CLOSED

United States District Court
District of Massachusetts (Boston)
CRIMINAL DOCKET FOR CASE #: 1:04-cr-10087-MBB-1


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

Date Filed: 03/29/2004
Date Terminated: 01/05/2005

Assigned to: Magistrate Judge Marianne B. Bowler

Defendant (1)
Bouchard Transportation Company, Inc.
TERMINATED: 01/05/2005
represented byMark A. Walsh
Dewey & LeBoeuf LLP
1101 New York Avenue NW
Washington, DC 20005
202-346-8150
Fax: 202-356-3355
Email: mark.walsh@dl.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Ronald W. Zdrojeski
Robinson & Cole
280 Trumbull Street
Hartford, CT 06103
860-275-8200
Email: rzdrojeski@rc.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Thomas M. Russo
Freehill, Hogan and Mahar LLP
80 Pine Street
New York, NY 10005
212-425-1900
Fax: 212-425-1901
Email: Russo@freehill.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
33:1319(c)(1); 1321(b)(3) - Clean Water Act-Negligent Discharge of Pollutant
(1)
33:1319(c)(1), 1321(b)(3) Clean Water Act-Negligent Discharge of Pollutant
(1s)
Three years probation plus a $10,000,000.00 fine for counts 1s and 2s; $9,000,000.00 plus the $175.00 special assessment to be paid forthwith and $1,000,000.00 suspended as long as deft. complies with standard and special conditions of probation.
16:703 and 707(a) Migratory Bird Treaty Act
(2)
16:703 and 707(a) Migratory Bird Treaty Act
(2s)
Three years probation plus a $10,000,000.00 fine for counts 1s and 2s; $9,000,000.00 plus the $175.00 special assessment to be paid forthwith and $1,000,000.00 suspended as long as deft. complies with standard and special conditions of probation.

