INTERPRETER

U.S. District Court
Southern District of Alabama (Mobile)
CRIMINAL DOCKET FOR CASE #: 1:12-cr-00057-CG-C All Defendants


Case title: USA v. Giuseppe Bottiglieri Shipping Co. S.P.A. et al
Magistrate judge case number: 1:12-mj-00014-B

Date Filed: 03/01/2012
Date Terminated: 08/16/2012

Assigned to: Judge Callie V. S. Granade
Referred to: Magistrate Judge William E. Cassady

Defendant (1)
Giuseppe Bottiglieri Shipping Co. S.P.A.
TERMINATED: 08/16/2012
also known as
M/V Bottliglieri Challenger
TERMINATED: 08/16/2012
represented byGeorge M. Chalos
55 Hamilton Avenue
Oyster Bay, NY 11771
516-714-4300
Email: gmc@chaloslaw.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED

Thomas S. Rue
Johnstone, Adams, Bailey, Gordon & Harris
P.O. Box 1988
Mobile, AL 36633
251-432-7682
Fax: 2514322800
Email: tsr@johnstoneadams.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Briton Paul Sparkman
7210 Tickner Street
Houston, TX 77055
713-574-9454
Email: bsparkman@chaloslaw.com
PRO HAC VICE
ATTORNEY TO BE NOTICED

Jonathan Joseph Beren Segarra
Johnstone, Adams, Bailey, Gordon & Harris, L.L.C.
P.O. Box 1988
Mobile, AL 36633
251-432-7682
Email: JBS@johnstoneadams.com
ATTORNEY TO BE NOTICED

Pending Counts

Disposition
Knowing Failure to Maintain Accurate Oil Record Book - Act to Prevent Pollution from Ships
(4)
Probation 4 years. Special conditions (1) financial information to Probation (2) compliance with Environmental Compliance Plan. Fine imposed in the amount of $1,000,000.00 and Restitution imposed in the amount of $300,000.00; all to be paid as set forth in plea agreement and judgment. SA $400.00.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
Dismissed on motion of the government.
DESTRUCTION,ALTERNATION,FALSIFICATION RCDS FED INVESTIGATION
(2-3)
Dismissed on motion of the government.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge Callie V. S. Granade
Referred to: Magistrate Judge William E. Cassady

Defendant (2)
Vito La Forgia
TERMINATED: 08/16/2012
represented byBrian T. McCarthy
Chalos, O'Connor LLP
366 Main Street
Port Washington, NY 11050
(516) 767-3600
Email: bmccarthy@codus-law.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Designation: Retained

Michael G. Chalos
Chalos, O'Connor LLP
366 Main Street
Port Washington, NY 11050
Email: mchalos@codus-law.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Designation: Retained

Patrick J. Ward
P. O. Box 123
Mobile, AL 36601
251-432-5511
Email: pward@handarendall.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
Knowing Failure to Maintain Accurate Oil Record Book - Act to Prevent Pollution from Ships
(4)
Imprisonment 1 month. Recommendation to BOP that defendant's designation be expedited. 1 year of unsupervised release. Special condition: the defendant is to repatriate to Italy once he is released from incarceration. If he remains in the United States, defendant shall comply with the standard conditions of supervision. Substance abuse testing waived. SA $100.00.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
Dismissed on motion of the government.
DESTRUCTION,ALTERNATION,FALSIFICATION RCDS FED INVESTIGATION
(2-3)
Dismissed on motion of the government.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
18:1519.F - Provide False Statements to United States Coast Guard Personnel.


Material Witness
Mario Salierno
TERMINATED: 08/16/2012
represented byArthur J. Madden , III
Madden & Soto
465 Dauphin Street
Mobile, AL 36602
251-432-0380
Fax: 2514335964
Email: ajmadden@maddenandsoto.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: CJA Appointment


Material Witness
Mauro Serra
TERMINATED: 08/16/2012
represented byDonald M. Briskman
Briskman & Binion, P.C.
P. O. Box 43
Mobile, AL 36601
205-433-7600
Fax: 2514334485
Email: dbriskman@briskman-binion.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED


