CLOSED,Exhibits,USMJ Gates

U.S. District Court
EASTERN DISTRICT OF NORTH CAROLINA (Southern Division)
CRIMINAL DOCKET FOR CASE #: 7:10-cr-00015-FL All Defendants


Case title: USA v. Freedman Farms, Inc. et al

Date Filed: 02/04/2010
Date Terminated: 02/13/2012

Assigned to: District Judge Louise Wood Flanagan

Defendant (1)
Freedman Farms, Inc.
TERMINATED: 02/13/2012
represented byJoseph E. Zeszotarski , Jr.
Poyner Spruill LLP
301 Fayetteville St., Suite 1900
P. O. Box 1801
Raleigh, NC 27601
919-783-1005
Fax: 783-1075
Email: jzeszotarski@poynerspruill.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Wayne James Payne
Powell and Payne
P. O. Box 2308
Shallotte, NC 28459
910-754-4389
Fax: 910-754-9411
Email: blvir@atmc.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

James M. Ayers , II
Ayers & Haidt, P.A.
P. O. Box 1544
New Bern, NC 28563-1544
252-638-2955
Fax: 252-638-3293
Email: jimayers2@embarqmail.com
TERMINATED: 12/01/2010
Designation: Retained

Pending Counts

Disposition
Violation of clean water act; aiding and abetting
(1)
Probation - 5 Years - Special Conditions imposed - Fine $500,000.00 - No Interest - Restitution held open for 90 days - Advised of Appeal Rights

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
False Statements; Aiding and abetting
(2)
Dismissed by the Court
False Statements; Aiding and abetting
(3)
Dismissed by the Court
Obstruction; Aiding and abetting
(4)
Dismissed by the Court

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: District Judge Louise Wood Flanagan

Defendant (2)
William Barry Freedman
TERMINATED: 02/13/2012
represented byMichael R Ramos
PO Box 2019
Shallotte, NC 28459
910-754-7557
Fax: 754-6229
Email: mramos@atmc.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Wayne James Payne
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
Negligent Violation of Clean Water Act
(1s)
Bureau of Prisons - 6 Months - Home Detention - 6 Months - Supervised Release - 1 Year - Special Conditions imposed - Counts 1 through 4 of the underlying Indictment dismissed by the Court - Special Assessment $25.00 - due in full immediately - No Fine - Restitution held open for 90 days - Defendant to surrender to begin serving his term of imprisonment no sooner than 7/1/2012 - Advised of Appeal Rights - Defendant released on conditions previously imposed

Highest Offense Level (Opening)
Misdemeanor

Terminated Counts

Disposition
Violation of clean water act; aiding and abetting
(1)
Dismissed by the Court
False Statements; Aiding and abetting
(2)
Dismissed by the Court
False Statements; Aiding and abetting
(3)
Dismissed by the Court
Obstruction; Aiding and abetting
(4)
Dismissed by the Court

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byGaston Williams
U.S. Attorney's Office
310 New Bern Ave.
Suite 800
Raleigh, NC 27601-1461
919-856-4530
Fax: 856-4487
Email: gaston.williams@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Mary Dee Carraway
U. S. Department of Justice
601 D. St., NW
Washington, DC 20004
202-305-0373
Fax: 202-305-0397
Email: mary.dee.carraway@usdoj.gov
ATTORNEY TO BE NOTICED

Richard E. Glaze
U.S. EPA
1291 Riverfall Lane
Lawrenceville, GA 30043
404-562-9554
Email: glaze.richard@epa.gov
TERMINATED: 08/24/2010

