CLOSED

U.S. District Court
District of Alaska (Anchorage)
CRIMINAL DOCKET FOR CASE #: 3:04-cr-00130-JWS-1


Case title: USA v. Fairport Shipping LTD

Date Filed: 11/17/2004
Date Terminated: 07/07/2008

Assigned to: John W. Sedwick

Defendant (1)
Fairport Shipping LTD
TERMINATED: 07/07/2008
represented byBrian T. McCarthy
Chalos O'Connor & Duffy
366 Main Street
Port Washington, NY 11050
516-767-3600
Fax: 516-767-3605
Email: bmccarthy@codus-law.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Designation: Retained

Douglas R. Davis
Keesal, Young & Logan
1029 W 3rd Avenue, Suite 650
Anchorage, AK 99501
907-279-9696
Fax: 907-279-4239
Email: doug.davis@kyl.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
None

Highest Offense Level (Opening)
None

Terminated Counts

Disposition
18:1001(a)(1) CONCEALMENT OF A MATERIAL FACT
(1)
Count 4: 2 years probation; $100,000.00 fine; $400.00 special assessment. Counts 1, 2, 3, and 5 are Dismissed.
18:1001(a)(3) FALSE STATEMENT
(2-3)
Count 4: 2 years probation; $100,000.00 fine; $400.00 special assessment. Counts 1, 2, 3, and 5 are Dismissed.
33:1908(a)and 33 CFR 151.25(a) & (h) FAILURE TO MAINTAIN PROPER OIL RECORD BOOK
(4)
Count 4: 2 years probation; $100,000.00 fine; $400.00 special assessment. Counts 1, 2, 3, and 5 are Dismissed.
33:1908(a)and 33 CFR 151.25(a) & (h) FAILURE TO MAINTAIN PROPER OIL RECORD BOOK
(5)
Count 4: 2 years probation; $100,000.00 fine; $400.00 special assessment. Counts 1, 2, 3, and 5 are Dismissed.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byKaren Loeffler
U.S. Attorney's Office (Anch)
222 West 7th Avenue, #9
Anchorage, AK 99513
907-271-5071
Fax: 907-271-1500
Email: karen.loeffler@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Andrea T. Steward
U.S. Attorney's Office (Anch)
222 West 7th Avenue, #9
Anchorage, AK 99513
(907) 271-5071
Fax: 907-271-1500
Email: aunnie.steward@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
11/17/2004  All future filings will be in the CM/ECF System. All documents filed prior to January 3, 2006, are available for review at the Clerk's Office.(JAG, ) (Entered: 11/22/2005)
11/17/200412Copy of ACMS docket. Click on the hyperlink to access docket entries 1-12 from prior ACMS system.(JAG) (Entered: 11/22/2005)
11/17/2004Data Entry for Conversion; Indictment/counts entered. (LSC) (Entered: 11/30/2005)
09/26/2005  Set Deadline as to Fairport Shipping LTD: Status Report indicating what action has been taken to date to effectuate service, if any, on the defendant & how the govvernment intends to proceed due by 3/1/2006. (DPM, ) (Entered: 02/15/2006)
03/22/200613STATUS REPORT by USA as to Fairport Shipping LTD (Loeffler, Karen) (Entered: 03/22/2006)
03/23/200614 ORDER re 13 Status Report filed by USA as to Fairport Shipping LTD is accepted; Further status report indicating what action has been taken to date to effectuate service, if any, on the defendant & how the government intends to proceed due by 5/23/2006. (DPM, ) (Entered: 03/23/2006)
07/25/200615STATUS REPORT by USA as to Fairport Shipping LTD (Loeffler, Karen) (Entered: 07/25/2006)
07/26/200616MINUTE ORDER as to Fairport Shipping LTD; unless plea agreement or some form of closing doc is sooner fld updated stat rpt due 10/2/06. cc: USM, USPO (PRR, ) (Entered: 07/26/2006)
