CLOSED

U.S. District Court
United States District Court for the District of Connecticut (New Haven)
CRIMINAL DOCKET FOR CASE #: 3:01-cr-00206-JBA-1


Case title: USA v. Fales Trucking Inc.

Date Filed: 08/24/2001
Date Terminated: 07/30/2003

Assigned to: Judge Janet Bond Arterton
Referred to: Judge Joan G. Margolis

Defendant (1)
Fales Trucking Inc.
TERMINATED: 08/01/2003
represented byJames W. Bergenn
Shipman & Goodwin -ConstPlza-Htfd
One Constitution Plaza
Hartford, CT 06103-1919
860-251-5639
Fax: 860-251-5219
Email: jbergenn@goodwin.com
TERMINATED: 08/01/2003
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Lee A. Duval
Shipman & Goodwin -ConstPlza-Htfd
One Constitution Plaza
Hartford, CT 06103-1919
860-251-5000
Fax: 860-251-5219
Email: lduval@goodwin.com
TERMINATED: 08/01/2003
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:1341.F FRAUDS AND SWINDLES-Mail fraud
(1)
Probation for a term of 5 years. Restitution in the amount of $104,000.00 shall be paid jointly and severally with Albert Lenoci, Jr. and Paul Pinto. Fales' escrow account of $26,000.00 with interest shall be applied to restitution. Fi ne of $15,000.00 at the rate of $250.00 per month, to comence in 15 days. Interest is waived if payments are timely made. Special Assessment of $400.00 for count 1 due immediately.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Interested Party
City of Bridgeport represented byCraig A. Raabe
Robinson & Cole
280 Trumbull St.
Hartford, CT 06103-3597
860-275-8200
Email: craabe@rc.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Edward J. Heath
Robinson & Cole
280 Trumbull St.
Hartford, CT 06103-3597
860-275-8297
Fax: 860-275-8299
Email: eheath@rc.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Jason Marc Kuselias
Robinson & Cole LLP
280 Trumbull Street
Hartford, CT 06103-3597
860-275-8200
Fax: 860-275-8299
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained


Plaintiff
USA represented byChristine L. Sciarrino
U.S. Attorney's Office-NH
157 Church St., 23rd floor
PO Box 1824
New Haven, CT 06510
203-821-3780
Fax: 203-773-5373
Email: Christine.Sciarrino@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

