Gallas,Termed

U.S. District Court
Northern District of Ohio (Cleveland)
CRIMINAL DOCKET FOR CASE #: 1:07-cr-00331-SL-2


Case title: United States of America v. Beacon et al

Date Filed: 06/06/2007
Date Terminated: 03/20/2008

Assigned to: Judge Sara Lioi

Defendant (2)
Beacon Agency, Inc.
TERMINATED: 03/20/2008
represented byJ. Timothy Bender
Rotatori Bender
800 Leader Bldg.
526 Superior Avenue, E
Cleveland, OH 44114
216-928-1010
Fax: 216-928-1007
Email: tbender@rotatori.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

N. Stevens Newcomer
7130 Spring Meadows West Drive
Holland, OH 43528
419-467-5360
Email: nsnewcomeratty@sbcglobal.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:1341 and 2 Mail Fraud and Aiding and Abetting
(1-6)
5 years probation on each of counts 1-6, to run concurrently. Fine waived. Restitution $557,650.00, jointly and severally with co-defendant Vincent E. Beacon. Special assessment $400.00 on each count, for a total of $2,400.00

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
United States of America represented byJames C. Lynch
Office of the U.S. Attorney - Cleveland
Ste. 400
801 Superior Avenue, W
Cleveland, OH 44113
216-622-3846
Fax: 216-522-8354
Email: james.c.lynch@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
06/06/2007UNSEALED INDICTMENT as to Vincent E. Beacon (1) count(s) 1-6, Beacon Agency, Inc. (2) count(s) 1-6. (Attachments: # 1 Designation Form/Foreperson Signature Page) (S,R) Unsealed per Order dated 6/7/07 (L, V). Modified on 6/7/2007 (Miller, Thomas). (Entered: 06/06/2007)
06/06/2007 Motion to Seal Case by United States of America as to Vincent E. Beacon, Beacon Agency, Inc. (S,R) (Entered: 06/06/2007)
06/06/2007Order granting Government's 3 Motion to Seal Case as to Vincent E. Beacon (1) and Beacon Agency, Inc. (2). Case to be unsealed upon arrest of any defendant. Signed by Magistrate Judge William H. Baughman, Jr. on 6/6/07. (S,R) Modified on 6/6/2007 (S, R). (Entered: 06/06/2007)
06/06/2007  Random Assignment of Magistrate Judge pursuant to Local Criminal Rule 57.9. In the event of a referral, case will be assigned to Magistrate Judge Gallas. (S,R) (Entered: 06/06/2007)
06/07/2007Order to Unseal Indictment and case as to Vincent E. Beacon, Beacon Agency, Inc. Signed by Magistrate Judge Vernelis K. Armstrong on 6/7/2007. (S,PA) (Entered: 06/07/2007)
06/07/2007Minutes of proceedings before Magistrate Judge Vernelis K. Armstrong.Initial Appearance / Arraignment as to Vincent E. Beacon (1) Count 1-6 held on 6/7/2007; Defendant Vincent E. Beacon pled Not Guilty to each of the 6 Counts in the Indictment; Jury Trial set for 7/30/2007 09:00 AM in Courtroom 530 before Hon. Sara Lioi. Pretrial Conference set for 7/13/2007 02:00 PM in Akron before Hon. Sara Lioi; Detention Hearing set for 6/12/2007 11:00 AM in Courtroom 530 before Hon. Sara Lioi.(Court Reporter ECRO/Pam Armstrong) (S,PA) Modified text on 6/12/2007 (P, S). (Entered: 06/07/2007)
06/07/2007  Minutes of proceedings [non-document] before Magistrate Judge Vernelis K. Armstrong. Two Telephone Conferences as to Vincent E. Beacon, Beacon Agency, Inc. held on 6/7/2007. (S,PA) (Entered: 06/07/2007)
06/12/2007  Minutes of proceedings [non-document] before Judge Sara Lioi. Arraignment held on 6/12/07 as to Beacon Agency, Inc. (Counts 1-6). Attorney James Lynch appeared for the government, and attorneys J. Scott Broome and J. Timothy Bender appeared for defendant for the purpose of arraignment only. Attorneys William Lindsley and Steve Newcomer will enter appearance on behalf of Beacon Agency, Inc. for further proceedings. Plea of not guilty entered. Jury Trial set for 8/6/2007 at 9:00 a.m. in Courtroom 530 before Hon. Sara Lioi. Pretrial Conference set for 7/13/2007 at 2:00 p.m.. Trial order to follow. (Court Reporter Lori Callahan) Time: 20 minutes.(P, S) (Entered: 06/12/2007)
06/12/2007Trial Order as to Vincent E. Beacon and Beacon Agency, Inc.. Pretrial Conference set for 7/13/2007 at 2:00 p.m. in Courtroom 530. Jury Trial set for 8/6/2007 at 9:00 a.m. in Courtroom 530. Signed by Judge Sara Lioi on 6/12/07.(P, S) (Entered: 06/12/2007)
06/22/200711 Transcript of Arraignment/Detention Proceedings as to Vincent E. Beacon, Beacon Agency, Inc. held on 6/22/07 before Judge Lioi filed manually. To obtain a bound copy of this transcript please contact Court Reporter Lori Callahan at 330-819-8676. Complete document on file, 54 pages. (S,T) (Entered: 06/26/2007)
