/2006. (see) (Entered: 05/24/2006)
05/24/2006  Served a copy of the 13 Petition & Order on Atty Smietanka by regular mail on 5/24/2006. (see) (Entered: 05/24/2006)