Southern District of Ohio (Dayton)
CRIMINAL DOCKET FOR CASE #: 3:03-cr-00113-WHR-1

Case title: USA v. Emery Worldwide Airlines Inc

Date Filed: 09/17/2003
Date Terminated: 12/24/2003

Assigned to: Judge Walter H Rice

Defendant (1)
Emery Worldwide Airlines Inc
TERMINATED: 12/30/2003
represented byRoger John Makley
Coolidge Wall Womsley & Lombard - 3
33 W First Street
Suite 600
Dayton, OH 45402
937-223-8177
Email: makley@coollaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Thomas Allen Knoth
Thompson Hine - 3
10 W Second Street
Dayton, OH 45402-1758
937-443-6777
Fax: 937-443-6830
Email: Tom.Knoth@thompsonhine.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

David M Meezan
Alston & Bird LLP
One Alantic Center
1201 West Peachtree Street
Atlanta, GA 30309
404-881-4346
Fax: 404-881-7777
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
49 USC 5124 UNLAWFUL TRANSPORTATION OF HAZARDOUS MATERIAL AND AIDING AND ABETTING
(1-12)
Sentenced to 3 Yrs probation on Counts 1-12; Fined $500,000 on EACH Count for a total of $6,000,000; S/A $400 on EACH Count 1-12 for a total of $4,800; Special Assessment to be paid immediately; Dft's right of appeal explained and understood

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byJ. Richard Chema
U. S. Attorney - Southern District of Ohio
221 East Fourth St.
Suite 400
Cincinnati, OH 45202
513 - 684 - 3117
Fax: 513 - 684 - 2047
Email: Richard.Chema@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Jennifer A. Whitfield
U.S. Dept. of Justice
Environmental Division
P.O. Box 23985
Washington, DC 20026
202-305-0348
Fax: 202-305-0397
Email: jennifer.whitfield@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
09/17/20031INFORMATION as to Emery Worldwide Airlines Inc (1) count(s) 1-12. (sc1, ) (Entered: 09/23/2003)
09/17/20032 SEALED MOTION To Seal Bill of Informationby USA as to Emery Worldwide Airlines Inc. (sc1, ) (Entered: 09/23/2003)
09/17/20033ORDER granting 2 Sealed Motion as to Emery Worldwide Airlines Inc (1). Signed by Judge Walter H Rice on 9/17/03. (sc1, ) (Entered: 09/23/2003)
09/23/20034 MOTION (FILED UNDER SEAL) for Leave to Appear Pro Hac Vice Attorney: Douglas A Fellman. by Emery Worldwide Airlines Inc (Fees Paid). (Attachments: # 1 Affidavit Declaration of Douglas Fellman)(sc1, ) (Entered: 09/24/2003)
09/30/20035PLEA AGREEMENT as to Emery Worldwide Airlines Inc executed by all parties (re1, ) (Entered: 10/03/2003)
09/30/20036 MOTION to Unseal Case by USA as to Emery Worldwide Airlines Inc. (sc1, ) (Entered: 10/06/2003)
09/30/20037ORDER granting 6 Motion to Unseal Case as to Emery Worldwide Airlines Inc (1). Signed by Judge Walter H Rice on 9/30/03. (sc1, ) (Entered: 10/06/2003)
10/03/20038Minute Entry for proceedings held before Judge Walter H Rice :Arraignment as to Emery Worldwide Airlines Inc (1) Count 1-12 held on 9/30/2003, Initial Appearance as to Emery Worldwide Airlines Inc held on 9/30/2003; Dft appeared with counsel; Corporate Rep George Kopp present and sworn; Waived right to indictment, reading of Information and defects of service; Plea agreement read into record, accepted by Court and made a permanent part of the record; Plea entered by Emery Worldwide Airlines Inc (1) Count 1-12; Emery Worldwide Airlines Inc (1) Guilty Count 1-12; Plea accepted and made a permanent part of the record; Dft referred to Prob Dept for PSI. Sentencing set for 12/19/2003 01:30 PM in Courtroom 1 before Walter H Rice. (Court Reporter Debra Futrell.) (sc, ) (Entered: 10/06/2003)
10/06/2003  NOTATION ORDER sustaining 4 Motion for Douglas A Fellman to Appear Pro Hac Vice as to Emery Worldwide Airlines Inc (1). Signed by Judge Walter H Rice on 10/6/03. (sc, ) (Entered: 10/10/2003)
12/24/20039Minute Entry for proceedings held before Judge Walter H Rice :Sentencing held on 12/24/2003 for Emery Worldwide Airlines Inc (1), Count(s) 1-12, Sentenced to 3 Yrs probation on Counts 1-12; Fined $500,000 on EACH Count for a total of $6,000,000; S/A $400 on EACH Count 1-12 for a total of $4,800; Special Assessment to be paid immediately; Dft's right of appeal explained and understood. (Court Reporter Debra Futrell.) (sc1, ) (Entered: 12/29/2003)
12/30/200310JUDGMENT as to Emery Worldwide Airlines Inc (1), Count(s) 1-12, Sentenced to 3 Yrs probation on Counts 1-12; Fined $500,000 on EACH Count for a total of $6,000,000; S/A $400 on EACH Count 1-12 for a total of $4,800; Special Assessment to be paid immediately; Dft's right of appeal explained and understood . Signed by Judge Walter H Rice on 12/30/03. (sc1, ) (Entered: 12/30/2003)
01/12/200411FINANCIAL ENTRY - A wire transfer of $6,000,000.00 direct to the Court's General Fund at Bank One, Dayton OH received 1/9/04 from Dft Emery Worldwide Airlines Inc per 10 Judgment. (sc1, ) (Entered: 01/13/2004)
03/03/200412Notice of Satisfaction of Judgment of Criminal Imposition by Emery Worldwide Airlines Inc (Sanders, Deborah) (Entered: 03/03/2004)
11/21/200613NOTICE OF ATTORNEY APPEARANCE: Thomas Allen Knoth appearing for Emery Worldwide Airlines Inc (Knoth, Thomas) (Entered: 11/21/2006)
11/21/200614 MOTION for Leave to Appear Pro Hac Vice Attorney: David M. Meezan. by Emery Worldwide Airlines Inc. (Attachments: # 1 Exhibit 1)(Knoth, Thomas) (Entered: 11/21/2006)
11/21/200615Unopposed MOTION for Early Termination of Probation by Emery Worldwide Airlines Inc. (Attachments: # 3 Text of Proposed Order)(Knoth, Thomas) (Entered: 11/21/2006)
12/14/200616ORDER GRANTING EARLY TERMINATION OF PROBATION 15 as to Emery Worldwide Airlines Inc (1). Signed by Judge Walter H Rice on 12/14/2006. (sc1, ) (Entered: 12/15/2006)
02/20/2008  NOTATION ORDER finding as moot 14 Motion for Leave to Appear as to Emery Worldwide Airlines Inc (1)- Case has been terminated. Signed by Walter H Rice on 2/19/08. (mkb1, ) (Entered: 02/20/2008)