(b)(1)(A),MAG,CJA,CLOSED,LODGE_DOC

US District Court Electronic Case Filing System
District of Utah (Central)
CRIMINAL DOCKET FOR CASE #: 2:06-cr-00169-DB All Defendants


Case title: USA v. Johnson Matthey, Inc. et al
Date Filed: 03/22/2006
Date Terminated: 04/05/2012
Assigned to: Judge Dee Benson

Defendant (1)
Johnson Matthey Inc
TERMINATED: 12/03/2008 		represented bySpencer E. Austin
PARSONS BEHLE & LATIMER (UT)
201 S MAIN ST STE 1800
PO BOX 45898
SALT LAKE CITY, UT 84145-0898
(801)532-1234
Email: ecf@parsonsbehle.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Lawrence J. Leigh
PARSONS BEHLE & LATIMER (UT)
201 S MAIN ST STE 1800
PO BOX 45898
SALT LAKE CITY, UT 84145-0898
(801) 536-6675
Email: ecf@parsonsbehle.com
ATTORNEY TO BE NOTICED
Designation: Retained

Sean D. Reyes
PARSONS BEHLE & LATIMER (UT)
201 S MAIN ST STE 1800
PO BOX 45898
SALT LAKE CITY, UT 84145-0898
(801)532-1234
Email: ecf@parsonsbehle.com
ATTORNEY TO BE NOTICED
Designation: Retained

Seth P. Hobby
PARSONS BEHLE & LATIMER (UT)
201 S MAIN ST STE 1800
PO BOX 45898
SALT LAKE CITY, UT 84145-0898
(801)536-6929
Email: ecf@parsonsbehle.com
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
Disposition
33:1319.F ENFORCEMENT - CRIMINAL PENALTIES/Clean Water Act; 18:2 Aiding and Abetting
(1ss)		 Probation 36 months. Fine $2,250,000.00, Restitution $750,000.00. SPA $400.00

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES/Conspiracy
(1)		 Dismissed per Govt.
18:371 CONSPIRACY TO DEFRAUD THE GOVERNMENT/Conspiracy
(1s)		 Dismissed per Govt.
33:1319(c)(2)(A) ENFORCEMENT - CRIMINAL PENALTIES/Violation of a Requirement Imposed in a Pretreatment Program Approved Under 33:1342(b)(8) and 18:2 Aiding and Abetting
(2-13)		 Dismissed per Govt.
33:1319(c)(2)(A) ENFORCEMENT - CRIMINAL PENALTIES/Violation of a Requirement Imposed in a Pretreatment Program Approved Under 33:1342(b)(8) and 18:2 Aiding and Abetting
(2s-13s)		 Dismissed per Govt.
18:1001 STATEMENTS OR ENTRIES GENERALLY/Concealment by Trick, Scheme, and Device and 18:2 Aiding and Abetting
(14-23)		 Dismissed per Govt.
18:1001(a) STATEMENTS OR ENTRIES GENERALLY/Concealment by Trick, Scheme and Device and 18:2 Aiding and Abetting
(14s-23s)		 Dismissed per Govt.
33:1319(c)(4) ENFORCEMENT - CRIMINAL PENALTIES/Falsifies, Tampers with or Renders Inaccurate any Monitoring Device or Method Required to be maintained under the Clean Water Act and 18:2 Aiding and Abetting
(24-26)		 Dismissed per Govt.
33:1319(c)(4) ENFORCEMENT - CRIMINAL PENALTIES/Falsifies, Tampers with or Renders Inaccurate any Monitoring Device or Method Required to be Maintained Under the Clean Water Act and 18:2 Aiding and Abetting
(24s-26s)		 Dismissed per Govt.
33:1319(c)(2)(A) ENFORCEMENT - CRIMINAL PENALTIES/Violation of a Requirement Imposed in a Pretreatment Program Approved under 33:1342(b)(8) and 18:2 Aiding and Abetting
(27-29)		 Dismissed per Govt.
33:1319(c)(2)(A) ENFORCEMENT - CRIMINAL PENALTIES/Violation of a Requirement Imposed in a Pretreatment Program Approved Under 33:1342(b)(8) and 18:2 Aiding and Abetting
(27s-29s)		 Dismissed per Govt.

Highest Offense Level (Terminated)
Felony

Complaints
Disposition
None
Assigned to: Judge Dee Benson

Defendant (2)
John David McKelvie
TERMINATED: 09/05/2008 		represented byMax D. Wheeler
SNOW CHRISTENSEN & MARTINEAU
10 EXCHANGE PLACE 11TH FLOOR
PO BOX 45000
SALT LAKE CITY, UT 84145-5000
(801)521-9000
Email: intakeclerk@scmlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Richard A. Van Wagoner
SNOW CHRISTENSEN & MARTINEAU
10 EXCHANGE PLACE 11TH FLOOR
PO BOX 45000
SALT LAKE CITY, UT 84145-5000
(801)521-9000
Email: rvanwagoner@scmlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Samuel S. Harkness
PRESTIGE FINANCIAL SERVICES INC
1420 S 500 W
SALT LAKE CITY, UT 84115
(801)844-2470
Email: sh@scmlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
Disposition
18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES/Conspiracy
(1)		 Moot per filing of Superseding Indictment
33:1319(c)(2)(A) ENFORCEMENT - CRIMINAL PENALTIES/Violation of a Requirement Imposed in a Pretreatment Program Approved Under 33:1342(b)(8) and 18:2 Aiding and Abetting
(2-13)		 Moot per filing of Superseding Indictment
18:1001 STATEMENTS OR ENTRIES GENERALLY/Concealment by Trick, Scheme, and Device and 18:2 Aiding and Abetting
(14-23)		 Moot per filing of Superseding Indictment
18:1001(a) STATEMENTS OR ENTRIES GENERALLY/Concealment by Trick, Scheme and Device and 18:2 Aiding and Abetting
(22s)		 Twelve months unsupervised probation. Fine of $1000. Twenty hours of community service as directed by the USPO. $100 SPA.

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
18:371 CONSPIRACY TO DEFRAUD THE GOVERNMENT/Conspiracy
(1s)		 Dismissed on government motion.
33:1319(c)(2)(A) ENFORCEMENT - CRIMINAL PENALTIES/Violation of a Requirement Imposed in a Pretreatment Program Approved Under 33:1342(b)(8) and 18:2 Aiding and Abetting
(3s-13s)		 Dismissed on government motion.
18:1001(a) STATEMENTS OR ENTRIES GENERALLY/Concealment by Trick, Scheme and Device and 18:2 Aiding and Abetting
(17s-21s)		 Dismissed on government motion.
18:1001(a) STATEMENTS OR ENTRIES GENERALLY/Concealment by Trick, Scheme and Device and 18:2 Aiding and Abetting
(23s)		 Dismissed on government motion.

Highest Offense Level (Terminated)
Felony

Complaints
Disposition
None
Assigned to: Judge Dee Benson

Defendant (3)
Paul Card Greaves
TERMINATED: 09/05/2008 		represented byMichael W. Jaenish
928 S 1500 E
SALT LAKE CITY, UT 84105
(801)583-3208
Email: mwjaenish@q.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
Disposition
18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES/Conspiracy
(1)		 Moot per filing of Superseding Indictment
33:1319(c)(2)(A) ENFORCEMENT - CRIMINAL PENALTIES/Violation of a Requirement Imposed in a Pretreatment Program Approved Under 33:1342(b)(8) and 18:2 Aiding and Abetting
(2-13)		 Moot per filing of Superseding Indictment
18:1001 STATEMENTS OR ENTRIES GENERALLY/Concealment by Trick, Scheme, and Device and 18:2 Aiding and Abetting
(14-23)		 Moot per filing of Superseding Indictment
18:1001(a) STATEMENTS OR ENTRIES GENERALLY/Concealment by Trick, Scheme and Device and 18:2 Aiding and Abetting
(22s)		 Twelve months unsupervised probation. Fine of $500. Twenty hours of community service as directed by the USPO. $100 SPA.
33:1319(c)(4) ENFORCEMENT - CRIMINAL PENALTIES/Falsifies, Tampers with or Renders Inaccurate any Monitoring Device or Method Required to be maintained under the Clean Water Act and 18:2 Aiding and Abetting
(24-26)		 Moot per filing of Superseding Indictment
33:1319(c)(2)(A) ENFORCEMENT - CRIMINAL PENALTIES/Violation of a Requirement Imposed in a Pretreatment Program Approved under 33:1342(b)(8) and 18:2 Aiding and Abetting
(27-29)		 Moot per filing of Superseding Indictment

