SSD

U.S. District Court
Southern District of Illinois (East St. Louis)
CRIMINAL DOCKET FOR CASE #: 3:08-cr-30016-GPM -PMF-3


Case title: USA v. Royse et al

Date Filed: 01/25/2008
Date Terminated: 05/11/2009

Assigned to: Judge G. Patrick Murphy
Referred to: Magistrate Judge Philip M. Frazier

Defendant (3)
Hughes Energy Inc
TERMINATED: 05/11/2009
represented byJames A. Gomric
O'Gara, Gomric et al.
6 East Washington
Belleville, IL 62220
618-234-2788
Email: gomric@compu-type.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Melissa A. Day , AFPD
Federal Public Defender's Office - Benton
401 West Main Street
P.O. Box 1075
Benton, IL 62812
618-435-2552
Email: Melissa_Day@fd.org
TERMINATED: 04/07/2008
Designation: Public Defender or Community Defender Appointment

Pending Counts

Disposition
18 USC 371 - CONSPIRACY TO DEFRAUD THE UNITED STATES; Conspiracy to Commit Security Fraud
(1)
Defendant sentenced to 5 years probation. Defendant shall pay assessment of $400 and restitution of $4,261,211.23

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18 USC 1349 - ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD; Conspiracy to Commit Mail and Wire Fraud
(2)
Dismissed
21:853 - CRIMINAL FORFEITURE; Forfeiture
(4)
Dismissed

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byNorman R. Smith
Assistant U.S. Attorney - Fairview Heights
9 Executive Drive
Suite 300
Fairview Heights, IL 62208
Email: Norman.Smith@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Gerald M. Burke
Assistant U.S. Attorney - Fairview Heights
Generally Admitted
9 Executive Drive
Suite 300
Fairview Heights, IL 62208
618-628-3710
Email: gerald.burke@usdoj.gov
ATTORNEY TO BE NOTICED