Plaintiff
USA represented byGary Donner
U.S. Department of Justice
Environmental Crimes Section
601 D. St. N.W.
Washington, DC 20004
Email: Gary.Donner@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Michael D. Anderson
U.S. Attorney's Office
63 S. Royal St., Rm. 600
Mobile, AL 36602
(251) 441-5845
Email: mike.d.anderson@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Todd Mikolop
601 D St., NW, Room 2132
Washington, DC 20579
202-305-0381
Email: todd.mikolop@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
02/09/2012CRIMINAL COMPLAINT as to Vito La Forgia (1). (clr) [1:12-mj-00014-B] (Entered: 02/09/2012)
02/09/2012Minute Entry for proceedings held before Magistrate Judge Sonja F. Bivins:Initial Appearance as to Vito La Forgia held on 2/9/2012; Defendant released on conditions; Case set for preliminary hearing on 2/10/12 at 1:30 p.m.; Counsel present: Michael Anderson, Gary Donner (DOJ); Michael Chalos, Brian McCarthy, Patrick Ward, Tom Rue; FTR Digital Audio Recording. (mjn) [1:12-mj-00014-B] (Entered: 02/10/2012)
02/09/2012Arrest Warrant Returned Executed on 2/9/12 as to Vito La Forgia. (mjn) [1:12-mj-00014-B] (Entered: 02/10/2012)
02/10/2012COMPLAINT for material witness warrant filed by USA as to Mario Salierno (Attachments: # 1 Affidavit) (mjn) [1:12-mj-00014-B] (Entered: 02/10/2012)
02/10/2012COMPLAINT for material witness warrant as to Papy Paalisbo Bucol (Attachments: # 1 Affidavit) (mjn) [1:12-mj-00014-B] (Entered: 02/10/2012)
02/10/2012COMPLAINT for material witness warrant as to Stephen Carrillo Mondigo filed by USA (Attachments: # 1 Affidavit) (mjn) [1:12-mj-00014-B] (Entered: 02/10/2012)
02/10/201211 COMPLAINT for material witness warrant as to Donald Dinulma Tidang filed by USA (Attachments: # 1 Affidavit) (mjn) [1:12-mj-00014-B] (Entered: 02/10/2012)
02/10/201213 Complaint for material witness warrant as to Geoffrey Rasay Bagcal filed by USA (mjn) [1:12-mj-00014-B] (Entered: 02/10/2012)
02/10/201215 COMPLAINT for material witness warrant as to Mauro Serra filed by USA (mjn) [1:12-mj-00014-B] (Entered: 02/10/2012)
02/10/201217 COMPLAINT for material witness warrant as to Rey Dato-On Arebejo filed by USA (Attachments: # 1 Affidavit) (mjn) [1:12-mj-00014-B] (Entered: 02/10/2012)
02/10/2012  Minute Entry for proceedings held before Magistrate Judge Sonja F. Bivins: Initial Appearance continued as to Vito La Forgia held on 2/10/2012; Counsel present: Brian McCarthy, Patrick Ward, Thomas Rue; Interpreter Alessandra Bonatti-Harabin.FTR Digital Audio Recording. (mjn) [1:12-mj-00014-B] (Entered: 02/10/2012)
02/10/201220 WAIVER of Preliminary Hearing by Vito La Forgia (mjn) [1:12-mj-00014-B] (Entered: 02/15/2012)
02/10/201226 Minute Entry for proceedings held before Magistrate Judge Sonja F. Bivins: Initial Appearance as to Mario Salierno, Mauro Serra held on 2/10/2012; Defendants released on conditions; Counsel present: Mike Anderson, Gary Donner, Arthur Madden, Donald Briskman Interpreter Alessandra Bonatti-Harabin.FTR Digital Audio Recording. (mjn) Modified on 2/22/2012 (mjn). [1:12-mj-00014-B] (Entered: 02/22/2012)
02/10/2012  Minute Entry for proceedings held before Magistrate Judge Sonja F. Bivins: Initial Appearance as to Jeffrey Bagcal, Roy Arabejo, Donald Tidang, Stephen Mondego held on 2/10/2012; Defendants released on conditions; Counsel present: Mike Anderson, Gary Donner, Jan Jones, John Furman, Bill Scully and Peter Madden; Interpreter TIP: Joel Rojano, Central CA.FTR Digital Audio Recording. (mjn) Modified on 2/27/2012 (mjn). [1:12-mj-00014-B] (Entered: 02/22/2012)
02/15/201219 NOTICE of request to be deposed by Mario Salierno as to Vito La Forgia (Madden, Arthur) [1:12-mj-00014-B] (Entered: 02/15/2012)
02/15/201221 NOTICE corrected Rule 15(b) notice by Mario Salierno as to Vito La Forgia (Madden, Arthur) [1:12-mj-00014-B] (Entered: 02/15/2012)
02/16/201222 Arrest Warrant Returned Executed on 2/9/12 as to Vito La Forgia. (mjn) [1:12-mj-00014-B] (Entered: 02/16/2012)
02/17/201224 Order on Initial Appearance as to Vito La Forgia. Signed by Magistrate Judge Sonja F. Bivins on 2/10/12. (mjn) [1:12-mj-00014-B] (Entered: 02/17/2012)
02/17/201225 Order on Preliminary Examination as to Vito La Forgia. Rule 5.1 hearing waived.Court finds probable cause to hold defendant to answer in District Court; Signed by Magistrate Judge Sonja F. Bivins on 2/10/12. (mjn) [1:12-mj-00014-B] (Entered: 02/22/2012)
02/27/201227 ORDER APPOINTING FEDERAL PUBLIC DEFENDER Christopher Knight as counsel for material witness Rey Dato-On Arebejo. Signed by Magistrate Judge Sonja F. Bivins on 2/10/2012. (mjn) [1:12-mj-00014-B] (Entered: 02/27/2012)
02/27/201235 CJA20 order appointing Jan Jones to represent material witness Geoffrey Rasay Bagcal. Signed by Magistrate Judge Sonja F. Bivins on 2/09/2012. (Attachments: # 1 cja attachments) (mjn) [1:12-mj-00014-B] (Entered: 02/28/2012)
02/27/201236 CJA20 order appointing P. Bradley Murray as counsel for material witness Papy Paalisbo Bucol. Signed by Magistrate Judge Sonja F. Bivins on 2/09/2012. (Attachments: # 1 cja attachments) (mjn) Modified on 2/28/2012 (mjn). [1:12-mj-00014-B] (Entered: 02/28/2012)
02/27/201237 CJA20 order appointing William E. Scully, Jr. as counsel for material witness Stephen Mondigo. Signed by Magistrate Judge Sonja F. Bivins on 2/09/2012. (Attachments: # 1 cja attachments) (mjn) [1:12-mj-00014-B] (Entered: 02/28/2012)
02/27/201238 CJA20 order appointing John Furman as counsel for material witness Donald Tidang. Signed by Magistrate Judge Sonja F. Bivins on 2/09/2012. (Attachments: # 1 cja attachments) (mjn) [1:12-mj-00014-B] (Entered: 02/28/2012)
02/29/201240  MOTION for Leave to Appear Pro Hac Vice Pro Hac Vice Attorney: Brian T. McCarthy. ( Filing fee $ 50, Receipt number 1128-1228746, Online Credit Card Payment.) by Vito La Forgia. (McCarthy, Brian) [1:12-mj-00014-B] (Entered: 02/29/2012)
02/29/201241  MOTION for Leave to Appear Pro Hac Vice Pro Hac Vice Attorney: Michael G. Chalos. ( Filing fee $ 50, Receipt number 1128-1228754, Online Credit Card Payment.) by Vito La Forgia. (Chalos, Michael) [1:12-mj-00014-B] (Entered: 02/29/2012)
03/01/201243 INDICTMENT as to Giuseppe Bottiglieri Shipping Co. S.P.A. (1) counts 1,2-3,4 & Vito La Forgia - counts 1,2-3,4. (Attachments: # 1 Penalty Page, # 2 Signed Indictment) (mpp) (Entered: 03/02/2012)
03/02/201244 NOTICE OF Arraignment as to Vito La Forgia - Arraignment set for 3/7/2012 at 2:00 PM in Courtroom 3B before Magistrate Judge Katherine P. Nelson. (mpp) (Entered: 03/02/2012)
03/05/201247 NOTICE OF Arraignment as to Vito La Forgia, Giuseppe Bottiglieri Shipping Co. S.P.A. Arraignment RESET for 3/9/2012 02:00 PM in US Courthouse, Courtroom 3B, 113 St. Joseph Street, Mobile, AL 36602 before Magistrate Judge Katherine P. Nelson. (srr) (Entered: 03/05/2012)
03/05/201248  MOTION for Leave to Appear Pro Hac Vice Pro Hac Vice Attorney: George M. Chalos. ( Filing fee $ 50, Receipt number 1128-1230959, Online Credit Card Payment.) by Giuseppe Bottiglieri Shipping Co. S.P.A. as to Vito La Forgia, Giuseppe Bottiglieri Shipping Co. S.P.A.. (Chalos, George) (Entered: 03/05/2012)
03/05/201249  MOTION for Leave to Appear Pro Hac Vice Attorney: Briton P. Sparkman. ( Filing fee $ 50, Receipt number 1128-1231078, Online Credit Card Payment.) by Giuseppe Bottiglieri Shipping Co. S.P.A.. (Sparkman, Briton) (Entered: 03/05/2012)
03/06/201250 ENDORSED ORDER granting 48 Motion by George Chalos for Leave to Appear Pro Hac Vice as to Giuseppe Bottiglieri Shipping Co. S.P.A.(1); granting 40 Motion by Brian McCarthy for Leave to Appear Pro Hac Vice as to Vito La Forgia (2); granting 41 Motion by Michael Chalos for Leave to Appear Pro Hac Vice as to Vito La Forgia (2); granting 49 Motion by Briton Sparkman for Leave to Appear Pro Hac Vice Pro Hac Vice as to Giuseppe Bottiglieri Shipping Co. S.P.A. (1). Signed by Magistrate Judge Katherine P. Nelson on 3/6/2012. (srr) (Entered: 03/06/2012)
