CLOSED

United States District Court
District of Massachusetts (Boston)
CRIMINAL DOCKET FOR CASE #: 1:08-cr-10404-PBS All Defendants


Case title: USA v. Exxonmobil Pipeline Company

Date Filed: 12/23/2008
Date Terminated: 05/01/2009

Assigned to: Judge Patti B. Saris

Defendant (1)
Exxonmobil Pipeline Company
TERMINATED: 05/01/2009
represented byMark W. Pearlstein
McDermott Will & Emery
28 State Street
Boston, MA 02109
617-535-4000
Fax: 617-535-3800
Email: mpearlstein@mwe.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
33:1319(c)(1), 1321(b)(3)...CLEAN WATER ACT
(1)
ORIGINAL: The defendant organization is hereby sentenced to probation for a term of 36 months. The defendant organization shall not commit another federal, state or local crime. The $125.00 Special Assessment is due immediately. The $359,018.00 Fine is due immediately. The $179,509.00 Restitution is due immediately. SECOND AMENDED JUDGMENT:

Highest Offense Level (Opening)
Misdemeanor

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Interested Party
Ingeborg E. Hegemann represented byIngeborg E. Hegemann
BSC Companies
33 Waldo Street
Worcester, MA 01608
617-896-4514
Email: IHegemann@BSCGroup.com
PRO SE


Plaintiff
USA represented byJonathan F. Mitchell
United States Attorney's Office
John Joseph Moakley Federal Courthouse
1 Courthouse Way
Suite 9200
Boston, MA 02210
617-748-3274
Fax: 617-748-3960
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Lori J. Holik
United States Attorney's Office
1 Courthouse Way
Suite 9200
Boston, MA 02210
617-748-3161
Fax: 617-748-3960
Email: lori.holik@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
12/23/2008INFORMATION (Felony) as to Exxonmobil Pipeline Company (1) count(s) 1. (Attachments: # 1 JS45)(Smith3, Dianne) (Entered: 12/24/2008)
12/23/2008PLEA AGREEMENT as to Exxonmobil Pipeline Company (Smith3, Dianne) (Additional attachment(s) added on 12/24/2008: # 1 Exhibit) (Smith3, Dianne). (Additional attachment(s) added on 12/24/2008: # 2 statement, # 3 plan) (Smith3, Dianne). (Entered: 12/24/2008)
12/29/2008  ELECTRONIC NOTICE OF RULE 11 HEARING as to Exxonmobil Pipeline Company. Change of Plea Hearing set for 1/22/2009 at 3:30 PM in Courtroom 19 before Judge Patti B. Saris. (Alba, Robert) (Entered: 12/29/2008)
01/02/2009NOTICE OF ATTORNEY APPEARANCE: Mark W. Pearlstein appearing for Exxonmobil Pipeline Company (Pearlstein, Mark) (Entered: 01/02/2009)
01/13/2009WAIVER of Presentence Investigation Report by Exxonmobil Pipeline Company (Pearlstein, Mark) (Entered: 01/13/2009)
01/13/2009 MOTION to Waive Presentence Investigation and Report as to Exxonmobil Pipeline Company. Re-entered by court staff to correct data entry error. (Patch, Christine) (Entered: 01/14/2009)
01/14/2009  Notice of correction to docket made by Court staff. Correction: Document No. 4 corrected because: it was filed using the incorrect event. Please refer to Document No. 5 for corrected filing as to Exxonmobil Pipeline Company (Patch, Christine) (Entered: 01/14/2009)
01/20/2009   Judge Patti B. Saris: Electronic ORDER entered denying 5 MOTION to Waive Presentence Investigation and Report as to Exxonmobil Pipeline Company. "Denied. I would like to know what the criminal history of the company is, and the nature of the offense." (Alba, Robert) (Entered: 01/20/2009)
01/22/2009  Electronic Clerk Notes for proceedings held before Judge Patti B. Saris: Arraignment as to Exxonmobil Pipeline Company (1) Count 1 held on 1/22/2009. Plea entered by Exxonmobil Pipeline Company Guilty Count 1. Sentencing set for 3/24/2009 at 3:00 PM in Courtroom 19 before Judge Patti B. Saris. (Court Reporter Lee Marzilli.)(Attorneys present: Mitchell, Pearlstein) (Alba, Robert) (Entered: 01/22/2009)
