U.S. District Court
Southern District of Ohio (Dayton)
CRIMINAL DOCKET FOR CASE #: 3:03-cr-00046-MRM-1


Case title: USA v. BioGas Energy, L.P.
Magistrate judge case number: 3:00-mj-00095

Date Filed: 03/31/2003
Date Terminated: 09/03/2003

Assigned to: Magistrate Judge Michael R Merz

Defendant (1)
BioGas Energy, L.P.
4220 Pinnacle Road Dayton, Ohio 45418
TERMINATED: 12/31/2003
represented byRoger John Makley
Coolidge Wall Womsley & Lombard - 3
33 W First Street
Suite 600
Dayton, OH 45402
937-223-8177
Email: makley@coollaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
33 USC 1317(d) AND 33 USC 1319 (c)(1)(A) AND 18 USC 2 NEGLIGENTLY DISCHARGING WASTEWATER CONTAINING AN IGNITABLE GAS INTO A SEWER SYSTEM AND AIDING AND ABETTING (Count 1s & 2s: not less than $2,500 nor more than $200,000 per day - S/R 1 Yr - S/A $125 ON EACH COUNT)
(1s-2s)
$50,000 RESTITUTION TO BE PAID TO THE CHILDREN'S WATER FESTIVAL FUND
33 USC 1319(c)(1)(A) AND 18 USC 2 NEGLIGENTLY DISCHARGING INTO A SEWER SYSTEM WITHOUT A PERMIT AND AIDING AND ABETTING (Counts 3s & 4s: not less than $2,500 nor more than $200,000 per day - S/R 1 Yr - S/A mandatory $125 ON EACH COUNT)
(3s-4s)
$50,000 RESTITUTION TO BE PAID TO THE CHILDREN'S WATER FESTIVAL FUND

Highest Offense Level (Opening)
Misdemeanor

Terminated Counts

Disposition
33 USC 1317(d) and 33 USC 1319(c)(1)(A) and 18 USC 2 VIOLATION OF NEGLIGENTLY DISCHARGING WASTEWATER CONTAINING AN IGNITABLE GAS INTO A SEWER SYSTEM IN VIOLATION OF A STANDARD IMPOSED IN AN APPROVED LOCAL PRETREATMENT PROGRAM AND AIDING AND ABETTING (Not Less Than $2,500 Per Day Nor More Than $200,000 Per Day - S/R 1 Yr - S/A $125) ON EACH COUNT
(1-2)
DISMISSED
33 USC 1319(c)(1)(A) and 18 USC 2 VIOLATION OF NEGLIGENTLY DISCHARGING INTO A SEWER SYSTEM WITHOUT A PERMIT IN VIOLATION OF A REQUIREMENT OF AN APPROVED LOCAL PRETREATMENT PROGRAM AND AIDING AND ABETTING (Not Less Than $2,500 Nor More Than $200,000 Per Day - S/R 1 Yr - S/A $125) ON EACH COUNT
(3-4)
DISMISSED