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
18:371 CONSPIRACY TO DEFRAUD THE GOVERNMENT/Conspiracy
(1s)		 Dismissed on government motion.
33:1319(c)(2)(A) ENFORCEMENT - CRIMINAL PENALTIES/Violation of a Requirement Imposed in a Pretreatment Program Approved Under 33:1342(b)(8) and 18:2 Aiding and Abetting
(2s-13s)		 Dismissed on government motion.
18:1001(a) STATEMENTS OR ENTRIES GENERALLY/Concealment by Trick, Scheme and Device and 18:2 Aiding and Abetting
(14s-21s)		 Dismissed on government motion.
18:1001(a) STATEMENTS OR ENTRIES GENERALLY/Concealment by Trick, Scheme and Device and 18:2 Aiding and Abetting
(23s)		 Dismissed on government motion.
33:1319(c)(4) ENFORCEMENT - CRIMINAL PENALTIES/Falsifies, Tampers with or Renders Inaccurate any Monitoring Device or Method Required to be Maintained Under the Clean Water Act and 18:2 Aiding and Abetting
(24s-26s)		 Dismissed on government motion.
33:1319(c)(2)(A) ENFORCEMENT - CRIMINAL PENALTIES/Violation of a Requirement Imposed in a Pretreatment Program Approved Under 33:1342(b)(8) and 18:2 Aiding and Abetting
(27s-29s)		 Dismissed on government motion.

Highest Offense Level (Terminated)
Felony

Complaints
Disposition
None
Assigned to: Judge Dee Benson

Defendant (4)
Johnson Matthey PLC
TERMINATED: 04/05/2012 		represented byDavid J. Jordan
STOEL RIVES (UT)
201 S MAIN ST STE 1100
SALT LAKE CITY, UT 84111-4904
(801)328-3131
Email: djjordan@stoel.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Frank R. Volpe
SIDLEY AUSTIN LLP (DC)
1501 K ST NW
WASHINGTON, DC 20005
(202)736-8000
Email: fvolpe@sidley.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

P. David Richardson
SIDLEY AUSTIN LLP (DC)
1501 K ST NW
WASHINGTON, DC 20005
(202)736-8000
LEAD ATTORNEY
Designation: Retained

Marc T. Rasich
STOEL RIVES (UT)
201 S MAIN ST STE 1100
SALT LAKE CITY, UT 84111-4904
(801)328-3131
Email: mtrasich@stoel.com
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
Disposition
18:371 CONSPIRACY TO DEFRAUD THE GOVERNMENT/Conspiracy
(1)

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
None

Highest Offense Level (Terminated)
None

Complaints
Disposition
None

Plaintiff
USA represented byAndrea T. Steward
222 W 7TH AVE STE 253
ANCHORAGE, AK 99513
(202)305-0230
Email: aunnie.steward@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Jared C. Bennett
US ATTORNEY'S OFFICE (UT)
SALT LAKE CITY, UT 00000
(801)325-3259
Email: jared.bennett@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Richard Poole
US DEPARTMENT OF JUSTICE (ENRD ECS)
ENRD ECS
PO BOX 23985
WASHINGTON, DC 20026
(202)305-0321
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Barbara Bearnson
US ATTORNEY'S OFFICE (UT)
SALT LAKE CITY, UT 00000
(801)325-3230
Email: barbara.bearnson@usdoj.gov
TERMINATED: 11/30/2006

