U.S. District Court
Northern District of Ohio (Cleveland)
CRIMINAL DOCKET FOR CASE #: 1:04-mj-06033-GJL-2,3,4,5


Case title: United States of America v. Pavicic et al

Date Filed: 03/25/2004

Assigned to: Magistrate Judge George J. Limbert

Defendant (2)
Cleveland Tax and Financial Services
TERMINATED: 08/16/2004
represented byDouglas K. Paul
Christley, Herington & Pierce
215 W. Garfield Road
Ste. 230
Aurora, OH 44202
330-562-3156
Fax: 330-562-9540
Email: dkp@chpohiolaw.com
TERMINATED: 08/16/2004
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Terry W. Vincent
Brouse McDowell - Cleveland
Ste. 1600
600 Superior Avenue, E
Cleveland, OH 44114
216-830-6830
Fax: 216-830-6807
Email: tvincent@brouse.com
TERMINATED: 08/16/2004
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Walter A. Lucas
Weston Hurd - Cleveland
Ste. 1900
1301 East Ninth Street
Cleveland, OH 44114
216-687-3244
Fax: 621-8369
Email: Slucas@westonhurd.com
TERMINATED: 08/16/2004
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:371 Conspiracy to defaud the United States
(1)
31:333 (a)(1), (3) and (5) Fraudulent use of DOT and IRS Logo
(2)

Highest Offense Level (Opening)
Misdemeanor

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Magistrate Judge George J. Limbert

Defendant (3)
Heidenreich & Co
TERMINATED: 08/25/2004
represented byKent R. Minshall, Jr.
Minshall Law Office
2189 Professor Avenue
Cleveland, OH 44113
216-357-5900
Fax: 216-357-2780
Email: minlawcleve@yahoo.com
TERMINATED: 08/25/2004
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:371 Conspiracy to defaud the United States
(1)
Defendant pled guilty to the information; defendant sentenced to 1 year of probation with standard/special conditions as ordered; further, defendant to pay a $125 special assessment, which is due immediately; defendant shall not incur new credit charges or open additional lines of credit without the approval of the Probation Officer; defendant shall provide the Probation Office access to any requested financial information; defendant shall report in person to the U.S. Probation Office in the district to which defendant is released; defendant shall pay a fine of $500 no later than 9/24/04.

Highest Offense Level (Opening)
Misdemeanor

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Magistrate Judge George J. Limbert

Defendant (4)
Carlyle Financial Group, LLC
TERMINATED: 08/25/2004
represented byKent R. Minshall, Jr.
Minshall Law Office
2189 Professor Avenue
Cleveland, OH 44113
216-357-5900
Fax: 216-357-2780
Email: minlawcleve@yahoo.com
TERMINATED: 08/25/2004
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:371 Conspiracy to defaud the United States
(1)
Defendant pled guilty to the information; defendant sentenced to one year of probation with standard/special conditions as ordered; defendant to pay a special assessment of $125, which is due immediately; defendant shall not incur new credit charges or open additional lines of credit without the approval of the probation officer; defendant shall provide the probation office access to any requested financial information; defendant shall report in person to the U.S. Probation Office in the district to which defendant is released within 72 hours of release; defendant shall pay a fine of $500 no later than 9/24/04.

Highest Offense Level (Opening)
Misdemeanor

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Magistrate Judge George J. Limbert

Defendant (5)
M & S Tax Advisors
TERMINATED: 08/25/2004
represented byKent R. Minshall, Jr.
Minshall Law Office
2189 Professor Avenue
Cleveland, OH 44113
216-357-5900
Fax: 216-357-2780
Email: minlawcleve@yahoo.com
TERMINATED: 08/25/2004
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:371 Conspiracy to defaud the United States
(1)
Defendant pled guilty to the information; defendant sentenced to one year of probation with standard/special conditions as ordered; defendant to pay a special assessment of $125, which is due immediately; defendant shall not incur new credit charges or open additional lines of credit without the approval of the probation officer; defendant shall provide the probation office access to any requested financial information; defendant shall report to the U.S. Probation Office in the district to which defendant is released within 72 hours of release; defendant shall pay a fine of $500 no later than 9/24/04.