Date Filed #Docket Text
02/04/2010INDICTMENT as to Freedman Farms, Inc. (1) count(s) 1, 2, 3, 4, William Barry Freedman (2) count(s) 1, 2, 3, 4. (Crews, K) (Entered: 02/05/2010)
02/04/2010Summons Requested by US Attorney as to Freedman Farms, Inc., William Barry Freedman. (Crews, K) (Entered: 02/05/2010)
02/05/2010Summons Issued in case as to Freedman Farms, Inc. Initial Appearance set for 3/2/2010 10:30 AM in Wilmington - Courtroom 3 before USMJ Robert Jones. (Crews, K) (Entered: 02/05/2010)
02/05/2010Summons Issued in case as to William Barry Freedman. Initial Appearance set for 3/2/2010 10:30 AM in Wilmington - Courtroom 3 before USMJ Robert Jones. (Crews, K) (Entered: 02/05/2010)
03/01/2010NOTICE to the Court Regarding Pre-trial Release. (Williams, Gaston) (Entered: 03/01/2010)
03/01/2010Summons Returned Executed on 2/25/2010 as to Freedman Farms, Inc. (Grady, B.) (Entered: 03/01/2010)
03/01/2010Summons Returned Executed on 2/25/2010 as to William Barry Freedman. (Grady, B.) (Entered: 03/01/2010)
03/02/2010  Arrest of Freedman Farms, Inc., William Barry Freedman - self reported. ( Ms. Pearl W. Freedman, Vice President/Secretary for Corporation appeared.) (Eggleston, L.) (Entered: 03/02/2010)
03/02/201010 Minute Entry for proceedings held before USMJ Robert Jones:Initial Appearance as to Freedman Farms, Inc. (Ms. Pearl Freedman, Vice President, Secretary) held on 3/2/2010 held in Wilmington. Tim Severo, Assistant US Attorney; Dan Boyce, for Defendant; Erik Graf, US Probation. Government is not seeking detention. (Court Reporter FTR GOLD.) (Eggleston, L.) (Entered: 03/02/2010)
03/02/201011 Minute Entry for proceedings held before USMJ Robert Jones:Initial Appearance as to William Barry Freedman held on 3/2/2010 held in Wilmington. Tim Severo, Assistant US Attorney; Mike Ramos, for Defendant; Erik Graf, US Probation. Government is not seeking detention. (Court Reporter FTR GOLD.) (Eggleston, L.) (Entered: 03/02/2010)
03/02/201012 ORDER Setting Conditions of Release as to Freedman Farms, Inc. (1) Personal Recognizance signed by USMJ Robert Jones on 3/2/2010. Copy via US Mail to Ms. Freedman. (Eggleston, L.) (Entered: 03/02/2010)
03/02/201013 ORDER Setting Conditions of Release as to William Barry Freedman (2) Personal Recognizance signed by USMJ Robert Jones on 3/2/2010. Copy via US Mail to Mr. Freedman. (Eggleston, L.) (Entered: 03/02/2010)
03/03/2010  Set/Reset Hearings as to Freedman Farms, Inc., William Barry Freedman: Arraignment set for 5/3/2010 term in New Bern - Courtroom before Chief Judge Louise Wood Flanagan. (Rudd, D.) (Entered: 03/03/2010)
03/09/201014 SCHEDULING ORDER as to Freedman Farms, Inc., William Barry Freedman: Arraignment set for 5/3/2010 term of court in New Bern - Courtroom before Chief Judge Louise Wood Flanagan. The attorneys are ORDERED to conduct a pre-trial conference on or before 3/23/2010. Motions due by 4/6/2010. Response to Motion due by 4/23/2010. Signed by USMJ James E. Gates on 3/9/10. (Cress, L.) (Entered: 03/11/2010)
03/29/201015 NOTICE OF ATTORNEY APPEARANCE: Michael R Ramos appearing for William Barry Freedman. (Ramos, Michael) (Entered: 03/29/2010)
03/29/201016  MOTION for Extension of Time to file Pre-trial Motions until June 6, 2010. (Attachments: # 1 Text of Proposed Order) (Ramos, Michael) (Entered: 03/29/2010)
03/30/2010  Motion Submission as to William Barry Freedman re 16 MOTION for Extension of Time to file Pre-trial Motions until June 6, 2010 submitted to Chief Judge Flanagan for consideration. (Rudd, D.) (Entered: 03/30/2010)
04/05/201017 ORDER granting 16 Motion for Extension of Time as to William Barry Freedman (2). It is ORDERED that the deadline for filing pretrial motions is extended to 5/6/10 and the arraignment and trial be reset to the court's 6/1/10 term. Speedy trial time is excluded. Signed by Chief Judge Louise Wood Flanagan on 4/5/2010. Copies served electronically. (Rudd, D.) (Entered: 04/05/2010)
04/08/201018 RESPONSE to Motion by USA as to Freedman Farms, Inc., William Barry Freedman - re: 16 MOTION for Extension of Time to file Pre-trial Motions until June 6, 2010. (Attachments: # 1 Exhibit Miss Pearls Letter to Court) (Williams, Gaston) Modified on 4/9/2010 to open motion event (Baker, C.). (Entered: 04/08/2010)
04/13/2010  NOTICE OF HEARING as to Freedman Farms, Inc.: Arraignment set for 5/4/2010 01:30 PM in Greenville Annex - Courtroom before USMJ David W. Daniel. Internet Calendar Here (Rudd, D.) (Entered: 04/13/2010)
04/21/201019 NOTICE OF ATTORNEY APPEARANCE: James M. Ayers, II. appearing for Freedman Farms, Inc. (Ayers, James) (Entered: 04/21/2010)
04/21/201020 Request for discovery as to Freedman Farms, Inc. (Ayers, James) (Entered: 04/21/2010)
04/22/201021  MOTION to Continue Arraignment by Freedman Farms, Inc. (Attachments: # 1 Proposed Order) (Ayers, James) (Entered: 04/22/2010)
04/22/201022  MOTION for Extension of Time to File PreTrial Motions. (Attachments: # 1 Proposed Order) (Ayers, James) (Entered: 04/22/2010)
04/23/2010  Motion Submission as to Freedman Farms, Inc. - 21 MOTION to Continue Arraignment and 22 MOTION for Extension of Time to File PreTrial Motions submitted to Chief Judge Flanagan for consideration. (Baker, C.) (Entered: 04/23/2010)
04/26/201023 ORDER granting 21 Motion to Continue as to Freedman Farms, Inc. (1). Arraignment is continued to the court's 6/1/10 term. Speedy trial time is excluded. Signed by Chief Judge Louise Wood Flanagan on 4/25/2010. Copies served electronically. (Rudd, D.) (Entered: 04/26/2010)
04/26/201024 ORDER granting 22 Motion for Extension of Time as to Freedman Farms, Inc. (1). The defendant shall be allowed through and including 5/6/10 within which to file motions. The government shall file its responses to said motions within ten (10) business days after the service of defendant's motions. Signed by Chief Judge Louise Wood Flanagan on 4/25/2010. Copies served electronically. (Rudd, D.) (Entered: 04/26/2010)
04/26/201025 Second MOTION for Extension of Time to File, MOTION for Extension of Time To File Pre-Trial Motions until June 6, 2010 by William Barry Freedman. (Attachments: # 1 Text of Proposed Order) (Ramos, Michael) (Entered: 04/26/2010)
04/27/2010  MOTIONS as to William Barry Freedman REFERRED to Magistrate Judge: 25 Second MOTION for Extension of Time to File MOTION for Extension of Time To File Pre-Trial Motions until June 6, 2010 Motions referred to James E. Gates. (Rudd, D.) (Entered: 04/27/2010)
04/27/201026 ORDER granting in part 25 Motion for Extension of Time to File as to William Barry Freedman (2); granting in part 25 Motion for Extension of Time as to William Barry Freedman (2). It is ORDERED that the parties shall file all pre-trial motions no later than 5/19/10. Responses shall be filed no later than 5/26/10. Speedy trial time is excluded. Signed by USMJ James E. Gates on 4/27/2010. Copies served electronically. (Rudd, D.) (Entered: 04/27/2010)
04/27/201027 NOTICE OF ATTORNEY APPEARANCE: Wayne James Payne appearing for William Barry Freedman. (Payne, Wayne) (Entered: 04/27/2010)
05/03/201028 Second MOTION To Reset Arraignment and Trial by William Barry Freedman. (Attachments: # 1 Text of Proposed Order) (Ramos, Michael) (Entered: 05/03/2010)
05/05/201029 Second MOTION for Extension of Time to file Pre-Trial Motions. (Attachments: # 1 Proposed Order) (Ayers, James) (Entered: 05/05/2010)
05/05/201030 Second MOTION to Continue Arraignment & Trial by Freedman Farms, Inc. (Attachments: # 1 Proposed Order) (Ayers, James) (Entered: 05/05/2010)
05/05/2010  Motion Submission as to William Barry Freedman re 28 Second MOTION To Reset Arraignment and Trial submitted to Chief Judge Flanagan for consideration. (Rudd, D.) (Entered: 05/05/2010)
05/06/2010  Motion Submission as to Freedman Farms, Inc. - re: 30 Second MOTION to Continue Arraignment & Trial submitted to Chief Judge Flanagan for consideration. (Rudd, D.) (Entered: 05/06/2010)
05/06/2010  MOTIONS as to Freedman Farms, Inc. REFERRED to Magistrate Judge: 29 Second MOTION for Extension of Time to file Pre-Trial Motions Motions referred to James E. Gates. (Rudd, D.) (Entered: 05/06/2010)
05/06/201031 NOTICE Cautionary 404(b) Notice (Attachments: # 1 Exhibit Attachment to Notice) (Williams, Gaston) (Entered: 05/06/2010)
05/07/201032 ORDER granting 29 Motion for Extension of Time as to Freedman Farms, Inc. (1). It is Ordered that the parties shall file all pre-trial motions no later than 6/7/10. Responses shall be filed not later than 6/21/10. Speedy tiral time is excluded. Signed by USMJ James E. Gates on 5/7/2010. Copies served electronically. (Rudd, D.) (Entered: 05/07/2010)
05/10/201033 Third MOTION for Extension of Time to File Pre-Trial Motions until June 7, 2010. (Attachments: # 1 Text of Proposed Order) (Ramos, Michael) (Entered: 05/10/2010)
05/11/2010  MOTIONS as to William Barry Freedman REFERRED to Magistrate Judge: 33 Third MOTION for Extension of Time to File Pre-Trial Motions until June 7, 2010 Motions referred to James E. Gates. (Rudd, D.) (Entered: 05/11/2010)
