VICWIT

U.S. District Court
Western District of North Carolina (Charlotte)
CRIMINAL DOCKET FOR CASE #: 3:07-cr-00098-FDW-1


Case title: USA v. Ecosolve, LLC et al
Date Filed: 04/25/2007
Date Terminated: 08/25/2008
Assigned to: District Judge Frank D. Whitney

Defendant (1)
Ecosolve, LLC
TERMINATED: 08/25/2008 		represented byPeter Crane Anderson
Anderson Terpening, PLLC
409 East Blvd.
Charlotte, NC 28203
704.372.7370
Fax: 704.372.7411
Email: pa@houseofdefense.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
Disposition
ENFORCEMENT - CRIMINAL PENALTIES
(7-10)		 3 yrs Probation each count to run concurrently; $1,600 Assessment; $160,000 Fine

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)		 Dismissed
FRAUDS AND SWINDLES AND DID AID & ABET EACH OTHER
(2-4)		 Dismissed
FRAUDS AND SWINDLES AND DID AID AND ABET EACH OTHER
(5)		 Dismissed
FRAUD BY WIRE, RADIO, OR TELEVISION AND DID AID & ABET EACH OTHER
(6)		 Dismissed

Highest Offense Level (Terminated)
Felony

Complaints
Disposition
None

Plaintiff
USA represented bySteven R. Kaufman
United States Attorneys Office
227 West Trade Street, Suite 1700
Charlotte, NC 28202
704-338-3117
Fax: 704-227-0254
Email: Steven.Kaufman@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
04/25/20071 INDICTMENT as to Ecosolve, LLC (1) count(s) 1, 2-4, 5, 6, 7-10, Ralph Riley Rogers (2) count(s) 1, 2-4, 5, 6, 7-10, Thomas Edwin Forebush (3) count(s) 1, 2-4, 5, 6, 7-10. (mga) (Entered: 04/26/2007)
04/26/20072 Summons Issued in case as to Ecosolve, LLC Initial Appearance set for 5/31/2007 09:30 AM in Charlotte Magistrate Courtroom before David Keesler. (mga) (Entered: 04/26/2007)
05/31/2007  Attorney update in case as to Ecosolve, LLC, Ralph Riley Rogers. Attorney Peter Crane Anderson for Ecosolve, LLC and Ralph Riley Rogers added. (mga) (Entered: 05/31/2007)
05/31/2007  Minute Entry for proceedings held before Judge David Keesler :Initial Appearance as to Ecosolve, LLC, Ralph Riley Rogers held on 5/31/2007 Government attorney: Melissa Rikard.Defendant attorney: Peter Anderson. (Court Reporter FTR.) (mga) (Entered: 05/31/2007)
05/31/2007  Minute Entry for proceedings held before Judge David Keesler :Arraignment as to Ecosolve, LLC (1) Count 1,2-4,5,6,7-10 held on 5/31/2007 Government attorney: Melissa Rikard.Defendant attorney: Peter Anderson. (Court Reporter FTR.) (mga) (Entered: 05/31/2007)
06/11/200710 SCHEDULING ORDER as to Ecosolve, LLC Docket Call set for 7/9/2007 09:00 AM in Courtroom #1, 401 W. Trade St., Charlotte, NC 28202 before Frank D. Whitney.. Signed by Judge David Keesler on 6/11/07. (mga) (Entered: 06/11/2007)
06/11/200711 Standard Discovery Order in case as to Ecosolve, LLC.. Signed by Judge David Keesler on 6/11/07. (mga) (Entered: 06/11/2007)
06/28/200717 TRANSCRIPT of Proceedings as to Ecosolve, LLC, Ralph Riley Rogers held on 5/31/07 before Judge Keesler. Court Reporter: Nuccio. (Nuccio, Cheryl) (Entered: 06/28/2007)
07/03/200718  MOTION to Continue Docket Call/Trial by USA as to Ecosolve, LLC, Ralph Riley Rogers, Thomas Edwin Forebush. (Kaufman, Steven) (Entered: 07/03/2007)
07/03/2007  NOTICE of ECF Filing Error re: 18 MOTION to Continue Docket Call/Trial filed by USA Pursuant to Administrative Procedure II.C.2. the signature block should include an s/Attorney Name followed by the Attorneys complete Name, Bar Number, Address and E-mail Address. NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY. (jhg) (Entered: 07/05/2007)
07/05/200719 ORDER granting 18 Motion to Continue Docket Call/Trial as to Ecosolve, LLC (1), Ralph Riley Rogers (2), Thomas Edwin Forebush (3)Parties to file joint motion by 8/31/07 proposing peremptory setting dates. Signed by Judge Frank D. Whitney on 7/5/07. (com) (Entered: 07/05/2007)
08/31/200727 Joint MOTION to Continue Docket Call/Trial to Peremptory Setting by USA as to Ecosolve, LLC, Ralph Riley Rogers, Thomas Edwin Forebush. (Kaufman, Steven) (Entered: 08/31/2007)