Highest Offense Level (Opening)
Misdemeanor

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
United States of America represented byGregory C. Sasse
Office of the U.S. Attorney - Cleveland
Northern District of Ohio
Ste. 400
801 Superior Avenue, W
Cleveland, OH 44113
216-622-3804
Fax: 216-522-8355
Email: gregory.c.sasse@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
03/25/2004Information by USA as to Edward Pavicic (1) count(s) 1, 2, Cleveland Tax and Financial Services (2) count(s) 1, 2, Heidenreich & Co (3) count(s) 1, Carlyle Financial Group, LLC (4) count(s) 1, M & S Tax Advisors (5) count(s) 1, Anthony J. Taylor (6) count(s) 1. (Attachments: # 1 Designation Form) (E, P) (Entered: 03/25/2004)
04/12/2004Summons as to defendant Cleveland Tax and Financial Services Initial Appearance and Arraignment set for 4/29/2004 at 11:00 AM in Courtroom 242, Youngstown, Ohio, before Magistrate Judge George J. Limbert. (Attachments: # 1 Information)(S, A) (Entered: 04/12/2004)
04/12/2004Summons as to defendant Heidenreich & Co; Initial Appearance and Arraignment set for 4/29/2004 at 11:00 AM in Courtroom 242, Youngstown, Ohio, before Magistrate Judge George J. Limbert. (Attachments: # 1 Information)(S, A) (Entered: 04/12/2004)
04/12/2004Summons as to defendant Carlyle Financial Group, LLC; Initial Appearance and Arraignment set for 4/29/2004 11:00 AM in Courtroom 242, Youngstown, Ohio, before Magistrate Judge George J. Limbert. (Attachments: # 1 Information)(S, A) (Entered: 04/12/2004)
04/12/2004Summons as to defendant M & S Tax Advisors; Initial Appearance and Arraignment set for 4/29/2004 at 11:00 AM in Courtroom 242, Youngstown, Ohio, before Magistrate Judge George J. Limbert. (Attachments: # 1 Information)(S, A) (Entered: 04/12/2004)
04/19/2004Order as to defendant Cleveland Tax and Financial Services; initial appearance and arraignment rescheduled for 5/14/04 at 1:30 p.m. Signed by Magistrate Judge George J. Limbert on 4/19/04. (S, A) (Entered: 04/19/2004)
04/29/200411 Minutes of proceedings before Magistrate Judge George J. Limbert.Initial Appearance and arraingment as to Heidenreich & Co held on 4/29/2004, Guilty Plea entered by Heidenreich & Co (3) to Count 1 of the information. Defendant referred to Probation for the preparation of a Presentence Report. Defendant waives reading of the information and consents to proceed before Magistrate Limbert. Sentencing set for 7/22/2004 at 9:00 AM in Courtroom 229A before Magistrate Judge George J. Limbert. (Court Reporter Caroline Mahnke) Time: 20 minutes (R, N) Modified docket text on 5/3/2004 (R, N). (Entered: 05/03/2004)
04/29/200412 Consent to Proceed before United States Magistrate Judge in a Misdemeanor case by Heidenreich & Co (R, N) (Entered: 05/03/2004)
04/29/200413 Plea Agreement as to Heidenreich & Co (R, N) (Entered: 05/03/2004)
04/29/200414 Minutes of proceedings before Magistrate Judge George J. Limbert. Initial Appearance and Arraignment held on 4/29/04 as to Carlyle Financial Group, LLC (4) on Count 1 of the information. Guilty Plea entered by Carlyle Financial Group, LLC (4) as to Count 1. Defendant referred to Probation for the preparation of a Presentence Report. Defendant waives the reading of the information and the parties consent to proceed before Magistrate Judge Limbert. Sentencing set for 7/22/2004 at 9:00 AM in Courtroom 229A before Magistrate Judge George J. Limbert. Time: 20 minutes(Court Reporter Caroline Mahnke) (R, N) Modified docket text on 5/4/2004 (R, N). (Entered: 05/03/2004)
04/29/200415 Consent to proceed before United States Magistrate Judge in a misdemeanor case, filed by Carlyle Financial Group, LLC (R, N) (Entered: 05/04/2004)
04/29/200416 Plea Agreement as to Carlyle Financial Group, LLC (R, N) (Entered: 05/04/2004)
04/29/200417 Minutes of proceedings before Magistrate Judge George J. Limbert.Arraignment and initial appearance as to M & S Tax Advisors (5) Count 1 held on 4/29/2004. Plea of guilty entered by M & S Tax Advisors (5) on Count 1. Defendant referred to Probation for the preparation of a Presentence Report. Defendant wavies the reading of the information and the parties consent to proceed before Magistrate Limbert in a misdemeanor case. Sentencing set for 7/22/2004 at 9:00 AM in Courtroom 229A before Magistrate Judge George J. Limbert. Time: 20 minutes(Court Reporter Caroline Mahnke) (R, N) (Entered: 05/04/2004)
