CLOSED

U.S. District Court
Northern District of Alabama (Southern)
CRIMINAL DOCKET FOR CASE #: 2:06-cr-00084-LSC-HGD All Defendants


Case title: USA v. Swann et al

Date Filed: 02/22/2006
Date Terminated: 01/18/2007

Assigned to: Judge L Scott Coogler
Referred to: Magistrate-Judge Harwell G Davis, III

Defendant (1)
Jack W Swann
TERMINATED: 10/05/2006
represented byS Joshua Briskman
BRISKMAN & BINION PC
P.O. Box 43
Mobile, AL 36601
251-433-7600
Fax: 251-433-4485
Email: jbriskman@briskman-binion.com
ATTORNEY TO BE NOTICED
Designation: Retained

Stewart Davidson McKnight , III
BAXLEY DILLARD DAUPHIN MCKNIGHT & JAMES
2008 Third Avenue South
Birmingham, AL 3523
205-271-1100
Fax: 205-271-1108
Email: dmcknight@baxleydillard.com
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
None

Highest Offense Level (Opening)
None

Terminated Counts

Disposition
18:1341,1346 FRAUDS AND SWINDLES
(1-17)
Dft found NOT GUILTY as to counts 1-17

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge L Scott Coogler
Referred to: Magistrate-Judge Harwell G Davis, III

Defendant (2)
Ronald K Wilson
TERMINATED: 01/18/2007
represented byAnthony A Joseph
MAYNARD COOPER & GALE PC
2400 Regions/Harbert Plaza
1901 Sixth Avenue N
Birmingham, AL 35203
205-254-1000
Fax: 205-714-6324
Email: ajoseph@maynardcooper.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Walter E Braswell
WALTER E BRASWELL, ATTORNEY AT LAW
2101 4th Avenue South, Suite 200
Birmingham, AL 35233
205-327-5700
Fax: 205-327-5773
Email: webraswell@mindspring.com
LEAD ATTORNEY
Designation: Retained

Pending Counts

Disposition
18:1341,1346 FRAUDS AND SWINDLES
(6)
CBP 13 mos as to cnt 6 and as to cnts 75 & 76 in case 2:05-CR-545 separately w/each cnt to run concur; SRT 36 mos; $250,000 Fine (total for both cases); AF $300.00 (total for both cases)

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:1341,1346 FRAUDS AND SWINDLES
(1-5)
Govt's motion to dismiss is Granted
18:1341,1346 FRAUDS AND SWINDLES
(7-17)
Govt's motion to dismiss is Granted

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge L Scott Coogler
Referred to: Magistrate-Judge Harwell G Davis, III

Defendant (3)
Civil Engineering and Design Services, Inc.
TERMINATED: 01/18/2007
represented byArthur W Leach
4371 Quail Ridge Way
Norcross, GA 30092
404-786-6443
Email: art@arthurwleach.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Leslie V Moore
MOORE & ASSOCIATES LLC
15 Southlake Lane, Suite 260
Hoover, AL 35244
403-9116
Fax: 888-831-5219
Email: les.moore@malaw1.com
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:1341,1346 FRAUDS AND SWINDLES
(4)
Probation 12 mos; Fine $80,000.00; AF $400.00

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:1341,1346 FRAUDS AND SWINDLES
(1-3)
Govt's motion to dismiss w/prej is Granted
18:1341,1346 FRAUDS AND SWINDLES
(5-17)
Govt's motion to dismiss w/prej is Granted

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge L Scott Coogler
Referred to: Magistrate-Judge Harwell G Davis, III

Defendant (4)
Floyd W. Pat Dougherty
TERMINATED: 10/05/2006
represented byJ Stephen Salter
LAW OFFICES OF J STEPHEN SALTER
5237 Caldwell Mill Road
Birmingham, AL 35242
205-585-1776
Fax: 205-933-0101
Email: Salterefile@aol.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
None

Highest Offense Level (Opening)
None

Terminated Counts

Disposition
18:1341,1346 FRAUDS AND SWINDLES
(1-17)
Dft found NOT GUILTY as to counts 1-17

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge L Scott Coogler
Referred to: Magistrate-Judge Harwell G Davis, III

Defendant (5)
F.W. Dougherty Engineering & Associates, Inc
TERMINATED: 10/05/2006
represented byJ Stephen Salter
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
None

Highest Offense Level (Opening)
None

Terminated Counts

Disposition
18:1341,1346 FRAUDS AND SWINDLES
(1-17)
Dft found NOT GUILTY as to counts 1-17

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byAlice H Martin, US Attorney
US ATTORNEY'S OFFICE
1801 4th Avenue North
Birmingham, AL 35203-2101
244-2001
Email: usa-aln-ecf-usa@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

US Marshal
UNITED STATES MARSHAL'S OFFICE
Hugo Black Federal Courthouse, Room 240
1729 5th Avenue North
Birmingham, AL 35203
205-731-1712
Email: usms-aln-courts@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

US Probation
UNITED STATES PROBATION OFFICE
Robert Vance Bldg.
1800 5th Avenue North
Birmingham, AL 35203
716-2900
Email: alnpdb_cmecf@alnp.uscourts.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Lane H Woodke
US ATTORNEY'S OFFICE
1801 4th Avenue North
Birmingham, AL 35203-2101
244-2001
Email: lane.woodke@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

William D Dillon
US DEPARTMENT OF JUSTICE-ANTITRUST DIVISION
75 Spring Street
Atlanta, GA 30303
1-404-331-7100
Fax: 1-404-331-7110
Email: william.dillon@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

