CLOSED, FRC, KLH

U.S. District Court
Southern District of Illinois (East St. Louis)
CRIMINAL DOCKET FOR CASE #: 3:01-cr-30035-DRH-1


Case title: USA v. Exide Illinois, et al

Date Filed: 03/23/2001
Date Terminated: 02/27/2002

Assigned to: Chief Judge David R Herndon

Defendant (1)
Exide Illinois
a wholly owned subsidiary of the Exide Corporation, dba Exide Technologies
TERMINATED: 02/27/2002
represented byAlicia M. Hawley
Jones Day - Chicago
Generally Admitted
77 West Wacker Drive
Suite 3500
Chicago, IL 60601
312-782-3939
Email: ahawley@jonesday.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Daniel E. Reidy
Jones Day - Chicago
Generally Admitted
77 West Wacker Drive
Suite 3500
Chicago, IL 60601
312-782-3939
Email: dereidy@jonesday.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Laurence A. Urgenson
Kirkland & Ellis - Washington DC
655 15th Street, N.W.
Suite 1200
Washington, DC 20005
202-879-5000
Fax: 202-879-5200 fax
TERMINATED: 02/27/2002
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Susan K. Fitch
Kirkland & Ellis - Washington DC
655 15th Street, N.W.
Suite 1200
Washington, DC 20005
202-879-5000
Fax: 202-879-5200 fax
TERMINATED: 02/27/2002
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Thomas P. McNulty
Jones Day - Chicago
Generally Admitted
77 West Wacker Drive
Suite 3500
Chicago, IL 60601
312-782-3939
Fax: 312-782-8585
Email: tpmcnulty@jonesday.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Victor Arturo Arana
Thompson & Knight LLP - Austin
98 San Jacinto Blvd.
Suite 1900
Austin, TX 78701
512-469-6100
Fax: 512-469-6180
Email: Victor.Arana@tklaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES: conspiracy to commit wire fraud
(1)
Defendant is sentenced to probation for a term of 5 years. Defendant shall pay a special assessment in the amount of $400.00 and a fine in the amount of $27,500,00.00

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:1343 FRAUD BY WIRE, RADIO, OR TELEVISION: wire fraud
(2)
Count 2 is dismissed on the motion of the United States

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byNorman R. Smith
Assistant U.S. Attorney - Fairview Heights
9 Executive Drive
Suite 300
Fairview Heights, IL 62208
Email: Norman.Smith@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Hal Goldsmith
Assistant U.S. Attorney - St. Louis
Generally Admitted
111 South Tenth Street
20th Floor
St. Louis, MO 63102
314-539-2200
Fax: 314-539-2309
Email: Hal.Goldsmith@usdoj.gov
TERMINATED: 11/18/2005

Miriam F. Miquelon
U.S. Attorney
Generally Admitted
9 Executive Drive
Suite 300
Fairview Heights, IL 62208
618-628-3700
TERMINATED: 11/18/2005