05/12/201034 ORDER granting 33 Motion for Extension of Time as to William Barry Freedman (2). It is ORDERED that the parties shall file all pre-trial motions no later than 6/7/10. Responses shall be filed no later than 6/21/10. Signed by USMJ James E. Gates on 5/11/2010. Copies served electronically. (Rudd, D.) (Entered: 05/12/2010)
05/12/201035 ORDER granting 30 Motion to Continue Arraignment/Trial as to Freedman Farms, Inc. (1) and granting 28 Motion to Continue Arraignment/Trial as to William Barry Freedman (2). Arraignment/Trial continued to that criminal term of court commencing 08/02/2010. Speedy trial time is excluded. Signed by Chief Judge Louise Wood Flanagan on 05/12/2010. Copies served electronically. (Baker, C.) (Entered: 05/12/2010)
05/12/2010  Reset Hearings as to Freedman Farms, Inc. and William Barry Freedman: Arraignment reset for 8/2/2010 term in New Bern - Courtroom before Chief Judge Louise Wood Flanagan. (Baker, C.) (Entered: 05/12/2010)
05/17/201036 First MOTION for evidence under Rule 404(b) by William Barry Freedman. (Payne, Wayne) (Entered: 05/17/2010)
05/19/201037 NOTICE OF ATTORNEY APPEARANCE Richard E. Glaze appearing for USA. (Glaze, Richard) (Entered: 05/19/2010)
06/01/201038 Third MOTION for Extension of Time to File Pre-Trial Motions for Freedman Farms, et al. (Attachments: # 1 Proposed Order) (Ayers, James) (Entered: 06/01/2010)
06/02/2010  MOTIONS as to Freedman Farms, Inc. REFERRED to Magistrate Judge: 38 Third MOTION for Extension of Time to File Pre-Trial Motions for Freedman Farms, et al Motions referred to James E. Gates. (Rudd, D.) (Entered: 06/02/2010)
06/03/201039 ORDER granting 38 Motion for Extension of Time as to Freedman Farms, Inc. (1), William Barry Freedman (2). It is ORDERED that the parties shall file all pre-trial motions no later than 7/7/10. Responses shall be filed no later than 7/21/10. Speedy trial time is excluded. Signed by USMJ James E. Gates on 6/3/2010. Copies served electronically. (Rudd, D.) (Entered: 06/03/2010)
07/01/201040 Fourth MOTION for Extension of Time to file pre-trial motions until August 7, 2010. (Attachments: # 1 Text of Proposed Order) (Ramos, Michael) (Entered: 07/01/2010)
07/02/2010  MOTIONS as to Freedman Farms, Inc., William Barry Freedman REFERRED to Magistrate Judge: 40 Fourth MOTION for Extension of Time to file pre-trial motions until August 7, 2010 Motions referred to James E. Gates. (Rudd, D.) (Entered: 07/02/2010)
07/02/201041 ORDER denying 40 Motion for Extension of Time as to Freedman Farms, Inc. (1), William Barry Freedman (2). Because the trial date for this case is currently set for 2 August 2010 (see 35 ), the court is unable to extend the pretrial motions deadline as requested. Signed by U.S. Magistrate Judge James E. Gates on 07/02/2010. Copies served electronically. (Baker, C.) (Entered: 07/02/2010)
07/06/2010  NOTICE OF HEARING as to Freedman Farms, Inc., William Barry Freedman: Arraignment set for 7/29/2010 09:30 AM in Greenville - Courtroom before USMJ David W. Daniel. Internet Calendar Here (Rudd, D.) (Entered: 07/06/2010)
07/06/201042 Fifth MOTION for Extension of Time pre-trial motions and continuance of arraignment and trial until To be decided by the Court. (Attachments: # 1 Text of Proposed Order) (Ramos, Michael) (Entered: 07/06/2010)
07/07/2010  Motion Submission as to Freedman Farms, Inc., William Barry Freedman - 42 Fifth MOTION for Extension of Time pre-trial motions and continuance of arraignment and trial submitted to Chief Judge Flanagan for consideration. (Baker, C.) (Entered: 07/07/2010)
07/07/201043  MOTION for evidence under Rule 404(b) by Freedman Farms, Inc. as to Freedman Farms, Inc., William Barry Freedman. (Ayers, James) (Entered: 07/07/2010)
07/07/201044  MOTION for Release of Brady Materials by Freedman Farms, Inc.. (Ayers, James) (Entered: 07/07/2010)
07/07/201045  MOTION for Jenks Material by Freedman Farms, Inc.. (Ayers, James) (Entered: 07/07/2010)
07/07/201046  Motion For Statements of Witness(es) by Freedman Farms, Inc.. (Ayers, James) (Entered: 07/07/2010)
07/07/201047  MOTION to Continue Arraignment by Freedman Farms, Inc.. (Attachments: # 1 Proposed Order) (Ayers, James) (Entered: 07/07/2010)
07/07/2010  Motion Submission as to Freedman Farms, Inc. - 47 MOTION to Continue Arraignment submitted to Chief Judge Flanagan for consideration. (Baker, C.) (Entered: 07/07/2010)
07/07/201048  MOTION for Disclosure of Witness Statements by William Barry Freedman. (Ramos, Michael) (Entered: 07/07/2010)
07/07/201049  Motion For Favorable Evidence by William Barry Freedman. (Ramos, Michael) (Entered: 07/07/2010)
07/07/201050  MOTION For Order to Preserve Rough Notes by William Barry Freedman. (Ramos, Michael) (Entered: 07/07/2010)
07/12/201051 RESPONSE in Opposition by USA as to Freedman Farms, Inc., William Barry Freedman - re: 50 MOTION For Order to Preserve Rough Notes, 46 Motion For Statements of Witness(es) (Williams, Gaston) (Entered: 07/12/2010)
07/21/201052 RESPONSE in Opposition by USA as to Freedman Farms, Inc., William Barry Freedman - re: 44 MOTION for Release of Brady Materials, 49 Motion For Favorable Evidence. (Williams, Gaston) (Entered: 07/21/2010)
07/21/201053 RESPONSE in Opposition by USA as to Freedman Farms, Inc., William Barry Freedman - re: 48 MOTION for Disclosure of Witness Statements, 45 MOTION for Jenks Material. (Williams, Gaston) (Entered: 07/21/2010)
07/21/201054  MOTION to Continue Arraignment by Freedman Farms, Inc., William Barry Freedman. (Attachments: # 1 Text of Proposed Order) (Payne, Wayne) (Entered: 07/21/2010)
07/22/2010  Motion Submission as to Freedman Farms, Inc. and William Barry Freedman - 54 MOTION to Continue Arraignment submitted to Chief Judge Flanagan for consideration. (Baker, C.) (Entered: 07/22/2010)
07/22/201055 ORDER granting 42 Motion for Extension of Time as to Freedman Farms, Inc. (1) and William Barry Freedman (2)and denying as moot 47 Motion to Continue and 54 Motion to Continue. Pretrial motions due 08/07/10. The arraignment and trial are continued to this court's September 2010 term. Signed by Chief Judge Louise Wood Flanagan on 07/22/2010. Copies served electronically. (Baker, C.) (Entered: 07/22/2010)
07/22/2010  Reset Hearings as to Freedman Farms, Inc. and William Barry Freedman: Arraignment reset for 9/7/2010 term in New Bern - Courtroom before Chief Judge Louise Wood Flanagan. (Baker, C.) (Entered: 07/22/2010)
08/02/2010  MOTIONS as to Freedman Farms, Inc., William Barry Freedman REFERRED to Magistrate Judge: 36 First MOTION for evidence under Rule 404(b), 50 MOTION For Order to Preserve Rough Notes, 46 Motion For Statements of Witness(es), 44 MOTION for Release of Brady Materials, 43 MOTION for evidence under Rule 404(b), 48 MOTION for Disclosure of Witness Statements, 45 MOTION for Jenks Material, 49 Motion For Favorable Evidence Motions referred to James E. Gates. (Rudd, D.) (Entered: 08/02/2010)
08/05/201056 Sixth MOTION for Extension of Time TO FILE PRETRIAL MOTIONS until August 17, 2010 by William Barry Freedman as to Freedman Farms, Incorporated, William Barry Freedman. (Attachments: # 1 Text of Proposed Order) (Ramos, Michael) (Entered: 08/05/2010)
08/05/2010  NOTICE OF HEARING as to Freedman Farms, Inc., William Barry Freedman: Arraignment set for 9/13/2010 01:30 PM in Greenville - Courtroom before USMJ David W. Daniel. Internet Calendar Here (Rudd, D.) (Entered: 08/05/2010)
08/09/201057 RESPONSE to Motion by US Attorney as to Freedman Farms, Inc. and William Barry Freedman reference 56 Sixth MOTION for Extension of Time TO FILE PRETRIAL MOTIONS until August 17, 2010. (Williams, Gaston) (Entered: 08/09/2010)
08/09/201058 First MOTION to Compel Discovery by William Barry Freedman as to Freedman Farms, Inc. and William Barry Freedman. (Ramos, Michael) (Entered: 08/09/2010)
08/11/2010  MOTIONS as to Freedman Farms, Inc., William Barry Freedman REFERRED to Magistrate Judge: 56 Sixth MOTION for Extension of Time TO FILE PRETRIAL MOTIONS until August 17, 2010 Motions referred to James E. Gates. (Rudd, D.) (Entered: 08/11/2010)
08/19/201059 ORDER denying as moot 56 Motion for Extension of Time as to Freedman Farms, Inc. (1), William Barry Freedman (2) Signed by USMJ James E. Gates on 8/19/2010. Copies served electronically. (Rudd, D.) (Entered: 08/19/2010)
08/23/201060 RESPONSE in Opposition by USA as to Freedman Farms, Inc., William Barry Freedman - re: 58 First MOTION to Compel Discovery. (Attachments: # 1 Exhibit All Discovery Letters) (Williams, Gaston) (Entered: 08/23/2010)
08/24/2010  Motion Submission as to Freedman Farms, Inc., William Barry Freedman re 58 First MOTION to Compel Discovery submitted to Chief Judge Flanagan for consideration. (Rudd, D.) (Entered: 08/24/2010)
08/24/201061 NOTICE of Removal of Counsel. (Williams, Gaston) (Entered: 08/24/2010)
08/26/2010  MOTIONS as to Freedman Farms, Inc., William Barry Freedman REFERRED to Magistrate Judge: 58 First MOTION to Compel Discovery Motions referred to James E. Gates. (Rudd, D.) (Entered: 08/26/2010)
