CLOSED

U.S. District Court
Southern District of New York (Foley Square)
CRIMINAL DOCKET FOR CASE #: 1:02-cr-00461-TPG-1


Case title: USA v. Davitt Felder, Inc., et al
Date Filed: 04/16/2002
Date Terminated: 10/02/2002
Assigned to: Judge Thomas P. Griesa

Defendant (1)
Davitt Felder, Inc.
TERMINATED: 10/02/2002 		represented byGary J. Malone
Constantine & Partners
477 Madison Avenue
New York, NY 10022
(212) 350-2700
LEAD ATTORNEY
Designation: Retained

Pending Counts
Disposition
15:1963.F VIOLATIONS AFFECTING INTERSTATE COMMERCE (Sherman Act Conspiracy) Title 15 U.S.C., Sec. 1
(1-2)		 Probation: 3 years. Fine: $56,896.00.

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
None

Highest Offense Level (Terminated)
None

Complaints
Disposition
None

Plaintiff
USA

Date Filed #Docket Text
04/16/2002  CASE Assigned to Judge Thomas P. Griesa (jm) (Entered: 04/22/2002)
04/16/20021 NOTICE OF INTENT to File An Information by USA as to Davitt Felder, Inc., Davitt Felder. (ja) (Entered: 04/25/2002)
04/16/20022 WAIVER OF INDICTMENT by Davitt Felder, Inc. (ja) (Entered: 04/25/2002)
04/16/20024 INFORMATION - Felony as to Davitt Felder, Inc. (1) count(s) 1-2, Davitt Felder (2) count(s) 1-2. (ja) (Entered: 04/25/2002)
04/16/2002  First Appearance as to Davitt Felder, Inc., Davitt Felder held Arraignment set for 4/16/02 for Davitt Felder, Inc., for Davitt Felder, before Judge Thomas P. Griesa. (ja) (Entered: 04/25/2002)
04/16/2002  Arraignment as to Davitt Felder, Inc., Davitt Felder held, Davitt Felder, Inc. (1) count(s) 1-2, Davitt Felder (2) count(s) 1-2 before Judge Thomas P. Griesa. Atty Gary Malone pres for Davitt Felder, Inc., dft Davitt Felder pres w/atty Kenneth Wirfel, gov't by Charles Reilly, Anti-Trust Division. Dfts waive prosecution by Indictment and consent to proceed by Information. Dfts are arraigned on this instrument and plead GUILTY as charged. Pre-sentence investigations ordered. Sentence date set for 9/11/02 @ 9:30 a.m. Dft D. Felder's oral application to remain R.O.R. is granted in open court Dft D. Felder cont'd ROR. (ja) (Entered: 04/25/2002)
04/16/2002  PLEA entered by Davitt Felder, Inc., Davitt Felder. Court accepts plea. Guilty: Davitt Felder, Inc. (1) count(s) 1-2, Davitt Felder (2) count(s) 1-2 . (ja) (Entered: 04/25/2002)
04/16/2002  Court Orders pre-sentence investigation as to Davitt Felder, Inc., Davitt Felder. (ja) (Entered: 04/25/2002)
04/16/2002  Sentencing set for 9:30 9/11/02 for Davitt Felder, Inc., for Davitt Felder, Davitt Felder, Inc. (1) count(s) 1-2, Davitt Felder (2) count(s) 1-2. (ja) (Entered: 04/25/2002)
06/06/20025 TRANSCRIPT of record of proceedings as to Davitt Felder, Inc., Davitt Felder for dates of 4/16/02, before Judge Thomas P. Griesa. (ja) (Entered: 06/07/2002)
08/05/20026 Filed Memo-Endorsement on letter: by Davitt Felder, Inc., Davitt Felder as to Davitt Felder, Inc., Davitt Felder, from defense attorney Kenneth I. Wirfel, Esq., Dated July 23, 2002, addressed to: Judge Griesa, requesting an adjournment of the September 11, 2002 sentencing to a date in early October 2, 2002....APPROVED. Deputy Clerk to reschedule. (Signed by Judge Thomas P. Griesa, on7/29/02); Copies mailed. (jb) (Entered: 08/05/2002)
10/02/2002  Sentencing held Davitt Felder, Inc. (1) count(s) 1-2. (ja) (Entered: 10/07/2002)
10/02/20028 FILED JUDGMENT IN A CRIMINAL CASE (For Offenses Committed On or After November 1, 1987). The defendant Davitt Felder, Inc. (1) pleaded guilty to count(s) 1-2. The defendant is sentenced as provided in pages 2 through 4 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984. Probation: 3 years. Each of counts 1 and 2 to be served concurrently. Fine: $56,896.00. The drug testing condition is suspended based on the court's determination that the defendant poses a low risk of future substance abuse. The defendant shall not possess a firearm as defined in 18 U.S.C., Sec. 921. Assessment: $800.00. Restitution: $187,500.00. Special Instructions regarding the payment of criminal monetary penalties: FINE: The imposed fine of $56,896 shall be paid in installments as set forth below pursuant to 18 USC 3572(d)(1) and USSG 8C3.2(b). Payment of $15,000 will be made within 15 days of sentencing, another $15,000 payment will be made within 12 months of sentencing, and the remaining $26,896 payment will be made within 24 months of sentencing. Payments not made within 15 days of sentencing shall accrue interest pursuant to 18 USC 3612(f)(1)-(2). RESTITUTION: The imposed restitution of $187,500 shall be joint and several with Davitt A. Felder, Jr. The obligation of restitution has been satisfied. Judgment and Commitment to U.S. Marshal ( Signed by Judge Thomas P. Griesa ). Docketed as a judgment #02, 2013 on 10/9/02. (ja) Modified on 10/11/2002 (Entered: 10/07/2002)
10/18/2002  Payment of Fine by Davitt Felder, Inc. in the amount of $800s/a-$15000rest: Date Received: 10/18/02. (gm) (Entered: 10/18/2002)
12/05/20029 TRANSCRIPT of record of proceedings as to Davitt Felder, Inc., Davitt Felder for dates of 10/2/02, before Judge Thomas P. Griesa. (ja) (Entered: 12/05/2002)
11/01/2004  Payment of Fine from Davitt Felder, Inc. in the amount of $28,088.13. Date Received: 11/1/04. (mn, ) (Entered: 11/01/2004)
11/15/200412 SATISFACTION OF JUDGMENT as to Davitt Felder, Inc. re 8 Judgment in the amount of $245,196.00. Judgment satisfied on 11/15/04. (ja, ) (Entered: 11/19/2004)