CLOSED

U.S. District Court
District of South Carolina (Spartanburg)
CRIMINAL DOCKET FOR CASE #: 7:01-cr-00203-HMH-2


Case title: USA v. Adams, et al

Date Filed: 02/22/2001
Date Terminated: 01/14/2002

Assigned to: Judge Henry M Herlong, Jr

Defendant (2)
Carolina Upgrading of South Carolina Inc
TERMINATED: 01/28/2002
represented byBeattie B Ashmore
Beattie B Ashmore Law Office
650 E Washington Street
Greenville, SC 29601
864-467-1001
Email: Beattie@BeattieAshmore.com
TERMINATED: 01/28/2002
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

James H Price , III
644 E Washington Street
Greenville, SC 29601
864-271-3535
Fax: 864-242-6560
Email: jhp123@sctriallawyers.com
TERMINATED: 01/28/2002
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Pending Counts

Disposition
18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES (February 22, 2001)
(1)
3 years probation, unsupervised, for each count, all to be served concurrently with conditions that the defendant organization shall provide financial information to the probation officer upon request, the defendant organization shall pay a special a ssessment fee of $6000 immediately
18:1341 MAIL FRAUD from March 1994 until October 1999 as to UST customer in Brevard, NC; and 18:2 aid and abet
(2)
3 years probation, unsupervised, for each count, all to be served concurrently with conditions that the defendant organization shall provide financial information to the probation officer upon request, the defendant organization shall pay a special a ssessment fee of $6000 immediately
18:1341 MAIL FRAUD on about August 4, 1999 as to UST in Lexington, Tenneesee; and 18:2 aid and abet
(3)
3 years probation, unsupervised, for each count, all to be served concurrently with conditions that the defendant organization shall provide financial information to the probation officer upon request, the defendant organization shall pay a special a ssessment fee of $6000 immediately
18:1341 MAIL FRAUD on about August 5, 1999 as to UST in Morriston, Tennessee; and 18:2 aid and abet
(4)
3 years probation, unsupervised, for each count, all to be served concurrently with conditions that the defendant organization shall provide financial information to the probation officer upon request, the defendant organization shall pay a special a ssessment fee of $6000 immediately
18:1341 MAIL FRAUD on about August 23, 1999 as to UST in Rome, Georgia; and 18:2 aid and abet
(5)
3 years probation, unsupervised, for each count, all to be served concurrently with conditions that the defendant organization shall provide financial information to the probation officer upon request, the defendant organization shall pay a special a ssessment fee of $6000 immediately
18:1341 MAIL FRAUD on about August 24, 1999 as to customer located in Elizabeth City, North Carolina; and 18:2 aid and abet
(6)
3 years probation, unsupervised, for each count, all to be served concurrently with conditions that the defendant organization shall provide financial information to the probation officer upon request, the defendant organization shall pay a special a ssessment fee of $6000 immediately
18:1341 MAIL FRAUD on or about September 14, 1999 as to customer in located in Rome, Georgia
(7)
3 years probation, unsupervised, for each count, all to be served concurrently with conditions that the defendant organization shall provide financial information to the probation officer upon request, the defendant organization shall pay a special a ssessment fee of $6000 immediately
18:1341 MAIL FRAUD on or about October 13, 1999 as to Customer in Rome, Georgia; and 18:2 aid and abet
(8)
3 years probation, unsupervised, for each count, all to be served concurrently with conditions that the defendant organization shall provide financial information to the probation officer upon request, the defendant organization shall pay a special a ssessment fee of $6000 immediately
18:287 FALSE CLAIMS on dates from April 26, 1996 through March 28, 1997; and 18:2 aid and abet
(9-15)
3 years probation, unsupervised, for each count, all to be served concurrently with conditions that the defendant organization shall provide financial information to the probation officer upon request, the defendant organization shall pay a special a ssessment fee of $6000 immediately