Steven D. Weinhoeft
Assistant U.S. Attorney - Fairview Heights
9 Executive Drive
Suite 300
Fairview Heights, IL 62208
618-628-3783
Email: steven.weinhoeft@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
01/25/2008INDICTMENT as to Carl E. Royse (1) as to Counts 1-3, Jeanette A Riley (2) as to Count 1, and Hughes Energy Inc (3) as to Counts 1-3. (jmp) (Entered: 01/28/2008)
01/25/2008  Counts added: Hughes Energy Inc (3) as to Count 4. (jmp) (Entered: 01/28/2008)
01/28/2008SUMMONS Issued in case as to Carl E. Royse, Jeanette A Riley, Hughes Energy Inc Initial Appearance and Arraignment as to Carl E. Royse, Jeanette A Riley, Hughes Energy Inc., set for 2/13/2008 10:30 AM in Benton Court House before Magistrate Judge Philip M. Frazier. Defendants Royse and Riley to be present at 8:30 AM at US Probation Office, Benton, for pretrial services interview. (krm) (Entered: 01/28/2008)
02/13/2008Minute Entry (Carl E. Royse, Jeanette A Riley and Hughes Energy Inc.) for proceedings held before Magistrate Judge Philip M. Frazier: Initial Appearance and Arraignment held on 2/13/2008. Attorney Jared Martin present for defendants, and FPD's office appointed for Jeanette A Riley. Counsel to be appointed for Carl Royse if he is unable to retain an attorney. Recognizance Bonds set. Not guilty pleas entered on behalf of Carl E. Royse (1) as to Counts 1,2,3,4, on behalf of Jeanette A Riley (2) as to Count 1, and on behalf of Hughes Energy Inc (3) as to Counts 1,2,4. Final Pretrial Conference set for 3/31/2008 02:00 PM and Jury Trial set for 4/22/2008 08:00 AM, both before Judge G. Patrick Murphy in East St. Louis. (Court Reporter Jane O. McCorkle, OCR.) (krm) (Entered: 02/14/2008)
02/13/200812 ORDER FOR PRETRIAL DISCOVERY AND INSPECTION as to Carl E. Royse, Jeanette A Riley, Hughes Energy Inc.. Signed by Magistrate Judge Philip M. Frazier on 2/13/2008. (krm) (Entered: 02/14/2008)
03/10/200816  MOTION FOR LEGAL REPRESENTATION FOR DEFENDANT HUGHES ENERGY, INC. by USA as to Carl E. Royse, Jeanette A Riley, Hughes Energy Inc. (Smith, Norman) (Entered: 03/10/2008)
03/18/200817 NOTICE AND ORDER as to Hughes Energy Inc. (3): Hearing on Motion for Inquiry into Legal Representation for Defendant Hughes Energy, Inc. is set via telephone for 4/2/2008 9:00 AM before Magistrate Judge Philip M. Frazier. Signed by Magistrate Judge Philip M. Frazier on 3/18/2008. (krm) (Entered: 03/18/2008)
03/18/200818 Docket Annotation as to Hughes Energy Inc: As directed in the Notice and Order 17 , a copy of the NEF and Notice and Order at 17 , along with a copy of Govt's motion at 16 , was sent by certified mail to David Royse, Hughes Energy, Inc., 1021 N. Epworth St., Fairfield, IL 62837. (krm) (Entered: 03/18/2008)
03/19/200819 ORDER striking the hearing set for 4/2/2008 9:00 AM pursuant to Order at 17 : Hearing on 16 Motion for Inquiry into Legal Representation for Defendant Hughes Energy, Inc. (3) is stricken from the docket. Signed by Magistrate Judge Philip M. Frazier on 3/19/2008. (krm) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 03/19/2008)
03/19/200820 ORDER denying 16 Motion for Inquiry into Legal Representation for Defendant Hughes Energy, Inc. Signed by Magistrate Judge Philip M. Frazier on 3/19/2008. (krm) (Entered: 03/19/2008)
03/19/200821 Docket Annotation as to Hughes Energy Inc. (3): NEF at Doc. 19 and and Order and NEF at Doc. 20 mailed to David Royse, Hughes Energy, Inc., 1021 N. Epworth St., Fairfield, IL 62837. (krm) (Entered: 03/19/2008)
