U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CRIMINAL DOCKET FOR CASE #: 4:08-cr-00033-1


Case title: USA v. B Navi Ship Management Services

Date Filed: 01/25/2008
Date Terminated: 07/22/2008

Assigned to: Judge Keith P Ellison

Defendant (1)
B Navi Ship Management Services
On Bond
TERMINATED: 07/22/2008
represented byBrian T McCarthy
Chalos O'Connor and Duffy
366 Main St
Port Washington, NY 11050
516-767-3600
Fax: 516-767-3605
Email: bmccarthy@codus-law.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

George M Chalos
Chalos and Co
123 South Street
Oyster Bay, NY 11771
516-714-4300
Fax: 516-750-9051
Email: gmc@chaloslaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Michael K Bell
Bell Ryniker et al
5847 San Felipe
Ste 4600
Houston, TX 77057
713-402-7630
Fax: 713-871-8844
Email: mkbell@brlpc.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
ACT TO PREVENT POLLUTION FROM SHIPS
(1)
36 Months Probation; Total Fine of $1,200,000.00; Community Service payment of $300,000.00 payable to upon receipt of the Community Service payment from the Defendant, the Clerk of Court shall mail, or otherwise transmit, a check payable in the amount specified above to the attention of Ms. Donna McNamara at the National Fish and Wildlife Foundation, 1120 Connecticut Avenue, NW, Suite 900, Washington, DC 20036.; $300,000 is attributable to the APPS charge contained in Count One of the Information. APPS contains a provision that provides the Court with the discretion to award up to one-half the fine imposed for a criminal violation of APPS \"to the person giving information leading to conviction.\" The Defendant is further ordered to pay a fine in the amount of $1,200,000 to the Clerk of Court for the United States District Court for the Southern District of Texas. Pursuant to the United States Motion and Title 33, United States Code, Section 1908(a), this Court awards: $85,000 to Edwin Fuego, and, $43,000 each to Jason Bolatete, Ronaldo Conde, Reynoldo Pailanan, Joseph Ricaforte, and Isidro Santiago. $800.00 SA; Right to appeal has been waived.
FALSE STATEMENTS TO FEDERAL AGENCIES AND AGENTS
(2)
36 Months Probation; Total Fine of $1,200,000.00; Community Service payment of $300,000.00 payable to upon receipt of the Community Service payment from the Defendant, the Clerk of Court shall mail, or otherwise transmit, a check payable in the amount specified above to the attention of Ms. Donna McNamara at the National Fish and Wildlife Foundation, 1120 Connecticut Avenue, NW, Suite 900, Washington, DC 20036.; $300,000 is attributable to the APPS charge contained in Count One of the Information. APPS contains a provision that provides the Court with the discretion to award up to one-half the fine imposed for a criminal violation of APPS \"to the person giving information leading to conviction.\" The Defendant is further ordered to pay a fine in the amount of $1,200,000 to the Clerk of Court for the United States District Court for the Southern District of Texas. Pursuant to the United States Motion and Title 33, United States Code, Section 1908(a), this Court awards: $85,000 to Edwin Fuego, and, $43,000 each to Jason Bolatete, Ronaldo Conde, Reynoldo Pailanan, Joseph Ricaforte, and Isidro Santiago. $800.00 SA; Right to appeal has been waived.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byHoward P Stewart
United States Department of Justice
Environmental Crimes Section
601 D Street, N.W.
Suite 2014
Washington, DC 20004
202-305-0334
Fax: 202-305-0396 fax
Email: howard.stewart@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Financial Litigation
U S Attorney's Office
Southern District of Texas
P O Box 61129
Houston, TX 77208
713-567-9000
Fax: 713-718-3391 fax
Email: flu.usatxs-@usdoj.gov
ATTORNEY TO BE NOTICED
Designation: Retained

US Marshal - H
515 Rusk
10th Floor
Houston, TX 77002
713-718-4800
Fax: 713-718-4848
ATTORNEY TO BE NOTICED
Designation: Retained

