CLOSEDFILE

United States District Court
District of Puerto Rico (San Juan)
CRIMINAL DOCKET FOR CASE #: 3:05-cr-00178-PG All Defendants


Case title: USA v. Gate Engineering Corporation et al
Date Filed: 05/19/2005
Date Terminated: 08/25/2006
Assigned to: Judge Juan M Perez-Gimenez

Defendant (1)
Gate Engineering Corporation
TERMINATED: 08/25/2006 		represented byOsvaldo Carlo-Linares
Lausell & Carlo, PSC
1509 Lopez Landron St.
Penthouse
San Juan, PR 00911
787-721-6010
Fax: 787-721-3972
Email: ocarlo@carlolaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
Disposition
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)		 Probation for a term of 4yrs and fined in the amount of $250,000.00, said fine to be paid solidarily and in full before the fifteenth day after the day of judgment. SMA OF $400.00

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
None

Highest Offense Level (Terminated)
None

Complaints
Disposition
None
Assigned to: Judge Juan M Perez-Gimenez

Defendant (2)
Albith Colon
TERMINATED: 08/25/2006 		represented byOsvaldo Carlo-Linares
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
Disposition
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)		 Probation for a term of 4yrs and fined in the amount of $250,000.00, said fine to be paid solidarily and in full before the fifteenth day after the day of judgment. SMA $100.00.