Richard N. Lambert
US ATTORNEY'S OFFICE (UT)
SALT LAKE CITY, UT 00000
(801)325-3267
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
03/22/20061 INDICTMENT as to Johnson Matthey (1) count(s) 1, 2-13, 14-23, 24-26, 27-29, John David McKelvie (2) count(s) 1, 2-13, 14-23, Paul Card Greaves (3) count(s) 1, 2-13, 14-23, 24-26, 27-29.Assigned to Judge Dee Benson (asp, ) (Entered: 03/23/2006)
03/23/20062 **SEALED DOCUMENT** Summons Issued in case as to Johnson Matthey, John David McKelvie, Paul Card Greaves Initial Appearance set for 4/25/2006 09:00 AM in Room 477 before Magistrate Judge David Nuffer. (asp, ) (Entered: 03/23/2006)
03/28/20063 **RESTRICTED DOCUMENT** Summons Returned Executed on 3/27/06 as to John David McKelvie (Attachments: # 1 Proof of Service)(asp, ) (Entered: 03/29/2006)
03/28/20064 **RESTRICTED DOCUMENT** Summons Returned Executed on 3/27/06 as to Johnson Matthey (Attachments: # 1 Proof of Service)(asp, ) (Entered: 03/29/2006)
03/28/20065 **RESTRICTED DOCUMENT** Summons Returned Executed on 3/24/06 as to Paul Card Greaves (Attachments: # 1 Proof of Service)(asp, ) (Entered: 03/29/2006)
04/25/20066 Minute Entry for proceedings held before Judge David Nuffer :Arraignment as to Johnson Matthey (1) Count 1,2-13,14-23,24-26,27-29 and John David McKelvie (2) Count 1,2-13,14-23 and Paul Card Greaves (3) Count 1,2-13,14-23,24-26,27-29 held on 4/25/2006, Detention Hearing as to Johnson Matthey, John David McKelvie, Paul Card Greaves held on 4/25/2006. Initial Appearance as to Johnson Matthey, John David McKelvie, Paul Card Greaves held on 4/25/2006.
Defendants present with retained counsel. Charging document read, rights and penalties explained. Each defendant waived formal reading of the Indictment and entered pleas of NOT GUILTY.
Added attorney Michael W. Jaenish for Paul Card Greaves, Max D Wheeler for John David McKelvie, Samuel S. Harkness for John David McKelvie, Spencer E. Austin for Johnson Matthey., Pretrial Conference as to Johnson Matthey, John David McKelvie, Paul Card Greaves held on 4/25/2006
The bulk of discovery will be provided by 5/9/06. Interview, expert reports and summaries to be provided by 6/9/2006. Motions due by 9/29/2006. Plea Agreement due by 12/4/2006. Proposed Jury Instructions along with proposed voir dire questions 12/22/2006. 6 Weeks day Jury Trial set for 1/8/2007 08:30 AM before Judge Dee Benson. Status Conference set for 6/26/2006 09:00 AM in Room 477 before Magistrate Judge David Nuffer. Court made findings on the record and excluded time under the Speedy Trial Act.
Court set conditions of pretrial release. Court adjourned.
Attorney for Plaintiff: Andrea Steward & Richard Poole, Attorney for Defendant: Spence Austin, Larry Lay, Max Wheeler, Sam Harkness, Michael Jaenish, Ret. Probation Officer: Amie Williamson.(Court Reporter Electronic, Tape #389, Log #1195-2461, Room 477.) (asb, ) (Entered: 04/25/2006)
04/25/20067 ORDER Setting Conditions of Release as to John David McKelvie. Signed by Judge David Nuffer on 4/25/06. (asb, ) Modified on 9/14/2006: replaced document image (alt) (Entered: 04/25/2006)
04/25/20068 ORDER Setting Conditions of Release as to Paul Card Greaves. Signed by Judge David Nuffer on 4/25/06. (asb, ) Modified on 9/14/2006: replaced document image (alt) (Entered: 04/25/2006)
04/25/200623 MODIFICATION OF DOCKET as to John David McKelvie, Paul Card Greaves. Error: Document images were not viewable in IE. Correction: Corrected and replaced document images, re: 8 Order Setting Conditions of Release, 7 Order Setting Conditions of Release (alt) (Entered: 09/15/2006)
04/26/20069 NOTICE OF ATTORNEY APPEARANCE: Lawrence J. Leigh appearing for Johnson Matthey (Leigh, Lawrence) (Entered: 04/26/2006)
04/26/200610 NOTICE OF ATTORNEY APPEARANCE: Spencer E. Austin appearing for Johnson Matthey (Austin, Spencer) Modified on 4/26/2006 (rak, ). (Entered: 04/26/2006)
04/26/200611 MODIFICATION OF DOCKET as to Johnson Matthey Error: Wrong filer was chosen and shows USA as filer on the NEF. Correction: Corrected filer from USA to Johnson Matthey. re 10 Notice of Attorney Appearance - Defendant. (rak, ) (Entered: 04/26/2006)
04/26/200612 NOTICE OF ATTORNEY APPEARANCE: Seth P. Hobby appearing for Johnson Matthey (Hobby, Seth) (Entered: 04/26/2006)
04/26/200613 NOTICE OF ATTORNEY APPEARANCE: Sean D. Reyes appearing for Johnson Matthey (Reyes, Sean) (Entered: 04/26/2006)
04/26/200614 NOTICE OF ATTORNEY APPEARANCE: Samuel S. Harkness appearing for John David McKelvie (Harkness, Samuel) (Entered: 04/26/2006)
04/27/200615 NOTICE OF ATTORNEY APPEARANCE: Max D Wheeler appearing for John David McKelvie (Wheeler, Max) (Entered: 04/27/2006)
04/28/200616 NOTICE OF ATTORNEY APPEARANCE: Richard A Van Wagoner appearing for John David McKelvie (Van Wagoner, Richard) (Entered: 04/28/2006)
05/10/200617 First CERTIFICATE OF COMPLIANCE filed by USA as to Johnson Matthey, John David McKelvie, Paul Card Greaves. (Attachments: # 1 Exhibit 1)(Bearnson, Barbara) (Entered: 05/10/2006)
06/21/200620 Second CERTIFICATE OF COMPLIANCE filed by USA as to Johnson Matthey, John David McKelvie, Paul Card Greaves. (Attachments: # 1 Exhibit Exhibit 1 Pages 1-16# 2 Exhibit Exhibit 1 17-33)(Bearnson, Barbara) (Entered: 06/21/2006)
06/26/200621 Minute Entry for proceedings held before Judge David Nuffer :Status Conference as to Johnson Matthey, John David McKelvie, Paul Card Greaves held on 6/26/2006
Counsel present. Discussion on the status of discovery. Government informed the Court that discovery has been produced with the exception of CD discovery that is not readable. As soon as the CD is readable, it will be produced.
Mr. Wheeler requested 801 and 404(b) evidence material be produced prior than 2 weeks prior to trial. Discussion heard. Court instructed Mr. Wheeler to file a motion with the specifics. Government will provide all 404(b) evidence by 11/9/06. Court will contact Judge Benson's chambers to discuss scheduling a hearing in the 801 and 404(b) requests in late October, early November 2006.
Discussion heard on the Brady and Giglio material. Government contends that it has been provided and will continue to provide as per the rules.
Court adjourned.
Attorney for Plaintiff: Richard Poole & Barbara Bearnson, Attorney for Defendant: Spence Austin, Larry Lay, Max Wheeler, Sam Harkness, Michael Jaenish, Ret.(Court Reporter Electronic, Tape #412, Log #2266-3173, Room 477.) (asb, ) (Entered: 06/26/2006)
08/17/200622 NOTICE OF HEARING as to Johnson Matthey, John David McKelvie, Paul Card Greaves (Notice generated by chambers) James Hearing set for 11/9/2006 02:00 PM in Room 246 before Judge Dee Benson. (reb, ) (Entered: 08/17/2006)
09/28/200624  MOTION for Extension of Time file pretrial motions by Paul Card Greaves. (Jaenish, Michael) (Entered: 09/28/2006)
09/29/200625 ORDER as to Johnson Matthey, John David McKelvie, Paul Card Greaves. Motion granted as to Johnson Matthey, John David McKelvie, Paul Card Greaves: 24 MOTION for Extension of Time file pretrial motions filed by Paul Card Greaves - Motions due by 10/13/2006. Signed by Judge Dee Benson on 9/29/06 (alt) (Entered: 09/29/2006)
09/29/200626  MOTION to Exclude the Expert Testimony of John Fowler by Johnson Matthey. (Austin, Spencer) (Entered: 09/29/2006)
09/29/200627  MEMORANDUM in Support by Johnson Matthey re 29 MOTION in Limine to Exclude the Expert Testimony of John Fowler (Austin, Spencer) Modified on 10/3/2006 added docket relationship to 29 (asp, ). (Entered: 09/29/2006)
09/29/200628 NOTICE OF DEFICIENCY re 26 MOTION to Exclude the Expert Testimony of John Fowler. The document 26 was filed as a Motion to Exclude. The court asks the filer of the original document to refile the pleading as a Motion In Limine. The new pleading will receive a new document number on the docket. (asp, ) (Entered: 10/02/2006)
10/02/200629  MOTION in Limine to Exclude the Expert Testimony of John Fowler by Johnson Matthey. (Austin, Spencer) (Entered: 10/02/2006)
10/04/200630  MOTION for Scheduling Order and Exclusion of Time Under the Speedy Trial Act by USA as to Johnson Matthey, John David McKelvie, Paul Card Greaves. (Attachments: # 1 Text of Proposed Order)(Bearnson, Barbara) (Entered: 10/04/2006)
10/04/200631  MOTION Schedule Trial and Exclude Time Under Speedy Trial Act by USA as to Johnson Matthey, John David McKelvie, Paul Card Greaves. (Attachments: # 1 Text of Proposed Order)(Bearnson, Barbara) (Entered: 10/04/2006)
10/05/200632 ORDER TO CONTINUE - Ends of Justice as to Johnson Matthey, John David McKelvie, Paul Card Greaves Time excluded from 04/15/2006 until 01/08/2007. Jury Trial set for 1/8/2007 08:30 AM before Judge Dee Benson. Signed by Judge David Nuffer on 10/4/06. (asp, ) (Entered: 10/05/2006)
10/16/200633 RESPONSE to Motion by USA as to Johnson Matthey re 29 MOTION in Limine to Exclude the Expert Testimony of John Fowler, 26 MOTION to Exclude the Expert Testimony of John Fowler (Bearnson, Barbara) (Entered: 10/16/2006)
10/27/200634 Defendant's MOTION to Continue Trial Date by Johnson Matthey as to Johnson Matthey, John David McKelvie, Paul Card Greaves. (Austin, Spencer) (Entered: 10/27/2006)
10/27/200635  MEMORANDUM in Support by Johnson Matthey as to Johnson Matthey, John David McKelvie, Paul Card Greaves re 34 MOTION to Continue Trial Date (Attachments: # 1 Exhibit Petition for Extraordinary Relief# 2 Exhibit October 18, 2006 Letter# 3 Exhibit October 19, 2006 Letter# 4 Exhibit Motion for Dismissal of Petition and Supporting Memorandum# 5 Exhibit March 22, 2006 Indictment)(Austin, Spencer) (Entered: 10/27/2006)
10/30/200636 REPLY TO RESPONSE to Motion by Johnson Matthey re 29 MOTION in Limine to Exclude the Expert Testimony of John Fowler (Austin, Spencer) (Entered: 10/30/2006)
11/03/200637 ***NOTICE of CANCELLATION*** of JAMES HEARING scheduled for 11/9/2006 at 2:00 PM. This hearing will be rescheduled at a time agreeable to cnsl. (reb, ) (Entered: 11/03/2006)
11/09/200638 NOTICE OF ATTORNEY APPEARANCE Richard N. Lambert appearing for USA. (Lambert, Richard) (Entered: 11/09/2006)
11/09/200639 NOTICE of GOVERNMENT PURSUANT TO RULE 404(b) OF THE FEDERAL RULES OF EVIDENCE by USA as to Johnson Matthey, John David McKelvie, Paul Card Greaves (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Lambert, Richard) (Entered: 11/09/2006)
