CLOSED

U.S. District Court
Northern District of New York - Main Office (Syracuse) [LIVE - Version 4.1.1] (Syracuse)
CRIMINAL DOCKET FOR CASE #: 5:02-cr-00244-HGM-1


Case title: USA v. CRI Environment

Date Filed: 06/27/2002
Date Terminated: 06/27/2002

Assigned to: Senior Judge Howard G. Munson

Defendant (1)
CRI Environment, Inc.
TERMINATED: 02/12/2003
represented byBradley M. Pinsky
Pinsky, Skandalis Law Firm
5790 Widewaters Parkway
Suite 250
Syracuse, NY 13214-1850
315-428-8344
Fax: 315-475-8230
Email: brad@emsfirelaw.com
TERMINATED: 02/12/2003
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
42:6928.F STORES/TREATS/TRANSPORTS ETC. - RE-USED OIL - On or about December, 1999 in the Northern District of New York and elsewhere, the deft., knowingly ommitted material information and made a false material statement and representation in a manifest and shipping records. The ommitted information and false documents were intended and did make it appear that the deft. was rejecting a drum of hazardous waste from the generator of such hazardous waste despite knowing that the listed company was not the generator nor allowed by law to accept this waste. The ommitted information and false documents also hid the fact that the drum contained acutely reactive/explosive hazardous waste.
(1)
Entry of Plea: Corporate Deft appears by its attorney Bradley M. Pinsky, Esq. AUSA Craig A. Benedict advises Court of Charges and plea agreement with Corporate deft pursuant to Fed R. Crim. P. Rule 11(e)(1)(C) to One Count Information 2002-CR-0244-01 . Judge Munson advises Attorney for Corporation of deft's of rights. Pursuant to a Corporate Resolution by Corporate Deft CRI Environmental, Inc., the Corporate deft through its attorney signs waiver of Indictment, waives reading Information 200 2-CR-0244-01, and by and through its Attorney Bradley M. Pinsky, Esq, pleads Guilty to Count 1 of the Information 2002-CR-0244-01. After extensive interrogation by the Court, Judge Munson accepts the plea agreement directs the entry of a Corporate pl ea of guilty to Count 1 of the Information 2002-CR-0244-01. Upon the expressed consent of all parties and in the interest of justice, the Court is prepared to proceed with sentencing without the benefit presentence investigation and report. The Court finds in accordance with USSG 6A1.1 that there is information in the record sufficient to enable the meaningful exercise of the Court's sentencing authority pursuant to 18 USC 3553. The Court has before it the Information 2002-CR-0244-01, Plea Agreement. The Court finds the guidelines do not apply to the count of conviction. The Court accepts the plea agreement as it is satisfied the agreed upon sentence meets the general statutory provisions governing sentencing. Sentence. Judge Munson ad vises deft Corporation of rights and pursuant to the Rule 11(e)(1)(C) Corporate plea of guilty to Count 1 of the Information 2002-CR-244-01, hereby orders that the deft Corporation, CRI Environmental, Inc., is sentenced to Probation for a term of 2 Y EARS. While under Probation Supervision, the deft organization shall not commit another crime and shall comply with the standard conditions of supervision for organizations specified in the Judgment, and the following special conditions: It is furthe r ordered that the deft Corporation shall pay Fine to the United States in the amount of $30,000.00, and a Special Assessment to the Clerk of the Court in the amount of $400.00. Each of these criminal monetary penalties shall be due immedia tely. Parties advised of appeal.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA
TERMINATED: 02/12/2003
represented byCraig A. Benedict
Office of the United States Attorney - Syracuse
P.O. Box 7198
100 South Clinton Street
Syracuse, NY 13261-7198
315-448-0672
Fax: 315-448-0658
Email: craig.benedict@usdoj.gov
TERMINATED: 02/12/2003
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
06/27/2002  Initial appearance as to CRI Environment held (Defendant informed of rights.) before Judge Munson (fce) (Entered: 06/28/2002)
06/27/2002WAIVER OF INDICTMENT by CRI Environment (fce) (Entered: 06/28/2002)
06/27/20022INFORMATION as to CRI Environment (1) count(s) 1 (fce) (Entered: 06/28/2002)
06/27/2002Plea Agreement as to CRI Environment (fce) (Entered: 06/28/2002)
06/27/2002  PLEA of Guilty: CRI Environment (1) count(s) 1 ; Court accepts plea. Remaining counts, if any, to be dismissed at sentencing. (fce) (Entered: 06/28/2002)