US Pretrial Svcs - H
515 Rusk
6th Floor
Houston, TX 77002
713-250-5218
Fax: 713-250-5666
ATTORNEY TO BE NOTICED
Designation: Retained

US Probation - H
515 Rusk
2nd Floor
Houston, TX 77002
713-250-5266
Fax: INS_prob1
ATTORNEY TO BE NOTICED
Designation: Retained

Date Filed #Docket Text
01/25/2008INFORMATION as to B Navi Ship Management Services (1) count(s) 1, 2, filed. (blacy, ) (Entered: 01/25/2008)
01/25/2008US Attys Criminal Docket Sheet as to B Navi Ship Management Services, filed.(blacy, ) (Entered: 01/25/2008)
01/28/2008ORDER for Issuance of Summons as to B Navi Ship Management Services ( Signed by Judge Calvin Botley ) Parties notified. (cpeebles, ) (Entered: 01/28/2008)
01/31/2008NOTICE OF SETTING as to B Navi Ship Management Services. Arraignment set for 2/27/2008 at 10:30 AM in Courtroom 3A before Judge Keith P Ellison Initial Appearance set for 2/7/2008 at 10:30 AM in Courtroom 3A before Judge Keith P Ellison...., filed. (svaught) (Entered: 01/31/2008)
02/01/2008NOTICE OF RESETTING as to B Navi Ship Management Services. Arraignment set for 2/7/2008 at 10:30 AM in Courtroom 3A before Judge Keith P Ellison...., filed. (svaught) (Entered: 02/01/2008)
02/01/2008NOTICE of Appearances for Senior Litigation Counsel Howard P. Stewart and Trial Attorney James B. Nelson, Environmental Crimes Section, United States Department of Justice by USA as to B Navi Ship Management Services, filed.(Miller, William) (Entered: 02/01/2008)
02/07/2008  Attorney update in case as to B Navi Ship Management Services. Attorney George M Chalos for B Navi Ship Management Services, Michael K Bell for B Navi Ship Management Services added. (svaught) (Entered: 02/07/2008)
02/07/2008Minute Entry for proceedings held before Judge Keith P Ellison : INITIAL APPEARANCE as to B Navi Ship Management Services, (Deft informed of rights) held on 2/7/2008. Appearances: Michael K Bell, George M Chalos, Howard P Stewart.(Court Reporter: Carlisle-Neisser), filed.(rvazquez, ) (Entered: 02/07/2008)
02/07/2008Minute Entry for proceedings held before Judge Keith P Ellison : RE-ARRAIGNMENT held on 2/7/2008. B Navi Ship Management Services (1) Guilty Count 1,2. Formal plea agreement entered into and executed on even date herewith. Plea Agreement contains waiver of appeal rights. Order for PSI setting Disclosure and Sentencing dates signed. Sentencing set for 4/23/2008 at 10:30 a.m. Appearances: Michael K Bell, George M Chalos, Howard P Stewart, US Marshal - H.(Court Reporter: Carlisle-Niesser) (Interpreter:No) Deft continued on Bond, filed.(svaught) (Entered: 02/07/2008)
02/07/2008WAIVER OF INDICTMENT by B Navi Ship Management Services, filed.(svaught) (Entered: 02/07/2008)
02/07/200810 SENTENCING DATA SHEET by B Navi Ship Management Services, filed.(svaught) (Entered: 02/07/2008)
02/07/200811 Factual Basis as to B Navi Ship Management Services, filed. (svaught) (Entered: 02/07/2008)
02/07/200812  ORDER for Presentence Investigation and Disclosure & Sentencing Dates as to B Navi Ship Management Services. PSI Completion due by 3/12/2008 Objection to PSI due by 3/26/2008 Final PSI due by 4/9/2008 Sentencing set for 4/23/2008 at 10:30 AM in Courtroom 3A before Judge Keith P Ellison( Signed by Judge Keith P Ellison ) Parties notified. (svaught) (Entered: 02/07/2008)
