| CLOSED |
Case title: USA v. Container Services, et al |
Date Filed: 08/02/2001 Date Terminated: 04/16/2002 |
| Assigned to: Judge Alan S. Gold | ||
Defendant (1) |
||
|
Container Services International, Inc.
TERMINATED: 04/24/2002 |
represented by | Leonard Alan Sands
Sands & Moskowitz, P.A. One Biscayne Tower - Suite 2600 Two South Biscayne Boulevard Miami, FL 33131-1819 305-285-1500 Fax: 305-285-0699 Email: leonardsands@att.net TERMINATED: 04/24/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained |
Pending Counts |
Disposition |
|
| 18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES
(IMPEDING, IMPAIRING, DEFEATING AND OBSTRUCTING THE LAWFUL GOVERNMENTAL
FUNCTIONS OF CUSTOMS, NHTSA and EPA) (1) |
Probation for 2 years. Assessment of $400.00. Fine of $10,000.00. Restitution of $675,000.00; the restitution order, consisting of five pages, filed with the Clerk of Court on 4/16/02, a copy attached hereto, is hereby incorporated and made part of this judgment. | |
Highest Offense Level (Opening) |
||
| Felony | ||
Terminated Counts |
Disposition |
|
| 18:545.F SMUGGLING GOODS INTO THE US EXCEPT NARCO/LIQUOR (MERCEDES BENZ) (2-6) |
Dismissed. | |
Highest Offense Level (Terminated) |
||
| Felony | ||
Complaints |
Disposition |
|
| None |
Plaintiff |
||
| USA | represented by | Eloisa Delgado Fernandez
United States Attorney's Office 99 NE 4 Street Miami, FL 33132 305-961-9025 Fax: 536-4675 Email: eloisa.d.fernandez@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 08/02/2001 | 1 | INDICTMENT as to Container Services (1) count(s) 1, 2-6, Nicole G. Schmitt (2) count(s) 1, 2-6, 7-8 (Criminal Category 1) (md, Deputy Clerk) (Entered: 08/02/2001) |
| 08/02/2001 | Magistrate identification: Magistrate Judge William C. Turnoff (md, Deputy Clerk) (Entered: 08/02/2001) | |
| 08/02/2001 | 6 | ORDER as to Container Services reset Arraignment for 10:00 8/15/01 for Container Services before Duty Magistrate , set Report re counsel for 10:00 8/15/01 for Container Services before Duty Magistrate ( Signed by Magistrate Stephen T. Brown on 8/2/01) [EOD Date: 8/3/01] CCAP (sk, Deputy Clerk) (Entered: 08/03/2001) |
| 08/07/2001 | 9 | MOTION by USA as to Container Services, Nicole G. Schmitt to transfer similar actions re: transfer the instant case to the Honorable United States District Judge Alan S. Gold (sn, Deputy Clerk) (Entered: 08/08/2001) |
| 08/09/2001 | 10 | TRANSCRIPT filed as to Container Services, Nicole G. Schmitt of Pretrial Detention and Bond Hearing held 8/2/01 before Judge Stephen T. Brown Pages: 1-8. Court Reporter: Jerald M. Meyers (gp, Deputy Clerk) (Entered: 08/10/2001) |
| 08/15/2001 | 11 | NOTICE of Appearance for Container Services, Nicole G. Schmitt by Attorney Leonard Alan Sands (sn, Deputy Clerk) (Entered: 08/16/2001) |
| 08/15/2001 | Initial appearance as to Container Services held (Defendant informed of rights.) (mg, Deputy Clerk) (Entered: 08/16/2001) | |
| 08/15/2001 | 13 | ARRAIGNMENT INFORMATION SHEET for Container Services (1) count(s) 1, 2-6 NOT GUILTY PLEA ENTERED as to all counts. Court accepts plea. (mg, Deputy Clerk) (Entered: 08/16/2001) |
| 08/15/2001 | 14 | STANDING DISCOVERY ORDER as to Container Services, Nicole G. Schmitt all motions concerning matters not covered by this order must be filed within 28 days of this order ( Signed by Magistrate Barry L. Garber on 8/15/01) Tape # 01C-57-1820 CCAP (sn, Deputy Clerk) (Entered: 08/16/2001) |