03/19/200822 Summons Returned Executed on 1/30/08 as to Hughes Energy Inc (bkl) (Entered: 03/20/2008)
03/25/200823 STRICKEN PURSUANT TO DOC. 26 - MOTION to Continue by USA as to Hughes Energy Inc. (Smith, Norman) Modified on 3/26/2008 (bkl). (Entered: 03/25/2008)
03/25/200824  MOTION to Continue by USA as to Hughes Energy Inc. (Smith, Norman) (Entered: 03/25/2008)
03/25/200825  MOTION for Reconsideration by USA as to Hughes Energy Inc. (Smith, Norman) (Entered: 03/25/2008)
03/26/200826 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 23 Motion to Continue filed by USA. See attached document for specifics. (bkl) (Entered: 03/26/2008)
03/26/200827 ORDER Taking Motion Under Advisement: 24 MOTION to Continue as to Carl E. Royse, Jeanette A Riley, Hughes Energy Inc. Counsel SHALL appear at the Final Pretrial Conference set 3/31/2008 at 2:00 PM in East St. Louis Courthouse before Judge G. Patrick Murphy. Signed by Judge G. Patrick Murphy on 3/26/2008. (lmm) (Entered: 03/26/2008)
03/31/200828 Minute Entry for proceedings held before Judge G. Patrick Murphy: Final Pretrial Conference as to Carl E. Royse, Jeanette A Riley held on 3/31/2008. GRANTING 24 MOTION to Continue filed by USA, by agreement of the parties. The court FINDS that the ends of justice served by this continuance outweigh the best interests of the public and defendants in a speedy trial, and failure to grant a continuance would result in a miscarriage of justice and would deny defendants the reasonable time necessary for effective trial preparation. DENYING 25 MOTION for Reconsideration filed by USA. Jury Trial RESET for 6/10/2008 at 08:00 AM in East St. Louis Court House before Judge G. Patrick Murphy. (Court Reporter Molly Clayton.)(lmm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 03/31/2008)
03/31/2008  Excludable XT as to Carl E. Royse, Jeanette A Riley, Hughes Energy Inc (lmb) (Entered: 04/02/2008)
04/07/200829 NOTICE OF ATTORNEY APPEARANCE: James A. Gomric appearing for Hughes Energy Inc (Gomric, James) (Entered: 04/07/2008)
04/07/200830 Minute Entry for proceedings held before Judge G. Patrick Murphy:Arraignment as to Hughes Energy Inc (3) Count 1,2,4 held on 4/7/2008. Not guilty plea entered. Jury Trial set for 6/10/2008 08:00 AM in East St. Louis Court House before Judge G. Patrick Murphy. (Court Reporter Molly Clayton.) (trb) (Entered: 04/08/2008)
04/07/200831 ORDER FOR PRETRIAL DISCOVERY AND INSPECTION as to Hughes Energy Inc. Signed by Judge G. Patrick Murphy on 4/7/08. (trb) (Entered: 04/08/2008)
04/25/200835  MOTION to Issue/for Service of Subpoena 17 (C) by USA as to Carl E. Royse, Jeanette A Riley, Hughes Energy Inc. (Attachments: # 1 Exhibit 1)(Smith, Norman) (Entered: 04/25/2008)
04/25/200837 NOTICE OF ATTORNEY APPEARANCE Steven D. Weinhoeft appearing for USA. (Weinhoeft, Steven) (Entered: 04/25/2008)
05/02/200843  MOTION to Continue Trial by Jeanette A Riley as to Carl E. Royse, Jeanette A Riley, Hughes Energy Inc. (Cronin, Daniel) (Entered: 05/02/2008)
05/06/200844 ORDER: GRANTING 43 MOTION to Continue Trial filed by Jeanette A Riley. The court FINDS that the ends of justice served by this continuance outweigh the best interests of the public and the defendant in a speedy trial because failure to grant a continuance would result in a miscarriage of justice and would deny defendant both continuity of counsel and the reasonable time necessary for effective preparation. Jury Trial RESET for 8/12/2008 at 08:00 AM in East St. Louis Court House before Judge G. Patrick Murphy as to Carl E. Royse, Jeanette A Riley, Hughes Energy Inc. Signed by Judge G. Patrick Murphy on 5/6/2008. (lmm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 05/06/2008)