02/07/200813 PLEA AGREEMENT as to B Navi Ship Management Services, filed. (Attachments: # 1 Attachment A# 2 Attachment B)(ypippin, ) (Entered: 02/11/2008)
02/13/200814 Summons Returned Executed on 1/30/2008 as to B Navi Ship Management Services, filed. (ghassan) (Entered: 02/14/2008)
02/13/200815 Summons Returned Executed on 1/30/08 as to B Navi Ship Management Services, filed. (cpeebles, ) (Entered: 02/15/2008)
03/17/200816  ORDER RESETTING SENTENCING as to B Navi Ship Management Services. PSI Completion due by 5/28/2008. Sentencing set for 7/9/2008 at 10:30 AM in Courtroom 3A before Judge Keith P Ellison( Signed by Judge Keith P Ellison ) Parties notified. (csonnier, ) (Entered: 03/17/2008)
06/20/200817  MOTION APPS Award by USA as to B Navi Ship Management Services, filed. (Poux, Joseph) (Entered: 06/20/2008)
06/20/200818  MOTION for Leave to Appear as Attorney: James B. Nelson by USA as to B Navi Ship Management Services, filed. (Poux, Joseph) (Entered: 06/20/2008)
06/24/200819  RESPONSE by USA as to B Navi Ship Management Services Draft PSR, filed.(Poux, Joseph) (Entered: 06/24/2008)
06/26/200820 OBJECTION by B Navi Ship Management Services re 19 Response to Draft PSR, filed. (Attachments: # SEALED (1) Exhibit 1- Pre-Sentence Investigation Report (6-11-2008), # 2 Exhibit 2-Safety Management Manual (Policy) and Ship Operation Manual Section 2, # 3 Exhibit 3 - Letter to SPO Foxx (3-24-2008))(Bell, Michael) Modified on 7/2/2008 (svaught, ). (Entered: 06/26/2008)
06/26/200821  MOTION for Michael G. Chalos to Appear Pro Hac Vice by B Navi Ship Management Services, filed. (Bell, Michael) (Entered: 06/26/2008)
06/26/200822  MOTION for Brian T. McCarthy to Appear Pro Hac Vice by B Navi Ship Management Services, filed. (Bell, Michael) (Entered: 06/26/2008)
06/27/200823 Order GRANTING 21 Motion to Appear Pro Hac Vice as to Michael Chalos for B Navi Ship Management Services (1).(Signed by Judge Keith P Ellison.) Parties notified.(csonnier, ) (Entered: 06/27/2008)
06/27/200824 Order GRANTING 22 Motion to Appear Pro Hac Vice as to Brian McCarthy for B Navi Ship Management Services (1).(Signed by Judge Keith P Ellison.) Parties notified.(csonnier, ) (Entered: 06/27/2008)
07/03/200825 Final Presentence Investigation Report (Sealed) as to B Navi Ship Management Services, filed. (ticlark, ) (Entered: 07/03/2008)
07/03/200826 Confidential Sentencing Recommendation(Sealed) regarding B Navi Ship Management Services, filed. (ticlark, ) (Entered: 07/03/2008)
07/03/200827 Sealed Addendum to 25 Final Presentence Investigation Report (Sealed) as to B Navi Ship Management Services, filed. (ticlark, ) (Entered: 07/03/2008)
07/09/2008  Minute Entry for proceedings held before Judge Keith P Ellison: Sentencing held on 7/9/2008 for B Navi Ship Management Services (1), Count(s) 1, 36 Months Probation; Total Fine of $1,200,000.00 The Defendant is further ordered to pay a fine in the amount of $1,200,000 to the Clerk of Court for the United States District Court for the Southern District of Texas.; Community Service payment of $300,000.00 payable to upon receipt of the Community Service payment from the Defendant, the Clerk of Court shall mail, or otherwise transmit, a check payable in the amount specified above to the attention of Ms. Donna McNamara at the National Fish and Wildlife Foundation, 1120 Connecticut Avenue, NW, Suite 