3DIV, CLOSED, INFO

U.S. District Court
District of Minnesota (DMN)
CRIMINAL DOCKET FOR CASE #: 0:04-cr-00025-PAM-1


Case title: USA v. Katun Corporation

Date Filed: 01/14/2004
Date Terminated: 02/06/2004


Special Master
Lisa Kuca represented byLisa 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)
Katun Corporation
TERMINATED: 02/06/2004
represented byChristopher 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
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)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
United States of America represented byHenry 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
01/14/2004FELONY 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)
01/16/2004DISQUALIFICATION 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)
01/16/2004ORDER 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)
01/28/2004SUMMONS executed upon Katun Corporation (Chris Madel) on 1/15/04 2pgs (BLW (Entered: 01/29/2004)
02/06/2004MINUTES: 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)
02/06/2004STIPULATION 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)
02/06/2004WAIVER OF INDICTMENT by defendant Katun Corporation. 1pg (LEG) (Entered: 02/09/2004)
02/06/2004PLEA AGREEMENT AND SENTENCING STIPULATIONS as to Katun Corporation. 10pgs (LEG) (Entered: 02/09/2004)
02/06/2004JUDGMENT ENTERED as to defendant Katun Corporation Re: minutes of sentencing document # 5. 3pg (LEG) (Entered: 02/09/2004)
02/06/200410 RECEIPT as to Katun Corporation in the amount of $5,000,000.00 receipt number 272326. 1pg (LEG) (Entered: 02/09/2004)
02/09/200411 RECEIPT as to defendant Katun Corporation in the amount of $4,800.00 receipt number 144090. 1pg (LEG) (Entered: 02/09/2004)
02/17/200412 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)
04/01/200413 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)
05/20/200414STIPULATION 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)
06/09/200415ORDER 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)
06/14/200416SATISFACTION OF JUDGMENT by United States of America (Trippler, Mary) (Entered: 06/14/2004)
06/17/200433RECEIPT number 144938 in the amount of $454,404.17, for non-government restitution issued to Katun Corporation. (LEG) (Entered: 08/24/2004)
06/18/200417 MOTION REGARDING UNUSED CUSTOMER CREDITS re 15 Order, by Katun Corporation. (Madel, Christopher) (Entered: 06/18/2004)
06/18/200418MEMORANDUM in Support by Katun Corporation re 15 Order, (Madel, Christopher) (Entered: 06/18/2004)
06/18/200419DECLARATION of Marc W. Courey re 1 Exhibit A)(Madel, Christopher) Modified on 6/18/2004. (Entered: 06/18/2004)
06/18/200420DECLARATION of Brad Kimarck re 15 Order, () (Madel, Christopher) Modified on 6/18/2004. (Entered: 06/18/2004)
06/18/200421DECLARATION of Greg Enderle re 15 Order, (Madel, Christopher) Modified on 6/18/2004. (Entered: 06/18/2004)
06/18/200422DECLARATION of Christopher W. Madel re 8 Certificate of Service)(Madel, Christopher) Modified on 6/18/2004. (Entered: 06/18/2004)
06/18/200423Certificate of Service by Katun Corporation re 15 Order, PROPOSED ORDER.(Madel, Christopher) (Entered: 06/18/2004)
06/25/200424RESPONSE in Opposition by United States of America as to Katun Corporation re 13 Certificate of Service)(Engisch, Nicole) (Entered: 06/25/2004)
07/02/200425REPLY TO RESPONSE to Motion by Katun Corporation re 15 Order, (Safranski, Stephen) (Entered: 07/02/2004)
07/02/200426DECLARATION 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)
07/02/200427Certificate of Service by Katun Corporation re 26 Declaration of Jeffrey M. Bryan.(Safranski, Stephen) (Entered: 07/02/2004)
07/16/200428Letter 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)
07/19/200429STIPULATION re 2 Certificate of Service Certificate of Service)(Madel, Christopher) (Entered: 07/19/2004)
07/19/200430NOTICE 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)
07/19/200431ORDER 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)
07/20/200432ORDER 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)
01/21/200534Certificate 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)
02/01/200535 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)
02/02/200536ORDER 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)
02/02/200537ORDER 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)
02/10/200538ORDER 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)
02/17/200539STIPULATION [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)
02/17/200540Certificate 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)
02/18/200541ORDER 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)
02/28/200542RECEIPT 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)
03/03/200543Letter 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)
04/11/200544 Sealed Document . (MKF) (Entered: 04/12/2005)
04/26/200545ORDER 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)