E Vincent Carroll
U S ATTORNEY'S OFFICE
1801 4th Avenue North
Birmingham, AL 35203
205-244-2022
Fax: 205-244-2182
Email: vincent.carroll@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
02/22/2006INDICTMENT as to Jack W Swann (1) count(s) 1-17, Ronald K Wilson (2) count(s) 1-17, Civil Engineering and Design Services, Inc. (3) count(s) 1-17, Floyd W. Pat Dougherty (4) count(s) 1-17, F.W. Dougherty Engineering & Associates, Inc (5) count(s) 1-17. (HBB, ) (Entered: 03/01/2006)
03/02/2006NOTICE OF HEARING as to Jack W Swann, Ronald K Wilson, Civil Engineering and Design Services, Inc., Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc Arraignment set for 3/16/2006 09:30 AM before Magistrate-Judge Harwell G Davis III. (cm dfts)(HBB, ) (Entered: 03/02/2006)
03/08/2006NOTICE OF ATTORNEY APPEARANCE: Leslie V Moore appearing for Civil Engineering and Design Services, Inc. (Moore, Leslie) (Entered: 03/08/2006)
03/08/2006NOTICE of conflict and request for continuance of status/scheduling conference by Civil Engineering and Design Services, Inc. (Moore, Leslie) (Entered: 03/08/2006)
03/08/2006NOTICE of conflict of counsel by Civil Engineering and Design Services, Inc. (Moore, Leslie) (Entered: 03/08/2006)
03/09/2006ORDER as to Civil Engineering and Design Services, Inc. re 4 Notice 5 Notice ; the request for continuance of the conference and to reschedule the trial is Moot . Signed by Judge L Scott Coogler on 3/9/2006. (DWC, ) (Entered: 03/09/2006)
03/10/2006ORDER as to Jack W Swann, Ronald K Wilson, Civil Engineering and Design Services, Inc., Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc Status/Scheduling Conference RESCHEDULED for 3/30/2006 09:00 AM in Courtroom 7B before Judge L Scott Coogler.. Signed by Judge L Scott Coogler on 03/10/06. (SDA, ) (Entered: 03/10/2006)
03/13/2006NOTICE OF HEARING as to Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc Supplemental Arraignment set for 3/28/2006 09:30 AM in Birmingham, AL before Magistrate-Judge Harwell G Davis III. (DWC, ) (Entered: 03/13/2006)
03/13/2006DEFENDANT CIVIL ENGINEERING DESIGN SERVICES, INC.'S WAIVER OF APPEARANCE AT ARRAIGNMENT filed by Civil Engineering and Design Services, Inc. (SDA, ) (Entered: 03/14/2006)
03/15/200610 NOTICE OF ATTORNEY APPEARANCE: Samuel Briskman appearing for Jack W Swann (Briskman, Samuel) (Entered: 03/15/2006)
03/15/200611 NOTICE OF ATTORNEY APPEARANCE: David McKnight appearing for Jack W Swann (McKnight, David) (Entered: 03/15/2006)
03/15/200612  MOTION for Joinder Objection Regarding Government's Motion to Join by Jack W Swann. (McKnight, David) (Entered: 03/15/2006)
03/16/2006  Minute Entry for proceedings held before Judge Harwell G Davis III: Initial Appearance andArraignment as to Jack W Swann (1) Count 1-17 held on 3/16/2006; retained counsel present for dft; charges and rights explained; dft wvd rdg of indictment and entered plea of not guilty; dft released on $50,000 unsecured bond without conditions (Court Reporter Teresa Roberson.) (SHB, ) (Entered: 03/20/2006)
03/16/2006  Minute Entry for proceedings held before Judge Harwell G Davis III: Initial Appearance andArraignment as to Ronald K Wilson (2) Count 1-17 held on 3/16/2006; Added attorneys Anthony A Joseph and Walter E Braswell for Ronald K Wilson as retained counsel; charges and rights explained; dft wvd rdg of indictment and entered plea of not guilty; dft released on $50,000 unsecured bond without conditions (Court Reporter Teresa Roberson.) (SHB, ) (Entered: 03/20/2006)
03/20/200613 Unsecured Bond Entered as to Ronald K Wilson in amount of $50,000.00 with acknowledgment of order setting conditions of release attached (SHB, ) Additional attachment(s) added on 3/20/2006 (SHB, ). (Entered: 03/20/2006)
03/20/200614 Unsecured Bond Entered as to Jack W Swann in amount of $ 50,000 with acknowledgment of order setting conditions of release attached (SHB, ) Additional attachment(s) added on 3/20/2006 (SHB, ). (Entered: 03/20/2006)
03/23/200615  MOTION to adopt previously filed motions by Civil Engineering and Design Services, Inc.. (Moore, Leslie) (Entered: 03/23/2006)
03/28/2006  Minute Entry for proceedings held before Judge Harwell G Davis III: Initial Appearance and Arraignment as to Floyd W. Pat Dougherty (4) Count 1-17 and F.W. Dougherty Engineering & Associates, Inc (5) Count 1-17 held on 3/28/2006; Added attorney J Stephen Salter for Floyd W. Pat Dougherty and F.W. Dougherty Engineering & Associates, Inc. as retained counsel; charges and rights explained; dfts wvd rdg of indictment and entered plea of not guilty; dft Floyd W. Dougherty released on $50,000 unsecured bond w/o special conditions (Court Reporter Teresa Roberson.) (SHB, ) (Entered: 03/29/2006)
03/29/200616 Unsecured Bond Entered as to Floyd W. Pat Dougherty in amount of $50,000 with acknowledgment of order setting conditions of release attached (SHB, ) Additional attachment(s) added on 3/30/2006 (SHB, ). (Entered: 03/29/2006)
03/29/200617 First MOTION to Dismiss Adopt Prior Motions by Ronald K Wilson as to Ronald K Wilson, Civil Engineering and Design Services, Inc.. (Braswell, Walter) (Entered: 03/29/2006)
03/29/200618 ORDER as to Jack W Swann - Pretrial Conference set for 4/11/2006 at 2:40 PM in Birmingham before Magistrate-Judge Harwell G Davis III.Signed by Judge Harwell G Davis III on 3/29/2006. (SHW) (Entered: 03/29/2006)
03/29/200619 ORDER as to Ronald K Wilson - Pretrial Conference set for 4/11/2006 at 2:50 PM in Birmingham before Magistrate-Judge Harwell G Davis III.Signed by Judge Harwell G Davis III on 3/29/2006. (SHW) (Entered: 03/29/2006)
03/29/200620 ORDER as to Civil Engineering and Design Services, Inc. - Pretrial Conference set for 4/11/2006 at 3:00 PM in Birmingham before Magistrate-Judge Harwell G Davis III.Signed by Judge Harwell G Davis III on 3/29/2006. (SHW) (Entered: 03/29/2006)
03/29/200621 ORDER as to Floyd W. Pat Dougherty - Pretrial Conference set for 4/11/2006 at 3:10 PM in Birmingham before Magistrate-Judge Harwell G Davis III.Signed by Judge Harwell G Davis III on 3/29/2006. (SHW) (Entered: 03/29/2006)
03/29/200622 ORDER as to F.W. Dougherty Engineering & Associates, Inc - Pretrial Conference set for 4/11/2006 at 3:20 PM in Birmingham before Magistrate-Judge Harwell G Davis III.Signed by Judge Harwell G Davis III on 3/29/2006. (SHW) (Entered: 03/29/2006)
03/30/2006  Minute Entry for proceedings held before Judge L Scott Coogler :Scheduling Conference as to Jack W Swann, Ronald K Wilson, Civil Engineering and Design Services, Inc., Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc held on 3/30/2006; discussion regarding continuance of 5/8 trial date and pending motions; (oral) ORDER granting motion #15 and #17 to adopt previously filed motions; tentative trial date is set for July 24, 2006 (Court Reporter Lindy Fuller.) (ADF, ) (Entered: 03/30/2006)
03/30/200623  MOTION by F.W. Dougherty Engineering & Associates, Inc. (Salter, J) (Entered: 03/30/2006)
03/30/200624  MOTION for Leave to Appear Pro Hac Vice for Arthur W. Leach Attorney: Leslie V. Moore. by Civil Engineering and Design Services, Inc.. (Attachments: # 1)(Moore, Leslie) (Entered: 03/30/2006)