Highest Offense Level (Opening)
Misdemeanor

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byJonathan F. Mitchell
United States Attorney's Office
John Joseph Moakley Federal Courthouse
1 Courthouse Way
Suite 9200
Boston, MA 02210
617-748-3274
Fax: 617-748-3960
Email: jonathan.mitchell@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Joshua S. Levy
Ropes & Gray LLP
Prudential Tower
800 Boylston Street
Boston, MA 02199-3600
617-951-7281
Fax: 617-951-7050
Email: jlevy@ropesgray.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Nadine Pellegrini
United States Attorney's Office
John Joseph Moakley Federal Courthouse
1 Courthouse Way
Suite 9200
Boston, MA 02210
617-748-3107
Fax: 617-748-3951
Email: nadine.pellegrini@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
03/29/20041INFORMATION (Misdemeanor) as to Bouchard Transportation Company, Inc. (1) count(s) 1, 2. (Gawlik, Cathy) (Entered: 03/31/2004)
03/29/20049PLEA AGREEMENT as to Bouchard Transportation Company, Inc. (Rynne, Michelle) (Entered: 05/24/2004)
03/31/2004  CASE FILE as to Bouchard Transportation Company, Inc. Referred to Emergency Judge Gertner for determination as to whether the case should be continued before the District Court or referred to a Magistrate Judge of this Court. (Gawlik, Cathy) (Entered: 04/07/2004)
04/07/2004  ORDER as to Bouchard Transportation Company, Inc. on reference for review of misdemeanor information. After review of this case pursuant to the provisions of Rule 18:3401(f) it is ordered that this case be Ordered Referred to Magistrate Judge. Case assigned to Judge Marianne B. Bowler. (Gawlik, Cathy) (Entered: 04/07/2004)
04/14/20042NOTICE OF HEARING as to Bouchard Transportation Company, Inc. Arraignment set for 4/22/2004 02:15 PM in Courtroom 25 before Magistrate Judge Marianne B. Bowler. Initial Appearance set for 4/22/2004 02:15 PM before Magistrate Judge Marianne B. Bowler. (Saccoccio, Dianalynn) (Entered: 04/14/2004)
04/16/20043NOTICE OF ATTORNEY APPEARANCE: Mark A. Walsh appearing for Bouchard Transportation Company, Inc. (Folan, Karen) (Entered: 04/20/2004)
04/16/20044ASSENTED TO MOTION to Continue arraignment and schedule a Rule 11 hearingas to Bouchard Transportation Company, Inc. . (Folan, Karen) (Entered: 04/20/2004)
04/21/2004  Judge Marianne B. Bowler : electronic ORDER entered granting 4 Motion to Continue as to Bouchard Transportation Company, Inc. (1). The matter is continued until May 13, 2004, at 10:00 a.m. for the purposes of arraignment and a Rule 11 hearing. (Bowler, Marianne) (Entered: 04/21/2004)
04/21/20045 MOTION for Leave to Appear Pro Hac Vice by Ronald W. Zdrojeski and Thomas M. Russo as to Bouchard Transportation Company, Inc. . (No Fee received)(Rynne, Michelle) (Entered: 05/07/2004)
04/23/2004  FILING FEE PAID $ 100.00 regarding 5 MOTION for Leave to Appear Pro Hac Vice by Ronald W. Zdrojeski and Thomas M. Russo as to Bouchard Transportation Company, Inc. (Rynne, Michelle) (Entered: 05/07/2004)
05/11/2004  Judge Marianne B. Bowler : electronic ORDER entered granting 5 Motion for Leave to Appear as to Bouchard Transportation Company, Inc. (1) (Bowler, Marianne) (Entered: 05/11/2004)
05/13/2004  Electronic Clerk's Notes for proceedings held before Judge Marianne B. Bowler :Arraignment as to Bouchard Transportation Company, Inc. (1) Count 1,2 held on 5/13/2004, Initial Appearance as to Bouchard Transportation Company, Inc. held on 5/13/2004; Joshua Levy for the govt.;David Picozzi for Pretrial Services; Thomas Russo for the deft. also representing the corporation in order to plead at arraignment; Corporation waives reading of the rights and charges as well; Corporation pleads not guilty; Rule 11 hearing set for May 20, 2004 at 2:00 PM (Tape #Digital.) (Saccoccio, Dianalynn) (Entered: 05/13/2004)
05/14/20046Power of Attorney by Bouchard Transportation Company, Inc. (Rynne, Michelle) (Entered: 05/18/2004)
05/20/2004  Electronic Clerk's Notes for proceedings held before Judge Marianne B. Bowler :Plea and Sentence Hearing held on 5/20/2004 Bouchard Transportation Company, Inc. (1) Plea of guilty on Counts 1,2Bouchard Transportation Company, Inc. (1) Plea of guilty on Counts 1,2Bouchard Transportation Company, Inc. (1) Dismissed counts Count 1,2. Joshua Levy and Jonathan Mitchell for the govt.; Thomas Russo, Ronald Zdrojeski and Mark Walsh for the deft.;Atty. Russo pleads guilty on behalf of the corporation to all counts; Court accepts the plea; Sentencing set for September 14, 2004 at 2:15 PM (Court Reporter Valerie O'Hara.) (Saccoccio, Dianalynn) (Entered: 05/20/2004)
05/20/20048CONSENT TO TRIAL BEFORE US MAGISTRATE JUDGE, WAIVER OF RIGHT TO TRIAL BY JURY, and WAIVER OF RIGHT TO HAVE 30 DAYS TO PREPARE FOR TRIAL, by Bouchard Transportation Company, Inc. (Rynne, Michelle) (Entered: 05/24/2004)
05/21/20047Judge Marianne B. Bowler : ORDER entered PROCEDURAL ORDER re sentencing hearing as to Bouchard Transportation Company, Inc. Sentencing set for 9/14/2004 02:15 PM in Courtroom 25 before Magistrate Judge Marianne B. Bowler. (Saccoccio, Dianalynn) (Entered: 05/21/2004)
05/27/200410NOTICE OF ATTORNEY APPEARANCE Jonathan F. Mitchell appearing for USA. (Rynne, Michelle) (Entered: 06/08/2004)
08/19/200411 TRANSCRIPT of Hearing as to Bouchard Transportation Company, Inc. held on May 20, 2004 before Judge Bowler. Court Reporter: Valerie A. O'Hara. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at 978-465-1458 or the Clerk's Office. (Scalfani, Deborah) (Entered: 08/19/2004)
08/20/200412Unoppossed MOTION for Extension of Time to 9/3/04 for objections to the presentence report as to Bouchard Transportation Company, Inc. by USA. (Rynne, Michelle) (Entered: 09/08/2004)