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
None

Highest Offense Level (Terminated)
None

Complaints
Disposition
None

Interested Party
U.S. Probation

Plaintiff
USA represented byJames J. Kurosad
U. S. Department of Justice
75 Spring St. SW
Suite 1176
Atlanta, GA 30303
404-730-2955
Fax: 404-331-7110
Email: james.kurosad@usdoj.gov
TERMINATED: 04/09/2007
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Jenifer Yois Hernandez-Vega
United States Attorneys Office
District of Puerto Rico
Torre Chardon Suite 1201
350 Chardon Ave
San Juan, PR 00918
787-282-1802
Fax: 787-766-5398
Email: jenifer.hernandez@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Marcos E. Lopez
United States Attorneys Office, District of Puerto Rico
Torre Chardon Suite 1201
350 Chardon Ave
San Juan, PR 00918
787-282-1930
Fax: 787-766-6222
Email: marcos.lopez2@usdoj.gov
TERMINATED: 04/09/2007
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Date Filed #Docket Text
05/19/20051WAIVER OF INDICTMENT by Gate Engineering Corporation (ct, ) (Entered: 05/20/2005)
05/19/20052WAIVER OF INDICTMENT by Albith Colon (ct, ) (Entered: 05/20/2005)
05/19/20053INFORMATION as to Gate Engineering Corporation (1) count(s) 1, Albith Colon (2) count(s) 1. (ct, ) (Entered: 05/20/2005)
05/19/20054PLEA AGREEMENT as to Gate Engineering Corporation (ct, ) Additional attachment(s) added on 5/20/2005 (ct, ). (Entered: 05/20/2005)
05/19/20055PLEA AGREEMENT as to Albith Colon (ct, ) (Entered: 05/20/2005)
05/19/20056Minute Entry for proceedings held before Judge Juan M Perez-Gimenez :Initial Appearance as to Gate Engineering Corporation, Albith Colon held on 5/19/2005, WAIVER OF INDICTMENT by Gate Engineering Corporation, Albith Colon, Plea entered by Gate Engineering Corporation (1) Count 1 and Albith Colon (2) Count 1Gate Engineering Corporation (1) Guilty Count 1 and Albith Colon (2) Guilty Count 1. (Court Reporter J. Del Valle.) (ct, ) (Entered: 05/20/2005)
05/19/20057CONVICTION Notification for U.S. Probation Office as to Gate Engineering Corporation, Albith Colon (ct, ) (Entered: 05/20/2005)
05/19/20058ORDER Setting Conditions of Release as to Albith Colon (2). Deft OR . Signed by Mag. Judge Gustavo A. Gelpi on 5/19/05. (ni, ) (Entered: 05/23/2005)
02/22/20069 BY ORDER OF THE COURT as to Gate Engineering Corporation, Albith Colon, Sentencing Hearing set for 5/31/2006 at 09:00 AM before Judge Juan M Perez-Gimenez. . Signed by Clerk on 2/22/06. (ja, ) (Entered: 02/22/2006)
04/21/200610 MOTION to Continue Sentencing by USA as to Albith Colon. Suggestions in opposition/response due by 5/4/2006 (Kurosad, James) (Entered: 04/21/2006)
04/25/200611 BY ORDER OF THE COURT as to Gate Engineering Corporation, Albith Colon re 10 MOTION to Continue Sentencing filed by USA, Sentencing Hearing reset for 7/14/2006 at 09:15 AM before Judge Juan M Perez-Gimenez. . Signed by Clerk on 4/25/06. (ja, ) (Entered: 04/25/2006)
06/16/200612 MOTION to Continue Sentencing by USA as to Gate Engineering Corporation, Albith Colon. Suggestions in opposition/response due by 6/29/2006 (Kurosad, James) (Entered: 06/16/2006)
06/19/200613 ORDER as to Gate Engineering Corporation, Albith Colon GRANTING re Sentencing Hearing reset for 8/18/2006 at 09:30 AM before Judge Juan M Perez-Gimenez. . Signed by Judge Juan M Perez-Gimenez on 6/19/06. (ja, ) (Entered: 06/19/2006)
07/11/200614 Minute as to Gate Engineering Corporation, Albith Colon: Upon request of the US Probation Office, Sentencing Hearing is reset for 8/25/2006 at 09:15 AM before Judge Juan M Perez-Gimenez. (ja, ) (Entered: 07/11/2006)
08/22/200615 MOTION for downward departure by USA as to Albith Colon. Suggestions in opposition/response due by 9/5/2006 (Kurosad, James) (Entered: 08/22/2006)
08/24/200616 PRESENTENCE INVESTIGATION REPORT (Sealed) as to Albith Colon (ni, ) (Entered: 08/25/2006)
08/25/200618 Minute Entry for proceedings held before Judge Juan M Perez-Gimenez : AUSA-James Kurosad and atty Osvaldo Carlo were present.Sentencing held on 8/25/2006 for Gate Engineering Corporation (1), Count(s) 1, Probation for a term of 4yrs and fined in the amount of $250,000.00, said fine to be paid solidarily and in full before the fifteenth day after the day of judgment. SMA OF $400.00; Albith Colon (2), Count(s) 1, Probation for a term of 4yrs and fined in the amount of $250,000.00, said fine to be paid solidarily and in full before the fifteenth day after the day of judgment. SMA $100.00.., Albith Colon and Gate Engineering Corporation terminated. (Court Reporter Joyce Del Valle.) (ja, ) (Entered: 09/01/2006)
