CLOSED

U.S. District Court
Eastern District of Virginia - (Newport News)
CRIMINAL DOCKET FOR CASE #: 4:05-cr-00018-RBS-FBS-2


Case title: USA v. Smoot, et al

Date Filed: 03/03/2005
Date Terminated: 11/22/2005

Assigned to: District Judge Rebecca Beach Smith
Referred to: Magistrate Judge F. Bradford Stillman

Defendant (2)
Bob's Electric, Inc.
TERMINATED: 11/22/2005
represented byAndrew Michael Sacks
Sacks & Sacks
150 Boush St
Suite 501
Norfolk, VA 23510-3874
(757) 623-2753
Email: andrewsacks@lawfirmofsacksandsacks.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:1349 [18:1341.F] Conspiracy to commit wire fraud and mail fraud. (date offense conclded 10.03)
(1)
DISMISSED
18:1349 Conspiracy to commit wire fraud and mail fraud
(1s)
Probation: 5 years; Special Assessment: $400.00; Fine: $12,000.00
18:1343, 1346 and 2 [18:1343.F] Wire fraud and deprivation of honest services.
(2-7)
DISMISSED
18:1341, 1346 and 2 [18:1341.F] Mail fraud and deprivation of honest services.
(8)
DISMISSED
18:1957 and 2 [18:1957-9999.F] Engaging in monetary transactions in property derived from specified unlawful activity.
(9)
DISMISSED

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:1343, 1346 and 2 Wire fraud and deprivation of honest services
(2s-7s)
Dismissed on motion of the United States
18:1341, 1346 and 2 Mail fraud and deprivation of honest services
(8s)
Dismissed on motion of the United States
18:1957 and 2 Engaging in monetary transactions in property derived from specified unlawful activity, wire fraud
(9s)
Dismissed on motion of the United States

