CLOSED, ECF

U.S. District Court
Southern District of New York (Foley Square)
CRIMINAL DOCKET FOR CASE #: 1:06-cr-00899-LTS-1


Case title: USA v. Broadcom Voice & Data, Inc.
Date Filed: 09/29/2006
Date Terminated: 05/14/2007
Assigned to: Judge Laura Taylor Swain

Defendant (1)
Broadcom Voice & Data, Inc.
TERMINATED: 05/14/2007 		represented byJerry Garguilo
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
Disposition
15:1.F ANTITRUST VIOLATIONS
(1)		 Probation: 3 years. SA: $200.00.

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
None

Highest Offense Level (Terminated)
None

Complaints
Disposition
None

Plaintiff
USA represented byElizabeth B. Prewitt
United States Department of Justice
26 Federal Plaza, Room 3630
New York, NY 10038
(212)-264-9319
Fax: (212)-264-0678
Email: elizabeth.prewitt@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Bryan Christopher Bughman
U.S. Department of Justice, Antitrust Division (NY)
26 Federal Plaza, Room 3630
New York, NY 10278
(212)-264-0655
Fax: (212)-264-0678
Email: bryan.bughman@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
09/19/20061NOTICE OF INTENT TO FILE an Information by U.S.A. as to Broadcom Voice & Data, Inc. (jar, ) (Entered: 10/06/2006)
09/29/2006  Case Designated ECF as to Broadcom Voice & Data, Inc..(jm, ) (Entered: 10/03/2006)
09/29/20062 INFORMATION (Felony) filed as to Broadcom Voice & Data, Inc. (1) count(s) 1. (jar, ) (Entered: 10/06/2006)
09/29/2006  Minute Entry for proceedings held before Judge Henry B. Pitman :Initial Appearance as to Broadcom Voice & Data, Inc. held on 9/29/2006. (jar, ) (Entered: 10/06/2006)
09/29/20063WAIVER OF INDICTMENT by Broadcom Voice & Data, Inc.. (jar, ) (Entered: 10/06/2006)
09/29/2006  Minute Entry for proceedings held before Judge Henry B. Pitman :Arraignment as to Broadcom Voice & Data, Inc. (1) Count 1 held on 9/29/2006. Filed waiver of Indictment and Information; AUSA Prewitt present. Deft present with atty Garguilo. Deft pleads guilty to information. PSI ordered 9/29/2006. Sentence date 1/8/2007 2pm. (jar, ) (Entered: 10/06/2006)
09/29/2006  Minute Entry for proceedings held before Judge Henry B. Pitman : Plea entered by Broadcom Voice & Data, Inc. (1) Guilty as to Count 1. (jar, ) (Entered: 10/06/2006)
09/29/2006  ORDER FOR PRE-SENTENCE INVESTIGATION REPORT as to Broadcom Voice & Data, Inc.. (Signed by Judge Henry B. Pitman on 9/29/2006)(jar, ) (Entered: 10/06/2006)
09/29/2006  ORAL ORDER as to Broadcom Voice & Data, Inc., As to Broadcom Voice & Data, Inc. Sentencing set for 1/8/2007 02:00 PM before Judge Laura Taylor Swain. (Signed by Judge Henry B. Pitman on 9/29/2006)(jar, ) (Entered: 10/06/2006)
09/29/20064PLEA AGREEMENT as to Broadcom Voice & Data, Inc. pursuant to Rule 11(c)(1)(B) of the Fed. R. of Crim. P. (jar, ) (Entered: 10/10/2006)
09/29/20065  COURT EXHIBIT 1 as to Broadcom Voice & Data, Inc. (jar, ) (Entered: 10/10/2006)
09/29/20066CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE ON A FELONY PLEA ALLOCUTION by Broadcom Voice & Data, Inc. (jar, ) (Entered: 10/10/2006)
10/18/20067ORDER ACCEPTING THE PLEA ALLOCUTION BEFORE A US MAGISTRATE JUDGE as to Broadcom Voice & Data, Inc. The Court has carefully reviewed the transcript of the allocution, the charging papers, and all other pertinent parts of the record. The Report and Recommendation is accepted and the plea is acceptable to the Court. The Clerk of the Court is directed to enter the plea. (Signed by Judge Laura Taylor Swain on 10/13/06)(jw, ) (Entered: 10/19/2006)
12/20/20068ENDORSED LETTER as to Broadcom Voice & Data, Inc. addressed to Judge Swain from Attorney Elizabeth B. Prewitt, U.S. Department of Justice, Antitrust Division, New York Office dated 12/14/06 re: submitted to request an adjournment of the sentencing to 1/30/07 at 4:30 p.m. ENDORSEMENT: The request is granted. (Signed by Judge Laura Taylor Swain on 12/18/06)(bw, ) (Entered: 12/20/2006)
12/20/2006  Set/Reset Hearings as to Broadcom Voice & Data, Inc.: Sentencing set for 1/30/2007 04:30 PM before Judge Laura Taylor Swain.(bw, ) (Entered: 12/20/2006)