09/09/2004  Judge Marianne B. Bowler : electronic ORDER entered granting 12 Motion for Extension of Time as to Bouchard Transportation Company, Inc., nunc pro tunc. (1) (Bowler, Marianne) (Entered: 09/09/2004)
09/10/200413SENTENCING MEMORANDUM by USA as to Bouchard Transportation Company, Inc. (Rynne, Michelle) (Entered: 09/29/2004)
09/14/2004  Electronic Clerk's Notes for proceedings held before Judge Marianne B. Bowler :Hearing as to Bouchard Transportation Company, Inc. held on 9/14/2004; Johnathan Mitchell for the govt.; Thomas Russo for the deft.; Sentencing did not take place today; Court holds sidebar and take a brief recess; Court resumes; Parties are to file briefs by October 1, 2004 and a conference call is scheduled in this court on October 7, 2004. (Court Reporter Richard Romanow.) (Saccoccio, Dianalynn) (Entered: 09/14/2004)
09/14/200415 Letter (non-motion) by Barney Frank, Mark Montigny, Joan Menard, Marc Pacheco, John Quinn, Robert Koczera, Antonio Cabral, Mark Howland, William Straus, Michael Rodrigues, Susan Williams Gifford regarding allocation of fine as to Bouchard Transportation Company, Inc. (Rynne, Michelle) (Entered: 10/01/2004)
09/30/200414Assented to MOTION for Extension of Time to 10/14/04 to File briefs supporting plea agreement and to 10/20/04 for hearing on sameas to Bouchard Transportation Company, Inc. by USA. (Rynne, Michelle) (Entered: 10/01/2004)
10/01/2004  Judge Marianne B. Bowler: Electronic ORDER entered granting 14 Motion for Extension of Time to File as to Bouchard Transportation Company, Inc.(1). (Bowler, Marianne) (Entered: 10/01/2004)
10/22/200416Assented to STATUS REPORT by USA as to Bouchard Transportation Company, Inc. (Rynne, Michelle) (Entered: 10/22/2004)
10/22/200417SUPERSEDING INFORMATION (Misdemeanor) as to Bouchard Transportation Company, Inc. (1) count(s) 1s, 2s. (Gawlik, Cathy) (Entered: 10/22/2004)
11/01/200418PLEA AGREEMENT as to Bouchard Transportation Company, Inc. (Barrette, Mark) (Entered: 11/04/2004)
11/08/200419NOTICE OF HEARING for Bouchard Transportation Company, Inc.: Plea and Sentencing set for 11/18/2004 at 2:30 PM in Courtroom 25 before Magistrate Judge Marianne B. Bowler. (Saccoccio, Dianalynn) (Entered: 11/08/2004)
11/18/2004  Electronic Clerk's Notes for proceedings held before Magistrate Judge Marianne B. Bowler: Plea and sentence hearing for Bouchard Transportation Company held on 11/18/2004; (1) Plea of guilty and sentencing on Count 1s and 2s; (Court Reporter Carol Scott.) (Saccoccio, Dianalynn) Modified on 12/29/2004 (Saccoccio, Dianalynn). (Entered: 12/29/2004)
12/06/200420 TRANSCRIPT of Plea and Disposition as to Bouchard Transportation Company, Inc. held on November 18, 2004 before Judge Bowler. Court Reporter: Donald E. Womack. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter or the Clerk's Office. (Scalfani, Deborah) (Entered: 12/06/2004)
12/29/2004  electronic Clerk's Notes for proceedings held before Magiatrate Judge Marianne B. Bowler: Sentencing held on 11/18/2004 for Bouchard Transportation Company, Inc. (1) for count(s) 1s and 2s; Three years probation plus a $10,000,175.00 fine for counts 1s and 2s; $9,000,000.00 plus the $175.00 special assessment to be paid forthwith and $1,000,000.00 suspended as long as deft. complies with standard and special conditions of probation. (Court Reporter Carol Scott.) (Saccoccio, Dianalynn) (Entered: 12/29/2004)
01/05/200521Judge Marianne B. Bowler : ORDER entered. JUDGMENT as to Bouchard Transportation Company, Inc. (1), Count(s) 1s, Three years probation plus a $10,000,000.00 fine, of which $9,000,000.00 plus the $175.00 special assessment to be paid forthwith and $1,000,000.00 suspended as long as deft. complies with standard and special conditions of probation; Count(s) 2s, Three years probation plus a $10,000,000.00 fine, of which $9,000,000.00 plus the $175.00 special assessment to be paid forthwith and $1,000,000.00 suspended as long as deft. complies with standard and special conditions of probation. Said sentence to run concurrent with Count 1s. (Johnson, Mary) Modified on 1/6/2005 (Johnson, Mary). Additional attachment(s) added on 1/7/2005 (Saccoccio, Dianalynn). (Entered: 01/06/2005)
01/06/2005  Case Terminated as to Bouchard Transportation Company, Inc.. (Johnson, Mary) (Entered: 01/06/2005)
01/07/2005  Remark for Bouchard Transportation Company, Inc.: Docket Entry 21 re-docketed for correction on page 7 of judgment. (Saccoccio, Dianalynn) (Entered: 01/07/2005)
02/17/200622Letter (non-motion) as to Bouchard Transportation Company, Inc. filed by the Govt. (Duffy, Marc) (Entered: 02/21/2006)
03/28/200623 Letter (non-motion) regarding Bouchard's response to USA's letter of February 17, 2006 advising of your concerns which arose from Capt. Ireland's audit pursuant to the plea agreement. as to Bouchard Transportation Company, Inc. (Attachments: # 8 Supplement to March 23, 2006 letter)(Russo, Thomas) (Entered: 03/28/2006)
05/04/200624Letter (non-motion) by USA as to Bouchard Transportation Company, Inc. (Duffy, Marc) (Entered: 05/05/2006)
05/15/200625 Letter (non-motion) regarding Response to AUSA's request for more details regarding Bouchard Transportation Company's adoption of Capt. Ireland's suggestions and asking that BTC allow Capt. Ireland to prepare an interim audit focusing on BTC's implementation of his recommendations in his First Annual Report. as to Bouchard Transportation Company, Inc. (Russo, Thomas) (Entered: 05/15/2006)
02/10/200926First MOTION for Clarification of Fine as to Bouchard Transportation Company, Inc.by USA. (Donato, Christopher) (Entered: 02/10/2009)
02/18/200927 RESPONSE to Motion by Bouchard Transportation Company, Inc. re 26 First MOTION for Clarification of Fine (Russo, Thomas) (Entered: 02/18/2009)