TERMINATED

U.S. District Court
District of Oregon (Portland (3))
CRIMINAL DOCKET FOR CASE #: 3:03-cr-00506-BR All Defendants


Case title: USA v. Botelho Shipping, et al

Date Filed: 11/06/2003
Date Terminated: 02/29/2008

Assigned to: Judge Anna J. Brown

Defendant (1)
Botelho Shipping Corporation
TERMINATED: 12/03/2003
represented byKenneth Lerner
Attorney at Law
3439 NE Sandy Boulevard
Suite 286
Portland, OR 97232-1959
(503) 223-0442
Fax: (503) 223-3151
Email: ken@klerner.com
TERMINATED: 11/25/2003
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
None

Highest Offense Level (Opening)
None

Terminated Counts

Disposition
18:371 = CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
12/3/03 = Indictment and charges filed 11/6/03 against Defendant Betheloho Shipping Corporation are dismissed
18:2 and 1512(c)(2) = OBSTRUCT, INFLUENCE AND IMPEDE AN OFFICIAL PROCEEDING
(2)
12/3/03 = Indictment and charges filed 11/6/03 against Defendant Betheloho Shipping Corporation are dismissed
18:2 and 1512(c)(1) = OBSTRUCTION OF OFFICIAL PROCEEDING
(3)
12/3/03 = Indictment and charges filed 11/6/03 against Defendant Betheloho Shipping Corporation are dismissed
33:1908(a) and 33 CFR 151.25(a), (d) and (h) = VIOLATION OF OIL POLLUTION PREVENTION REGULATIONS
(4)
12/3/03 = Indictment and charges filed 11/6/03 against Defendant Betheloho Shipping Corporation are dismissed
18:2 and 1001 = FALSE STATEMENTS TO GOVERNMENT
(5)
12/3/03 = Indictment and charges filed 11/6/03 against Defendant Betheloho Shipping Corporation are dismissed

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge Anna J. Brown

Defendant (2)
Fairmont Shipping (Canada) Ltd
TERMINATED: 11/25/2003
represented byKenneth Lerner
(See above for address)
TERMINATED: 11/25/2003
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
33:1908(a) and 33 CFR 151.25(a), (d) and (h) = VIOLATION OF OIL POLLUTION PREVENTION REGULATIONS
(4)
SENTENCING DATE: 11/21/03; PROBATION 4 YEARS; FINE: $450,00.00; SPECIAL ASSESSMENT: $400.00

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:371 = CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
18:2 and 1512(c)(2) = OBSTRUCT, INFLUENCE AND IMPEDE AN OFFICIAL PROCEEDING
(2)
18:2 and 1512(c)(1) = OBSTRUCTION OF OFFICIAL PROCEEDING
(3)
18:2 and 1001 = FALSE STATEMENTS TO GOVERNMENT
(5)

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge Anna J. Brown

Defendant (3)
Virgio G Perillo
TERMINATED: 02/29/2008
also known as
Vergio G Perilio
TERMINATED: 02/29/2008

Pending Counts

Disposition
None

Highest Offense Level (Opening)
None

Terminated Counts

Disposition
18:371 = CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
ORDER TO DISMISS INDICTMENT ON MOTION OF THE UNITED STATES.
18:2 and 1512(c)(2) = OBSTRUCT, INFLUENCE AND IMPEDE AN OFFICIAL PROCEEDING
(2)
ORDER TO DISMISS INDICTMENT ON MOTION OF THE UNITED STATES.
33:1908(a) and 33 CFR 151.25(a), (d) and (h) = VIOLATION OF OIL POLLUTION PREVENTION REGULATIONS
(4)
ORDER TO DISMISS INDICTMENT ON MOTION OF THE UNITED STATES.
18:2 and 1001 = FALSE STATEMENTS TO GOVERNMENT
(5)
ORDER TO DISMISS INDICTMENT ON MOTION OF THE UNITED STATES.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge Anna J. Brown

Defendant (4)
Felix S Sicapero
TERMINATED: 12/04/2003
represented byMichael A. Greenlick
Michael A. Greenlick, Attorney at Law
1001 SW 5th Ave.
Suite 1414
Portland, OR 97204
(503) 224-2595
Fax: (503) 224-3203
Email: mike@mikegreenlick.com
TERMINATED: 12/04/2003
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
33:1908(a) and 33 CFR 151.25(a), (d) and (h) = VIOLATION OF OIL POLLUTION PREVENTION REGULATIONS
(4)
SENTENCING DATE: 11/26/03; PROBATION:3 years; SPECIAL ASSESSMENT: $100; Counts 1,2,3, and 5 are dismissed on motion of the United States