01/24/20079ENDORSED LETTER as to Broadcom Voice & Data, Inc. addressed to Judge Swain from Attorney Jerry Garguilo dated 1/17/07 re: submitted to request an adjournment of the sentencing until 3/8/07. ENDORSEMENT: The sentencing is adjourned to March 8, 2007 at 11:00 AM. (Signed by Judge Laura Taylor Swain on 1/23/07)(bw) (Entered: 01/24/2007)
01/24/2007  Set/Reset Hearings as to Broadcom Voice & Data, Inc.: Sentencing set for 3/8/2007 11:00 AM before Judge Laura Taylor Swain. (bw) (Entered: 01/24/2007)
02/20/200710NOTICE OF ATTORNEY APPEARANCE Bryan Christopher Bughman appearing for USA. (Bughman, Bryan) (Entered: 02/20/2007)
03/07/200711ENDORSED LETTER as to Broadcom Voice & Data, Inc. addressed to Judge Swain from Attorney Jerry Garguilo dated 2/27/07 re: submitted to request an adjournment of sentencing until 5/11/07. ENDORSEMENT: The sentencing is adjourned to May 11, 2007 at 3:15 p.m. (Signed by Judge Laura Taylor Swain on 3/2/07)(bw) (Entered: 03/07/2007)
03/07/2007  Set/Reset Hearings as to Broadcom Voice & Data, Inc.: Sentencing set for 5/11/2007 03:15 PM before Judge Laura Taylor Swain. (bw) (Entered: 03/07/2007)
05/03/200712SENTENCING MEMORANDUM by USA as to Broadcom Voice & Data, Inc.. (Bughman, Bryan) (Entered: 05/03/2007)
05/09/200713ENDORSED LETTER as to Broadcom Voice & Data, Inc., addressed to Judge Swain, from Jerry Garguilo, Atty for dft, dated 5/7/07, re: dft is scheduled to be sentenced on 5/11/07 at 3:15 p.m... it is respectfully requested that Rosaleen O'Leary, President of the dft corporation, appearance at sentencing be waived... and that Timothy P. O'Leary appear in Mrs. O'Leary's stead. --- Judge endorsed: Timothy P. O'Leary may appear in Mrs. O'Leary's stead. The request for waiver of appearance by an individual on behalf of the corporation is denied. SO ORDERED. (Signed by Judge Laura Taylor Swain on 5/8/07)(ja) (Entered: 05/09/2007)
05/10/200714SENTENCING MEMORANDUM by USA as to Broadcom Voice & Data, Inc.. (Bughman, Bryan) (Entered: 05/10/2007)
05/11/2007  Minute Entry for proceedings held before Judge Laura Taylor Swain :Sentencing held on 5/11/2007 for Broadcom Voice & Data, Inc. (1) Count 1. (ja) (Entered: 05/16/2007)
05/14/200716FILED JUDGMENT IN A CRIMINAL CASE as to Broadcom Voice & Data, Inc. (1), The defendant organization, Broadcom Voice & Data, Inc. pleaded guilty to Count(s) 1, Probation: 3 years. SA: $400.00. Fine: $200,000.00. Restitution: $173,993.00. The Court determined that the defendant organization does not have the ability to pay interest, and it is ordered that the interest requirement is waived for the fine and restitution (See Schedule of Payments). Lump sum payment of $400.00 is due immediately. (Signed by Judge Laura Taylor Swain on 5/14/07)(ja) (Entered: 05/16/2007)
06/21/200717 TRANSCRIPT of Proceedings as to Broadcom Voice & Data, Inc. held on 5/11/2007 before Judge Laura Taylor Swain. (jar) (Entered: 06/21/2007)
11/13/2007  Payment of restitution from Broadcom Voice & Data, Inc. in the amount of $62,300.00. Date Received: 11/9/07. (mn) (Entered: 11/13/2007)
11/13/2007  Payment of Fine from Broadcom Voice & Data, Inc. in the amount of $100.00. Date Received: 11/9/07. (mn) (Entered: 11/13/2007)
05/12/2008  Payment of restitution from Broadcom Voice & Data, Inc. in the amount of $62,300.00. Date Received: 5/12/08. (mn) (Entered: 05/12/2008)
11/13/2008  Payment of Fine from Broadcom Voice & Data, Inc. in the amount of $12,607.00. Date Received: 11/12/08. (mn) (Entered: 11/13/2008)
11/13/2008  Payment of restitution from Broadcom Voice & Data, Inc. in the amount of $49,693.00. Date Received: 11/12/08. (mn) (Entered: 11/13/2008)
05/27/2009  Payment of Fine from Broadcom Voice & Data, Inc. in the amount of $62,300.00. Date Received: 5/26/09. (mn) (Entered: 05/27/2009)
05/11/2010  Payment of Fine from Broadcom Voice & Data, Inc. in the amount of $54,934.00. Date Received: 5/10/10. (mn) (Entered: 05/11/2010)
06/09/201018SATISFACTION OF JUDGMENT as to Broadcom Voice & Data, Inc., in the amount of $374,393.00. Judgment satisfied on 6/1/2009. (dnd) (Entered: 06/14/2010)