CLOSED

U.S. District Court
District of South Carolina (Columbia)
CRIMINAL DOCKET FOR CASE #: 3:03-cr-00265-JFA-2


Case title: USA v. Whitley, et al

Date Filed: 02/26/2003
Date Terminated: 08/03/2004

Assigned to: Honorable Joseph F Anderson, Jr

Defendant (2)
Cast Inc
TERMINATED: 08/05/2004
doing business as
Choice Rental Car Sales
represented byJoseph Preston Strom , Jr
Strom Law Firm
2110 Beltline Boulevard
Suite A
Columbia, SC 29204
803-252-4800
Fax: 803-252-4801
Email: petestrom@stromlaw.com
TERMINATED: 08/05/2004
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES in violation of 18:1341,1343, and 1344
(1s)
Defendant shall pay a fine of $175,000 within 15 days and a special assessment of $400 is due immediately.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES in violation of 18:1341, 1343, and 1344
(1)
Dismissed
18:1341 FRAUDS AND SWINDLES and 18:2 Aiding and Abetting
(2-15)
Dismissed
18:1341 FRAUDS AND SWINDLES and 18:2 Aid and Abet
(2s-15s)
Dismissed

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Interested Party
Pulliam Motor Co represented byErnest Crosby Lewis
Lewis Law
2519 Devine Street
Suite A
Columbia, SC 29205
803-256-6099
Email: ecl@eclewislaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

William Michael Duncan
Austin and Rogers
PO Box 11716
Columbia, SC 29211
803-256-4000
Fax: 803-252-3679
Email: wmduncan@austinrogerspa.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED


Interested Party
Dick Smith Automotive represented byRobert Thomas Strickland
Barnes Alford Stork and Johnson
PO Box 8448
Columbia, SC 29202
803-799-1111
Fax: 803-254-1335
Email: tom@basjlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED


Plaintiff
USA represented byDean A Eichelberger
US Attorneys Office
1441 Main Street
Suite 500
Columbia, SC 29201
803-929-3000
Fax: 803-254-2943
Email: dean.eichelberger@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
02/26/2003INDICTMENT as to Chris Whitley (1) count(s) 1, 2-15, Cast Inc (2) count(s) 1, 2-15 (kbos) (Entered: 02/27/2003)
02/26/2003SUMMONS(ES) issued for Cast Inc Arraignment set for 10:00 3/11/03 for Cast Inc (kbos) (Entered: 02/27/2003)
02/28/2003  CASE assigned to Chief Judge Joseph F. Anderson Jr (cqui) (Entered: 02/28/2003)
03/10/2003SUMMONS Returned Executed as to Cast Inc 3/5/03 (mflo) (Entered: 03/10/2003)
03/11/2003Arraignment as to Chris Whitley, Cast Inc held before Magistrate Judge Joseph R. McCrorey Chris Whitley (1) count(s) 1, 2-15, Cast Inc (2) count(s) 1, 2-15 (Attorney John Potterfield makes a special appearance on behalf of John S. Simmons, attorney Simmons to notify court w/i 10 days as to status of representation; Joseph Preston Strom Jr. makes a general appearance as to defendant, CAST, Inc.) UNSECURED BOND entered Amount $ 50,000.00 Defendants plead not guilty Location LR Court reporter: Jack Clark (ttil) (Entered: 03/11/2003)
03/11/2003PLEA entered by Cast Inc . Defendant enters plea of: not guilty. (ttil) (Entered: 03/11/2003)
03/11/2003NOTICE of Hearing as to Chris Whitley, Cast Inc set pretrial conference for 9:45 4/29/03 for Chris Whitley, for Cast Inc before Chief Judge Joseph F. Anderson Jr , set Jury selection for 9:30 5/5/03 for Chris Whitley, for Cast Inc before Chief Judge Joseph F. Anderson Jr (ttil) (Entered: 03/11/2003)
03/20/200311 MOTION by Cast Inc for discovery and inspection (mflo) (Entered: 03/21/2003)
03/20/200312 PRELIMINARY MOTION by Cast Inc to suppress any evidence obtained as a result of any illegal interrogation or an illegal arrest , illegal search and seizure of certain items , for leave to file additional motions to suppress (mflo) (Entered: 03/21/2003)
03/20/200313 MOTION by Cast Inc to Adopt Motion of Other Defendant (mflo) (Entered: 03/21/2003)
03/20/200314 MOTION by Cast Inc for leave to file additional motions (mflo) (Entered: 03/21/2003)
04/02/200317 MOTION by USA as to Chris Whitley, Cast Inc for reciprocal discovery (mflo) (Entered: 04/02/2003)
04/03/200318 DISCLOSURE ORDER as to Chris Whitley, Cast Inc (RE:Grand Jury Material) ( signed by Chief Judge Joseph F. Anderson Jr ) (mflo) (Entered: 04/03/2003)
04/21/200319 NOTICE of Hearing as to Chris Whitley, Cast Inc set jury selection for 9:30 5/5/03 for Chris Whitley, for Cast Inc before Chief Judge Joseph F. Anderson Jr (mflo) (Entered: 04/21/2003)
04/24/200320 ORDER FOR CONTINUANCE as to Chris Whitley, Cast Inc Continuing due to volume of discovery material , reset Jury trial for 7/7/03 for Chris Whitley, for Cast Inc before Chief Judge Joseph F. Anderson Jr , reset jury selection for 9:30 7/7/03 for Chris Whitley, for Cast Inc before Chief Judge Joseph F. Anderson Jr (Signed by Chief Judge Joseph F. Anderson Jr ) (mflo) (Entered: 04/24/2003)
06/11/200321 NOTICE of Hearing as to Chris Whitley, Cast Inc set pretrial conference for 10:00 6/18/03 for Chris Whitley, for Cast Inc before Chief Judge Joseph F. Anderson Jr (mflo) (Entered: 06/12/2003)
06/18/200324 PRETRIAL CONFERENCE as to Chris Whitley, Cast Inc held before Chief Judge Joseph F. Anderson Jr; defendant Cast, Inc possible plea, Counsel request motion hearing to be set; Court sets motion hearing for 7/14/03 at 11:00am, Government to prepare order of continuance, Court Reporter: Debra Jernigan. (mflo) (Entered: 06/19/2003)
06/20/200326 ORDER FOR CONTINUANCE as to Chris Whitley, Cast Inc Continuing due to motion to dismiss count 1 has not been ruled on , set jury selection for 9:30 9/2/03 for Chris Whitley, for Cast Inc before Chief Judge Joseph F. Anderson Jr , set Jury trial for 9/2/03 for Chris Whitley, for Cast Inc before Chief Judge Joseph F. Anderson Jr (Signed by Chief Judge Joseph F. Anderson Jr ) (mflo) (Entered: 06/20/2003)
06/27/200327 NOTICE of Hearing as to Chris Whitley, Cast Inc before Chief Judge Joseph F. Anderson Jr Motion Hearing for 11:00 7/14/03 as to: Chris Whitley, To Dismiss (mflo) (Entered: 06/27/2003)
07/02/200328 RESCHEDULED NOTICE of Hearing as to Chris Whitley, Cast Inc before Chief Judge Joseph F. Anderson Jr set Motion Hearing for 10:00 7/16/03 as to: Chris Whitley, To Dismiss (mflo) (Entered: 07/02/2003)