11/13/200640 RESPONSE to Motion by USA as to Johnson Matthey, John David McKelvie, Paul Card Greaves re 34 Defendant's MOTION to Continue Trial Date (Attachments: # 1 # 2 # 3 # 4 # 5)(Steward, Andrea) (Entered: 11/13/2006)
11/21/200641 NOTICE OF CANCELLATION OF JURY TRIAL SCHEDULED TO BEGIN ON 01/08/2007. THE JURY TRIAL IS STRICKEN AND A NEW DATE WILL BE SCHEDULED FOLLOWING THE RESOLUTION OF THE PENDING MOTION TO CONTINUE THE JURY TRIAL. (reb, ) (Entered: 11/21/2006)
11/27/200642 REPLY TO RESPONSE to Motion by Johnson Matthey as to Johnson Matthey, John David McKelvie, Paul Card Greaves re 34 Defendant's MOTION to Continue Trial Date (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Austin, Spencer) (Entered: 11/27/2006)
11/28/200643 NOTICE OF ATTORNEY APPEARANCE Jared C. Bennett appearing for USA. (Bennett, Jared) (Entered: 11/28/2006)
11/29/200644  MOTION to Withdraw as Attorney by Barbara Bearnson. by USA as to Johnson Matthey, John David McKelvie, Paul Card Greaves. (Attachments: # 1 Text of Proposed Order)(Bearnson, Barbara) (Entered: 11/29/2006)
11/30/200645 ORDER granting 44 Motion to Withdraw as Attorney. Attorney Barbara Bearnson withdrawn from case. for USA. as to Johnson Matthey (1), John David McKelvie (2), Paul Card Greaves (3). Signed by Judge Dee Benson on 11/30/06. (asp, ) (Entered: 11/30/2006)
12/07/200646 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Subpoena served on (See Document) on (See Document), filed by USA. (asp, ) (Entered: 12/08/2006)
12/13/200647 SUPERSEDING INDICTMENT as to Johnson Matthey (1) count(s) 1s, 2s-13s, 14s-23s, 24s-26s, 27s-29s, John David McKelvie (2) count(s) 1s, 3s-13s, 17s-23s, Paul Card Greaves (3) count(s) 1s, 2s-13s, 14s-23s, 24s-26s, 27s-29s, Johnson Matthey PLC (4) count(s) 1.Assigned to Judge Dee Benson (asp, ) (Entered: 12/14/2006)
12/14/200648 **SEALED DOCUMENT** Summons Issued in case as to Johnson Matthey, John David McKelvie, Paul Card Greaves, Johnson Matthey PLC Initial Appearance set for 1/10/2007 09:30 AM in Room 477 before Magistrate Judge David Nuffer. (asp, ) (Entered: 12/14/2006)
12/21/200649 **RESTRICTED DOCUMENT** Summons Returned Executed on 12/20/06 as to John David McKelvie. (kla) (Entered: 12/21/2006)
12/27/200650 **RESTRICTED DOCUMENT** Summons Returned Executed on 12/22/06 as to Paul Card Greaves (blk, ) (Entered: 12/27/2006)
01/03/2007  Terminate Deadlines and Hearings as to Johnson Matthey, John David McKelvie, Paul Card Greaves, Johnson Matthey PLC:
Based on the government's request, the Arraignment on the Superseding Indictment previously set for Wednesday, January 10, 2007 at 9:30 a.m. before Judge Nuffer is VACATED. The hearing will be reset before Judge Alba on or about January 24, 2007.
(asb) (Entered: 01/03/2007)
01/04/200751 **RESTRICTED DOCUMENT** Summons Returned Executed on 12/20/06 as to Johnson Matthey (asp) (Entered: 01/04/2007)
01/05/200752 **SEALED DOCUMENT** Summons Issued in case as to Johnson Matthey, John David McKelvie, Paul Card Greaves, Johnson Matthey PLC Initial Appearance set for 1/24/2007 01:00 PM in Room 248 before Magistrate Judge Samuel Alba. (asp) (Entered: 01/05/2007)
01/11/200753 **RESTRICTED DOCUMENT** Summons Returned Executed on 01/09/2007 as to Paul Card Greaves (asp) (Entered: 01/11/2007)
01/11/200754 **RESTRICTED DOCUMENT** Summons Returned Executed on 01/09/2007 as to Johnson Matthey (asp) (Entered: 01/11/2007)
01/11/200755 **RESTRICTED DOCUMENT** Summons Returned Executed on 01/05/2007 as to Johnson Matthey PLC (asp) (Entered: 01/11/2007)
01/12/200756 **RESTRICTED DOCUMENT** Summons Returned Executed on 01/11/2007 as to Johnson Matthey PLC (asp) (Entered: 01/12/2007)
01/12/200757 **RESTRICTED DOCUMENT** Summons Returned Executed on 01/12/2007 as to Johnson Matthey PLC (asp) (Entered: 01/16/2007)
01/16/200758 **RESTRICTED DOCUMENT** Summons Returned Executed on 01/10/2007 as to John David McKelvie (asp) (Entered: 01/16/2007)
01/23/200759 NOTICE OF ATTORNEY APPEARANCE: David J. Jordan appearing for Johnson Matthey PLC (Jordan, David) (Entered: 01/23/2007)
01/23/200760  MOTION to Quash Service of Summons on Indictment by Johnson Matthey PLC. (Jordan, David) (Entered: 01/23/2007)
01/23/200761  MEMORANDUM in Support by Johnson Matthey PLC re 60 MOTION to Quash Service of Summons on Indictment (Jordan, David) (Entered: 01/23/2007)
01/23/200762 AFFIDAVIT by Affiant David Firn by Johnson Matthey PLC re: 60 MOTION to Quash Service of Summons on Indictment filed by Johnson Matthey PLC (Jordan, David) (Entered: 01/23/2007)
01/24/200763 NOTICE OF ATTORNEY APPEARANCE: Marc T. Rasich appearing for Johnson Matthey PLC (Rasich, Marc) (Entered: 01/24/2007)
01/24/200766 Minute Entry for proceedings held before Judge Samuel Alba.Arraignment as to Paul Card Greaves (3) Count 1s,2s-13s,14s-23s,24s-26s,27s-29s and Johnson Matthey (1) Count 1s,2s-13s,14s-23s,24s-26s,27s-29s and John David McKelvie (2) Count 1s,3s-13s,17s-23s held on 1/24/2007. Counsel for defendants present. Reading of the superseding indictment was waived, plea of NOT GUILTY entered by all defendants. As to Johnson Matthey PLC there has been a motion to quash the service on the summons filed. This matter has not been referred to a magistrate judge at this time. Counsel are to contact chambers re: this motion. There has also been a motion to continue the trial date filed. Pursuant to docket entry #41 the jury trial date was stricken and a new date will be scheduled following the resolution of the pending motion to continue the trial date. Court instructed counsel to contact Judge Bensons chambers for a hearing date re: the motion to continue. No dates were set at this time. Attorney for Plaintiff: Richard Poole, Jared Bennett, Mark Hirata, AUSA, Attorney for Defendant: Max Wheeler, Sam Harkness, Spencer Austin, Lawrence Leigh, Michael Jaenish, Mark Rasich, retained. Court Reporter: Electronic.(Time Start: 31:14, Time End: 41:56, Room 248.) (ss) (Entered: 02/08/2007)
02/06/200764  MEMORANDUM in Opposition by USA as to Johnson Matthey PLC re 60 MOTION to Quash Service of Summons on Indictment (Attachments: # 1 Exhibit Attachment 1# 2 Exhibit Attachment 2# 3 Exhibit Attachment 3 (filed separately under seal)# 4 Exhibit Attachment 4# 5 Exhibit Attachment 5# 6 Exhibit Attachment 6# 7 Exhibit Attachment 7# 8 Exhibit Attachment 8)(Bennett, Jared) (Entered: 02/06/2007)
02/08/200765 **SEALED DOCUMENT** Summons Re-Issued per request of US Attorney Richard Lambert in case as to Johnson Matthey PLC. Initial Appearance set for 3/1/2007 09:45 AM in Room 477 before Magistrate Judge David Nuffer. (ce) (Entered: 02/08/2007)
02/15/200767 ORDER REFERRING CASE to Magistrate Judge David Nuffer as to Johnson Matthey, John David McKelvie, Paul Card Greaves, Johnson Matthey PLC under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. Motions referred to David Nuffer. Signed by Judge Dee Benson on 2/14/07. (kla) (Entered: 02/16/2007)
02/20/200768 REPLY TO RESPONSE to Motion by Johnson Matthey PLC re 60 MOTION to Quash Service of Summons on Indictment (Attachments: # 1 Exhibit Letters re service# 2 Exhibit Fax re service)(Rasich, Marc) (Entered: 02/20/2007)
02/26/200769 MEMORANDUM DECISION granting 60 Motion to Quash as to Johnson Matthey PLC (4); Signed by Judge David Nuffer on 02/26/2007. (asp) (Entered: 02/26/2007)
02/26/2007  Terminate Deadlines and Hearings as to Johnson Matthey PLC: arraignment set for 03/01/07 is VACATED. (asp) (Entered: 02/26/2007)
02/26/200770 NOTICE OF HEARING ON MOTION in case as to Johnson Matthey, John David McKelvie, Paul Card Greaves re 34 MOTION to Continue :
Motion Hearing set for Tuesday, 4/17/2007 02:00 PM in Room 477 before Magistrate Judge David Nuffer. (asb) (Entered: 02/26/2007)
02/26/200771 **RESTRICTED DOCUMENT** Summons Returned Executed on 02/19/2007 as to Johnson Matthey PLC (asp) (Entered: 02/27/2007)
04/17/200772 Minute Entry for proceedings held before Judge David Nuffer :
Counsel present for parties. Discussion heard on the motion to continue trial and the status of the state criminal matter. Court instructed Mr. Austin to prepare the proposed order on this proceedings. Court made findings on the record and excluded time from today's date until 9/6/07. Court advised counsel to advise the Court of any dispositive motions filed in the state criminal matter and of any decisions. Court did not set a new trial date until the status conference.
granting 34 Motion to Continue as to Johnson Matthey (1), John David McKelvie (2), Paul Card Greaves (3); Motion Hearing as to Johnson Matthey, John David McKelvie, Paul Card Greaves, Johnson Matthey PLC held on 4/17/2007 re 34 MOTION to Continue filed by Johnson Matthey.
Status Conference set for Wednesday, 9/6/2007 09:00 AM in Room 477 before Magistrate Judge David Nuffer.
Court adjourned.
Written Order to follow oral order: Yes. Attorney for Plaintiff: Andrea Stewart, Richard Lambert, Jared Bennett, Ted Owens, Attorney for Defendant: Spencer Austin, Max Wheeler, Sam Harkness, Michael Jaenish, Lawrence Leigh, Ret'd. Court Reporter: Electronic.(Time Start: 2:28:17, Time End: 3:14:29, Room 477.)(asb) (Entered: 04/17/2007)
04/25/200773 NOTICE of Appeal of Magistrate Minute Entry and Request for Briefing Schedule by USA as to Johnson Matthey, John David McKelvie, Paul Card Greaves, Johnson Matthey PLC re 72 Order on Motion to Continue,,,,,, Motion Hearing,,,,,, Set Pretrial Order Deadlines,,,,, (Steward, Andrea) (Entered: 04/25/2007)
04/26/200774 NOTICE of Submission of Order Granting Def.'s Motion to Continue Trial Date by Johnson Matthey (Attachments: # 1 Exhibit Government's Notice of Appeal# 2 Exhibit Order)(Hobby, Seth) (Entered: 04/26/2007)
04/26/200775 OBJECTIONS to 73 Notice (Other), Notice (Other) by Johnson Matthey (Reyes, Sean) (Entered: 04/26/2007)
04/26/200776  RESPONSE re 75 Objections to Notice of Appeal and Briefing Schedule filed by USA as to Johnson Matthey, John David McKelvie, Paul Card Greaves, Johnson Matthey PLC (Attachments: # 1 Exhibit A)(Steward, Andrea) (Entered: 04/26/2007)
04/27/200777 EXHIBITS from Hearing held 4/17/07 by John David McKelvie re 72 Order on Motion to Continue, Motion Hearing,Set Pretrial Order Deadlines. (Attachments: # 1 Exhibit 2 from Hearing)(kla) (Entered: 04/27/2007)