01/22/2009Judge Patti B. Saris: ORDER entered. PROCEDURAL ORDER re sentencing hearing as to Exxonmobil Pipeline Company Sentencing set for 3/24/2009 03:00 PM in Courtroom 19 before Judge Patti B. Saris. (Patch, Christine) (Entered: 01/23/2009)
01/29/2009Assented to MOTION to Continue Hearing to the week of April 6, 2009 to continue the hearing at which the Court will consider whether to accept the proffered plea and impose sentence from March 24, 2009 until anyday during the week of April 6, 2009 as to Exxonmobil Pipeline Company. (Pearlstein, Mark) (Entered: 01/29/2009)
01/29/2009   Judge Patti B. Saris: Electronic ORDER entered allowing 7 Assented to MOTION to Continue Hearing to the week of April 6, 2009 to continue the hearing at which the Court will consider whether to accept the proffered plea and impose sentence from March 24, 2009 until anyday during the week of April 6, 2009 as to Exxonmobil Pipeline Company. "Allowed. The Sentencing is continued to April 6, 2009 at 3:00 PM." (Alba, Robert) (Entered: 01/29/2009)
02/06/2009Transcript of Rule 11 Hearing as to Exxonmobil Pipeline Company held on January 22, 2008, before Judge Saris. Court Reporter Lee A. Marzilli at leemarz@aol.com. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 2/24/2009. Redacted Transcript Deadline set for 3/6/2009. Release of Transcript Restriction set for 5/4/2009. (Scalfani, Deborah) (Entered: 02/06/2009)
02/06/2009NOTICE is hereby given that an official transcript of a proceeding as to Exxonmobil Pipeline Company has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry. (Scalfani, Deborah) (Entered: 02/06/2009)
03/30/200910  Letter (non-motion) regarding filing copies of revised Appendices A and B to the Environmental Compliance Plan filed with the Information on December 23, 2008 as to Exxonmobil Pipeline Company (Attachments: # 1 Appendix A, # 2 Appendix B)(Pearlstein, Mark) (Entered: 03/30/2009)
03/31/200911 SENTENCING MEMORANDUM by Exxonmobil Pipeline Company (Pearlstein, Mark) (Entered: 03/31/2009)
04/06/2009  Electronic Clerk Notes for proceedings held before Judge Patti B. Saris: Sentencing held on 4/6/09. Continued Sentencing set for 4/30/2009 at 3:30 PM in Courtroom 19 before Judge Patti B. Saris. (Court Reporter Lee Marzilli.)(Attorneys present: Mitchell, Pearlstein) (Alba, Robert) (Entered: 04/06/2009)
04/06/200921 Memorandum of Information as to Exxonmobil Pipeline Company (Attachments: # 1 Conservation Law Foundation Memo)(Patch, Christine) (Entered: 05/05/2009)
04/24/200913 Transcript of Sentencing - Day One as to Exxonmobil Pipeline Company held on April 6, 2009, before Judge Saris. Court Reporter Lee A. Marzilli at leemarz@aol.com. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 5/12/2009. Redacted Transcript Deadline set for 5/22/2009. Release of Transcript Restriction set for 7/20/2009. (Scalfani, Deborah) (Entered: 04/24/2009)
04/24/200914 NOTICE is hereby given that an official transcript of a proceeding as to Exxonmobil Pipeline Company has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry. (Scalfani, Deborah) (Entered: 04/24/2009)
04/28/200915 PLEA AGREEMENT (Revised) as to Exxonmobil Pipeline Company (Mitchell, Jonathan) (Entered: 04/28/2009)
04/28/200916 SENTENCING MEMORANDUM by USA as to Exxonmobil Pipeline Company (Mitchell, Jonathan) (Entered: 04/28/2009)
04/28/200917  Letter to Judge Saris from Edward Quinn, Ivey St. John, Janice Dolan, and Nancy Free as to Exxonmobil Pipeline Company (Patch, Christine) (Entered: 04/29/2009)
