CLOSED

United States District Court
Eastern District of Pennsylvania (Philadelphia)
CRIMINAL DOCKET FOR CASE #: 2:05-cr-00472-SD-3


Case title: USA v. HEIDELMARK et al

Date Filed: 08/23/2005
Date Terminated: 07/06/2006

Assigned to: HONORABLE STEWART DALZELL

Defendant (3)
INDOOR AIR QUALITY, INC.
TERMINATED: 07/06/2006
represented byCAROL ROGERS COB
GIANSANTE & COBB LLC
23 EAST MAIN STREET
MOORESTOWN, NJ 08057-3309
856-273-8866
Email: giansantelaw@verizon.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:1341 MAIL FRAUD; 18:2 AIDING AND ABETTING
(1)
PROBATION 2 YRS., RESTITUTION $41,541.17, FINE $100,000.00, SPEC. ASSESS. $1,200.00
18:1341 MAIL FRAUD; 18:2 AIDING AND ABETTING
(15)
PROBATION 2 YRS., RESTITUTION $41,541.17, FINE $100,000.00, SPEC. ASSESS. $1,200.00
42:7413(c)(1) IMPROPER REMOVAL OF ASBESTOS; 18:2 AIDING AND ABETTING
(16)
PROBATION 2 YRS., RESTITUTION $41,541.17, FINE $100,000.00, SPEC. ASSESS. $1,200.00

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:1341 MAIL FRAUD; 18:2 AIDING AND ABETTING
(2-14)
DISMISSED
42:7413(c)(1) IMPROPER REMOVAL OF ASBESTOS; 18:2 AIDING AND ABETTING
(17)
DISMISSED
15:2614, 2615, AND 2646 USE OF UNCERTIFIED WORKERS FOR ASBESTOS REMOVAL; 18:2 AIDING AND ABETTING
(19)
DISMISSED
42:7413(c)(1) IMPROPER REMOVAL OF ASBESTOS; 18:2 AIDING AND ABETTING
(20-22)
DISMISSED
42:7413(c) IMPROPER REMOVAL OF ASBESTOS; 18:2 AIDING AND ABETTING
(23-25)
DISMISSED
15:2614,2615 AND 2646 UNCERTIFIED WORKERS FOR ASBESTOS REMOVAL; 18:2 AIDING AND ABETTING
(26)
DISMISSED
42:7413(c)(1) IMPROPER REMOVAL OF ASBESTOS; 18:2 AIDING AND ABETTING
(27-34)
DISMISSED