John H. Durham
U.S. Attorney's Office-NH
157 Church St., 23rd floor
PO Box 1824
New Haven, CT 06510
203-821-3700
Email: john.durham@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Michael R. Sklaire
Williams Mullen - VA
8270 Greensboro Dr.
Suite 700
McLean, VA 22102
703-760-5206
Fax: 703-748-0244
Email: msklaire@williamsmullen.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Ronald Scott Apter
U.S. Attorney's Office-HFD
450 Main St. Room 328
Hartford, CT 06103
860-947-1101
Fax: 860-240-3291
Email: Ronald.Apter@thehartford.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
08/09/2001MOTION by USA as to Fales Trucking Inc. to Transfer Case to Judge Arterton (Moore, P.) (Entered: 08/24/2001)
08/13/2001  ENDORSEMENT as to Fales Trucking Inc. granting, See Order of Transfer [1-1] motion to Transfer Case to Judge Arterton as to Fales Trucking Inc. (1) ( Signed by Judge Peter C. Dorsey ) (Moore, P.) (Entered: 08/24/2001)
08/13/2001ORDER of Transfer of Case ( signed by Judge Peter C. Dorsey ) to Judge Janet B. Arterton (Moore, P.) (Entered: 08/24/2001)
08/24/2001Initial presentment held as to Fales Trucking Inc. Defendant informed of rights. ( JBA) (Moore, P.) (Entered: 08/24/2001)
08/24/2001INFORMATION filed in open Court as to Fales Trucking Inc. (1) count(s) 1 (Moore, P.) (Entered: 08/24/2001)
08/24/2001WAIVER OF INDICTMENT executed in open court by Fales Trucking Inc. (Moore, P.) (Entered: 08/24/2001)
08/24/2001PETITION to Enter Plea of Guilty as to Fales Trucking Inc. ( Signed by Judge Janet B. Arterton ) (Moore, P.) (Entered: 08/24/2001)
08/24/2001Plea Agreement Letter as to Fales Trucking Inc. (Moore, P.) (Entered: 08/24/2001)
08/24/2001  PLEA entered by Fales Trucking Inc. . PLEA of GUILTY: Fales Trucking Inc. (1) count 1 Sentencing set for 2:30 p.m on 11/9/01 for Fales Trucking Inc. Court accepts plea. ( JBA) (Moore, P.) (Entered: 08/24/2001)
08/24/2001Exhibit List as to Fales Trucking Inc. Deftendant's exhibit #1 for ID to remain in the file per Judge Arterton (Moore, P.) (Entered: 08/24/2001)
10/04/2001MOTION by USA as to Fales Trucking Inc. to Postpone Sentencing until mid December 2001 (Moore, P.) (Entered: 10/05/2001)
10/10/2001  ENDORSEMENT as to Fales Trucking Inc. granting [9-1] motion to Postpone Sentencing until mid December 2001 reset Sentencing for 3:00 12/12/01 for Fales Trucking Inc. as to Fales Trucking Inc. (1), to Continue pursuant to 18:3161(h)(8) Time Excluded from 11/9/01 to 12/12/01 ( Signed by Judge Janet B. Arterton ) (Jefferson, V.) (Entered: 10/10/2001)
10/16/200110 TRANSCRIPT of proceedings held on 8/24/01 as to Fales Trucking Inc. ( Court Reporter: MONTINI, R.) (Jefferson, V.) (Entered: 10/17/2001)
11/27/200111 MOTION by USA as to Fales Trucking Inc. SEALED MOTION (document filed separate from case file) (Jefferson, V.) (Entered: 11/27/2001)
12/19/2001  ENDORSEMENT as to Fales Trucking Inc. granting [11-1] motion SEALED MOTION as to Fales Trucking Inc. (1) ( Signed by Judge Janet B. Arterton ) (Moore, P.) (Entered: 12/20/2001)
12/20/2001  Deadline updated as to Fales Trucking Inc., reset Sentencing for 2:30 p.m. on 5/21/02 for Fales Trucking Inc. (Moore, P.) (Entered: 12/20/2001)
04/26/200212 MOTION by USA as to Fales Trucking Inc. SEALED MOTION (document filed separate from case file) (Jefferson, V.) (Entered: 04/26/2002)
05/01/200213 Status conference held as to Fales Trucking Inc. ( JBA) (Jefferson, V.) (Entered: 05/02/2002)
05/02/200214 ENDORSEMENT ORDER as to Fales Trucking Inc. granting [12-1] motion SEALED MOTION as to Fales Trucking Inc. (1), to Continue pursuant to 18:3161(h)(8) Time Excluded from 5/21/02 to 7/24/02 , reset Sentencing for 2:30 7/24/02 for Fales Trucking Inc. ( Signed by Judge Janet B. Arterton ) (Jefferson, V.) (Entered: 05/02/2002)
07/10/200215 MOTION by Fales Trucking Inc. to Continue sentencing for 45 days (Torday, B.) (Entered: 07/11/2002)