03/31/2006  ORDER - The 15 Motion to Adopt Previously Filed Motions in 2:05-cr-00061-RBP-TMP as to Civil Engineering and Design Services, Inc. (3) is GRANTED. However, the granting of the motion to allow Arthur W. Leach to appear pro hac vice is contingent upon the payment of the $50 pro hac vice fee in this case. Signed by Judge Harwell G Davis III on 3/30/2006. (SHW) Order is vacated pursuant to 3/31/2006 order (DWC, ). (Entered: 03/30/2006)
03/31/2006  ORDER VACATING Order of 3/30/2006 entered by Magistrate Judge Harwell G. Davis, III, re 15 Motion to Adopt Previously Filed Motions in 2:05-cr-00061-RBP-TMP as to Civil Engineering and Design Services, Inc. Defendant's motion was granted by Judge Coogler at scheduling conference held 3/30/2006. Signed by Judge Harwell G Davis III on 3/31/2006. (SHW) (Entered: 03/31/2006)
03/31/200625 NOTICE OF ATTORNEY APPEARANCE E Vincent Carroll appearing for USA. Notice of Appearance (Carroll, E) (Entered: 03/31/2006)
03/31/2006  NOTICE (of payment of $50.00 PHV Fee by Atty Leach Receipt # 200 224722) as to Civil Engineering and Design Services, Inc. re 24 MOTION for Leave to Appear Pro Hac Vice for Arthur W. Leach Attorney: Leslie V. Moore. (SDA, ) (Entered: 03/31/2006)
04/10/2006  ORDER granting 24 Motion for Leave to Appear pro hac vice for Arthur W. Leach as to Civil Engineering and Design Services, Inc. (3). Signed by Judge Harwell G Davis III on 4/10/2006. (SHW) (Entered: 04/10/2006)
04/11/200626 Joint MOTION for Sanctions (tracks filing in case 545) by Ronald K Wilson as to Jack W Swann, Ronald K Wilson, Civil Engineering and Design Services, Inc., Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc. (Braswell, Walter) (Entered: 04/11/2006)
04/13/200627 ORDER granting in part and denying in part as set out 23 Motion as to F.W. Dougherty Engineering & Associates, Inc (5). Signed by Judge Harwell G Davis III on 4/13/2006. (HBB, ) (Entered: 04/13/2006)
04/17/2006  NOTICE OF HEARING ON MOTION in case as to Jack W Swann, Ronald K Wilson, Civil Engineering and Design Services, Inc., Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc 26 Joint MOTION for Sanctions (tracks filing in case 545): Motion Hearing set for 4/26/2006 11:00 AM before Magistrate-Judge Harwell G Davis III in Birmingham, AL.(SHB, ) (Entered: 04/17/2006)
04/25/200628 WAIVER of Speedy Trial by Jack W Swann (McKnight, David) (Entered: 04/25/2006)
04/25/200629  MOTION to Seal Motion To File Document Under Seal by USA as to Jack W Swann, Ronald K Wilson, Civil Engineering and Design Services, Inc., Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc. (Dillon, William) (Entered: 04/25/2006)
04/26/2006  Minute Entry for proceedings held before Judge Harwell G Davis III:Motion Hearing as to Jack W Swann held on 4/26/2006 re 26 Joint MOTION for Sanctions (tracks filing in case 545); written report and recommendation to be entered (Court Reporter Julie Martin.) (SHB, ) (Entered: 04/26/2006)
04/26/2006  ORDER granting 29 Motion to Seal as to Jack W Swann (1) pursuant to oral order. Signed by Judge Harwell G Davis III on 4/26/06. (SHB, ) (Entered: 04/26/2006)
04/27/200630 Sealed Document as to Swann et, al filed by USA. (SDA, ) (Entered: 04/27/2006)
04/28/200631 REPORT AND RECOMMENDATION as to Jack W. Swann, et al 26 Joint Motion to Dismiss or for Other Appropriate Sanctions/Remedies . Signed by Judge Harwell G Davis III on 04/28/06. (SDA, ) Modified text on 5/19/2006 (DWC, ). (Entered: 04/28/2006)
05/16/200632 RESPONSE in Opposition by Ronald K Wilson as to Jack W Swann, Ronald K Wilson, Civil Engineering and Design Services, Inc., Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc re 26 MOTION for Sanctions Jt. Obt. to Magistrate's Rpt and Recmd. (Braswell, Walter) (Entered: 05/16/2006)
05/18/200633  MOTION for Bill of Particulars by Jack W Swann. (McKnight, David) (Entered: 05/18/2006)
05/18/200634  MOTION for Disclosure Jencks Material by Jack W Swann. (McKnight, David) (Entered: 05/18/2006)
05/18/200635  MOTION for Disclosure of 404(B) Information by Jack W Swann. (McKnight, David) (Entered: 05/18/2006)
05/19/200636  MOTION to Seal by Jack W Swann. (McKnight, David) Filed in the correct case, but the case number on the motion is incorrect; should be 06-84 Modified on 5/22/2006 (SDA, ). (Entered: 05/19/2006)
05/19/200637 ORDER as to Jack W Swann, Ronald K Wilson, Civil Engineering and Design Services, Inc., Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc; the court ADOPTS & ACCEPTS the 31 Report and Recommendation that the 26 Joint MOTION to Dismiss or for Other Appropriate Sanctions/Remedies is DENIED. Signed by Judge L Scott Coogler on 5/19/2006. (DWC, ) (Entered: 05/19/2006)
05/22/200638 First MOTION Motion to File Document Under Seal by Floyd W. Pat Dougherty as to Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc. (Salter, J) (Entered: 05/22/2006)
05/22/200639 First MOTION Use of Juror Questionnarie & Increased Number of Strikes by Floyd W. Pat Dougherty as to Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc. (Salter, J) (Entered: 05/22/2006)
05/23/2006  ORDER denying 34 Motion for Early Disclosure of All Jencks Act Material as to Jack W Swann (1). See 18 U.S.C. Section 3500. Signed by Judge Harwell G Davis III on 5/23/2006. (SHW) (Entered: 05/23/2006)
05/23/2006  ORDER - The 35 Motion for Disclosure of Intention to Use Evidence of Other Crimes, Wrongs or Acts Pursuant to Rule 404(b) as to Jack W Swann (1)is GRANTED to the extent required by F.R.E. 404(b). The Government is to provide 404(b) material at least 14 days prior to trial. Signed by Judge Harwell G Davis III on 5/23/2006. (SHW) (Entered: 05/23/2006)
05/23/2006  Set Hearing re Motion in case as to Jack W Swann, Ronald K Wilson, Civil Engineering and Design Services, Inc., Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc 39 First MOTION Use of Juror Questionnarie & Increased Number of Strikes. Motion Hearing set for 5/31/2006 02:30 PM in Courtroom 7-B before Judge L Scott Coogler. (SDA, ) (Entered: 05/23/2006)
05/23/200640 NOTICE OF CONFLICT AND REQUEST FOR CONTINUANCE by Civil Engineering and Design Services, Inc. (Moore, Leslie) (Entered: 05/23/2006)
05/23/200641 First MOTION to Continue Hearing on Use of Juror Questionnaire by Floyd W. Pat Dougherty as to Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc. (Salter, J) (Entered: 05/23/2006)
05/23/2006  ORDER granting 36 Motion to Seal as to Jack W Swann (1); granting 38 Motion as to Floyd W. Pat Dougherty (4), F.W. Dougherty Engineering & Associates, Inc (5). Signed by Judge Harwell G Davis III on 5/23/2006. (HBB, ) (Entered: 05/23/2006)
05/23/200642  SEALED MOTION re 36 (HBB, ) (Entered: 05/23/2006)
05/23/200643  SEALED MOTION re doc 38 (HBB, ) (Entered: 05/23/2006)
05/23/200644 NOTICE of Conflict and Request for Continuance of Motion Hearing by Jack W Swann (McKnight, David) (Entered: 05/23/2006)
05/24/200645 SEALED ORDER as to Jack W Swann re 42 SEALED MOTION . Signed by Judge Harwell G Davis III on 05/24/06. cm (SDA, ) (Entered: 05/24/2006)
05/24/200646 SEALED ORDER as to Floyd W. Pat Dougherty and F.W. Dougherty Engineering & Associates, Inc re 43 SEALED MOTION . Signed by Judge Harwell G Davis III on 05/24/06. cm (SDA, ) (Entered: 05/24/2006)
