| 3DIV, CLOSED, INFO |
Case title: USA v. Katun Corporation |
Date Filed: 01/14/2004 Date Terminated: 02/06/2004 |
Special Master |
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| Lisa Kuca | represented by | Lisa Kuca
Holland & Knight 1600 Tysons Boulevard Suite 700 McLean, VI 22102 703-720-8600 Fax: 703-720-8610 PRO SE |
| Assigned to: Senior Judge Paul A. Magnuson | ||
Defendant (1) |
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Katun Corporation
TERMINATED: 02/06/2004 |
represented by | Christopher W Madel
Robins Kaplan Miller & Ciresi LLP 800 LaSalle Ave Ste 2800 Mpls, MN 55402-2015 612-349-8500 Fax: 612-339-4181 Email: cwmadel@rkmc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained |
Pending Counts |
Disposition |
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| 18:1030(a)(2)(C), 1030(c)(2)(B)(i), and 2 FRAUD AND RELATED ACTIVITY IN CONNECTION WITH COMPUTERS (1-6) |
Deft shall pay a fine of $5 million dollars, (paid in full on 2/6/04, receipt # 272326), to be held in escrow until further order of the Court; deft is placed on probation commencing on the date of this Order and ending two years after cert ain conditions (see Stipulation and Order of Sentence for conditions); deft is ordered to pay full restitution to the victims of the offenses specified in the Information; within 60 days from the date of this Order, deft shall tender $6 million to the Clerk of Court to be available for restitution payments; $4,800.00 spec assmt, paid in full on 2/6/04, receipt # 144090 | |
| 18:1341 and 2 MAIL FRAUD (7-8) |
Deft shall pay a fine of $5 million dollars, (paid in full on 2/6/04, receipt # 272326), to be held in escrow until further order of the Court; deft is placed on probation commencing on the date of this Order and ending two years after cert ain conditions (see Stipulation and Order of Sentence for conditions); deft is ordered to pay full restitution to the victims of the offenses specified in the Information; within 60 days from the date of this Order, deft shall tender $6 million to the Clerk of Court to be available for restitution payments; $4,800.00 spec assmt, paid in full on 2/6/04, receipt # 144090 | |
| 18:1343 and 2 WIRE FRAUD (9-12) |
Deft shall pay a fine of $5 million dollars, (paid in full on 2/6/04, receipt # 272326), to be held in escrow until further order of the Court; deft is placed on probation commencing on the date of this Order and ending two years after cert ain conditions (see Stipulation and Order of Sentence for conditions); deft is ordered to pay full restitution to the victims of the offenses specified in the Information; within 60 days from the date of this Order, deft shall tender $6 million to the Clerk of Court to be available for restitution payments; $4,800.00 spec assmt, paid in full on 2/6/04, receipt # 144090 | |
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 |
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| None |
Plaintiff |
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| United States of America | represented by | Henry J Shea , III
University of St Thomas, School of Law 1000 LaSalle Ave Mail MSL 400 Mpls, MN 55403 651-962-4867 Email: hjshea@stthomas.edu LEAD ATTORNEY ATTORNEY TO BE NOTICED Nicole A Engisch United States Attorney's Office 300 S 4th St Ste 600 Mpls, MN 55415 (612) 664-5600 Email: nicole.engisch@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 01/14/2004 | 1 | FELONY INFORMATION ASSIGNED TO JUDGE RICHARD H KYLE by USA Henry Joseph Shea III charging Katun Corporation (1) with counts 1-6, 7-8, 9-12, forfeiture allegation as to counts 1-6. 16pgs (LEG) Modified on 01/15/2004 (Entered: 01/14/2004) |
| 01/15/2004 | SUMMONS issued as to Katun Corporation, deft to appear on 1/16/04 at 10:30 a.m. before RHK. (LEG) (Entered: 01/15/2004) | |
