CLOSED

United States District Court
District of Nevada (Las Vegas)
CRIMINAL DOCKET FOR CASE #: 2:12-cr-00393-MMD-PAL All Defendants


Case title: USA v. DPL Enterprises, Inc. et al

Date Filed: 10/19/2012
Date Terminated: 04/10/2013

Assigned to: Judge Miranda M. Du
Referred to: Magistrate Judge Peggy A. Leen

Defendant (1)
DPL Enterprises, Inc.
TERMINATED: 04/10/2013
doing business as
Air Care Indoor Air Quality Specialists
TERMINATED: 04/10/2013
also known as
Air Care
TERMINATED: 04/10/2013
represented byF. Christopher Austin
Kolesar and Leatham
400 South Rampart Blvd., Ste. 400
Las Vegas, NV 89145
(702) 362-7800
Fax: (702) 362-9472
Email: caustin@klnevada.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
7:136j(a)(1)(E) - Pesticide Control Offenses
(1-2)
Sentenced 4/8/2013
18:1001 - Material False Statements
(3)
Sentenced 4/8/2013

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Judge Miranda M. Du
Referred to: Magistrate Judge Peggy A. Leen

Defendant (2)
Richard Papaleo
TERMINATED: 04/10/2013
represented byF. Christopher Austin
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
7:136j(a)(1)(E) - Pesticide Control Offenses
(1-2)
Sentenced 4/8/2013
18:1001 - Material False Statements
(3)
Sentenced 4/8/2013

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Judge Miranda M. Du
Referred to: Magistrate Judge Peggy A. Leen

Defendant (3)
Michael Stanovich
TERMINATED: 04/10/2013
represented byMichael Ryan Pandullo
700 South Third Street
Las Vegas, NV 89101
(702) 580-4936
Fax: 702-405-0826
Email: michael.pandullo@gmail.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
7:136j(a)(1)(E) - Pesticide Control Offenses
(1-2)
Sentenced 4/8/2013