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byRaymond Emery Clark
US Attorneys Office
1441 Main Street
Suite 500
Columbia, SC 29201
803-929-3000
Fax: 803-252-2759
Email: emery.clark@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Daniel W Dooher
US Department of Justice
Environmental Crimes Section
PO Box 23985
Washington, DC 20026-3985
202-305-0351

Date Filed #Docket Text
02/22/2001INDICTMENT as to James Edward Adams (1) count(s) 1, 2, 3, 4, 5, 6, 7, 8, 9-15, Carolina Upgrading (2) count(s) 1, 2, 3, 4, 5, 6, 7, 8, 9-15 (sjam) (Entered: 02/26/2001)
03/06/2001  SUMMONS(ES) issued for James Edward Adams, Carolina Upgrading Arraignment set for 10:00 3/22/01 for James Edward Adams, for Carolina Upgrading (sjam) (Entered: 03/06/2001)
03/14/2001  CASE assigned to Judge G. R. Anderson Jr. (former empl) (Entered: 03/14/2001)
03/15/2001SUMMONS Returned Executed as to Carolina Upgrading 3/9/01 certified mail (kric) (Entered: 03/15/2001)
03/22/2001Arraignment as to James Edward Adams, Carolina Upgrading held before Magistrate Judge George C. Kosko James Edward Adams (1) count(s) 1, 2, 3, 4, 5, 6, 7, 8, 9-15, Carolina Upgrading (2) count(s) 1, 2, 3, 4, 5, 6, 7, 8, 9-15 (Attorney: Special appearances by Chip Price for Carolina Upgrading and Jack Swirling for James Adams ) unsecured BOND entered Amount $ 25,000.00 unsecured for each defendant. Defendants plead NOT GUILTY (Molly Adams signs for Carolina Upgrading) Location release Court reporter: ESR K01-04 4-396 (kric) Modified on 03/22/2001 (Entered: 03/22/2001)
03/22/2001 unsecured BOND entered by Carolina Upgrading in Amount $ 25,000.00 (Signed by Magistrate Judge George C. Kosko ) svd (kric) (Entered: 03/22/2001)
03/26/2001  CASE reassigned to Judge Henry M. Herlong Jr. (related cases 7:01-174 & 7:00-248) (former empl) (Entered: 03/26/2001)
04/11/2001NOTICE of Hearing as to James Edward Adams, Carolina Upgrading set status conference for 10:00 4/18/01 for James Edward Adams, for Carolina Upgrading before Magistrate Judge George C. Kosko svd (kric) (Entered: 04/11/2001)
04/12/2001NOTICE of Hearing as to James Edward Adams, Carolina Upgrading set status conference for 10:00 4/17/01 for James Edward Adams, for Carolina Upgrading before Magistrate Judge George C. Kosko (kric) (Entered: 04/12/2001)
04/16/200110 NOTICE of Hearing as to James Edward Adams, Carolina Upgrading set pretrial conference for 10:00 4/25/01 for James Edward Adams, for Carolina Upgrading before Magistrate Judge William M. Catoe svd (sfet) (Entered: 04/16/2001)
04/25/200111 Pretrial conference cancelled as to James Edward Adams, Carolina Upgrading due to continuance order (kric) (Entered: 04/27/2001)
04/30/200113 NOTICE of Appearance for Carolina Upgrading by Attorney Beattie B. Ashmore (kric) (Entered: 05/01/2001)
05/03/200114 MOTION by USA as to James Edward Adams, Carolina Upgrading for reciprocal discovery with proposed protective order (kric) (Entered: 05/03/2001)
05/09/200115 ORDER as to James Edward Adams, Carolina Upgrading granting [14-1] motion for reciprocal discovery with proposed protective order as to James Edward Adams (1), Carolina Upgrading (2). The USA is protected if disclosing GJ trial testimony; all ptys bound by Rule 6(e) (Signed by Judge Henry M. Herlong Jr. ) svd (sfet) (Entered: 05/09/2001)