05/06/200846 Excludable started as to Carl E. Royse, Hughes Energy Inc: (trb) (Entered: 05/07/2008)
07/11/200851 NOTICE OF HEARING as to Hughes Energy Inc. (3): Change of Plea Hearing set for 7/17/2008 10:00 AM in Benton Court House before Magistrate Judge Philip M. Frazier. (krm) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 07/11/2008)
07/17/200861 NOTICE/CONSENT REGARDING ENTRY OF PLEA OF GUILTY as to Hughes Energy Inc. (3). (krm) (Entered: 07/17/2008)
07/17/200862 Minute Entry as to Hughes Energy Inc. (3) for proceedings held before Magistrate Judge Philip M. Frazier: Change of Plea Hearing as to Hughes Energy Inc held on 7/17/2008. Guilty plea entered as to count 1. Report and Recommendation to enter. Sentencing set for 10/20/2008 11:00 AM in East St. Louis Court House before Judge G. Patrick Murphy. (Court Reporter Michelle Zimmerman, Northcutt Reporting Service.) (krm) (Entered: 07/17/2008)
07/17/200863 PLEA AGREEMENT as to Hughes Energy Inc. (3). (Attachments: # 1 Certificate of President of Hughes Energy, Inc.) (krm) (Entered: 07/17/2008)
07/17/200864 STIPULATIONS OF FACT as to Hughes Energy Inc. (3). (krm) (Entered: 07/17/2008)
07/17/200867 REPORT AND RECOMMENDATIONS on Plea of Guilty as to Hughes Energy Inc. (3). Objections to R&R due by 7/31/2008. Signed by Magistrate Judge Philip M. Frazier on 7/17/2008. (Attachments: # 1 Notice Regarding Objections) (krm) (Entered: 07/17/2008)
08/12/200870 ORDER ACKNOWLEDGING 67 REPORT AND RECOMMENDATION on Plea of Guilty and NOTICE OF SENTENCING as to Hughes Energy, Inc. Signed by Judge G. Patrick Murphy on 8/12/2008. (ssd) (Entered: 08/12/2008)
09/02/200873 ORDER: At the request of the Probation officer, Sentencing set 10/20/2008 is CONTINUED as to defendant Hughes Energy Inc. Sentencing RESET for 11/24/2008 at 09:00 AM in BENTON Court House before Judge G. Patrick Murphy. Signed by Judge G. Patrick Murphy on 9/2/2008. (lmm) (Entered: 09/02/2008)
10/08/200874  MOTION FOR APPOINTMENT OF A SPECIAL MASTER FOR DETERMINATION OF RESTITUTION AND FOR LIQUIDATION OF ASSETS OF HUGHES ENERGY by USA as to Hughes Energy Inc. (Attachments: # 1 Resume)(Smith, Norman) (Entered: 10/08/2008)
10/14/200875 ORDER as to Hughes Energy, Inc., GRANTING 74 MOTION FOR APPOINTMENT OF A SPECIAL MASTER FOR DETERMINATION OF RESTITUTION AND FOR LIQUIDATION OF ASSETS OF HUGHES ENERGY filed by United States of America. Signed by Judge G. Patrick Murphy on 10/14/2008. (ssd) (Entered: 10/14/2008)
10/15/200876  MOTION to Continue by Hughes Energy Inc. (Gomric, James) (Entered: 10/15/2008)
10/16/200877 ORDER: GRANTING 76 MOTION to Continue filed by Hughes Energy Inc. Sentencing RESET for 2/23/2009 at 08:00 AM in East St. Louis Court House before Judge G. Patrick Murphy.Signed by Judge G. Patrick Murphy on 10/16/08. (dmw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 10/16/2008)
11/17/200882 Transcript of Change of Plea as to Carl E. Royse, Jeanette A Riley, Hughes Energy Inc held on 7/17/08, before Judge Philip M. Frazier. Court Reporter/Transcriber Michelle Zimmerman, Northcutt Reporting Service, Telephone number 618-242-1737.