Date Filed #Docket Text
03/23/2001WAIVER OF INDICTMENT by Exide Illinois (jmf) (Entered: 03/23/2001)
03/23/20014INFORMATION by USA Exide Illinois (1) count(s) 1, 2, Joseph C Calio (2) count(s) 1, 2, Gary Marks (3) count(s) 1, 2 (jmf) (Entered: 03/23/2001)
03/23/2001MINUTES OF PLEA TO INFORMATION as to Exide IL (pab): before Judge David R. Herndon dft Exide Illinois arraigned; Attorney Laurence A. Urgenson, Susan K. Fitch present; , , guilty plea entered by Exide Illinois as to Count 1 , Sent/disp hrg set 9:30 AM on 7/27/01 for Exide Illinois before Judge David R. Herndon in the USDC/East St. Louis, IL (cc: all counsel) Court Reporter Jennifer Robertson (jmf) Modified on 04/02/2001 (Entered: 03/23/2001)
03/23/2001APPEARANCE for defendant Exide Illinois by Attorneys Laurence Urgenson and Susan Fitch (jmf) (Entered: 03/26/2001)
03/23/20017PLEA Agreement as to Exide Illinois (jmf) Additional attachment(s) added on 1/12/2006 (trb, ). (Entered: 03/26/2001)
03/23/2001STIPULATIONS of fact as to Exide Illinois (jmf) (Entered: 03/26/2001)
03/23/2001ELEMENT OF OFFENSE by plaintiff USA (jmf) (Entered: 03/26/2001)
03/23/200111 PLEA Agreement as to Joseph C Calio III (lmc) Modified on 03/27/2001 (Entered: 03/27/2001)
04/11/2001  TRANSCRIPT of plea to information; held 3/23/01 as to defendant Exide Illinois ; 1 volume(s) Court Reporter: Jennifer Robertson (dlr) (Entered: 04/12/2001)
06/19/200120 Notice/acknowledgment as to defendant Exide Illinois concerning the presentence investigation report by plaintiff USA (cc: Probation Office) (dlr) (Entered: 06/19/2001)
06/27/200121 Notice/acknowledgment as to defendant Exide Illinois concerning the presentence investigation report by defendant Exide Illinois (cc: Probation Office) (dlr) (Entered: 07/02/2001)
06/27/200122 SENTENCING memorandum as to Exide Illinois (sealed) (dlr) Modified on 07/09/2001 (Entered: 07/02/2001)
07/03/200123 UNOPPOSED MOTION to continue sentencing hearings by USA as to defendants' Exide Illinois, Joseph C Calio III, Gary Marks (tjh) (Entered: 07/05/2001)
07/06/200124ORDER by Judge David R. Herndon granting motion to continue sentencing hearings [23-1] Sent/disp hrg to be reset by the Court for Exide Illinois, Joseph C Calio III, Gary Marks (cc: all counsel) (dlr) (Entered: 07/09/2001)
07/13/200126ORDER by Judge David R. Herndon granting motion to vacate the date within which to respond to the presentence investigation report [25-1]. A new date will be fixed by the Court after date is fixed for sentencing (cc: all counsel & probation) (dmw) (Entered: 07/16/2001)
07/23/200128ORDER by Judge David R. Herndon granting motion for additional time to file objections to the presentence investigation report [27-1] (cc: all counsel) (dlr) (Entered: 07/26/2001)
02/20/200229 NOTICE to all parties. Sent/disp hrg set for 10:30 AM on 2/27/02 for Exide Illinois before Judge David R. Herndon in the USDC/East St. Louis, IL (cc: all counsel) (pab) (Entered: 02/20/2002)
02/27/200230MINUTES OF DISPOSITION as to defendant Exide Illinois (pab) : before Judge David R. Herndon; sentencing Exide Illinois (1) count(s) 1. Defendant is sentenced to probation for a term of 5 years. Defendant shall pay a special assessment in the amount of $400.00 and a fine in the amount of $27,500,00.00 ; dismissing counts as to Exide Illinois (1) count(s) 2. Count 2 is dismissed on the motion of the United States as to Exide Illinois. Court Reporter Jennifer Robertson (myz) (Entered: 02/28/2002)
02/27/200231JUDGMENT and Commitment issued as to Exide Illinois by Judge David R. Herndon (cc: all counsel) (myz) (Entered: 02/28/2002)
02/27/200232 PRESENTENCE Report & addendum on Exide Illinois (original sealed and held in sealed document area). (myz) (Entered: 02/28/2002)
02/27/200233 RECOMMENDATION as to Exide Illinois (original sealed and held in sealed document area). (myz) (Entered: 02/28/2002)
03/11/2002  TRANSCRIPT of sentencing; held February 27, 2002 as to defendant Exide Illinois ; 1 volume(s) Court Reporter: Jennifer Robertson (pab) (Entered: 03/11/2002)
03/11/200234 NOTICE OF LIEN FOR FINE AND/OR RESTITUTION IMPOSED PURSUANT TO THE ANTI-TERRORISM AND EFFECTIVE DEATH PENALTY ACT OF 1996 by plaintiff USA regarding defendant Exide Illinois (dlr) (Entered: 03/12/2002)
10/02/200250ORDER by Judge David R. Herndon granting motion for permission to travel (order) [49-1] as to defendant Marks (cc: all counsel) (dlr) (Entered: 10/02/2002)
05/08/2003  REMARK--Certified copoies of the docket sheet, information and J&C regarding defendant Gary Marks mailed to the Northern Dist of IL (dlr) Modified on 05/08/2003 (Entered: 05/08/2003)
11/18/200552NOTICE OF ATTORNEY APPEARANCE Norman R. Smith appearing for USA. (Smith, Norman) (Entered: 11/18/2005)
11/18/200553 MOTION Government's Motion for Hearing to Determine the Effect of Defendant's Default on Payment of a Fine and Motion to Show Cause Why Exide Illinois and Exide Technologies Should Not Be Held in Contempt by USA as to Exide Illinois. (Attachments: # 9)(Smith, Norman) (Entered: 11/18/2005)