11/03/200617 ORDER as to Fairport Shipping LTD: The order at docket 16 required plaintiff to file either a plea agreement or an updated status report on October 2, 2006. Nothing has been filed. Unless a plea agreement or an updated status report showing good cause why this case should not be dismissed is filed no later than November 17, 2006, this case will be dismissed without prejudice for failure to prosecute. (EKS, COURT STAFF) (Entered: 11/03/2006)
11/17/200618STATUS REPORT by USA as to Fairport Shipping LTD (Loeffler, Karen) (Entered: 11/17/2006)
11/20/200619 JDR ORDER accepting 18 Status Report filed by USA, a further Status Report due by 12/8/2006. (RMC, COURT STAFF) (Entered: 11/20/2006)
12/08/200620STATUS REPORT by USA as to Fairport Shipping LTD (Loeffler, Karen) (Entered: 12/08/2006)
06/13/200721 JDR ORDER: The status report filed at docket 20 stated that the parties had reached an agreement, in principle. To date no further status report has been filed, accordingly, the government shall file a status report on or before June 20, 2007, with proposed dates for arraignment, plea and sentencing pursuant to the parties' agreement. cc: USM, USPO(RMC, COURT STAFF) (Entered: 06/13/2007)
12/10/200723 JDR ORDER: Government's Sealed Status Report filed at Docket No. 22 is accepted. A Status Conference is hereby scheduled for January 11, 2008 at 1:30 p.m. in Anchorage Courtroom 6 before John D. Roberts. (CLW, COURT STAFF) (Entered: 12/10/2007)
01/11/200824Minute Entry for proceedings held before Judge John D. Roberts :Status Conference as to Fairport Shipping LTD held on 1/11/2008. Status Report due in 45 days. (Court Recorder AMK.) Government Counsel-Bryan Schroder; USPO/PTS Officer-Pamela Shaw. cc: USPO.(AMK, COURT STAFF) (Entered: 01/11/2008)
04/23/200825 JDR TEXT ORDER Regarding status of case. Pursuant to the status conference held January 11, 2008 [Docket No. 24] the government shall file a status report on or before Monday, April 28, 2008. (DPM, COURT STAFF) (Entered: 04/23/2008)
05/07/200827 JDR TEXT ORDER: The status report filed at Docket No. 26 is hereby accepted. A Status conference is hereby scheduled for Monday, June 9, 2008 at 1:30 p.m. cc: USM, USPO. (CLW, COURT STAFF) (Entered: 05/07/2008)
06/04/200828 MOTION for Leave to Appear Non-Resident Attorney Attorney: Brian T. McCarthy. by Fairport Shipping LTD. (Attachments: # 1 Exhibit)(Davis, Douglas) (Entered: 06/04/2008)
06/04/200829NOTICE OF ATTORNEY APPEARANCE: Brian T. McCarthy appearing for Fairport Shipping LTD (McCarthy, Brian) (Entered: 06/04/2008)
06/04/200830NOTICE OF INTENT TO CHANGE PLEA as to Fairport Shipping LTD (McCarthy, Brian) (Entered: 06/04/2008)
06/05/200831NOTICE OF ATTORNEY APPEARANCE Andrea T. Steward appearing for USA. (Steward, Andrea) (Entered: 06/05/2008)
06/05/200832 MOTION Joint Motion for Consolidated Entry of Plea and Imposition of Sentence by USA as to Fairport Shipping LTD. (Attachments: # 1 Proposed Order)(Steward, Andrea) (Entered: 06/05/2008)
06/05/200833ORDER as to Fairport Shipping LTD: Change of Plea Hearing set for 8/12/2008 08:30 AM in Anchorage Courtroom 3 before John W. Sedwick. Sentencing 8/12/2008 08:30 AM in Anchorage Courtroom 3 before John W. Sedwick. (GMM, COURT STAFF) (Entered: 06/05/2008)
06/05/200834 JDR ORDER; as to Fairport Shipping LTD re 27 Order Setting Hearing; Status Conference previously set for 6/9/08 at 1:30 PM in Anchorage courtroom #6 before Judge John D. Roberts is hereby VACATED. cc: USM, USPO. (CLW, COURT STAFF) (Entered: 06/05/2008)