05/25/2006  ORDER granting 41 Motion to Continue Hearing set for 5/31/06 on juror questionnaire issues; HEARING rescheduled for 6/15/2006 at 10:00 a.m. Signed by Judge L Scott Coogler on 5/25/2006. (ADF, ) (Entered: 05/25/2006)
05/25/200647 ORDER as to Jack W Swann re 33 MOTION for Bill of Particulars filed by Jack W Swann, The Gov is ORDERED to file a response to the dft's motion within 7 days from the date of this order. . Signed by Judge Harwell G Davis III on 5/25/2006. (HBB, ) (Entered: 05/25/2006)
05/26/200648 RESPONSE to by USA as to Jack W Swann, Ronald K Wilson, Civil Engineering and Design Services, Inc., Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc United States' Response to Bill of Particulars (Dillon, William) (Entered: 05/26/2006)
05/30/2006  ORDER - Based on the review of the Government's response to the 33 Motion for Bill of Particulars as to Jack W Swann (1), the motion is DENIED as MOOT. Signed by Judge Harwell G Davis III on 5/30/2006. (SHW) (Entered: 05/30/2006)
05/30/200649 NOTICE of Conflict re jury questionnaire issues by Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc (DWC, ) (Entered: 05/30/2006)
06/07/200650 RESPONSE to by Floyd W. Pat Dougherty as to Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc (Salter, J) (Entered: 06/07/2006)
06/15/200651  MOTION to Allow Access to Documents by Jack W Swann. (Briskman, Samuel) (Entered: 06/15/2006)
06/15/2006  Minute Entry for proceedings held before Judge L Scott Coogler :Motion Hearing as to Jack W Swann, Ronald K Wilson, Civil Engineering and Design Services, Inc., Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc held on 6/15/2006 re 39 MOTION for jury questionnaire and extra strikes; Court (orally) DENIED the request for jury questionnaires and DELAYED RULING the request for extra strikes until trial; (Court Reporter Lindy Fuller.) (ADF) (Entered: 06/16/2006)
06/16/200652 ORDER setting criminal jury trial w/deadlines & instructions as set out as to Jack W Swann, Ronald K Wilson, Civil Engineering and Design Services, Inc., Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc Jury Trial set for Monday, 7/24/2006 09:00 AM in Courtroom 7-B before Judge L Scott Coogler.. Signed by Judge L Scott Coogler on 6/16/2006. (HBB, ) (Entered: 06/16/2006)
06/16/200653 RESPONSE to by Jack W Swann Reciprocal Discovery Order (Briskman, Samuel) (Entered: 06/16/2006)
06/20/200654 ORDER granting 51 Motion to allow access to documents as set out as to Jack W Swann (1). Signed by Judge Harwell G Davis III on 6/20/2006. (HBB, ) (Entered: 06/20/2006)
06/28/200655  MOTION for Joinder of Cases by Jack W Swann as to Jack W Swann, Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc. (McKnight, David) (Entered: 06/28/2006)
06/30/200656  MOTION Request for Court to Voir Dire Jury by Floyd W. Pat Dougherty as to Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc. (Salter, J) (Entered: 06/30/2006)
07/01/200657 NOTICE Objection to Rejoinder by Ronald K Wilson (Braswell, Walter) (Entered: 07/01/2006)
07/06/200658 Proposed Jury Instructions by USA as to Jack W Swann, Ronald K Wilson, Civil Engineering and Design Services, Inc., Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc (Dillon, William) (Entered: 07/06/2006)
07/07/200659 First MOTION in Limine by Ronald K Wilson. (Braswell, Walter) (Entered: 07/07/2006)
07/07/200660 First MOTION to Continue by Ronald K Wilson. (Braswell, Walter) (Entered: 07/07/2006)
07/10/200661 First MOTION Motion to Adopt Defendant Ron Wilson's Motion to Continue by Floyd W. Pat Dougherty as to Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc. (Salter, J) (Entered: 07/10/2006)
07/10/200662  MOTION to Continue by Jack W Swann. (McKnight, David) (Entered: 07/10/2006)
07/11/2006  ORDER denying 55 Motion for Joinder as to Jack W Swann (1), Floyd W. Pat Dougherty (4), F.W. Dougherty Engineering & Associates, Inc (5). Signed by Judge L Scott Coogler on 07/11/06. (SDA, ) (Entered: 07/11/2006)
07/11/2006  ORDER denying 60 Motion to Continue as to Ronald K Wilson (2). Signed by Judge L Scott Coogler on 07/11/06. (SDA, ) (Entered: 07/11/2006)
07/11/2006  ORDER denying 61 Motion to Adopt Defendant Ron Wilson's Motion to Continue as to Floyd W. Pat Dougherty (4), F.W. Dougherty Engineering & Associates, Inc (5). Signed by Judge L Scott Coogler on 07/11/06. (SDA, ) (Entered: 07/11/2006)
07/11/2006  ORDER denying 62 Motion to Continue as to Jack W Swann (1). Signed by Judge L Scott Coogler on 07/11/06. (SDA, ) (Entered: 07/11/2006)
07/15/200663  MOTION to Compel nature of "Honest Services" duty, breach, fraud, loss by Ronald K Wilson. (Braswell, Walter) (Entered: 07/15/2006)
07/16/200664 Joint MOTION for Hearing Req. for Pre-trial Conference by Ronald K Wilson as to Jack W Swann, Ronald K Wilson, Civil Engineering and Design Services, Inc., Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc. (Braswell, Walter) (Entered: 07/16/2006)
07/17/2006  CLERK'S NOTICE: Pretrial conference set for 1:30 p.m. on Tuesday, July 18, 2006, in Tuscaloosa, AL. (ADF) (Entered: 07/17/2006)
07/17/2006  ORDER granting 64 Motion for Hearing (pretrial conf) as to Ronald K Wilson (2), Civil Engineering and Design Services, Inc. (3). Signed by Judge L Scott Coogler on 7/17/2006. (ADF) (Entered: 07/17/2006)
07/17/200665 First MOTION to Compel by Floyd W. Pat Dougherty as to Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc. (Salter, J) (Entered: 07/17/2006)
07/17/200666 First MOTION to Dismiss by Floyd W. Pat Dougherty as to Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc. (Salter, J) (Entered: 07/17/2006)
07/17/200667  MOTION to Dismiss by Jack W Swann. (Attachments: # 1 Exhibit 1 Transcript Opening Statement# 2 Exhibit 2 Trial Transcript)(McKnight, David) (Entered: 07/17/2006)
07/17/200668 Supplemental MOTION in Limine to Exclude 404(b) and Other Evidence by Jack W Swann. (McKnight, David) (Entered: 07/17/2006)
07/20/200669 ORDER of CONSOLIDATION as set out as to Jack W Swann, et al re 55 MOTION for Joinder, Order on Motion for Joinder; Trial for both cases will be commence on September 18, 2006 @ 9:00 a.m. . Signed by Judge L Scott Coogler on 7/20/2006. (HBB, ) (Entered: 07/20/2006)
07/20/200670 NOTICE TO THE PARTIES as to Jack W Swann, et al regarding filing documents in the consolidated cases re 69 Order of Consolidation (HBB, ) (Entered: 07/20/2006)
07/20/2006  Set/Reset Hearings as to Jack W Swann, Ronald K Wilson, Civil Engineering and Design Services, Inc., Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc: Jury Trial set for 9/18/2006 09:00 AM before Judge L Scott Coogler. (HBB, ) (Entered: 07/20/2006)
07/20/200671 GUILTY PLEA ADVICE OF RIGHTS CERTIFICATION by Ronald K Wilson filed in open court (ADF) (Entered: 07/21/2006)
07/20/200672 PLEA AGREEMENT as to Ronald K Wilson filed in open court (ADF) (Entered: 07/21/2006)
07/20/200673 PLEA AGREEMENT as to Civil Engineering and Design Services, Inc. (represented by Ronald Wilson) filed in open court (ADF) (Entered: 07/21/2006)
07/20/2006  Minute Entry for proceedings held before Judge L Scott Coogler :Change of Plea Hearing as to RONALD K. WILSON held on 7/20/2006; GUILTY PLEA entered by RONALD K. WILSON (2) Guilty as to Count 6; Court accepted guilty plea and adjudicated the dft guilty as charged in Ct 6 of the indictment; Dft to remain on same bond conds pending sent hrg. (Court Reporter Lindy Fuller.) (ADF) (Entered: 07/21/2006)
