CLOSED


UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA (Western Division - Los Angeles)
CRIMINAL DOCKET FOR CASE #: 2:08-cr-01189-ODW-1


Case title: USA v. Capital Data Products LLC

Date Filed: 10/07/2008
Date Terminated: 06/22/2009

Assigned to: Judge Otis D Wright, II

Defendant (1)
Capital Data Products LLC
TERMINATED: 06/22/2009
represented byAmanda R Touchton
Law Offices of James W. Spertus
1990 South Bundy Drive Suite 705
Los Angeles, CA 90025
310-826-4700
Fax: 310-826-4711
Email: amanda@spertuslaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

James W Spertus
James W Spertus Law Offices
1990 South Bundy Drive Suite 705
Los Angeles, CA 90025
310-826-4700
Fax: 310-826-4711
Email: jim@spertuslaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:286 CONSPIRACY
(1)
Defendant is committed to the Bureau of Prisons for a term of 36 months. Compliance with US Probation Office and General Order 318. Defendant to pay special assessment of $400 which is due immediately. Defendant to pay restitution in total amount of $137,919.96 to victims as set forth in victim list. Partial payment of at least $4,000.00 shall be paid immediately. Defendant to pay to the United States a total fine of $280,000.00. Interest on fine is waived. Defendant advised of his right to appeal