| 08/15/2001 | 15 | MOTION by USA as to Container Services, Nicole G. Schmitt for inquiry into potential conflict of interest (sn, Deputy Clerk) (Entered: 08/16/2001) |
| 08/21/2001 | 16 | ORDER as to Container Services, Nicole G. Schmitt granting [9-1] motion to transfer similar actions re: transfer the instant case to the Honorable United States District Judge Alan S. Gold as to Container Services (1), Nicole G. Schmitt (2) ( Signed by Judge L. Graham on 8/15/01) [EOD Date: 8/22/01] CCAP (hd, Deputy Clerk) (Entered: 08/22/2001) |
| 08/21/2001 | CASE reassigned to Judge Alan S. Gold (hd, Deputy Clerk) (Entered: 08/22/2001) | |
| 08/24/2001 | 17 | SCHEDULING ORDER as to Container Services, Nicole G. Schmitt setting Calendar Call for 1:30 9/19/01 for Container Services, for Nicole G. Schmitt ; Jury Trial for 9:00 9/24/01 for Container Services, for Nicole G. Schmitt ; Pretrial Conferen ce for 9:30 9/7/01 for Container Services, for Nicole G. Schmitt ; before Judge Alan S. Gold ( Signed by Judge Alan S. Gold on 8/24/01) [EOD Date: 8/27/01] CCAP (hd, Deputy Clerk) (Entered: 08/27/2001) |
| 08/24/2001 | 17 | ORDER ALL PRETRIAL MOTIONS TO Magistrate Judge Andrea M. Simonton ( Signed by Judge Alan S. Gold on 8/24/01) CCAP [EOD Date: 8/27/01] (hd, Deputy Clerk) (Entered: 08/27/2001) |
| 08/27/2001 | 18 | RESPONSE by Container Services, Nicole G. Schmitt to [15-1] motion for inquiry into potential conflict of interest (wc, Deputy Clerk) (Entered: 08/28/2001) |
| 08/28/2001 | 19 | ORDER as to Container Services, Nicole G. Schmitt that pursuant to Administrative Order 99-27, this case should be reassigned to Magistrate Judge Andrea M. Simonton ( Signed by Judge Alan S. Gold on 8/28/01) [EOD Date: 8/29/01] CCAP (wc, Deputy Clerk) (Entered: 08/29/2001) |
| 08/28/2001 | Magistrate identification: Magistrate Judge Andrea M. Simonton (wc, Deputy Clerk) (Entered: 08/29/2001) | |
| 08/28/2001 | 20 | ORDER OF REFERENCE referring Motion(s) to Magistrate Judge Andrea M. Simonton as to Container Services, Nicole G. Schmitt : [15-1] motion for inquiry into potential conflict of interest ( Signed by Judge Alan S. Gold on 8/28/01) [EOD Date: 8/29/01] CCAP (wc, Deputy Clerk) (Entered: 08/29/2001) |
| 08/29/2001 | 21 | RESPONSE to Standing Discovery Order by USA as to Container Services, Nicole G. Schmitt (wc, Deputy Clerk) (Entered: 08/30/2001) |
| 08/30/2001 | 22 | ORDER as to Container Services, Nicole G. Schmitt Motion hearing before Magistrate Judge Andrea M. Simonton set for 9:00 9/7/01 for Container Services, for Nicole G. Schmitt for [15-1] motion for inquiry into potential conflict of interest ( Signed by Magistrate Judge Andrea M. Simonton on 8/30/01) [EOD Date: 9/4/01] CCAP (hd, Deputy Clerk) Modified on 09/04/2001 (Entered: 09/04/2001) |
| 09/06/2001 | 23 | MOTION by Container Services, Nicole G. Schmitt to continue /reschedule first trial setting (sk, Deputy Clerk) (Entered: 09/07/2001) |
| 09/07/2001 | 24 | WAIVER of Right to Separate Counsel by Container Services ( Signed by Magistrate Judge Andrea M. Simonton on 9/7/01) (hd, Deputy Clerk) (Entered: 09/10/2001) |
| 09/07/2001 | Garcia hearing as to Container Services, Nicole G. Schmitt re: [15-1] motion for inquiry into potential conflict of interest held before Magistrate Judge Andrea M. Simonton (hd, Deputy Clerk) (Entered: 09/10/2001) | |