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byKathryn C. Newman
U.S. Attorneys Office
333 S Las Vegas Blvd
Las Vegas, NV 89101
702-388-6583
Email: Kathryn.Newman@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
10/19/2012  Case assigned to Judge Miranda M. Du and Magistrate Judge Peggy A. Leen. (LMC) (Entered: 10/19/2012)
10/19/2012 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, as to DPL Enterprises, Inc., Richard Papaleo, Michael Stanovich on 10/19/2012. By Deputy Clerk: Peggie Vannozzi.The Court, having received a Criminal Information and Plea Agreement, IT IS ORDERED that the hearing for Waiver of Indictment, Filing of an Information, Initial Appearance and Arraignment and Plea is scheduled on 12/3/2012 at 10:00 AM IT IS FURTHER ORDERED that the defendant shall contact the Pretrial Services Office not later than 24 hours prior to this hearing date if not previously interviewed. Arraignment/Plea set for 12/3/2012 10:00 AM in LV Courtroom 4A before Judge Miranda M. Du. (Clerk's Note: Copies of NEF mailed to Michael Pandullo and F. Chris Austin.) (no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 10/19/2012)
12/03/2012 WAIVER OF INDICTMENT by DPL Enterprises, Inc.. (MMM) (Entered: 12/03/2012)
12/03/2012 WAIVER OF INDICTMENT by Richard Papaleo. (MMM) (Entered: 12/03/2012)
12/03/2012 WAIVER OF INDICTMENT by Michael Stanovich. (MMM) (Entered: 12/03/2012)
12/03/2012 INFORMATION as to DPL Enterprises, Inc. (1) Counts 1-3; Richard Papaleo (2) Counts 1-3; Michael Stanovich (3) Counts 1-2. (MMM) (Entered: 12/03/2012)
12/03/2012 AO 257 to 5 Information - Felony as to DPL Enterprises, Inc.. (MMM) (Entered: 12/03/2012)
12/03/2012 AO 257 to 5 Information - Felony as to Richard Papaleo. (MMM) (Entered: 12/03/2012)
12/03/2012 AO 257 to 5 Information - Felony as to Michael Stanovich. (MMM) (Entered: 12/03/2012)
12/03/2012 DESIGNATION of Retained Counsel by F. Christopher Austin on behalf of DPL Enterprises, Inc.. (MMM) (Entered: 12/03/2012)
12/03/201210  DESIGNATION of Retained Counsel by F. Christopher Austin on behalf of Richard Papaleo. (MMM) (Entered: 12/03/2012)
12/03/201211  DESIGNATION of Retained Counsel by Michael Ryan Pandullo on behalf of Michael Stanovich. (MMM) (Entered: 12/03/2012)
12/03/201212  PLEA MEMORANDUM as to DPL Enterprises, Inc.. (MMM) (Entered: 12/03/2012)
12/03/201213  PLEA MEMORANDUM as to Richard Papaleo. (MMM) (Entered: 12/03/2012)
12/03/201214  PLEA MEMORANDUM as to Michael Stanovich. (MMM) (Entered: 12/03/2012)
12/03/201215  PR BOND Entered as to Richard Papaleo. (MMM) (Entered: 12/03/2012)
12/03/201216  PR BOND Entered as to Michael Stanovich. (MMM) (Entered: 12/03/2012)
12/03/201217  MINUTES OF PROCEEDINGS - Arraignment & Plea as to DPL Enterprises, Inc. held on 12/3/2012 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; AUSA: Richard Udell and Kathryn Newman; Def Counsel: F. Christopher Austin; Court Reporter/FTR #: Ellen Ford; Time of Hearing: 11:01 AM - 11:50 AM; Courtroom: 4A; Defendant Corporation's Chief Operating Officer, Richard Papaleo appears as corporate representative. Defense counsel F. Christopher Austin is retained. Designation of counsel is filed in open court. Mr. Papaleo and counsel execute and file a Waiver of Indictment. The Information is filed. Defendant Corporation pleads GUILTY to counts 1, 2 and 3 of the information. Plea Agreement filed. Court accepts the guilty plea. This matter is referred to the probation department for investigation and report. Sentencing and disposition set for 4/8/2013 01:30 PM in LV Courtroom 4A before Judge Miranda M. Du.(no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 12/03/2012)
12/03/201218  MINUTES OF PROCEEDINGS - Arraignment & Plea as to Richard Papaleo held on 12/3/2012 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; AUSA: Richard Udell and Kathryn Newman; Def Counsel: F. Christopher Austin; PTS: Allison McCurdy; Court Reporter/FTR #: Ellen Ford; Time of Hearing: 11:01 AM - 11:50 AM; Courtroom: 4A; Defendant is present. Defense counsel F. Christopher Austin retained. Designation of retained counsel filed in open court. Defendant is released on a PR Bond with no conditions. Defendant and counsel execute and file a Waiver of Indictment. The Information is filed. Defendant pleads GUILTY to counts 1, 2, 3. Plea Agreement filed. Court accepts the guilty plea. This matter is referred to the probation department for investigation and report. Defendant is continued on present terms of release. Sentencing and disposition set for 4/8/2013 11:00 AM in LV Courtroom 4A before Judge Miranda M. Du.(no image attached) (Copies have been distributed pursuant to the NEF - PAV) Modified on 12/3/2012 (PAV). (Entered: 12/03/2012)
12/03/201219  MINUTES OF PROCEEDINGS - Arraignment & Plea as to Michael Stanovich held on 12/3/2012 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; AUSA: Richard Udell and Kathryn Newman; Def Counsel: Michael Pandullo; PTS: Allison McCurdy; Court Reporter/FTR #: Ellen Ford; Time of Hearing: 10:20 AM - 11:01 AM; Courtroom: 4A; Defendant is present. Defense counsel Michael Pandullo is retained. Designation of retained counsel filed. Defendant is released on a PR Bond with no conditions. Defendant and counsel execute and file a Waiver of Indictment. The Information is filed. Defendant pleads GUILTY to counts 1 & 2. Plea Agreement filed. Court accepts the guilty plea. This matter is referred to the probation department for investigation and report. Defendant is continued on present terms of release. Sentencing and disposition set for 4/8/2013 01:30 PM in LV Courtroom 4A before Judge Miranda M. Du.(no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 12/03/2012)