04/29/200418 Consent to proceed before United States Magistrate Judge in a misdemeanor case, filed by M & S Tax Advisors (R, N) (Entered: 05/04/2004)
04/29/200419 Plea Agreement as to M & S Tax Advisors (R, N) (Entered: 05/04/2004)
05/14/200428 Minutes of proceedings before Magistrate Judge George J. Limbert; Initial Appearance and Arraignment as to defendant Cleveland Tax and Financial Services (2) Count 1,2 held on 5/14/2004; defendant, through its President, Edward Pavicic, entered a plea of not guilty to the information; Time: 1/2 hour; (Tape #ECRO.) (S, A) (Entered: 05/14/2004)
05/14/200429 Consent to proceed before United States Magistrate Judge in a misdemeanor case by defendant Cleveland Tax and Financial Services, through its President, Edward Pavicic (S, A) (Entered: 05/14/2004)
06/01/200430 Notice of Hearing as to defendant Heidenreich & Co.; Sentencing set for 8/25/2004 at 10:30 AM in Courtroom 242 before Magistrate Judge George J. Limbert. (S, A) (Entered: 06/01/2004)
06/01/200431 Notice of Hearing as to defendant M & S Tax Advisors; Sentencing set for 8/25/2004 at 10:30 AM in Courtroom 242 before Magistrate Judge George J. Limbert. (S, A) (Entered: 06/01/2004)
06/01/200432 Notice of Hearing as to defendant Carlyle Financial Group, LLC; Sentencing set for 8/25/2004 at 10:30 AM in Courtroom 242 before Magistrate Judge George J. Limbert. (S, A) (Entered: 06/01/2004)
06/10/200433 Trial Order as to defendants Edward Pavicic, Cleveland Tax and Financial Services, and Anthony J. Taylor: With dates and deadlines to be complied with; Final pretrial scheduled for 6/30/04 at 9:00 a.m.; jury trial scheduled for 7/19/04 at 9:00 a.m.; discovery to be completed on or before 6/25/04; pretrial motions shall be filed on or before 6/25/04; responses to pretrial motions to be filed on or before 6/30/04; trial documents to be submitted to the Court not later than 4:00 p.m. on 7/12/04. Signed by Magistrate Judge George J. Limbert on 6/10/04. (S, A) (Entered: 06/10/2004)
06/10/200434 Notice of Appearance of Attorney Walter A. Lucas and Terry W. Vincent appearing for Edward Pavicic, Cleveland Tax and Financial Services (Lucas, Walter) Modified on 6/14/2004, adding Attorney Vincent (R, N). (Entered: 06/10/2004)
06/10/200435 Notice of Discovery Request by Edward Pavicic, Cleveland Tax and Financial Services (Lucas, Walter) (Entered: 06/10/2004)
06/10/200436 Amended Criminal Trial Order as to Edward Pavicic, Cleveland Tax and Financial Services and Anthony J. Taylor. This trial order is the same as document 33 , EXCEPT the jury trial date, which is rescheduled for 9/21/2004 at 8:00 AM and the final pretrial conference which is rescheduled for 8/24/2004 at 10:00 AM in Courtroom 242. Signed by Magistrate Judge George J. Limbert on 6/10/04. (R, N) (Entered: 06/10/2004)
06/10/2004  Attorney update in case as to Edward Pavicic, Cleveland Tax and Financial Services. Attorney Terry W. Vincent for Edward Pavicic and Cleveland Tax and Financial Services added. (R, N) (Entered: 06/14/2004)
06/22/200439  Motion for Extension of Time to File Pretrial Motions until 7/16/04 by Edward Pavicic, Cleveland Tax and Financial Services. (Lucas, Walter) Modified docket text on 6/23/2004 (R, N). (Entered: 06/22/2004)
06/22/200440 Waiver of Speedy Trial by Edward Pavicic, Cleveland Tax and Financial Services (Lucas, Walter) (Entered: 06/22/2004)
06/23/200441 Marginal Order granting 39 defendants' Motion for Extension of Time until 7/16/04 to complete discovery and to file any and all pretrial motions. Signed by Magistrate Judge George J. Limbert on 6/23/04. (S, A) Modified docket text on 6/24/2004 (R, N). (Entered: 06/23/2004)
07/07/200443 Reply to Presentence Investigation Report by Heidenreich & Co, Carlyle Financial Group, LLC, and M & S Tax Advisors (Attachments: #(1) Exhibit email message dated 2/21/2004 and #(2) Exhibit email message dated 2/19/2004)(S, DJ) (Entered: 07/08/2004)