04/28/200918  Letter to Judge Saris from Patricia Jehlen, as to Exxonmobil Pipeline Company (Patch, Christine) (Entered: 04/29/2009)
04/28/200919 Second Memorandum of Information as to Exxonmobil Pipeline Company (Patch, Christine) (Entered: 04/29/2009)
04/30/2009  Electronic Clerk Notes for proceedings held before Judge Patti B. Saris: Sentencing held on 4/30/2009 for Exxonmobil Pipeline Company (1), Count(s) 1. Court sentences defendant to 36 months Probation with conditions, $359,018.00 Fine, $179,509.00 Restitution, $125 special assessment. Defendant informed of right of appeal. (Court Reporter Lee Marzilli.)(Attorneys present: Mitchell, Pearlstein)(P.O. Walls) (Alba, Robert) (Entered: 04/30/2009)
04/30/200920 PLEA AGREEMENT as to Exxonmobil Pipeline Company (Patch, Christine) (Entered: 05/05/2009)
05/01/200922 Judge Patti B. Saris: ORDER entered. JUDGMENT as to Exxonmobil Pipeline Company (1), Count(s) 1, The defendant organization is hereby sentenced to probation for a term of 36 months. The defendant organization shall not commit another federal, state or local crime. The $125.00 Special Assessment is due immediately. The $359,018.00 Fine is due immediately. The $179,509.00 Restitution is due immediately. (Patch, Christine) (Entered: 05/12/2009)
05/19/200923  MOTION to Correct 22 Judgment, Clerical Error as to Exxonmobil Pipeline Company. (Attachments: # 1 Exhibit Exhibit A)(Pearlstein, Mark) (Entered: 05/19/2009)
05/20/2009   Judge Patti B. Saris: Electronic ORDER entered allowing 23 MOTION to Correct 22 Judgment, Clerical Error as to Exxonmobil Pipeline Company. "Allowed. An amended judgment will issue." (Alba, Robert) (Entered: 05/20/2009)
05/20/200924 Judge Patti B. Saris: ORDER entered. AMENDED JUDGMENT as to Exxonmobil Pipeline Company (1), Count(s) 1. Judgment amended to correct clerical errors. (Patch, Christine) (Entered: 05/20/2009)
05/27/200925  MOTION to Correct the Judgment as to Exxonmobil Pipeline Companyby USA. (Mitchell, Jonathan) (Entered: 05/27/2009)
05/28/200926 SATISFACTION OF JUDGMENT as to Exxonmobil Pipeline Company (Donato, Christopher) (Entered: 05/28/2009)
05/28/200927 AMENDED DOCUMENT by USA. Amendment to 26 Satisfaction of Judgment Amended Satisfaction of Judgment as to Exxonmobil Pipeline Company: (Donato, Christopher) (Entered: 05/28/2009)
06/01/2009   Judge Patti B. Saris: Electronic ORDER entered regarding 25 MOTION to Correct the Judgment as to Exxonmobil Pipeline Company by USA. "Allowed in part. Amended judgment to issue." (Alba, Robert) (Entered: 06/01/2009)
06/01/200928 Judge Patti B. Saris: ORDER entered. SECOND AMENDED JUDGMENT as to Exxonmobil Pipeline Company (1), Count(s) 1. (Patch, Christine) (Entered: 06/02/2009)
06/29/200929 Joint MOTION Appointment of Observer as to Exxonmobil Pipeline Companyby USA. (Attachments: # 1 Exhibit Hegeman Resume)(Mitchell, Jonathan) (Entered: 06/29/2009)
06/30/200930  MOTION Certificate of Service for Joint Motion to Appoint Ingeborg Hegeman as Court Appointed Observer as to Exxonmobil Pipeline Companyby USA. (Mitchell, Jonathan) (Entered: 06/30/2009)
06/30/2009   Judge Patti B. Saris: Electronic ORDER entered regarding 29 Joint MOTION Appointment of Observer as to Exxonmobil Pipeline Company by USA. "Is there any objection to my meeting her privately in an informal setting? Is there a reference?" (Alba, Robert) (Entered: 06/30/2009)
06/30/200931 Certificate of Service re 29 Motion for Appointment of Observer as to Exxonmobil Pipeline Company. Re-entered by court staff to correct data entry error. (Patch, Christine) (Entered: 07/02/2009)