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:371 = CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
12/4/03 - DISMISSED ON MOTION OF GOVERNMENT
18:2 and 1512(c)(2) = OBSTRUCT, INFLUENCE AND IMPEDE AN OFFICIAL PROCEEDING
(2)
12/4/03 = DISMISSED ON MOTION OF GOVERNMENT
18:2 and 1512(c)(1) = OBSTRUCTION OF OFFICIAL PROCEEDING
(3)
12/4/03 = DISMISSED ON MOTION OF GOVERNMENT
18:2 and 1001 = FALSE STATEMENTS TO GOVERNMENT
(5)
12/4/03 = DISMISSED ON MOTION OF GOVERNMENT

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byRobert B. Ross
United States Attorney's Office
1000 S.W. Third Avenue
Suite 600
Portland, OR 97204
(503) 727-1023
Fax: (503) 727-1117
Email: bob.ross@usdoj.gov
TERMINATED: 01/09/2008
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Scott M. Kerin
United States Attorney's Office
1000 SW Third Avenue
Suite 600
Portland, OR 97204
(503) 727-1002
Fax: (503) 727-1117
Email: scott.kerin@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
11/06/20035-COUNT INDICTMENT by AUSAs Robert B Ross and Scott M. Kerin. Counts filed against Defendant Botelho Shipping (1) (in Count(s) 1, 2, 3, 4, 5), Defendant Fairmont Shipping (2) (in Count(s) 1, 2, 3, 4, 5), Defendant Virgio G Perillo (3) (in Count(s) 1, 2, 4, 5) and Defendant Felix S Sicapero (4) (in Count(s) 1, 2, 3, 4, 5); COUNT 1: 18 USC 371 = CONSPIRACY; COUNT 2: 18 USC 2 AND 1512(c)(2) = OBSTRUCTION OF OFFICIAL PROCEEDING; COUNT 3: 18 USC 2 AND 1512(c)(1) = OBSTRUCTION OF OFFICIAL PROCEEDING; COUNT 4: 33 USC 1908(a) AND 33 CFR 151.25(a), (d) AND (h) = VIOLATION OF OIL POLLUTION PREVENTION REGULATIONS; COUNT 5: 18 USC 2 AND 1001 = FALSE STATEMENTS TO GOVERNMENT (kw) (Entered: 11/07/2003)
11/06/2003ARREST WARRANT ISSUED for Defendant Virgio G Perillo PRETRIAL DETENTION REQUESTED. by Judge Dennis J. Hubel (kw) (Entered: 11/07/2003)
11/06/2003ARREST WARRANT ISSUED for Defendant Felix S Sicapero PRETRIAL DETENTION REQUESTED. by Judge Dennis J. Hubel (kw) (Entered: 11/07/2003)
11/06/2003  PURSUANT to this Court's Case Assignment Plan, this case to be assigned to JUDGE ANNA J. BROWN for all further proceedings. (kw) (Entered: 11/07/2003)
11/07/2003MINUTES OF PROCEEDINGS before Judge Dennis J. Hubel regarding Defendant Felix S Sicapero - First Appearance, Arraignment and Detention Hearing of Defendant Felix S. Sicapero; Retained counsel Michael A Greenlick present; Assistant US Attorney Scott Kerin present; Interpreter Cedric Redula present; Defendant Felix S. Sicapero arraigned; NOT GUILTY PLEA TO INDICTMENT ENTERED; 5-day Jury Trial SET for 9:00 am on 1/13/04 for Defendant Felix S. Sicapero in Portland before Honorable Anna J. Brown; ORDER: Defendant RELEASED on conditions; (See separate Order); ORDER: Discovery due in 10 days, motions due in 21 days (cc: Counsel notified) Court Rptr Deputy Clerk Kathy Bartholomew; Tape: FTR (kw) (Entered: 11/12/2003)
11/07/2003  DEFENDANT Felix S Sicapero arrested (presumed date) (kw) (Entered: 11/12/2003)
11/12/2003ORDER by Judge Dennis J. Hubel setting conditions of release for Defendant Felix S Sicapero (cc: Counsel notified) (kw) (Entered: 11/12/2003)
11/12/2003CRIMINAL TRIAL MANAGEMENT ORDER re: Defendant Felix S. Sicapero by Honorable Anna J. Brown; (See formal 4-page Order for full text); s/ 11/12/03 (cc: Counsel notified) (kw) (Entered: 11/12/2003)
11/12/2003MINUTES OF ORDER by Honorable Anna J. Brown regarding Defendant Fairmont Shipping (Canada), Ltd - Arraignment and Change of Plea SET for 2:30 pm on 11/14/03 for Defendant Fairmont Shipping (Canada), Ltd before Honorable Anna J. Brown (cc: Counsel notified) (kw) Modified on 11/17/2003 (Entered: 11/12/2003)