07/16/200444 Motion for Extension of Time to File pretrial motions and complete discovery on or before 7/30/04 by Edward Pavicic, Cleveland Tax and Financial Services. (Lucas, Walter) Modified docket text on 7/19/2004 (R, N). (Entered: 07/16/2004)
07/19/200445 Marginal Order granting 44 Motion for Extension of Time until 7/30/04 to complete discovery and to file appropriate pretrial motions as to defendants Edward Pavicic (1) and Cleveland Tax and Financial Services (2). Signed by Magistrate Judge George J. Limbert on 7/19/04. (S, A) Modified on 7/19/2004 (A, J). (Entered: 07/19/2004)
07/30/200446  Motion to Dismiss Counts One and Two of Information by Edward Pavicic, Cleveland Tax and Financial Services. (Lucas, Walter) Modified on 8/2/2004, adding related document 1 (R, N). (Entered: 07/30/2004)
07/30/200447  Motion to Suppress Oral Statement and All Fruits Obtained Therefrom by Edward Pavicic, Cleveland Tax and Financial Services. (Lucas, Walter) (Entered: 07/30/2004)
08/13/200449  Motion to Dismiss Information by United States of America as to Cleveland Tax and Financial Services. (Sasse, Gregory) Modified on 8/16/2004 to terminate motion (S, A). Modified pleading reads "against Edward Pavicic" on 8/17/2004 (A, J). (Entered: 08/13/2004)
08/16/200450 Amended Motion to Dismiss Information by United States of America as to Cleveland Tax and Financial Services. (Sasse, Gregory) Modified on 8/16/2004 to terminate motion (S, A). (Entered: 08/16/2004)
08/16/200452 Amended Order For Dismissal as to defendant Cleveland Tax and Financial Services; pursuant to Federal Rule of Criminal Procedure 48(a) and by leave of court, the U.S. Attorney for the Northern District of Ohio dismisses the information against defendant Cleveland Tax and Financial Services; Cleveland Tax and Financial Services terminated. Signed by Magistrate Judge George J. Limbert on 8/16/04. (S, A) (Entered: 08/16/2004)
08/25/200453 Minutes of proceedings before Magistrate Judge George J. Limbert.Sentencing held on 8/25/2004 for Heidenreich & Co (3), Count 1; Defendant pled guilty to the information; defendant sentenced to 1 year of probation with standard/special conditions as ordered; further, defendant to pay a $125 special assessment, which is due immediately; defendant shall not incur new credit charges or open additional lines of credit without the approval of the Probation Officer; defendant shall provide the Probation Office access to any requested financial information; defendant shall report in person to the U.S. Probation Office in the district to which defendant is released; defendant shall pay a fine of $500 no later than 9/24/04. Time: 15 minutes; (Court Reporter Caroline Mahnke. (S, A) Modified docket text on 8/30/2004 (R, N). (Entered: 08/27/2004)
08/25/200454 Minutes of proceedings before Magistrate Judge George J. Limbert; Sentencing held on 8/25/2004 for Carlyle Financial Group, LLC (4), Count 1; Defendant pled guilty to the information; defendant sentenced to one year of probation with standard/special conditions as ordered; defendant to pay a special assessment of $125, which is due immediately; defendant shall not incur new credit charges or open additional lines of credit without the approval of the probation officer; defendant shall provide the probation office access to any requested financial information; defendant shall report in person to the U.S. Probation Office in the district to which defendant is released within 72 hours of release; defendant shall pay a fine of $500 no later than 9/24/04. Time: 15 minutes; (Court Reporter Caroline Mahnke) (S, A) Modified docket text on 8/30/2004 (R, N). (Entered: 08/27/2004)