900, Washington, DC 20036.; $300,000 is attributable to the APPS charge contained in Count One of the Information. APPS contains a provision that provides the Court with the discretion to award up to one-half the fine imposed for a criminal violation of APPS "to the person giving information leading to conviction." Pursuant to the United States Motion and Title 33, United States Code, Section 1908(a), this Court awards: $85,000 to Edwin Fuego, and, $43,000 each to Jason Bolatete, Ronaldo Conde, Reynoldo Pailanan, Joseph Ricaforte, and Isidro Santiago. $800.00 SA; Right to appeal has been waived.; Count(s) 2, 36 Months Probation; Total Fine of $1,200,000.00; Community Service payment of $300,000.00 payable to upon receipt of the Community Service payment from the Defendant, the Clerk of Court shall mail, or otherwise transmit, a check payable in the amount specified above to the attention of Ms. Donna McNamara at the National Fish and Wildlife Foundation, 1120 Connecticut Avenue, NW, Suite 900, Washington, DC 20036.; $300,000 is attributable to the APPS charge contained in Count One of the Information. APPS contains a provision that provides the Court with the discretion to award up to one-half the fine imposed for a criminal violation of APPS "to the person giving information leading to conviction." Pursuant to the United States Motion and Title 33, United States Code, Section 1908(a), this Court awards:$85,000 to Edwin Fuego, and, $43,000 each to Jason Bolatete, Ronaldo Conde, Reynoldo Pailanan, Joseph Ricaforte, and Isidro Santiago. $800.00 SA; Right to appeal has been waived. 17 MOTION APPS Award Appearances:James Nelson, Micahel Colmbe, Mark Contini. Michael K Bell, George M Chalos, US Marshal - H, US Probation - H.(Court Reporter: Warner) Deft continued on Bond, filed.(svaught) (Entered: 07/09/2008)
07/09/200828 ORDER as to fine and an community service restitution as to B Navi Ship Management Services (Signed by Judge Keith P Ellison) Parties notified. (svaught) (Entered: 07/09/2008)
07/10/2008  Bond payment received for B Navi Ship Management Services paid by BELL, RYNIKER & LETOURNEAU, PC, receipt number 4-593335 for $1,200,000.00, filed. (ejones, ) (Entered: 07/10/2008)
07/10/2008  Bond payment received for B Navi Ship Management Services paid by BELL, RYNIKER & LETOURNEAU, PC, receipt number 4-593334 for $300,000.00, filed. (ejones, ) (Entered: 07/10/2008)
07/22/200829 JUDGMENT as to B Navi Ship Management Services. (Signed by Judge Keith P Ellison) Parties notified. (chorace) (Entered: 07/23/2008)
07/22/200830 Statement of Reasons (Sealed) as to B Navi Ship Management Services, filed. (Entered: 07/23/2008)
08/14/2008  Payment issued to NATIONAL FISH AND WILDLIFE FOUNDATION FOR $300,000.00; EDWIN FUEGO for $85,000.00; JASON BOLATETE, RONALDO CONDE, REYNOLDO PAILANAN, JOSEPH RICAFORTE, ISIDRO SANTIAGO for $43,000.00 each per order dated July 9, 2008., filed. (sgreen, ) (Entered: 08/14/2008)
10/16/200831 SATISFACTION OF JUDGMENT by USA as to B Navi Ship Management Services, filed.(pjameson, ) (Entered: 10/17/2008)
05/04/200932 PROBATION FORM 12A Report on Offender Under Supervision No Court Action Requested as to B Navi Ship Management Services. Court concurs with recommended action..(Signed by Judge Keith P Ellison) Parties notified. (jdav, ) (Entered: 05/05/2009)