11/12/2003PLEA AGREEMENT as to Defendant Fairmont Shipping (kw) (Entered: 11/13/2003)
11/12/200310 ARREST WARRANT returned executed as to Felix S Sicapero 11/7/03 (schman) (Entered: 11/17/2003)
11/13/2003MEMORANDUM IN SUPPORT OF PLEA AGREEMENT by Plaintiff USA re: Defendant Fairmont Shipping (Canada) Ltd [8-1] (kw) (Entered: 11/13/2003)
11/14/200311 MINUTES OF PROCEEDINGS before Honorable Anna J. Brown regarding Defendant Fairmont Shipping - Arraignment and Entry of Plea held before Honorable Anna J. Brown ; Defendant's counsel and authorized representative Kenneth Lerner present; Assistant US Attorneys Robert Ross and Scott Kerin present; Defendant Fairmont Shipping arraigned; Defendant Fairmont Shipping entered GUILTY PLEA TO COUNT 4 of the Indictment; Sentencing SET for 9:00 am on 11/24/03 for Defendant Fairmont Shipping before Honorable Anna J. Brown (cc: Counsel notified) Court Rptr Amanda LeGore (kw) (Entered: 11/17/2003)
11/14/200312 PETITION TO PLEAD GUILTY with attached Plea Agreement (with all original signatures) filed by Defendant Fairmont Shipping (Canada) Ltd (kw) (Entered: 11/17/2003)
11/20/200313 MINUTES OF ORDER by Honorable Anna J. Brown regarding Defendant Felix S Sicapero - Change of Plea SET for 2:00 pm on 11/26/03 for Defendant Felix S Sicapero before Honorable Anna J. Brown ; STRIKING Jury Trial set for 1/13/04 as to Defendant Felix S Sicapero before Honorable Anna J. Brown (cc: Counsel notified) (kw) (Entered: 11/20/2003)
11/21/200314 MOTION TO AWARD PORTION OF FINE by USA (kw) (Entered: 11/21/2003)
11/21/200315 ORDER by Honorable Anna J. Brown GRANTING MOTION TO AWARD PORTION OF FINE by USA [14-1] IT IS HEREBY ORDERED that a payment of the amount of $225,000 be awarded to Ferdinand Simpao payable from the fine imposed on Fairmont Shipping (Canada) Ltd, to be paid in installments of one half of each installment payment of the fine made by Fairmont Shipping (Canada) Ltd.(cc: Counsel notified) (schman) (Entered: 12/02/2003)
11/21/200316 MINUTES OF PROCEEDINGS before Honorable Anna J. Brown regarding Defendant Botelho Shipping - sentencing hearing held before Honorable Anna J. Brown. ORDER: All material witnessess shall be immediately RELEASED with the conditions as indicated. (cc: Counsel notified) Court Rptr Amanda LeGore (schman) (Entered: 12/02/2003)
11/25/200317 JUDGMENT AND COMMITMENT issued to U.S. Marshal as to defendant Fairmont Shipping (2) count(s) 4. SENTENCING DATE: 11/21/03; PROBATION 4 YEARS; FINE: $450,00.00; SPECIAL ASSESSMENT: $400.00 by Honorable Anna J. Brown (schman) (Entered: 12/03/2003)
11/25/200318 MOTION FOR AMENDED ORDER OF AWARD by USA (Kirk) (Entered: 12/03/2003)
11/25/200319 MEMORANDUM IN SUPPORT OF PLEA AGREEMENT, MOTION FOR SUBSTANTIAL ASSISTANCE REDUCTION & SENTENCING MEMORANDUM by Plaintiff USA (Kirk) (Entered: 12/03/2003)
11/26/200320 MOTION TO DISMISS Indictment as to Botelho Shipping Corporation (Kirk) (Entered: 12/03/2003)
11/26/200321 MINUTES OF PROCEEDINGS before Honorable Anna J. Brown regarding Defendant Felix S Sicapero - change of plea /sentencing hearing held - defendant enters GUILTY plea to Count 4 of the Indictment; defendant waives right to Presentence Report and requests that Court proceed to sentencing immediately; defendant sentenced - see Judgment (cc: Counsel notified) Court Rptr Julie Colling; Interpreter Alfonso Pioquinto (rr) (Entered: 12/04/2003)
11/26/200322 PETITION TO PLEAD GUILTY filed by Defendant Felix S Sicapero with attached Plea Agreement (rr) (Entered: 12/04/2003)