03/07/201251 Arrest Warrants Returned Executed on 2/10/12 as to material witnesses: Master Mario Salierno, Geoffrey Rasay Bagcal. Mauro Serra, Rey Dato-on Arabejo, Donald Tidang, Stephen Mondigo, and Papy Bucol (mjn) (Entered: 03/07/2012)
03/09/2012  Minute Entry for proceedings held before Magistrate Judge Katherine P. Nelson:Arraignment as to Vito La Forgia (2) Count 1,2-3,4 held on 3/9/2012 Interpreter Alessandra Bonati-Harabin.FTR Digital Audio Recording. (srr) (Entered: 03/09/2012)
03/09/2012  Minute Entry for proceedings held before Magistrate Judge Katherine P. Nelson:Initial Appearance and Arraignment as to Giuseppe Bottiglieri Shipping Co. S.P.A. (1) Count 1,2-3,4 held on 3/9/2012 FTR Digital Audio Recording. (srr) (Entered: 03/09/2012)
03/09/201253 WAIVER OF appearance at arraignment filed by Giuseppe Bottiglieri Shipping Co. S.P.A. (srr) (Entered: 03/09/2012)
03/12/201254 Order on Arraignment as to Giuseppe Bottiglieri Shipping Co. S.P.A. (1) Count 1,2-3,4 Jury Selection set for 4/30/2012 08:45AM. Pretrial Motions due by 3/23/2012. Probation Conference set for 3/20/2012 10:00 AM. Pretrial Conference set for 4/4/2012 10:00 AM in US Courthouse, Judge's Chambers, 113 St. Joseph Street, Mobile, AL 36602 before Magistrate Judge Katherine P. Nelson. Signed by Magistrate Judge Katherine P. Nelson on 3/9/2012. (srr) (Entered: 03/12/2012)
03/12/2012  Interpreter (ITALIAN) Needed in case as to Vito La Forgia. (srr) (Entered: 03/12/2012)
03/12/201255 Order on Arraignment as to Vito La Forgia (2) Count 1,2-3,4 Jury Selection set for 4/30/2012 08:45AM. Pretrial Motions due by 3/23/2012. Probation Conference set for 3/20/2012 10:15 AM. Pretrial Conference set for 4/4/2012 10:15 AM in US Courthouse, Judge's Chambers, 113 St. Joseph Street, Mobile, AL 36602 before Magistrate Judge Katherine P. Nelson. Signed by Magistrate Judge Katherine P. Nelson on 3/9/2012. (srr) (Entered: 03/12/2012)
03/14/201256 SEALED ORDER entered. Signed by Magistrate Judge Sonja F. Bivins on 3/13/2012. (mbp) (Entered: 03/14/2012)
03/14/201257 Joint MOTION to Continue in Interest of Justice by Giuseppe Bottiglieri Shipping Co. S.P.A. as to Vito La Forgia, Giuseppe Bottiglieri Shipping Co. S.P.A.. (Attachments: # 1 Exhibit 1 - Waiver of Speedy Trial, # 2 Memorandum of Law in Support of Joint Motion to Continue Trial, # 3 Declaration of George M. Chalos in Support of Joint Motion to Continue Trial, # 4 Text of Proposed Order) (Chalos, George) (Entered: 03/14/2012)
03/21/201260  MOTION Emergency Motion for ruling on currently pending Joint Motion of Defendants to Continue Trial and Extend Pretrial Deadlines re 57 Joint MOTION to Continue in Interest of Justice by Giuseppe Bottiglieri Shipping Co. S.P.A. as to Vito La Forgia, Giuseppe Bottiglieri Shipping Co. S.P.A.. (Rue, Thomas) (Entered: 03/21/2012)
03/22/2012  Minute Entry for proceedings held before Magistrate Judge Katherine P. Nelson:Telephone Conference re: motion to continue as to Vito La Forgia, Giuseppe Bottiglieri Shipping Co. S.P.A. held on 3/22/2012 (srr) (Entered: 03/22/2012)
03/22/201263  ORDER granting 57 Motion to Continue-Ends of Justice Time excluded from April 30, 2012 until June 4, 2012 as to Giuseppe Bottiglieri Shipping Co. S.P.A. and Vito La Forgia. The trial in this action is CONTINUED to the June 2012 trial term commences with Jury Selection on 6/4/2012 at 08:45AM. finding as moot 60 Emergency Motion that the court rule on defendants' motion to continue as to Giuseppe Bottiglieri Shipping Co. S.P.A. and Vito La Forgia. Signed by Magistrate Judge Katherine P. Nelson on 3/22/2012. (mbp) (Entered: 03/22/2012)
03/26/201264 NOTICE OF ATTORNEY APPEARANCE Todd Mikolop appearing for USA. (Mikolop, Todd) (Entered: 03/26/2012)
03/26/201265 WAIVER of Speedy Trial by Giuseppe Bottiglieri Shipping Co. S.P.A. (Chalos, George) (Entered: 03/26/2012)
03/28/201266 WAIVER of Speedy Trial by Vito La Forgia (McCarthy, Brian) (Entered: 03/28/2012)
04/02/201267  MOTION schedule Rule 15 depo or amend conditions of release by Mario Salierno as to Vito La Forgia, Giuseppe Bottiglieri Shipping Co. S.P.A.. (Madden, Arthur) (Entered: 04/02/2012)
04/05/201268 ORDER as to Vito La Forgia, Giuseppe Bottiglieri Shipping Co. S.P.A. re 67 MOTION to schedule Rule 15 deposition or amend conditions of release filed by Mario Salierno. Responses due by 4/9/2012. A Conference is set for 4/10/2012 01:30 PM in Courtroom 1A. Signed by Magistrate Judge Sonja F. Bivins on 4/5/2012. (tgw) (Entered: 04/05/2012)
04/05/201269 AMENDED ORDER as to Vito La Forgia, Giuseppe Bottiglieri Shipping Co. S.P.A. re 67 MOTION to schedule Rule 15 depo or amend conditions of release filed by Mario Salierno. Responses to the motion are due by 4/9/2012. A conference is set for 4/10/2012 03:00 PM in Courtroom 1A before Magistrate Judge Sonja F. Bivins. Signed by Magistrate Judge Sonja F. Bivins on 4/5/2012. (tgw) (Entered: 04/05/2012)
04/06/201270 RESPONSE to Motion by Giuseppe Bottiglieri Shipping Co. S.P.A. re 67 MOTION schedule Rule 15 depo or amend conditions of release (Chalos, George) (Entered: 04/06/2012)
04/06/201271 RESPONSE to Motion by Vito La Forgia re 67 MOTION schedule Rule 15 depo or amend conditions of release , Request to Appear by Telephone and Excuse Appearance of the Mr. La Forgia (McCarthy, Brian) (Entered: 04/06/2012)
04/09/201272  MOTION to Set Schedule for Rule 15 Deposition or Alternatively to Amend Conditions of Release by Mauro Serra as to Vito La Forgia, Giuseppe Bottiglieri Shipping Co. S.P.A.. (Briskman, Donald) Modified on 4/24/2012 (mjn). (Entered: 04/09/2012)
04/09/201273 RESPONSE to 72 MOTION to Set Schedule for Rule 15 Deposition or Alternatively to Amend Conditions of Release filed by Defendant Giuseppe Bottiglieri Shipping Co. S.P.A. (Chalos, George) (Entered: 04/09/2012)
04/09/201274 RESPONSE to Motion by USA as to Vito La Forgia, Giuseppe Bottiglieri Shipping Co. S.P.A. re 67 MOTION schedule Rule 15 depo or amend conditions of release (Anderson, Michael) (Entered: 04/09/2012)
04/10/2012  Minute Entry for proceedings held before Magistrate Judge Sonja F. Bivins: Motion Hearing as to Vito La Forgia, Giuseppe Bottiglieri Shipping Co. S.P.A. held on 4/10/2012 re 67 MOTION schedule Rule 15 depo or amend conditions of release filed by Mario Salierno; Counsel present: Michael Anderson, Thomas Rue, Patrick J. Ward, Donald Briskman; Counsel participated by phone: Gary Donner, George M. Chalos, Brian McCarthy FTR Digital Audio Recording. (mjn) (Entered: 04/10/2012)
04/20/201275 SEALED ORDER as to Vito La Forgia, Giuseppe Bottiglieri Shipping Co. S.P.A. re 39 MOTION. Signed by Magistrate Judge Sonja F. Bivins on 4/19/2012. (mbp) (Entered: 04/20/2012)
04/20/201276  ORDER granting 67 Motion to set schedule for Rule 15 Deposition as to Giuseppe Bottiglieri Shipping Co. S.P.A. (1), Vito La Forgia (2). The Government is ORDERED to conduct Salierno and Serras depositions in accordance with Rule 15(a)(2) of the Federal Rules of Criminal Procedure no later than May 4, 2012. Signed by Magistrate Judge Sonja F. Bivins on 4/19/2012. (mbp) (Entered: 04/20/2012)
04/23/201277 Emergency MOTION to Compel PRODUCTION OF INTERVIEW NOTES AND OTHER STATEMENTS AND MATERIALS IN THE POSSESSION OF THE UNITED STATES by Giuseppe Bottiglieri Shipping Co. S.P.A.. (Attachments: # 1 Memorandum of Law in Support of Motion to Compel, # 2 Exhibit 1) (Chalos, George) (Entered: 04/23/2012)
04/23/201278 Emergency MOTION for Bill of Particulars by Giuseppe Bottiglieri Shipping Co. S.P.A.. (Chalos, George) (Entered: 04/23/2012)