| 09/07/2001 | 26 | Minutes of Garcia hearing as to Container Services, Nicole G. Schmitt re: [15-1] motion for inquiry into potential conflict of interest held on 9/7/01 before Magistrate Judge Andrea M. Simonton; Court Reporter Name or Tape #: 01FX99-2085 and 100-1 (hd, Deputy Clerk) (Entered: 09/10/2001) |
| 09/07/2001 | Pre-trial conference as to Container Services, Nicole G. Schmitt held (wc, Deputy Clerk) (Entered: 09/10/2001) | |
| 09/07/2001 | 27 | Minutes of Pretrial Conference held on 9/7/01 before Judge Alan S. Gold as to Container Services, Nicole G. Schmitt ; Government's estimated trial time: 5 days. All pretrial motions shall be due: 10/19/01 - no exceptions. Telephonic status conference: 11/7/01 at 8:45am - Defendant is excused. Court to initiate call. Pretrial Conference: 12/21/01 at 1:30pm (45 minutes allocated). Trial: 1/7/02 at 9:00am. Calendar call: 12/26/01 at 1:30pm. Order to follow. Court Reporter Name or Tape #: Joseph Millikan (wc, Deputy Clerk) (Entered: 09/10/2001) |
| 09/14/2001 | 28 | NOTICE of filing attached corporate resolution by Container Services, Nicole G. Schmitt (hd, Deputy Clerk) (Entered: 09/17/2001) |
| 09/17/2001 | 29 | OMNIBUS ORDER as to Container Services, Nicole G. Schmitt reset all pretrial motion filings to 10/19/01 for Container Services, for Nicole G. Schmitt ; Calendar Call for 1:30 12/21/01 for Container Services, for Nicole G. Schmitt ; Jury Trial for 9:00 1/7/02 for Container Services, for Nicole G. Schmitt ; Pretrial Conference for 1:30 12/21/01 for Container Services, for Nicole G. Schmitt ; telephonic status conference for 8:45 11/7/01 for Container Services, for Nicole G. Schmitt , to Continue in Interest of Justice granting [23-1] motion to continue /reschedule first trial setting as to Container Services (1), Nicole G. Schmitt (2) ( Signed by Judge Alan S. Gold on 9/14/01) [EOD Date: 9/18/01] CCAP (hd, Deputy Clerk) (Entered: 09/18/2001) |
| 10/18/2001 | 30 | NOTICE of Potential Unavailability for 1/7/02 trial setting by Container Services, Nicole G. Schmitt (wc, Deputy Clerk) (Entered: 10/19/2001) |
| 11/07/2001 | Telephonic status conference as to Container Services, Nicole G. Schmitt held (hd, Deputy Clerk) (Entered: 11/09/2001) | |
| 11/07/2001 | 31 | Minutes of telephonic status conference held on 11/7/01 before Judge Alan S. Gold as to Container Services, Nicole G. Schmitt ; Court Reporter or Tape #: JOSEPH MILLIKAN (hd, Deputy Clerk) (Entered: 11/09/2001) |
| 12/05/2001 | 32 | REQUEST by Container Services, Nicole G. Schmitt to Take foreign Witnesses Depositions pursuant to Rule 15, Federal Rules of Criminal Procedure, or in the Alternative, to permit Witnesses to attend trial via video conference (cj, Deputy Clerk) (Entered: 12/06/2001) |
| 12/12/2001 | 33 | RESPONSE by USA as to Container Services, Nicole G. Schmitt re [32-1] motion to Take foreign Witnesses Depositions pursuant to Rule 15, Federal Rules of Criminal Procedure, or in the Alternative, to permit Witnesses to attend trial via video conference (hd, Deputy Clerk) (Entered: 12/13/2001) |
| 12/20/2001 | 34 | ORDER as to Container Services, Nicole G. Schmitt that at Pretrial Conference for 1:30 12/21/01, the Court will address [32-1] motion to Take foreign Witnesses Depositions pursuant to Rule 15, Federal Rules of Criminal Procedure, or in the Alternative, to permit Witnesses to attend trial via video conference as to Container Services (1), Nicole G. Schmitt (2) ( Signed by Judge Alan S. Gold on 12/19/01) [EOD Date: 12/20/01] CCAP (hd, Deputy Clerk) (Entered: 12/20/2001) |