07/11/2002  ENDORSEMENT as to Fales Trucking Inc. granting [15-1] motion to Continue sentencing for 45 days as to Fales Trucking Inc. (1), reset Sentencing for 2:30 9/12/02 for Fales Trucking Inc. ( Signed by Judge Janet B. Arterton ) (Torday, B.) (Entered: 07/11/2002)
09/03/200216 SENTENCING MEMORANDUM by Fales Trucking Inc. (Jefferson, V.) (Entered: 09/04/2002)
09/06/200217 MOTION by Fales Trucking Inc. to Postpone Sentencing to 9/26/02 (Jefferson, V.) (Entered: 09/06/2002)
09/09/200218 Appearance for Fales Trucking Inc. by Attorney Lee A. Duval (Jefferson, V.) (Entered: 09/10/2002)
09/09/200219 AFFIDAVIT of Cindy A. Fales by Fales Trucking Inc. Re: [16-1] Sentencing memorandum (Jefferson, V.) (Entered: 09/10/2002)
09/10/2002  ENDORSEMENT as to Fales Trucking Inc. granting [17-1] motion to Postpone Sentencing to 9/26/02 reset Sentencing for 11:00 9/26/02 for Fales Trucking Inc. as to Fales Trucking Inc. (1), to Continue pursuant to 18:3161(h)(8) Time Excluded from 9/12/02 to 9/26/02 ( Signed by Judge Janet B. Arterton ) (Jefferson, V.) (Entered: 09/12/2002)
09/19/200220 SENTENCING MEMORANDUM by USA as to Fales Trucking Inc. (Jefferson, V.) (Entered: 09/20/2002)
09/25/200221 MOTION by USA as to Fales Trucking Inc. For Authorization to Deposit Funds in Court Registry (Jefferson, V.) (Entered: 09/25/2002)
09/26/2002  ENDORSEMENT as to Fales Trucking Inc. granting [21-1] motion For Authorization to Deposit Funds in Court Registry as to Fales Trucking Inc. (1) ( Signed by Judge Janet B. Arterton ) (Jefferson, V.) (Entered: 09/26/2002)
09/27/200222 MOTION by Fales Trucking Inc. to Postpone Sentencing until after 11/4/02 (Jefferson, V.) (Entered: 09/27/2002)
09/27/200223 ORDER as to Fales Trucking Inc. granting [21-1] motion For Authorization to Deposit Funds in Court Registry ( Signed by Judge Janet B. Arterton ) (Jefferson, V.) (Entered: 09/27/2002)
10/11/2002  ENDORSEMENT as to Fales Trucking Inc. granting [22-1] motion to Postpone Sentencing until after 11/4/02 reset Sentencing for 3:00 3/17/03 for Fales Trucking Inc. as to Fales Trucking Inc. (1), to Continue pursuant to 18:3161(h)(8) Time Excluded from 9/26/02 to 3/17/03 ( Signed by Judge Janet B. Arterton ) (Jefferson, V.) (Entered: 10/11/2002)
11/08/200224 MOTION by USA as to Fales Trucking Inc. to Postpone Sentencing six months (Jefferson, V.) (Entered: 11/08/2002)
11/13/200225 ENDORSEMENT ORDER as to Fales Trucking Inc. granting [24-1] motion to Postpone Sentencing six months reset Sentencing for 4:00 4/29/03 for Fales Trucking Inc. as to Fales Trucking Inc. (1), to Continue pursuant to 18:3161(h)(8) Time Excluded from 3/17/03 to 4/29/03 ( Signed by Judge Janet B. Arterton) (Jefferson, V.) (Entered: 11/13/2002)
04/08/200326 FINAL SENTENCING SCHEDULING ORDER as to Fales Trucking Inc. US Probation first PSR made by 5/2/03. Objections due to Probation by 5/16/03. USPO final PSR made by 5/23/03. All memoranda in aid of sentencing filed by 5/30/03. Any replies filed by 6/9/03. reset Sentencing for 2:30 7/30/03 for Fales Trucking Inc. , to Continue pursuant to 18:3161(h)(8) Time Excluded from 4/29/03 to 7/30/03 ( Signed by Judge Janet B. Arterton ) (Jefferson, V.) (Entered: 04/09/2003)
05/20/200327 Appearance for City of Bridgeport by Attorney Craig A. Raabe, Edward J. Heath, Jason Marc Kuselias (Ruocco, M.) (Entered: 05/20/2003)
06/18/200328 MOTION by Fales Trucking Inc. for Leave to File Supplemental Sentencing Memorandum (Jefferson, V.) (Entered: 06/19/2003)
06/20/2003  ENDORSEMENT as to Fales Trucking Inc. granting [28-1] motion for Leave to File Supplemental Sentencing Memorandum as to Fales Trucking Inc. (1) ( Signed by Judge Janet B. Arterton ) (Torday, B.) (Entered: 06/20/2003)
06/20/200329 SUPPLEMENTAL SENTENCING MEMORANDUM by Fales Trucking Inc. as to Fales Trucking Inc. (Torday, B.) (Entered: 06/20/2003)
07/30/200330 Sentencing held Fales Trucking Inc. (1) count 1 ( JBA) (Jefferson, V.) (Entered: 07/31/2003)
