District of Vermont (Brattleboro)
CRIMINAL DOCKET FOR CASE #: 1:00-cr-00090-jgm-1

Case title: USA v. Creative Bldg Matl

Date Filed: 09/21/2000
Date Terminated: 01/29/2001

Assigned to: Senior Judge J. Garvan Murtha

Defendant (1)
Creative Building Materials, Inc.
TERMINATED: 01/29/2001
represented byPaul S. Volk , Esq.
Blodgett, Watts & Volk, P.C.
72 Hungerford Terrace
P.O. Box 8
Burlington, VT 05402-0008
(802) 862-8919
Fax: (802) 862-8997
Email: office@bwvlaw.com
TERMINATED: 01/29/2001
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Peter J. DeTroy
Norman, Hanson & DeTroy
415 Congress Street
PO Box 4600
Portland, ME 04112-4600
207-774-7000
TERMINATED: 01/29/2001
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:1344A.F BANK FRAUD - schemed to defaud Chittenden Bank by falsely inflating accounts receivables and their inventory
(1)
5 years Probation. Special Conditions: Deft shall pay restitution in the amount of $850,000 to the Chittenden Bank. $525,000 of the principal sum is to be paid in accordance with the terms of the Settlement Agreement executed on 4/30/1998. The remaining $325,000 principal balance, and any interest due at the statutory rate prescribed by 18:3612(f), is due in monthly installments of $9,341.26, said payments to begin in Jan 2004 or one month after final payment in made under th e 4/30/1998 Settlement Agreement. Deft to permit the probation officer access to any requested financial info. Special Assessment: $400.00 payable immediately.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
United States of America
TERMINATED: 01/29/2001
represented byGregory L. Waples , AUSA
United States Attorney's Office
District of Vermont
P.O. Box 570
Burlington, VT 05402-0570
(802) 951-6725
Email: gregory.waples@usdoj.gov
TERMINATED: 01/29/2001
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
09/21/20001INFORMATION by USA Creative Bldg Matl (1) count(s) 1; Cy to counsel, USPO (law) (Entered: 09/21/2000)
09/21/20002PLEA AGREEMENT as to Creative Bldg Matl (law) (Entered: 09/21/2000)
09/21/2000  LETTER AND LOCAL RULES SENT to attorney Peter DeTroy for defendant Creative Bldg Matl re: compliance with LR 83.2 within 15 days (law) (Entered: 09/21/2000)
09/21/2000  File sent to Brattleboro as to defendant Creative Bldg Matl (law) (Entered: 09/21/2000)
09/21/2000   SA PAYMENT by Creative Bldg Matl in the amount of $ 400.00 RECEIPT # 15219 (pjd) (Entered: 09/21/2000)
09/21/20003NOTICE OF HEARING ; arraignment set for 10:30 9/29/00 for Creative Bldg Matl ; change of plea hearing set for 10:30 9/29/00 for Creative Bldg Matl Cy to affected parties, USPO (cab) (Entered: 09/22/2000)
09/28/20004NOTICE OF APPEARANCE for Creative Bldg Matl by Attorney Paul S. Volk as local counsel (pls) (Entered: 09/28/2000)
09/28/20005MOTION for attorney Peter J. DeTroy to appear pro hac vice by Creative Bldg Matl (pls) (Entered: 09/28/2000)
09/28/20006AFFIDAVIT of Peter J. DeTroy by defendant Creative Bldg Matl re: [5-1] motion for attorney Peter J. DeTroy to appear pro hac vice (pls) (Entered: 09/28/2000)
09/28/2000  ENDORSED ORDER granting [5-1] motion for attorney Peter J. DeTroy to appear pro hac vice ( Chief Judge J. G. Murtha )Cy to parties (cab) (Entered: 09/28/2000)
09/29/20007DOCUMENTS PERTAINING TO THE PLEA by Creative Bldg Matl (cab) (Entered: 09/29/2000)