09/04/2007  ORAL ORDER granting 27 Motion to Continue Docket Call/Trial as to Ecosolve, LLC (1), Ralph Riley Rogers (2), Thomas Edwin Forebush (3); granting 26 Motion to Continue Docket Call/Trial as to Thomas Edwin Forebush (3)Docket Call set for 1/7/2008 09:00 AM in Courtroom #1, 401 W. Trade St., Charlotte, NC 28202 before Frank D. Whitney.. Signed by Judge Frank D. Whitney on 9/4/07. (clc) (Entered: 09/10/2007)
11/14/200735 PLEA AGREEMENT as to Ecosolve, LLC (com) (Entered: 11/15/2007)
11/14/200736 Factual Resume by Ecosolve, LLC (com) (Entered: 11/15/2007)
11/16/2007  NOTICE OF HEARING as to Ecosolve, LLC: Plea Agreement Hearing set for 11/21/2007 09:30 AM in Charlotte Magistrate Courtroom before Magistrate Judge Carl Horn III. This is your only notice - you will not receive a separate document.(mga) (Entered: 11/16/2007)
11/21/2007  Minute Entry: Plea entered on 11/21/2007 by Ecosolve, LLC (1) Guilty Count 7-10. for proceedings held before Judge Carl Horn III. Court addressed potential conflicts with Ralph Rogers before Plea Hearing commenced.Government attorney: Steve Kaufman. Defendant attorney: William Terpening. (Court Reporter FTR) (mga) (Entered: 11/21/2007)
11/21/200737 ACCEPTANCE and entry of Guilty Plea as to Ecosolve, LLC signed by Carl Horn III. (mga) (Entered: 11/21/2007)
11/21/200738 ADDENDUM by USA as to Ecosolve, LLC re: 35 Plea Agreement fld during plea & rule 11 inquiry. (mga) (Entered: 11/21/2007)
04/22/200850 PRESENTENCE INVESTIGATION REPORT (Draft Report) (SEALED - government and defense counsel) as to Ecosolve, LLC. Objections to PSI due 5-9-08. (available to Ecosolve, LLC, USA) (Beam, Karen) (Entered: 04/22/2008)
05/12/200852 OBJECTION TO PRESENTENCE INVESTIGATION REPORT (Sealed - Attorney) by EcoSolve, LLC; (available to: Ecosolve, LLC, USA) (Attachments: # 1 Exhibit 1)(Anderson, Peter) (Entered: 05/12/2008)
05/16/200855 PRESENTENCE INVESTIGATION REPORT (Final Report) (SEALED - government and defense counsel) as to Ecosolve, LLC. (available to Ecosolve, LLC, USA) Schedule for Sentence on or after 6/2/2008 (Beam, Karen) (Entered: 05/16/2008)
05/16/200856 PRESENTENCE INVESTIGATION REPORT (Recommendation) (SEALED - Court) as to Ecosolve, LLC (Beam, Karen) (Entered: 05/16/2008)
07/18/2008  NOTICE OF HEARING as to Ecosolve, LLC: Sentencing set for 8/25/2008 09:00 AM in Courtroom 1, 401 W Trade, Charlotte, NC 28202 before District Judge Frank D. Whitney. This is your only notice - you will not receive a separate document.(clc) (Entered: 07/18/2008)
07/29/200864 MEMORANDUM Regarding Fines for Sentencing by USA as to Ecosolve, LLC, Ralph Riley Rogers, Thomas Edwin Forebush (Attachments: # 1 Appendix, # 2 Appendix)(Kaufman, Steven) (Entered: 07/29/2008)
08/13/200866 SEALED SENTENCING MEMORANDUM (Sealed - Attorney) by EcoSolve LLC; (available to: USA) (Attachments: # 1 Exhibit 1--Public Apology Letter)(Anderson, Peter) (Entered: 08/13/2008)
08/25/2008  ORAL MOTION to Dismiss Counts 1 - 6 by USA as to Ecosolve, LLC. Responses due by 9/8/2008. (clc) (Entered: 08/29/2008)
08/25/2008  ORAL ORDER granting [] Motion to Dismiss Counts 1 - 6 as to Ecosolve, LLC (1) Signed by District Judge Frank D. Whitney on 8/25/08. (clc) (Entered: 08/29/2008)
08/25/2008  Minute Entry: SENTENCING as to Ecosolve, LLC held before District Judge Frank D. Whitney. Factual Basis Found. Government attorney: Steve Kaufman. Defendant attorney: Sarah Wallace & Peter Anderson. Court Reporter Shannon Coangelo (Huseby). (clc) (Entered: 08/29/2008)
09/05/200874 JUDGMENT as to Ecosolve, LLC (1), Count(s) 1, 2-4, 5, 6, Dismissed; Count(s) 7-10, 3 yrs Probation each count to run concurrently; $1,600 Assessment; $160,000 Fine. Signed by District Judge Frank D. Whitney on 9/4/08. (clc) (Entered: 09/05/2008)
09/05/200875 STATEMENT OF REASONS (Sealed - Attorney) re: 74 Judgment (available to: Ecosolve, LLC, USA). Signed by District Judge Frank D. Whitney on 9/4/08. (clc) (Entered: 09/05/2008)
07/19/201196 Order modifying conditions/term of Supervision in case as to Ecosolve, LLC. Signed by District Judge Max O. Cogburn, Jr on 7/19/2011. (tmg) (Entered: 07/19/2011)