09/01/201062 ORDER denying as moot in part and denying on the merits in part 43 Motion for evidence under Rule 404(b) as to Freedman Farms, Inc. (1), William Barry Freedman (2); denying as moot 44 Motion for Release of Brady Materials as to Freedman Farms, Inc. (1); denying as moot 45 Motion for Jenks material as to Freedman Farms, Inc. (1); granting in part and denying in part 46 Motion For Statements of Witness(es) as to Freedman Farms, Inc. (1); denying as moot in part and denying on the merits in part 36 Motion for evidence under Rule 404(b) as to William Barry Freedman (2); denying as moot 48 Motion for Disclosure as to William Barry Freedman (2); denying as moot 49 Motion For Favorable Evidence as to William Barry Freedman (2); granting in part and denying in part 50 Motion for preservation and disclosure of agents' rough notes as to William Barry Freedman (2). Signed by USMJ James E. Gates on 9/1/2010. Copies served electronically. (Rudd, D.) (Entered: 09/01/2010)
09/02/201063 ORDER denying 58 Motion to Compel as to Freedman Farms, Inc. (1), William Barry Freedman (2). Signed by USMJ James E. Gates on 9/2/2010. Copies served electronically. (Rudd, D.) (Entered: 09/02/2010)
09/09/201064  MOTION to Continue Arraignment by Freedman Farms, Inc. as to Freedman Farms, Inc., William Barry Freedman. (Attachments: # 1 Text of Proposed Order) (Payne, Wayne) (Entered: 09/09/2010)
09/10/201065 RESPONSE to Motion by USA as to Freedman Farms, Inc., William Barry Freedman - re: 64 MOTION to Continue Arraignment. (Williams, Gaston) (Entered: 09/10/2010)
09/10/201066 ORDER granting 64 Motion to Continue Arraignment to the court's October 12, 2010 term as to Freedman Farms, Inc. (1) and William Barry Freedman (2). Signed by Chief Judge Louise Wood Flanagan on 9/10/10. (Lee, L.) (Entered: 09/10/2010)
09/10/2010   Reset Hearings as to Freedman Farms, Inc. and William Barry Freedman: Arraignment reset for 10/12/2010 term in New Bern Courtroom before Chief Judge Louise Wood Flanagan. (Lee, L.) (Entered: 09/10/2010)
09/21/2010  NOTICE OF HEARING as to Freedman Farms, Inc., William Barry Freedman: Arraignment set for 10/12/2010 09:30 AM in New Bern - Hearing Room before USMJ David W. Daniel. Internet Calendar Here (Rudd, D.) (Entered: 09/21/2010)
10/12/201067 Minute Entry for proceedings held before US Magistrate Judge David W. Daniel in New Bern: Arraignment as to Freedman Farms, Inc. (1) Count 1,2,3 and 4 held on 10/12/2010 - Plea entered by Freedman Farms, Inc. Not Guilty on counts 1,2,3 and 4 - Administrative Telephone Conference set for 10/13/2010 09:00 AM before Chief Judge Louise Wood Flanagan - Defendant release on same conditions of release. (Court Reporter Rebecca Crunk.) (Rudd, D.). (Entered: 10/12/2010)
10/12/201068 CONSENT TO PROCEED BEFORE MAGISTRATE JUDGE FOR FELONY ARRAIGNMENT by defendant Freedman Farms, Inc. (Rudd, D.) (Entered: 10/12/2010)
10/12/201069 Minute Entry for proceedings held before US Magistrate Judge David W. Daniel in New Bern: Arraignment as to William Barry Freedman (2) Count 1,2,3 and 4 held on 10/12/2010 - Plea entered by William Barry Freedman NOT GUILTY on counts 1,2,3 and 4 - Administrative Telephone Conference set for 10/13/2010 09:00 AM before Chief Judge Louise Wood Flanagan - Defendant released under same bond conditions. (Court Reporter Rebecca Crunk.) (Rudd, D.). (Entered: 10/12/2010)
10/12/201070 CONSENT TO PROCEED BEFORE MAGISTRATE JUDGE FOR FELONY ARRAIGNMENT by defendant William Barry Freedman. (Rudd, D.) (Entered: 10/12/2010)
10/13/2010  Minute Entry for proceedings held before Chief Judge Louise Wood Flanagan in New Bern: Telephone Conference as to Freedman Farms, Inc., William Barry Freedman held on 10/13/2010 - Present at telephonic conference: James Ayers for defendant Freedman Farms; Michael Ramos and James Payne for defendant William Freedman; Gaston Williams for government; Thomas Parnham and Lauren Loftis, Law Clerks; Donna Rudd, Case Manager; Case scheduling discussed - Estimated length of trial - 6 to 10 days total; Jury Selection to begin on 1/3/11 at 1:30 p.m. - Jury Trial to begin on 1/4/11 - The parties are to submit a proposed order to the court by 10/20/10 - Defendant's waive speedy trial. (Rudd, D.) (Entered: 10/13/2010)
10/13/201071 NOTICE OF HEARING as to Freedman Farms, Inc.: Jury Selection set for 1/3/2011 01:30 PM in New Bern - Courtroom before Chief Judge Louise Wood Flanagan. Jury Trial set for 1/4/2011 09:00 AM in New Bern - Courtroom before Chief Judge Louise Wood Flanagan. (Rudd, D.) Modified on 10/14/2010 to correct docket text to read Jury Selection is scheduled for 1/3/2011 and Jury Trial is scheduled for 1/4/2011. (Rudd, D.). (Entered: 10/13/2010)
10/13/201072 NOTICE OF HEARING as to William Barry Freedman: Jury Selection is scheduled for 1/3/2011 01:30 PM in New Bern - Courtroom before Chief Judge Louise Wood Flanagan. Jury Trial is scheduled for 1/4/2011 09:00 AM in New Bern - Courtroom before Chief Judge Louise Wood Flanagan. (Rudd, D.). (Entered: 10/13/2010)
10/22/201073 NOTICE Proposed Supplemental Briefing and Scheduling Calendar (Williams, Gaston) (Entered: 10/22/2010)
10/25/201074 ORDER as to Freedman Farms, Inc., William Barry Freedman re 73 - Supplemental Briefing and Scheduling Calendar is approved. Signed by Chief Judge Louise Wood Flanagan on 10/25/2010. Copies served electronically. (Rudd, D.) (Entered: 10/25/2010)
10/29/201075 NOTICE Second 404(b) Notice (Attachments: # 1 Exhibit Index and Part 1, # 2 Exhibit Part 2) (Williams, Gaston) (Entered: 10/29/2010)
10/29/201076 Proposed Voir Dire by US Attorney as to Freedman Farms, Inc., William Barry Freedman (Williams, Gaston). (Entered: 10/29/2010)
11/19/201077  MOTION to Withdraw as Attorney by James M. Ayers II; by Freedman Farms, Inc. as to Freedman Farms, Inc., William Barry Freedman. (Attachments: # 1 Proposed Order) (Ayers, James) (Entered: 11/19/2010)
11/19/2010  Motion Submission as to Freedman Farms, Inc. re 77 MOTION to Withdraw as Attorney by James M. Ayers II and Motion for Extension submitted to Chief Judge Flanagan for consideration. (Rudd, D.) (Entered: 11/19/2010)
11/24/201078  MOTION for Extension of Time to File by USA as to Freedman Farms, Inc., William Barry Freedman. (Williams, Gaston) (Entered: 11/24/2010)
11/24/2010  Motion Submission as to Freedman Farms, Inc., William Barry Freedman - 78 MOTION for Extension of Time to File Preliminary Trial Briefs submitted to Chief Judge Flanagan for consideration. (Baker, C.) (Entered: 11/24/2010)
11/29/201079 NOTICE MEMORANDUM OF LAW ON RAPANOS V. UNITED STATES (Ramos, Michael) (Entered: 11/29/2010)
11/29/201080 ORDER finding as moot 78 Motion for Extension of Time to File as to Freedman Farms, Inc. (1), William Barry Freedman (2) - 77 Motion to Withdraw as attorney - the position of the government is not represented and the time for making any response not yet expired, the court defers ruling pending timely response by the government or the expiration of the response time. Signed by Chief Judge Louise Wood Flanagan on 11/29/2010. Copies served electronically. (Rudd, D.) (Entered: 11/29/2010)
11/29/201081 RESPONSE to Motion by USA as to Freedman Farms, Inc., William Barry Freedman re 77 MOTION to Withdraw as Attorney by James M. Ayers II. (Williams, Gaston) (Entered: 11/29/2010)
11/30/2010  Motion Submission as to Freedman Farms, Inc., William Barry Freedman re 77 79 , 80 and 81 MOTION to Withdraw as Attorney by James M. Ayers II submitted to Chief Judge Flanagan for consideration. (Rudd, D.) (Entered: 11/30/2010)
11/30/201082 NOTICE OF ATTORNEY APPEARANCE: Joseph E. Zeszotarski, Jr appearing for Freedman Farms, Inc. (Zeszotarski, Joseph) (Entered: 11/30/2010)
12/01/201083 ORDER granting 77 Motion to Withdraw as Attorney James M. Ayers, II withdrawn from case as to Freedman Farms, Inc. (1), William Barry Freedman (2). The court allows up to and until 12/13/10 within which to file both preliminary and final trial briefs as referred to in order entered 10/25/10. Signed by Chief Judge Louise Wood Flanagan on 11/30/2010. Copies served electronically. (Rudd, D.) (Entered: 12/01/2010)
12/07/201084 Joint MOTION to Continue Trial Setting by Freedman Farms, Inc. as to Freedman Farms, Inc., William Barry Freedman. (Attachments: # 1 Text of Proposed Order) (Zeszotarski, Joseph) (Entered: 12/07/2010)
12/07/2010  Motion Submission as to Freedman Farms, Inc., William Barry Freedman re 84 Joint MOTION to Continue Trial Setting submitted to Chief Judge Flanagan for consideration. (Rudd, D.) (Entered: 12/07/2010)
12/08/201085 ORDER granting 84 Motion to Continue as to Freedman Farms, Inc. (1) and William Barry Freedman (2) - Trial reset to begin Monday, March 21, 2011 at New Bern. Trial will continue through Thursday of that week, and recommence as necessary the following Monday, March 28, 2011. Speedy trial time excluded. Proposed jury instructions and voir dire are now due Monday, March 7, 2011. Signed by Chief Judge Louise Wood Flanagan on 12/07/2010. Copies served electronically. (Baker, C.) (Baker, C.) (Entered: 12/08/2010)
