CLOSED, A/R

United States District Court
Eastern District of Pennsylvania (Philadelphia)
CRIMINAL DOCKET FOR CASE #: 2:04-cr-00588-JKG-1


Case title: USA v. BEF CORP. et al

Date Filed: 09/22/2004
Date Terminated: 05/19/2005

Assigned to: HONORABLE JAMES KNOLL GARDNER

Defendant (1)
BEF CORP.
TERMINATED: 05/19/2005
represented byPATRICK J. REILLY
GROSS, MCGINLEY, LLP
33 S. 7TH ST
P.O. BOX 4060
ALLENTOWN, PA 18105
610-820-5450
Fax: 610-820-6006
Email: preilly@grossmcginley.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

ROBERT J. DONATONI
DONATONI AND NOONE
200 NORTH HIGH STREET
SUITE 301
WEST CHESTER, PA 19380
610-719-0500
Email: donatoni111@aol.com
TERMINATED: 05/17/2006
LEAD ATTORNEY
Designation: Retained

Pending Counts

Disposition
33:1319(c)(2)(A) KNOWING DISCHARGE OF POLLUTANTS IN VIOLATION OF PRETREATMENT STANDARDS
(1-3)
PROBATION 5 YRS., FINE $350,000.00, SPEC. ASSESS. $5,600.00

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byCHRISTOPHER R. HALL
SAUL EWING LLP
CENTRE SQUARE WEST
1500 MARKET STREET
38TH FLOOR
PHILADELPHIA, PA 19102
215-972-7180
Fax: 215/972-1917
Email: chall@saul.com
TERMINATED: 09/08/2006
LEAD ATTORNEY