04/02/201320  MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, as to DPL Enterprises, Inc. on 4/2/2013. By Deputy Clerk: Peggie Vannozzi.Sentencing and disposition set for 4/8/2013 at 1:30 PM is advanced to 11:00 AM on the same day,in LV Courtroom 4A before Judge Miranda M. Du.(no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 04/02/2013)
04/02/201321  SENTENCING MEMORANDUM by Michael Stanovich. (Pandullo, Michael) (Entered: 04/02/2013)
04/05/201322  MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, as to Michael Stanovich on 4/5/2013. By Deputy Clerk: Peggie Vannozzi. Sentencing and disposition set for 4/8/2013 at 1:30 PM is advanced to 11:00 AM the same day in LV Courtroom 4A before Judge Miranda M. Du. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 04/05/2013)
04/05/201323  SENTENCING MEMORANDUM by USA as to DPL Enterprises, Inc.. (Attachments: # 1 Exhibit A)(Newman, Kathryn) (Entered: 04/05/2013)
04/05/201324  SENTENCING MEMORANDUM by Richard Papaleo. (Austin, F.) (Entered: 04/05/2013)
04/08/201325  MINUTES OF PROCEEDINGS - Sentencing and Disposition as to Michael Stanovich held on 4/8/2013 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; AUSA: Kathryn Newman and Richard Udell; Def Counsel: Michael Pandullo; USPO: Bridger Franzen; Court Reporter/FTR #: Kathy Eisman; Time of Hearing: 11:00 AM - 12:41 PM; Courtroom: 4A; Defendant is present. The Court takes this sentencing at the same time as co-defendants and delays the sentencing to allow the US Attorney's 5k committee to meet and issue a recommendation as to Defendant Stanovich. Ms. Newman makes the Government's 5k motion as to Defendant Stanovich. The Court grants the motion. Sentence is imposed as to count 1 and 2 of the information. Defendant is advised of right to file an appeal. Defendant is released on terms of unsupervised probation. IT IS ORDERED that bond is exonerated. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 04/08/2013)
04/08/201326  MINUTES OF PROCEEDINGS - Sentencing and Disposition as to Richard Papaleo held on 4/8/2013 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; AUSA: Kathryn Newman and Richard Udell; Def Counsel: F. Christopher Austin; USPO: Bridger Franzen; Court Reporter/FTR #: Kathy Eismann; Time of Hearing: 11:00 AM - 1:40 PM; Courtroom: 4A; Defendant is present. Michael Meyers makes a victim impact statement. The Court makes findings and adopts the variance recommended by US Probation. Sentence is imposed as to counts 1, 2, and 3 of the information. Defendant is advised of right to file an appeal. Defendant is released on terms of probation. IT IS ORDERED that bond is exonerated. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 04/08/2013)
04/08/201327  MINUTES OF PROCEEDINGS - Sentencing and Disposition as to DPL Enterprises, Inc. held on 4/8/2013 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; AUSA: Kathryn Newman and Richard Udell; Def Counsel: F. Christopher Austin; USPO: Bridger Franzen; Court Reporter/FTR #: Kathy Eismann; Time of Hearing: 11:00 AM - 1:40 PM; Courtroom: 4A; Defendant Corporation is represented by Corporate officer Richard Papaleo. Sentence is imposed upon the Corporate Defendant as to counts 1, 2, and 3 of the information. Mr. Papaleo on behalf of the Corporate Defendant is advised of right to file an appeal. The Court declines to impose restitution as to the Corporate Defendant or to Mr. Papaleo personally. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 04/08/2013)
04/08/2013   Bond Exonerated as to Richard Papaleo. (LMC) (Entered: 04/10/2013)
04/08/2013   Bond Exonerated as to Michael Stanovich. (LMC) (Entered: 04/10/2013)
04/10/201328  JUDGMENT as to Michael Stanovich (3), Counts 1-2, Sentenced 4/8/2013: 1 year unsupervised probation; $50 assessment. Signed by Judge Miranda M. Du on 4/9/13. (Copies have been distributed pursuant to the NEF - MMM) (Entered: 04/10/2013)
04/10/201329  JUDGMENT as to Richard Papaleo (2), Counts 1-3, Sentenced 4/8/2013: 2 years probation with special conditions per count, to be served concurrently; $150 assessment; $15,000 fine. Signed by Judge Miranda M. Du on 4/9/13. (Copies have been distributed pursuant to the NEF - MMM) (Entered: 04/10/2013)
04/10/201330  JUDGMENT as to DPL Enterprises, Inc. (1), Counts 1-3, Sentenced 4/8/2013: 3 years probation with special conditions per count, to be served concurrently; $650 assessment; $80,000 fine. Signed by Judge Miranda M. Du on 4/9/13. (Copies have been distributed pursuant to the NEF - MMM) (Entered: 04/10/2013)
04/16/201331  AMENDED JUDGMENT as to Richard Papaleo (2), Counts 1-3, Sentenced 4/8/2013: 2 years probation with special conditions per count, to be served concurrently; $150 assessment; $15,000 fine. Signed by Judge Miranda M. Du on 4/15/13. (Copies have been distributed pursuant to the NEF - MMM) (Entered: 04/16/2013)