| 01/16/2004 | 2 | DISQUALIFICATION AND ORDER FOR REASSIGNMENT (Judge Richard H. Kyle / date signed 1/16/04) that pursuant to this Court's Assignment of Cases Order dated 2/10/03, the above-captioned action shall be resubmitted to the Clerk of Court for reassignment. IT IS FURTHER ORDERED, that a copy of this Order shall be filed in the above-captioned case case reassigned to to Judge Michael J. Davis (cc: all counsel). 1pg (LEG) (Entered: 01/16/2004) |
| 01/16/2004 | 3 | ORDER OF DIRECTION TO THE CLERK OF COURT FOR ASSIGNMENT OF RELATED CASES (Judge Paul A. Magnuson date signed 1/16/04 and Judge Michael J. Davis date signed 1/16/04) Criminal Case 04-18 PAM having been assigned to Judge Paul A. Magnuson and Criminal Case 04-25 MJD later having been assigned to Judge Michael J. Davis and said matters being related cases, IT IS HEREBY ORDERED that Criminal Case # 04-25 MJD be assigned to Judge Paul A. Magnuson, nunc pro tunc, by use of a space on the Master Criminal Assignment List. IT IS FURTHER ORDERED pursuant to this Court's Assignment of Cases Order filed 2/27/04, the Clerk of Court shall reuse an assignmenet space on the Master Criminal Assignmnet List (cc: all counsel). 1pg (LEG) Modified on 01/20/2004 (Entered: 01/20/2004) |
| 01/28/2004 | 4 | SUMMONS executed upon Katun Corporation (Chris Madel) on 1/15/04 2pgs (BLW (Entered: 01/29/2004) |
| 02/06/2004 | 5 | MINUTES: before Senior Judge Paul A. Magnuson first appearance of Katun Corporation, Authorized representative for Katun Corporation, Danile Olszewski sworn; deft arraigned; Katun Corporation enters guilty plea to the twelve-count information, Deft waives right to PSI and proceeds to sentencing. SENTENCING: Katun Corporation (1) to counts 1-12. Deft shall pay a fine of $5 million dollars, (paid in full on 2/6/04, receipt # 272326), to be held in escrow until further order of the Court; deft is placed on probation commencing on the date of this Order and ending two years after certain conditions (see Stipulation and Order of Sentence for conditions); deft is ordered to pay full restitution to the victims of the offenses specified the Information; 60 days from the date of this Order, deft shall tender $6 million to the Clerk of Court to be available for restitution payments; $4,800.00 spec assmt, paid in full on 2/6/04, receipt # 144090 Court Reporter: Ron Moen. 2pgs (LEG) Modified on 02/09/2004 (Entered: 02/09/2004) |
| 02/06/2004 | 6 | STIPULATION AND ORDER OF SENTENCE by Senior Judge Paul A. Magnuson date signed 2/4/04 by PAM, AUSA & Christopher W. Madel, counsel for deft. LET JUDGMENT BE ENTERED ACCORDINGLY (certified copies dist'd). 4pgs (LEG) Modified on 02/09/2004 (Entered: 02/09/2004) |
| 02/06/2004 | 7 | WAIVER OF INDICTMENT by defendant Katun Corporation. 1pg (LEG) (Entered: 02/09/2004) |
| 02/06/2004 | 8 | PLEA AGREEMENT AND SENTENCING STIPULATIONS as to Katun Corporation. 10pgs (LEG) (Entered: 02/09/2004) |
| 02/06/2004 | 9 | JUDGMENT ENTERED as to defendant Katun Corporation Re: minutes of sentencing document # 5. 3pg (LEG) (Entered: 02/09/2004) |
| 02/06/2004 | 10 | RECEIPT as to Katun Corporation in the amount of $5,000,000.00 receipt number 272326. 1pg (LEG) (Entered: 02/09/2004) |
| 02/09/2004 | 11 | RECEIPT as to defendant Katun Corporation in the amount of $4,800.00 receipt number 144090. 1pg (LEG) (Entered: 02/09/2004) |
| 02/17/2004 | 12 | TRANSCRIPT of first appearance, arraignment, change of plea and sentencing proceedings as to Katun Corporation held on 2/6/04 before Judge Senior Judge Paul A. Magnuson. Court Reporter: Ronald Moen. 51pgs (LEG) (Entered: 02/18/2004) |
