CLOSED

United States District Court
District of Massachusetts (Boston)
CRIMINAL DOCKET FOR CASE #: 1:09-cr-10049-DPW All Defendants


Case title: USA v. Consultores De Navegacion, S.A. et al

Date Filed: 02/12/2009
Date Terminated: 08/21/2009

Assigned to: Judge Douglas P. Woodlock

Defendant (1)
Consultores De Navegacion, S.A.
TERMINATED: 07/28/2009
represented byAllison D. Burroughs
Nutter, McClennen & Fish, LLP
Seaport West
155 Seaport Boulevard
Boston, MA 02210-2604
617-439-2784
Email: aburroughs@nutter.com
ATTORNEY TO BE NOTICED
Designation: Retained

Sarah P. Kelly
Nutter, McClennen & Fish, LLP
Seaport West
155 Seaport Boulevard
Boston, MA 02210-2604
617-439-2461
Fax: 617-310-9461
Email: skelly@nutter.com
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
33:1908(a), 33:151.25 and 18:2 Act to Prevent Pollution from Ships
(1)
Defendant sentenced to 3 years Probation with with standard and special conditions. $400 special assessment. $2,083,333 Fine. Concurrent with sentence imposed in case no. 08-cr-10274-DPW

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:1519 Falsification of records with intent to impede administration
(2)
Dismissed

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge Douglas P. Woodlock

Defendant (2)
Iceport Shipping Company, LTD
TERMINATED: 08/21/2009
represented byAllison D. Burroughs
(See above for address)
ATTORNEY TO BE NOTICED
Designation: Retained

Sarah P. Kelly
(See above for address)
ATTORNEY TO BE NOTICED

Pending Counts

Disposition
None

Highest Offense Level (Opening)
None

Terminated Counts

Disposition
33:1908(a), 33:151.25 and 18:2 Act to Prevent Pollution from Ships
(1)
Dismissed
18:1519 Falsification of records with intent to impede administration
(2)
Dismissed

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Material Witness
Amancio Nuneza represented byCarl Valvo
Cosgrove, Eisenberg & Kiley, PC
One International Place
Boston, MA 02110
617-439-7775
Fax: 617-330-8774
Email: cvalvo@ceklaw.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED


Plaintiff
USA represented byLinda M. Ricci
United States Attorney's Office
Suite 9200
1 Courthouse Way
Boston, MA 02210
617-748-3395
Fax: 617-748-3965
Email: linda.ricci@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Todd Mikolop
U S Attorney DOJ/ECS
600 D Street NW
Room 2003
Washington, DC 20004
202-305-0381
Fax: 202-305-0396
Email: todd.mikolop@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
12/18/20081INDICTMENT as to Consultores De Navegacion, S.A. (1) count(s) 1, 2, Iceport Shipping Company, LTD (2) count(s) 1, 2 (as filed in the District of New Jersey). (Hurley, Virginia) (Entered: 02/12/2009)
02/12/20092ORDER OF TRANSFER (Rule 21) from District of New Jersey as to Consultores De Navegacion, S.A., Iceport Shipping Company, LTD. (Attachments: # 3 Copy of docket - Defendant #2)(Hurley, Virginia) (Entered: 02/12/2009)
03/17/2009  Notice of Reassignment as to Consultores De Navegacion, S.A., Iceport Shipping Company, LTD. Judge Douglas P. Woodlock added. Judge Joseph L. Tauro no longer assigned to case. Case consolidated with 1:08cr10274. (Seelye, Terri) (Entered: 03/17/2009)
03/17/2009  ELECTRONIC NOTICE OF HEARING as to Consultores De Navegacion, S.A., Iceport Shipping Company, LTD: Change of Plea Hearing set for 4/6/2009 03:30 PM in Courtroom 1 before Judge Douglas P. Woodlock. (Lovett, Jarrett) (Entered: 03/17/2009)
03/18/20093NOTICE OF ATTORNEY APPEARANCE: Allison D. Burroughs appearing for Consultores De Navegacion, S.A., Iceport Shipping Company, LTD (Burroughs, Allison) (Entered: 03/18/2009)
03/18/20094NOTICE OF ATTORNEY APPEARANCE: Sarah P. Kelly appearing for Consultores De Navegacion, S.A., Iceport Shipping Company, LTD (Kelly, Sarah) (Entered: 03/18/2009)
03/19/20095NOTICE OF ATTORNEY APPEARANCE Linda M. Ricci appearing for USA. (Ricci, Linda) (Entered: 03/19/2009)
03/23/20096NOTICE OF ATTORNEY APPEARANCE Todd Mikolop appearing for USA. (Mikolop, Todd) (Entered: 03/23/2009)
04/06/2009  Electronic Clerk Notes for proceedings held before Judge Douglas P. Woodlock: Rule 11 Hearing as to Consultores De Navegacion, S.A., Iceport Shipping Company, LTD held on 4/6/2009: Interpreter sworn; Corp. Resolutions filed; Deft's Oral Motion to Amend the Plea Agreement is ALLOWED; Amended Plead Agreement executed and filed; Antonio Carrion on behalf of Consultores De Navegacion, S.A. is sworn; Court conducts Colloquy; Gov't summarizes the facts; Plea entered by Consultores De Navegacion, S.A. (1) Guilty Count 1; Court reserves acceptance of the Plea Agreement; Gov't will move to dismiss Count 2 as to Consultores De Navegacion, S.A., and all Counts as to Iceport Shipping Company, LTD at time of sentencing; Court sets Sentencing for 6/30/09 @ 3:30 PM. (Court Reporter: Diane Molas)(Interpreter: Geoffrian)(Attorneys present: Ricci, Levenson, & Mikolop for the Gov't, Russo & Burroughs for the deft's) (Lovett, Jarrett) (Entered: 04/09/2009)
04/08/20098PLEA AGREEMENT as to Consultores De Navegacion, S.A., Iceport Shipping Company, LTD (Attachments: # 2 Exhibit 2)(York, Steve) (Entered: 04/10/2009)
04/09/20097Judge Douglas P. Woodlock: ORDER entered. PROCEDURAL ORDER re sentencing hearing as to Consultores De Navegacion, S.A.: Sentencing set for 6/30/2009 03:30 PM in Courtroom 1 before Judge Douglas P. Woodlock. (Lovett, Jarrett) (Entered: 04/09/2009)
06/30/2009  Electronic Clerk Notes for proceedings held before Judge Douglas P. Woodlock: Sentencing held on 6/30/2009 as to Consultores De Navegacion, S.A., Iceport Shipping Company, LTD: Parties received transcripts pertinent to this hearing on 6/29/09; after the parties review of the transcripts issues pertaining to factual basis have risen as to count(s) 4s & 5s in case no. 08-cr-10274-DPW; deft now may have difficulty paying the fine; Court GRANTS (#147) Joint Motion to Continue filed in case no. 08-cr-10274-DPW ; Further Sentencing is set for 7/27/2009 03:00 PM in Courtroom 1 before Judge Douglas P. Woodlock. Further briefs by both parties are due by 7/22/09. (Court Reporter Diane Molas)(Interpreter: Geoffrion as stand-by)(SUSPO: J. Sinclair)(Attorneys present: Ricci, Levenson, & Mikolop for the Gov't; Burroughs & Russo for the deft's) (Lovett, Jarrett) (Lovett, Jarrett) (Entered: 06/30/2009)