Highest Offense Level (Terminated)
Misdemeanor

Complaints

Disposition
None


Plaintiff
USA represented bySheila Gay Lafferty
United States Attorney's Office - 3
PO Box 280
200 W Second Street
Room 602
Dayton, OH 45402
937-225-2910
Email: sheila.lafferty@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
04/06/2000APPLICATION and AFFIDAVIT of Victor H. Dvorak, SA/U.S. Environmental Protection Agency for search warrant by Mag. Judge Michael Merz (no. pgs: 13) [ 3:00-m -95 ] (kse) (Entered: 04/19/2000)
04/06/2000  APPEARANCE of Attorney for USA by Sheila Gay Lafferty [ 3:00-m -95 ] (kse) (Entered: 04/19/2000)
04/06/2000   SEARCH Warrant issued for BioGas Energy, L.P. by Mag. Judge Michael Merz [ 3:00-m -95 ] (kse) (Entered: 04/19/2000)
04/06/2000SEARCH warrant returned by Mag. Judge Michael Merz [ 3:00-m -95 ] (kse) (Entered: 04/19/2000)
03/31/2003INFORMATION by USA Sheila Gay Lafferty. BioGas Energy, L.P. (1) count(s) 1-2, 3-4 (seal) (Entered: 04/01/2003)
03/31/2003MOTION to seal case by USA as to BioGas Energy, L.P. (seal) (Entered: 04/01/2003)
03/31/2003ORDER by Mag. Judge Michael Merz granting motion to seal case [4-1] sealing case as to BioGas Energy, L.P. (cc: all counsel) (seal) (Entered: 04/01/2003)
05/29/2003MOTION for order to unseal information by USA as to BioGas Energy, L.P. (seal) (Entered: 05/29/2003)
05/29/2003ORDER by Mag. Judge Michael Merz granting motion for order to unseal information [6-1] case unsealed as to BioGas Energy, L.P. (cc: all counsel) (seal) (Entered: 05/29/2003)
06/09/2003SUPERSEDING Information naming BioGas Energy, L.P. (1) count(s) 1s-2s, 3s-4s (sc) Modified on 06/17/2003 (Entered: 06/12/2003)
06/09/2003MINUTES: Held 6/9/03 before Mag. Judge Michael Merz dft BioGas Energy, L.P. arraigned; Dft's constitutional rights explained and Dft stated he understood rights as applicable to Corp; Attorney Roger John Makley present as to BioGas Energy, L.P. ; first appearance of BioGas Energy, L.P. Attorney present; Dft waived constitutional rights as applicable to Corp as to BioGas Energy, L.P. ; Plea agreement read into record accepted by Court and made a permanent part of the record as to BioGas Energy, L.P. ; BioGas Energy, L.P. enters guilty plea to Count 1s-4s; Plea accepted as to BioGas Energy, L.P. ; finding BioGas Energy, L.P. guilty BioGas Energy, L.P. (1) count(s) 1s-2s, 3s-4s as to BioGas Energy, L.P. ; Dft referred to Prob Dept for PSI; Mr Bopp as Corp Rep (Pres of Corp); Plea agreement tendered to Court and signed by parties; Consent to Mag Judge jurisdiction as to BioGas Energy, L.P. ; Tape #2003-07 (sc) Modified on 06/23/2003 (Entered: 06/12/2003)
06/09/2003PRESENTENCE Investigation and Disclosure Notice for BioGas Energy, L.P. PSI ddl set for 9/1/03 (sc) (Entered: 06/12/2003)
06/09/200310 PLEA Agreement as to BioGas Energy, L.P. (sc) (Entered: 06/12/2003)
06/11/200311 ORDER FOR DISMISSAL by Mag. Judge Michael Merz granting leave of Court pursuant to FRCP 48(a) the USA for the SDO hereby dismisses the Information filed 3/31/03 without prejudice as to BioGas Energy LP (cc: all counsel) (sc) Modified on 06/17/2003 (Entered: 06/12/2003)
08/18/200312 NOTICE OF SENTENCING by Mag. Judge Michael Merz sentencing set for 9/4/03 at 9:00 in Courtroom #3 as to BioGas Energy, L.P. (cc: all counsel) (rp) (Entered: 08/18/2003)
08/21/200313 AMENDED NOTICE OF SENTENCING by Mag. Judge Michael Merz sentencing hearing set for 9/3/03 at 9:00 in Courtroom #3 as to BioGas Energy, L.P. (cc: all counsel) (rp) (Entered: 08/25/2003)
09/03/200314 Minute Entry for proceedings held before Judge Michael R Merz :Sentencing held on 9/3/2003 for BioGas Energy, L.P. (1), Count(s) 1-2 DISMISSED, 1s-2s $100,000 FINE EACH COUNT; $125 SPECIAL ASSESSMENT FEE EACH COUNT; 3-4 DISMISSED; 3s-4s $100,000 FINE EACH COUNT; $125 SPECIAL ASSESSMENT FEE EACH COUNT, TOTAL FINES FOR COUNTS 1S,2S,3S,& 4S $400,000; TOTAL SPECIAL ASSESSMENT FEES COUNTS 1S, 2S, 3S, & 4S $500; $50,000 RESTITUTION TO BE PAID TO THE CHILDREN'S WATER FESTIVAL FUND: (Court Reporter Jennifer Flynn.) (gh1, ) (Entered: 09/19/2003)
11/03/200315 Notice of Satisfaction of Judgment of Criminal Imposition by BioGas Energy, L.P. (Sanders, Deborah) (Entered: 11/03/2003)
12/31/200316 JUDGMENT as to BioGas Energy, L.P. (1), Count(s) 1-2, 3-4, DISMISSED; Count(s) 1s-2s, 3s-4s, S/A $125 each count, totaling $500; Fine $100,000.00 each count, totaling $400,000.00; $50,000 RESTITUTION TO BE PAID TO THE CHILDREN'S WATER FESTIVAL FUND . Signed by Judge Michael R Merz on 9/3/03. (rp1, ) (Entered: 12/31/2003)
12/31/200317 Sealed Document - Policy Change with Statement FILED UNDER SEAL as to BioGas Energy, LP (rp1, ) (Entered: 12/31/2003)