12/08/2010  Reset Hearings as to Freedman Farms, Inc. and William Barry Freedman: Jury Selection reset for 3/21/2011 09:00 AM in New Bern - Courtroom before Chief Judge Louise Wood Flanagan. Jury Trial reset for 3/21/2011 09:30 AM in New Bern - Courtroom before Chief Judge Louise Wood Flanagan. (Baker, C.) (Entered: 12/08/2010)
12/13/201086 TRIAL BRIEF by Freedman Farms, Inc., William Barry Freedman (Zeszotarski, Joseph) (Entered: 12/13/2010)
12/13/201087 TRIAL BRIEF by USA as to Freedman Farms, Inc., William Barry Freedman (Williams, Gaston) (Entered: 12/13/2010)
12/28/201088 ORDER as to Freedman Farms, Inc. and William Barry Freedman - Having benefit of the now early trial briefs and several months until the commencement of trial in this matter, it appears to the undersigned that an expedited deadline for certain proposed jury instructions would help frame the issues and aid the court and parties in trial preparation. Therefore, the parties are now ORDERED to submit proposed jury instructions on those issues of law contained in the parties' trial briefs by January 24, 2011. The deadline for proposed jury instructions on all other matters, as well as proposed voir dire, is unaffected by this order and remains in place as set previously by the court in its order issued December 8, 2010. Signed by Chief Judge Louise Wood Flanagan on 12/28/2010. Copies served electronically. (Baker, C.) (Entered: 12/28/2010)
01/04/201189 NOTICE OF ATTORNEY APPEARANCE Mary Dee Carraway appearing for USA. (Carraway, Mary Dee) (Entered: 01/04/2011)
01/24/201190 Proposed Jury Instructions by USA as to Freedman Farms, Inc., William Barry Freedman (Williams, Gaston) (Entered: 01/24/2011)
01/24/201191 Proposed Jury Instructions by Freedman Farms, Inc., William Barry Freedman (Zeszotarski, Joseph) (Entered: 01/24/2011)
02/17/201192  MOTION to Continue Trial by Freedman Farms, Inc., William Barry Freedman. (Attachments: # 1 Text of Proposed Order) (Payne, Wayne) (Entered: 02/17/2011)
02/17/2011  Motion Submission as to Freedman Farms, Inc., William Barry Freedman re 92 MOTION to Continue Trial submitted to Chief Judge Flanagan for consideration. (Rudd, D.) (Entered: 02/17/2011)
02/17/201193 NOTICE Regarding Jury Instructions. Signed by Chief Judge Louise Wood Flanagan on 2/17/2011. (Rudd, D.) (Entered: 02/17/2011)
02/17/201194 ORDER denying 92 Motion to Continue as to Freedman Farms, Inc. (1), William Barry Freedman (2). Signed by Chief Judge Louise Wood Flanagan on 2/17/2011. Copies served electronically. (Rudd, D.) (Entered: 02/17/2011)
02/21/201195  MOTION for Reconsideration re 92 MOTION to Continue Trial filed by William Barry Freedman, Freedman Farms, Inc. by Freedman Farms, Inc., William Barry Freedman. (Payne, Wayne) (Entered: 02/21/2011)
02/22/201196 ORDER as to Freedman Farms, Inc., William Barry Freedman re 95 MOTION for Reconsideration re 92 MOTION to Continue Trial filed by William Barry Freedman, Freedman Farms, Inc. filed by William Barry Freedman, Freedman Farms, Inc. - Counsel for the government is ORDERED to respond to this motion by noon 2/23/11. Signed by Chief Judge Louise Wood Flanagan on 2/22/2011. Copies served electronically. (Rudd, D.) (Entered: 02/22/2011)
02/22/201197 RESPONSE to Motion by USA as to Freedman Farms, Inc., William Barry Freedman re 95 MOTION for Reconsideration re 92 MOTION to Continue Trial filed by William Barry Freedman, Freedman Farms, Inc. (Williams, Gaston) (Entered: 02/22/2011)
02/23/201198 NOTICE OF HEARING ON MOTION in case as to Freedman Farms, Inc., William Barry Freedman 95 MOTION for Reconsideration re 92 MOTION to Continue Trial filed by William Barry Freedman, Freedman Farms, Inc.: Motion Hearing set for 2/23/2011 at 4:30 PM in Telephonic before Chief Judge Louise Wood Flanagan. Case Manager will contact the parties with conferencing information. (Rudd, D.) (Entered: 02/23/2011)
02/23/201199 Re-NOTICE OF HEARING ON MOTION in case as to Freedman Farms, Inc., William Barry Freedman 95 MOTION for Reconsideration re 92 MOTION to Continue Trial filed by William Barry Freedman, Freedman Farms, Inc.: Motion Hearing set for 2/24/2011 at 11:30 AM in Telephonic before Chief Judge Louise Wood Flanagan. Conferencing information remains the same. (Rudd, D.) (Entered: 02/23/2011)
02/24/2011100 Order Setting Hearings - as to Freedman Farms, Inc., William Barry Freedman - This matter comes now before the court upon Motion to Reconsider Order Denying Defendant's Motion to Continue Trial (DE #95), filed February 21,2011, to which written response was made by the government. The court heard the motion today, and allowed same. Where the government asserts error by the court in its proposed instruction regarding "Water of the United States," noticed February 17, 2011, it noticed intention to file supplemental memorandum in furtherance of its position on or before March 4, 2011. Defendants, who agree with the court's proposed instruction, will file their response(s), if any, by March 11,2011. Jury Selection set for 6/20/2011 at 9:30 AM in New Bern - Courtroom before Chief Judge Louise Wood Flanagan. Jury Trial set for 6/27/2011 at 9:00 AM in New Bern - Courtroom before Chief Judge Louise Wood Flanagan. Signed by Chief Judge Louise Wood Flanagan on 2/24/2011. Copies served electronically. (Rudd, D.) (Entered: 02/24/2011)
03/03/2011102  MOTION for Reconsideration re 93 Notice (Other) and Incorp. Memorandum by USA as to Freedman Farms, Inc., William Barry Freedman. (Carraway, Mary Dee) (Entered: 03/03/2011)
03/11/2011103 ORDER as to Freedman Farms Incorporated and William Barry Freedman - This matter comes before the court to notify the parties of a minor change in the trial schedule that was set previously by the court during a telephonic hearing - Counsel should read order in its entirety for critical deadlines. Signed by Chief Judge Louise Wood Flanagan on 3/10/2011. (Rudd, D.) (Entered: 03/11/2011)
03/11/2011104 RESPONSE in Opposition by Freedman Farms, Inc., William Barry Freedman re 102 MOTION for Reconsideration re 93 Notice (Other) and Incorp. Memorandum (Zeszotarski, Joseph) (Entered: 03/11/2011)
03/14/2011105  MOTION to Compel by USA as to Freedman Farms, Inc., William Barry Freedman. (Williams, Gaston) (Entered: 03/14/2011)
03/14/2011  NOTICE OF TELEPHONIC CONFERENCE in case as to William Barry Freedman re 105 MOTION to Compel: Telephonic Conference set for 3/14/2011 at 05:00 PM in Telephonic before Chief Judge Louise Wood Flanagan. (Baker, C.) (Entered: 03/14/2011)
03/14/2011  Minute Entry for proceedings held before Chief Judge Louise Wood Flanagan: Telephonic Motion Hearing held on 3/14/2011 re 105 MOTION to Compel filed by USA - Present at conference: Gaston Williams and Mary Dee Carraway (counsel for government); Joseph Zesotarski, Wayne J. Payne and Michael R. Ramos (counsel for defendants); Lauren Loftis, Law Clerk; and, Christa Baker, Deputy Clerk. Arguments heard from counsel for government and defense. Court grants motion. Written order to follow. (Baker, C.) (Entered: 03/14/2011)
03/14/2011106 ORDER granting 105 Motion to Compel - Signed by Chief Judge Louise Wood Flanagan on 03/14/2011. (Baker, C.) (Entered: 03/14/2011)
03/22/2011  Motion Submitted as to Freedman Farms Incorporated and William Barry Freedman re 102 MOTION for Reconsideration re 93 Notice (Other) and Incorporated Memorandum to Chief Judge Flanagan. (Rudd, D.) (Entered: 03/22/2011)
04/06/2011  Reset Hearings as to Freedman Farms Incorporated and William Barry Freedman: Jury Selection set for 6/21/2011 09:30 AM in New Bern - Courtroom before Chief Judge Louise Wood Flanagan. Jury Trial set for 6/28/2011 09:00 AM in New Bern - Courtroom before Chief Judge Louise Wood Flanagan. (Rudd, D.) (Entered: 04/06/2011)
04/20/2011107  MOTION For Use of Jury Questionnaire by Freedman Farms, Inc.. (Attachments: # 1 Exhibit A - News Article, # 2 Exhibit B - News Article, # 3 Exhibit C - News Article, # 4 Exhibit D - Jury Questionnaire) (Zeszotarski, Joseph) (Entered: 04/20/2011)
05/10/2011  Motion Submitted to Chief Judge Louise Wood Flanagan as to Freedman Farms, Inc. - 107 MOTION For Use of Jury Questionnaire. (Baker, C.) (Entered: 05/10/2011)
05/10/2011109 RESPONSE in Opposition by USA as to Freedman Farms, Inc. re 107 MOTION For Use of Jury Questionnaire (Williams, Gaston) (Entered: 05/10/2011)
05/10/2011110  MOTION To File Out of Time Response as to Use of Jury Questionnaire re 109 Response in Opposition by USA as to Freedman Farms, Inc. (Attachments: # 1 Text of Proposed Order) (Williams, Gaston) (Entered: 05/10/2011)
05/10/2011  Motion Submitted to Chief Judge Louise Wood Flanagan as to Freedman Farms, Inc. - 110 MOTION to File Out of Time Response re 109 Response in Opposition. (Baker, C.) (Entered: 05/10/2011)
05/11/2011111 ORDER granting 110 Motion To File Out of Time Response as to Use of Jury Questionnaire re 109 Response in Opposition by USA as to Freedman Farms, Inc. Signed by Chief Judge Louise Wood Flanagan on 05/10/11. (Baker, C.) (Entered: 05/11/2011)