04/23/201279  MOTION to Compel ELECTION BETWEEN DUPLICITOUS AND MULTIPLICITOUS COUNTS by Giuseppe Bottiglieri Shipping Co. S.P.A.. (Chalos, George) (Entered: 04/23/2012)
04/23/201280 NOTICE of Rule 15 Deposition by USA as to Giuseppe Bottiglieri Shipping Co. S.P.A., Vito La Forgia (Mikolop, Todd) (Entered: 04/23/2012)
04/23/201281 NOTICE of Rule 15 Deposition by USA as to Giuseppe Bottiglieri Shipping Co. S.P.A., Vito La Forgia (Mikolop, Todd) (Entered: 04/23/2012)
04/23/201282  MOTION to Dismiss Indictment for Insufficiency by Giuseppe Bottiglieri Shipping Co. S.P.A.. (Chalos, George) (Entered: 04/23/2012)
04/23/201283  MOTION to Dismiss , MOTION to Suppress Statements of Vito La Forgia and Request for Evidentary by Vito La Forgia. (Attachments: # 1 Affidavit Vito La Forgia) (McCarthy, Brian) (Entered: 04/23/2012)
04/24/201284 Emergency MOTION Immediate Telephone Conference by Giuseppe Bottiglieri Shipping Co. S.P.A.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M) (Chalos, George) (Entered: 04/24/2012)
04/24/201285 ORDER as to Vito La Forgia, Giuseppe Bottiglieri Shipping Co. S.P.A. re 83 MOTION to Dismiss MOTION to Suppress Statements of Vito La Forgia and Request for Evidentary filed by Vito La Forgia, 82 MOTION to Dismiss Indictment for Insufficiency filed by Giuseppe Bottiglieri Shipping Co. S.P.A.. The Government is to file response to both motions by 5/7/12. Movants may file a reply by 5/14/12. Signed by Chief Judge William H. Steele on 4/24/2012. (mbp) (Entered: 04/24/2012)
04/24/2012  Minute Entry for proceedings held before Magistrate Judge Sonja F. Bivins:Telephone Conference as to Vito La Forgia, Giuseppe Bottiglieri Shipping Co. S.P.A. held on 4/24/2012 on emergency motion (Doc. 84); Counsel participating by phone: George Chalos, Thomas Rue, Brian McCarthy, Michael Chalos, Arthur Madden, Donald Briskman, Gary Donner, Michael D. Anderson and Todd Mikolop; FTR Digital Audio Recording. (mjn) (Entered: 04/24/2012)
04/25/201286  ORDER entered the Court ORDERED that the depositions of Mario Salierno and Mauro Serra be conducted on May 7-8, 2012. Defendant Giuseppe Bottiglieri Shipping Company, SPAs Emergency Motion to Compel Production of Interview Notes and Other Statements and Materials in the Possession of the United States (Doc. 77) and Emergency Motion for Immediate Telephone Conference (Doc. 84) are denied as moot. The Government is directed to file a response by April 27, 2012 to the Motion for Bill of Particulars (Doc. 78). Signed by Magistrate Judge Sonja F. Bivins on 4/25/2012. (mbp) (Entered: 04/25/2012)
04/26/201287 ORDER as to Vito La Forgia, Giuseppe Bottiglieri Shipping Co. S.P.A. entered that defendants require an Italian interpreter for the material witness depositions to be conducted on May 7-8, 2012, they are responsible for making the necessary arrangements, including payment, for said interpreter. Signed by Magistrate Judge Sonja F. Bivins on 4/25/2012. (mbp) (Entered: 04/26/2012)
04/26/201288 ORDER as to Vito La Forgia, Giuseppe Bottiglieri Shipping Co. S.P.A. re 79 MOTION to Compel ELECTION BETWEEN DUPLICITOUS AND MULTIPLICITOUS COUNTS filed by Giuseppe Bottiglieri Shipping Co. S.P.A. The Government is to file a response by 5/10/12. Movant may file a reply by 5/17/12. Signed by Chief Judge William H. Steele on 4/26/2012. (mbp) (Entered: 04/26/2012)
04/26/201289 Emergency MOTION to Compel IMMEDIATE PRODUCTION OF OUTSTANDING JENCKS/BRADY/GIGLIO MATERIAL by Giuseppe Bottiglieri Shipping Co. S.P.A.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Chalos, George) (Entered: 04/26/2012)
04/27/201290 RESPONSE in Opposition by USA as to Vito La Forgia, Giuseppe Bottiglieri Shipping Co. S.P.A. (Mikolop, Todd) (Entered: 04/27/2012)
04/30/201291 ORDER as to Vito La Forgia, Giuseppe Bottiglieri Shipping Co. S.P.A. re 63 Order on Motion to Continue-Ends of Justice, ( Pretrial Conference set for 5/8/2012 11:00 AM in US Courthouse, Courtroom 3A, 113 St. Joseph Street, Mobile, AL 36602 before Magistrate Judge William E. Cassady.). Signed by Magistrate Judge William E. Cassady on 4/30/2012. Emailed to AUSA, USM, Prob, Deft's counsel (eec) (Entered: 04/30/2012)
05/02/201292  MOTION for Reconsideration re 87 Order, , MOTION for Interpreter by Vito La Forgia. (Attachments: # 1 Text of Proposed Order Proposed Order) (McCarthy, Brian) (Entered: 05/02/2012)
05/02/201293 CONSENT to Jury Selection by US Magistrate Judge. (Chalos, George) (Entered: 05/02/2012)
05/02/201294 NOTICE of Unavailability by Giuseppe Bottiglieri Shipping Co. S.P.A. (Chalos, George) (Entered: 05/02/2012)
05/02/201295 NOTICE of Rule 15 Deposition by USA as to Giuseppe Bottiglieri Shipping Co. S.P.A., Vito La Forgia (Mikolop, Todd) (Entered: 05/02/2012)
05/02/201296 NOTICE of Rule 15 Deposition by USA as to Giuseppe Bottiglieri Shipping Co. S.P.A., Vito La Forgia (Mikolop, Todd) (Entered: 05/02/2012)
05/03/201297 ORDER as to Vito La Forgia, Giuseppe Bottiglieri Shipping Co. S.P.A. re 89 Emergency MOTION to Compel IMMEDIATE PRODUCTION OF OUTSTANDING JENCKS/BRADY/GIGLIO MATERIAL filed by Giuseppe Bottiglieri Shipping Co. S.P.A. The Government is to file a response by 5/4/2012. Signed by Magistrate Judge Sonja F. Bivins on 5/2/12. (mbp) (Entered: 05/03/2012)
05/03/201298  MOTION to Continue in Interest of Justice Trial Currently Scheduled for June Trial Term until the July Trial Term by Vito La Forgia. (McCarthy, Brian) (Entered: 05/03/2012)
05/03/201299  MOTION for Order to Show Cause As to Why Depositions Of Mario Salierno and Mauro Serra Should Not Proceed On May 7 and 8, 2012 by USA as to Vito La Forgia, Giuseppe Bottiglieri Shipping Co. S.P.A.. (Mikolop, Todd) (Entered: 05/03/2012)
05/04/2012100  ORDER denying 92 Motion for Reconsideration of the Court's Order dated 4/26/12 as to Vito La Forgia. Signed by Magistrate Judge Sonja F. Bivins on 5/4/2012. (mbp) (Entered: 05/04/2012)
05/04/2012101 RESPONSE in Opposition by USA as to Vito La Forgia, Giuseppe Bottiglieri Shipping Co. S.P.A. re 89 Emergency MOTION to Compel IMMEDIATE PRODUCTION OF OUTSTANDING JENCKS/BRADY/GIGLIO MATERIAL (Mikolop, Todd) (Entered: 05/04/2012)
05/06/2012102 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Vito La Forgia re 87 Order, 100 Order on Motion for Reconsideration, Order on Motion for Interpreter (McCarthy, Brian) (Entered: 05/06/2012)
05/07/2012103 ORDER entered that defendant Vito La Forgia's Emergency Motion Appealing Order of Magistrate Judge 102 is denied. Signed by Chief Judge William H. Steele on 5/7/2012. (mbp) (Entered: 05/07/2012)
05/07/2012104 RESPONSE in Opposition by USA as to Vito La Forgia, Giuseppe Bottiglieri Shipping Co. S.P.A. (Mikolop, Todd) (Entered: 05/07/2012)
05/07/2012105 RESPONSE in Opposition by USA as to Vito La Forgia, Giuseppe Bottiglieri Shipping Co. S.P.A. (Mikolop, Todd) (Entered: 05/07/2012)
05/08/2012106 NOTICE of Unavailability by Vito La Forgia (McCarthy, Brian) (Entered: 05/08/2012)
05/09/2012  Minute Entry for proceedings held before Magistrate Judge William E. Cassady:Material Witness Hearing (Deposition) in case as to Vito La Forgia, Giuseppe Bottiglieri Shipping Co. S.P.A. held on 5/9/2012. Court Reporter Lois Robinson.FTR Digital Audio Recording. (eec) (Entered: 05/09/2012)
05/09/2012107 ORDER entered regarding the deposition of material witness Mauro Serra as further set out. Signed by Magistrate Judge William E. Cassady on 5/9/2012. (mbp) (Entered: 05/09/2012)
05/09/2012108 NOTICE OF APPEAL by USA as to Giuseppe Bottiglieri Shipping Co. S.P.A., Vito La Forgia (Anderson, Michael) (Entered: 05/09/2012)
05/10/2012  Minute Entry for proceedings held before Chief Judge William H. Steele:Hearing on NOTICE OF APPEAL by USA as to Giuseppe Bottiglieri Shipping Co. S.P.A., Vito La Forgia.Court Reporter Mary Frances Giattina. (mbp) (Entered: 05/10/2012)