07/01/20099Transcript of Rule 11 Hearing as to Consultores De Navegacion, S.A., Iceport Shipping Company, LTD held on April 6, 2009, before Judge Woodlock. Court Reporter Diane M. Molas at 267/977-2909. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or 7/20/2009. Redacted Transcript Deadline set for 7/29/2009. Release of Transcript Restriction set for 9/28/2009. (Scalfani, Deborah) (Entered: 07/01/2009)
07/01/200910NOTICE is hereby given that an official transcript of a proceeding as to Consultores De Navegacion, S.A., Iceport Shipping Company, LTD has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry. (Scalfani, Deborah) (Entered: 07/01/2009)
07/27/2009  Electronic Clerk Notes for proceedings held before Judge Douglas P. Woodlock: Plea and Sentence Hearing held on 7/27/2009 Consultores De Navegacion, S.A.: Interpreter sworn; Antonio Carrion sworn on behalf of Consultores De Navegacion, S.A.; amended plea agreement reviewed by the Court; acknowledgment of plea agreement filed; Gov't will move to dismiss Count 2 as to Consultores De Navegacion, S.A., and Count(s) 1 & 2 as to Iceport Shipping Company, LTD.; Court Conducts second Colloquy; (1) Plea of guilty on Count 1 accepted by the Court; Court accpts the parties amended plea agreement; Defendant sentenced: On Count 1 Consultores De Navegacion, S.A. sentenced to 3 years Probation with with standard and special conditions. $2000 special assessment. $2,083,333 Fine. Sentence to run concurrent with sentence imposed in case no. 08-cr-10274-DPW. Deft advised of right to appeal. (Court Reporter: Brenda Hancock)(Interpreter: D. Huacuja)(SUSPO: J. Sinclair)(Attorneys present: Ricci, Levenson, & Mikolop for the Gov't; Burroughs & Russo for the deft's) (Lovett, Jarrett) (Entered: 07/28/2009)
07/27/200911NOTICE of Acknowledgment of Plea Agreement by Consultores De Navegacion, S.A., Iceport Shipping Company, LTD. (Attachments: # 1 Corporate Resolution of the Sole Administrator)(Lovett, Jarrett) (Entered: 07/31/2009)
07/28/200912Judge Douglas P. Woodlock: ORDER entered. JUDGMENT as to Consultores De Navegacion, S.A. (1), Count(s) 1, Defendant sentenced to 3 years Probation with with standard and special conditions. $400 special assessment. $2,083,333 Fine. Concurrent with sentence imposed in case no. 08-cr-10274-DPW (Lovett, Jarrett) (Entered: 07/31/2009)
08/19/200913DISMISSAL as to Consultores De Navegacion, S.A., Iceport Shipping Company, LTD Dismissal of Certain Charges (Ricci, Linda) (Entered: 08/19/2009)
08/19/200914Judge Douglas P. Woodlock: ORDER entered. DISMISSAL OF COUNTS on Government Motion as to Consultores De Navegacion, S.A., Iceport Shipping Company, LTD. Counts dismissed: All Counts (1,2) are dismissed as to defendant Iceport Shipping Company, LTD. Count (2) (charging 18 U.S.C. 1519) dismissed as to defendant Consultores De Navegacion, S.A.(York, Steve) (Entered: 08/19/2009)
08/21/2009  Case Terminated as to Iceport Shipping Company, LTD (York, Steve) (Entered: 08/21/2009)
08/21/2009  Terminated defendant Iceport Shipping Company, LTD, pending deadlines, and motions. (York, Steve) (Entered: 08/21/2009)
09/23/200915 Motion Award Pursuant to 33 USC Section 1908 (a) as to Consultores De Navegacion, S.A. by Amancio Nuneza. (York, Steve) (Entered: 09/23/2009)
09/23/200916 RESPONSE to Motion by USA as to Consultores De Navegacion, S.A. re 15 Motion Award Pursuant to 33 USC Section 1908 (a) (York, Steve) (Entered: 09/23/2009)
10/28/200917 United States Letter (non-motion) regarding Nuneza Application for Award as to Consultores De Navegacion, S.A. (Attachments: # 1 Exhibit Piamonte E-Mail)(Ricci, Linda) (Entered: 10/28/2009)
07/06/201018 NOTICE of Filing of Proposed Order by USA as to Consultores De Navegacion, S.A. (Attachments: # 1 Exhibit)(Ricci, Linda) (Entered: 07/06/2010)
07/08/201019Judge Douglas P. Woodlock: ORDER entered. Order for Payment of Award as to Consultores De Navegacion, S.A., Iceport Shipping Company, LTD (York, Steve) (Entered: 07/08/2010)
07/20/2010   Judge Douglas P. Woodlock: ELECTRONIC ORDER entered granting 15 Motion as to Consultores De Navegacion, S.A. (1) (York, Steve) (Entered: 07/20/2010)