JOSEPH F. MINNI
UNITED STATES ATTORNEY'S OFFICE
615 CHESTNUT ST.
STE. 1250
PHILADELPHIA, PA 19106
215-861-8574
Fax: 215-861-8618
Email: joseph.minni@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
09/22/20041INFORMATION as to BEF CORP. (1) count(s) 1-3, ELWARD B. BREWER (2) count(s) 4. (ti, ) (Entered: 09/23/2004)
10/05/20042Plea Memorandum by USA as to BEF CORP., ELWARD B. BREWER, Cert. of Service. (Attachments: # 2 Exhibit Plea Agreement for Elward Brewer)(HALL, CHRISTOPHER) Modified on 10/6/2004 (cmc). (Entered: 10/05/2004)
10/08/20043NOTICE OF HEARING as to BEF CORP., ELWARD B. BREWER Plea Agreement Hearing set for 11/12/2004 01:30 PM in COURTROOM 4B before HONORABLE JAMES KNOLL GARDNER. (tl, ) (Entered: 10/08/2004)
11/15/20045NOTICE OF HEARING as to BEF CORP., ELWARD B. BREWER Sentencing set for 2/22/2005 10:30 AM in COURTROOM 4B in Allentown before HONORABLE JAMES KNOLL GARDNER. (tl, ) (Entered: 11/15/2004)
11/15/2004Guilty Plea Agreement as to BEF CORP. (er, ) (Entered: 11/15/2004)
11/15/2004Corporate Minutes as to BEF CORP. (er, ) (Entered: 11/15/2004)
11/15/200410 Minute Entryfor proceedings held before Judge JAMES KNOLL GARDNER Guilty Plea Hearing as to BEF CORP., ELWARD B. BREWER held on 11/12/04. Plea entered as to BEF CORP. (1) Guilty Count 1-3 and ELWARD B. BREWER (2) Guilty Count 4. Sentencing set for 2/22/2005 10:30 AM in COURTROOM before HONORABLE JAMES KNOLL GARDNER. $20,000 o/r bond.Court Reporter ESR.(er, ) (Entered: 11/15/2004)
02/03/200511 MOTION TO CONTINUE SENTENCING FILED BY BEF CORP., ELWARD B. BREWER, CERTIFICATE OF SERVICE. (ke) (Entered: 02/03/2005)
02/03/2005  Attorney update in case as to BEF CORP.. Attorney ROBERT J. DONATONI for BEF CORP. added. (er, ) (Entered: 05/20/2005)
02/17/200513 ORDER AS TO BEF CORP., ELWARD B. BREWER THAT SENTENCING IN THE ABOVE-CAPTIONED MATTER IS CONTINUED UNTIL 4/1/05 AT 9:30 A.M. WITH THE UNDERSTANDING BETWEEN COUNSEL THAT THE ORIGINAL SENTENCING DATE OF 2/22/05 SHALL BE THE OPERATIVE DATE FOR THE COMMENCEMENT OF PAYING OF FINES, PENALTIES AND FORFEITURES MONIES DUE AND OWING. SIGNED BY JUDGE JAMES KNOLL GARDNER on 2/15/05.2/17/05 Entered and Copies Mailed, E-Mailed and Faxed by Courtroom Deputy. (er, ) (Entered: 02/17/2005)
02/22/200514AMENDED SENTENCING NOTICE as to BEF CORP., ELWARD B. BREWER: Sentencing has been continued to 4/1/05 at 9:30 a.m. before the Hon. James Knoll Gardner at the U.S. District Court, Courtroom 4A, Allentown, PA, etc. (er, ) (Entered: 02/22/2005)
03/28/200515 SENTENCING MEMORANDUM Certificate of Service by USA as to BEF CORP., ELWARD B. BREWER (HALL, CHRISTOPHER) (Entered: 03/28/2005)
04/06/200517 Minute Entryfor proceedings held before Judge JAMES KNOLL GARDNER Sentencing held on 4/1/05 for BEF CORP. (1), Count(s) 1-3, PROBATION 5 YRS., FINE $350,000.00, SPEC. ASSESS. $5,600.00. A civil penalty of $39,000.00 to US DEPT. OF COMMERCE, AND $11,000.00 TO US DEPT. OF TREASURY.Court Reporter ESR.(cmc) (Entered: 04/08/2005)
05/19/200520 JUDGMENT AS TO BEF CORP. (1), Count(s) 1-3, PROBATION 5 YRS., FINE $350,000.00, SPEC. ASSESS. $5,600.00 . Signed by Judge JAMES KNOLL GARDNER on 4/1/05.5/23/05 Entered and Copies Mailed. (cmc) (Entered: 05/23/2005)
03/07/200622 TRANSCRIPT of Proceedings RE: SENTENCING HEARING as to BEF CORP., ELWARD B. BREWER held on 4/1/05 before Judge GARDNER. Court Reporter: ESR. (ke) (Entered: 03/07/2006)
03/27/200623HEARING ON PETITION FOR REVOCATION as to BEF CORP., ELWARD B. BREWER: a Hearing in the above cases has been scheduled for 4/6/06 at 9:30 a.m. before the Hon. James Knoll Gardner, U.S. Courthouse, Courtroom 4A, Allentown, PA, etc. (er, ) (Entered: 03/28/2006)
03/30/200625 REPORT AND ORDER OF PROBATION OFFICER AS TO BEF CORP. THAT THE ISSUANCE OF A SUMMONS DIRECTING THE NAMED PROBATIONER TO APPEAR AT A PROBATION REVOCATION HEARING . Signed by Judge JAMES KNOLL GARDNER on 3/23/06.3/30/06 Entered. (ke) (Entered: 03/30/2006)