07/20/2006  Minute Entry for proceedings held before Judge L Scott Coogler :Change of Plea Hearing as to CIVIL ENGINEERING AND DESIGN SERVICES, INC. held on 7/20/2006; GUILTY PLEA entered by CIVIL ENGINEERING AND DESIGN SERVICES, INC. (3) Guilty as to Count 4; Represented by Ronald K. Wilson; Court accepted guilty plea and adjudicated the dft guilty as charged in Ct 4 of the indictment; sentencing hearing to be set (Court Reporter Lindy Fuller.) (ADF) (Entered: 07/21/2006)
07/27/200674  MOTION For Extension of Time and For Entry of New Scheduling Order by Member Filer as to Jack W Swann, Ronald K Wilson, Civil Engineering and Design Services, Inc., Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc. (Vreeland, Katie) (Entered: 07/27/2006)
07/28/200675 ORDER in this case and 2:05-CR-544 as to Jack W Swann, Ronald K Wilson, Civil Engineering and Design Services, Inc., Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc re 74 MOTION for Extension of Time and Entry of a New Scheduling Order filed by Member Filer, Telephone Conference set for 8/1/2006 10:00 AM before Judge L Scott Coogler; counsel for movant to initiate call to Chambers;those who wish to participate in person may do so.. Signed by Judge L Scott Coogler on 7/28/2006. (DWC, ) (Entered: 07/28/2006)
07/31/200676 Sealed Document in the case & 2:05-CR-544 [deemed filed 7/21/2006] as to dfts Joseph E "Eddie" Yessick, Roland Pugh Construction Inc, Bobby Rast, Danny Rast, Rast Construction Inc, Pat Dougherty, & F W Dougherty Eng & Assoc Inc (DWC, ) (Entered: 07/31/2006)
07/31/200677 Sealed Document in this case & 2:05-CR-544 by dfts Bobby J Rast, Daniel B "Danny"Rast and Rast Construction Inc re 76 (DWC, ) (Entered: 07/31/2006)
08/01/2006  ORDER granting 74 Motion as to Jack W Swann (1), Ronald K Wilson (2), Civil Engineering and Design Services, Inc. (3), Floyd W. Pat Dougherty (4), F.W. Dougherty Engineering & Associates, Inc (5). The response of all Defendants to the 404(b) evidence in this case as well as 05-544 is now due on or before Sept. 1, 2006. Signed by Judge L Scott Coogler on 8/1/2006. (Coogler, L) (Entered: 08/01/2006)
08/01/2006  Minute Entry for proceedings held before Judge L Scott Coogler :Telephone Conference in (CR 05-544-S and CR 06-84-S) held on 8/1/2006 re: motion for ext of time and for entry of new sched ord; motion is GRANTED (LSC); dfts' responses due 9/1/06. (Court Reporter Lindy Fuller) (KWC) (Entered: 08/01/2006)
08/01/200678 First MOTION Adopt Defendant Rast's Objection to Governments use of 404(b) by F.W. Dougherty Engineering & Associates, Inc as to Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc. (Salter, J) (Entered: 08/01/2006)
08/03/200679  SEALED MOTION in this case & 2:05-CR-544-LSC-TMP as to dfts Jack W Swann, Ronald K Wilson, Civil Eng & Design Svc Inc, Floyd W Pat Dougherty,FW Dougherty Eng & Asso Inc (DWC, ) (Entered: 08/03/2006)
08/16/200680 ORDER SETTING CRIMINAL JURY TRIAL w/Instructions and Deadlines as set out as to Jack W Swann et al Jury Trial set for 9/18/2006 09:00 AM in Courtroom 7-B before Judge L Scott Coogler.. Signed by Judge L Scott Coogler on 08/16/06. (SDA, ) (Entered: 08/16/2006)
08/21/200681 Proposed Jury Instructions by USA as to Jack W Swann, Ronald K Wilson, Civil Engineering and Design Services, Inc., Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc (Dillon, William) (Entered: 08/21/2006)
08/22/200682  MOTION to Exclude Jefferson County Jurors and for Juror Questionnaire by Member Filer as to Jack W Swann, Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc. (Attachments: # 1 Proposed Short Juror Questionnaire)(Calloway, Mark) (Entered: 08/22/2006)
08/22/200683 NOTICE of Articles Filed in Support of Joint Motion to Exclude Jefferson County Jurors and for Juror Questionnaire by Jack W Swann, Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc re 82 MOTION (Calloway, Mark) (Entered: 08/22/2006)
08/25/200684 RESPONSE to by USA as to Jack W Swann, Ronald K Wilson, Civil Engineering and Design Services, Inc., Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc United States' Amended Bill of Particulars (Dillon, William) (Entered: 08/25/2006)
08/25/200685 RESPONSE to by USA as to Jack W Swann, Ronald K Wilson, Civil Engineering and Design Services, Inc., Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc United States' Response to Joint Motion to Exclude Jefferson County Jurors (Attachments: # 1)(Dillon, William) (Entered: 08/25/2006)
08/30/200686  MOTION for Disclosure of Brady/Giglio Material and Motion for Hearing Regarding Brady Violation by Member Filer as to Jack W Swann, Ronald K Wilson, Civil Engineering and Design Services, Inc., Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc. (Calloway, Mark) (Entered: 08/30/2006)
08/30/200687 NOTICE of Intent to File Under Seal by Jack W Swann, Ronald K Wilson, Civil Engineering and Design Services, Inc., Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc (Vreeland, Katie) (Entered: 08/30/2006)
08/30/200688  SEALED MOTION (Attachments: # 1 Exhibit # 2 Exhibit) re: doc 87 (HBB, ) (Entered: 08/31/2006)
08/30/200689 Sealed Document re: doc 87 (HBB, ) . (Entered: 08/31/2006)
09/01/200690  MOTION To File Certain Document Under Seal by Jack W Swann. (McKnight, David) (Entered: 09/01/2006)
09/01/200691  SEALED MOTION re: doc 90 (HBB, ) (Entered: 09/01/2006)
09/01/200692 Sealed Document in this case & 2:05-CR-544-LSC-TMP as to dfts Bobby J Rast, Daniel b "Danny" Rast & Rast Const Inc re 76 Sealed Document (DWC, ) (Entered: 09/05/2006)
09/05/200693 ORDER as set out as to Jack W Swann, Ronald K Wilson, Civil Engineering and Design Services, Inc., Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc re 82 MOTION to exclude Jefferson County Jurors and for Jury Questionnaire. Hearing set for Tuesday 9/12/2006 02:30 PM in Courtroom 7B before Judge L Scott Coogler.. Signed by Judge L Scott Coogler on 9/5/2006. (HBB, ) (Entered: 09/05/2006)
09/06/2006  CLERK'S NOTICE: In addition to the motions mentioned in the previous order, the motion hearing scheduled for 9/12/2006 will cover as many pending pretrial motions including motions in limine as time will permit. (ADF) (Entered: 09/06/2006)
09/06/200694  SEALED MOTION in this case & 2:05-CR-544 as to dfts FW Dougherty & Dougherty Eng & Asso Inc re 92 (DWC, ) (Entered: 09/06/2006)
09/07/200695  SEALED MOTION as to F.W. Dougherty and F.W. Dougherty Engineering and Associates, Inc also filed in case 2:05-CR-544-LSC-TMP (Attachments: # 1 Exhibit A) (DEEMED FILED 09/05/2006)(SDA, ) (Entered: 09/07/2006)
09/08/200696  MOTION to Adopt Jury Instruction by Member Filer as to Jack W Swann, Ronald K Wilson, Civil Engineering and Design Services, Inc., Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc. (Wise, Ronald) (Entered: 09/08/2006)
09/08/200697 RESPONSE to by USA as to Jack W Swann, Ronald K Wilson, Civil Engineering and Design Services, Inc., Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc United States' Response to Motion for Brady/Giglio Disclosures (Dillon, William) (Entered: 09/08/2006)