09/29/2000  MINUTES: In Court before Chief Judge J. G. Murtha (Ct Rptr: Anne Coughlin). G. Waples, AUSA, for the Govt. P. DeTroy, Esq., for Deft CREATIVE BUILDING MATERIALS for PLEA TO THE INFORMATION. Donald Buteau, present of the Corporation, sworn by the Clerk, was examined by the Court. Waiver of Indictment filed. Statements made by Mr. Waples (facts of the case) and Mr. DeTroy. Mr. Buteau waived reading of the Information, was arraigned and enter a plea of GUILTY as to ct 1 of the Information on behalf deft Creative Building Materials. ORDERED: Plea is accepted. USPO to prepare PSI. Preliminary sentencing date of 1/22/01. arraignment held on 9/29/00 change of plea hearing held on 9/29/00 , initial appearance of Creative Bldg Matl , dft Creative Bldg Matl arraigned; GUILTY ct 1 (Information) plea entered (cab) (Entered: 09/29/2000)
09/29/20008WAIVER OF INDICTMENT by Creative Bldg Matl (cab) (Entered: 09/29/2000)
09/29/20009PROCEDURAL ORDER by Chief Judge J. G. Murtha as to defendant Creative Bldg Matl Cy to parties (cab) (Entered: 09/29/2000)
01/16/200110SCHEDULING ORDER by Chief Judge J. G. Murtha sentencing set for 10:00 1/29/01 for Creative Bldg Matl (Cy to affected parties) (cab) (Entered: 01/16/2001)
01/16/200111NOTICE OF HEARING ; sentencing hearing set for 10:00 1/29/01 Rutland for Creative Bldg Matl Cy to affected parties, USPO (cab) (Entered: 01/16/2001)
01/24/200112STATEMENT RE: PSR by defendant Creative Bldg Matl (Donald Buteau, President) that the presentence report has been read, reviewed and is understood (cab) (Entered: 01/24/2001)
01/29/2001  MINUTES: before Chief Judge J. G. Murtha (Ct Rptr: A. Coughlin) G. Waples, AUSA for Govt. P. DeTroy, Esq. for Deft Creative Bldg Matl sentencing hearing held on 1/29/01 , ORDERED: sentencing Creative Bldg Matl (1) count(s) 1. 5 years Probation. Special Conditions: Deft shall pay restitution the amount of $850,000 to the Chittenden Bank. $525,000 of the principal sum is to be paid in accordance with the Settlement Agreement executed on 4/30/1998. The remaining $325,000 principal balance, and any interest due at the statutory rate prescribed by 18:3612(f), is due in monthly installments of $9,341.26, said payments to begin Jan 2004 or one month after final payment in made under the 4/30/1998 Settlement Agreement. Deft to permit the probation officer access to any requested financial info. Special Assessment: $400.00 payable immediately. , Deft advised of Appeal terminating party Creative Bldg Matl (wjf) Modified on 01/30/2001 (Entered: 01/29/2001)
01/29/200113JUDGMENT AND COMMITMENT as to Creative Bldg Matl case terminated by Chief Judge J. G. Murtha (cc: all counsel) (wjf) (Entered: 01/29/2001)
01/29/200114STATEMENT OF REASONS FOR IMPOSING SENTENCE by Chief Judge J. G. Murtha as to Creative Bldg Matl Cy to affected parties and USPO (wjf) (Entered: 01/29/2001)
01/29/200115 PRESENTENCE REPORT on Creative Bldg Matl (SEALED) (wjf) (Entered: 01/29/2001)
01/29/2001  File sent to Burlington as to defendant Creative Bldg Matl (wjf) (Entered: 01/29/2001)
03/02/200116NOTICE OF LIEN for Fine and/or Restitution Imposed as to dft Creative Bldg Matl by USA ; Certified cy to US Atty (law) (Entered: 03/02/2001)
03/28/200617CERTIFICATE OF RELEASE OF LIEN by United States of America as to Creative Building Materials, Inc. (law) (Entered: 03/28/2006)
03/28/200618SATISFACTION OF JUDGMENT filed by United States of America as to Creative Building Materials, Inc.. (law) (Entered: 03/28/2006)