CLOSED

U.S. District Court
District of Rhode Island (Providence)
CRIMINAL DOCKET FOR CASE #: 1:06-cr-00146-T-DLM All Defendants


Case title: USA v. Berkeley Transportation Company, Inc.

Date Filed: 12/28/2006
Date Terminated: 06/19/2007

Assigned to: Judge Ernest C. Torres
Referred to: Magistrate Judge David L. Martin

Defendant (1)
Berkeley Transportation Company, Inc
TERMINATED: 06/19/2007
represented byJames W. Ryan
Partridge Snow & Hahn LLP
180 South Main Street
Providence, RI 02903
861-8200
Fax: 861-8210
Email: jwr@psh.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
42:6928(d)(1) - KNOWINGLY TRANSPORTED HAZARDOUS WASTE TO AN UNPERMITTED FACILITY
(1-2)
3 years probation. Special conditions: Defendant shall pay $35,000.00 to the Rhode Island Department of Environmental Management, Environmental Response Fund. The defendant shall not claim this expenditure for income tax return purposes as a deductible expense or otherwise offset its income tax liability.; Within 60 days, the defendant shall establish an environmental compliance program. This program shall include but is not limited to, hiring an independent auditor or consultant to perform annual reviews of the defendant's compliance with state and local environmental regulations. The environmental compliance program shall be reviewed and monitored by the U.S. Probation Office. The auditor or consultant shall provide any reports, reviews or findings to the U.S. Probation Office. $40,000.00 fine on each count, $80,000.00 total. Special assessment of $400.00 on each count, $800.00 total.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Interested Party
Lloyd B. Clark Trust
TERMINATED: 06/19/2007
represented byJohn C. Manni
1405 Plainfield St.
Johnston, RI 02919
944-2647
Fax: 942-8322
Email: fmanni@1405lawoffices.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained


