CLOSED

U.S. District Court
District of Alaska (Juneau)
CRIMINAL DOCKET FOR CASE #: 1:04-cr-00005-PMP-1


Case title: USA v. Hal Maritime LTD

Date Filed: 11/30/2004
Date Terminated: 12/13/2004

Assigned to: Philip M. Pallenberg

Defendant (1)
Hal Maritime LTD
TERMINATED: 12/13/2004
represented byDavid V. Marshall
Davis Wright Tremaine LLP (Bellevue)
777- 108th Avenue, N.E., Suite 2300
Bellevue, WA 98004-5149
425-646-6137
Fax: 425-646-6199
Email: davidmarshall@dwt.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Robert K. Stewart , Jr.
Davis Wright Tremaine LLP (Anch)
701 W. 8th Avenue, Suite 800
Anchorage, AK 99501
907-257-5300
Fax: 907-257-5399
Email: bobstewart@dwt.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
None

Highest Offense Level (Opening)
None

Terminated Counts

Disposition
Section 1(a)(4) of Public Law 106-554 (December 21, 2000), XIV of the Certain Alaskan Cruise Ship Operation Legislation, Section 1403 & 1409 (d)(1) and the "Murkowski Cruise Ship Law"
(1)
$200,000 fine; $125 SA; $500,000 to National Forest Foundation; Fully fund Focused Enviromental Compliance Plan previously filed spending $1.3 million to fully fund and implement said plan for 5 years; 36 mos probation

Highest Offense Level (Terminated)
Misdemeanor

Complaints

Disposition
None


Plaintiff
USA represented byNelson P. Cohen
U.S. Attorney's Office (Anch)
222 West 7th Avenue, #9
Anchorage, AK 99513
Email: kevin.feldis@usdoj.gov
TERMINATED: 04/13/2007
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Todd Mikolop
U.S. Attorney's Office (Anch)
222 West 7th Avenue, #9
Anchorage, AK 99513
907-271-5071
Fax: 907-271-1500
Email: todd.mikolop@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
12/13/2004  Minute Entry (STATISTICAL ENTRY) for proceedings held before Judge Philip M. Pallenberg :Sentencing held on 12/13/2004 for Hal Maritime LTD (1), Count(s) 1, $200,000 fine; $125 SA; $500,000 to National Forest Foundation; Fully fund Focused Enviromental Compliance Plan previously filed spending $1.3 million to fully fund and implement said plan for 5 years; 36 mos probation. (DPM, COURT STAFF) (Entered: 04/02/2007)
12/14/200417Copy of ACMS docket. Click on the hyperlink to access docket entries 17 from prior ACMS system.(DPM, COURT STAFF) (Entered: 04/02/2007)
01/03/2006  All future filings will be in the CM/ECF System. All documents filed prior to January 3, 2006, are available for review at the Clerk's Office.(DPM, COURT STAFF) (Entered: 04/02/2007)
04/12/200718Consent MOTION for Early Termination of Probation for Hal Maritime LTD (1) Count 1 Unopposed by Hal Maritime LTD. (Attachments: # 1 Proposed Order Terminating Probation)(Marshall, David) (Entered: 04/12/2007)
04/12/200719Consent UNOPPOSED MOTION Declaration of David Marshall by Hal Maritime LTD. (Attachments: # 3 Exhibit Marshall Decl Ex C Clerks Receipt for Fine Payment)(Marshall, David) Modified on 4/13/2007 to reflect error in event type. Document terminated, to be refiled as a Notice(Other)(EKS, COURT STAFF). (Entered: 04/12/2007)
04/12/200720Consent UNOPPOSED MOTION Declaration of William Morani by Hal Maritime LTD. (Attachments: # 11 Exhibit Table of Contents to Morani Decl Exhibits)(Marshall, David) Modified on 4/13/2007 to reflect error in event type selected. Motion terminated, document to be refiled as a Notice(Other) (EKS, COURT STAFF). (Entered: 04/12/2007)
04/13/2007  Docket Annotation as to Hal Maritime LTD: Error 20 Consent UNOPPOSED MOTION Declaration of William Morani filed by Hal Maritime LTD. Wrong event selected. Correction: Motion terminated. Counsel to refile the Declarations using the event Notice(Other) and link to the motion at docket 18. (EKS, COURT STAFF) (Entered: 04/13/2007)
04/13/200721NOTICE Declaration of David Marshall by Hal Maritime LTD re 3 Exhibit C Clerk's Receipt for Fine Payment)(Marshall, David) (Entered: 04/13/2007)
04/13/200722NOTICE Decl of William J. Morani, Jr. by Hal Maritime LTD re 11 Exhibit J HAL Environmental Policy)(Marshall, David) (Entered: 04/13/2007)
04/13/200723 Notice to Counsel re 21 Notice (Other), Notice (Other) filed by Hal Maritime LTD,. A review of the document submitted at dkt 21 and 22 confirms that it is over 25 pages in length. If a COURTESY paper copy of the pleading has not been forwarded to the Court, counsel is reminded that, pursuant to D.Ak.LR 10.1(b) and the Administrative Policies and Procedures, you are required to provide the court with a COURTESY paper copy of your filing at dkt 21 and 22. The COURTESY paper copy must be attached to a copy of the Notice of Electronic Filing and must be printed with the ECF pdf header on each page. (EKS, COURT STAFF) (Entered: 04/13/2007)
04/13/200724NOTICE OF ATTORNEY APPEARANCE Todd Mikolop appearing for USA. (Mikolop, Todd) (Entered: 04/13/2007)
05/10/200725 PMP ORDER that defendant HAL Maritime, Ltd. has moved at docket 18 to terminate its probation early, with the concurrence of the government, contending that it has fully complied with its obligations under the Plea Agreement and the judgment of conviction. The Plea Agreement allowed the defendant to seek early termination of its probation after two (2) years if the defendant has submitted an Action Plan Completion Certification and otherwise satisfactorily implemented the requirements of the Plea Agreement. 18 USC 3564(c) authorizes the court to allow early termination of probation if the court finds that termination is warranted by the conduct of the defendant and the interest of justice. The court has carefully reviewed the defendant's motion, the accompanying declarations, and all the attachments thereto, and is satisfied that the defendant has substantially complied with its obligations. In light of the measures taken by the defendant and the concurrence of the government, the court finds that early termination of probation is in the interests of justice. Accordingly, the defendant's motion for early termination is GRANTED and the defendant HAL Maritime, Limited is discharged from probation. The court notes that the Plea Agreement requires continued implementation of the defendant's responsibilities under the Focused ECP and expects the defendant to comply with its agreement. cc: USM, USPO (DPM, COURT STAFF) (Entered: 05/10/2007)