07/02/2009  Notice of correction to docket made by Court staff. Correction: Document No. 30 terminated because: it was filed using the incorrect event. Please refer to Document No. 31 for corrected filing as to Exxonmobil Pipeline Company (Patch, Christine) (Entered: 07/02/2009)
07/02/200932 RESPONSE TO COURT ORDER by USA as to Exxonmobil Pipeline Company (Mitchell, Jonathan) (Entered: 07/02/2009)
07/21/2009  Judge Patti B. Saris: ElectronicORDER entered re 29 Joint MOTION to Appoint Ingeborg Hegeman as Court Appointed Observer. "After meeting Ms. Hegemanm, I allow the motion to appoint her as the Court Observer. After consulting with the parties, she shall propose a schedule and method of payment by 8/31/09." (Patch, Christine) (Entered: 07/23/2009)
07/29/2009  Mail Returned as Undeliverable. Mail sent to Ingeborh Hegemann as to Exxonmobil Pipeline Company (Patch, Christine) (Entered: 07/30/2009)
08/28/200933  Letter to Judge Saris from Ingeborg E. Hegemann regarding a proposed reporting schedule and a proposed method of payment as to Exxonmobil Pipeline Company (Patch, Christine) (Entered: 08/31/2009)
08/31/2009  Judge Patti B. Saris: ELECTRONIC ENDORSEMENT as to Exxonmobil Pipeline Company re 33 Letter to Judge Saris from Ingeborg E. Hegemann regarding a proposed reporting schedule and a proposed method of payment. "I approve." (Patch, Christine) (Entered: 08/31/2009)
09/25/200934  Letter to Judge Saris enclosing the quarterly report as to Exxonmobil Pipeline Company (Attachments: # 1 Quarterly report)(Patch, Christine) (Entered: 10/01/2009)
10/16/200935  Letter to Judge Saris enlcosing the first invoice of Purchase Order as to Exxonmobil Pipeline Company (Patch, Christine) (Entered: 10/20/2009)
10/16/2009  Judge Patti B. Saris: ELECTRONIC ENDORSEMENT as to Exxonmobil Pipeline Company re 35 Letter enclosing the first invoice of Purchase Order. "I approve the invoice." (Patch, Christine) (Entered: 10/20/2009)
12/01/200936  Letter to Ingeborg E. Hegemann, from Judge Patti B. Saris, requesting a brief progress report as to Exxonmobil Pipeline Company (Attachments: # 1 Exhibit Invoice)(Patch, Christine) (Entered: 12/01/2009)
12/07/200937 Email to Judge Saris regarding progress report as to Exxonmobil Pipeline Company (Patch, Christine) (Entered: 12/09/2009)
12/30/200939  Letter to Court as to Exxonmobil Pipeline Company (Attachments: # 1 Exhibit)(Duong, Diep) (Entered: 12/31/2009)
01/06/2010  Judge Patti B. Saris: ELECTRONIC ENDORSEMENT as to Exxonmobil Pipeline Company re 39 Letter (non-motion). "I agree with the proposed timing of the Final Audit Report." (Patch, Christine) (Entered: 01/06/2010)
01/11/201040 Invoice re: ECP Compliance for Everett Terminal by Exxonmobil Pipeline Company (Patch, Christine) (Entered: 01/12/2010)
01/12/2010  Judge Patti B. Saris: ELECTRONIC ENDORSEMENT as to Exxonmobil Pipeline Company re 40 Invoice re: ECP Compliance for Everett Terminal. "OK." (Patch, Christine) (Entered: 01/12/2010)
01/29/201041  Letter to Judge Saris from Mitschka J. Hartley, Ph.D., regarding the first annual report of the U.S. Fish & Wildlife Service as to Exxonmobil Pipeline Company (Patch, Christine) (Entered: 02/09/2010)
02/12/201042  Letter to Mr. Arthur Powers from Ingeborg E. Hegemann as to Exxonmobil Pipeline Company (Patch, Christine) (Entered: 02/16/2010)
03/31/201043  Letter to Judge Saris enclosing the first quarterly report for 2010 as to Exxonmobil Pipeline Company (Attachments: # 1 Exhibit)(Patch, Christine) (Entered: 04/09/2010)