05/11/2011112 ORDER denying 107 Motion to utilize a jury questionnaire in the jury selection process as to Freedman Farms, Inc. and setting pretrial deadlines - The court ORDERS that the parties shall submit prposed voir dire and jury instructions no later than June 13, 2011. The government is permitted to supplement those previous filings mentioned by the court, should it find it appropriate to do so. If no submission by the government is timely received, the court will rely on the government's previous filings of October 29, 2010 and January 24, 2011. Signed by Chief Judge Louise Wood Flanagan on 05/11/2011. (Baker, C.) (Entered: 05/11/2011)
05/18/2011113 ORDER denying 102 Motion for Reconsideration as to Freedman Farms, Incorporated and William Barry Freedman. Signed by Chief Judge Louise Wood Flanagan on 5/17/2011. (Rudd, D.) (Entered: 05/18/2011)
06/09/2011114 Proposed Jury Instructions by William Barry Freedman as to Freedman Farms, Inc., William Barry Freedman (Ramos, Michael) (Entered: 06/09/2011)
06/09/2011115 Proposed Voir Dire by William Barry Freedman as to Freedman Farms, Inc., William Barry Freedman (Ramos, Michael) (Entered: 06/09/2011)
06/13/2011116 Supplement to Defendant's Request for Jury Instructions by William Barry Freedman as to Freedman Farms, Inc., William Barry Freedman (Ramos, Michael) (Entered: 06/13/2011)
06/13/2011117 Supplement to Proposed Voir Dire Questions by William Barry Freedman as to Freedman Farms, Inc., William Barry Freedman (Ramos, Michael) (Entered: 06/13/2011)
06/13/2011118 Proposed Jury Instructions (Supplemental-1) by USA as to Freedman Farms, Inc., William Barry Freedman (Williams, Gaston) (Entered: 06/13/2011)
06/14/2011119 Cautionary NOTICE of Impeachment by Evidence of Conviction of Crime Pursuant to Fed. R. Evid. 609 by USA (Attachments: # 1 Exhibit - Copy of Certifed Conviction Documents) (Williams, Gaston) (Entered: 06/14/2011)
06/14/2011  NOTICE TO COUNSEL re: 116 Supplement to Defendant's Request for Jury Instructions - Counsel is reminded to use a complete signature block on certificate of service (Form A in Policy Manual located on court website), as well as all pleadings. (Lee, B.) (Entered: 06/14/2011)
06/14/2011120 Cautionary NOTICE of Expert Under Fed. R. Evid. 701 & 702 (Williams, Gaston) (Entered: 06/14/2011)
06/14/2011  NOTICE OF DEFICIENCY as to Freedman Farms, Inc. and William Barry Freedman re: 120 Notice and 119 Notice - No signature block on certificate of service as to these pleadings. Counsel must refile corrected Certificate of Service as to these two pleadings (Form A in Policy Manual located on court website). (Lee, B.) (Entered: 06/14/2011)
06/14/2011121 First MOTION in Limine to Exclude by USA as to Freedman Farms, Inc., William Barry Freedman. (Williams, Gaston) (Entered: 06/14/2011)
06/14/2011122 Cautionary NOTICE of Variance by USA (Williams, Gaston) (Entered: 06/14/2011)
06/15/2011123  MOTION to Continue Trial by William Barry Freedman as to Freedman Farms, Inc., William Barry Freedman. (Attachments: # 1 Text of Proposed Order) (Ramos, Michael) (Entered: 06/15/2011)
06/15/2011  NOTICE OF DEFICIENCY as to Freedman Farms, Inc.and William Barry Freedman re: 122 Notice - Counsel is reminded to use a complete signature block on certificate of service (Form A in Policy Manual located on court website), as well as all pleadings. Counsel must refile a corrected Certificate of Service as to this pleading. (Lee, B.) (Entered: 06/15/2011)
06/15/2011124 Certificate of Service by William Barry Freedman as to Freedman Farms, Inc., William Barry Freedman re 116 Proposed Jury Instructions (Ramos, Michael) (Entered: 06/15/2011)
06/15/2011125 Certificate of Service by William Barry Freedman as to Freedman Farms, Inc., William Barry Freedman re 117 Proposed Voir Dire (Ramos, Michael) (Entered: 06/15/2011)
06/15/2011126 RESPONSE in Opposition by USA as to Freedman Farms, Inc., William Barry Freedman re 123 MOTION to Continue Trial (Williams, Gaston) (Entered: 06/15/2011)
06/15/2011  Motion Submitted as to Freedman Farms, Inc. and William Barry Freedman re 123 MOTION to Continue Trial to Chief Judge Louise Wood Flanagan. (Rudd, D.) (Entered: 06/15/2011)
06/15/2011  NOTICE OF DEFICIENCY as to Freedman Farms, Inc. and William Barry Freedman re: 126 Response in Opposition - There is no signature block on the Certificate of Service page (see Form A in Policy Manual located on court website). Counsel is directed to refile a corrected Certificate of Service as to this filing. (Lee, B.) (Entered: 06/15/2011)
06/16/2011127 ORDER as to Freedman Farms, Incorporated and William Barry Freedman re 123 MOTION to Continue Trial filed by William Barry Freedman - In an aid to the court's decision making defendants are ORDERED to file a supplement to their motion no later than the close of business Friday, 6/17/2011. Counsel should read order in its entirety for critical information and deadlines. Signed by Chief Judge Louise Wood Flanagan on 6/15/2011. (Rudd, D.) (Entered: 06/16/2011)
06/17/2011128 RESPONSE TO ORDER DE 127 (entitled Supplement to Motion to Continue) by Freedman Farms, Inc. and William Barry Freedman (Zeszotarski, Joseph) (Entered: 06/17/2011)
06/17/2011129 RESPONSE in Opposition by Freedman Farms, Inc., William Barry Freedman re 121 First MOTION in Limine to Exclude Evidence (Zeszotarski, Joseph) (Entered: 06/17/2011)
06/17/2011130  MOTION in Limine to Limit Government Expert Testimony and Incorporated Memorandum of Law by Freedman Farms, Inc., William Barry Freedman. (Zeszotarski, Joseph) (Entered: 06/17/2011)
06/17/2011  Motion Submitted as to Freedman Farms, Incorporated and William Barry Freedman re 130 MOTION in Limine to Limit Government Expert Testimony and Incorporated Memorandum of Law, Response to Order 128 and Response to Order 129 to Chief Judge Louise Wood Flanagan. (Rudd, D.) (Entered: 06/17/2011)
06/17/2011131 NOTICE of Intent to File Motion to Revoke and or Detain (Williams, Gaston) (Entered: 06/17/2011)
06/17/2011132 ORDER denying 123 Motion to Continue as to Freedman Farms, Incorporated and William Barry Freedman. Counsel should read order in its entirety for critical information and deadlines. Signed by Chief Judge Louise Wood Flanagan on 6/17/2011. (Rudd, D.) (Entered: 06/17/2011)
06/17/2011133  Motion for revocation of pretrial release by USA as to Freedman Farms, Inc., William Barry Freedman. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit) (Williams, Gaston) (Entered: 06/17/2011)
06/20/2011134 NOTICE TO COUNSEL - Please take note of attachments hereto in your trial planning - The Court will also take up the motion for revocation of the individual's defendant's conditions of release after jury selection and also rule on any other pre-trial matters. Counsel should read Notice in its entirety for critical information and deadlines. (Rudd, D.) (Entered: 06/20/2011)
06/20/2011  Set Hearing as to William Barry Freedman 133 Motion for revocation of pretrial release. Motion Hearing set for 6/21/2011 09:30 AM in New Bern - Courtroom before Chief Judge Louise Wood Flanagan. (Rudd, D.) (Entered: 06/20/2011)
06/20/2011  NOTICE OF DEFICIENCY as to Freedman Farms, Inc. and William Barry Freedman re: 133 Motion for revocation of pretrial release - Counsel did not describe exhibits. Section L (2)(b) on page 18 of Policy Manual states: Attachments and exhibits must be identified with a clear and complete description of the document. (e.g., Exhibit 1 is insufficient. Affidavit of Jane Doe would meet the requirement.) Document must be refiled with each exhibit properly described. (Lee, B.) (Entered: 06/20/2011)
06/20/2011135 RESPONSE in Opposition by Freedman Farms, Inc., William Barry Freedman re 121 First MOTION in Limine to Exclude (Zeszotarski, Joseph) (Entered: 06/20/2011)
06/20/2011136  MOTION in Limine to Exclude Government's Proposed Rule 404(b) Evidence by Freedman Farms, Inc. and William Barry Freedman. (Attachments: # 1 Exhibit A -Government's Index of Proposed 404(b) Evidence) (Zeszotarski, Joseph) (Entered: 06/20/2011)
06/20/2011137 Corrected Motion for revocation of pretrial release by USA as to Freedman Farms, Inc., William Barry Freedman. (Attachments: # 1 Exhibit Front Red Dodge Truck, # 2 Exhibit Side Red Dodge Truck, # 3 Exhibit Rear Red Dodge Truck, # 4 Exhibit DMV Record for Tags on Red Dodge Truck) (Williams, Gaston) (Entered: 06/20/2011)
06/20/2011138 RESPONSE in Opposition by USA as to Freedman Farms, Inc., William Barry Freedman re 130 MOTION in Limine to Limit Government Expert Testimony and Incorporated Memorandum of Law (Carraway, Mary Dee) (Entered: 06/20/2011)
06/21/2011  Motions Submitted as to Freedman Farms, Incorporated and William Barry Freedman re 121 First MOTION in Limine to Exclude, 136 MOTION in Limine to Exclude Government's Proposed Rule 404(b) Evidence, 137 Corrected Motion for revocation of pretrial release to Chief Judge Louise Wood Flanagan. (Rudd, D.) (Entered: 06/21/2011)