07/30/200331 NOTICE of Hearing as to Chris Whitley, Cast Inc set pretrial conference for 11:30 8/14/03 for Chris Whitley, for Cast Inc before Chief Judge Joseph F. Anderson Jr (mflo) (Entered: 07/30/2003)
08/05/200332 SEALED DOCUMENT as to Chris Whitley, Cast Inc (kbos) (Entered: 08/06/2003)
08/07/200333 SEALED DOCUMENT as to Chris Whitley, Cast Inc (supplement to government's Response to motion to dimiss) (former empl) (Entered: 08/08/2003)
08/14/200334 ORDER OF CONTINUANCE as to Chris Whitley, Cast Inc Continuing due to additional discovery has been given to defendants , reset Jury trial for 11/3/03 for Chris Whitley, for Cast Inc before Chief Judge Joseph F. Anderson Jr (Signed by Chief Judge Joseph F. Anderson Jr ) (mflo) (Entered: 08/14/2003)
08/14/200335 PRETRIAL CONFERENCE as to Chris Whitley, Cast Inc held before Chief Judge Joseph F. Anderson Jr, Government handed over late documents and parties would like a continuance until November term, ORAL ORDER Court will continue to November 3, 2003 term, Order to be filed, Court Reporter: Gary Smith. (mflo) (Entered: 08/15/2003)
08/22/200336 SUPERSEDING INDICTMENT as to Chris Whitley (1) count(s) 1s, 2s-15s, Cast Inc (2) count(s) 1s, 2s-15s (former empl) (Entered: 08/25/2003)
08/22/200337 NOTICE of Hearing as to Chris Whitley, Cast Inc SET Arraignment for 10:00 9/11/03 for Chris Whitley, for Cast Inc before Magistrate Judge Joseph R. McCrorey (former empl) (Entered: 08/25/2003)
09/16/200338 Arraignment as to Chris Whitley, Cast Inc held before Magistrate Judge Joseph R. McCrorey; Chris Whitley (1) count(s) 1s, 2s-15s, Cast Inc (2) count(s) 1s, 2s-15s Defendants plead not guilty; Location LR Court reporter: ESR/Tape03B26:890-1624 (ttil) (Entered: 09/16/2003)
09/16/200340 PLEA entered by Cast Inc . Defendant enters plea of: not guilty. (ttil) (Entered: 09/16/2003)
10/09/200343 NOTICE of Hearing as to Chris Whitley, Cast Inc set pretrial conference for 1:30 10/16/03 for Chris Whitley, for Cast Inc before Magistrate Judge Bristow Marchant (ljon) (Entered: 10/09/2003)
10/15/200344 NOTICE of Hearing as to Chris Whitley, Cast Inc set jury selection for 9:30 11/3/03 for Chris Whitley, for Cast Inc before Chief Judge Joseph F. Anderson Jr (mflo) (Entered: 10/15/2003)
10/16/200345 PRETRIAL CONFERENCE as to Chris Whitley, Cast Inc held before Magistrate Judge Bristow Marchant; No new issues since previous pretrial conference; Motion to suppress withdrawn; 3-4 day trial possible; Cast Inc. may resolve itself in regards to plea; Dates for trial to be discussed with district judge. Court Reporter: Jack Clarke. (ljon) (Entered: 10/17/2003)
10/28/200346 MOTION by interested party Pulliam Motor Co to quash subpoena for records custodian (mflo) (Entered: 10/28/2003)
10/29/200348 MOTION by interested party Dick Smith Auto to quash subpoena of records (mflo) (Entered: 10/30/2003)
10/29/200349 AFFIDAVIT of William S. Goodwin by Dick Smith Auto Re: [48-1] motion to quash subpoena of records (mflo) (Entered: 10/30/2003)
10/30/200347 NOTICE of Hearing as to Chris Whitley, Cast Inc set Jury trial for 9:15 12/8/03 for Chris Whitley, for Cast Inc before Chief Judge Joseph F. Anderson Jr (mflo) (Entered: 10/30/2003)
10/30/200350 NOTICE of Hearing as to Pulliam Motor Co, Dick Smith Auto, Chris Whitley, Cast Inc before Chief Judge Joseph F. Anderson Jr set Motion Hearing, for 4:00 11/3/03 as to: Pulliam Motor Co, To Quash; Dick Smith Auto, To Quash (mflo) (Entered: 10/30/2003)
11/03/200352 JURY SELECTION held before Chief Judge Joseph F. Anderson Jr as to Chris Whitley (1) count(s) 1s, 2s-15s, Cast Inc (2) count(s) 1s, 2s-15s Terminated motions: [22-1] motion to dismiss count 1 of the indictment . Motion Terminated. as to Chris Whitley (1), [17-1] motion for reciprocal discovery . Motion Terminated. as to Chris Whitley (1), Cast Inc (2), [16-1] motion for discovery and various other motions . Motion Terminated. as to Chris Whitley (1), [14-1] motion for leave to file additional motions . Motion Terminated. as to Cast Inc (2), [13-1] motion to Adopt Motion of Other Defendant . Motion Terminated. as to Cast Inc (2), [12-1] motion to suppress any evidence obtained as a result of any illegal interrogation or an illegal arrest , illegal search and seizure of certain items . Motion Terminated. as to Cast Inc (2), [12-2] motion for leave to file additional motions to suppress . Motion Terminated. as to Cast Inc (2), [11-1] motion for discovery and inspection . Motion Terminated. as to Cast Inc (2) , 14 jurors impaneled (see attached list), Panel Sworn: no, set Jury trial for 9:15 12/8/03 for Chris Whitley, for Cast Inc before Chief Judge Joseph F. Anderson Jr Court reporter: Gary Smith. (mflo) (Entered: 11/04/2003)