04/14/201044 Invoice as to Exxonmobil Pipeline Company, filed by BSC Group, Inc. (Patch, Christine) (Entered: 04/15/2010)
04/14/2010  Electronic Endorsement (non-order) re 44 Invoice as to Exxonmobil Pipeline Company, filed by BSC Group, Inc. "OK." (Patch, Christine) (Entered: 04/15/2010)
04/14/201045 STATUS REPORT by Exxonmobil Pipeline Company (Patch, Christine) (Entered: 04/15/2010)
06/03/201046 Invoice as to Exxonmobil Pipeline Company, filed by BSC Group, Inc. (Patch, Christine) (Entered: 06/04/2010)
06/03/2010  Electronic Endorsement (non-order) as to Exxonmobil Pipeline Company re 46 Invoice. "Allowed." (Patch, Christine) (Entered: 06/04/2010)
06/21/201047 Invoice as to Exxonmobil Pipeline Company, filed by BSC Group, Inc. (Patch, Christine) (Entered: 06/22/2010)
06/21/2010  Electronic Endorsement (non-order) as to Exxonmobil Pipeline Company re 47 Invoice. "Allowed." (Patch, Christine) (Entered: 06/22/2010)
07/02/201048 Quarterly REPORT by Ingeborg E. Hegemann as to Exxonmobil Pipeline Company (Patch, Christine) (Entered: 07/02/2010)
08/02/201049 Invoice re: ECP Compliance for Everett Terminal as to Exxonmobil Pipeline Company, filed by BSC Group., Inc. (Patch, Christine) (Entered: 08/04/2010)
08/02/2010  Electronic Endorsement (non-order) as to Exxonmobil Pipeline Company re 49 Invoice. "OK." (Patch, Christine) (Entered: 08/04/2010)
08/05/201050 Memorandum from Probation Office regarding report on organization under supervision as to Exxonmobil Pipeline Company. (Galluzzo, Michael) (Entered: 08/05/2010)
10/07/201051 Fifth Quarterly STATUS REPORT by Ingeborg E. Hegemann as to Exxonmobil Pipeline Company (Attachments: # 1 Exhibit)(Patch, Christine) (Entered: 10/08/2010)
10/15/201052 Invoice as to Exxonmobil Pipeline Company. (Patch, Christine) (Entered: 10/20/2010)
10/15/2010  Electronic Endorsement (non-order) as to Exxonmobil Pipeline Company re 52 Invoice. "Ok - if no objection." (Patch, Christine) (Entered: 10/20/2010)
01/03/201153 Sixth Quarterly REPORT by Ingeborg E. Hegemann as to Exxonmobil Pipeline Company (Patch, Christine) (Entered: 01/04/2011)
01/25/201154 ECP Compliance for Everett Terminal by Ingeborg E. Hegemann as to Exxonmobil Pipeline Company (Patch, Christine) (Entered: 01/27/2011)
02/11/201155  Letter to Judge Saris from Mitschka J. Hartley, Ph.D. regarding the second annual report of the US Fish and Wildlife Services as to Exxonmobil Pipeline Company (Patch, Christine) (Entered: 02/11/2011)
04/19/201156 STATUS REPORT by Exxonmobil Pipeline Company (York, Steve) (Entered: 05/09/2011)
06/28/201157 STATUS REPORT by Exxonmobil Pipeline Company. (Anderson, Jennifer) (Entered: 06/28/2011)
07/08/201158 QUARTERLY REPORT by Exxonmobil Pipeline Company. (Attachments: # 1 Report, # 2 Attachment 1, # 3 Attachment 2)(Anderson, Jennifer) (Entered: 07/08/2011)
07/08/201159 NOTICE OF ATTORNEY APPEARANCE Lori J. Holik appearing for USA. (Holik, Lori) (Entered: 07/08/2011)
08/26/201162 STATUS REPORT by Exxonmobil Pipeline Company. (Anderson, Jennifer) (Entered: 08/26/2011)
10/06/201163 STATUS REPORT by Exxonmobil Pipeline Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Anderson, Jennifer) (Entered: 10/11/2011)
11/22/201164 STATUS REPORT by Exxonmobil Pipeline Company. (Anderson, Jennifer) (Entered: 11/28/2011)
01/05/201265 STATUS REPORT by Ingeborg E. Hegemann as to Exxonmobil Pipeline Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Anderson, Jennifer) (Entered: 01/05/2012)
01/18/201266 STATUS REPORT by Exxonmobil Pipeline Company. (Anderson, Jennifer) (Entered: 01/18/2012)
03/07/201267 STATUS REPORT by Exxonmobil Pipeline Company. (Anderson, Jennifer) (Entered: 03/07/2012)