06/21/2011139 Minute Entry for proceedings held before Chief Judge Louise Wood Flanagan in New Bern, NC - Jury Selection, Voire Dire and Motion Hearing re 137 Corrected Motion for revocation of pretrial release filed by USA as to Freedman Farms, Inc. and William Barry Freedman held on 6/21/2011 - Defendants present with counsel - 55 jurors present for service - Panel sworn/affirmed - Twelve jurors and two alternates selected - Jurors admonished and excused and directed to return June 28, 2011 at 9:00 a.m. - Court denies 137 Corrected Motion for revocation of pretrial release and modifies conditions of release - Written order as to modifications to follow - Administrative matters concerning commencement of trial addressed - Defendant remains on conditions of release as modified. (Court Reporter - Harry Hagopian) (Baker, C.) (Entered: 06/21/2011)
06/21/2011140 ORDER MODIFYING CONDITIONS OF PRETRIAL RELEASE as to William Barry Freedman - Signed by Chief Judge Louise Wood Flanagan on 06/21/2011. (Baker, C.) (Entered: 06/21/2011)
06/21/2011149 WITNESS LIST by USA as to Freedman Farms, Inc., William Barry Freedman. (Baker, C.) (Entered: 07/06/2011)
06/21/2011152 WITNESS LIST by Freedman Farms, Inc., William Barry Freedman. (Baker, C.) (Entered: 07/06/2011)
06/25/2011141 NOTICE to Chambers, Advisory, and Request for Leave of Court (subject to approval) to Arrange Counsel Table of United States (Williams, Gaston) (Entered: 06/25/2011)
06/27/2011142 ORDER denying 121 Motion in Limine and granting 130 Motion in Limine - The government's motion in limine to exclude evidence relating to presence or absence of environmental harm (DE # 121) is DENIED, but with reference to that evidence sought to be excluded by the government, the parties may suggest limiting instruction(s) cautioning the jury that it cannot consider this evidence but for a certain purpose. At hearing tomorrow, in advance of trial, noticed to convene at 8:30 a.m., the parties shall tender any proposed instruction of or relating to this issue. Defendants' motion in limine to exclude expert opinion as to whether Browder's Branch is a water of the United States or whether it possesses a significant nexus with other waters (DE # 130) is GRANTED. Signed by Chief Judge Louise Wood Flanagan on 06/27/2011. (Baker, C.) (Entered: 06/27/2011)
06/28/2011143 Minute Entry for proceedings held before Chief Judge Louise Wood Flanagan in New Bern, NC - Jury Trial as to Freedman Farms, Inc., William Barry Freedman held on 6/28/2011 - DAY ONE - 14 jurors present for service and impaneled - Oath administered by the clerk. Opening statements by the parties. Evidence of the government begins. Court admonished jurors and excused for the evening receess to return on 06/29/2011 at 9:00 a.m. (Court Reporter Harry Hagopian) (Baker, C.) Modified on 6/30/2011 to correct docket entry text. (Baker, C.) (Entered: 06/29/2011)
06/29/2011144 Minute Entry for proceedings held before Chief Judge Louise Wood Flanagan in New Bern, NC - Jury Trial as to Freedman Farms, Inc., William Barry Freedman held on 6/29/2011 - DAY TWO - 14 jurors present for service - Defendant William Barry Freedman present with counsel - Government's evidence continues - Court admonished jurors and excused for the evening recess to return on 06/30/2011 at 9:00 a.m. (Court Reporter - Harry Hagopian) (Baker, C.) Modified on 6/30/2011 to correct docket entry text. (Baker, C.) (Entered: 06/30/2011)
06/30/2011145 Minute Entry for proceedings held before Chief Judge Louise Wood Flanagan in New Bern, NC - Jury Trial as to Freedman Farms, Inc., William Barry Freedman held on 6/30/2011 - DAY THREE - 14 jurors present for service - Defendants present with counsel - Government's evidence continues - Court admonished jurors and excused for the evening recess to return on 07/01/2011 at 9:00 a.m. (Court Reporter - Harry Hagopian) (Baker, C.) (Entered: 07/01/2011)
07/01/2011146 Minute Entry for proceedings held before Chief Judge Louise Wood Flanagan in New Bern, NC - Jury Trial as to Freedman Farms, Inc., William Barry Freedman held on 7/1/2011 - DAY FOUR - 14 jurors present for service - Defendants present with counsel - Government's evidence continues - Court admonished jurors and excused for the weekend recess to return on 07/05/2011 at 9:00 a.m. Counsel to return on 07/05/2011 at 8:30 a.m. (Court Reporter - Harry Hagopian) (Baker, C.) (Entered: 07/01/2011)
07/04/2011147  MOTION REQUEST FOR MICHAEL M. WYLIE TO REMAIN IN COURTROOM by USA as to Freedman Farms, Inc., William Barry Freedman. (Williams, Gaston) (Entered: 07/04/2011)
07/05/2011148 Minute Entry for proceedings held before Chief Judge Louise Wood Flanagan in New Bern, NC - Jury Trial as to Freedman Farms, Inc., William Barry Freedman held on 7/5/2011 - DAY FIVE - 14 jurors present for service - Defendants present with counsel - Government's evidence continues - Court grants in part and denies in part governments 147 Motion/Request that Michael M. Wylie Remain in the Courtroom During Evidence Presentation. Court admonished jurors and excused for the evening recess to return on 07/06/2011 at 9:30 a.m. Counsel to return on 07/06/2011 at 9:00 a.m (Baker, C.) (Entered: 07/05/2011)
07/05/2011  ORAL ORDER granting in part and denying in part 147 Motion/Request for Michael Wylie to Remain in Courtroom During Evidence Presentation - Entered in open court by Chief Judge Louise Wood Flanagan on 07/05/2011. (Baker, C.) (Entered: 07/05/2011)
07/06/2011150 Minute Entry for proceedings held before Chief Judge Louise Wood Flanagan in New Bern, NC - Jury Trial as to Freedman Farms, Inc., William Barry Freedman held on 7/6/2011 - DAY SIX - 14 jurors present for service - Defendants present with counsel - Parties report stipulated settlement to court - Change of Plea Hearing as to Freedman Farms, Inc., William Barry Freedman held - Defendants sworn/affirmed - Plea entered by Freedman Farms, Inc. - Guilty as to Count 1 - Counts 2,3, 4 to be dismissed at sentencing. Plea entered by William Barry Freedman - Guilty as to Count 1 of Criminal Information - Indictment to be dismissed at sentencing. Waiver of indictment executed in open court by William Barry Freedman. Defendants advised of all rights, charges, and penalties by the court. Memorandums of Plea Agreement filed as to each defendant. Court conditionally accepts pleas and revises terms of release as to defendant William Barry Freedman. (Court Reporter - Harry Hagopian) (Baker, C.) (Entered: 07/06/2011)
07/06/2011151 Jury Seating Arrangement as to Freedman Farms, Inc., William Barry Freedman. (Baker, C.) (Entered: 07/06/2011)
07/06/2011153 WAIVER OF INDICTMENT by William Barry Freedman. (Baker, C.) (Entered: 07/06/2011)
07/06/2011154 MEMORANDUM OF PLEA AGREEMENT (conditionally accepted) as to Freedman Farms, Inc. (Baker, C.) (Entered: 07/06/2011)
07/06/2011155 CRIMINAL INFORMATION as to William Barry Freedman. (Baker, C.) (Entered: 07/06/2011)
07/06/2011156 MEMORANDUM OF PLEA AGREEMENT (conditionally accepted) as to William Barry Freedman. (Baker, C.) (Entered: 07/06/2011)
07/06/2011157 TRIAL EXHIBIT LIST. (Baker, C.) (Entered: 07/06/2011)
07/07/2011160 ORDER as to Freedman Farms, Inc. and William Barry Freedman - This written order serves to memorialize oral modifications of conditions of release for defendant William Barry Freedman, which modifications were made on July 6, 2011, in open court. Signed by Chief Judge Louise Wood Flanagan on 7/7/11. (Tripp, S.) (Entered: 07/08/2011)
07/15/2011161 OFFICIAL TRANSCRIPT OF TRIAL PROCEEDINGS, EXCERPT OF TESTIMONY OF MICHAEL WYLIE, as to Freedman Farms, Inc., William Barry Freedman held on 7/5/2011, before Chief United States District Judge Louise Wood Flanagan. Court Reporter Harry Hagopian, Telephone number (252) 637-1200; E-mail: hhagopian@aol.com. Transcript may be purchased through the Court Reporter or viewed at the court public terminal before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's website. Redaction Request due 8/5/2011. Redacted Transcript Deadline set for 8/15/2011. Release of Transcript Restriction set for 10/13/2011. (Hagopian, Harry) (Entered: 07/15/2011)
07/15/2011  NOTICE of Filing of Official Transcript 161 Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Hagopian, Harry) (Entered: 07/15/2011)
07/25/2011  Set Hearing as to Freedman Farms, Inc. and William Barry Freedman: Sentencing set for 10/31/2011 at 9:30 AM in New Bern - Courtroom before Chief Judge Louise Wood Flanagan. (Tripp, S.) (Entered: 07/25/2011)
08/18/2011162  MOTION to Continue Sentencing by William Barry Freedman as to Freedman Farms, Inc., William Barry Freedman. (Attachments: # 1 Text of Proposed Order) (Ramos, Michael) (Entered: 08/18/2011)
08/18/2011  Motion Submitted to Chief Judge Louise Wood Flanagan as to Freedman Farms, Inc. and William Barry Freedman re 162 MOTION to Continue Sentencing. (Tripp, S.) (Entered: 08/18/2011)
08/19/2011163 ORDER granting 162 Motion to Continue as to Freedman Farms, Inc. (1) and William Barry Freedman (2). Sentencing is continued until this court's December 2011 term. Signed by Chief Judge Louise Wood Flanagan on 8/19/11. (Tripp, S.) (Entered: 08/19/2011)