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byALBERT S. GLENN
U.S. DEPARTMENT OF JUSTICE
615 CHESTNUT STREET
SUITE 1250
PHILADELPHIA, PA 19106-4476
TEL 215-861-8900
Fax: FAX 215-861-8618
Email: albert.glenn@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
08/23/2005INDICTMENT as to WALLACE HEIDELMARK (1) count(s) 1-15, 16-17, 18, 19, 20-22, 23-25, 26, 27-34, JASON SCARDECCHIO (2) count(s) 1-15, 16-17, 19, 20-22, 23-25, 26, INDOOR AIR QUALITY, INC. (3) count(s) 1-15, 16-17, 19, 20-22, 23-25, 26, 27-34. (DT) (Entered: 08/23/2005)
08/26/2005Minute Entry for proceedings held before Judge LINDA K. CARACAPPA. Arraignment as to INDOOR AIR QUALITY, INC. (3) Count 1-15,16-17,19,20-22,23-25,26,27-34 held on 8/25/05., Plea entered by INDOOR AIR QUALITY, INC. Not Guilty on counts ALL. Court Reporter ESR.(dt, ) (Entered: 08/26/2005)
08/26/2005  Attorney update in case as to INDOOR AIR QUALITY, INC.. Attorney CAROL R. COBB for INDOOR AIR QUALITY, INC. added. (SEE PAPER #7) (dt) (Entered: 08/26/2005)
09/01/200512 NOTICE OF TRIAL as to INDOOR AIR QUALITY, INC.Jury trial fixed for 10/24/2005 at 10AM in Courtroom 13-B BEFORE HONORABLE MARVIN KATZ. (emp) (Entered: 09/01/2005)
09/07/200516 SCHEDULING ORDER AS TO INDOOR AIR QUALITY, INC. THAT ANY MOTIONS SHALL BE FILED BY 10/10/2005; ANY VOIR DIRE QUESTIONS, POINTS FOR CHARGE, JURY VERDICT SHEET SHALL BE FILED BY 10/17/05; THE GOVT. SHALL, DEFT MAY, FILE A TRIAL BRIEF BY 10/17/05. Signed by Judge MARVIN KATZ on 9/6/05.9/7/05 Entered and Copies E-Mailed and Faxed. (cmc) (Entered: 09/07/2005)
09/09/200518 ORDER TO CONTINUE - ENDS OF JUSTICE PURSUANT TO 18 U.S.C. SECTION 3161(h)(8)(A) AS TO WALLACE HEIDELMARK, JASON SCARDECCHIO, INDOOR AIR QUALITY, INC., THAT UPON CONSIDERATION OF DEFNDANT'S MOTION FOR CONTINUANCE OF TRIAL DATE, IT IS HEREBY ORDERED THAT THE MOTION IS GRANTED. THE TRIAL DATE PRESENTLY SCHEDULED IN THE ABOVE ACTION IS CONTINUED FROM OCTOBER 24, 2005 TO JANUARY 30, 2006 AT 10:00AM IN COURTROOM 13B. ETC. THE COURT'S PREVIOUS SCHEDULING ORDER OF SEPTEMBER 5, 2005 IS MODIFIED AS FOLLOWS: ANY MOTIONS SHALL BE FILED BY JANUARY 16, 2006, PROPOSED VOIR DIRE QUESTIONS, POINTS FOR CHARGE AND A VERDICT SHEET SHALL BE FILED BY JANUARY 23, 2006, AND THE GOVERNMENT SHALL, AND THE DEFENDANT MAY, FILE A TRIAL BRIEF BY JANUARY 23, 2006. SIGNED BY JUDGE MARVIN KATZ. 9/12/05 ENTERED AND COPIES MAILED, FAXED AND E-MAILED. (DT) (Entered: 09/12/2005)
09/22/200521 NOTICE OF TRIAL as to INDOOR AIR QUALITY, INC.JURY TRIAL fixed for 1/30/2006 at 10AM IN Courtroom 13-B BEFORE HONORABLE MARVIN KATZ. (emp) (Entered: 09/22/2005)
01/13/200627  MOTION to Admit Audio and Video Tape Recordings; Memorandum of Law; Proposed Order; Certificate of Service by USA as to WALLACE HEIDELMARK, JASON SCARDECCHIO, INDOOR AIR QUALITY, INC.. (GLENN, ALBERT) (Entered: 01/13/2006)
01/18/200630 Proposed Voir Dire by USA as to WALLACE HEIDELMARK, JASON SCARDECCHIO, INDOOR AIR QUALITY, INC., CERTIFICATE OF SERVICE(GLENN, ALBERT) (Entered: 01/18/2006)
01/18/200631 Jury Verdict Sheet as to WALLACE HEIDELMARK, JASON SCARDECCHIO, INDOOR AIR QUALITY, INC.., CERTIFICATE OF SERVICE(GLENN, ALBERT) (Entered: 01/18/2006)