| 04/01/2004 | 13 | STIPULATION AND ORDER as to Katun Corp (re: OEM and Airline Restitution, i.e. Counts 1-6 and 9-12 of the Information). To the extent that this stipulation and order contradicts this court's 2/6/04 stipulation and order of sentence, this stipulation and order supersedes this court's 2/6/04 stipulation and order of sentence. As to its obligation to pay restitution to victims of its computer-fraud violations, Katun shall pay $4,000,000.00 directly to the OEM's on or before 4/6/04. As to its full and complete obligation to pay restitution to victims of its travel-related violations, Katun shall pay $369,919.67 directly to the airlines on or before 4/6/04. Other restitution and compliance matters shall be addressed by the parties and submitted to the court on or before 4/30/04. Katun shall provide the PO with evidence that it made restitution payments and that each victim received these payments.. Signed by Judge Paul A Magnuson on 4/1/04. (cc: counsel, PT, PO, FLU, FSD, Deb Kapinos, ER) 5 pages (PJS) (Entered: 04/02/2004) |
| 05/20/2004 | 14 | STIPULATION Re: Restitution Relating to Write-Offs of Unused Customer Credits, i.e., Counts 7 and 8 of the Information; Satisfaction of All Restitution Obligations; Katun's Corporate-Compliance Program; Appointment of Special Master (Attachments: # 1 Exhibit 1)(Madel, Christopher) Modified on 5/20/2004 (LG). (Entered: 05/20/2004) |
| 06/09/2004 | 15 | ORDER re: Restitution Relating to Write-offs of Unused Customer Credits, i.e., Counts 7 and 8 of the Information; Satifaction of All Restitution Obligations; Katun's Corporate-Compliance Program; Appointment of Special Master. This Order supersedes 6 Stipulation and Order of Sentence dated February 6, 2004, to the extent this Order contradicts the February 6, 2004 Stipulation.. Signed by Judge Paul A Magnuson on June 7, 2004. (lmz) (Entered: 06/09/2004) |
| 06/14/2004 | 16 | SATISFACTION OF JUDGMENT by United States of America (Trippler, Mary) (Entered: 06/14/2004) |
| 06/17/2004 | 33 | RECEIPT number 144938 in the amount of $454,404.17, for non-government restitution issued to Katun Corporation. (LEG) (Entered: 08/24/2004) |
| 06/18/2004 | 17 | MOTION REGARDING UNUSED CUSTOMER CREDITS re 15 Order, by Katun Corporation. (Madel, Christopher) (Entered: 06/18/2004) |
| 06/18/2004 | 18 | MEMORANDUM in Support by Katun Corporation re 15 Order, (Madel, Christopher) (Entered: 06/18/2004) |
| 06/18/2004 | 19 | DECLARATION of Marc W. Courey re 1 Exhibit A)(Madel, Christopher) Modified on 6/18/2004. (Entered: 06/18/2004) |
| 06/18/2004 | 20 | DECLARATION of Brad Kimarck re 15 Order, () (Madel, Christopher) Modified on 6/18/2004. (Entered: 06/18/2004) |
| 06/18/2004 | 21 | DECLARATION of Greg Enderle re 15 Order, (Madel, Christopher) Modified on 6/18/2004. (Entered: 06/18/2004) |
| 06/18/2004 | 22 | DECLARATION of Christopher W. Madel re 8 Certificate of Service)(Madel, Christopher) Modified on 6/18/2004. (Entered: 06/18/2004) |
| 06/18/2004 | 23 | Certificate of Service by Katun Corporation re 15 Order, PROPOSED ORDER.(Madel, Christopher) (Entered: 06/18/2004) |
| 06/25/2004 | 24 | RESPONSE in Opposition by United States of America as to Katun Corporation re 13 Certificate of Service)(Engisch, Nicole) (Entered: 06/25/2004) |
| 07/02/2004 | 25 | REPLY TO RESPONSE to Motion by Katun Corporation re 15 Order, (Safranski, Stephen) (Entered: 07/02/2004) |
| 07/02/2004 | 26 | DECLARATION of Jeffrey M. Bryan re 1 Exhibit A) Modified on 7/2/2004 (Gilgenbach, Leah). Modified on 7/28/2004 (Gilgenbach, Leah). (Entered: 07/02/2004) |
| 07/02/2004 | 27 | Certificate of Service by Katun Corporation re 26 Declaration of Jeffrey M. Bryan.(Safranski, Stephen) (Entered: 07/02/2004) |
| 07/16/2004 | 28 | Letter from the United States (Henry J. Shea, AUSA and Nicole A. Engisch, AUSA) (Attachments: #(1) #(2) Certificate of Service)(Shea, Henry) Modified on 7/16/2004. (Entered: 07/16/2004) |
| 07/19/2004 | 29 | STIPULATION re 2 Certificate of Service Certificate of Service)(Madel, Christopher) (Entered: 07/19/2004) |
| 07/19/2004 | 30 | NOTICE OF ATTORNEY APPEARANCE/SUBSTITUTION for USA (Attachments: # 1 Certificate of Service)(Engisch, Nicole) (Entered: 07/19/2004) |