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byDaniel J O'Brien
AUSA - Office of US Attorney
Major Frauds Section - US Courthouse
312 North Spring Street 12th Floor
Los Angeles, CA 90012-4700
213-894-2434
Fax: 213-894-6269
Email: USACAC.Criminal@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
10/07/20081 INFORMATION filed as to Capital Data Products LLC (1) count(s) 1. Offense occurred in LA. (ja) (Entered: 10/08/2008)
10/07/20082CASE SUMMARY filed by AUSA Caniel J. O'Brien as to Defendant Capital Data Products LLC (ja) (Entered: 10/08/2008)
10/07/20083PLEA AGREEMENT filed by Plaintiff USA as to Defendant Capital Data Products LLC (ja) (Entered: 10/08/2008)
10/07/20084MEMORANDUM filed by Plaintiff USA as to Defendant Capital Data Products LLC in regards to the following Magistrate Judges: Jacqueline Chooljian, Patrick J.Walsh, Jennifer T. Lum, Jeffrey W. Johnson (ja) (Entered: 10/08/2008)
10/07/20085MEMORANDUM filed by Plaintiff USA as to Defendant Capital Data Products LLC. This criminal action, being filed on 10/7/08, was not pending in the U. S. Attorneys Office before the date on which Judge Stephen G. Larson began receiving criminal matters. (ja) (Entered: 10/08/2008)
10/27/20087STATEMENT OF CONSTITUTIONAL RIGHTS filed by Defendant Capital Data Products LLC. (lom) (Entered: 10/29/2008)
10/27/20088WAIVER OF INDICTMENT by Defendant Capital Data Products LLC before Magistrate Judge Jeffrey W. Johnson. (lom) (Entered: 10/29/2008)
10/27/20089DESIGNATION AND APPEARANCE OF COUNSEL; filed by James W Spertus appearing for Capital Data Products LLC (cbr) (Entered: 10/29/2008)
10/27/200810MINUTES OF POST-INDICTMENT ARRAIGNMENT: held before Magistrate Judge Jeffrey W. Johnson as to Capital Data Products LLC (1) Count 1, represented by James W. Spertus. Defendant entered not guilty plea to all counts as charged. This case is assigned to the calendar of District Judge Otis D. Wright II. The clerk will issue a minute order setting trial date, status conference, and change of plea. Court Smart: 10/27/08. (es) (Entered: 11/06/2008)
10/28/20086MINUTES OF IN CHAMBERS ORDER by Judge Otis D Wright, II:, Change of Plea Hearing set for 11/5/2008 10:00 AM, Pretrial Conference set for 12/8/2008 10:00 AM, Jury Trial set for 12/16/2008 10:00 AM before Judge Otis D Wright II. (tad) (Entered: 10/28/2008)
11/05/200811MINUTES OF Waiver of indictment, Change of Plea Hearing held before Judge Otis D Wright, II as to Defendant Capital Data Products LLC. Defendant sworn. Court questions defendants designee regarding Waiver of Indictment and the plea. Waiver of indictment executed by defendants president is deemed filed. Defendant withdraws previous plea of not guilty and The Defendant Capital Data Products LLC through its agent James Spertus (1) pleads GUILTY to Count 1. The plea is accepted. The Court refers defendants agent John Tucker to the Probation Office for the preparation of a Presentence Report. Sentencing set for 2/23/2009 10:30 PM before Judge Otis D Wright II. Parties are to file their positionpapers at least 14 days prior to the sentencing date. All dates other than the sentencing hearing date are vacated. All material witnesses are released. Court Reporter: Anne Kielwasser. (lc) (Entered: 11/07/2008)
11/20/200812NOTICE OF APPEARANCE of attorney Amanda R. Touchton, (Retained), appearing on behalf of Defendant Capital Data Products LLC, filed by Defendant Capital Data Products LLC. (Touchton, Amanda) (Entered: 11/20/2008)
11/20/200813NOTICE of Change of Attorney Information for attorney James W Spertus counsel for Capital Data Products LLC. Changing Address to 1990 South Bundy Drive, Suite 705, Los Angles, CA 90025. Filed by Defendant Capital Data Products, LLC (Spertus, James) (Entered: 11/20/2008)
02/03/200914 STIPULATION to Continue Sentencing from February 23, 2009 to March 30, 2009 filed by Defendant Capital Data Products LLC (Attachments: # 1 Proposed Order)(Spertus, James) (Entered: 02/03/2009)
02/06/200915ORDER CONTINUING THE SENTENCING OF DEFENDANT CAPITAL DATA PRODUCTS, LLC by Judge Otis D Wright, II re Stipulation to Continue 14 . Having received and reviewed the parties Stipulation to Continue Sentencing, and finding good cause showing therein, the sentencing of Defendant Capital Data Products, LLC is hereby continued from February 23, 2009 until 3/30/2009 at 10:30 A.M. in the above-captioned action. (sch) (Entered: 02/09/2009)
03/27/200918POSITION WITH RESPECT TO SENTENCING FACTORS filed by Plaintiff USA as to Defendant Capital Data Products LLC (Attachments: # 2 Exhibit)(O'Brien, Daniel) (Entered: 03/27/2009)
03/30/200919MINUTES OF Status Conference held before Judge Otis D Wright II as to Defendant Capital Data Products LLC. Case called, appearances made. Capital Data Products LLC is represented by its agent John Tucker. Also present is Special Agent Martin Kolega, Defense Criminal Investigative Service. The Court confers with counsel. The Sentencing hearing presently scheduled for March 30, 2009 at 10:30 a.m. is hereby CONTINUED to Wednesday, 5/20/2009 at 03:00 PM. Counsel are to file supplemental position papers prior to sentencing. Court Reporter: Anne Kielwasser. (sch) (Entered: 03/30/2009)
05/14/200920NOTICE of Manual Filing of Supplemental Financial Information filed by Defendant Capital Data Products LLC (Spertus, James) (Entered: 05/14/2009)
05/18/200923SEALED DOCUMENT- Defendant Capitol Data Products LLC's Exparte Application for Order Sealing Document; Declaration of James W. Spertus.(mat) (Entered: 05/19/2009)
05/18/200924 ORDER by Judge Otis D Wright, II: granting 23 Sealing Defendant Capital Data Products LLC's Supplemental Financial Brief and Exparte Application (mat) (Entered: 05/19/2009)
05/18/200925SEALED DOCUMENT- Supplemental Brief Re: Financial Information Relevant to Defendants Sentencing. (mat) (Entered: 05/19/2009)
05/19/200922 STIPULATION to Continue Sentencing from May 20, 2009 to June 22, 2009 filed by Defendant Capital Data Products LLC (Attachments: # 1 Proposed Order)(Spertus, James) (Entered: 05/19/2009)
05/19/200926ORDER TO CONTINUE sentencing as to Defendant Capital Data Products LLC. to 6/22/2009 11:00 AM by Judge Otis D Wright, II (lc) (Entered: 05/19/2009)
06/22/200929MINUTES OF SENTENCING Hearing held before Judge Otis D Wright, II as to Defendant Capital Data Products LLC. Defendant Capital Data Products LLC (1), Count(s) 1, Defendant is committed to the Bureau of Prisons for a term of 36 months. Compliance with US Probation Office and General Order 318. Defendant to pay special assessment of $400 which is due immediately. Defendant to pay restitution in total amount of $137,919.96 to victims as set forth in victim list. Partial payment of at least $4,000.00 shall be paid immediately. Defendant to pay to the United States a total fine of $280,000.00. Interest on fine is waived. Defendant advised of his right to appeal. Court Reporter: Katie Thibodeaux. (lc) (Entered: 06/22/2009)
06/22/200930JUDGMENT AND COMMITMENT by Judge Otis D Wright, II as to Defendant Capital Data Products LLC (1), Count(s) 1, Defendant is committed to the Bureau of Prisons for a term of 36 months. Compliance with US Probation Office and General Order 318. Defendant to pay special assessment of $400 which is due immediately. Defendant to pay restitution in total amount of $137,919.96 to victims as set forth in victim list. Partial payment of at least $4,000.00 shall be paid immediately. Defendant to pay to the United States a total fine of $280,000.00. Interest on fine is waived. Defendant advised of his right to appeal (lc) (Entered: 06/22/2009)