12/01/200323 ORDER by Honorable Anna J. Brown GRANTING MOTION FOR AMENDED ORDER OF AWARD by USA [18-1] - court's order of 11/21/03 awarding $225,000 from the criminal fine imposed in the case to the person who provided information leading to the conviction under 33 USC 1908(a) shall be amended to read that the award shall be paid by the Clerk of the Court to Ferdinand Martin Simpao s/ 11/26/03 (cc: Counsel notified) (rr) (Entered: 12/04/2003)
12/03/200324 ORDER by Honorable Anna J. Brown GRANTING MOTION TO DISMISS Indictment as to Botelho Shipping Corporation [20-1] dismissing counts Botelho Shipping (1) count(s) 1, 2 , 3 , 4 , 5 . Indictment and charges filed 11/6/03 against Defendant Betheloho Shipping Corporation are dismissed s/ 12/2/03 (cc: Counsel notified) (rr) (Entered: 12/04/2003)
12/04/200325 JUDGMENT AND COMMITMENT issued to U.S. Marshal as to defendant Felix S Sicapero (4) count(s) 4. SENTENCING DATE: 11/26/03; PROBATION:3 years; SPECIAL ASSESSMENT: $100; Counts 1,2,3, and 5 are dismissed on motion of the United States s/ 12/3/03 by Honorable Anna J. Brown (rr) (Entered: 12/05/2003)
12/30/200326 MINUTES OF ORDER by Honorable Anna J. Brown regarding Defendant Felix S Sicapero - Defendant Sicapero's passport being held by the Pretrial Services Office shall be returned to Defendant immediately. (cc: Counsel notified) (jlr) (Entered: 12/31/2003)
02/23/200427 MINUTES OF ORDER by Honorable Anna J. Brown regarding Defendant Fairmont Shipping - Status Conference SET for 2:30 pm on 3/4/04 for Defendant Fairmont Shipping before Honorable Anna J. Brown (cc: Counsel notified) (kw) (Entered: 02/23/2004)
03/04/200428 Minutes of Proceedings:Status Conference held before Judge Anna J. Brown as to Defendant Fairmont Shipping (Canada) Ltd. Counsel Present for Plaintiff: Robert Ross and Scott Kerin.Counsel Present for Defendant: Ken Lerner and John Mercer.(Court Reporter: Amanda LeGore) (kw, ) (Entered: 03/11/2004)
03/11/200429  Letter with attachment entitled "Environmental Compliance Standards and Requirements Pursuant to Plea Agreement" by USA as to Defendant Fairmont Shipping (Canada) Ltd. (kw, ) (Entered: 03/16/2004)
03/09/200530 Order Terminating Probation Prior to Expiration Date as to Defendant Felix S. Sicapero; Defendant has complied with the rules and regulations of Probation and is no longer in need of supervision; IT IS ORDERED that the term of Probation be TERMINATED and Felix S. Sicapero be DISCHARGED from supervision; by Judge Anna J. Brown; signed on 3/8/05. (kw, ) (Entered: 03/09/2005)
01/07/200831  Motion to Dismiss Indictment and Quash Warrant filed by USA as to Defendant Virgio G Perillo (3). (kw) (Entered: 01/07/2008)
01/09/200832 Notice of Attorney Withdrawal: Attorney Robert B. Ross withdraws as counsel of record for Felix S Sicapero, Virgio G Perillo, Botelho Shipping Corporation, Fairmont Shipping (Canada) Ltd (Kerin, Scott) (Entered: 01/09/2008)
02/25/200833 Administrative Correction of the Record: A clerical error pursuant to Fed. R. Crim. P 36 has been discovered in the case record and the Clerk is directed to make the following administrative corrections to the record and to notify all parties accordingly: This case file has not been sent to the Federal Records Center. The Clerk shall modify the record to strike the FRC entry. by Judge Anna J. Brown signed on 2/25/08. (tomg) (Entered: 02/25/2008)
02/28/200834  Motion to Dismiss Indictment and Quash Arrest Warrant filed by USA as to Virgio G Perillo. (Kerin, Scott) (Entered: 02/28/2008)
02/29/200835 ORDER TO DISMISS INDICTMENT & QUASH ARREST WARRANT:Granting 31 Motion to Dismiss as to Virgio G Perillo (3); Granting 31 Motion to Quash as to Virgio G Perillo (3); Granting 34 Motion to Dismiss as to Virgio G Perillo (3) by Judge Anna J. Brown signed on 2/29/08. (mkk) (Entered: 02/29/2008)