CLOSED

U.S. District Court
United States District Court for the District of Connecticut (New Haven)
CRIMINAL DOCKET FOR CASE #: 3:07-cr-00175-JBA All Defendants


Case title: USA v. Ionia Management S.A. et al
Other court case number: 2007/004 U.S. District Court of the Virgin Islands

Date Filed: 08/02/2007
Date Terminated: 12/18/2007

Assigned to: Judge Janet Bond Arterton

Defendant (1)
Ionia Management S.A.
TERMINATED: 12/18/2007
represented byGeorge 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
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)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Judge Janet Bond Arterton

Defendant (2)
Edgardo Mercurio
TERMINATED: 10/18/2007
represented byBrian 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
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)
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)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byJohn 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
07/24/2007Minute 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)
07/24/2007PLEA 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)
07/24/2007Petition to Enter Plea of Guilty as to Edgardo Mercurio ( Signed by Judge Janet Bond Arterton ) (Torday, B.) (Entered: 08/17/2007)
07/26/2007SENTENCING 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)
08/02/2007CONSENT 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)
09/05/2007MARKED Witness List by Ionia Management S.A., USA as to Ionia Management S.A. (Torday, B.) (Entered: 09/10/2007)
09/05/2007MARKED Exhibit List by USA as to Ionia Management S.A. (Torday, B.) (Entered: 09/10/2007)
09/05/200710 MARKED Exhibit List by Ionia Management S.A. (Torday, B.) (Entered: 09/10/2007)
09/06/2007Jury Instructions as to Ionia Management S.A. (Torday, B.) (Entered: 09/10/2007)
09/06/2007Jury VERDICT as to Ionia Management S.A. (1) Guilty on Count 1-6: (Torday, B.) (Entered: 09/10/2007)
09/06/200711 COURT EXHIBIT LIST as to Ionia Management S.A. (Torday, B.) (Entered: 09/10/2007)
10/12/200712 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)
10/18/200713 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)
12/14/200714 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)
12/18/200715 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)
04/24/200816 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)