05/10/2012  ORAL ORDER entered denying the government's Emergency Notice of Appeal.Entered by Chief Judge William H. Steele in open Court on 5/10/2012. (mbp) (Entered: 05/10/2012)
05/10/2012109 RESPONSE in Opposition by USA as to Vito La Forgia, Giuseppe Bottiglieri Shipping Co. S.P.A. Government's Response in Opposition to Defendants' Motion to Compel Election Between Duplicitous and Multiplicitou Counts (Doc. 79) and Court's Order (Doc. 88) (Anderson, Michael) (Entered: 05/10/2012)
05/12/2012110 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Vito La Forgia, Giuseppe Bottiglieri Shipping Co. S.P.A. held on 5/10/12, Motion Hearing, before Chief Judge William H. Steele. Court Reporter Mary Frances Giattina, CCR, RDR, CRR, Telephone number (251) 690-3003. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. NOTICE: The parties have twenty-one (21) 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 will be made remotely electronically available to the public without redaction after 90 calendar days. Notice of Transcript Redaction to be filed by 6/4/2012. Redaction Request due 6/4/2012. Redacted Transcript Deadline set for 6/12/2012. Release of Transcript Restriction set for 8/10/2012. (Giattina, Mary Frances) (Entered: 05/12/2012)
05/14/2012111 REPLY TO RESPONSE to Motion by Giuseppe Bottiglieri Shipping Co. S.P.A. re 104 Response in Opposition (Chalos, George) (Entered: 05/14/2012)
05/14/2012112 REPLY TO RESPONSE to Motion by Vito La Forgia re 105 Response in Opposition (Attachments: # 1 Exhibit A, B and C) (McCarthy, Brian) (Entered: 05/14/2012)
05/15/2012113 Order on Pretrial Conference as to Vito La Forgia, Giuseppe Bottiglieri Shipping Co. S.P.A.This case is continued to the July 2012 criminal term which commences with Jury Selection on 7/2/2012 at 08:45AM. Stipulations: the parties will stipulate to the authenticity of business records Deft Conflicts: Mr. George M. Chalos has business-related conflicts with July 6 and 30, 2012. Govt Conflicts: Mr. Mikolop will not be available during July but Mr. Anderson and Mr. Donner will present the case. Jury Selection before a Magistrate Judge consent form to be filed not later than 6/11/12. The Clerk is to refer to the undersigned all future matters that would normally be referred to a magistrate judge. Signed by Magistrate Judge William E. Cassady on 5/14/12. (mbp) (Entered: 05/15/2012)
05/17/2012114  ORDER denying 78 Motion for Bill of Particulars as to Giuseppe Bottiglieri Shipping Co. S.P.A. and denying 89 Motion to Compel as to Giuseppe Bottiglieri Shipping Co. S.P.A.. Signed by Magistrate Judge Sonja F. Bivins on 5/16/2012. (mbp) (Entered: 05/17/2012)
05/17/2012115  MOTION discharge material witness by Mario Salierno as to Vito La Forgia, Giuseppe Bottiglieri Shipping Co. S.P.A.. (Madden, Arthur) (Entered: 05/17/2012)
05/17/2012116 REPLY TO RESPONSE to Motion by Giuseppe Bottiglieri Shipping Co. S.P.A. re 79 MOTION to Compel ELECTION BETWEEN DUPLICITOUS AND MULTIPLICITOUS COUNTS (Chalos, George) (Entered: 05/17/2012)
05/18/2012117 Corrected MOTION correct doc 115 by Mario Salierno as to Vito La Forgia, Giuseppe Bottiglieri Shipping Co. S.P.A.. (Madden, Arthur) (Entered: 05/18/2012)
05/20/2012118  MOTION to Expedite Hearing on Motion to Discharge by Mario Salierno as to Vito La Forgia, Giuseppe Bottiglieri Shipping Co. S.P.A.. (Madden, Arthur) (Entered: 05/20/2012)
05/22/2012119 ORDER as to Vito La Forgia, Giuseppe Bottiglieri Shipping Co. S.P.A. re 118 MOTION to Expedite Hearing on Motion to Discharge filed by Mario Salierno, 117 Corrected MOTION correct doc 115 filed by Mario Salierno. A Motion Hearing is set for 5/23/2012 at 02:00 PM in US Courthouse, Courtroom 3A, 113 St. Joseph Street, Mobile, AL 36602 before Magistrate Judge William E. Cassady. Signed by Magistrate Judge William E. Cassady on 5/21/2012. (mbp) (Entered: 05/22/2012)
05/22/2012120  ORDER denying 83 Motion to Dismiss or in the Alternative to Suppress as to Vito La Forgia. Signed by Chief Judge William H. Steele on 5/21/2012. (mbp) (Entered: 05/22/2012)
05/22/2012121 RESPONSE to Motion by USA as to Vito La Forgia, Giuseppe Bottiglieri Shipping Co. S.P.A. re 117 Corrected MOTION correct doc 115 (Attachments: # 1 Exhibit) (Mikolop, Todd) (Entered: 05/22/2012)
05/23/2012122  ORDER entered. The motion to discharge Mr. Salierno as a material witness (Doc. 117) is GRANTED. To the extent they have not been, it is ORDERED that Mr. Salierno's travel documents be immediately returned to him. It is FURTHER ORDERED that Giuseppe Bottiglieri Shipping Company make financial and transportation arrangements for Mr. Salierno to return to his native homeland as soon as is practicable. Signed by Magistrate Judge William E. Cassady on 5/23/2012. (eec) (Entered: 05/23/2012)
05/23/2012  Minute Entry for proceedings held before Magistrate Judge William E. Cassady:Motion Hearing held on 5/23/2012 re 117 Corrected MOTION correct doc 115 filed by Mario Salierno FTR Digital Audio Recording. (eec) (Entered: 05/23/2012)
05/23/2012124 Receipt for Return of Passport as to Material Witness Mario Salierno re: Order 122 . (mpp) (Entered: 05/24/2012)
05/24/2012123  ORDER denying 82 Motion to Dismiss Indictment for Insufficiency as to Giuseppe Bottiglieri Shipping Co. S.P.A. Signed by Chief Judge William H. Steele on 5/23/2012. (mbp) (Entered: 05/24/2012)
06/06/2012125 CONSENT to Jury Selection by US Magistrate Judge. (McCarthy, Brian) (Entered: 06/06/2012)
06/07/2012126  ORDER denying 79 Giuseppe Bottiglieri Shipping'sMotion to Compel Election Between Duplicitous and Multiplicitous Counts as further set out. Signed by Chief Judge William H. Steele on 6/6/2012. (mbp) (Entered: 06/07/2012)
06/11/2012127 NOTICE Of Unavailability by Giuseppe Bottiglieri Shipping Co. S.P.A. (Chalos, George) (Entered: 06/11/2012)
06/12/2012128 ENDORSED ORDER finding as moot 99 Motion for Order to Show Cause as to Giuseppe Bottiglieri Shipping Co. S.P.A. (1), Vito La Forgia (2); granting 117 Motion as to Giuseppe Bottiglieri Shipping Co. S.P.A. (1); finding as moot 118 Motion to Expedite as to Giuseppe Bottiglieri Shipping Co. S.P.A. (1). Signed by Magistrate Judge William E. Cassady on 6/12/2012. (Cassady, William) (Entered: 06/12/2012)
06/14/2012129 ORDER as to Vito La Forgia, Giuseppe Bottiglieri Shipping Co. S.P.A., This cause shall come before Magistrate Judge William E. Cassady for a status conference, via telephone, on June 19, 2012, at 2:00 p.m. To access the conference, the parties shall use the following numbers: CALL IN 251-694-4296; PASS CODE 418000. Signed by Magistrate Judge William E. Cassady on 6/14/2012. (eec) (Entered: 06/14/2012)
06/19/2012  Minute Entry for proceedings held before Magistrate Judge William E. Cassady:Status Conference (by telephone) as to Vito La Forgia, Giuseppe Bottiglieri Shipping Co. S.P.A. held on 6/19/2012. FTR Digital Audio Recording. (eec) (Entered: 06/19/2012)
06/26/2012130  MOTION Rulings on Objections by USA as to Vito La Forgia, Giuseppe Bottiglieri Shipping Co. S.P.A.. (Attachments: # 1 Text of Proposed Order) (Mikolop, Todd) (Entered: 06/26/2012)
06/27/2012131 Proposed Voir Dire by USA as to Giuseppe Bottiglieri Shipping Co. S.P.A., Vito La Forgia (Anderson, Michael) (Entered: 06/27/2012)
06/27/2012132 Proposed Voir Dire by Vito La Forgia (McCarthy, Brian) (Entered: 06/27/2012)
06/27/2012133 RESPONSE to 130 MOTION Rulings on Objections filed by Defendant Vito La Forgia (McCarthy, Brian) (Entered: 06/27/2012)
06/27/2012134 Proposed Voir Dire by Giuseppe Bottiglieri Shipping Co. S.P.A. (Chalos, George) (Entered: 06/27/2012)