09/08/200698 RESPONSE to by USA as to Jack W Swann, Ronald K Wilson, Civil Engineering and Design Services, Inc., Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc United States' Response to Rasts' Request for Notice of Evidence (Dillon, William) (Entered: 09/08/2006)
09/08/200699 Sealed Document as to Jack W. Swann et al. (SDA, ) (Entered: 09/08/2006)
09/11/2006100 RESPONSE to by Member Filer as to Jack W Swann, Ronald K Wilson, Civil Engineering and Design Services, Inc., Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc Defendants' Bobby J. Rast and Daniel B. "Danny" Rast, and Rast Construction, Inc. Objection to the Court's Order to Admit Exhibits Prior to Trial (Clark, William) (Entered: 09/11/2006)
09/11/2006101  MOTION in Limine of Defendants' Bobby J. Rast and Daniel B. "Danny" Rast, and Rast Construction, Inc. Regarding Admission of Government Exhibits 17, 18, 19 and 20 by Member Filer as to Jack W Swann, Ronald K Wilson, Civil Engineering and Design Services, Inc., Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc. (Clark, William) (Entered: 09/11/2006)
09/11/2006102 RESPONSE to by Member Filer as to Jack W Swann, Ronald K Wilson, Civil Engineering and Design Services, Inc., Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc Defendants' Bobby J. Rast and Daniel B. "Danny" Rast, Objection to Order of Denial of Motion for Bill of Particulars, and Appeal to District Judge (Clark, William) (Entered: 09/11/2006)
09/11/2006103  MOTION in Limine Defendants' Bobby J. Rast ane Daniel B. "Danny" Rast, and Rast Construction, Inc. Motion in Limine to Preclude the Admission of McNair Evidence by Member Filer as to Jack W Swann, Ronald K Wilson, Civil Engineering and Design Services, Inc., Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc. (Clark, William) (Entered: 09/11/2006)
09/11/2006104  MOTION in Limine Defendants' Bobby J. Rast and Daniel B. "Danny" Rast, and Rast Construction, Inc. Motion in Limine to Exclude Evidence of Other Alleged Crimes, Wrongs or Offenses by Member Filer as to Jack W Swann, Ronald K Wilson, Civil Engineering and Design Services, Inc., Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc. (Clark, William) (Entered: 09/11/2006)
09/11/2006105  MOTION to Dismiss Count One Hundred Twenty-Five by Member Filer as to Jack W Swann, Ronald K Wilson, Civil Engineering and Design Services, Inc., Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc. (Calloway, Mark) (Entered: 09/11/2006)
09/11/2006106 Sealed Document as to Bobby J. Rast, Daniel B. Rast and Rast Construction, Inc as filed in case 2:05-CR-544-LSC-TMP. (SDA, ) (Entered: 09/12/2006)
09/12/2006113 Minute Entry for proceedings held before Judge L Scott Coogler :Motion Hearing as to 2:05-cr-544 and 2:06-cr-84 as to Jack W Swann, Ronald K Wilson, Civil Engineering and Design Services, Inc., Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc held on 9/12/2006 re Motions (see docket entry in 2:05-cr-544 and attached Log Notes)(Court Reporter Lindy Fuller.) (ADF) (Entered: 09/13/2006)
09/13/2006107 ORDER as set out as to Bobby J. Rast, Daniel B. "Danny" Rast, Rast Construction, Inc et al re 102 Objections and motion seeking a review; The objections are OVERRULED and the Magistrate Judge's denial of the dfts' motion for bill of particulars is AFFIRMED . Signed by Judge L Scott Coogler on 9/13/2006. (HBB, ) (Entered: 09/13/2006)
09/13/2006108  MOTION Adopt Defendant Joseph E. "Eddie" Yessick's Motion to Adopt all Requested Jury Instructions filed by all Co-Defendants by Member Filer as to Jack W Swann, Ronald K Wilson, Civil Engineering and Design Services, Inc., Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc. (Wise, Ronald) corrected image on 9/13/2006 (DWC, ). (Entered: 09/13/2006)
09/13/2006109  MOTION to Dismiss Motion to Dismiss Counts 55, 56, 64, and 65 by USA as to Jack W Swann, Ronald K Wilson, Civil Engineering and Design Services, Inc., Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc. (Dillon, William) (Entered: 09/13/2006)
09/13/2006110 Proposed Jury Instructions by Member Filer as to Jack W Swann, Ronald K Wilson, Civil Engineering and Design Services, Inc., Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc (Calloway, Mark) (Entered: 09/13/2006)
09/13/2006111  Memorandum in Support of Defendants' Bobby J. Rast and Daniel B. "Danny" Rast and Rast Construction, Inc. Motion to Dismiss by Member Filer as to Jack W Swann, Ronald K Wilson, Civil Engineering and Design Services, Inc., Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc. (Clark, William) Modified text on 9/13/2006 (DWC, ). (Entered: 09/13/2006)
09/13/2006112 RESPONSE to by USA as to Jack W Swann, Ronald K Wilson, Civil Engineering and Design Services, Inc., Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc United States' Response To Defendant's Motion To Dismiss Count One Hundred Twenty-Five (Dillon, William) (Entered: 09/13/2006)
09/13/2006  ORDER granting 109 Motion to Dismiss Counts 55,56, 64 & 65 in case 2:05-CR-544-LSC-TMP as to Jack W Swann, Joseph Eddie Yessick, Roland Pugh Construction, Inc, Bobby Rast, Danny Rast, Rast Construction, Inc. Floyd W Pat Dougherty and F W Dougherty Engineering & Associates, Inc.. Signed by Judge L Scott Coogler on 9/13/2006. (HBB, ) (Entered: 09/13/2006)
09/13/2006114 Minute Entry for proceedings held before Judge L Scott Coogler :Motion Hearing continued in 2:05-cr-544 and 2:06-cr-84 as to Jack W Swann, Ronald K Wilson, Civil Engineering and Design Services, Inc., Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc held on 9/13/2006 re Motions (see docket entry in 2:05-cr-544 and Log Notes attached) (Court Reporter Lindy Fuller.) (ADF) (Entered: 09/13/2006)
09/13/2006115 Proposed Jury Instructions by Jack W Swann (McKnight, David) (Entered: 09/13/2006)
09/14/2006116  MOTION to Adopt Defendant Roland Pugh Construction, Incoporated's Objections to United States Proposed Jury Instructions and Requests to Charge by Member Filer as to Jack W Swann, Ronald K Wilson, Civil Engineering and Design Services, Inc., Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc. (Wise, Ronald) (Entered: 09/14/2006)
09/14/2006117 ORDER as to Jack W Swann, et al - After due consideration, the request for a juror questionnaire is denied; Voir Dire will be sufficient to obtain the needed information as set out . Signed by Judge L Scott Coogler on 09/14/06. (SDA, ) (Entered: 09/14/2006)
09/15/2006118 ORDER as set out as to Ronald K Wilson, et al Services, Inc., re 105 MOTION to Dismiss Count 125 of the Second Superseding Indictment filed by Member Filer, . Signed by Judge L Scott Coogler on 9/14/2006. (HBB, ) (Entered: 09/15/2006)
09/15/2006  Minute Entry for proceedings held before Judge T Michael Putnam :Evidentiary Hearing as to Jack W Swann, Ronald K Wilson, Civil Engineering and Design Services, Inc., Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc held on 9/15/2006-Court's preliminary remarks-Dfts' testimony [Witnesses: 1)S/A Billy Mayhall; 2)S/A Barbee Bryant]-Dfts rest-No testimony offered by the Gov't-Court to take the matter under advisement-WRITTEN ORDER to be entered by the Court. (Court Reporter, Karla Johnson.) (RLD) (Entered: 09/15/2006)