03/31/200626PRAECIPE TO WITHDRAW APPEARANCE FILED BY ROBERT J. DONATONI, ESQ., AS TO BEF CORP., ELWARD B. BREWER. (ke) (Entered: 04/03/2006)
04/05/200628AMENDED HEARING ON PETITION FOR REVOCATION as to BEF CORP., ELWARD B. BREWER: a Hearing in the above cases has been continued to 5/17/06 at 1:30 p.m. before the Hon. James Knoll Gardner, U. S. Courthouse, Courtroom 4A, Allentown, PA, etc. (er, ) (Entered: 04/05/2006)
05/05/200629 TRANSCRIPT of Proceedings RE: GUILTY PLEA HEARINGS as to BEF CORP., ELWARD B. BREWER held on 11/12/04 before Judge GARDNER. Court Reporter: ESR. (ke) (Entered: 05/05/2006)
05/16/200630NOTICE OF ATTORNEY APPEARANCE PATRICK J. REILLY appearing for BEF CORP., ELWARD B. BREWER (Attachments: # 1 Certificate of Service)(REILLY, PATRICK) (Entered: 05/16/2006)
05/17/200631ORDER AS TO BEF CORP., ELWARD B. BREWER THAT THE PRAECIPE TO WITHDRAW APPEARANCE IS GRANTED. IT IS FURTHER ORDERED THAT THE APPEARANCE OF ROBERT J. DONATONI, ESQ. AS COUNSEL FOR EACH DEFT. IS WITHDRAWN. IT IS FURTHER ORDERED THAT THE CLERK OF COURT SHALL MARK THE DOCKET ACCORDINGLY. SIGNED BY JUDGE JAMES KNOLL GARDNER on 5/17/06.5/17/06 Entered and Copies Mailed, E-Mailed and Faxed by Courtroom Deputy. (er, ) (Entered: 05/17/2006)
05/17/2006  Attorney update in case as to BEF CORP., ELWARD B. BREWER. Attorney ROBERT J. DONATONI terminated. (er, ) (Entered: 05/17/2006)
05/18/200632 Minute Entryfor proceedings held before Judge JAMES KNOLL GARDNER Violation of Probation Hearing as to BEF CORP., ELWARD B. BREWER held on 5/17/2006. Matter to be rescheduled for further proceedings. Court Reporter ESR.(er, ) (Entered: 05/18/2006)
09/01/200633 MOTION for Order , Jointly Filed, Disposing of Pending Probation Revocation Petitions by USA as to BEF CORP., ELWARD B. BREWER. (Attachments: # 1 Text of Proposed Order Proposed Order)(HALL, CHRISTOPHER) (Entered: 09/01/2006)
09/01/200634 MOTION to Withdraw as Attorney and for Entry of Appearance by Christopher R. Hall. by USA as to BEF CORP., ELWARD B. BREWER. (HALL, CHRISTOPHER) Modified on 9/5/2006 (cmc). (WRONG ENTRY- ATTY TO REFILE) (Entered: 09/01/2006)
09/08/200635Withdrawal of CHRISTOPHER R. HALL, AUSA; NOTICE OF ATTORNEY APPEARANCE JOSEPH F. MINNI appearing for USA. (MINNI, JOSEPH) Modified on 9/11/2006 (cmc, ). (Entered: 09/08/2006)
11/17/200636 ORDER AS TO BEF CORP., ELWARD B. BREWER THAT THE COURT FINDS THAT DEF. BEF CORP. HAS VIOLATED THE TERMS OF ITS PROBATION BY FAILURE TO PAY ANY PORTION OF THE $350,000 FINE OR $150,000 FORFEITURE IMPOSED, ETC. SIGNED BY JUDGE JAMES KNOLL GARDNER on 11/13/06.11/17/06 Entered and Copies Mailed, E-Mailed and Faxed by Courtroom Deputy. (er, ) (Entered: 11/17/2006)
01/31/200837 MOTION for Judgment and Final Order of Forfeiture CERTIFICATE OF SERVICE by USA as to BEF CORP., CERT.OF SERVICE, (Proposed Order). (MINNI, JOSEPH) Modified on 2/1/2008 (cmc). (Entered: 01/31/2008)
04/21/200838JUDGMENT AND FINAL ORDER OF FORFEITURE AS TO BEF CORP. THAT ALL RIGHT, TITLE AND INTEREST OF ALL PERSONS, THEIR HEIRS AND ASSIGNS IN THE CURRENCY LISTED I THE ORDER OF FORFEITURE DATED NOVEMBER 13, 2006, AND, IN PARTICULAR, APPROXIMATELY $15,000 IN THE U.S. CURRENCY IS FULLY AND FINALLY FORFEITED TO THE U.S.A. PURSUANT TO 18 U.S.C. 981 AND 28 U.S.C. 2461; IT IS FURTHER ORDERED THAT ALL RIGHT, TITLE AND INTEREST OF ALL PERSONS, THEIR HEIRS AND ASSIGNS IN THE CURRENCY LISTED IN THE ORDER OF FORFEITURE DATED NOVEMBER 13, 2006, AND DESCRIBED ABOVE, IS VESTED IN THE U.S.A.; IT IS FURTHER ORDERED THAT THE U.S. DEPARTMENT OF HOMELAND SECURITY, CUSTOMS AND BORDER PROTECTION SERVICE, SHALL DISPOSE OF THE FORFEITED CURRENCY I ACCORDANCE WITH THE LAW AND THE RULES OF THIS COURT. MOTIONS TERMINATED AS TO BEF CORP.: 37 MOTION for Judgment AND FINAL ORDER OF FORFEITURE CERTIFICATE OF SERVICE FILED BY USA. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 4/17/08.4/21/08 Entered and Copies Mailed, E-Mailed and Faxed BY COURTROOM DEPUTY. (mas, ) (Entered: 04/21/2008)