06/05/200835Receipt #132950 of $150.00 non-resident attorney payment for Brian T. McCarthy as to Fairport Shipping LTD. (NXL, COURT STAFF) Modified on 6/6/2008 to create relationship to dkt 28.(RMC, COURT STAFF). (Entered: 06/05/2008)
06/09/200836 ORDER re 32 Motion for Consolidated Entry of Plea and Imposition of Sentence as to Fairport Shipping LTD (1): The motion at docket 32, which was not seen by the court until after the order at docket 33 had been issued, is GRANTED as follows: (1) The order at docket 33 is VACATED. (2) The combined change of plea proceeding and impostion of sentence is set for 10:00 AM on June 23, 2008, in Courtroom 3. cc: USM, USPO (GMM, COURT STAFF) (Entered: 06/09/2008)
06/11/200837 JWS ORDER granting 28 Motion for Leave to Appear Non-Resident Attorney for Brian T. McCarthy as to Fairport Shipping LTD (1) (RMC, COURT STAFF) (Entered: 06/11/2008)
06/18/200838PLEA AGREEMENT as to Fairport Shipping LTD (Steward, Andrea) (Entered: 06/18/2008)
06/23/200839PLEA AGREEMENT as to Fairport Shipping LTD (AXG, COURT STAFF) (Entered: 06/26/2008)
06/23/200840Minute Entry for proceedings held before Judge John W. Sedwick: Proposed Change of Plea Hearing/Imposition of Sentence as to Fairport Shipping LTD held on 6/23/2008; Guilty Plea entered by Fairport Shipping LTD on count 4 of the Indictment; Count 4: 2 years probation; $100,000.00 fine; $400.00 special assessment; Plaintiff's Oral Motion to dismiss Counts 1, 2, 3, and 5; GRANTED. Court ordered bond exonerated upon payment of fine. (Court Recorder AXG.) Government Counsel-Karen Loeffler; Defense Counsel-Brian T. McCarthy; USPO/PTS Officer-Mary F. Barnes. Defendant Present On Bond. CC: USM, USPO, FINANCE (Attachments: # 1 Board Meeting Minutes) (AXG, COURT STAFF) Modified on 6/27/2008 to take text out re Sentence Memo due.(RMC, COURT STAFF). (Entered: 06/26/2008)
07/07/200841JUDGMENT as to Fairport Shipping LTD Count 4: 2 years probation; $100,000.00 fine; $400.00 special assessment. Counts 1, 2, 3, and 5 are Dismissed. Signed by Judge John W. Sedwick on 7/3/08. cc: USM, USPO, Finance. (DJE, COURT STAFF) (Entered: 07/07/2008)
07/25/200842PARTIAL TRANSCRIPT of Proceedings as to Fairport Shipping LTD; Proposed Change of Plea Hearing/Imposition of Sentence held on 06/23/08 before Judge John W. Sedwick. Court Recorder: AXG. This transcript was produced by A & T Transcripts (817) 685-7556. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may Transcript Deadline set for 8/25/2008. Release of Transcript Restriction set for 10/23/2008. (CGY, COURT STAFF) (Entered: 07/25/2008)
07/25/200843 NOTICE OF FILING OFFICIAL PARTIAL TRANSCRIPT as to Fairport Shipping LTD. Notice is hereby given that an official transcript of the Proposed Change of Plea/Imposition of Sentence held on 06/23/2008 has been filed in this case. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the transcriber, A & T Transcripts by calling (817) 685-7556 or view the document at the Clerk's Office public terminal. The ordering party will be telephonically notified, by the Clerk's Office, when the hard copy of the transcipt is received and ready for pick up. (CGY, COURT STAFF) (Entered: 07/25/2008)
09/01/201044ORDER & Report Terminating Probation as to Fairport Shipping LTD. Defendant is discharged from probation and proceedings in this case are terminated. Signed by Judge John W. Sedwick on 8/30/10. cc: USM, USPO (PXS, COURT STAFF) (Entered: 09/01/2010)