06/27/2012135  MOTION to Strike and/or Deny Motion for Advance Ruling on Objections Raised During the Deposition of Mario Salierno (Doc. 130) by Giuseppe Bottiglieri Shipping Co. S.P.A.. (Attachments: # 1 Exhibit A) (Chalos, George) (Entered: 06/27/2012)
06/28/2012  Minute Entry for proceedings held before Judge Callie V. S. Granade:Telephone Conference as to Vito La Forgia, Giuseppe Bottiglieri Shipping Co. S.P.A. held on 6/28/2012 re: 130 Motion for Advance Ruling on Objections Raised During the Deposition of Mario Salierno. Motion is moot. Court Reporter R. Isbell. (tot) (Entered: 06/28/2012)
06/28/2012136 Notice of Appearance of Jonathan J. B. Segarra Attorney: Jonathan J. B. Segarra by Giuseppe Bottiglieri Shipping Co. S.P.A. (Segarra, Jonathan) Modified on 6/29/2012 (mjn). (Entered: 06/28/2012)
06/29/2012137 ENDORSED ORDER finding as moot 130 Motion as to Giuseppe Bottiglieri Shipping Co. S.P.A. (1), Vito La Forgia (2). During a telephone conference with counsel for all parties yesterday, the Government informed the court that it appears the witness in question will be available for trial. Should the witness become unavailable, the Government may refile the motion. Signed by Judge Callie V. S. Granade on 6/29/2012. (Granade, Callie) (Entered: 06/29/2012)
06/29/2012138 ENDORSED ORDER finding as moot 135 Motion to Strike as to Giuseppe Bottiglieri Shipping Co. S.P.A. (1). See Order at Docket Entry 137. Signed by Judge Callie V. S. Granade on 6/29/2012. (Granade, Callie) (Entered: 06/29/2012)
07/02/2012  Minute Entry for proceedings held before Magistrate Judge Sonja F. Bivins: Jury Selection as to Vito La Forgia, Giuseppe Bottiglieri Shipping Co. S.P.A. held on 7/2/2012; Counsel present: George Chalos, Ben Sagara, Patrick Ward; Brian McCarthy, Michael Chalos, Michael Anderson, G. Donner and T. Mikolop Court Reporter Eddie Howard.Interpreter Lucia Mentani. (mjn) (Entered: 07/02/2012)
07/02/2012  Set Hearings as to Vito La Forgia, Giuseppe Bottiglieri Shipping Co. S.P.A.: Jury Trial set for 7/11/2012 at 9:00 AM in US Courthouse, Courtroom 2B, 113 St. Joseph Street, Mobile, AL 36602 before Judge Callie V. S. Granade. (mab) (Entered: 07/05/2012)
07/03/2012139 NOTICE of Intent to Introduce Rule 609 Evidence by USA as to Giuseppe Bottiglieri Shipping Co. S.P.A., Vito La Forgia (Anderson, Michael) (Entered: 07/03/2012)
07/03/2012140  MOTION to Exclude Expert Witness by USA as to Vito La Forgia, Giuseppe Bottiglieri Shipping Co. S.P.A.. (Attachments: # 1 Exhibit 1) (Anderson, Michael) (Entered: 07/03/2012)
07/05/2012141 ENDORSED ORDER as to Vito La Forgia and Giuseppe Bottiglieri Shipping Co. S.P.A. re: 140 MOTION to Exclude Expert Witness filed by USA. Defendants are ORDERED to show cause why the motion should not be granted no later than 12:00 Noon on July 6, 2012. Signed by Judge Callie V. S. Granade on 7/5/2012. (mab) (Entered: 07/05/2012)
07/06/2012142 RESPONSE TO ORDER TO SHOW CAUSE re: 141 Order Setting Motion Deadline/Hearing, by Giuseppe Bottiglieri Shipping Co. S.P.A. as to Giuseppe Bottiglieri Shipping Co. S.P.A. (Attachments: # 1 Exhibit 1 - 3) (Chalos, George) (Entered: 07/06/2012)
07/06/2012143 Proposed Jury Instructions by Giuseppe Bottiglieri Shipping Co. S.P.A. (Chalos, George) (Entered: 07/06/2012)
07/06/2012144 NOTICE of Proposed Verdict Sheet by Giuseppe Bottiglieri Shipping Co. S.P.A. (Chalos, George) (Entered: 07/06/2012)
07/09/2012145  MOTION in Limine to Strike Notice of Intent to Introduce Rule 609 Evidence and to Preclude the Government from Introducing Purported Prior Conviction Evidence by Giuseppe Bottiglieri Shipping Co. S.P.A.. (Attachments: # 1 Exhibit 1 - 6) (Chalos, George) (Entered: 07/09/2012)
07/09/2012146  MOTION in Limine to Take Judicial Notice of the Payment of Monetary Rewards to Whistleblowers Under the Act to Prevent Pollution from Ships by Giuseppe Bottiglieri Shipping Co. S.P.A.. (Attachments: # 1 Exhibit A) (Chalos, George) (Entered: 07/09/2012)
07/11/2012147 RESPONSE in Opposition by USA as to Vito La Forgia, Giuseppe Bottiglieri Shipping Co. S.P.A. re 146 MOTION in Limine to Take Judicial Notice of the Payment of Monetary Rewards to Whistleblowers Under the Act to Prevent Pollution from Ships (Mikolop, Todd) (Entered: 07/11/2012)
07/11/2012148 Proposed Jury Instructions by USA as to Giuseppe Bottiglieri Shipping Co. S.P.A., Vito La Forgia (Anderson, Michael) (Entered: 07/11/2012)
07/11/2012  NOTICE OF HEARING as to Giuseppe Bottiglieri Shipping Co. S.P.A.: Change of Plea Hearing set for 7/11/2012 at 2:30 PM in US Courthouse, Courtroom 2B, 113 St. Joseph Street, Mobile, AL 36602 before Judge Callie V. S. Granade. (mab) (Entered: 07/11/2012)
07/11/2012  Minute Entry for proceedings held before Judge Callie V. S. Granade: Change of Plea Hearing as to Giuseppe Bottiglieri Shipping Co. S.P.A. held on 7/11/2012. Court Reporter Roy Isbell. Interpreter Lucia Mentani & Massimo Dell'aria. Sentencing set for 8/15/2012 at 1:00 p.m. (mab) (Entered: 07/11/2012)
07/11/2012149 PLEA AGREEMENT as to Giuseppe Bottiglieri Shipping Co. S.P.A. without written factual resume. (mab) (Entered: 07/11/2012)
07/11/2012150 Order on Guilty Plea entered as to Giuseppe Bottiglieri Shipping Co. S.P.A. Defendant entered into a plea of guilty as to Count 4, charging the offense of knowing failure to maintain accurate oil record books-Act to Prevent Pollution from Ships in violation of Title 33, USC Section 1908(a). Defense Counsel George M. Chalos, Esquire (retained). Government Counsel Assistant U. S. Attorney Michael D. Anderson, and Environmental Crimes Section Trial Attorneys Gary N. Donner and Todd S. Mikolop. Defendant's guilty plea was accepted 07/11/2012 and Defendant was found guilty as charged. The plea agreement was written. The maximum penalties are $500,000.00 fine, or twice the gross gain or loss from the unlawful conduct, Probationary term of 5 years, mandatory special assessment $400.00. Pending sentencing Defendant shall remain on conditions of release. Court Reporter Roy Isbell; Italian Interpreters Lucia Mentani and Massimo Dell'aria. This is a text only order. Sentencing set for 8/15/2012 at 1:00 PM in US Courthouse, Courtroom 2B, 113 St. Joseph Street, Mobile, AL 36602 before Judge Callie V. S. Granade. Expedited Presentence Investigation Report due 8/8/2012. On or before 8/13/2012 the parties shall each file a Position with Respect to Sentencing Factors in accordance with this Courts Standing Order Number Five. Signed by Judge Callie V. S. Granade on 7/11/2012. (mab) (Entered: 07/11/2012)
07/11/2012  Minute Entry for proceedings held before Judge Callie V. S. Granade:In Camera Hearing as to Vito La Forgia, Giuseppe Bottiglieri Shipping Co. S.P.A. held on 7/11/2012 re: postponement of trial to allow for settlement negotiations. Court Reporter Roy Isbell. Trial postponed to 7/12/12. Counsel to report at 8:30 a.m. on 7/12/12. (mab) (Entered: 07/11/2012)
07/11/2012151 Proposed Jury Instructions by Vito La Forgia (McCarthy, Brian) (Entered: 07/11/2012)
07/11/2012152 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Vito La Forgia, Giuseppe Bottiglieri Shipping Co. S.P.A. held on 7/11/2012 DISCUSSION IN CHAMBERS before Judge Callie V. S. Granade. Court Reporter Roy Isbell, Telephone number 251-690-3085. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have twenty-one (21) 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 will be made remotely electronically available to the public without redaction after 90 calendar days. Notice of Transcript Redaction to be filed by 8/1/2012. Redaction Request due 8/1/2012. Redacted Transcript Deadline set for 8/13/2012. Release of Transcript Restriction set for 10/9/2012. (Isbell, Roy) (Entered: 07/11/2012)
