U.S. District Court
Eastern District of Missouri (LIVE) (St. Louis)
CRIMINAL DOCKET FOR CASE #: 4:12-cr-00047-ERW All Defendants


Case title: USA v. Brake et al
Date Filed: 02/08/2012
Date Terminated: 09/13/2012
Assigned to: Honorable E. Richard Webber

Defendant (1)
Robert Brake
TERMINATED: 09/13/2012 		represented byJoe G. Harms , II
SALIVAR AND HARMS, LLP
1404 S. Brentwood Boulevard
Suite 575
St. Louis, MO 63144
314-968-1100
Fax: 314-968-3330
Email: jharms@salivarharms.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
Disposition
UNLAWFUL EMPLOYMENT OF ALIENS
(1s)		 Defendant is hereby sentenced to probation for a term of two years with additional probation terms. Special Assessment of $10 which is due immediately.

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
CONSPIRACY
(1r)

Highest Offense Level (Terminated)
Felony

Complaints
Disposition
None
Assigned to: Honorable E. Richard Webber

Defendant (2)
Brake Landscaping and Lawncare, Inc.
TERMINATED: 09/13/2012 		represented byJoe G. Harms , II
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
Disposition
CONSPIRACY
(1r)		 Defendant organization is hereby placed on probation for a term of two years with special conditions of supervision. Special Assessment of $400.00 which is due immediately.

