CLOSED

U.S. District Court
Southern District of Ohio (Dayton)
CRIMINAL DOCKET FOR CASE #: 3:02-cr-00105-WHR-1


Case title: USA v. Charles V Clark Co

Date Filed: 10/30/2002
Date Terminated: 07/14/2003

Assigned to: Judge Walter H Rice

Defendant (1)
Charles V Clark Co Inc
BOND TO BE SET
TERMINATED: 07/11/2003
represented byDavid Bernard Grieshop
Flanagan Lieberman Hoffman & Swaim - 3
318 W Fourth Street
Dayton, OH 45402
937-223-5200
Email: dgrieshop@flhslaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18 USC 1001(a) (3) FALSE STATEMENTS (Counts 1 & 2: Fine $500,000 - S/R 5 Yrs - S/A $400 On Each Count)
(1-2)
Sentenced on Count 1 to 5 yrs probation; Fine $0 inability to satisfy; S/A $400 to be paid immediately; Restitution $75,077.28; Sentenced on Count 2 to 5 Yrs probation concurrent to Count 1; Fine $0 inability to satisfy; S/A $ ;400 to be paid immediately; Restitution to be paid on regular basis throughout period of probation and liquidated no later than 30 days prior to the end of probattion; Provide financial information to PO upon request; Comply with terms of the admini strative agreement per Defense Supply Center COS; Pay to Gov't the sums of $57,451.75 + $50,216. for repurchase of frozen parts and cost of investigation; Dft's rights of appeal explained and understood