07/11/2012153 Notice of Intent to Plead Guilty to Count(s) Four as to Vito La Forgia (Anderson, Michael) (Entered: 07/11/2012)
07/12/2012  Minute Entry for proceedings held before Judge Callie V. S. Granade: Change of Plea Hearing as to Vito La Forgia held on 7/12/2012. Court Reporter Roy Isbell. Italian Interpreters Lucia Mentani and Massimo Dell'aria. (mab) (Entered: 07/12/2012)
07/12/2012154 PLEA AGREEMENT as to Vito La Forgia with factual resume (mab) (Entered: 07/12/2012)
07/12/2012155 Order on Guilty Plea entered as to Vito La Forgia. Defendant entered a plea of guilty as to Count 4 of the Indictment, charging the offense of knowing failure to maintain accurate oil record books-Act to Prevent Pollution from Ships in violation of Title 33, USC Section 1908(a). Defense Counsel Michael G. Chalos, Esquire (retained). Government Counsel Assistant U. S. Attorney Michael D. Anderson and U. S. Department of Justice Attorneys Gary Donner and Todd Mikolop. Defendant's guilty plea was accepted on 7/12/2012 and Defendant was found guilty as charged. The plea agreement was written. The maximum penalties are Up to 6 years imprisonment, $250,000.00 fine, SRT 3 years, SA $100.00. Pending sentencing Defendant shall remain on conditions of release. Court Reporter Roy Isbell; Italian Interpreters Lucia Mentani and Massimo Dell'aria. This is a text only order. Sentencing set for 8/15/2012 01:00 PM in US Courthouse, Courtroom 2B, 113 St. Joseph Street, Mobile, AL 36602 before Judge Callie V. S. Granade. Expedited Presentence Investigation Report due 8/8/2012. On or before 8/13/2012 the parties shall each file a Position with Respect to Sentencing Factors in accordance with this Courts Standing Order Number Five. Signed by Judge Callie V. S. Granade on 7/12/2012. (mab) (Entered: 07/12/2012)
07/24/2012156 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Giuseppe Bottiglieri Shipping Co. S.P.A. held on 7/11/2012, PLEA OF GIUSEPPE BOTTIGLIERI SHIPPING CO., S.P.A., before Judge Callie V. S. Granade. Court Reporter Roy Isbell, Telephone number 251-690-3085. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have twenty-one (21) 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 will be made remotely electronically available to the public without redaction after 90 calendar days. Notice of Transcript Redaction to be filed by 8/14/2012. Redaction Request due 8/14/2012. Redacted Transcript Deadline set for 8/24/2012. Release of Transcript Restriction set for 10/22/2012. (Isbell, Roy) (Entered: 07/24/2012)
07/24/2012157 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Vito La Forgia held on 7/12/2012, PLEA OF VICTOR LA FORGIA before Judge Callie V. S. Granade. Court Reporter Roy Isbell, Telephone number 251-690-3085. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have twenty-one (21) 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 will be made remotely electronically available to the public without redaction after 90 calendar days. Notice of Transcript Redaction to be filed by 8/14/2012. Redaction Request due 8/14/2012. Redacted Transcript Deadline set for 8/24/2012. Release of Transcript Restriction set for 10/22/2012. (Isbell, Roy) (Entered: 07/24/2012)
07/25/2012158 Emergency MOTION to Discharge Material Witness Warrants, for the Return of Passports So Crew Members may be Repatriated, and the Discharge of Certain Obligations Under the Agreement on Security by Giuseppe Bottiglieri Shipping Co. S.P.A.. (Attachments: # 1 Exhibit A - E, # 2 Text of Proposed Order) (Chalos, George) (Entered: 07/25/2012)
07/25/2012159 ORDER re: 158 MOTION to Discharge Material Witness Warrants, for the Return of Passports So Crew Members may be Repatriated, and the Discharge of Certain Obligations Under the Agreement on Security filed by Giuseppe Bottiglieri Shipping Co. S.P.A. USA's response to motion due by 8/1/2012. Signed by Judge Callie V. S. Granade on 7/25/2012. (mab) (Entered: 07/25/2012)
07/26/2012160 RESPONSE to 158 Emergency MOTION to Discharge Material Witness Warrants, for the Return of Passports So Crew Members may be Repatriated, and the Discharge of Certain Obligations Under the Agreement on Security filed by Plaintiff USA (Anderson, Michael) (Entered: 07/26/2012)
07/27/2012161 ORDER, (1) granting 158 Emergency MOTION to Discharge Material Witness Warrants, for the Return of Passports So Crew Members may be Repatriated, and the Discharge of Certain Obligations Under the Agreement on Security as to Giuseppe Bottiglieri Shipping Co. S.P.A. (2) Material witness warrants issued as to Mauro Serra, Geoffrey Rasay Bagcal, Papy Paalishbo Bucol, Stephen Carrillo Mondigo, Donald Dinulma Tidang, and Rey Dato-On Arabejo are discharged. (3) The Clerk of Court is directed to return the passports of the six detained crew members. (4) Defendant Giuseppe Bottiglieri Shipping Company S.P.A.'s obligation under the Agreement on Security to continue to pay total wages for the former crew members of the M/V Bottiglieri Challenger will be discharged as to each of the six detained crew at the time each departs the United States. Signed by Judge Callie V. S. Granade on 7/27/2012. (mab) (Entered: 07/27/2012)
07/30/2012162 Receipt for Return of Passport as to 6 material witnesses re: Order 161 . (mpp) (Additional attachment(s) added on 7/30/2012: # 1 Color ID) (mpp, ). (Entered: 07/30/2012)
08/06/2012163 NOTICE OF HEARING as to Giuseppe Bottiglieri Shipping Co. S.P.A.: Sentencing hearing RESET for 1:30 p.m. on 8/15/2012 in US Courthouse, Courtroom 2B, 113 St. Joseph Street, Mobile, AL 36602 before Judge Callie V. S. Granade. (mab) (Entered: 08/06/2012)
08/06/2012164 NOTICE OF HEARING as to Vito La Forgia: Sentencing hearing RESET for 2:00 p.m. on 8/15/2012 in US Courthouse, Courtroom 2B, 113 St. Joseph Street, Mobile, AL 36602 before Judge Callie V. S. Granade. (mab) (Entered: 08/06/2012)
08/06/2012  NOTICE OF HEARING as to Giuseppe Bottiglieri Shipping Co. S.P.A.: Sentencing hearing in this matter is set before U.S. District Judge Callie V. S. Granade for Wednesday, August 15, 2012 at 1:30 p.m., to be held in Courtroom 2B. NOTE: Convicted persons are to be prepared to pay the special assessment, pursuant to the provisions of Title 18 U.S.C. Section 3013, at the time of sentencing. Counsel are reminded of their obligation under Standing Order No. 5 to file notice with the Court if they anticipate that the sentencing hearing will exceed thirty (30) minutes. A TIP Italian Interpreter has been requested. (mab) (Entered: 08/06/2012)
08/06/2012  NOTICE OF HEARING as to Vito La Forgia: Sentencing hearing in this matter is set before U.S. District Judge Callie V. S. Granade for August 15, 2012 at 2:00 p.m., to be held in Courtroom 2B. NOTE: Convicted persons are to be prepared to pay the special assessment, pursuant to the provisions of Title 18 U.S.C. Section 3013, at the time of sentencing. Counsel are reminded of their obligation under Standing Order No. 5 to file notice with the Court if they anticipate that the sentencing hearing will exceed thirty (30) minutes. A TIP Italian Interpreter has been requested. (mab) (Entered: 08/06/2012)
08/06/2012165 NOTICE OF HEARING as to Giuseppe Bottiglieri Shipping Co. S.P.A. RESETTING Sentencing Hearing for 10:30 a.m. on 8/15/2012 in US Courthouse, Courtroom 2B, 113 St. Joseph Street, Mobile, AL 36602 before Judge Callie V. S. Granade. (mab) (Entered: 08/06/2012)
08/06/2012166 NOTICE OF HEARING as to Vito La Forgia, Sentencing hearing RESET for 10:30 a.m. on 8/15/2012 in US Courthouse, Courtroom 2B, 113 St. Joseph Street, Mobile, AL 36602 before Judge Callie V. S. Granade. (mab) (Entered: 08/06/2012)
08/10/2012170 POSITION regarding sentencing factors filed by USA as to Vito La Forgia Without Objections (Anderson, Michael) (Entered: 08/10/2012)