07/02/200718  Motion to Continue Trial and Pretrial by United States of America as to Vincent E. Beacon, Beacon Agency, Inc.. (Lynch, James) (Entered: 07/02/2007)
07/02/200719 Response by United States of America in opposition to Motion for disclosure of discovery materials 17 , Motion for Disclosure of "Other Acts" Evidence 15 as to Vincent E. Beacon, Beacon Agency, Inc. (Lynch, James) Modified on 7/18/2007 response linked to wrong motion. (S, J). (Entered: 07/02/2007)
07/02/200720 Response by United States of America in opposition to Motion for Bill of Particulars 12 as to Vincent E. Beacon, Beacon Agency, Inc. (Lynch, James) (Entered: 07/02/2007)
07/05/2007  Notice of Hearing [non-document] as to Vincent E. Beacon and Beacon Agency, Inc. Pretrial Conference rescheduled for 7/18/2007 at 10:00 a.m., in Courtroom 530, 2 South Main Street, Akron, Ohio, before Judge Sara Lioi. (Related document(s) 9 , 18 ). (S,S) (Entered: 07/05/2007)
07/18/2007  Minutes of proceedings [non-document] before Judge Sara Lioi. Pretrial Conference as to Vincent E. Beacon and Beacon Agency, Inc. held on 7/18/07. Attorney James Lynch appeared on behalf of the government, Attorneys J. Tim Bender and J. Scott Broome appeared on behalf of Vincent Beacon. Attorney Steve Newcomer appeared via telephone on behalf of Beacon Agency, Inc. Attorney Newcomer is to file a notice of appearance by 7/23/07. The defendant executed a waiver of speedy trial. The jury trial is rescheduled and will take place on 10/9/07 at 8:00 a.m. in Courtroom 530 and the pretrial conference is rescheduled to 9/20/07 12:00 noon in Courtroom 530. Time: 1 hour (Court Reporter Cynthia Lee) (M,V) (Entered: 07/18/2007)
07/18/200723 Order/Waiver of Speedy Trial as to Beacon Agency, Inc. As grounds for continuance, the Court finds that the end of justice served by the motion for continuance outweigh the best interest of the public and defendant in a speedy trial. Signed by Judge Lioi on 7/18/07. (B,IE) (Entered: 07/18/2007)
07/18/200724 Order granting the government's motion for continuance of the trial set for 8/6/07 Related Document 18 . A final pretrial is scheduled for 9/20/07 at 12:00 noon and the jury trial is set for 10/9/07 at 8:00 a.m. This order is entered pursuant to 18 U.S.C. 3161, in that the ends of justice served by the granting of this continuance outweigh the best interests of the public and the defendant in a speedy trial, which requires the change in the trial date. Signed by Judge Sara Lioi on 7/18/07. (M,V) (Entered: 07/18/2007)
07/18/2007  Order [non-document] entered by Judge Sara Lioi on 7/18/07 denying as moot defendant Vincent Beacon's motions for bill of particulars, for disclosure of "other acts" evidence and for disclosure of immunity or other promises or inducements to witnesses. 12 , 14 , 15 . Defendant's motion for disclosure of discovery materials is denied 17 . (M,V) (Entered: 07/18/2007)
09/20/2007  Minutes of proceedings [non-document] before Judge Sara Lioi. AUSA James Lynch present. Attorneys J. Timothy Bender, J. Scott Broome, N. Stevens Newcomer, and David Leopold present for defendants. Pretrial Conference as to Vincent E. Beacon and Beacon Agency, Inc. held on 9/20/2007. Defendant Vincent Beacon requested continuance of trial. Counsel for Beacon Agency joins in motion. Motion granted. Court finds ends of justice served by continuance. Parties are in negotiations to finalize a plea agreement. Counsel request a pre-plea Presentence Report to be ordered. Court orders a pre-plea Presentence Report and refers defendants to Probation for preparation of report. Court requests counsel to forward a copy of the plea agreement to Probation. Defendants execute waivers of speedy trial. Guilty plea and sentencing scheduled for 12/6/2007 at 10:00 a.m. Bond continued. (Court Reporter Richard DelMonico) (P,J) (Entered: 09/20/2007)
09/20/200738 Order to Continue - Ends of Justice as to Beacon Agency, Inc. Signed by Judge Sara Lioi on 9/20/2007. (P,J) (Entered: 09/20/2007)
09/20/200739 Notice of Guilty Plea Hearing and Sentencing as to Vincent E. Beacon and Beacon Agency, Inc. set for 12/6/2007 at 10:00 AM before Hon. Sara Lioi. (P,J) (Entered: 09/20/2007)
12/03/200741 Unopposed Motion to Continue Sentencing by Vincent E. Beacon as to Vincent E. Beacon, Beacon Agency, Inc.. (Broome, J.) (Entered: 12/03/2007)