04/27/200778 MEMORANDUM DECISION and Order Granting Defendants' Motion to Continue Trial Date as to Johnson Matthey, John David McKelvie, Paul Card Greaves, Johnson Matthey PLC. Status Conference set for 9/6/07 at 9:00 a.m. Signed by Judge David Nuffer on 4/27/07. (kla) (Entered: 04/27/2007)
04/30/200779 Defendant's MOTION for Joinder re 75 Objections by John David McKelvie as to Johnson Matthey, John David McKelvie. Motions referred to David Nuffer.(Wheeler, Max) (Entered: 04/30/2007)
05/01/2007  Motions No Longer Referred as to John David McKelvie: 79 MOTION for Joinder. Objections are pending before District Judge.
(DN) (Entered: 05/01/2007)
05/04/200780 NOTICE of Appeal from Magistrate's Order and Request for Briefing Schedule by USA as to Johnson Matthey, John David McKelvie, Paul Card Greaves, Johnson Matthey PLC re 78 Memorandum Decision, (Steward, Andrea) (Entered: 05/04/2007)
05/08/200781 **SEALED DOCUMENT** Summons Re-Issued in case as to Johnson Matthey PLC Initial Appearance set for 5/23/2007 10:00 AM in Room 477 before Magistrate Judge David Nuffer. (asp) (Entered: 05/08/2007)
05/08/200782  RESPONSE re 80 Notice (Other) filed by Johnson Matthey, Johnson Matthey PLC (Attachments: # 1 Exhibit A - Pages from the Hearing Transcript)(Austin, Spencer) (Entered: 05/08/2007)
05/11/200783 **RESTRICTED DOCUMENT** Summons Returned Executed on 05/09/2007 as to Johnson Matthey PLC (asp) (Entered: 05/14/2007)
05/11/200784 **RESTRICTED DOCUMENT** Summons Returned Executed on 05/10/2007 as to Johnson Matthey PLC (asp) (Entered: 05/14/2007)
05/11/200785 **RESTRICTED DOCUMENT** Summons Returned Executed on 05/11/2007 as to Johnson Matthey PLC (asp) (Entered: 05/14/2007)
05/14/200786 NOTICE of Joinder by John David McKelvie as to Johnson Matthey, John David McKelvie re 82 Response (NOT to motion) (Wheeler, Max) (Entered: 05/14/2007)
05/22/200787  BRIEF ON APPEAL OF ORDER GRANTING MOTION TO CONTINUE TRIAL DATE BRIEF re 78 Memorandum Decision, filed by USA as to Johnson Matthey, John David McKelvie, Paul Card Greaves, Johnson Matthey PLC (Attachments: # 1 Exhibit A)(Lambert, Richard) (Entered: 05/22/2007)
05/22/200788 NOTICE FROM THE COURT VACATING ARRAIGNMENT SET 5/23/07 AT 10:00 a.m. in anticipation of Motion to Quash as requested by both parties. (lcl) (Entered: 05/22/2007)
06/11/200789  RESPONSE re 87 Brief on Appeal of Order Granting Motion to Continue filed by Johnson Matthey, John David McKelvie (Austin, Spencer) (Entered: 06/11/2007)
06/26/200790 DOCUMENTS LODGED consisting of Letter from Spencer E. Austin. (asp) (Entered: 06/26/2007)
06/27/200791 NOTICE OF HEARING as to Johnson Matthey, John David McKelvie, Paul Card Greaves, Johnson Matthey PLC (Notice generated by chambers) Miscellaneous Hearing (Argument on appeal) set for 7/16/2007 01:00 PM in Room 246. (reb) (Entered: 06/27/2007)
07/06/200792 Second MOTION to Quash Service of Summons on Indictment by Johnson Matthey PLC. Motions referred to David Nuffer.(Jordan, David) (Entered: 07/06/2007)
07/06/200793  MEMORANDUM in Support by Johnson Matthey PLC re 92 Second MOTION to Quash Service of Summons on Indictment (Attachments: # 1 Exhibit A - Stipulation)(Jordan, David) (Entered: 07/06/2007)
07/08/200794 DOCKET TEXT ORDER taking under advisement 92 Motion to Quash as to Johnson Matthey PLC (4).
IT IS HEREBY ORDERED that any response shall be filed on or before July 18 and any reply on or before July 25.
Signed by Judge David Nuffer on 7/8/07. No attached document. (DN) (Entered: 07/08/2007)
07/11/200795 ***AMENDED***NOTICE OF HEARING Argument on appeal as to Johnson Matthey, John David McKelvie, Paul Card Greaves, Johnson Matthey PLC (Notice generated by chambers)Argument on Appeal Hearing set for 9/13/2007 02:30 PM in Room 246. (reb) (Entered: 07/11/2007)
07/18/200796 RESPONSE to Motion by USA as to Johnson Matthey, John David McKelvie, Paul Card Greaves, Johnson Matthey PLC re 92 Second MOTION to Quash Service of Summons on Indictment on Johnson Matthey PLC (Attachments: # 1 Exhibit Letter on Johnson Matthey PLC Letterhead)(Poole, Richard) (Entered: 07/18/2007)
07/25/200797 REPLY TO RESPONSE to Motion by Johnson Matthey PLC re 92 Second MOTION to Quash Service of Summons on Indictment (Attachments: # 1 Exhibit)(Jordan, David) (Entered: 07/25/2007)
08/02/200798 MEMORANDUM DECISION granting 92 Motion to Quash as to Johnson Matthey PLC (4); as to Johnson Matthey PLC. Signed by Judge David Nuffer on 08/02/2007. (asp) (Entered: 08/02/2007)
08/02/2007  Set/Reset Deadlines/Hearings as to Johnson Matthey, John David McKelvie, Paul Card Greaves, Johnson Matthey PLC: Status Conference reset for 9/4/2007 09:30 AM in Room 477 before Magistrate Judge David Nuffer. (asp) (Entered: 08/02/2007)
08/09/200799 OBJECTIONS to 98 Order on Motion to Quash, Memorandum Decision filed by USA as to Johnson Matthey PLC (Poole, Richard) (Entered: 08/09/2007)
08/20/2007100 AMENDED NOTICE OF HEARING as to Johnson Matthey, John David McKelvie, Paul Card Greaves, Johnson Matthey PLC
Status Report and Scheduling Conference reset for Monday, 10/15/2007 10:00 AM in Room 477 before Magistrate Judge David Nuffer.
The previously set date of 9/4/07 at 9:30 a.m. is VACATED.(asb) (Entered: 08/20/2007)
08/27/2007101 Consent MOTION for Extension of Time to File Response/Reply as to 99 Objections by Johnson Matthey PLC. (Attachments: # 1 Text of Proposed Order) Motions referred to David Nuffer.(Rasich, Marc) (Entered: 08/27/2007)
08/28/2007  Motions No Longer Referred as to Johnson Matthey, John David McKelvie, Paul Card Greaves, Johnson Matthey PLC: 101 Consent MOTION for Extension of Time to File Response/Reply as to 99 Objections (asb) (Entered: 08/28/2007)
08/29/2007102 ORDER granting 101 Motion for Extension of Time to File Response/Reply as to Johnson Matthey PLC (4). Signed by Judge Dee Benson on 08/28/2007. (asp) (Entered: 08/29/2007)
09/07/2007103 NOTICE of VACATING. THE HEARING SCHEDULED FOR 09/13/2007 at 2:30 PM is VACATED csnl will contact the court to set up new hearing date. (reb) (Entered: 09/07/2007)
09/10/2007104 Defendant's RESPONSE re 99 Objections to Order on Motion to Quash filed by Johnson Matthey PLC (Attachments: # 1 Exhibit Memorandum Decision and Order)(Jordan, David) (Entered: 09/10/2007)
09/11/2007105 ***AMENDED***NOTICE OF HEARING as to Johnson Matthey, John David McKelvie, Paul Card Greaves, Johnson Matthey PLC (Notice generated by chambers)Argument on appeal as to Johnson Matthey, John David McKelvie, Paul Card Greaves, Johnson Matthey PLC (Notice generated by chambers)Argument on Appeal Hearing set for 11/7/2007 at 2:30 p.m.in Room 246. (reb) (Entered: 07/11/2007) (Entered: 09/11/2007)
09/13/2007106  MOTION for Admission Pro Hac Vice of P. David Richardson Registration fee $ 15, receipt number 568757. by Johnson Matthey PLC. (Attachments: # 1 Exhibit Application for Admission# 2 Exhibit ECF Registration Form# 3 Text of Proposed Order)(Jordan, David) (Entered: 09/13/2007)
09/13/2007107  MOTION for Admission Pro Hac Vice of Frank R. Volpe Registration fee $ 15, receipt number 568776. by Johnson Matthey PLC. (Attachments: # 1 Exhibit Application for Admission Pro Hac Vice# 2 Exhibit ECF Registration Form# 3 Text of Proposed Order)(Jordan, David) (Entered: 09/13/2007)
09/17/2007108 First RESPONSE To Defendant's Response to Objection by United States to Order Quashing Summons filed by USA as to Johnson Matthey PLC (Poole, Richard) (Entered: 09/17/2007)
09/18/2007109 ORDER granting 106 Motion for Admission Pro Hac Vice of Attorney P. David Richardson for Johnson Matthey PLC.
Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov
as to Johnson Matthey PLC (4). Signed by Judge Dee Benson on 09/17/07. (rlr) (Entered: 09/18/2007)
09/18/2007110 ORDER granting 107 Motion for Admission Pro Hac Vice of Attorney Frank R. Volpe for Johnson Matthey PLC.
Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov
as to Johnson Matthey PLC (4). Signed by Judge Dee Benson on 09/17/07. (rlr) (Entered: 09/18/2007)
10/09/2007111 AMENDED NOTICE OF HEARING as to Johnson Matthey, John David McKelvie, Paul Card Greaves, Johnson Matthey PLC
Status Report and Scheduling Conference reset for Wednesday, 11/28/2007 10:00 AM in Room 477 before Magistrate Judge David Nuffer. (moved from Monday, Oct. 15, 2007 at 10:00 a.m.)(asb) (Entered: 10/09/2007)
10/18/2007112 **SEALED DOCUMENT** Summons Returned Unexecuted in case as to Johnson Matthey PLC. NOTE: summons was originally issued 12/13/06 and then re-issued on 1/5/07 (entry 52) and executed on 1/5/07 55 , 1/11/07 56 and 1/12/07 57 . The summons was then re-issued 2/8/07 (entry 65) per request of US Attorney and then executed on 2/19/07. It was then re-issued on 5/8/07, entry 81 and executed on 5/9/07 83 , 5/10/07 84 , 5/11/07 85 . (ce) (Entered: 10/18/2007)
10/26/2007113 **RESTRICTED DOCUMENT** TRANSCRIPT of Proceedings as to Johnson Matthey, John David McKelvie, Paul Card Greaves, Johnson Matthey PLC held on April 17, 2007-Motion Hearing(Electronically Recorded) before Judge David O. Nuffer. Court Reporter: Rossann J. Morgan, RPR, Inc. (jmr) (Entered: 10/26/2007)
10/26/2007114 DOCKET TEXT ORDER as to Johnson Matthey, John David McKelvie, Paul Card Greaves, Johnson Matthey PLC re 113 Transcript, 72 Order on Motion to Continue, Motion Hearing.
The court is aware of a dispute regarding the transcript of the hearing held April 17, 2007 [docket no. 113] See also minute entry docket no. 72 . The reporter advised the court that a party believes the transcription on line 11, page 29, (at 28:45 of the audio record) which now reads "although Central's Counts 2 through 13 and material for" should read "although central to Counts 2 through 13 and material for."
On or before November 2, 2007, any party may submit a brief letter to the court explaining its position on this issue.Signed by Judge David Nuffer on 10/26/07. (asb) (Entered: 10/26/2007)
11/02/2007115 NOTICE of Non-opposition To Transcript Change (DKT 114) by USA as to Johnson Matthey, John David McKelvie, Paul Card Greaves, Johnson Matthey PLC (Poole, Richard) (Entered: 11/02/2007)
11/06/2007116 DOCKET TEXT ORDER as to Johnson Matthey, John David McKelvie, Paul Card Greaves, Johnson Matthey PLC re 113 Transcript
