| CLOSED |
Case title: USA v. Ionia Management S.A. et al
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Date Filed: 08/02/2007 Date Terminated: 12/18/2007 |
| Assigned to: Judge Janet Bond Arterton | ||
Defendant (1) |
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Ionia Management S.A.
TERMINATED: 12/18/2007 |
represented by | George M. Chalos
Chalos & Co, P.C. 55 Hamilton Ave. Oyster Bay, NY 11771 516-714-4300 Fax: 516-750-9051 Email: gmc@chaloslaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Patrick F. Lennon Lennon Murphy Caulfield & Phillips, LLC Tide Mill Landing 2425 Post Road, Suite 302 Southport, CT 06890 203-256-8600 Fax: 203-256-8615 Email: pfl@lmcplegal.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained |
Pending Counts |
Disposition |
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| ENFORCEMENT - CRIMINAL PENALTIES (1-6) |
The defendant shall be placed on probation for a total term of 48 months. 1. All vessels owned and /or managed by Ionia Management S.A. entering U.S. ports are required to be equipped with digital recording equipment for the oily water separator ("white box\")and no such vessel under the authority of Ionia will be permitted without it. 2. A special Master will be appointed by the Court to whom all records related to oil contaminated wastes from Ionia vessels will be reported monthly, along with Ionia in-house analyses. The Special Master will hold compliance hearings every six months, taking sworn testimony from witnesses, to insure the accuracy and meaning of the records as demonstrating APPS /MARPOL compliant ship operations. Defendant will bear the cost of the Special Masters regular hourly rate. The parties will submit a list of Special Master nominees with CVs by January 4, 2008. 3. All reports and records will be maintained by Ionia for the entire period of probation, including sludge reports which are reported to Ionia weekly. Defendant shall pay a fne of $4,900,000.00. | |
Highest Offense Level (Opening) |
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| Felony | ||
Terminated Counts |
Disposition |
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| None | ||
Highest Offense Level (Terminated) |
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| None | ||
Complaints |
Disposition |
|
| None |
| Assigned to: Judge Janet Bond Arterton | ||
Defendant (2) |
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Edgardo Mercurio
TERMINATED: 10/18/2007 |
represented by | Brian E. Spears
Levett Rockwood 33 Riverside Ave., PO Box 5116 Westport, CT 06881 203-222-3101 Fax: 203-226-8025 Email: bspears@levettrockwood.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained |
Pending Counts |
Disposition |
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| ENFORCEMENT - CRIMINAL PENALTIES (6) |
The defendant shall be placed on probation for a total term of 12 MONTHS to run concurrently in cases 3:07cr134JBA, 3:07cr174JBA, 3:07cr175JBA and 3:07cr176JBA. Defendant shall pay a fine of $1,000.00, from a corpus consisting of claimed unpaid The defendant shall be placed on probation for a total term of 12 MONTHS to run concurrently in cases 3:07cr134JBA, 3:07cr174JBA, 3:07cr175JBA and 3:07cr176JBA. Defendant shall pay a fine of $1,000.00, from a corpus consisting of claimed unpaid salary owed by Ionia Mgmt. S.A. If and when such money becomes available to defendant, he shall pay or make arrangements to have paid to the Clerks Office this fine amount and defendant may not leave the United States until the fine has been paid or salary owed by Ionia Mgmt. S.A. If and when such money becomes available to defendant, he shall pay or make arrangements to have paid to the Clerks Office this fine amount and defendant may not leave the United States until the fine has been paid or satisfactory arrangement has been made for its payment through his counsel or otherwise. Defendant shall not possess a firearm or other dangerous weapon.satisfactory arrangement has been made for its payment through his counsel or otherwise. Defendant shall not possess a firearm or other dangerous weapon. | |
Highest Offense Level (Opening) |
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| Felony | ||
Terminated Counts |
Disposition |
|
| ENFORCEMENT - CRIMINAL PENALTIES (1-5) |
The defendant shall be placed on probation for a total term of 12 MONTHS to run concurrently in cases 3:07cr134JBA, 3:07cr174JBA, 3:07cr175JBA and 3:07cr176JBA. Defendant shall pay a fine of $1,000.00, from a corpus consisting of claimed unpaid salary owed by Ionia Mgmt. S.A. If and when such money becomes available to defendant, he shall pay or make arrangements to have paid to the Clerks Office this fine amount and defendant may not leave the United States until the fine has been paid or satisfactory arrangement has been made for its payment through his counsel or otherwise. Defendant shall not possess a firearm or other dangerous weapon. | |
Highest Offense Level (Terminated) |
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| Felony | ||
Complaints |
Disposition |
|
| None |
Plaintiff |
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| USA | represented by | John H. Durham