12/04/2007  Order [non-document] granting defendants' motion to continue sentencing (Related Doc # 41 ); Change of Plea Hearing and Sentencing rescheduled for 1/25/2008 at 12:30 PM before Judge Sara Lioi. There will be no further extensions granted. Approved by Judge Sara Lioi on 12/4/2007. (P,J) (Entered: 12/04/2007)
01/24/2008  Minutes of proceedings [non-document]. Telephone conference held on 1/24/2008 before Judge Sara Lioi. AUSA James Lynch present. Defense Attorneys J. Timothy Bender, J. Scott Broome, N. Stevens Newcomer, and David Leopold present. The Court discussed with counsel the motion for continuance of sentencing filed by defendant Vincent Beacon (Related Doc # 43 ). The Court grants defendant's motion. The guilty plea and sentencing scheduled for 1/25/2008 at 12:30 p.m. is changed to a pretrial hearing. Defendants will sign new waivers of speedy trial. The hearing will be conducted by videoconference, with counsel and defendant appearing in Cleveland in Courtroom 19A. Counsel are to notify the Court of their availability to reschedule the guilty plea and sentencing to either February 12, 13, or 14, 2008. (Time: 20 minutes) (Court Reporter None) (P,J) (Entered: 01/24/2008)
01/24/2008  Order [non-document] granting defendant's motion to continue sentencing (Related Doc # 43 ). Counsel are to notify the Court of their availability to reschedule the guilty plea and sentencing to either February 12, 13, or 14, 2008. Approved by Judge Sara Lioi on 1/24/2008. (P,J) (Entered: 01/24/2008)
01/25/2008  Minutes of proceedings [non-document] before Judge Sara Lioi. AUSA James Lynch present. Attorneys J. Timothy Bender and J. Scott Broome present. Pretrial Conference as to Vincent E. Beacon and Beacon Agency, Inc. held on 1/25/2008 in Cleveland. Court discussed defendant's motion for continuance (Related Doc # [ 43]). Court grants motion to continue. Waiver of speedy trial signed by defendants. Change of Plea and Sentencing set for 2/14/2008 at 11:00 AM in Courtroom 442 before Judge Sara Lioi. Time: 10 minutes. (Court Reporter Heidi Geizer) (P,J) (Entered: 01/25/2008)
01/25/200845 Order to Continue - Ends of Justice (Waiver of rights to speedy trial) as to Beacon Agency, Inc. Signed by Judge Sara Lioi on 1/25/2008. (P,J) (Entered: 01/25/2008)
01/25/200846 Notice of Change of Plea Hearing and Sentencing as to Vincent E. Beacon and Beacon Agency, Inc. set for 2/14/2008 at 11:00 AM in Courtroom 442 before Judge Sara Lioi. (P,J) (Entered: 01/25/2008)
02/14/200849  Corporate Resolution as to Beacon Agency, Inc. authorizing Vincent E. Beacon to enter a plea of guilty on behalf of Beacon Agency, Inc. (P,J) (Entered: 02/14/2008)
02/14/2008  Minutes of proceedings [non-document] before Judge Sara Lioi. AUSA James Lynch present. Attorneys J. Timothy Bender, J. Scott Broome, N. Stevens Newcomer, and David Leopold present. Change of Plea Hearing as to Beacon Agency, Inc. held on 2/14/2008. Plea of guilty entered to counts 1-6 of indictment by defendant Vincent E. Beacon on behalf of Beacon Agency, Inc. Plea agreement entered. Presentence Investigation Report has already been prepared. Bond continued. Sentencing rescheduled to 3/14/2008 at 10:30 a.m. Time: 45 minutes. (Court Reporter Caroline Mahnke) (P,J) (Entered: 02/14/2008)
02/14/200850 Plea Agreement as to Beacon Agency, Inc. (P,J) (Entered: 02/14/2008)
02/14/200851 Notice of Sentencing as to Beacon Agency, Inc. set for 3/14/2008 at 10:30 AM in Courtroom 442 before Judge Sara Lioi. (P,J) (Entered: 02/14/2008)
03/14/200853 Minutes of proceedings before Judge Sara Lioi. AUSA James Lynch present. Attorney N. Stevens Newcomer present. Sentencing held on 3/14/2008 for Beacon Agency, Inc.: 5 years probation on each of counts 1-6, to run concurrently. Fine waived. Restitution $557,650.00, jointly and severally with co-defendant Vincent E. Beacon. Special assessment $400.00 on each count, for a total of $2,400.00. (Court Reporter Caroline Mahnke) (P,J) (Entered: 03/14/2008)
03/20/200855 Judgment as to Beacon Agency, Inc.: 5 years probation on each of counts 1-6, to run concurrently. Fine waived. Restitution $557,650.00, jointly and severally with co-defendant Vincent E. Beacon. Special assessment $400.00 on each count, for a total of $2,400.00. Signed by Judge Sara Lioi on 3/20/2008. (P,J) (Entered: 03/20/2008)