In docket no 114 the court advised the parties of a dispute regarding the transcript of the hearing held April 17, 2007 (docket no. 113 ). See also minute entry docket no. 72 . The dispute centered around the transcription on line 11, page 29, (at 28:45 of the audio record) which reads "although Central's Counts 2 through 13 and material for" in the transcript. The court permitted the parties to respond to this issue (see docket no. 115 , and has now reviewed the audio record.
IT IS HEREBY ORDERED that the April 17, 2007, hearing transcription on line 11, page 29, (at 28:45 of the audio record) which now reads "although Central's Counts 2 through 13 and material for... " shall be modified to read "although central to Counts 2 through 13 and material for... ". Signed by Judge David Nuffer on 11/6/07. (asb) (Entered: 11/06/2007)
11/06/2007117 ***AMENDED***NOTICE OF HEARING as to Johnson Matthey, John David McKelvie, Paul Card Greaves, Johnson Matthey PLC (Notice generated by chambers)Argument on appeal as to Johnson Matthey, John David McKelvie, Paul Card Greaves, Johnson Matthey PLC (Notice generated by chambers)Argument on Appeal Hearing RESET for 12/13/2007 at 3:30 p.m.in Room 246. (reb) (Entered: 07/11/2007) (Entered: 09/11/2007)(Notice generated by chambers) Miscellaneous Hearing set for 12/13/2007 03:30 PM in Room 246. (reb) (Entered: 11/06/2007)
11/20/2007118 AMENDED NOTICE OF HEARING as to Johnson Matthey, John David McKelvie, Paul Card Greaves, Johnson Matthey PLC
Status Report and Scheduling Conference reset for Wednesday, 2/13/2008 01:30 PM in Room 477 before Magistrate Judge David Nuffer. (moved from Wed. 11/28/07 at 10:00 a.m.)(asb) (Entered: 11/20/2007)
12/03/2007119 ***AMENDED***NOTICE OF HEARING as to Johnson Matthey, John David McKelvie, Paul Card Greaves, Johnson Matthey PLC Argument on appeal as to Johnson Matthey, John David McKelvie, Paul Card Greaves, Johnson Matthey PLC (Notice generated by chambers)Argument on Appeal Miscellaneous Hearing set for 2/7/2008 02:00 PM in Room 246. (reb) (Entered: 12/03/2007)
01/03/2008120 AMENDED NOTICE OF HEARING as to Johnson Matthey, John David McKelvie, Paul Card Greaves, Johnson Matthey PLC
Status Report and Scheduling Conference reset for Wednesday, 2/27/2008 11:00 AM in Room 477 before Magistrate Judge David Nuffer. (moved from 2/13/08 at 1:30 p.m. before Judge Nuffer)(asb) (Entered: 01/03/2008)
02/07/2008121 Minute Entry for proceedings held before Judge Dee Benson: After arguments were heard and discussion held, Court ruled: The Court will cont the 4 week jury trial date until 11/3/2008 at 8:30 a.m. Cnsl to contact Judge Nuffers Chambers and set a status conference for 4/15/2008. On the Review of the Magistrates Decision the Court ruled: Upholding the Magistrates Decision to Quash. Court made findings on the record. Cnsl to prepare the order. Miscellaneous Hearing as to Johnson Matthey, John David McKelvie, Paul Card Greaves, Johnson Matthey PLC held on 2/7/2008 Attorney for Plaintiff: Richard Lambert and Richard Poole, Attorney for Defendant: Lawrence Leigh, Marc Rasich, David P. Richardson and Sam Harkness. Court Reporter: Ed Young. (reb) (Entered: 02/13/2008)
02/13/2008122 NOTICE OF HEARING as to Johnson Matthey, John David McKelvie, Paul Card Greaves, Johnson Matthey PLC (Notice generated by chambers) 4 Week Jury Trial set for 11/3/2008 08:30 AM in Room 246 before Judge Dee Benson. (reb) (Entered: 02/13/2008)
02/14/2008123 ORDER TO CONTINUE - Ends of Justice as to Johnson Matthey, John David McKelvie, Paul Card Greaves, Johnson Matthey PLC. The United States Magistrate will hold a status conference on or about 4/15/2008 at an exact time and date to be set by the United States Magistrate. A jury trial is scheduled for 11/3/2008 at 8:30 am. Time excluded from 2/8/2008 until 11/3/2008 pursuant to the Speedy Trial Act. Signed by Judge Dee Benson on 2/14/2008. (rlr) (Entered: 02/14/2008)
02/15/2008124 2ND AMENDED NOTICE OF HEARING as to Johnson Matthey, John David McKelvie, Paul Card Greaves, Johnson Matthey PLC
Status Report and Scheduling Conference reset for Monday, 4/14/2008 09:30 AM in Room 477 before Magistrate Judge David Nuffer. (moved from 2/27/08 at 11:00 a.m. before Judge Nuffer. The 2/27/08 hearing is vacated and reset).(asb) (Entered: 02/15/2008)
02/19/2008125 ORDER as to Johnson Matthey PLC re 99 Objections filed by USA. The Objection of the United States is OVERRULED. If the United States attempts in good faith, but is unable to serve the Summons and Indictment on Johnson Matthew Plc by a method that is an alternative to Rule 4 of Federal Rules of Criminal Procedure, the United States may renew its Objection before the Court. Signed by Judge Dee Benson on 2/19/2008. (rlr) (Entered: 02/19/2008)
04/14/2008126 Minute Entry for proceedings held before Magistrate Judge David Nuffer: Status Conference as to Johnson Matthey, John David McKelvie, Paul Card Greaves, Johnson Matthey PLC held on 4/14/2008, Scheduling Conference as to Johnson Matthey, John David McKelvie, Paul Card Greaves, Johnson Matthey PLC held on 4/14/2008
Counsel present for parties. Mr. Lambert addressed the Court as to the status and possible resolution for all defendants. The details are continuing to be worked out between the government and defense counsel. Court set the matter for further status and scheduling conference. Status & scheduling Conference set for 6/12/2008 01:30 PM in Room 477 before Magistrate Judge David Nuffer.
Court adjourned.
Attorney for Plaintiff: Richard Lambert & Jared Bennett, Attorney for Defendant: Spencer Austin, Max Wheeler & Sam Harkness, Ret. Court Reporter: Electronic.(Time Start: 9:34:35, Time End: 9:39:15, Room 477.) (asb) (Entered: 04/14/2008)
06/12/2008127 Minute Entry for proceedings held before Magistrate Judge David Nuffer:
Counsel present for parties. Mr. Austin informed the Court that they have reached settlements as to all defendants. Counsel will contact Judge Benson's chambers to set the matter for change of plea proceedings. Court adjourned.
Status Conference as to Johnson Matthey, John David McKelvie, Paul Card Greaves, Johnson Matthey PLC held on 6/12/2008, Scheduling Conference as to Johnson Matthey, John David McKelvie, Paul Card Greaves, Johnson Matthey PLC held on 6/12/2008 Attorney for Plaintiff: Richard Lambert & Ronald Sutcliffe, Attorney for Defendant: Spence Austin, Sam Harkness, Michael Jaenish. Court Reporter: Electronic.(Time Start: 1:37:06, Time End: 1:38:56, Room 477.) (asb) (Entered: 06/12/2008)
06/16/2008128 NOTICE OF HEARING as to Johnson Matthey, John David McKelvie, Paul Card Greaves (Notice generated by chambers) Plea and Sentence set for 3/3/2008 02:00 PM in Room 246 before Judge Dee Benson. (reb) (Entered: 06/16/2008)
06/16/2008129 ***FIRST AMENDED***NOTICE OF HEARING as to Johnson Matthey, John David McKelvie, Paul Card Greaves (Notice generated by chambers) Plea and Sentence set for 9/3/2008 02:00 PM in Room 246 before Judge Dee Benson. (reb) (Entered: 06/16/2008)
09/03/2008130 Minute Entry for proceedings held before Judge Dee Benson: Plea and Sentence Hearing held on 9/3/2008 for John David McKelvie and Paul Card Greaves. Defendants present and on release conditions. Defendants sworn and answer questions posed by the Court to comply with Rule 11 of the FRCrP. Statement in advance of Plea of Guilty reviewed, executed and filed in open court. Defendants enter a Plea of GUILTY to Count 22 of the Superceding Indictment. Court finds there is a factual basis for the pleas and accepts the pleas as being knowingly, intelligently and voluntarily made. The parties wish to proceed to sentencing. Statements made by counsel and defendants. Court adjudges sentence as to Count 22s: Twelve months unsupervised probation. Fine of $1000. Twenty hours of community service as directed by the USPO. Passports shall be returned to the defendants. John David McKelvie (2) Plea of guilty and sentencing on Count 22s and Paul Card Greaves (3) Plea of guilty and sentencing on Count 22s John David McKelvie (2) Dismissed counts Count 1s,3s-13s,17s-21s,23s and Paul Card Greaves (3) Dismissed counts Count 1s,2s-13s,14s-21s,23s,24s-26s,27s-29s. Attorney for Plaintiff: Ronald Sutcliffe, Richard Lambert, Jared Bennett, Attorney for Defendant: Michael Jaenish, cja, for Mr. Greaves, Max Wheeler, ret., for Mr. McKelvie. Probation Officer: Valli Kelly. Court Reporter: Ed Young. (yre) (Entered: 09/04/2008)
09/03/2008131 STATEMENT IN ADVANCE OF PLEA as to John David McKelvie (yre) (Entered: 09/04/2008)
09/03/2008132 STATEMENT IN ADVANCE OF PLEA as to Paul Card Greaves (yre) (yre). (Entered: 09/04/2008)
09/03/2008133 Minute Entry for proceedings held before Judge Dee Benson: Change of Plea Hearing as to Johnson Matthey, Inc. held on 9/3/2008. The Board of Directors submitted a statement giving Mr. Austin the authority to waive the formal filing of an indictment and plead guilty. An information was filed immediately before the hearing. The court finds that no formal waiver of indictment is necessary, however, counsel for defendant waived the filing of an indictment on the record. The company enters a guilty plea to the Information and requests 75 days for sentencing. Sentencing set for 12/2/2008 02:30 PM in Room 246 before Judge Dee Benson. Attorney for Plaintiff: Ronald Sutcliffe, Richard Lambert, Jared Bennett, Attorney for Defendant: Spencer Austin, retained. Probation Officer: Valli Kelly. Court Reporter: Ed Young. (yre) Modified on 9/4/2008 to add "Inc."(yre). (Entered: 09/04/2008)
09/03/2008134  MOTION for Leave to File Dismissal per Rule 48(a) by USA as to John David McKelvie, Paul Card Greaves. (rlr) (Entered: 09/04/2008)
09/03/2008135 ORDER granting 134 Motion for Leave to File Dismissal as to John David McKelvie (2), Paul Card Greaves (3). Counts 1, 3-13, 17-21 and 23 as to defendant McKelvie are dismissed. Counts 1-21 and 23-29 as to defendant Greaves are dismissed. Signed by Judge Dee Benson on 9/3/2008. (rlr) (Entered: 09/04/2008)
09/03/2008136 NOTICE OF FILING DISMISSAL of Certain Counts of the Indictment filed by USA as to John David McKelvie, Paul Card Greaves (rlr) (Entered: 09/04/2008)
09/03/2008137 ENTERED FOR THE INCORRECT DEFENDANT. Should be Johnson Matthey Inc.