07/30/200332 PRESENTENCE INVESTIGATION REPORT (Sealed) as to Fales Trucking Inc. PSI may be unsealed and returned to US Probation Office after 10 days if no appeal has been filed. (document filed separate from case file) (Moore, P.) (Entered: 08/20/2003)
07/31/2003  SPECIAL ASSESSMENT in the amount of $ 400.00 paid in full as to Fales Trucking Inc. . Receipt # N010016 (Carfora, C.) (Entered: 08/04/2003)
08/01/200331 JUDGMENT as to Fales Trucking Inc. (1) count 1. Probation for a term of 5 years. Restitution in the amount of $104,000.00 shall be paid jointly and severally with Albert Lenoci, Jr. and Paul Pinto. Fales' escrow account of $26,000.00 with interest shall be applied to restitution. Fine of $15,000.00 at the rate of $250.00 per month, to commence in 15 days. Interest is waived if payments are timely made. Special Assessment of $400.00 for count 1 due immediately. ( Signed by Judge Janet B. Arterton ) (Jefferson, V.) (Entered: 08/04/2003)
08/20/2003  Pre Sentence Report returned to U.S. Probation Office as to Fales Trucking Inc. (Moore, P.) (Entered: 08/20/2003)
08/22/200333 Acknowledged Receipt of PSI as to Fales Trucking Inc. from Probation Office (Jefferson, V.) (Entered: 08/22/2003)
09/15/200334 MOTION by USA as to Fales Trucking Inc. for Restitution Order (Jefferson, V.) (Entered: 09/15/2003)
10/15/200336RESTITUTION ORDER granting 34 Motion for Restitution Order as to Fales Trucking Inc. (1). Signed by Judge Janet Bond Arterton on 10/15/03. (Moore, P.) (Entered: 10/22/2003)
10/16/200335RESTITUTION ORDER as to Fales Trucking Inc. See Order for details . Signed by Judge Janet Bond Arterton on 10/15/03. (Moore, P.) Modified on 10/20/2003 (Moore, P.). (Entered: 10/20/2003)
12/12/2003  Restitution Payment by Fales Trucking Inc. in the amount of $651,715.98. Receipt #N011057. Full payment. Jointly & severally with Joseph Ganim, Paul Pinto, Leonard Grimaldi, Alfred Lenoci, Jr., Scott Arena and Brian Bannon. (Carfora, C.) (Entered: 12/12/2003)
12/08/2005  Attorney update in case as to Fales Trucking Inc.. Attorney Christine L. Sciarrino for USA added. (Torday, B.) (Entered: 12/08/2005)
12/08/200537 MOTION for examination of judgment debtor and for a Hearing on dft. ability to pay judgment by USA as to Fales Trucking Inc.. (Attachments: # 1 Exhibit)(Torday, B.) (Entered: 12/08/2005)
12/28/200538ORDER REFERRING MOTION as to Fales Trucking Inc. 37 MOTION for Hearing filed by USA, to Magistrate Judge Joan G. Margolis . Signed by Judge Janet Bond Arterton on 12/23/05. (Jefferson, V.) (Entered: 12/29/2005)
01/04/200639ORDER granting 37 Motion for Hearing as to Fales Trucking Inc. (1). Hearing to be held 3/6/06 @ 9:30 before JGM in Courtroom #5. Signed by Judge Joan G. Margolis on 1/3/06. (Jefferson, V.) (Entered: 01/05/2006)
01/19/200640 NOTICE OF E-FILED CALENDAR as to Fales Trucking Inc.: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Examination of Judgment Debtor Hearing for Defendant, through its agent, Cindy Fales, is set for 3/6/2006 at 09:30 AM in Courtroom Five, 141 Church Street, New Haven, CT before Judge Joan G. Margolis. IF THE MATTER SETTLES PRIOR TO THE HEARING, PLEASE NOTIFY THE MAGISTRATE JUDGE'S CHAMBERS. (Hill, M.) (Entered: 01/19/2006)
03/06/200641 ELECTRONIC ORDER cancelling EJD scheduled for today, as to Fales Trucking Inc., by agreement, without prejudice to renewal at a later time. THIS IS THE ONLY NOTICE COUNSEL WILL RECEIVE FROM THE COURT. Signed by Judge Joan G. Margolis on 3/6/06. (Margolis, Joan) (Entered: 03/06/2006)
03/07/200642ATTORNEY APPEARANCE Christine L. Sciarrino appearing for USA (Jefferson, V.) (Entered: 03/07/2006)
03/07/200643 Petition for Remission of Fine by USA as to Fales Trucking Inc.. (Jefferson, V.) (Entered: 03/07/2006)
03/10/200644ORDER So Ordered 43 Motion for Order for Remission of Fine as to Fales Trucking Inc. (1). Signed by Judge Janet Bond Arterton on 3/10/06. (Jefferson, V.) (Entered: 03/13/2006)