08/25/200455 Minutes of proceedings before Magistrate Judge George J. Limbert; Sentencing held on 8/25/2004 for M & S Tax Advisors (5), Count 1; Defendant pled guilty to the information; defendant sentenced to one year of probation with standard/special conditions as ordered; defendant to pay a special assessment of $125, which is due immediately; defendant shall not incur new credit charges or open additional lines of credit without the approval of the probation officer; defendant shall provide the probation office access to any requested financial information; defendant shall report to the U.S. Probation Office in the district to which defendant is released within 72 hours of release; defendant shall pay a fine of $500 no later than 9/24/04. Time: 15 minutes; (Court Reporter Caroline Mahnke) (S, A) Modified docket text on 8/30/2004 (R, N). (Entered: 08/27/2004)
08/25/200456 Judgment as to defendant Heidenreich & Co (3), Count 1; Defendant pled guilty to the information; defendant sentenced to 1 year of probation with standard/special conditions as ordered; further, defendant to pay a $125 special assessment, which is due immediately; defendant shall not incur new credit charges or open additional lines of credit without the approval of the Probation Officer; defendant shall provide the Probation Office access to any requested financial information; defendant shall report in person to the U.S. Probation Office in the district to which defendant is released; defendant shall pay a fine of $500 no later than 9/24/04. Signed by Magistrate Judge George J. Limbert on 8/25/04. (Entered: 08/30/2004)
08/25/200457 Judgment as to Carlyle Financial Group, LLC (4), Count 1; Defendant pled guilty to the information; defendant sentenced to one year of probation with standard/special conditions as ordered; defendant to pay a special assessment of $125, which is due immediately; defendant shall not incur new credit charges or open additional lines of credit without the approval of the probation officer; defendant shall provide the probation office access to any requested financial information; defendant shall report in person to the U.S. Probation Office in the district to which defendant is released within 72 hours of release; defendant shall pay a fine of $500 no later than 9/24/04. Signed by Magistrate Judge George J. Limbert on 8/25/04. (S, A) (Entered: 08/30/2004)
08/25/200458 Judgment as to M & S Tax Advisors (5), Count 1; Defendant pled guilty to the information; defendant sentenced to one year of probation with standard/special conditions as ordered; defendant to pay a special assessment of $125, which is due immediately; defendant shall not incur new credit charges or open additional lines of credit without the approval of the probation officer; defendant shall provide the probation office access to any requested financial information; defendant shall report to the U.S. Probation Office in the district to which defendant is released within 72 hours of release; defendant shall pay a fine of $500 no later than 9/24/04. Signed by Magistrate Judge George J. Limbert on 8/25/04. (S, A) (Entered: 08/30/2004)
09/14/200460 Marginal Order denying as moot defendant's 46 Motion to Dismiss as to defendants Edward Pavicic (1) and Cleveland Tax and Financial Services (2). Signed by Magistrate Judge George J. Limbert on 9/14/04. (S, A) Modified docket text on 9/15/2004 (R, N). (Entered: 09/14/2004)
09/14/200461 Marginal Order denying as moot defendant's 47 Motion to Suppress as to defendants Edward Pavicic (1) and Cleveland Tax and Financial Services (2). Signed by Magistrate Judge George J. Limbert on 9/14/04. (S, A) Modified docket text on 9/15/2004 (R, N). (Entered: 09/14/2004)
10/28/200464 Order. Modifications of the conditions of supervision are as follows as to Carlyle Financial Group, LLC: The offenders' term of probation supervision is hereby terminated. Signed by Magistrate Judge George J. Limbert on 10/28/04. (R, N) (Entered: 10/29/2004)
10/28/200465 Order. Modifications of the conditions of supervision are as follows as to Heidenreich & Co.: The offenders' term of probation supervision is hereby terminated. Signed by Magistrate Judge George J. Limbert on 10/28/04. (R, N) (Entered: 10/29/2004)
10/28/200466 Order. Modifications of the conditions of supervision are as follows as to M & S Tax Advisors: The offenders' term of probation supervision is hereby terminated. Signed by Magistrate Judge George J. Limbert on 10/28/04. (R, N) (Entered: 10/29/2004)