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
None

Highest Offense Level (Terminated)
None

Complaints
Disposition
None

Plaintiff
USA represented byJohn J. Ware
OFFICE OF U.S. ATTORNEY
111 S. Tenth Street
20th Floor
St. Louis, MO 63102
314-539-2200
Fax: 314-539-2188
Email: john.ware@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
02/08/20121 INDICTMENT returned in open court on 2/8/2012 to Judge John A. Ross by the Foreperson of the Grand Jury. Referred to Magistrate Judge David D. Noce as to Robert Brake (1) count(s) 1, Brake Landscaping and Lawncare, Inc. (2) count(s) 1. (Attachments: # 1 Criminal Cover Sheet All Defendants) (SAJ) (Entered: 02/09/2012)
02/08/20122 REDACTED INDICTMENT returned in open court on 2/8/2012 to Judge John A. Ross by the Foreperson of the Grand Jury. Referred to Magistrate Judge David D. Noce as to Robert Brake (1): Former count 1 is now count 1r. Brake Landscaping and Lawncare, Inc. (2): Former count 1 is now count 1r.. (SAJ) (Entered: 02/09/2012)
02/08/20123 Order:...IT IS BY THE COURT ORDERED that said indictment shall be sealed and suppressed by the Clerk of the Court until said defendant is in custody or has given bail for the defendant's final appearance. Order as to Robert Brake, Brake Landscaping and Lawncare, Inc... Signed by Honorable John A. Ross on 2/8/2012. (SAJ) (Entered: 02/09/2012)
02/08/20124 ENTRY OF ATTORNEY APPEARANCE John J. Ware appearing for USA. (SAJ) (Entered: 02/09/2012)
02/08/2012  Warrant Issued as to Indictment in case as to Robert Brake. (SAJ) (Entered: 02/09/2012)
02/08/2012  Summons Issued in case as to Brake Landscaping and Lawncare, Inc. (SAJ) (Entered: 02/09/2012)
02/09/2012  Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401. (CSAW) (Entered: 02/09/2012)
02/10/20125 BAIL REPORT(FILED UNDER SEAL) as to Robert Brake. (ALB) (Entered: 02/10/2012)
02/10/2012  Arrest of defendant Robert Brake date of arrest: 2/10/12 (KXS) (Entered: 02/10/2012)
02/10/20126 Minute Entry for proceedings held before Magistrate Judge Frederick R. Buckles:Initial Appearance/Rule 5 as to Robert Brake held on 2/10/2012; Robert Brake (1) $10,000 unsecured appearance bond set. Defendant given copy of: indictment. Defendant to retain: counsel. Pretrial Services bail report received on: 2/10/12. Pretrial Services Officer: Anthony Byrd. ( Arraignment set for 2/15/2012 10:00 AM in Courtroom 17N before Magistrate Judge David D. Noce.), Bond Execution as to Robert Brake held on 2/10/2012 bond executed in the amount of: $10,000 unsecured (FTR Gold Operator initials:K. Murdock.) (FTR Gold: Yes.) (proceedings started: 12:15 p.m..) (proceedings ended: 12:31 p.m..) (Defendant Location: bond.) (KXS) (Entered: 02/10/2012)
02/10/20127 Unsecured Appearance Bond Entered as to defendant Robert Brake in amount of $ 10,000.00. Signed by Magistrate Judge Frederick R. Buckles on 2/10/12. (KXS) (Entered: 02/10/2012)
02/10/20128 ORDER Setting Conditions of Release as to Robert Brake (1) $10,000 unsecured appearance bond. Signed by Magistrate Judge Frederick R. Buckles on 2/10/12. (KXS) (Entered: 02/10/2012)
02/10/20129 ENTRY OF ATTORNEY APPEARANCE: by Joe G. Harms, II on behalf of Robert Brake, Brake Landscaping and Lawncare, Inc. (Harms, Joe) (Entered: 02/10/2012)
02/13/201210 DISCLOSURE OF CORPORATE INTERESTS as to Robert Brake, Brake Landscaping and Lawncare, Inc. (Harms, Joe) (Entered: 02/13/2012)
02/15/201211 Minute Entry for proceedings held before Magistrate Judge David D. Noce:Arraignment: Parties present for arraignment. Defendant waives reading of indictment, plea of not guilty as to Robert Brake (1) Count 1r and Brake Landscaping and Lawncare, Inc. (2) Count 1r held on 2/15/2012. Evidentiary Hearing set for 3/22/2012 09:00 AM in Courtroom 17N before Magistrate Judge David D. Noce. Jury Trial set for 4/30/2012 08:30 AM in Courtroom 17S before Honorable E. Richard Webber. (FTR Gold Operator initials:K. Spurgeon.) (FTR Gold: Yes.) (proceedings started: 9:58 a.m..) (proceedings ended: 10:05 a.m..) (Defendant Location: bond.) (KXS) (Entered: 02/15/2012)