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byHoward J. Zlotnick
United States Attorney's Office
721 Lake Front Commons
Suite 300
Newport News, VA 23606
(757) 591-4000
Email: howard.zlotnick@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
03/03/2005INDICTMENT as to Robert B. Smoot (1) count(s) 1, 2-7, 8, 9, 10, Bob's Electric, Inc. (2) count(s) 1, 2-7, 8, 9, Glen Osvold (3) count(s) 11-13 (they) (Entered: 03/04/2005)
03/03/2005  CASE REFERRED to Mag Judge F. B. Stillman (they) (Entered: 03/04/2005)
03/07/2005  Arraignment as to Robert B. Smoot Jr., Bob's Electric, Inc., Glen Osvold set for 9:00 3/16/05 for Robert B. Smoot Jr., for Bob's Electric, Inc., for Glen Osvold (they) (Entered: 03/08/2005)
03/15/2005SUMMONS Returned Executed as to Bob's Electric, Inc. (they) (Entered: 03/15/2005)
03/16/2005  Initial appearance as to Bob's Electric, Inc. held before James E. Bradberry, USMJ. (Penny Wile, OCR) USA appeared through: Joe DePadilla, AUSA Dft(s) appeared through: Andrew Sacks, ret. (Defendant informed of rights.) Court Hours: 9:00-9:20 (they) (Entered: 03/16/2005)
03/16/2005  Arraignment as to Bob's Electric, Inc. held before James E. Bradberry, USMJ. Motion Filings due 5/2/05 for Bob's Electric, Inc. Government's Response to Motions due w/in 11 days of filin of motions for USA. Jury Trial set for 11:00 6/14/05 for Bob's Electric, Inc. (Penny Wile, OCR) USA appeared through: Joe DePadilla, AUSA Dft(s) appeared through: Andrew Sacks, ret. Waived formal arraignment. Plead not guilty. Jury demanded. Deft. to be present at all hearings. Parties agree to waive speedy trial deadline and set trial outside of that time. Judge so orders. Court Hours: 9:00-9:20 (they) (Entered: 03/16/2005)
05/02/200512  MOTION for Bill of Particulars, MOTION for Discovery, MOTION for Inspection MOTION for Exculpatory evidence by Robert B. Smoot, Jr, Bob's Electric, Inc.. (they, ) (Entered: 05/03/2005)
05/02/200513  JOINT MOTION for additional Peremptory challenges by Robert B. Smoot, Jr, Bob's Electric, Inc.. (they, ) (Entered: 05/03/2005)
05/02/200514  MOTION for Leave to File additional pretrial motions by Robert B. Smoot, Jr, Bob's Electric, Inc.. (they, ) (Entered: 05/03/2005)
05/09/200515 INDICTMENT as to Robert B. Smoot, Jr (1) count(s) 1s, 2s-7s, 8s, 9s, 10s, 14s, Bob's Electric, Inc. (2) count(s) 1s, 2s-7s, 8s, 9s, Glen Osvold (3) count(s) 11s-13s. (they, ) (Entered: 05/11/2005)
05/11/2005  Set/Reset Deadlines/Hearings as to Robert B. Smoot, Jr, Bob's Electric, Inc., Glen Osvold: Arraignment set for 5/18/2005 09:00 AM before Unassigned. (they, ) (Entered: 05/11/2005)
05/11/200518 RESPONSE to Motion by USA as to Robert B. Smoot, Jr, Bob's Electric, Inc. re 14 MOTION for Leave to File, 12 MOTION for Bill of Particulars MOTION for Discovery MOTION to Inspect MOTION, 13 MOTION (they, ) (Entered: 05/13/2005)
05/18/2005  Minute Entry for proceedings held before Judge Tommy E. Miller :Arraignment as to Robert B. Smoot Jr. (1) Count 1s,2s-7s,8s,9s,10s,14s and Bob's Electric, Inc. (2) Count 1s,2s-7s,8s,9s and Glen Osvold (3) Count 11s-13s held on 5/18/2005. Howard Zlotnick, AUSA. Robert Smooth and Bob's Electric, Co. appeared w/ Andrew Sacks, ret. Greg Osvold appeared w/ Steve Frucci, ret. Motions due by 5/31/2005. Jury Trial set for 7/18/2005 11:00 AM before Honorable District Rebecca Beach Smith. (Court Reporter Paul McManus, OCR.) (scar, ) (Entered: 05/18/2005)
05/31/200519  MOTION to Continue Trial with BRIEF by Robert B. Smoot, Jr, Bob's Electric, Inc.. (they, ) (Entered: 06/03/2005)
05/31/200520  JOINT SUPPLEMENTAL MOTION for Leave to File Additional Pretrial Motions by Robert B. Smoot, Jr, Bob's Electric, Inc. (they, ) (Entered: 06/03/2005)
06/03/2005  Terminate Deadlines and Hearings as to Robert B. Smoot, Jr, Bob's Electric, Inc., Glen Osvold: (they, ) (Entered: 06/03/2005)
06/10/2005  Set Hearings as to Robert B. Smoot, Jr, Bob's Electric, Inc.: Plea Agreement Hearing set for 6/23/2005 02:30 PM before Honorable District Rebecca Beach Smith. (scar, ) (Entered: 06/10/2005)
06/23/2005  Minute Entry for proceedings held before Judge Rebecca Beach Smith: Howard J. Zlotnick, AUSA & Andrew M. Sacks, ret. counsel, present. Deft. Robert B. Smoot, Jr., present on bond and as a representative for Bob's Electric, Inc. Plea Agreement Hearing as to Bob's Electric, Inc. held on 6/23/2005. Plea entered by Bob's Electric, Inc. (2). Guilty: Count 1s. Continued for PSR. Court explained to deft. that by pleading guilty he wavied his right of appeal, his right to file a 2241 or 2255 motion, and his rights for records sought under the Freedom of Information Act or the Privacy Act, pursuant to the plea agreement. Sentencing set for 11/21/2005, at 10:00 AM before Honorable District Judge Rebecca Beach Smith. (Court Reporter Gloria Smith, OCR.) (mgra,) (Entered: 06/24/2005)
06/23/200524 Resolution of Board of Directors Recommending Plea of Guilty by Corporation. (mgra,) (Entered: 06/24/2005)
06/23/200525 PLEA AGREEMENT as to Bob's Electric, Inc. (mgra,) (Entered: 06/24/2005)
06/23/200526 Statement of Facts as to Bob's Electric, Inc. (mgra,) (Entered: 06/24/2005)
06/23/200527 Sentencing Procedures Order as to Bob's Electric, Inc., entered & filed in open court. Signed by Judge Rebecca Beach Smith on 6/23/2005. (mgra,) (Entered: 06/24/2005)
11/14/200544 Position on Sentencing by Robert B. Smoot, Jr, Bob's Electric, Inc. (scar, ) (Entered: 11/15/2005)
11/21/2005  Minute Entry for proceedings held before Judge Rebecca Beach Smith: Howard J. Zlotnick, AUSA, Andrew M. Sacks, ret. counsel, and Natasha Palmer, probation officer, present. Robert B. Smoot, Jr., present on bond for the company.Sentencing held on 11/21/2005, for Bob's Electric, Inc. (2). Count(s) 1s, Probation: 5 years; Special Assessment: $400.00; Fine: $12,000.00; Count(s) 2s-7s, 8s, 9s, Dismissed on motion of the United States. (Court Reporter Gloria Smith, OCR.) (mgra) (Entered: 11/22/2005)
11/22/200548 JUDGMENT as to Bob's Electric, Inc. (2), Count(s) 1, 2-7, 8, 9, DISMISSED; Count(s) 1s, Probation: 5 years; Special Assessment: $400.00; Fine: $12,000.00; Count(s) 2s-7s, 8s, 9s, Dismissed on motion of the United States. Ent. 11/21/05; filed 11/22/05. Signed by Judge Rebecca Beach Smith on 11/21/05. Copies mailed. (they, ) (Entered: 11/23/2005)
12/01/200851 Report and Order Terminating Probation Prior to Original Expiration Date as to Bob's Electric, Inc.., entered and filed 12/1/08. (Signed by District Judge Rebecca Beach Smith) copies mailed on 12/2/08. (ldab, ) (Entered: 12/02/2008)