| 12/20/2001 | 35 | NOTICE of Parties Agreement to take foreign witnesses testimony through German judicial system by Container Services, Nicole G. Schmitt (wc, Deputy Clerk) (Entered: 12/21/2001) |
| 12/21/2001 | Pre-trial conference as to Container Services, Nicole G. Schmitt held (hd, Deputy Clerk) (Entered: 12/26/2001) | |
| 12/21/2001 | 36 | Minutes of pre-trial conference held on 12/21/01 before Judge Alan S. Gold as to Container Services, Nicole G. Schmitt ; Court Reporter or Tape #: Kimberly Mesfun (hd, Deputy Clerk) (Entered: 12/26/2001) |
| 01/04/2002 | Change of Plea Hearing as to Container Services held (wc, Deputy Clerk) (Entered: 01/07/2002) | |
| 01/04/2002 | 39 | Minutes of Change of Plea hearing held on 1/4/02 before Judge Alan S. Gold as to Container Services ; Court Reporter Name or Tape #: Joseph Millikan (wc, Deputy Clerk) (Entered: 01/07/2002) |
| 01/04/2002 | PLEA entered by Container Services . Court accepts plea. GUILTY: Container Services (1) count(s) 1 (wc, Deputy Clerk) (Entered: 01/07/2002) | |
| 01/04/2002 | 40 | Plea Agreement as to Container Services (wc, Deputy Clerk) (Entered: 01/07/2002) |
| 01/07/2002 | 41 | ORDER as to Container Services, Nicole G. Schmitt setting Sentencing for 10:00 3/15/02 for Container Services, for Nicole G. Schmitt before Judge Alan S. Gold ( Signed by Judge Alan S. Gold on 1/7/02) [EOD Date: 1/8/02] CCAP (hd, Deputy Clerk) (Entered: 01/08/2002) |
| 01/31/2002 | 44 | UNOPPOSED MOTION by Container Services, Nicole G. Schmitt to continue Sentencing hearing to a later date (wc, Deputy Clerk) (Entered: 02/01/2002) |
| 02/05/2002 | 45 | ORDER as to Container Services, Nicole G. Schmitt granting [44-1] motion to continue Sentencing hearing to a later date reset Sentencing for 4:30 4/16/02 before Judge Alan S. Gold ( Signed by Judge Alan S. Gold on 2/5/02) [EOD Date: 2/6/02] CCAP (wc, Deputy Clerk) (Entered: 02/06/2002) |
| 04/15/2002 | 46 | MOTION by USA as to Container Services, Nicole G. Schmitt for order of restitution (hd, Deputy Clerk) (Entered: 04/16/2002) |
| 04/16/2002 | 47 | Minutes of Sentencing hearing held on 4/16/02 before Judge Alan S. Gold as to Container Services ; Court Reporter Name or Tape #: Joseph Millikan (wc, Deputy Clerk) (Entered: 04/17/2002) |
| 04/16/2002 | 49 | ORDER Of Restitution for the total amount of $675,000.00 as to Container Services, Nicole G. Schmitt ( Signed by Judge Alan S. Gold on 4/16/02) [EOD Date: 4/22/02] CCAP (hd, Deputy Clerk) (Entered: 04/22/2002) |
| 04/16/2002 | Sentencing held before Judge Alan S. Gold Container Services (1) count(s) 1 (hd, Deputy Clerk) (Entered: 04/25/2002) | |
| 04/24/2002 | 50 | JUDGMENT as to Container Services (1) count(s) 1. Probation for 2 years. Assessment of $400.00. Fine of $10,000.00. Restitution of $675,000.00; the restitution order, consisting of five pages, filed with the Clerk of Court on 4/16/02, a copy attached hereto, is hereby incorporated and made part of this judgment. Counts 2-6 are Dismissed. ( Signed by Judge Alan S. Gold on 4/24/02) [EOD Date: 4/25/02] CCAP (hd, Deputy Clerk) (Entered: 04/25/2002) |
| 05/07/2002 | 52 | Judgment Returned Executed as to Container Services - no further action required by US Marshals Service (hd, Deputy Clerk) (Entered: 05/07/2002) |