| CLOSED |
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) |
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Avery Leasing, Inc.
TERMINATED: 03/05/2004 |
represented by | John 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 |
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| 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) |
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| Felony | ||
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 | Steven 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) | |
| 08/22/2003 | 1 | WAIVER OF INDICTMENT by Avery Leasing, Inc. (see) (Entered: 08/25/2003) |
| 08/22/2003 | 2 | FELONY INFORMATION as to Avery Leasing, Inc. (1) count(s) 1 (see) (Entered: 08/25/2003) |
| 08/22/2003 | 3 | Plea 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) | |
| 08/22/2003 | 5 | Gov'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) |
| 08/25/2003 | 4 | Minute 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) |
| 08/25/2003 | 6 | UNIFORM 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) |
| 12/08/2003 | 7 | Letter 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) | |
| 02/16/2004 | 8 | NOTICE 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) | |
| 02/23/2004 | 9 | SENTENCING MEMORANDUM by USA as to Avery Leasing, Inc. (Pericak, William) (Entered: 02/23/2004) |
| 02/24/2004 | 10 | Certificate of Service by USA as to Avery Leasing, Inc. (Pericak, William) (Entered: 02/24/2004) |
| 03/01/2004 | 11 | Minute 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) |
| 03/05/2004 | 12 | JUDGMENT 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) | |
| 05/24/2006 | 13 | Petition & 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) |