08/10/2012171 POSITION regarding sentencing factors filed by USA as to Giuseppe Bottiglieri Shipping Co. S.P.A. Without Objections (Anderson, Michael) (Entered: 08/10/2012)
08/13/2012172 POSITION regarding sentencing factors by Giuseppe Bottiglieri Shipping Co. S.P.A. with objections (Chalos, George) (Entered: 08/13/2012)
08/13/2012173 SENTENCING MEMORANDUM by USA as to Vito La Forgia (Mikolop, Todd) (Entered: 08/13/2012)
08/13/2012174 SENTENCING MEMORANDUM by Vito La Forgia (McCarthy, Brian) (Entered: 08/13/2012)
08/15/2012  Minute Entry for proceedings held before Judge Callie V. S. Granade: Sentencing held on 8/15/2012 for Giuseppe Bottiglieri Shipping Co. S.P.A. Count 4 - Probation 4 years. Special conditions (1) financial information to Probation (2) compliance with Environmental Compliance Plan. Fine imposed in the amount of $1,000,000.00 and Community Restitution imposed in the amount of $300,000.00; to be paid as set forth in plea agreement and judgment. SA $400.00. Counts 1, 2 & 3 dismissed on motion of the government. Court Reporter Roy Isbell. Interpreter TIP Italian Interpreter Nancy Gilmour. (mab) (Entered: 08/15/2012)
08/15/2012  Minute Entry for proceedings held before Judge Callie V. S. Granade: Sentencing held on 8/15/2012 for Vito La Forgia, Count 4 - Imprisonment 1 month. Recommendation to BOP that defendant's designation be expedited. 1 year of unsupervised release. Special condition: the defendant is to repatriate to Italy once he is released from incarceration. If he remains in the United States, defendant shall comply with the standard conditions of supervision. Substance abuse testing waived. SA $100.00. Defendant allowed to self surrender. Counts 1, 2 & 3 dismissed on motion of the government. Court Reporter Roy Isbell. Interpreter TIP Italian Interpreter Nancy Gilmour. (mab) (Entered: 08/15/2012)
08/16/2012182 JUDGMENT as to Giuseppe Bottiglieri Shipping Co. S.P.A., Count 4 - Probation 4 years. Special conditions (1) financial information to Probation (2) compliance with Environmental Compliance Plan. Fine imposed in the amount of $1,000,000.00 and Restitution imposed in the amount of $300,000.00; all to be paid as set forth in plea agreement and judgment. SA $400.00. Signed by Judge Callie V. S. Granade on 8/16/2012. (mab) (Entered: 08/16/2012)
08/16/2012184 JUDGMENT as to Vito La Forgia, Count 4 - Imprisonment 1 month. Recommendation to BOP that defendant's designation be expedited. 1 year of unsupervised release. Special condition: the defendant is to repatriate to Italy once he is released from incarceration. If he remains in the United States, defendant shall comply with the standard conditions of supervision. Substance abuse testing waived. SA $100.00. Counts 1, 2 & 3 dismissed on motion of the government. Signed by Judge Callie V. S. Granade on 8/16/2012. (mab) (Entered: 08/16/2012)
09/07/2012186 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Giuseppe Bottiglieri Shipping Co. S.P.A. held on 8/15/2012, SENTENCING OF GIUSEPPE BOTTIGLIERI SHIPPING CO. before Judge Callie V. S. Granade. Court Reporter Roy Isbell, Telephone number 251-690-3085. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have twenty-one (21) 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 will be made remotely electronically available to the public without redaction after 90 calendar days. Notice of Transcript Redaction to be filed by 9/28/2012. Redaction Request due 9/28/2012. Redacted Transcript Deadline set for 10/9/2012. Release of Transcript Restriction set for 12/6/2012. (Isbell, Roy) (Entered: 09/07/2012)
09/07/2012187 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Vito La Forgia held on 8/15/2012, SENTENCING OF VITO LA FORGIA, before Judge Callie V. S. Granade. Court Reporter Roy Isbell, Telephone number 251-690-3085. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have twenty-one (21) 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 will be made remotely electronically available to the public without redaction after 90 calendar days. Notice of Transcript Redaction to be filed by 9/28/2012. Redaction Request due 9/28/2012. Redacted Transcript Deadline set for 10/9/2012. Release of Transcript Restriction set for 12/6/2012. (Isbell, Roy) (Entered: 09/07/2012)
09/21/2012188  MOTION of United States for Award Pursuant to 33 U.S.C. Section 1908(a) by USA as to Vito La Forgia, Giuseppe Bottiglieri Shipping Co. S.P.A. (Anderson, Michael) (Entered: 09/21/2012)
09/24/2012189 (SET ASIDE pursuant to 191 order) ORDER granting 188 Motion for Award pursuant to 33 USC Section 1908(a) as to Giuseppe Bottiglieri Shipping Co. S.P.A. From the $500,000.00 fine paid by Defendant Giuseppe Bottiglieri Shipping Company, S.P.A., with respect to Count Four of the Indictment charging a violation of the Act to Prevent Pollution from Ships, the clerk of court shall pay the sums to the individuals as set forth in order. Signed by Judge Callie V. S. Granade on 9/24/2012. (copy to Finance) (mab) Modified on 9/26/2012 (mab). (Entered: 09/24/2012)
09/24/2012190  MOTION to Set Aside Judgment and Order Granting United States' Motion for Award Pursuant to 33 U.S.C. 1908(a). Doc. 189 by Giuseppe Bottiglieri Shipping Co. S.P.A.. (Attachments: # 1 Exhibit 1 - 2, # 2 Text of Proposed Order) (Chalos, George) (Entered: 09/24/2012)
09/26/2012191 ORDER as to Giuseppe Bottiglieri Shipping Co. S.P.A., granting 190 MOTION to Set Aside Order Granting United States' Motion for Award Pursuant to 33 U.S.C. Section 1908(a); setting aside 189 order; and directing defendant to file its response to the 188 United States' Motion for Award Pursuant to 33 U.S.C. Section 1908(a) by 9/28/2012. Signed by Judge Callie V. S. Granade by Kristi K. DuBose on 9/26/2012. (mab) (Entered: 09/26/2012)
09/26/2012192 Unopposed MOTION Requesting the Return of the Defendant's Passport from the Clerk of the Court by Vito La Forgia. (Attachments: # 1 Text of Proposed Order) (McCarthy, Brian) (Entered: 09/26/2012)
09/27/2012193 ORDER granting 192 Unopposed Motion Requesting the Return of the Passport of Vito La Forgia, and directing the clerk of court to return passport to Mr. La Forgia's attorneys once counsel signs the release form. Signed by Judge Kristi K. DuBose for Judge Callie V. S. Granade on 9/27/2012. (mab) (Entered: 09/27/2012)
09/28/2012194 RESPONSE in Opposition by Giuseppe Bottiglieri Shipping Co. S.P.A. re 188 MOTION of United States for Award Pursuant to 33 U.S.C. Section 1908(a) (Attachments: # 1 Exhibit 1 - 11) (Chalos, George) (Entered: 09/28/2012)
10/15/2012195 Receipt for Return of Passport as to Vito La Forgia. Passport Number F723087 issued by Italy. Returned to Attorney Patrick Ward. (jlr) (Entered: 10/15/2012)
10/16/2012196 ORDER as to Giuseppe Bottiglieri Shipping Co. S.P.A. re: 188 MOTION of United States for Award Pursuant to 33 U.S.C. Section 1908(a) filed by USA and Defendant's 194 response in opposition. The United States may file any reply by 10/23/2012. Signed by Judge Callie V. S. Granade on 10/16/2012. (mab) (Entered: 10/16/2012)
10/23/2012197 REPLY TO RESPONSE to Motion by USA as to Vito La Forgia, Giuseppe Bottiglieri Shipping Co. S.P.A. re 194 Response in Opposition to United States' Motion for Award Pursuant to 33 U.S.C. Section 1908(a) (Mikolop, Todd) (Entered: 10/23/2012)
10/25/2012198 ORDER as to Giuseppe Bottiglieri Shipping Co. S.P.A., granting the United States' 188 motion for award pursuant to 33 U.S.C. Section 1908(a). Signed by Judge Callie V. S. Granade on 10/25/2012. (mab) (Entered: 10/25/2012)
12/10/2012199 Judgment Returned Executed as to Vito La Forgia. Defendant delivered to Fokston, GA on 9/25/2012. (mab) (Entered: 12/11/2012)