02/15/201212  MOTION for Extension For Additional Time To Obtain and Review Discovery Materials and To Determine Whether and/or What Pretrial Motions are to be Filed by Robert Brake. (KXS) (Entered: 02/15/2012)
02/15/201213  MOTION for Extension For Additional Time To Obtain and Review Discovery Materials and To Determine Whether and/or What Pretrial Motions are to be Filed by Brake Landscaping and Lawncare, Inc.. (KXS) (Entered: 02/15/2012)
02/15/201214  Oral Motion to Suppress by Robert Brake, Brake Landscaping and Lawncare, Inc.. (KXS) (Entered: 02/15/2012)
02/15/201215  Oral Motion by Government for Determination by Court of Admissibility of Arguably Suppressible Evidence by USA as to Robert Brake, Brake Landscaping and Lawncare, Inc.. (KXS) (Entered: 02/15/2012)
02/15/201216 ORDER CONCERNING PRETRIAL MOTIONS as to Robert Brake, Brake Landscaping and Lawncare, Inc.. Forthwith each party may propound to opposing party and may file w/the court any request for pretrial disclosure of evidence or information not later than 2/21/12. 13 , 12 . The parties shall respond to any such request for pretrial disclosure not later than 2/24/12. Counsel for defendant to file with the court a memorandum if defendant chooses not to file any pretrial motions not later than 3/7/12. Criminal Pretrial Motion due by 3/7/2012. Evidentiary Hearing set for 3/22/2012 09:00 AM in Courtroom 17N before Magistrate Judge David D. Noce. Jury Trial set for 4/30/2012 08:30 AM in Courtroom 17S before Honorable E. Richard Webber. Signed by Magistrate Judge David D. Noce on 2/15/12. (KXS) (Entered: 02/15/2012)
02/15/201217 PASSPORT NOTICE as to Robert Brake has been filed. Notice of Court Order: Order File Date: 2/10/12. The aboved-name defendant is not permitted to apply for the issuance of a passport during the pendency of this action. Passport 402855080 surrendered to U.S. District Court on 2/15/12. (KXS) (Entered: 02/15/2012)
02/15/2012  Receipt 4644026700 in the amount of $0.00 for PASSPORT on behalf of Robert Brake (CCAM) (Entered: 02/16/2012)
02/15/201218 Warrant Returned Executed as to Indictment on 02/10/2012 in case as to Robert Brake; (DJO) (Entered: 02/16/2012)
02/29/201219 First MOTION to Continue ; Trial Setting by Robert Brake, Brake Landscaping and Lawncare, Inc.. (Harms, Joe) (Entered: 02/29/2012)
02/29/201220 First MOTION to Continue ; Deadlines Established in Order Concerning Pretrial Motions by Robert Brake, Brake Landscaping and Lawncare, Inc.. (Harms, Joe) (Entered: 02/29/2012)
03/01/201221 ORDER TO CONTINUE (per 18:3161)- IT IS HEREBY ORDERED that within the guidelines set forth by the Speedy Trial Act, 18 U.S.C. 3161, the Motion for Continuance of Trial [ECF No. 19 ] as to Defendants Robert Brake and Brake Landscaping and Lawncare, Inc., is GRANTED. The trial setting as to said Defendants is reset to June 18, 2012, at 8:30 a.m.. Signed by Honorable E. Richard Webber on 3/1/12. (KJS) (Entered: 03/01/2012)
03/02/201222 ORDER EXTENDING TIME TO FILE PRETRIAL MOTIONS:IT IS HEREBY ORDERED that the motions of defendants Robert Brake and Brake Landscaping and Lawncare, Inc., for additional time to obtain and review discovery materials and to determine whether pretrial motions are to be filed (doc. 20 ) is sustained. IT IS FURTHER ORDERED that defendants shall have until Friday, May 11, 2012, to file pretrial motions or the waiver thereof. For the reasons set forth in the scheduling order issued by the court on February 15, 2012 (Doc. 16 ), IT IS FURTHER ORDERED that the time from the date of arraignment of defendant to the date pretrial motions or the waiver thereof are to be filed is excluded from computation of the latest date for the trial setting as prescribed by the Speedy Trial Act. See 18 U.S.C. ยง 3161(h)(7)(A) and (B)(iv). IT IS FURTHER ORDERED that the pretrial evidentiary hearing is reset to Thursday, May 24, 2012 at 9:00 a.m. Criminal Pretrial Motion due by 5/11/2012. Evidentiary Hearing set for 5/24/2012 09:00 AM in Courtroom 17N before Magistrate Judge David D. Noce. Signed by Magistrate Judge David D. Noce on 3/2/12. (KKS) (Entered: 03/02/2012)