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byDwight K Keller
United States Attorney's Office - 3
PO Box 280
200 W Second Street
Room 602
Dayton, OH 45402
937-225-2910
Email: dwight.keller@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
10/30/2002INFORMATION by USA Dwight K Keller. Charles V Clark Co (1) count(s) 1-2 (sc) (Entered: 10/31/2002)
12/03/2002NOTICE in-court hearing set for 12/17/02 at 2:30 as to Charles V Clark Co ( Note: Service to all counsel and PTS Prob & USM by US Attorney ) (sc) (Entered: 12/03/2002)
12/17/2002PLEA Agreement as to Charles V Clark Co (mkb) (Entered: 12/18/2002)
12/18/2002MINUTES: Held 12/17/02 before Judge Walter H. Rice dft Charles V Clark Co (President Barry M Clark) arraigned; GUILTY TO COUNTS 1 & 2 plea entered; first appearance of Charles V Clark Co Attorney David Grieshop present; Plea agreement read into record accepted by Court and made a permanent part of the record as to Charles V Clark Co; Dft referred to Prob Dept for PSI; Corporate: Written consent of shareholders and directors of Charles V Clark Co; Ct Rpt Debra Futrell (sc) (Entered: 12/20/2002)
12/18/2002PRESENTENCE Investigation and Disclosure Notice for Charles V Clark Co PSI ddl set for 2/25/03 (sc) (Entered: 12/20/2002)
12/18/2002NOTICE of Filing Joint Action By Written Consent of Shareholders and Directors of Charles V Clark Co by defendant Charles V Clark Co (sc) (Entered: 12/20/2002)
03/26/2003NOTICE sentencing hearing set for 4/30/03 at 4:45 as to Charles V Clark Co (cc: all counsel, US Attorney, US Probation, US Marshal, Pre-trial Services) (re) (Entered: 03/28/2003)
05/13/2003NOTICE sentencing hearing reset to July 11, 2003 at 1:30 pm as to Charles V Clark Co (cc: all counsel, US Attorney, US Probation, US Marshal, Pre-trial Services) (mkb) (Entered: 05/15/2003)
05/14/2003ENTRY SETTING BRIEFING SCHEDULE ON PRE-SENTENCE MEMORANDA; NEW SENTENCING DATE SET by Judge Walter H. Rice; Dft Francis supplement to his earlier filed pre-sentence memo due 5/12/03; Dft Charles V Clark and Co pre-sentence memo due 5/27/03; Gov't memoranda contra due 6/13/03 to be followed by any reply memo deemed necessary by each of the Dfts not later than 6/27/03; Sentencing hearing reset for 7/11/03 at 1:30 as to Charles V Clark Co (cc: all counsel) (sc) (Entered: 05/16/2003)
05/27/2003PRE-SENTENCING memorandum re Charles V Clark Co from Charles V Clark Co (sc) (Entered: 05/28/2003)
06/10/200310 BRIEF by USA regarding [9-1] sentencing briefs and memoranda(jt) Modified on 07/10/2003 (Entered: 06/12/2003)
07/14/200311 MINUTES: Held 7/11/03 before Judge Walter H. Rice sentencing Charles V Clark Co (1) count(s) 1-2; Dft appeared with counsel; Sentenced on Count 1 to 5 Yrs probation; Fine $0 inability to satisfy; S/A $400 to be paid immediately; Restitution $75,077.28; Sentenced on Count 2 to 5 Yrs probation concurrent to Count 1; Fine $0 inability to satisfy; S/A $400 to be paid immediately; Restitution to be paid on regular basis throughout period of probation and liquidated no later than 30 days prior to the end of probation; Provide financial information to PO upon request Comply with terms of the administrative agreement per Defense Supply Center COS; Pay to Gov't the sums of $57,451.75 + $50,216. for repurchase of frozen parts and cost of investigation; Dft's rights of appeal explained and understood as to Charles V Clark Co ; Case terminated as to Charles V Clark Co ; Ct Rpt Debra Futrell (sc) Modified on 07/17/2003 (Entered: 07/15/2003)
08/28/200312 JUDGMENT as to Charles V Clark Co Inc (1), Count(s) 1-2, Sentenced on Count 1 to 5 yrs probation; Fine $0 inability to satisfy; S/A $400 to be paid immediately; Restitution $75,077.28; Sentenced on Count 2 to 5 Yrs probation concurrent to Count 1; Fine $0 inability to satisfy; S/A $400 to be paid immediately; Restitution to be paid on regular basis throughout period of probation and liquidated no later than 30 days prior to the end of probation; Provide financial information to PO upon request; Comply with terms of the administrative agreement per Defense Supply Center COS; Pay to Gov't the sums of $57,451.75 + $50,216. for repurchase of frozen parts and cost of investigation; Dft's rights of appeal explained and understood . Signed by Judge Walter H. Rice on 08/28/03. (Issued/CMTC 8/28/03) (sc, ) (Entered: 08/30/2003)
12/10/200413NOTICE Of Filing Copy of Application for Administrative Expenses and Notice of Opportunity for Objection Filed by Trustee Thomas R Noland as document #47 in USBC Case No. 04-36681 Ch 7 as to Charles V Clark Co Inc (sc, ) (Entered: 12/13/2004)
12/13/200414NOTICE Of Filing Order Shortening Notice and Time for Objection Filed in USBC Case No. 04-36681 Ch 7 as to Charles V Clark Co Inc (sc, ) (Entered: 12/14/2004)
02/10/200515NOTICE of filing "NOTICE OF DEADLINE TO CLAIM AND RECOVERY DOCUMENTS" as to Charles V Clark Co Inc filed in Chapter 7 Bankruptcy case number 04-36681. (phil, ) Modified on 2/11/2005 (phil, ). (Entered: 02/11/2005)
02/11/200516 NOTICE of Filing "Notice of Motion For An Order Authorizing The Sale Of Motor Vehicle Free and Clear Of All Liens and For Payment Of Costs Associated With Sale Through Dealer" Filed in USBC Case No. 04-36681 Ch 7 as to Charles V Clark Co Inc (Entered: 12/14/2004) as to Charles V Clark Co Inc (phil, ) (Entered: 02/11/2005)
02/11/200517NOTICE of filing "NOTICE OF MOTION TO SHORTEN TIME FOR NOTICE AND TIME FOR OBJECTION" as to Charles V Clark Co Inc filed in Chapter 7 Bankruptcy case number 04-36681 as to Charles V Clark Co Inc (phil, ) (Entered: 02/11/2005)
03/22/200518NOTICE as to Charles V Clark Co Inc (Entitled) "Application Of Trustee For Authority To Pay L.S. Day Moving & Storage, Inc. Administrative Expense and Notice of Opportunity For Objection" Originally filed in USBC for SDO Case Number 04-36681 by Thomas R. Noland (phil1, ) (Entered: 03/23/2005)
03/22/200519NOTICE as to Charles V Clark Co Inc - (ENTITLED) - "MOTION TO SHORTEN TIME FOR NOTICE AND TIME FOR OBJECTION" ORIGINALLY FILED IN USBC FOR SDO, CASE NUMBER 04-36681, BY THOMAS NOLAND (phil1, ) (Entered: 03/23/2005)
07/20/200620NOTICE of filing "NOTICE OF FILING OF FIRST APPLICATION FOR COMPENSATION FOR PROFESSIONAL FEES AND REIMBURSEMENT OF EXPENSES OF ACCOUNTANT" as to Charles V Clark Co Inc filed in Chapter 7 Bankruptcy case number 04-36681 (ep1, ) (Entered: 07/20/2006)