01/18/200633 ORDER OF 1/18/06 AS TO WALLACE HEIDELMARK, JASON SCARDECCHIO, INDOOR AIR QUALITY, INC., THAT PURSUANT TO LOCAL RULE OF CRIMINAL PROCEDURE 16(c), THE COURT FINDS THAT THE FOLLOWING AS TO THE GOVERNMENT'S AUDIO TAPE RECORDINGS AND VIDEOTAPE RECORDINGS: THE AUDIO RECORDING DEVICES USED WERE CAPABLE OF RECORDING THE CONVERSATIONS, THE VIDEO RECORDING DEVICES USED WERE CAPABLE OF RECORDING LIVE ACTION; THE OPERATORS OF THE RECORDING DEVICES WERE COMPETENT; THE RECORDINGS ARE AUTHENTIC AND CORRECT; THERE HAVE BEEN NO CHANGES IN, ADDITIONS TO, OR DELETIONS FROM THE TAPE RECORDINGS; THE TAPE RECORDINGS HAVE BEEN PROPERLY PRESERVED; THE SPEAKERS ON THE AUDIO TAPE RECORDINGS ARE PROPERLY IDENTIFIED; THE CONSENTING PARTY TO THE AUDO RECORDING CONSENTED TO THE AUDIO TAPE RECORDING OF THE CONVERSATIONS; THE VIDEOTAPES WERE MADE WITH THE CONSENT OF THE OWNER OF THE HOUSE IN WHICH THE SUBJECT WORKERS WERE OBSERVED; AND NONE OF THE INDIVIDUALS RECORDED, ON EITHER THE AUDIO OR VIDEO TAPES, IS A DEFENDANT IN THIS CASE. SIGNED BY JUDGE MARVIN KATZ. 1/18/06 ENTERED AND COPIES FAXED. (DT) (Entered: 01/18/2006)
01/23/200634 TRIAL MEMORANDUM by USA as to WALLACE HEIDELMARK, JASON SCARDECCHIO, INDOOR AIR QUALITY, INC., CERTIFICATE OF SERVICE, (Attachments: # 1 Exhibit Indictment summary)(GLENN, ALBERT) (Entered: 01/23/2006)
01/23/200635 Proposed Jury Instructions by USA as to WALLACE HEIDELMARK, JASON SCARDECCHIO, INDOOR AIR QUALITY, INC., CERTIFICATE OF SERVICE(GLENN, ALBERT) (Entered: 01/23/2006)
01/26/200642  MOTION in Limine To Exclude Certain Convictions From Evidence As Impeachment, proposed order and certificate of service, by USA as to WALLACE HEIDELMARK, JASON SCARDECCHIO, INDOOR AIR QUALITY, INC.. (Attachments: # 1 Letters to the government re: impeaching government witnesses)(GLENN, ALBERT) (Entered: 01/26/2006)
01/26/200644 NOTICE OF PLEA HEARING as to INDOOR AIR QUALITY, INC.Change of Plea Hearing fixed for 1/27/2006 at 11AM in Courtroom 13-B before HONORABLE MARVIN KATZ. (emp) (Entered: 01/26/2006)
01/26/200645 ORDER OF 1/26/06 AS TO WALLACE HEIDELMARK, JASON SCARDECCHIO, INDOOR AIR QUALITY, INC., THAT DEFENDANTS SHALL RESPOND TO UNITED STATES' 42 MOTION IN LIMINE TO EXCLUDE CERTAIN CONVICTIONS FROM EVIDENCE AS IMPEACHMENT BY CLOSE OF BUSINESS JANUARY 27, 2006. SIGNED BY JUDGE MARVIN KATZ. 1/26/06 ENTERED AND COPIES FAXED, MAILED AND E-MAILED. (DT) (Entered: 01/26/2006)
01/27/200647 Plea Memorandum by USA as to INDOOR AIR QUALITY, INC., Certificate of Service. (GLENN, ALBERT) Modified on 1/30/2006 (rs, ). (Entered: 01/27/2006)
01/27/200652 Minute Entry for proceedings held before Judge MARVIN KATZ. Change of Plea Hearing as to INDOOR AIR QUALITY, INC., held on 1/27/06. Plea entered as to INDOOR AIR QUALITY, INC. (3) Guilty Count 1,15,16. PSI Ordered. Sentencing set for 5/2/2006 10:00 AM in COURTROOM before HONORABLE MARVIN KATZ.Court Reporter I. Goldshteyn, Esr.(dt) (Entered: 01/30/2006)
01/27/200653 Guilty Plea Agreement as to INDOOR AIR QUALITY, INC. (dt) (Entered: 01/30/2006)
01/27/200654 Resolution of The Board of Directors of INDOOR AIR QUALITY, INC. (dt) (Entered: 01/30/2006)