05/10/201223 WAIVER of Filing Pretrial Motions by Robert Brake, Brake Landscaping and Lawncare, Inc. (Harms, Joe) (Entered: 05/10/2012)
05/16/201224 Docket Text ORDER: Change of Plea Hearing as to Defendants Robert Brake and Brake Landscaping and Lawncare, Inc., will be held on June 18, 2012, at 10:00 a.m. So Ordered by Judge E. Richard Webber. (BABS) (Entered: 05/16/2012)
05/24/201225 Minute Entry for proceedings held before Magistrate Judge David D. Noce:In Court Hearing (Waiver of Motions) as to Robert Brake, Brake Landscaping and Lawncare, Inc. held on 5/24/2012; defts waive evidentiary hearing; Jury Trial set for 6/18/2012 08:30 AM in Courtroom 17S before Honorable E. Richard Webber. (FTR Gold Operator initials:K. Spurgeon.) (FTR Gold: Yes.) (proceedings started: 9:05 a.m..) (proceedings ended: 9:07 a.m..) (Defendant Location: bond.) (KXS) (Entered: 05/24/2012)
05/24/201226 NOTICE OF PRETRIAL MOTION WAIVER as to Robert Brake (1), Brake Landscaping and Lawncare, Inc. (2) The following motions are withdrawn: Docs. 14-15. IT IS HEREBY ORDERED that this case is set for a trial before a jury on June 18, 2012 at 8:30 a.m. 14 15 Signed by Magistrate Judge David D. Noce on 5/24/12. (KXS) (Entered: 05/24/2012)
06/18/201228 SUPERSEDING INFORMATION as to Robert Brake (1) count(s) 1s. (Attachments: # 1 Criminal Cover Sheet) (KLK) (Entered: 06/18/2012)
06/18/201229 ENTRY OF ATTORNEY APPEARANCE John J. Ware appearing for USA. (KLK) (Entered: 06/18/2012)
06/18/201230 Minute Entry for proceedings held before Honorable Catherine D. Perry:Change of Plea Hearing as to Robert Brake held on 6/18/2012. Guilty on count one. Superseding Information and Guilty Plea Agreement filed. (Sentencing set for 9/13/2012 08:30 AM before Honorable E. Richard Webber.)(Court Reporter:S. White.) (FTR Gold: No.) (proceedings started: 10:05.) (proceedings ended: 10:45.) (Defendant Location: Bond.) (BRP) (Main Document 30 replaced on 6/18/2012) (BRP). (Entered: 06/18/2012)
06/18/201231 Minute Entry for proceedings held before Honorable Catherine D. Perry:Change of Plea Hearing as to Brake Landscaping and Lawncare, Inc held on 6/18/2012. Guilty on counts one. Guilty Plea Agreement filed. (Sentencing set for 9/13/2012 08:30 AM before Honorable E. Richard Webber.) (Court Reporter:S. White.) (FTR Gold: No.) (proceedings started: 10:05.) (proceedings ended: 10:45.) (Defendant Location: Bond.) (BRP) (Entered: 06/18/2012)
06/18/201232 GUILTY PLEA AGREEMENT - FILED UNDER SEAL as to Robert Brake (BRP) (Entered: 06/18/2012)
06/18/201233 GUILTY PLEA AGREEMENT - FILED UNDER SEAL as to Brake Landscaping and Lawncare, Inc. (BRP) (Entered: 06/18/2012)
06/20/201234 Warrant Returned Executed as to Superseding Information on June 18, 2012 in case as to Robert Brake. (CBL) (Entered: 06/21/2012)
08/23/201237 OBJECTION TO PRESENTENCE INVESTIGATION REPORT by Robert Brake, Brake Landscaping and Lawncare, Inc. (Harms, Joe) (Entered: 08/23/2012)
08/29/201238 ACCEPTANCE TO PRESENTENCE INVESTIGATION REPORT by USA as to Robert Brake (Ware, John) (Entered: 08/29/2012)
08/29/201239 ACCEPTANCE TO PRESENTENCE INVESTIGATION REPORT by USA as to Brake Landscaping and Lawncare, Inc. (Ware, John) (Entered: 08/29/2012)
09/06/201240  FINAL PRESENTENCE INVESTIGATION REPORT (including addendum) as to Robert Brake (Attachments: # 1 Letter)(MAS) (Entered: 09/06/2012)