09/15/2006119 ORDER as set out denying 67 Motion to Dismiss as to Jack W Swann (1); denying 66 Motion to Dismiss as to Floyd W. Pat Dougherty (4), F.W. Dougherty Engineering & Associates, Inc (5). Signed by Judge L Scott Coogler on 9/15/2006. (HBB, ) (Entered: 09/15/2006)
09/15/2006120 ORDER as set out as to Jack W Swann, Ronald K Wilson, Civil Engineering and Design Services, Inc., Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc DENYING re 86 MOTION for Disclosure filed by Member Filer, and doc # 78 in case 2:05-CR-544-LSC-TMP. The Clerk is DIRECTED to maintain under SEAL and not available to the parties or counsel in this case, the copy of AUSA Dillon's handwritten notes submitted for in camera examination for purposes of appellate review. . Signed by Judge T Michael Putnam on 9/15/2006. (HBB, ) (Entered: 09/15/2006)
09/17/2006121  MOTION Motion to Adopt Obections to United States Proposed Jury Instructions by Jack W Swann. (Briskman, Samuel) (Entered: 09/17/2006)
09/18/2006122  MOTION Adopt Motions of Co-Defendants by Floyd W. Pat Dougherty as to Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc. (Salter, J) (Entered: 09/18/2006)
09/18/2006123 Jury Peremptory Strike Form of Jack W Swann, Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc.filed in open court (no pdf doc attached) (ADF) Modified on 9/19/2006 (ADF). (Entered: 09/18/2006)
09/18/2006124 Jury Peremptory Strike Form of USA filed in open court (no pdf doc attached). (ADF) Modified on 9/19/2006 (ADF). (Entered: 09/18/2006)
09/18/2006  Minute Entry for proceedings held before Judge L Scott Coogler :JURY SELECTION - voir dire held on 9/18/2006 as to Jack Swannn, Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc; see record for challenges for cause; jury peremptory strike forms filed; jury called; daily adj (Court Reporter Lindy Fuller.) (ADF) (Entered: 09/19/2006)
09/18/2006  Minute Entry for proceedings held before Judge L Scott Coogler :Voir Dire begun on 9/18/2006 (Court Reporter Lindy Fuller.) (ADF) (Entered: 09/21/2006)
09/19/2006  Minute Entry for proceedings held before Judge L Scott Coogler :JURY TRIAL resumed as to Jack W Swann, Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc held on 9/19/2006; jury oath admin; court's prel remarks; opening statements; Rule invoked; govt test; daily adj (Court Reporter Lindy Fuller.) (ADF) (Entered: 09/20/2006)
09/20/2006125  MOTION (Request) for Order to Compel Testimonyby USA as to, Ronald K Wilson, et al (Attachments: # 1)(HBB, ) (Entered: 09/20/2006)
09/20/2006126 ORDER that Janice Kykendall is hereby required to give testimony and provide information as set out in said order 125 Motion to Compel as to Ronald K Wilson (2), et al . Signed by Judge L Scott Coogler on 9/20/2006. (HBB, ) (Entered: 09/20/2006)
09/20/2006  Minute Entry for proceedings held before Judge L Scott Coogler :JURY TRIAL resumed on 9/20/2006; Govt's testimony cont; Daily Adj (Court Reporter Lindy Fuller.) (ADF) (Entered: 09/21/2006)
09/21/2006127  MOTION to Dismiss Count 101 of the Second Superseding Indictmentby USA as to Jack W Swann, Ronald K Wilson, Civil Engineering and Design Services, Inc., Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc. (HBB, ) (Entered: 09/21/2006)
09/21/2006128 ORDER Dismissing Count 101 of the 2nd Superseding Indictment as to Jack W Swann, Ronald K Wilson, Civil Engineering and Design Services, Inc., Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc re 127 MOTION to Dismiss filed by USA,, Motions terminated as to Jack W Swann, Ronald K Wilson, Civil Engineering and Design Services, Inc., Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc: . Signed by Judge L Scott Coogler on 9/21/2006. (HBB, ) (Entered: 09/21/2006)
09/21/2006  Minute Entry for proceedings held before Judge L Scott Coogler :Jury Trial resumed on 9/21/2006; Govt testimony cont; Daily Adj (Court Reporter Lindy Fuller.) (ADF) (Entered: 09/21/2006)
09/22/2006  Minute Entry for proceedings held before Judge L Scott Coogler :Jury Trial resumed on 9/22/2006. Govt's testimony cont'd. Daily adj. (Court Reporter Lindy Fuller.) (YMB) (Entered: 09/22/2006)
09/25/2006  Minute Entry for proceedings held before Judge L Scott Coogler :Jury Trial resumed on 9/25/2006. Govt's testimony cont'd. Govt rests. Dfts' Rule 29 Motions (oral/separate) - Arguments - DENIED (orally, LSC). Daily adj. (Court Reporter Lindy Fuller.) (YMB) (Entered: 09/25/2006)
09/26/2006  Minute Entry for proceedings held before Judge L Scott Coogler :JURY TRIAL resumed on 9/26/2006; Dft Swann and Dft Pugh Const testimony; Partial charge conferenceDaily Adj (Court Reporter Lindy Fuller.) (ADF) (Entered: 09/27/2006)
09/27/2006129  MOTION for Acquittal After Close of All Evidence by Jack W Swann. (McKnight, David) (Entered: 09/27/2006)
09/27/2006  Minute Entry for proceedings held before Judge L Scott Coogler :JURY TRIAL resumed on 9/27/2006; Dfts' testimony continued; Dft Pugh Const (joined by all other dfts) Motion for mistrial (oral) - OVERRULED (orally, LSC); All dfts rest; charge conf cont; All dfts Renewed Rule 29 Motion (oral)-DENIED (orally, LSC); Daily Adj (Court Reporter Lindy Fuller.) (ADF) (Entered: 09/28/2006)
09/28/2006  Minute Entry for proceedings held before Judge L Scott Coogler :JURY TRIAL resumed on 9/28/2006; All dfts renewed Rule 29 Motions (oral)- DENIED (orally, LSC); Dft Pugh Const renewed Motion for mistrial joined by all dfts (oral) - DENIED (orally, LSC); Closing arguments; Court's jury charge w/addt charge given after dfts objs to charge; alternate juror released; Jury released to return Fri, 9/29/96 at 9:00 for deliberations; Daily Adj (Court Reporter Lindy Fuller.) (ADF) (Entered: 09/28/2006)
09/29/2006  Minute Entry for proceedings held before Judge L Scott Coogler :Jury Trial resumed on 9/29/2006; Jury Deliberations; 1st written question by jury (Court Exh 3)- Court's verbal response to question; Jury to return Monday 10/2/06 at 8:00 a.m. to resume deliberations (Court Reporter Lindy Fuller.) (ADF) (Entered: 09/29/2006)
09/29/2006130 Jury Instructions as to Jack W Swann, et al. (SDA, ) (Entered: 10/02/2006)
10/02/2006  Minute Entry for proceedings held before Judge James H Hancock :Jury Trial continuing w/jury deliberations on 10/2/2006. 1st written note of jury (Court Exh 4). 2nd written question of jury (Court Exh 5) - Court's written response to question (Court Exh 6). Jury Verdicts finding dfts guilty as to some counts and not guilty as to some counts. Jury polled and dismissed. Dfts cont'd on same bond conditions. Sentencings to be set at a later date. Adj. (Court Reporter Carla Johnson.) (YMB) (Entered: 10/02/2006)
10/02/2006131 JURY VERDICT as to Jack W Swann (1) Not Guilty on Counts 1-17. (YMB) (Entered: 10/02/2006)
10/02/2006132 JURY VERDICT as to Floyd W. Pat Dougherty (4) Not Guilty on Counts 1-17. (YMB) (Entered: 10/02/2006)
10/02/2006133 JURY VERDICT as to F.W. Dougherty Engineering & Associates, Inc (5) Not Guilty on Counts 1-17. (YMB) (Entered: 10/02/2006)
10/04/2006134  MOTION to Produce Request To Substitute A Copy Of Exhibits For Originals by USA as to Jack W Swann, Ronald K Wilson, Civil Engineering and Design Services, Inc., Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc. (Dillon, William) (Entered: 10/04/2006)