08/19/2011  Reset Hearing as to Freedman Farms, Inc. and William Barry Freedman: Sentencing reset for December 2011 term in New Bern - Courtroom before Chief Judge Louise Wood Flanagan. (Tripp, S.) (Entered: 08/19/2011)
10/19/2011164  MOTION to Continue Sentencing by USA as to Freedman Farms, Inc., William Barry Freedman. (Williams, Gaston) (Entered: 10/19/2011)
10/19/2011  NOTICE OF DEFICIENCY - Failure to File Proposed Order by USA as to Freedman Farms, Inc., William Barry Freedman re 164 Motion to Continue Sentencing - Pursuant to Local Criminal Rule 47.1, or the judges practice preferences on the court's website, counsel must submit a proposed order. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category. Additionally, the judge's practice preferences MAY require counsel to email the proposed order in a word processing format. (Tripp, S.) (Entered: 10/19/2011)
10/20/2011165 (Amended) MOTION to Continue Sentencing by USA as to Freedman Farms, Inc. and William Barry Freedman. (Attachments: # 1 Text of Proposed Order) (Williams, Gaston) (Entered: 10/20/2011)
10/20/2011  Motion Submitted to District Judge Louise Wood Flanagan as to Freedman Farms, Inc. and William Barry Freedman re 165 Amended MOTION to Continue Sentencing to Include Proposed Order. (Rudd, D.) (Entered: 10/20/2011)
10/21/2011166 ORDER granting 165 Motion to Continue Sentencing as to Freedman Farms, Inc. and William Barry Freedman. The sentencing hearing is continued until 1/9/2012 at 9:30 am in New Bern. *Absent a continuance, this order will constitute the only notice of hearing provided by the court. The courts calendar will be madeavailable approximately three weeks prior to sentencing. Signed by District Judge Louise Wood Flanagan on 10/20/2011. (Rudd, D.) (Entered: 10/21/2011)
11/21/2011  Reset Hearing as to Freedman Farms, Inc. and William Barry Freedman: Sentencing reset for 1/9/2012 at 9:30 AM in New Bern - Courtroom before District Judge Louise Wood Flanagan. (Rudd, D.) (Entered: 11/21/2011)
11/23/2011167  MOTION for Extension of Time to File Response to Presentence Investigation Report, and MOTION to Continue Sentencing by William Barry Freedman as to Freedman Farms, Inc. and William Barry Freedman. (Attachments: # 1 Text of Proposed Order) (Ramos, Michael) (Entered: 11/23/2011)
11/23/2011  Motion Submitted to District Judge Louise Wood Flanagan as to Freedman Farms, Inc. and William Barry Freedman re 167 MOTION for Extension of Time to File Response/Reply to Presentence Investigation Report and MOTION to Continue Sentencing. (Tripp, S.) (Entered: 11/23/2011)
11/23/2011168 ORDER granting 167 Motion for Extension of Time to File Response and granting 167 Motion to Continue Sentencing as to Freedman Farms, Inc. and William Barry Freedman. Sentencing is continued until 1/30/2012 at 9:30 AM in New Bern. Responses to presentence investigation report due by 12/29/2011. Signed by District Judge Louise Wood Flanagan on 11/23/11. (Tripp, S.) (Entered: 11/23/2011)
11/23/2011  Reset Hearing as to Freedman Farms, Inc. and William Barry Freedman: Sentencing reset for 1/30/2012 at 9:30 AM in New Bern - Courtroom before District Judge Louise Wood Flanagan. (Tripp, S.) (Entered: 11/23/2011)
01/12/2012170  MOTION for Downward Departure and Variance and Incorporated Memorandum of Law by William Barry Freedman. (Ramos, Michael) (Entered: 01/12/2012)
01/17/2012  Motion Submitted to District Judge Louise Wood Flanagan as to William Barry Freedman re 170 MOTION for Downward Departure and Variance and Incorporated Memorandum of Law. (Tripp, S.) (Entered: 01/17/2012)
01/20/2012172 PRESENTENCE INVESTIGATION REPORT (Sealed) as to William Barry Freedman. (Dotson, S.) (Entered: 01/20/2012)
01/20/2012174 PRESENTENCE INVESTIGATION REPORT (Sealed) as to Freedman Farms, Inc.. (Dotson, S.) (Entered: 01/20/2012)
01/23/2012176 RESPONSE in Opposition by USA as to William Barry Freedman re 170 MOTION for Downward Departure and Variance and Incorporated Memorandum of Law (Attachments: # 1 Exhibit Exhibit 1 - NOV October 7, 2008) (Williams, Gaston) (Entered: 01/23/2012)
01/26/2012  Reset Hearings as to Freedman Farms, Inc. and William Barry Freedman: Due to the Court's schedule, Sentencing is reset for 2/2/2012 at 1:30 PM in New Bern - Courtroom before District Judge Louise Wood Flanagan. (Tripp, S.) (Entered: 01/26/2012)
01/26/2012179  MOTION to Continue Sentencing by William Barry Freedman. (Attachments: # 1 Text of Proposed Order) (Ramos, Michael) (Entered: 01/26/2012)
01/26/2012  Motion Submitted to District Judge Louise Wood Flanagan as to Freedman Farms, Inc., William Barry Freedman re 179 MOTION to Continue Sentencing. (Tripp, S.) (Entered: 01/26/2012)
01/26/2012180 ORDER granting 179 Motion to Continue Sentencing as to William Barry Freedman (2) - Sentencing for William Barry Freedman and Freedman Farms, Inc. is continued until 2/13/2012 at 9:30 AM in New Bern. *Absent a continuance, this order will constitute the only notice of hearing provided by the court. The court's calendar will be made available approximately three weeks prior to sentencing. Signed by District Judge Louise Wood Flanagan on 1/26/12. (Tripp, S.) (Entered: 01/26/2012)
01/26/2012  Reset Hearing as to Freedman Farms, Inc. and William Barry Freedman: Sentencing reset for 2/13/2012 at 9:30 AM in New Bern - Courtroom before District Judge Louise Wood Flanagan. (Tripp, S.) (Entered: 01/26/2012)
02/01/2012181 **DISREGARD - CORRECTED AND REFILED AT 182 **REQUEST by USA as to Freedman Farms, Inc. (Attachments: # 1 Exhibit ATTACHMENT - Language for Conditions of Probation) (Williams, Gaston) Modified on 2/1/2012 (Tripp, S.). (Entered: 02/01/2012)
02/01/2012182 (CORRECTED) REQUEST by USA as to Freedman Farms, Inc. (Attachments: # 1 Exhibit Attachment - Suggested Language for Conditions of Probation) (Williams, Gaston) (Entered: 02/01/2012)
02/13/2012184 Minute Entry for proceedings held before District Judge Louise Wood Flanagan in New Bern, NC: Sentencing held on 2/13/2012 for Freedman Farms, Inc. - Defense counsel present - Corporate Representative not present - Assistant US Attorney present for USA - Count 1 - Probation - 5 Years - Special Conditions imposed - Fine $500,000.00 - No Interest - Restitution held open for 90 days - Counts 2, 3, and 4 dismissed by the Court - Advised of Appeal Rights.(Court Reporter - Tannith Dawson) (Tripp, S.) (Entered: 02/13/2012)
02/13/2012186 Minute Entry for proceedings held before District Judge Louise Wood Flanagan in New Bern, NC: Sentencing held on 2/13/2012 for William Barry Freedman (2) - Defendant present with counsel - Assistant US Attorney present for USA - Count 1s - Bureau of Prisons - 6 Months - Home Detention - 6 Months - Supervised Release - 1 Year - Special Conditions imposed - Counts 1 through 4 of the underlying Indictment dismissed by the Court - Special Assessment $25.00 - due in full immediately - No Fine - Restitution held open for 90 days - Defendant to surrender to begin serving his term of imprisonment no sooner than 7/1/2012 - Advised of Appeal Rights - Defendant released on conditions previously imposed. (Court Reporter - Tannith Dawson) (Tripp, S.) (Entered: 02/13/2012)
02/13/2012  ORAL ORDER as to William Barry Freedman denying 170 MOTION for Downward Departure and Variance and Incorporated Memorandum of Law filed by William Barry Freedman. Entered in open court by District Judge Louise Wood Flanagan on 2/13/12. (Tripp, S.) (Entered: 02/13/2012)
02/13/2012188 Order to Surrender as to William Barry Freedman - Defendant shall surrender as directed by 7/1/2012. Signed by District Judge Louise Wood Flanagan on 2/13/12. (Tripp, S.) (Entered: 02/13/2012)
02/13/2012190 Agreed Order for Payment as to Freedman Farms, Inc. Signed by District Judge Louise Wood Flanagan on 2/13/12. (Tripp, S.) (Entered: 02/15/2012)
02/13/2012191 JUDGMENT as to Freedman Farms, Inc. (1) Count 1 - Probation - 5 Years - Special Conditions imposed - Fine $500,000.00 - No Interest - Restitution $1,000,000.00 - joint and several with co-defendant - Restitution held open for 90 days as to payees - Count 2, 3 and 4 Dismissed by the Court. Signed by District Judge Louise Wood Flanagan on 2/13/12. (Tripp, S.) (Entered: 02/18/2012)
02/13/2012193 JUDGMENT as to William Barry Freedman (2) - Count 1s - Bureau of Prisons - 6 Months - Home Detention - 6 Months - Supervised Release - 1 Year - Special Conditions imposed - Counts 1 through 4 of the underlying Indictment dismissed by the Court - Special Assessment $25.00 - due in full immediately - No Fine - Restitution $1,000,000.00 - joint and several with co-defendant - Restitution as to payees held open for 90 days - Defendant to surrender to begin serving his term of imprisonment not sooner than 7/1/2012 - Defendant released on conditions previously imposed. Signed by District Judge Louise Wood Flanagan on 2/13/12. (Tripp, S.) (Entered: 02/18/2012)