12/12/200554NOTICE OF ATTORNEY APPEARANCE: Victor Arturo Arana appearing for Exide Illinois (Arana, Victor) (Entered: 12/12/2005)
12/12/200555Joint MOTION set schedule on Government's Motion for Hearing and for Rule to Show Cause Filed November 18, 2005 by Exide Illinois. (Arana, Victor) (Entered: 12/12/2005)
12/13/200556ORDER granting 55 Motion as to Exide Illinois. Signed by Judge David R Herndon on 12/13/05. (klh, ) (Entered: 12/13/2005)
01/23/200657 MOTION for Extension of Time to File Response/Reply as to 53 MOTION Government's Motion for Hearing to Determine the Effect of Defendant's Default on Payment of a Fine and Motion to Show Cause Why Exide Illinois and Exide Technologies Should Not Be Held in Contempt, 55 Joint MOTION set schedule on Government's Motion for Hearing and for Rule to Show Cause Filed November 18, 2005 by Exide Illinois. (Arana, Victor) (Entered: 01/23/2006)
01/23/200658ORDER granting 57 Motion for Extension of Time to File Response/Reply as to Exide Illinois (1). Signed by Judge David R Herndon on 1/23/06. (klh, ) (Entered: 01/23/2006)
03/03/2006  File Sent to FRC on 3/22/05: accession number 021-04-0293, box number 64 of 73, location 326654-326726SAN. (skp, ) (Entered: 03/03/2006)
03/08/200659Joint MOTION for Extension of Time Regarding the Government's Motion for Hearing and for Rule To Show Cause Filed November 18, 2005 by Exide Illinois. (Arana, Victor) (Entered: 03/08/2006)
03/08/200660ORDER granting 59 Motion for Extension of Time as to Exide Illinois (1). Signed by Judge David R Herndon on 3/8/05. (klh, ) (Entered: 03/08/2006)
04/12/200661 MOTION for Extension of Time Regarding the Government's Motion for Hearing and for Rule To Show Cause Filed November 18, 2005 by Exide Illinois. (Arana, Victor) (Entered: 04/12/2006)
04/13/200662ORDER granting 61 Motion for Extension of Time as to Exide Illinois (1). Signed by Judge David R Herndon on 4/13/06. (klh, ) (Entered: 04/13/2006)
05/09/200663Joint MOTION for Hearing Motion To Schedule a Hearing Date Regarding the Government's Motion for Hearing and for Rule To Show Cause Filed November 18, 2005 by Exide Illinois. (Arana, Victor) (Entered: 05/09/2006)
05/09/200664Joint MOTION for Leave to File the Parties' Agreement and Proposed Joint Resolution of the Government's November 18, 2005 Motion Under Seal by Exide Illinois. (Arana, Victor) (Entered: 05/09/2006)
05/10/200665ORDER granting 63 Motion for Hearing as to Exide Illinois (1). Hearing set for May 31, 2006 at 11:00 a.m.. Signed by Judge David R Herndon on 5/10/06. (klh, ) (Entered: 05/10/2006)
05/10/2006  Set/Reset Hearings as to Exide Illinois: Hearing set for 5/31/2006 11:00 AM in East St. Louis Court House before Judge David R Herndon. (klh, ) (Entered: 05/10/2006)
05/10/200666ORDER granting 64 Motion for Leave to File as to Exide Illinois (1). Signed by Judge David R Herndon on 5/10/06. (klh, ) (Entered: 05/10/2006)
05/12/200667STRICKEN AS ORDERED BY COURT--NOTICE Agreement and Proposed Joint Resolution (Arana, Victor) Modified on 5/15/2006 (dlr ). Additional attachment(s) added on 5/15/2006 (dlr, ). (Entered: 05/12/2006)
05/15/200668NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 67 Notice (Other) filed by Exide Illinois,. See attached document for specifics (dlr ) (Entered: 05/15/2006)
05/15/200669UNSEALED BY CLERK'S OFFICE PER ORDER #70--Sealed Document (Attachments: # 4 Exhibit Exide Illinois Unanimous Consent)(Arana, Victor) Modified on 6/1/2006 (dlr ). (Entered: 05/15/2006)
05/31/200670ORDER Modifying Installments on Fine Previously Imposed as to Exide, denying 53 show cause motion filed by the Government as to Exide Illinois, adopting Agreement and Proposed Joint Resolution of the parties 69 . Signed by Judge David R Herndon on 5/31/06. (klh, ) (Entered: 05/31/2006)
05/31/200671 Minute Entry for proceedings held before Judge David R Herndon:In-Court Hearing as to Exide Illinois re: Doc 53 held on 5/31/2006. Written order to follow. (Court Reporter Jennifer Robertson.) (pab)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 05/31/2006)
06/21/200672 SEALED TRANSCRIPT on proceedings held on 5/31/06 before Judge David R. Herndon. Court Reporter: Jennifer Robertson. This is a text entry only - no document is attached. The transcript is available for review in the Clerk's Office. Please contact the court reporter listed above for copies. (tjh) (Entered: 06/22/2006)
06/21/200673 TRANSCRIPT of Rule to Show Cause as to Exide Illinois held on 5/31/06 before Judge David R. Herndon. Court Reporter: Jennifer Robertson. This is a text entry only - no document is attached. The transcript is available for review in the Clerk's Office. Please contact the court reporter listed above for copies. (tjh) (Entered: 06/22/2006)
01/24/200774Joint MOTION Joint Status Report and Motion Regarding Exide's Compliance with the Court's Sentencing Order of February 27, 2002, and with the Modified Payment Schedule Set Forth in the Court's Order of May 31, 2006 by Exide Illinois. (Arana, Victor) (Entered: 01/24/2007)
01/25/200775ORDER granting 74 Motion as to Exide Illinois (1). Signed by Judge David R Herndon on 1/25/07. (klh, ) (Entered: 01/25/2007)