03/01/200664  MOTION to Continue (Unopposed), proposed order and certificate of service, by USA as to WALLACE HEIDELMARK, INDOOR AIR QUALITY, INC.. (GLENN, ALBERT) (Entered: 03/01/2006)
03/02/200666 ORDER granting 64 MOTION TO CONTINUE SENTENCING as to WALLACE HEIDELMARK (1), INDOOR AIR QUALITY, INC. (3), SENTENCING SET FOR 5/2/06 IS VACATED, SENTENCING IS CONTINUED FOR 60 DAYS. Signed by Judge MARVIN KATZ on 3/2/06.3/3/06 ENTERED AND COPIES FAXED.(cmc) (Entered: 03/02/2006)
03/02/200668 NOTICE OF SENTENCE as to INDOOR AIR QUALITY, INC.- Sentencing rescheduled to 7/6/2006 at 10AM in Courtroom 13-B before HONORABLE MARVIN KATZ. (emp) (Entered: 03/02/2006)
06/22/200686 ORDER OF 6/22/06 AS TO WALLACE HEIDELMARK, INDOOR AIR QUALITY, INC., THAT THE GOVERNMENT SHALL, AND THE DEFENDANT MAY, FILE A SENTENCING MEMORANDUM NO LATER THAN JUNE 29, 2006. ANY MOTIONS SHALL BE FILED NO LATER THAN JUNE 26, 2006. SIGNED BY JUDGE MARVIN KATZ. 6/23/06 ENTERED AND COPIES FAXED AND E-MAILED. (DT) (Entered: 06/23/2006)
06/29/200689  SENTENCING MEMORANDUM, CERTIFICATE OF SERVICE by USA as to WALLACE HEIDELMARK, INDOOR AIR QUALITY, INC. (Attachments: # 1 Exhibit Attachments A through F)(GLENN, ALBERT) (Entered: 06/29/2006)
07/06/200690 ORDER AS TO WALLACE HEIDELMARK, INDOOR AIR QUALITY, INC., THAT DEFT'S WALLACE HEIDELMARK AND INDOOR AIR QUALITY, INC. SHALL TOGETHER, JOINTLY AND SEVERALLY, PAY THE SUM OF $20,627.20 TO PROVIDE PAYMENTS FOR MEDICAL EXAMINATIONS FOR THE 37 IDENTIFIED FORMER INDOOR AIR QUALITY EMPLOYEES WHO WORKED "INSIDE CONTAINMENT" REMOVING ASBESTOS BETWEEN 1/1/01 AND 8/16/04. THESE 37 EMPLOYEES ARE NAMED IN THE GOVT'S CONSOLIDATED SENTENCING MEMORANDUM AT PAGE 26. THIS PAYMENT SHOULD BE PAID TO THE CLERK OF COURT, ETC. . Signed by Judge MARVIN KATZ on 7/6/06.7/7/06 Entered and Copies FAXED (jcz). (Entered: 07/07/2006)
07/06/200694 Minute Entryfor proceedings held before Judge MARVIN KATZ Sentencing held on 7/6/06 for INDOOR AIR QUALITY, INC. (3), Count(s) 1, 15, 16, PROBATION 2 YRS., RESTITUTION $41,541.17, FINE $100,000.00, SPEC. ASSESS. $1,200.00; Count(s) 17, 19, 2-14, 20-22, 23-25, 26, 27-34, DISMISSED.Court Reporter ESR.(cmc) (Entered: 07/07/2006)
07/06/200695 JUDGMENT AS TO INDOOR AIR QUALITY, INC. (3), Count(s) 1, 15, 16, PROBATION 2 YRS., RESTITUTION $41,541.17, FINE $100,000.00, SPEC. ASSESS. $1,200.00; Count(s) 17, 19, 2-14, 20-22, 23-25, 26, 27-34, DISMISSED . Signed by Judge MARVIN KATZ on 7/6/06.7/7/06 Entered and Copies Mailed. (cmc) (Entered: 07/07/2006)
02/11/2008124 REPORT AND ORDER OF PROBATION OFFICER OF 2/11/08 AS TO INDOOR AIR QUALITY, INC., THAT THE PROBATION TERM IMPOSED ON JUY 6, 2006 BE ALLOWED TO TERMINATE ON ITS ORIGINAL EXPIRATION DATE OF JULY 5, 2008, WITH AN OUTSTANDING MONETARY OBLIGATION. SIGNED BY JUDGE MARVIN KATZ. 2/11/08 ENTERED. (DT) (Entered: 02/11/2008)
07/29/2008125 ORDER OF 7/29/08 THAT THE ABOVE-CAPTIONED CASE IS REASSIGNED FROM THE CALENDAR OF THE HONORABLE MARVIN KATZ TO THE CALENDAR OF THE HONORABLE STEWART DALZELL. SIGNED BY CHIEF JUDGE HARVEY BARTLE, III. 7/30/08 ENTERED AND COPIES E-MAILED. (DT) (Entered: 07/30/2008)