Termed

U.S. District Court
Northern District of Ohio (Cleveland)
CRIMINAL DOCKET FOR CASE #: 1:05-mj-04008-NAV-1


Case title: United States of America v. Green Circle Growers, Inc.

Date Filed: 02/04/2005
Date Terminated: 02/25/2005

Assigned to: Magistrate Judge Nancy A. Vecchiarelli

Defendant (1)
Green Circle Growers, Inc.
TERMINATED: 02/25/2005
represented byStephen D. Williger
Thompson Hine - Cleveland
3900 Key Tower
127 Public Square
Cleveland, OH 44114
216-566-5655
Fax: 216-566-5800
Email: stephen.williger@thompsonhine.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
33:1319(c)(1)(A) Negligent Violation of Clean Water Act permit requirements
(1)
Restitution ordered pursuant to the plea agreement. Special assessment in the amount of $125.00 to be paid immediately to the Clerk of Courts. Restitution in the amount of $200,000 and a fine in the amount of $50,000 to be paid by defendant immediately following sentencing at this proceeding, distributed as follows: $150,000 restitution to the Ohio EPA; $50,000 restitution to Lorain County Soil and Water Conservation District; $50,000 fine to be paid to the Clerk of Courts. Defendant's checks for restitution payments to the parties are to be turned over to the government to be delivered to the payees and copies of restitution checks to be provided to the court. The government shall notify the court when the checks have cleared the financial institution. Fines of more than $2,500 shall be subject to interest if not paid in full before the 15th day after the date of judgment.

Highest Offense Level (Opening)
Misdemeanor

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
United States of America represented byBrad J. Beeson
Office of the U.S. Attorney - Cleveland
Northern District of Ohio
Ste. 400
801 Superior Avenue, W
Cleveland, OH 44113
216-622-3850
Fax: 216-522-8354
Email: beeson.brad@epa.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

John D. Sammon
Office of the U.S. Attorney - Cleveland
Northern District of Ohio
Ste. 400
801 Superior Avenue, W
Cleveland, OH 44113
216-622-3829
Fax: 216-522-8354
Email: john.sammon@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
02/04/20051Information by USA as to Green Circle Growers, Inc. (1) count(s) 1. (Attachments: # 1 Designation Form) (E, P) (Entered: 02/04/2005)
02/18/20052Notice of Hearing as to Green Circle Growers, Inc.: Arraignment set for 2/25/2005 at 10:30 AM in Courtroom 10B before Magistrate Judge Nancy A. Vecchiarelli. (G, W) (Entered: 02/18/2005)
02/25/20056Minutes of proceedings (non-document) before Magistrate Judge Nancy A. Vecchiarelli on 2/25/2005. Arraignment as to Green Circle Growers, Inc. as to Count 1 of the Information. John Van Wingerden, president for the Corporation represented by attorney Stephen D. Williger. AUSA Brad Beeson present for the government. Defendant entered a plea of guilty. Consent to proceed before a Magistrate executed in open court. Waiver of Right to Presentence Investigation Report executed in open court. Defendant waived reading of the information. Plea agreement executed in open court. Special assessment in the amount of $125.00 to be paid immediately to the Clerk of Courts. Restitution in the amount of $200,000 and a fine in the amount of $50,000 to be paid by defendant immediately following this proceeding, distributed as follows: $150,000 restitution to the Ohio EPA; $50,000 restitution to Lorain County Soil and Water Conservation District; $50,000 fine to be paid to the Clerk of Courts. Defendant's checks for restitution payments to the parties are to be turned over to the government to be delivered to the payees and copies of restitution checks to be provided to the court. The government shall notify the court when the checks have cleared the financial institution. Nonpayment of any funds by the financial institution due to insufficient funds will breach the plea agreement.(Court Reporter George Staiduhar) (G, W) Text Modified on 3/1/2005 (G, W). Attachment(s), voided copies of checks, added on 3/1/2005 (G, W). Modified text on 3/2/2005 (C, B). Modified text on 3/10/2005 G, W). (Entered: 03/01/2005)
02/25/20053Consent to Proceed before a U.S. Magistrate Judge in a Misdemeanor Case by Green Circle Growers, Inc. (G, W) (Entered: 03/01/2005)
02/25/20054Waiver of Presentence Investigation Report by Green Circle Growers, Inc. (G, W) (Entered: 03/01/2005)
02/25/20055Plea Agreement as to Green Circle Growers, Inc. (Attachments: # 1 Corporation's Authorization to Act)(G, W) (Entered: 03/01/2005)
02/25/2005  Plea of guilty and sentencing on Count 1 on 02/25/2005. (Court Reporter George Staiduhar) (G, W) (Entered: 03/07/2005)
02/25/20057Judgment signed by Magistrate Judge Nancy A. Vecchiarelli on 02/25/2005 as to Green Circle Growers, Inc. on Count(s) 1. Restitution and fines ordered pursuant to the plea agreement. Restitution in the amount of $200,000, fine in the amount of $50,000 and special assessment in the amount of $125.00 to be paid by defendant immediately following sentencing at this proceeding. Restitution and fines to be distributed as follows: $150,000 restitution to the Ohio EPA; $50,000 restitution to Lorain County Soil and Water Conservation District; $50,000 fine and special assessment in the amount of $125.00 to to be paid to the Clerk of Court. Defendant's checks for restitution payments to the parties are to be turned over to the government to be delivered to the payees and copies of restitution checks to be provided to the court. The government shall notify the court when the checks have cleared the financial institution. Fines of more than $2,500 shall be subject to interest if not paid in full before the 15th day after the date of judgment. (G, W) (Entered: 03/07/2005)
04/08/20058Amended J&C by Magistrate Judge Nancy A. Vecchiarelli entered on 04/08/05 as to Green Circle Growers Inc. Amended Page 2 only to correct typographical error. (Related Document(s) 7 Judgment) (G, W) (Entered: 04/08/2005)
05/18/20059Pursuant to the Court's order, status report by United States of America as to Green Circle Growers, Inc. All resitiution checks issued by defendant Green Circle Growers have cleared their financial institution and the judgement is satisfied. (Related document(s) 7 ) (G, W) (Entered: 05/18/2005)
05/31/200510Judgement satisfaction filed by United States of America as to Green Circle Growers, Inc. (E, P) (Entered: 06/01/2005)