FELONY INFORMATION as to Johnson Matthey PLC (4) count(s) 1s. Assigned to Judge Dee Benson (rlr) Modified on 9/5/2008 (ce). (Entered: 09/04/2008)
09/03/2008138 ENTRY ERROR - Incorrect Defendant Chosen. Should be Johnson Matthey Inc.

NOTICE OF FILING of Stipulation of Facts filed by USA as to Johnson Matthey PLC (rlr) Modified on 9/5/2008 (ce). (Entered: 09/04/2008)
09/03/2008143 SUPERSEDING FELONY INFORMATION as to Johnson Matthey Inc (1) count(s) 1ss. Assigned to Judge Dee Benson (ce) (Entered: 09/05/2008)
09/03/2008144 NOTICE of Stipulation of Facts by USA as to Johnson Matthey Inc. (ce) (Entered: 09/05/2008)
09/03/2008  NAME CORRECTION as to Johnson Matthey Inc. Original Name: Johnson Matthey. Corrected Name: Johnson Matthey Inc. (ce) (Entered: 09/05/2008)
09/03/2008148 STATEMENT IN ADVANCE OF PLEA as to Johnson Matthey Inc (rlr) (Entered: 09/08/2008)
09/05/2008139 JUDGMENT as to John David McKelvie (2), Count(s) 1, 14-23, 2-13: Moot per filing of Superseding Indictment; Count(s) 17s-21s, 1s, 23s, 3s-13s: Dismissed on government motion; Count(s) 22s: Twelve months unsupervised probation. Fine of $1000. Twenty hours of community service as directed by the USPO. $100 SPA. Signed by Judge Dee Benson on 9/4/08. (ce) (Entered: 09/05/2008)
09/05/2008141 JUDGMENT as to Paul Card Greaves (3), Count(s) 1, 14-23, 2-13, 24-26, 27-29: Moot per filing of Superseding Indictment; Count(s) 14s-21s, 1s, 23s, 24s-26s, 27s-29s, 2s-13s: Dismissed on government motion; Count(s) 22s: Twelve months unsupervised probation. Fine of $500. Twenty hours of community service as directed by the USPO. $100 SPA. Signed by Judge Dee Benson on 9/4/08. (ce) (Entered: 09/05/2008)
09/05/2008145 MODIFICATION OF DOCKET as to Johnson Matthey Inc re 143 Information - Felony and 144 Notice of Stipulation of Facts as to defendant Johnson Matthey Inc. ERROR: The Felony Information and the Stipulation of Facts was inadvertantly entered for defendant Johnson Matthey PLC. CORRECTION: The above documents have now been entered for defendant Johnson Matthey Inc. Also, defendant Johnson Matthey has been changed to Johnson Matthey Inc. (ce) (Entered: 09/05/2008)
09/08/2008146 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Johnson Matthey Inc, John David McKelvie, Paul Card Greaves, Johnson Matthey PLC held on September 3, 2008-Changes of Plea and Sentencings before Judge Dee Benson. Court Reporter/Transcriber Ed Young, Telephone number (801) 328-3202.

NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below.

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 9/29/2008. Redacted Transcript Deadline set for 10/9/2008. Release of Transcript Restriction set for 12/8/2008. (jmr) Modified on 12/8/2008 - removed restricted text (rak). (Entered: 09/08/2008)
11/04/2008149 ORDER to Release Passports as to John David McKelvie, Paul Card Greaves. Signed by Judge Dee Benson on 11/4/2008. (rlr) (Entered: 11/04/2008)
11/24/2008150 Government's Position with Respect to Sentencing Factors as to Johnson Matthey Inc (Bennett, Jared) (Entered: 11/24/2008)
12/02/2008151 Minute Entry for proceedings held before Judge Dee Benson: Dft (Johnson Matthey, Inc.) present with cnsl. Stmts made by cnsl, dft & Govt. Crt Adjudges:Sentence:Dft (Johnson Matthey, Inc.) placed on probation 36 months. Special condition: 1. The defendant shall comply with all rules and regulations as outlined in tis license to do business and comply with any and all restrictions imposed thereon. Fine in the amount of $2,250,000.00 is due immediately. Restitution in the amount of $750,000.00 is due and payable to: National Fish and Wildlife Foundation; Attn: Robert Menzi, CFO, 1133 15th Street, NW, Suite 1100, Washington, DC., 2005. Taxpayer ID#521384139, RE: Johnson Matthey, Inc., Docket Number: 2:06-cr-000169-001 DB. Special assessment fee of $400.00, payable forthwith. Sentencing held on 12/2/2008 for Johnson Matthey Inc (1), Count(s) 1, 14-23, 14s-23s, 1s, 2-13, 24-26, 24s-26s, 27-29, 27s-29s, 2s-13s, Dismissed per Govt.; Count(s) 1ss, Probation 36 months. Fine $2,250,000.00, Restitution $750,000.00. SPA $400.00. Attorney for Plaintiff: Jared Bennett, Richard Lambert, Ted Owens, Attorney for Defendant: Spence Austin. Court Reporter: Ed Young. (reb) (Entered: 12/02/2008)
12/03/2008152 JUDGMENT as to Johnson Matthey Inc (1), Count(s) 1, 14-23, 14s-23s, 1s, 2-13, 24-26, 24s-26s, 27-29, 27s-29s, 2s-13s, Dismissed per Govt.; Count(s) 1ss, Probation 36 months. Fine $2,250,000.00, Restitution $750,000.00. SPA $400.00. Signed by Judge Dee Benson on 12/2/08. (jwt) (Entered: 12/03/2008)
01/23/2009154  MOTION to Amend/Correct 152 Judgment, by USA as to Johnson Matthey Inc. (Bennett, Jared) (Entered: 01/23/2009)
01/29/2009155 AMENDED JUDGMENT as to Johnson Matthey Inc (1), Count(s) 1, 14-23, 14s-23s, 1s, 2-13, 24-26, 24s-26s, 27-29, 27s-29s, 2s-13s, Dismissed per Govt.; Count(s) 1ss, Probation 36 months. Fine $2,250,000.00, Restitution $750,000.00. SPA $400.00. Signed by Judge Dee Benson on 1/29/2009. (rlr) (Entered: 01/29/2009)
06/10/2010156 Defendant's MOTION for Early Termination of Probation for Johnson Matthey Inc (1) Count 1ss by Johnson Matthey Inc as to Johnson Matthey Inc, John David McKelvie, Paul Card Greaves, Johnson Matthey PLC. (Austin, Spencer) (Entered: 06/10/2010)
06/10/2010157 Defendant's MEMORANDUM in Support by Johnson Matthey Inc as to Johnson Matthey Inc, John David McKelvie, Paul Card Greaves, Johnson Matthey PLC re 156 Defendant's MOTION for Early Termination of Probation for Johnson Matthey Inc (1) Count 1ss (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Austin, Spencer) (Entered: 06/10/2010)
06/10/2010158 NOTICE of The United States' Stipulation to Johnson Matthey, Inc.'s Motion for Early Termination of Probation by Johnson Matthey Inc as to Johnson Matthey Inc, John David McKelvie, Paul Card Greaves, Johnson Matthey PLC re 156 Defendant's MOTION for Early Termination of Probation for Johnson Matthey Inc (1) Count 1ss (Austin, Spencer) (Entered: 06/10/2010)
06/14/2010159 ORDER granting 156 Motion for Early Termination of Probation as to Johnson Matthey Inc (1). Signed by Judge Dee Benson on 06/14/2010. (asp) (Entered: 06/15/2010)
04/06/2012  Case as to Johnson Matthey Inc, John David McKelvie, Paul Card Greaves, Johnson Matthey PLC no longer referred to Magistrate Judge David Nuffer (MJ). (reb) (Entered: 04/06/2012)