Plaintiff
USA represented byAdi Goldstein
U.S. ATTORNEY'S OFFICE
Fleet Center
50 Kennedy Plaza
8th Floor
Providence, RI 02903
709-5000
Fax: 709-5001
Email: adi.goldstein@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
12/28/20061INFORMATION as to Berkeley Transportation Company, Inc. (1) count(s) 1-2. (Attachments: # 1 Criminal Cover Sheet) (Noel, Jeannine) (Entered: 12/28/2006)
12/28/20062PLEA AGREEMENT as to Berkeley Transportation Company, Inc. (Noel, Jeannine) (Entered: 12/28/2006)
12/28/2006  Summons Issued in case as to Berkeley Transportation Company, Inc. Arraignment set for 1/3/2007 10:00 AM in Courtroom B before Magistrate Judge David L. Martin. (Noel, Jeannine) (Entered: 12/28/2006)
01/03/20073NOTICE OF ATTORNEY APPEARANCE: James W. Ryan appearing for Berkeley Transportation Company, Inc (Saucier, Martha) (Entered: 01/03/2007)
01/03/2007  Minute Entry for proceedings held before Magistrate Judge David L. Martin :Arraignment as to Berkeley Transportation Company, Inc (1) Count 1-2 held on 1/3/2007. Adi Goldstein for the government; James W. Ryan for the defendant; Maureen Bradley for probation. Court states the charges in the information; Court questions president of corporation Bradford Dean; Court informs corporation of its rights; Corporation waives indictment and the court accepts the waiver; Court enters a plea of not guilty as to both counts on behalf of the corporation. (Saucier, Martha) (Entered: 01/03/2007)
01/03/20074WAIVER OF INDICTMENT by Berkeley Transportation Company, Inc; accepted by Magistrate Judge David Martin (Saucier, Martha) (Entered: 01/03/2007)
01/04/20075Summons Returned Executed on 1/3/2007 as to Berkeley Transportation Company, Inc. (Leyva, Lucia) (Entered: 01/08/2007)
01/09/2007  NOTICE OF HEARING DEFENDANT REQUEST as to Berkeley Transportation Company, Inc: Change of Plea Hearing set for 2/15/2007 at 10:00 AM in Courtroom 3 before Judge Ernest C. Torres. (Jackson, Ryan) (Entered: 01/09/2007)
02/15/2007  Minute Entry for proceedings held before Judge Ernest C. Torres :Change of Plea Hearing as to Berkeley Transportation Company, Inc held on 2/15/2007, Plea entered by Berkeley Transportation Company, Inc (1) Guilty Count 1-2. Government: Adi Goldstein, AUSA; Defendant: James Ryan, Esq.; Probation: Barry Weiner. Counsel of record present. Defendant present. President of defendant corporation present as representative. Government summarizes nature of the charges, the elements, maximum potential penalties and the terms of the plea agreement. Court questions defendant as to authorization to enter plea on behalf of defendant corporation. Defendant sworn. Court questions defendant. Court reviews defendant's rights, the rights given up by entering a guilty plea and the difference between a guilty plea and a not guilty plea. Government summarizes the facts it would prove at trial. Court questions government as to proffer. Court finds that Bradford A. Dean is a duly authorized representative of the defendant corporation. The Court finds that the corporation understands the nature of the charges, the elements that would have to be proven and the maximum potential penalties. Further, the Court finds that the decision to enter a plea is voluntary and that there is a factual basis for a guilty plea. The Court accepts the plea of guilty and adjudges the defendant corporation guilty of the two offenses charge in the information. Sentencing set for Tuesday, May 29, 2007 at 9:15 a.m. (Court Reporter Debra D. Lajoie in Courtroom 3 at 10:12 a.m.) (Leyva, Lucia) (Entered: 02/15/2007)
02/15/2007  NOTICE OF HEARING - DEFENDANT'S PRESENCE REQUESTED as to Berkeley Transportation Company, Inc. Sentencing set for Tuesday, 5/29/2007 at 9:15 AM in Courtroom 3 before Judge Ernest C. Torres. (Leyva, Lucia) (Entered: 02/15/2007)
04/20/20076 MOTION to Allow Counsel to Accept Sentence for a Corporation by Berkeley Transportation Company, Inc. (Attachments: # 2 Appendix B)(Ryan, James) (Entered: 04/20/2007)
04/30/2007  Motions Forwarded to Chambers: 6 MOTION Allow Counsel to Accept Sentence for a Corporation (Jackson, Ryan) (Entered: 04/30/2007)
05/08/2007  TEXT ORDER granting 6 Motion to Allow Counsel to Accept Sentence for a Corporation Pursuant to FRCP 43(b)(1) as to Berkeley Transportation Company, Inc (1). So Ordered by Judge Ernest C. Torres on 5/8/07. (Jackson, Ryan) (Entered: 05/08/2007)
05/29/20077TRANSCRIPT REQUEST for proceedings held on May 29, 2007 before Judge Torres. (Ryan, James) (Entered: 05/29/2007)
05/29/2007  Minute Entry for proceedings held before Judge Ernest C. Torres :Sentencing held on 5/29/2007. Government: Adi Goldstein, AUSA; Defendant: James Ryan, Esq.; Claimant: John Manni, Esq. Counsel of record present. No objections to the PSR. Counsel present to represent claimant in regards to restitution. Court questions claimant. W-1, Terry Clark, sworn and questioned. Court continues hearing. 1 exhibit marked for ID. (Court Reporter Debra D. Lajoie in Courtroom 3 at 9:21 a.m.) (Leyva, Lucia) (Entered: 05/29/2007)
05/29/20078EXHIBIT AND WITNESS LIST from Sentencing hearing held 5/29/07 before Judge Ernest C. Torres as to Berkeley Transportation Company, Inc. (Leyva, Lucia) (Entered: 05/29/2007)
05/29/2007  NOTICE OF HEARING DEFENDANT REQUEST as to Berkeley Transportation Company, Inc. Sentencing (Continued) set for 6/12/2007 at 11:00 AM in Courtroom 3 before Judge Ernest C. Torres. (Leyva, Lucia) (Entered: 05/29/2007)
06/05/2007TRANSCRIPT of Proceedings (Sentencing) as to Berkeley Transportation Company, Inc held on May 29, 2007 before Judge Ernest C. Torres. Court Reporter: Debra D. Lajoie. (Leyva, Lucia) (Entered: 06/08/2007)
06/12/2007  Minute Entry for proceedings held before Judge Ernest C. Torres :Sentencing held on 6/12/2007 for Berkeley Transportation Company, Inc. Government: Adi Goldstein, AUSA; Defendant: James W. Ryan, Esq.; Probation: Dennis Jenkins. Counsel of record present. Stipulation provided resolving the issue of restitution. Court questions counsel regarding the applicable fine. Court sentences defendant to: Counts 1 and 2 - 3 years probation. Special conditions: 1.) Defendant shall pay $35,000.00 to the Rhode Island Department of Environmental Management, Environmental Response Fund. The defendant shall not claim this expenditure for income tax return purposes as a deductible expense or otherwise offset its income tax liability. 2.) Within 60 days, the defendant shall establish an environmental compliance program. This program shall include but is not limited to, hiring an independent auditor or consultant to perform annual reviews of the defendant's compliance with state and local environmental regulations. The environmental compliance program shall be reviewed and monitored by the U.S. Probation Office. The auditor or consultant shall provide any reviews, reports or findings to the U.S. Probation Office. $40,000.00 fine on each count, $80,000.00 total. Special assessment of $400.00 on each count, $800.00 total. (Court Reporter Debra D. Lajoie in Courtroom 3 at 11:06 a.m.) (Leyva, Lucia) (Entered: 06/12/2007)
06/12/200710STIPULATION re Petition for Restitution by Berkeley Transportation Company, Inc. and the Lloyd B. Clark Trust. (Leyva, Lucia) (Entered: 06/12/2007)
06/19/200711JUDGMENT as to Berkeley Transportation Company, Inc. Counts 1 and 2 - 3 years probation on each count concurrent. Special conditions: Defendant shall pay $35,000.00 to the Rhode Island Department of Environmental Management, Environmental Response Fund. The defendant shall not claim this expenditure for income tax return purposes as a deductible expense or otherwise offset its income tax liability.; Within 60 days, the defendant shall establish an environmental compliance program. This program shall include but is not limited to, hiring an independent auditor or consultant to perform annual reviews of the defendant's compliance with state and local environmental regulations. The environmental compliance program shall be reviewed and monitored by the U.S. Probation Office. The auditor or consultant shall provide any reports, reviews or findings to the U.S. Probation Office. $40,000.00 fine on each count, $80,000.00 total. Special assessment of $400.00 on each count, $800.00 total. So Ordered by Judge Ernest C. Torres on June 15, 2007. (Leyva, Lucia) (Entered: 06/19/2007)
06/26/2007  TEXT ORDER Entering 10 Stipulation filed by Berkeley Transportation Company, Inc, Lloyd B. Clark Trust . So Ordered by Judge Ernest C. Torres on 6/26/07. (Jackson, Ryan) (Entered: 06/26/2007)
08/22/200712SATISFACTION OF JUDGMENT by USA (Donovan, Dulce) (Entered: 08/22/2007)