11/03/200353 MOTION HEARING as to Chris Whitley, Cast Inc held before Chief Judge Joseph F. Anderson Jr ORAL ORDER denying [48-1] motion to quash subpoena of records, denying [46-1] motion to quash subpoena for records custodian, denying [41-1] motion to dismiss count 1 of the superseding indictment as to Chris Whitley (1); interested parties Pulliam Motor Co and Dick Smith Auto are to submit 3 "deal jackets" each to the court for incamera review; set status hearing for 11/10/03 at 4:30; Court Reporter: Gary Smith. (mflo) (Entered: 11/04/2003)
11/06/200354 NOTICE of Hearing as to Pulliam Motor Co, Dick Smith Auto, Chris Whitley, Cast Inc set status conference for 4:30 11/10/03 for Chris Whitley, for Cast Inc before Chief Judge Joseph F. Anderson Jr (mflo) (Entered: 11/06/2003)
11/07/200355 RESCHEDULED NOTICE of Hearing as to Pulliam Motor Co, Dick Smith Auto, Chris Whitley, Cast Inc reset status conference for 11:00 11/14/03 for Chris Whitley, for Cast Inc before Chief Judge Joseph F. Anderson Jr (mflo) (Entered: 11/07/2003)
11/14/200356 STATUS CONFERENCE as to Chris Whitley, Cast Inc held before Chief Judge Joseph F. Anderson Jr ; Government and parties in negogitations and will notify court next week as to status, Court Reporter: Gary Smith. (mflo) (Entered: 11/14/2003)
12/01/200358 NOTICE of Hearing as to Cast Inc set Change of Plea Hearing for 9:00 12/4/03 for Cast Inc before Chief Judge Joseph F. Anderson Jr (mflo) (Entered: 12/01/2003)
12/04/200364 Plea Agreement as to Cast Inc to count 1 of the superseding indictment (mflo) (Entered: 12/04/2003)
12/04/200365 CORPORATE SHAREHOLDER RESOLUTION by Cast Inc as to Cast Inc signed by Craig Kane, President and Sole Shareholder (mflo) (Entered: 12/04/2003)
12/04/200366 PLEA proffered by Cast Inc as to count(s) 1 of the superseding indictment. Court accepts plea, GUILTY PLEA ENTERED as to Cast Inc (2) count(s) 1s (Terminated motions - ). (before Chief Judge Joseph F. Anderson Jr ) Court Reporter: Debra Jernigan (mflo) (Entered: 12/04/2003)
12/04/200367 PLEA entered by Cast Inc . Defendant enters plea of: GUILTY. (mflo) (Entered: 12/04/2003)
06/14/200471 NOTICE of Hearing as to Cast Inc set Sentencing for 10:15 7/1/04 for Cast Inc before Chief Judge Joseph F. Anderson Jr (mdea) (Entered: 06/14/2004)
07/13/200472 ORDER/MEMORANDUM for counsel to review the Blakely vs. Washington decision and discuss with defendant and contact probation officer who prepared the presentence report on how you wish to proceed with sentencing under the Guidelines as to Cast Inc (Signed by Chief Judge Joseph F. Anderson Jr ) (mflo) (Entered: 07/13/2004)
07/21/200473 NOTICE of Hearing as to Cast Inc set Sentencing for 1:00 8/3/04 for Cast Inc before Chief Judge Joseph F. Anderson Jr (mflo) (Entered: 07/21/2004)
08/03/200474 SENTENCING held before Chief Judge Joseph F. Anderson Jr Cast Inc (2) count(s) 1s Witness(es) no, Objections to Pre-Sentence Report: no, Motion for upward/downward departure: no, Court Reporter: Debra Jernigan (mflo) (Entered: 08/03/2004)
08/03/2004  PRESENTENCE INVESTIGATION REPORT (Sealed) as to Cast Inc (mflo) (Entered: 08/04/2004)
08/05/200475 JUDGMENT Cast Inc (2) count(s) 1s. Defendant shall pay a fine of $175,000 within 15 days and a special assessment of $400 is due immediately. , Cast Inc (2) count(s) 1, 2s -15s , 2 -15 . Dismissed ( Signed by Chief Judge Joseph F. Anderson Jr ) (mflo) (Entered: 08/05/2004)
08/05/2004  Case closed as to Chris Whitley, Cast Inc (all defendants) (mflo) (Entered: 08/05/2004)
08/18/200477 ORDER for the Clerk of Court to return a sealed exhibit of document 32 that contains Grand Jury material, the Clerk is also authorized to unseal documents 32 and 33 for the purpose sending the file to the Federal Record Center as to Chris Whitley, Cast Inc (Signed by Chief Judge Joseph F. Anderson Jr ) (mflo) (Entered: 08/18/2004)