NOTICE: The parties have seven (7) business 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. This policy is located on our website at www.ilsd.uscourts.gov.

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. Redaction Request due 12/8/2008. Redacted Transcript Deadline set for 12/18/2008. Release of Transcript Restriction set for 2/17/2009. (dka, ) (Entered: 11/17/2008)
11/20/200884 ORDER: The Court is informed by the Special Master that he has not completed his work and that is related to the individual defendants, Carl E. Royse and Jeanette A. Riley. Sentencing as to Carl E. Royse is RESET for 2/23/2009 at 8:30 AM in the East St. Louis Court House before Judge G. Patrick Murphy. Sentencing as to Jeanette A. Riley is RESET for 2/23/2009 at 9:00 AM in the East St. Louis Court House before Judge G. Patrick Murphy. The funds allotted for the services of the Special Master are extended such that they shall not exceed $6,000 total, to be paid from the funds of Hughes Energy, Inc. There is no question that restitution in this case exceeds the assets of the corporate defendant as well as the assets of the individual defendants, and the Court is fearful of additional waste. Therefore, the individual defendants who are also officers and shareholders of the corporation are ORDERED to immediately surrender all corporate funds, stock, and assets to the Special Master, who will hold same in an escrow account to be dispersed on further order of the Court. Signed by Judge G. Patrick Murphy on 11/20/2008. (ssd)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 11/20/2008)
01/16/200988  INITIAL SEALED PRESENTENCE INVESTIGATION REPORT as to Hughes Energy Inc. Objections are due within 14 days. (prwsd, ) (Entered: 01/16/2009)
01/20/200989 NOTICE/ACKNOWLEDGMENT OF PSI by USAas to Hughes Energy Inc (Smith, Norman) (Entered: 01/20/2009)
02/19/200990  MOTION to Continue by USA as to Hughes Energy Inc. (Smith, Norman) (Entered: 02/19/2009)
02/19/200991 ORDER: GRANTING 90 MOTION to Continue filed by USA as to Hughes Energy Inc. Sentencing RESET for 5/4/2009 at 08:00 AM in East St. Louis Courthouse before Judge G. Patrick Murphy. Signed by Judge G. Patrick Murphy on 2/19/2009. (lmm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/19/2009)
03/04/2009102 SECOND REPORT OF SPECIAL MASTER as to defendant Hughes Energy Inc filed by David Williams (lmm) (Entered: 03/04/2009)
03/31/2009105 CJA 20 Authorization to Pay: as to Carl E. Royse, Jeanette A Riley, Hughes Energy Inc. Authorization to Pay attorney James Stern $ 11,927.69, Voucher # 090331000161.. Signed by Judge G. Patrick Murphy on 3/17/09. (trb) (Entered: 04/03/2009)
05/04/2009108 INTERIM REPORT OF SPECIAL MASTER as to Hughes Energy Inc (lmm) (Entered: 05/11/2009)
05/04/2009109 Minute Entry for proceedings held before Judge G. Patrick Murphy:Sentencing held on 5/4/2009 for Hughes Energy Inc (3), Count 1, Defendant sentenced to 5 years probation. Defendant shall pay assessment of $400 and restitution of $4,261,211.23; Count(s) 2 and 4 Dismissed. (Court Reporter Molly N. Clayton.) (trb) (Entered: 05/12/2009)
05/11/2009111 JUDGMENT as to Hughes Energy Inc. Signed by Judge G. Patrick Murphy on 5/11/09. (Attachments: # 1 Restitution list-deleted) (trb ) Modified on 10/26/2009 (myz). (Entered: 05/12/2009)
05/11/2009112 SEALED STATEMENT OF REASONS as to Hughes Energy Inc. Signed by Judge G. Patrick Murphy on 5/11/09. (trb ) (Entered: 05/12/2009)
02/01/2010115 STATUS REPORT Final Report of Special Master by USA as to Hughes Energy Inc (Williams, David) (Entered: 02/01/2010)
02/02/2010116 ORDER re 115 Final Report of Special Master: The Report appears, on its face, to be reasonable and proper. The United States of America shall file any objections to the Report on or before 2/9/2010. Signed by Judge G. Patrick Murphy on 2/2/2010. (ssd)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/02/2010)
02/02/2010117 RESPONSE by USA as to Carl E. Royse, Jeanette A Riley, Hughes Energy Inc re 115 Status Report (Smith, Norman) (Entered: 02/02/2010)
02/02/2010118 ORDER: The Court GRANTS the Government's request in 117 First Response that the Court allow two weeks for any objections to be filed. Accordingly, the deadline for the United States of America to file any objections to 115 Final Report of Special Master is RESET for 2/16/2010. Signed by Judge G. Patrick Murphy on 2/2/2010. (ssd)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/02/2010)
02/16/2010119 RESPONSE by USA as to Carl E. Royse, Jeanette A Riley, Hughes Energy Inc re 116 Order, Set Deadlines,, (Smith, Norman) (Entered: 02/16/2010)
02/22/2010120 ORDER: The Court has carefully reviewed 115 Final Report of Special Master, to which there are no objections. The Report is reasonable and proper. Accordingly, the Final Report of Special Master is APPROVED. The Court further APPROVES the requests contained in the Report. Upon completion of the assignments and distributions identified in the Report and now approved by the Court, the Special Master shall be DISCHARGED. Signed by Judge G. Patrick Murphy on 2/22/2010. (ssd)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/22/2010)
08/12/2010121  MOTION to Substitute Restitution Payee by USA as to Hughes Energy Inc. (Attachments: # 1 Exhibit A)(Burke, Gerald) (Entered: 08/12/2010)
08/12/2010122 ORDER: GRANTING 121 MOTION to Substitute Restitution Payee filed by USA as to Hughes Energy Inc. McGuire Investment Group (Thomas McGuire) is substituted for Global National Properties (Thomas McGuire). Furthermore, all restitution payments, including any currently held by the Court, will be made payable to McGuire Investment Group (Thomas McGuire). Signed by Judge G. Patrick Murphy on 8/12/2010. (lmm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/12/2010)