10/05/2006135 JUDGMENT (CLERK'S COURT MINUTES) as to F.W. Dougherty Engineering & Associates, Inc (5), Count(s) 1-17, Not Guilty ; it is ORDERED and ADJUDGED that the indictment as to Counts 1-17 is dismissed with prejudice as set out. Signed by Judge L Scott Coogler on 10/05/06. (SDA, ) (Entered: 10/05/2006)
10/05/2006136 JUDGMENT (CLERK'S COURT MINUTES) as to Floyd W. Pat Dougherty (4), Count(s) 1-17, Not Guilty ; it is ORDERED and ADJUDGED that the indictment as to Counts 1-17 is dismissed with prejudice as set out. Signed by Judge L Scott Coogler on 10/05/06. (SDA, ) (Entered: 10/05/2006)
10/05/2006137 JUDGMENT (CLERK'S COURT MINUTES) as to Jack W Swann (1), Count(s) 1-17, Not Guilty ; it is ORDERED and ADJUDGED that the indictment as to counts 1-17 is dismissed with prejudice as set out. Signed by Judge L Scott Coogler on 10/05/06. (SDA, ) (Entered: 10/05/2006)
10/11/2006  ORDER granting 134 Motion to Produce as to Swann et al. Signed by Judge L Scott Coogler on 10/11/06. (SDA, ) (Entered: 10/11/2006)
10/27/2006138 ORDER SETTING SENTENCING HEARING as to Ronald K Wilson, Civil Engineering and Design Services, Inc. Sentencing set for 1/18/2007 01:15 PM in Courtroom 7-B before Judge L Scott Coogler.. Signed by Judge L Scott Coogler on 10/27/06. (SDA, ) (Entered: 10/27/2006)
11/14/2006139  MOTION for Extension of Time to File Response/Reply by USA as to Jack W Swann, Ronald K Wilson, Civil Engineering and Design Services, Inc., Floyd W. Pat Dougherty, F.W. Dougherty Engineering & Associates, Inc. (Dillon, William) (Entered: 11/14/2006)
12/26/2006140 OBJECTION TO PRESENTENCE INVESTIGATION REPORT by Ronald K Wilson (Braswell, Walter) (Entered: 12/26/2006)
12/26/2006141 OBJECTION TO PRESENTENCE INVESTIGATION REPORT by Civil Engineering and Design Services, Inc. (Moore, Leslie) (Entered: 12/26/2006)
01/18/2007142  MOTION to Dismiss Counts One through Five and Counts Seven through Seventeenby USA as to Ronald K Wilson. filed in open court (DWC, ) (Entered: 01/18/2007)
01/18/2007143  MOTION to Dismiss Counts One through Three and Counts Five through Seventeenby USA as to Civil Engineering and Design Services, Inc.. filed in open court (DWC, ) (Entered: 01/18/2007)
01/18/2007144  MOTION for Departure pursuant to USSG 5K1.1 by USA as to Ronald K Wilson. filed in open court (DWC, ) (Entered: 01/18/2007)
01/18/2007  Minute Entry for proceedings held before Judge L Scott Coogler :Sentencing held on 1/18/2007 for dft CIVIL ENG DESIGN SERVICES INC; Govt's motion #143 to dismiss Cts 1-3 and 5-17 w/prej - (orally) GRANTED; SENTENCE: Probation 1 year as to Ct 4 w/stand conds - FINE of $80,000 interest waived - $400 asmt fee. (Court Reporter Lindy Fuller.) (ADF) (Entered: 01/18/2007)
01/18/2007  Minute Entry for proceedings held before Judge L Scott Coogler :Sentencing held on 1/18/2007 for dft RONALD K. WILSON; Govt's motion #144 for 5K1.1 downward departure - (orally) GRANTED; Govt's motion #142 to dismiss Cts 1-5 and 7-17 w/prej - (orally) GRANTED; SENTENCE: CBP 13 mths as to Ct 75 and 76 in 2:05-cr-0545 and as to Ct 6 in 2:06-cr-084, seperately w/each ct to run concurrently to the other w/recom to BP to house near Montgomery, AL - SRT 3 years w/spec conds as set out in J&C - FINE of $250,000 interest waived - $300 asmt fee; Dft to report to USM/Facility by 12 Noon on 2/16/2007. (Court Reporter Lindy Fuller.) (ADF) (Entered: 01/18/2007)
01/18/2007145 PRESENTENCE INVESTIGATION REPORT (Sealed) as to Ronald K Wilson filed w/USP (HBB, ) (Entered: 01/19/2007)
01/18/2007146 Sentencing Recommendations (Sealed) as to Ronald K Wilson filed w/USP (HBB, ) (Entered: 01/19/2007)
01/18/2007147 JUDGMENT as to Ronald K Wilson (2), Count(s) 1-5, 7-17, Govt's motion to dismiss is Granted; CBP 13 mos as to cnt 6 and as to cnts 75 & 76 in case 2:05-CR-545 separately w/each cnt to run concur; SRT 36 mos; $250,000 Fine (total for both cases); AF $300.00 (total for both cases) . Signed by Judge L Scott Coogler on 1/18/2007. (HBB, ) (Entered: 01/19/2007)
01/18/2007148 PRESENTENCE INVESTIGATION REPORT (Sealed) as to Civil Engineering and Design Services, Inc. filed w/USP (HBB, ) (Entered: 01/19/2007)
01/18/2007149 Sentencing Recommendations (Sealed) as to Civil Engineering and Design Services, Inc. filed w/USP (HBB, ) (Entered: 01/19/2007)
01/18/2007150 JUDGMENT as to Civil Engineering and Design Services, Inc. (3), Count(s) 1-3, 5-17, Govt's motion to dismiss w/prej is Granted; Count(s) 4, Probation 12 mos; Fine $80,000.00; AF $400.00 . Signed by Judge L Scott Coogler on 1/18/2007. (HBB, ) (Entered: 01/19/2007)
02/07/2007151 First MOTION Extend Report Date by Ronald K Wilson. (Braswell, Walter) (Entered: 02/07/2007)
02/07/2007152 ORDER GRANTING 151 Motion Extending Reporting Date as to Ronald K Wilson (2); The dft is ORDERED and DIRECTED to report directly to the designated institution to commence service of his sentence AT or BEFORE 12:00 on FRIDAY MARCH 16, 2007. Dft will remain on the same bond conditions pending the new reporting date.. Signed by Judge L Scott Coogler on 2/7/2007. (HBB, ) (Entered: 02/07/2007)
02/08/2007153  MOTION to Quash Subpoena by Rast Construction Inc. by Member Filer as to Jack W Swann. (Gloor, Terry) (Entered: 02/08/2007)
03/15/2007154 First MOTION Partial Remittutur of Fine by Ronald K Wilson. (Braswell, Walter) (Entered: 03/15/2007)
03/27/2007155 Judgment Returned Executed as to Ronald K Wilson on 03/16/07 to FCI Edgefield at Edgefield, SC. (SDA ) (Entered: 03/29/2007)
04/04/2007156 RESPONSE to by USA as to Ronald K Wilson Response Of The United States To Defendant's Motion For Partial Remittiur Of Fine (Dillon, William) (Entered: 04/04/2007)
04/04/2007157 RESPONSE in Support by Ronald K Wilson re 154 First MOTION Partial Remittutur of Fine Reply To Obj. by United States (Braswell, Walter) (Entered: 04/04/2007)
04/18/2007  ORDER denying 154 First Motion Partial Remittitur of Fine as to Ronald K Wilson (2). Signed by Judge L Scott Coogler on 04/18/07. (SDA ) (Entered: 04/19/2007)
03/27/2009158  MOTION for Order Requiring Examination of Judgment Debtor by USA as to Ronald K Wilson. (Woodke, Lane) (Entered: 03/27/2009)
03/30/2009159 ORDER FOR APPEARANCE OF JUDGMENT DEBTOR in this case and 2:05-CR-545-LSC as to Ronald K Wilson re 158 MOTION for Order Requiring Examination of Judgment Debtor is terminated ; Judgment Debtor Exam set for 5/12/2009 09:30 AM in Courtroom 2-B before Magistrate Judge Paul W Greene; the dft is ORDERED to mail certain information as set out on or before 4/26/2009 to the US Attorney's Office, FLU. Signed by Magistrate Judge Paul W Greene on 3/30/2009. (DWC, ) (Entered: 03/30/2009)
05/12/2009  Minute Entry for jgm debtor exam held before Magistrate Judge Paul W Greene as to Ronald K Wilson held on 5/12/2009; oral oath given;(Court Reporter Cheryl Powell)(CJV) (Entered: 05/12/2009)
01/20/2010160 REPORT AND ORDER TERMINATING PROBATION/SUPERVISED RELEASE Prior to Original Expiration Date as to Ronald K Wilson. Signed by Judge L Scott Coogler on 1/20/10. (SMH2, ) (Entered: 01/20/2010)
08/23/2010161 RESPONSE to by USA as to Jack W Swann United States' Submission on Re-Sentencing of Jack Swann (Attachments: # 1 Attachment, # 2 Attachment, # 3 Attachment, # 4 Attachment, # 5 Attachment)(Dillon, William) (Entered: 08/23/2010)