| CLOSED |
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) |
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Berkeley Transportation Company, Inc
TERMINATED: 06/19/2007 |
represented by | James 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) |
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| Felony | ||
Terminated Counts |
Disposition |
|
| None | ||
Highest Offense Level (Terminated) |
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| None | ||
Complaints |
Disposition |
|
| None |
Interested Party |
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|
Lloyd B. Clark Trust
TERMINATED: 06/19/2007 |
represented by | John 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 |
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| USA | represented by | Adi 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 |
|---|---|---|
| 12/28/2006 | 1 | INFORMATION as to Berkeley Transportation Company, Inc. (1) count(s) 1-2. (Attachments: # 1 Criminal Cover Sheet) (Noel, Jeannine) (Entered: 12/28/2006) |
| 12/28/2006 | 2 | PLEA 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) | |
| 01/03/2007 | 3 | NOTICE 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) | |
| 01/03/2007 | 4 | WAIVER OF INDICTMENT by Berkeley Transportation Company, Inc; accepted by Magistrate Judge David Martin (Saucier, Martha) (Entered: 01/03/2007) |
| 01/04/2007 | 5 | Summons 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) | |
| 04/20/2007 | 6 | 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) | |
| 05/29/2007 | 7 | TRANSCRIPT 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) | |
| 05/29/2007 | 8 | EXHIBIT 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) | |
| 06/05/2007 | 9 | TRANSCRIPT 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) | |
| 06/12/2007 | 10 | STIPULATION re Petition for Restitution by Berkeley Transportation Company, Inc. and the Lloyd B. Clark Trust. (Leyva, Lucia) (Entered: 06/12/2007) |
| 06/19/2007 | 11 | JUDGMENT 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) | |
| 08/22/2007 | 12 | SATISFACTION OF JUDGMENT by USA (Donovan, Dulce) (Entered: 08/22/2007) |