U.S. Attorney's Office-NH 157 Church St., 23rd floor PO Box 1824 New Haven, CT 06510 203-821-3700 Email: john.durham@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Kevin J. O'Connor Bracewell & Giuliani, LLP - CT 225 Asylum Street, Suite 2600 Hartford, CT 06103 860-256-8602 Fax: 860-256-3201 Email: kevin.oconnor@bgllp.com TERMINATED: 04/21/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 07/24/2007 | 2 | Minute Entry for proceedings held before Judge Janet Bond Arterton :Change of Plea Hearing as to Edgardo Mercurio held on 7/24/2007, Plea entered by Edgardo Mercurio (2) Guilty Count 6. by Edgardo Mercurio Sentencing set for 10/12/2007 03:00 PM in Courtroom Two, 141 Church St., New Haven, CT before Judge Janet Bond Arterton. Total Time: 2 hours and 12 minutes(Court Reporter S. Montini.)(Torday, B.) (Entered: 08/17/2007) |
| 07/24/2007 | 3 | PLEA AGREEMENT as to Edgardo Mercurio, Plea entered by Edgardo Mercurio (2) Guilty Count 6. by Edgardo Mercurio (Torday, B.) Additional attachment(s) added on 8/17/2007 (Torday, B.). (Entered: 08/17/2007) |
| 07/24/2007 | 4 | Petition to Enter Plea of Guilty as to Edgardo Mercurio ( Signed by Judge Janet Bond Arterton ) (Torday, B.) (Entered: 08/17/2007) |
| 07/26/2007 | 5 | SENTENCING SCHEDULING ORDER as to Edgardo Mercurio PSI due 9/4/07 2nd PSI due 9/25/07 Memo in aid of sentencing due 10/2/07 Government Response due 10/9/07 Sentencing set for 10/12/2007 03:00 PM in Courtroom Two, 141 Church St., New Haven, CT before Judge Janet Bond Arterton.. Signed by Judge Janet Bond Arterton on 7/25/07. (Torday, B.) (Entered: 08/17/2007) |
| 08/02/2007 | 1 | CONSENT TO TRANSFER JURISDICTION (Rule 20) from District Court of the Virgin Islands by Ionia Management S.A., Edgardo Mercurio. (Villano, P.) (Entered: 08/14/2007) |
| 09/05/2007 | 8 | MARKED Witness List by Ionia Management S.A., USA as to Ionia Management S.A. (Torday, B.) (Entered: 09/10/2007) |
| 09/05/2007 | 9 | MARKED Exhibit List by USA as to Ionia Management S.A. (Torday, B.) (Entered: 09/10/2007) |
| 09/05/2007 | 10 | MARKED Exhibit List by Ionia Management S.A. (Torday, B.) (Entered: 09/10/2007) |
| 09/06/2007 | 6 | Jury Instructions as to Ionia Management S.A. (Torday, B.) (Entered: 09/10/2007) |
| 09/06/2007 | 7 | Jury VERDICT as to Ionia Management S.A. (1) Guilty on Count 1-6: (Torday, B.) (Entered: 09/10/2007) |
| 09/06/2007 | 11 | COURT EXHIBIT LIST as to Ionia Management S.A. (Torday, B.) (Entered: 09/10/2007) |
| 10/12/2007 | 12 | Minute Entry for proceedings held before Judge Janet Bond Arterton :Sentencing as to Edgardo Mercurio held on 10/12/2007 Total Time: 1 hours and 16 minutes(Court Reporter S. Montini.)(Torday, B.) (Entered: 10/15/2007) |
| 10/18/2007 | 13 | JUDGMENT as to Edgardo Mercurio (2), Counts 1-5 Dismissed; 6, The defendant shall be placed on probation for a total term of 12 MONTHS to run concurrently in cases 3:07cr134JBA, 3:07cr174JBA, 3:07cr175JBA and 3:07cr176JBA.Defendant shall pay a fine of $1,000.00, from a corpus consisting of claimed unpaid salary owed by Ionia Mgmt. S.A. If and when such money becomes available to defendant, he shall pay or make arrangements to have paid to the Clerks Office this fine amount and defendant may not leave the United States until the fine has been paid or satisfactory arrangement has been made for its payment through his counsel or otherwise.Defendant shall not possess a firearm or other dangerous weapon.. Signed by Judge Janet Bond Arterton on 10/18/07. (Torday, B.) (Entered: 10/19/2007) |
| 12/14/2007 | 14 | Minute Entry for proceedings held before Judge Janet Bond Arterton:Sentencing as to Ionia Management S.A. held on 12/14/2007 Total Time: 2 hours and 15 minutes(Court Reporter S. Montini.)(Torday, B.) (Entered: 12/17/2007) |
| 12/18/2007 | 15 | JUDGMENT as to Ionia Management S.A. (1), Counts 1-6, The defendant shall be placed on probation for a total term of 48 months.1. All vessels owned and /or managed by Ionia Management S.A. entering U.S. ports are required to be equipped with digital recording equipment for the oily water separator ("white box")and no such vessel under the authority of Ionia will be permitted without it.2. A special Master will be appointed by the Court to whom all records related to oil contaminated wastes from Ionia vessels will be reported monthly, along with Ionia in-house analyses. The Special Master will hold compliance hearings every six months, taking sworn testimony from witnesses, to insure the accuracy and meaning of the records as demonstrating APPS /MARPOL compliant ship operations. Defendant will bear the cost of the Special Masters regular hourly rate. The parties will submit a list of Special Master nominees with CVs by January 4, 2008.3. All reports and records will be maintained by Ionia for the entire period of probation, including sludge reports which are reported to Ionia weekly. Defendant shall pay a fne of $4,900,000.00.. Signed by Judge Janet Bond Arterton on 12/18/07. (Torday, B.) (Entered: 12/19/2007) |
| 04/24/2008 | 16 | ORDER Re: All payments to be maintain in a interest bearing accounts by Clerk's Office of USDC as to Ionia Management S.A.. Signed by Judge Janet Bond Arterton on 4/22/08. (Torday, B.) (Entered: 04/24/2008) |