| 07/19/2004 | Attorney Nicole A Engisch for USA added. Per phone call from USAtty's office, both Shea and Engisch represent govt. (PJS) (Entered: 07/19/2004) | |
| 07/19/2004 | 31 | ORDER denying 17 Defendant's Motion as to its proposed policy regarding the disposition of unused-customer credits. Signed by Judge Paul A Magnuson on July 19, 2004. (lmz) Modified on 7/19/2004 (Gilgenbach, Leah), I mailed a copy of the Order to Lisa Kuca. (Entered: 07/19/2004) |
| 07/20/2004 | 32 | ORDER pursuant to Stipulation (Doc. No. 29) re: Special Master. Signed by Judge Paul A Magnuson on July 20, 2004. (lmz) Modified on 7/21/2004 cc: Lisa Kuca. (Entered: 07/20/2004) |
| 01/21/2005 | 34 | Certificate of Service by Katun Corporation re 6 Order, 15 Order, for Proposed Order [Re: Corporate Compliance Program; Customer Net Credit Balances Policy].(Madel, Christopher) (Entered: 01/21/2005) |
| 02/01/2005 | 35 | MOTION to Order for Forfeiture by United States of America as to Katun Corporation. (Attachments: # 1 Certificate of Service)(Engisch, Nicole) (Entered: 02/01/2005) |
| 02/02/2005 | 36 | ORDER as to Katun Corporation re 6 Stipulation and Order of Sentence. Defendant shall pay a criminal fine of $5 million plus accrued interest, which shall be deposited into the Crime Victims Fund. Signed by Judge Paul A. Magnuson on February 2, 2005. (lmz) (Entered: 02/02/2005) |
| 02/02/2005 | 37 | ORDER granting 35 Motion of Forfeiture. ORDERED that: (1) a $250,000 personal money judgment forfeiture is entered against Defendant Katun Corporation; (2) the Clerk of Court shall pay the $250,000 personal money judgment forfeiture from funds placed on deposit by Defendant Katun Corporation no later than ten days from the date of this order; and (3) pursuant to Fed.R.Crim.P. 32.2(b)(3), this Order of Forfeiture is final as to Defendant Katun Corporation. Signed by Judge Paul A. Magnuson on February 2, 2005. (lmz) Modified on 2/2/2005 (Gilgenbach, Leah). Copy to FSD. (Entered: 02/02/2005) |
| 02/10/2005 | 38 | ORDER approving Katun Corporation's Customer Net Credit Balance Policy. Signed by Judge Paul A Magnuson on 2/10/2005.(Attachments: # 1 Exhibit 1, Customer's Net Credit Balances Policy)(mmb) Modified on 2/18/2005 (Gilgenbach, Leah). Mailed to Lisa Kuca on 2/18/05. (Entered: 02/10/2005) |
| 02/17/2005 | 39 | STIPULATION [RE: RETURN TO KATUN OF RESTITUTION OVERPAYMENT; DISPOSITION OF REMAINING KATUN FUNDS ON DEPOSIT WITH THE CLERK OF COURT] (Madel, Christopher) (Entered: 02/17/2005) |
| 02/17/2005 | 40 | Certificate of Service by Katun Corporation re 39 Stipulation [RE: RETURN TO KATUN OF RESTITUTION OVERPAYMENT; DISPOSITION OF REMAINING KATUN FUNDS ON DEPOSIT WITH THE CLERK OF COURT].(Madel, Christopher) (Entered: 02/17/2005) |
| 02/18/2005 | 41 | ORDER pursuant to Stipulation [Doc. No. 39] filed by Katun Corporation, regarding Return to Katun of Restitution Overpayment. Signed by Judge Paul A. Magnuson on 02/18/2005.(mmb) Modified on 2/22/2005 (Gilgenbach, Leah). Copy of order mailed to Lisa Kuca. Copy of order sent to Court Financial Unit. (Entered: 02/18/2005) |
| 02/28/2005 | 42 | RECEIPT number 280826 in the amount of $75,000 issued to Ricoh Corporation. Refund for Katin per Court Order dated 2/18/2005 and signed by Judge Magnuson. (GMO) (Entered: 03/01/2005) |
| 03/03/2005 | 43 | Letter to Katun Corporation from Jennifer Nurnberger, Financial Tecnician re: refund in the amount of $75,000.00 for restitution overpayment to Ricoh Corporation per Order. (JMM) (Entered: 03/04/2005) |
| 04/11/2005 | 44 | Sealed Document . (MKF) (Entered: 04/12/2005) |
| 04/26/2005 | 45 | ORDER GRANTING Special Master's request for extension of time to May 9, 2005, to file report regarding Defendant Katun Corporation's corporate-compliance program. (See Clerk Doc. No. 32.) Signed by Judge Paul A. Magnuson on April 26, 2005. (lmz) Modified on 4/27/2005 copy mailed to Lisa Kuca. (Entered: 04/26/2005) |