08/28/200617 ORDER noted 15 Motion for downward departure as to Albith Colon (2). Signed by Judge Juan M Perez-Gimenez on 8/28/06. (mt, ) (Entered: 08/28/2006)
09/08/200619 MOTION to Travel by Albith Colon. (Carlo-Linares, Osvaldo) (Entered: 09/08/2006)
09/11/200620 ORDER granting 19 Motion to Travel as to Albith Colon (2). Signed by Judge Juan M Perez-Gimenez on 9/11/06. (mt, ) (Entered: 09/11/2006)
09/13/200621 MOTION Requesting Order to Satisfy Fine Within Probation Period by Albith Colon as to Gate Engineering Corporation, Albith Colon. (Carlo-Linares, Osvaldo) (Entered: 09/13/2006)
09/14/200622JUDGMENT as to Albith Colon (2), Count(s) 1, Probation for a term of 4yrs and fined in the amount of $250,000.00, said fine to be paid solidarily and in full before the fifteenth day after the day of judgment. SMA $100.00. . Signed by Judge Juan M Perez-Gimenez on 8/31/06. (ja, ) (Entered: 09/14/2006)
09/14/200623JUDGMENT as to Gate Engineering Corporation (1), Count(s) 1, Probation for a term of 4yrs and fined in the amount of $250,000.00, said fine to be paid solidarily and in full before the fifteenth day after the day of judgment. SMA OF $400.00 . Signed by Judge Juan M Perez-Gimenez on 8/31/06. (ja, ) (Entered: 09/14/2006)
10/23/2006 . Signed by Clerk on 09-25-06. (jp, ) Modified on 10/23/2006 (ft, ). (Entered: 10/23/2006)
10/23/2006 . Signed by Clerk on 09-25-06. (jp, ) (Entered: 10/23/2006)
01/10/200726 ORDER Granted as requested, re 21 Motion Requesting Order as to Albith Colon (2). Signed by Judge Juan M. Perez-Gimenez on 1/10/07. (mt, ) (Entered: 01/10/2007)
03/28/200727 MOTION NOTIFYING SUPERVISED RELEASE VIOLATIONAND REQUESTING THE ISSUANCE OF A SUMMONS for Albith Colon (2) on counts Count 1 by U.S. Probation as to Albith Colon. (U.S. Probation Officer, Ortiz) (Entered: 03/28/2007)
04/04/200728RESPONSE in Opposition to Notice of Release Violation by Albith Colon re 27 MOTION to Show Cause re Revocation of Probation for Albith Colon (2) on counts Count 1 filed by U.S. Probation, (Attachments: # 2 Payment Receipt)(Carlo-Linares, Osvaldo) (Entered: 04/04/2007)
04/04/200729 ORDER as to Albith Colon re 27 MOTION to Show Cause re Revocation of Probation for Albith Colon (2) on counts Count 1 filed by U.S. Probation: An arrest warrant shall be issued against this defendant. He shall apear before the undersigned for a bail revocation hearing on April 20, 2007.Final Probation Revocation Hearing set for 4/20/2007 at 09:30 AM before Judge Juan M Perez-Gimenez. . Signed by Judge Juan M Perez-Gimenez on 4/3/07. (ja, ) (Entered: 04/05/2007)
04/05/200730*RESTRICTED* Arrest Warrant Issued by Juan M Perez-Gimenez in case as to Albith Colon. (ja, ) (Entered: 04/05/2007)
04/09/200731 NOTICE OF ATTORNEY APPEARANCE Jenifer Yois Hernandez-Vega, Jenifer Yois Hernandez-Vega appearing for USA. (Hernandez-Vega, Jenifer) (Entered: 04/09/2007)
04/09/200732 MOTION to Withdraw as Attorney by Marcos Lopez. by USA as to Gate Engineering Corporation, Albith Colon. (Lopez, Marcos) (Entered: 04/09/2007)
04/20/200733 Minute Entry for proceedings held before Judge Juan M Perez-Gimenez :Final Probation Revocation Hearing as to Albith Colon held on 4/20/2007. AUSA-Jennifer Hernandez and attorney Osvaldo Carlo were present. After hearing statements by counsel and allocution by the defendant, the Court entered findings for the record as to the defendant's conduct during his probation term and ruled NOT to revoke the probation term imposed on August 25, 2006. The Court admonished the defendant for his conduct and forewarned him as to future violations. The conditions of home detention (curfew) wee modified as follows: Monday through Friday: 7:00 AM to 6:00 PM, Saturday: 9AM to 12:00noon; Sundays: 10:00 AM to 12:00 noon. Until the term of home confinement is concluded, the Court will NOT accept any further excuses from the defendant. (Court Reporter Joyce Del Valle.) (ja, ) (Entered: 04/20/2007)
05/01/200734 ORDER granting . Signed by Judge Juan M Perez-Gimenez on 4/30/07. (mt, ) (Entered: 05/01/2007)