05/09/200116 ORDER as to James Edward Adams, Carolina Upgrading Continuing due to deft's request for more time to conduct discovery , reset Jury trial for 9:30 9/5/01 for James Edward Adams, for Carolina Upgrading before Judge Henry M. Herlong Jr. (Signed by Judge Henry M. Herlong Jr. ) svd (sfet) (Entered: 05/09/2001)
08/14/200118 NOTICE of Hearing as to James Edward Adams, Carolina Upgrading set pretrial conference for 10:00 8/23/01 for James Edward Adams, for Carolina Upgrading before Magistrate Judge William M. Catoe served (sfet) (Entered: 08/14/2001)
08/20/200119 NOTICE of Hearing as to James Edward Adams, Carolina Upgrading reset pretrial conference for 9:00 8/23/01 for James Edward Adams, for Carolina Upgrading before Magistrate Judge William M. Catoe (jsmi) (Entered: 08/20/2001)
08/23/200121 PRETRIAL CONFERENCE as to Carolina Upgrading held before Magistrate Judge William M. Catoe. Defendant and attorney not present. Government attorney says set for plea. Court Reporter: Wiseman. (sjam) (Entered: 08/23/2001)
08/23/200122 NOTICE of Hearing as to James Edward Adams, Carolina Upgrading set Change of Plea Hearing for 1:00 8/27/01 for James Edward Adams, for Carolina Upgrading before Judge Henry M. Herlong Jr. served (sfet) Modified on 08/24/2001 (Entered: 08/24/2001)
08/27/200124 Plea Agreement as to Carolina Upgrading (sfet) (Entered: 08/28/2001)
08/27/2001  Change of Plea Hearing as to James Edward Adams, Carolina Upgrading held before Judge Henry M. Herlong Jr. Court Reporter: Jean Cole (sfet) (Entered: 08/28/2001)
08/27/200126 PLEA proffered by Carolina Upgrading by and through the president and registered agent Molly Diane Adams as to counts 1 through 15 of the indictment. Court accepts plea, GUILTY PLEA ENTERED as to Carolina Upgrading (2) counts 1, 2, 3, 4, 5, 6, 7, 8, 9-15 (before Judge Henry M. Herlong Jr. ) Court Reporter: Jean Cole (sfet) (Entered: 08/28/2001)
08/30/200127 NOTICE of Judge Herlong's standing order for criminal cases as to James Edward Adams, Carolina Upgrading (sfet) (Entered: 08/30/2001)
01/07/200230 NOTICE of Hearing as to James Edward Adams, Carolina Upgrading set Sentencing for 1:00 1/14/02 for James Edward Adams, for Carolina Upgrading before Judge Henry M. Herlong Jr. served by fax this date and mailed to parties (sfet) (Entered: 01/07/2002)
01/14/200232 SENTENCING held before Judge Henry M. Herlong Jr. Carolina Upgrading (2) count(s) 1, 2, 3, 4, 5, 6, 7, 8, 9-15 Witness(es) no, Objections to Pre-Sentence Report: no, Court Reporter: Stephanie Wiseman (sfet) (Entered: 01/15/2002)
01/14/2002  PRESENTENCE INVESTIGATION REPORT (Sealed) as to Carolina Upgrading (sfet) (Entered: 01/15/2002)
01/28/200234 JUDGMENT Carolina Upgrading (2) counts 1, 2, 3, 4, 5, 6, 7, 8, 9 -15 3 years probation, unsupervised, for each count, all to be served concurrently with conditions that the defendant organization shall provide financial information to the probation officer upon request, the defendant organization shall pay a special assessment fee of $6000 immediately ( Signed by Judge Henry M. Herlong Jr. ) served (sfet) (Entered: 01/29/2002)
01/29/2002  Case closed as to James Edward Adams, Carolina Upgrading (all defendants) (sfet) (Entered: 01/29/2002)
02/06/200235 Certificate of completeness as to James Edward Adams, Carolina Upgrading, USA through document number 34 by the Clerk. (sfet) (Entered: 02/06/2002)