09/06/201242  FINAL PRESENTENCE INVESTIGATION REPORT (including addendum) as to Brake Landscaping and Lawncare, Inc. (Attachments: # 1 Letter)(MAS) (Entered: 09/06/2012)
09/12/201245  Letter (GZT) (Entered: 09/12/2012)
09/12/201246 ACCEPTANCE TO PRESENTENCE INVESTIGATION REPORT by Robert Brake (Harms, Joe) (Entered: 09/12/2012)
09/12/201247 ACCEPTANCE TO PRESENTENCE INVESTIGATION REPORT by Brake Landscaping and Lawncare, Inc. (Harms, Joe) (Entered: 09/12/2012)
09/13/201248 Minute Entry for proceedings held before District Judge E. Richard Webber:Sentencing as to Robert Brake held on 9/13/2012. Defendant/parties present for imposition of sentence. Presentence Report adopted/accepted by Court as findings of fact. No objections to Presentence report filed by either party. Oral motion by Government and Court grants motion. Defendant is released on Probation pending processing by USMS. Certificate of compliance with Local Rule 12.07(A) provided to defendant's attorney. (Court Reporter:D. Kriegshauser.) (FTR Gold: No.) (proceedings started: 8:40.) (proceedings ended: 8:50.) (Defendant Location: bond.) (MCB) (Entered: 09/13/2012)
09/13/201249 NOTICE by Robert Brake of Certification of Compliance with Local Rule 12.07. (MCB) (Entered: 09/13/2012)
09/13/201250 Minute Entry for proceedings held before District Judge E. Richard Webber:Sentencing as to Brake Landscaping and Lawncare, Inc. held on 9/13/2012. Defendant/parties present for imposition of sentence. Presentence Report adopted/accepted by Court as findings of fact. No objections to Presentence report filed by either party. Defendant is released on Probation pending processing by USMS. Certificate of compliance with Local Rule 12.07(A) provided to defendant's attorney. The forfeiture of $145,000 has been paid. (Court Reporter:D. Kriegshauser.) (FTR Gold: No.) (proceedings started: 8:50.) (proceedings ended: 9:00.) (Defendant Location: bond.) (MCB) Modified on 9/13/2012 (MCB). (Entered: 09/13/2012)
09/13/201251 NOTICE by Brake Landscaping and Lawncare, Inc. of Certification of Compliance with Local Rule 12.07. (MCB) (Entered: 09/13/2012)
09/13/201252 JUDGMENT as to Robert Brake (1), Count(s) 1s, Defendant is hereby sentenced to probation for a term of two years with additional probation terms. Special Assessment of $10 which is due immediately. Signed by District Judge E. Richard Webber on September 13, 2012. (MCB) (Entered: 09/13/2012)
09/13/201253 JUDGMENT as to Brake Landscaping and Lawncare, Inc. (2), Count(s) 1r, Defendant organization is hereby placed on probation for a term of two years with special conditions of supervision. Special Assessment of $400.00 which is due immediately. Signed by District Judge E. Richard Webber on September 13, 2012. (MCB) (Entered: 09/13/2012)
09/13/201254  STATEMENT OF REASONS for Sentence as to defendant Brake Landscaping and Lawncare, Inc. Signed by District Judge E. Richard Webber on September 13, 2012. (MCB) (Entered: 09/13/2012)
09/13/2012  Receipt CT 4644030762 in the amount of $10.00 for SPECIAL PENALTY ASSESSMENT on behalf of Brake, Robert (CCAM) (Entered: 09/16/2012)
09/13/2012  Receipt CT 4644030762 in the amount of $400.00 for SPECIAL PENALTY ASSESSMENT on behalf of Brake Landscaping and Lawncare (CCAM) (Entered: 09/16/2012)
09/14/201255 AMENDED JUDGMENT (to correct spelling of defendant's last name) as to Robert Brake (1), Count(s) 1s, Defendant is hereby sentenced to probation for a term of two years with additional probation terms. Special Assessment of $10 which is due immediately. Signed by District Judge E. Richard Webber on September 14, 2012. (MCB) (Entered: 09/14/2012)
09/17/201256 Marshal's Return on Judgment as to Robert Brake on September 14, 2012. Defendant was released to 2 years probation. (MCB) (Entered: 09/18/2012)