| TERMINATED |
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 by | Kenneth 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) |
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|
Fairmont Shipping (Canada) Ltd
TERMINATED: 11/25/2003 |
represented by | Kenneth 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) |
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|
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) |
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|
Felix S Sicapero
TERMINATED: 12/04/2003 |
represented by | Michael 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 by | Robert 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 |
|---|---|---|
| 11/06/2003 | 1 | 5-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) |
| 11/06/2003 | 2 | ARREST WARRANT ISSUED for Defendant Virgio G Perillo PRETRIAL DETENTION REQUESTED. by Judge Dennis J. Hubel (kw) (Entered: 11/07/2003) |
| 11/06/2003 | 3 | ARREST 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) | |
| 11/07/2003 | 4 | MINUTES 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) | |
| 11/12/2003 | 5 | ORDER by Judge Dennis J. Hubel setting conditions of release for Defendant Felix S Sicapero (cc: Counsel notified) (kw) (Entered: 11/12/2003) |
| 11/12/2003 | 6 | CRIMINAL 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) |
| 11/12/2003 | 7 | MINUTES 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) |
| 11/12/2003 | 8 | PLEA AGREEMENT as to Defendant Fairmont Shipping (kw) (Entered: 11/13/2003) |
| 11/12/2003 | 10 | ARREST WARRANT returned executed as to Felix S Sicapero 11/7/03 (schman) (Entered: 11/17/2003) |
| 11/13/2003 | 9 | MEMORANDUM IN SUPPORT OF PLEA AGREEMENT by Plaintiff USA re: Defendant Fairmont Shipping (Canada) Ltd [8-1] (kw) (Entered: 11/13/2003) |
| 11/14/2003 | 11 | 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) |
| 11/14/2003 | 12 | PETITION TO PLEAD GUILTY with attached Plea Agreement (with all original signatures) filed by Defendant Fairmont Shipping (Canada) Ltd (kw) (Entered: 11/17/2003) |
| 11/20/2003 | 13 | 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) |
| 11/21/2003 | 14 | MOTION TO AWARD PORTION OF FINE by USA (kw) (Entered: 11/21/2003) |
| 11/21/2003 | 15 | 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) |
| 11/21/2003 | 16 | 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) |
| 11/25/2003 | 17 | 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) |
| 11/25/2003 | 18 | MOTION FOR AMENDED ORDER OF AWARD by USA (Kirk) (Entered: 12/03/2003) |
| 11/25/2003 | 19 | MEMORANDUM IN SUPPORT OF PLEA AGREEMENT, MOTION FOR SUBSTANTIAL ASSISTANCE REDUCTION & SENTENCING MEMORANDUM by Plaintiff USA (Kirk) (Entered: 12/03/2003) |
| 11/26/2003 | 20 | MOTION TO DISMISS Indictment as to Botelho Shipping Corporation (Kirk) (Entered: 12/03/2003) |
| 11/26/2003 | 21 | 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) |
| 11/26/2003 | 22 | PETITION TO PLEAD GUILTY filed by Defendant Felix S Sicapero with attached Plea Agreement (rr) (Entered: 12/04/2003) |
| 12/01/2003 | 23 | 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) |
| 12/03/2003 | 24 | 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) |
| 12/04/2003 | 25 | 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) |
| 12/30/2003 | 26 | 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) |
| 02/23/2004 | 27 | 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) |
| 03/04/2004 | 28 | 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) |
| 03/11/2004 | 29 | 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) |
| 03/09/2005 | 30 | 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) |
| 01/07/2008 | 31 | Motion to Dismiss Indictment and Quash Warrant filed by USA as to Defendant Virgio G Perillo (3). (kw) (Entered: 01/07/2008) |
| 01/09/2008 | 32 | 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) |
| 02/25/2008 | 33 | 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) |
| 02/28/2008 | 34 | Motion to Dismiss Indictment and Quash Arrest Warrant filed by USA as to Virgio G Perillo. (Kerin, Scott) (Entered: 02/28/2008) |
| 02/29/2008 | 35 | 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) |