06/27/2002Minute entry as to CRI Environment for Initial Appearance before Judge Howard G. Munson; APPR: Craig A. Benedict AUSA for Govt; Bradley M. Pinsky, Esq. for deft.; Judge Munson advises Atty. for Corporation of deft's rights; Pursuant to a Corporate Resolution by Corporate Deft. CRI Environmental, Inc., the Corporate deft. through its atty. signs waiver of Indictment, waives reading Information 2002-CR-0244-01; Pleads guilty to Count 1 of the Information; After extensive interrogation by the Court, Judge Munson accepts the plea agreement; Directs the entry of a Corporate plea of guilty to Count 1; Upon consent of all parties, the Court prepared to proceed with sentencing without presentence investigation and report; CRI Environmental, Inc., is sentenced to Porbation for a term of 2 yrs.; Deft. shall comply with the standard conditions of supervision for organizations and the following conditions: It is further ordered that the deft. Corporation shall pay a Fine to the U.S. in the amount of $30,000.00 and a Special Assessment to the Clerk of the Court in the amount of $400.00, due immediately; Parties advised of appeal. Court Clerk: Phillip T. McBrearty [2:00 pm Court in Session]; Steno: Jodi Hibbard (fce) (Entered: 07/01/2002)
06/27/2002NOTICE of Plea by CRI Environment's atty. (fce) (Entered: 07/01/2002)
06/27/2002  Sentencing held as to CRI Environment (1) on count 1 (jmb) (Entered: 07/02/2002)
06/27/2002  RECEIPT for Payment of special assessment paid by CRI Environment AMOUNT $ 400.00 Receipt # 64762 (mfd) (Entered: 02/18/2003)
07/01/2002  RECEIPT for Payment of fine paid by CRI Environment AMOUNT: $30,000 receipt #64779. $ 30,000.00 Receipt # 64779 (mnm) (Entered: 07/01/2002)
11/05/20026JUDGMENT CRI Environment (1) count(s) 1. Entry of Plea: Corporate Deft appears by its attorney Bradley M. Pinsky, Esq. AUSA Craig A. Benedict advises Court of Charges and plea agreement with Corporate deft pursuant to Fed R. Crim. P. Rule 11(e)(1)(C) to One Count Information 2002-CR-0244-01. Judge Munson advises Attorney for Corporation of deft's of rights. Pursuant to a Corporate Resolution by Corporate Deft CRI Environmental, Inc., the Corporate deft through its attorney signs waiver of Indictment, waives reading Information 2002-CR-0244-01, and by and through its Attorney Bradley M. Pinsky, Esq, pleads Guilty to Count 1 of the Information 2002-CR-0244-01. After extensive interrogation by the Court, Judge Munson accepts the plea agreement directs the entry of a Corporate plea of guilty to Count 1 of the Information 2002-CR-0244-01. Upon the expressed consent of all parties and in the interest of justice, the Court is prepared to proceed with sentencing without the benefit presentence investigation and report. The Court finds in accordance with USSG 6A1.1 that there is information in the record sufficient to enable the meaningful exercise of the Court's sentencing authority pursuant to 18 USC 3553. The Court has before it the Information 2002-CR-0244-01, Plea Agreement. The Court finds the guidelines do not apply to the count of conviction. The Court accepts the plea agreement as it is satisfied the agreed upon sentence meets the general statutory provisions governing sentencing. Sentence. Judge Munson advises deft Corporation of rights and pursuant to the Rule 11(e)(1)(C) Corporate plea of guilty to Count 1 of the Information 2002-CR-244-01, hereby orders that the deft Corporation, CRI Environmental, Inc., is sentenced to Probation for a term of 2 YEARS. While under Probation Supervision, the deft organization shall not commit another crime and shall comply with the standard conditions of supervision for organizations specified in the Judgment, and the following special conditions: It is further ordered that the deft Corporation shall pay Fine to the United States in the amount of $30,000.00, and a Special Assessment to the Clerk of the Court in the amount of $400.00. Each of these criminal monetary penalties shall be due immediately. Parties advised of appeal. ( Signed by Senior Judge Howard G. Munson on 11/5/02 ) Date Served: 11/5/02 (ptm) (Entered: 02/12/2003)
06/17/2008  File Transferred to Federal Records Center; Storage Information on this Closed Case: Accession Number 021-04-0211, Box 14 of 14, Location Number E38-17-06-3 (kee) (Entered: 06/17/2008)