CLOSED

U.S. District Court
District of South Carolina (Charleston)
CRIMINAL DOCKET FOR CASE #: 2:02-cr-00771-DCN All Defendants


Case title: USA v. Billabong II ANS

Date Filed: 08/02/2002
Date Terminated: 07/29/2003

Assigned to: Chief Judge David C Norton

Defendant (1)
Billabong II ANS
TERMINATED: 07/29/2003
represented byBen A Hagood , Jr
Hagood and Kerr
654 Coleman Boulevard
Suite 100
Mt Pleasant, SC 29464
843-972-1000
Fax: 843-972-1005
Email: bhagood@hagoodkerr.com
TERMINATED: 07/29/2003
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Thomas Michael Russo
Freehill Hogan and Mahar
80 Pine Street
New York, NY 10005
212-425-1900
TERMINATED: 07/29/2003
Designation: Retained

Pending Counts

Disposition
33:1319(c)(1) and 1321(b)(3) ENFORCEMENT - CRIMINAL PENALTIES did negligently discharge and caused the discharge of a harmful quantity of oil which may have affected natural resources belonging to the authority of the United States
(1)
The defendant Billabong II ANS is hereby placed on Probation for a term of one (1) year and shall pay a special assessment fee of $125.00, due beginning immediately. While on probation the defendant shall comply with the standard conditions of s upervision as well as the following special conditions: 1) In lieu of restitution, it shall pay $300,000.00 to be paid in full within 60 days of sentencing to the US Attorney for the District of South Carolina which will forward the money to the National Fish and Wildlife Foundation; 2) It shall pay a fine of $200,000.00 in full within 60 days of the date of sentencing. By law, the fine will be directed to the Oil Spill Liability Trust Fund, pursuant to 33 USC Section 1321(s).

Highest Offense Level (Opening)
Misdemeanor

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA
TERMINATED: 07/29/2003
represented byMary Gordon Baker
Federal Public Defender's Office (Chas)
PO Box 876
Charleston, SC 29402
843-727-4148
Email: mary_baker@fd.org
TERMINATED: 07/29/2003
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
08/02/2002INFORMATION as to Billabong II ANS (1) count(s) 1 (obri) (Entered: 08/02/2002)
08/02/2002Plea Agreement as to Billabong II ANS (obri) (Entered: 08/02/2002)
08/15/2002  CASE assigned to Magistrate Unassigned - MAG-CRI (cqui) (Entered: 08/15/2002)
08/15/2002  CASE assigned to Magistrate Judge Robert S. Carr (cqui) (Entered: 08/15/2002)
08/19/2002NOTICE of Hearing as to Billabong II ANS set Plea Hearing for 11:00 9/4/02 for Billabong II ANS before Magistrate Judge Robert S. Carr (mnew) (Entered: 08/19/2002)
08/26/2002  HEARING CANCELLED - PLEA TO INFORMATION (dpat) (Entered: 08/26/2002)
09/24/2002  CASE assigned to Judge David C. Norton (mag case requested District Judge) (cqui) (Entered: 09/24/2002)
12/11/2002NOTICE of Hearing as to Billabong II ANS SET Change of Plea Hearing for 9:00 1/10/03 for Billabong II ANS before Judge David C. Norton (gjoh) (Entered: 12/11/2002)
01/03/2003MOTION by Billabong II ANS for Thomas Michael Russo to appear pro hac vice FILING FEE AMOUNT ($100) Receipt # 200-15817 (pchi) (Entered: 01/06/2003)
01/03/2003AFFIDAVIT of Thomas Michael Russo as to Billabong II ANS Re: [5-1] motion for Thomas Michael Russo to appear pro hac vice FILING FEE AMOUNT ($100) Receipt # 200-15817 (pchi) (Entered: 01/06/2003)
01/07/2003ORDER as to Billabong II ANS granting [5-1] motion for Thomas Michael Russo to appear pro hac vice FILING FEE AMOUNT ($100) Receipt # 200-15817 as to Billabong II ANS (1) eod 1-8-03 (Signed by Judge David C. Norton ) (gjoh) (Entered: 01/08/2003)
01/10/2003Arraignment as to Billabong II ANS held before Judge David C. Norton Billabong II ANS (1) count(s) 1 Defendant pleads guilty Location Release Court reporter: Janet Collins (gjoh) (Entered: 01/13/2003)
01/10/2003PLEA proffered by Billabong II ANS as to count(s) 1 of the Information. Court accepts plea, GUILTY PLEA ENTERED as to Billabong II ANS (1) count(s) 1 (Terminated motions - ) Defendant remains on bond. (before Judge David C. Norton ) Court Reporter: Janet Collins (gjoh) (Entered: 01/13/2003)
01/10/2003PLEA entered by Billabong II ANS . Defendant enters plea of: guilty. (gjoh) (Entered: 01/13/2003)
01/10/200310 NOTICE of Corporate Resolution by Billabong II ANS as to Billabong II ANS (gjoh) (Entered: 01/13/2003)
06/11/200311 NOTICE of Hearing as to Billabong II ANS set Sentencing for 9:00 7/17/03 for Billabong II ANS before Judge David C. Norton (gjoh) (Entered: 06/11/2003)
07/17/200312 SENTENCING held before Judge David C. Norton Billabong II ANS (1) count(s) 1 Witness(es) none, Objections to Pre-Sentence Report: none, Motion for upward/downward departure: no, Court Reporter: Amy Ruemelin (cmck) (Entered: 07/17/2003)
07/17/2003  PRESENTENCE INVESTIGATION REPORT (Sealed) as to Billabong II ANS (cmck) (Entered: 07/17/2003)
07/29/200313 JUDGMENT Billabong II ANS (1) count(s) 1. The defendant Billabong II ANS is hereby placed on Probation for a term of one (1) year and shall pay a special assessment fee of $125.00, due beginning immediately. While on probation the defendant shall comply with the standard conditions of supervision as well as the following special conditions: 1) In lieu of restitution, it shall pay $300,000.00 to be paid in full within 60 days of sentencing to the US Attorney for the District of South Carolina which will forward the money to the National Fish and Wildlife Foundation; 2) It shall pay a fine of $200,000.00 in full within 60 days of the date of sentencing. By law, the fine will be directed to the Oil Spill Liability Trust Fund, pursuant to 33 USC Section 1321(s). ( Signed by Judge David C. Norton ) (cmck) (Entered: 07/30/2003)
07/29/2003  Case closed as to Billabong II ANS (all defendants) (cmck) (Entered: 07/30/2003)