CLOSED

U.S. District Court
Southern District of Florida (Miami)
CRIMINAL DOCKET FOR CASE #: 1:01-cr-00713-ASG-1


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 byLeonard 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 byEloisa 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
08/02/20011INDICTMENT 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)
08/02/20016ORDER 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)
08/07/20019MOTION 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)
08/09/200110TRANSCRIPT 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)
08/15/200111NOTICE 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)
08/15/200113ARRAIGNMENT 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)
08/15/200114STANDING 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)
08/15/200115MOTION by USA as to Container Services, Nicole G. Schmitt for inquiry into potential conflict of interest (sn, Deputy Clerk) (Entered: 08/16/2001)
08/21/200116ORDER 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)
08/24/200117SCHEDULING 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)
08/24/200117ORDER 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)
08/27/200118RESPONSE by Container Services, Nicole G. Schmitt to [15-1] motion for inquiry into potential conflict of interest (wc, Deputy Clerk) (Entered: 08/28/2001)
08/28/200119ORDER 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)
08/28/200120ORDER 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)
08/29/200121RESPONSE to Standing Discovery Order by USA as to Container Services, Nicole G. Schmitt (wc, Deputy Clerk) (Entered: 08/30/2001)
08/30/200122ORDER 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)
09/06/200123MOTION by Container Services, Nicole G. Schmitt to continue /reschedule first trial setting (sk, Deputy Clerk) (Entered: 09/07/2001)
09/07/200124WAIVER 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)
09/07/200126Minutes 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)
09/07/200127Minutes 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)
09/14/200128NOTICE of filing attached corporate resolution by Container Services, Nicole G. Schmitt (hd, Deputy Clerk) (Entered: 09/17/2001)
09/17/200129OMNIBUS 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)
10/18/200130NOTICE 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)
11/07/200131Minutes 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)
12/05/200132REQUEST 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)
12/12/200133RESPONSE 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)
12/20/200134ORDER 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)
12/20/200135NOTICE 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)
12/21/200136Minutes 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)
01/04/200239Minutes 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)
01/04/200240Plea Agreement as to Container Services (wc, Deputy Clerk) (Entered: 01/07/2002)
01/07/200241ORDER 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)
01/31/200244UNOPPOSED MOTION by Container Services, Nicole G. Schmitt to continue Sentencing hearing to a later date (wc, Deputy Clerk) (Entered: 02/01/2002)
02/05/200245ORDER 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)
04/15/200246MOTION by USA as to Container Services, Nicole G. Schmitt for order of restitution (hd, Deputy Clerk) (Entered: 04/16/2002)
04/16/200247Minutes 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)
04/16/200249ORDER 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)
04/24/200250JUDGMENT 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)
05/07/200252Judgment Returned Executed as to Container Services - no further action required by US Marshals Service (hd, Deputy Clerk) (Entered: 05/07/2002)