REFER, TERMED

U.S. District Court
Eastern District of Arkansas (Little Rock)
CRIMINAL DOCKET FOR CASE #: 4:00-cr-00065-SWW-HDY-5


Case title: USA v. Keller, et al
Other court case number: :00-02-01244 USCA8
Date Filed: 04/12/2000
Date Terminated: 10/12/2001
Assigned to: Judge Susan Webber Wright
Referred to: Magistrate Judge H. David Young

Defendant (5)
Keller Medical Service Inc
TERMINATED: 10/12/2001 		represented byCharles A. Banks
Banks Law Firm, PLLC
Post Office Box 251310
Little Rock, AR 72225-1310
501-280-0100
Fax: 501-280-0166
Email: cbanks@bankslawfirm.us
TERMINATED: 05/26/2000
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Paul J. James
James, Carter & Coulter, P.L.C.
Post Office Box 907
Little Rock, AR 72203
(501) 372-1414
Email: pjj@jamescarterlaw.com
TERMINATED: 10/12/2001
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
Disposition
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES; NMT 5 years; NMT $250,000
(1s)		 three (3) years probation; $310,058.22 restitution; $400 assessment

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES; NMT 5 years; NMT $250,000
(1)		 dismissed due to filing of superseding indictment
18:287.F FALSE OR FRAUDULENT CLAIMS; NMT 5 years; NMT $250,000
(2-3)		 dismissed due to filing of superseding indictment
18:1347.F HEALTH CARE FRAUD; NMT 10 years; NMT $250,000
(4)		 dismissed due to filing of superseding indictment
18:1347.F HEALTH CARE FRAUD; NMT 10 years; NMT $250,000
(5s-7s)		 dismissed on motion of the AUSA
18:287.F FALSE OR FRAUDULENT CLAIMS; NMT 5 years; NMT $250,000
(8-28)		 dismissed due to filing of superseding indictment
18:287.F FALSE OR FRAUDULENT CLAIMS; NMT 5 years; NMT $250,000
(8s-28s)		 dismissed on motion of the AUSA
18:1341.F FRAUDS AND SWINDLES; NMT 10 years; NMT $250,000
(29-33)		 dismissed due to filing of superseding indictment
18:1341.F FRAUDS AND SWINDLES; NMT 30 years; NMT $1,000,000
(29s-33s)		 dismissed on motion of the AUSA

Highest Offense Level (Terminated)
Felony

Complaints
Disposition
None

Plaintiff
United States of America
TERMINATED: 01/08/2002 		represented bySandra Wilson Cherry
U. S. Attorney's Office - Little Rock
Eastern District of Arkansas
Post Office Box 1229
Little Rock, AR 72203-1229
(501) 340-2605
TERMINATED: 01/08/2002
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
04/12/20006 CASE SUMMARY summons issued for defendant Keller Med Svc Inc; arraignment set for 10:00 am 4/20/00 (former empl) (Entered: 04/12/2000)
04/12/20001 INDICTMENT by USA Sandra Wilson Cherry. Counts filed against Mark B Keller (1) count(s) 1, 5-7, Clarence W Woodard (2) count(s) 1, Gaylon Wade Murray (3) count(s) 1, 2-3, 4, Judy Marie Davis (4) count(s) 1, Keller Medical Svc (5) count(s) 1, 2-3, 4, 8-28, 29-33 (cdw) (Entered: 12/11/2001)
04/13/20009 NOTICE of arraignment 4/20/00 @ 10:00 am as to Keller Med Svc Inc (former empl) (Entered: 04/13/2000)
04/20/200014 SUMMONS executed upon Keller Med Svc Inc on 4/14/00 (former empl) (Entered: 04/20/2000)
04/20/200027 MINUTES: before Mag. Judge H. D. Young first appearance of Keller Med Svc Inc on arraignment Attorney Charles A. Banks present; entered plea of n/g; jury trial (12 days) 5/22/00 @ 9:30 am; 10 days to file pretrial motions (former empl) Modified on 04/26/2000 (Entered: 04/20/2000)
04/20/200028 NOTICE of jury trial 5/22/00 @ 9:30 am as to Keller Med Svc Inc (former empl) (Entered: 04/20/2000)
05/03/200035 MOTION to continue jury trial by Mark B Keller, Keller Med Svc Inc (former empl) (Entered: 05/04/2000)
05/05/200038 NOTICE of hearing on 5/9/00 at 10:00 a.m. as to Mark B Keller, Clarence W Woodard, Gaylon Wade Murray, Judy Marie Davis, Keller Med Svc Inc pursuant to Rule 44(c) and on pending pretrial motions (copies of notice mailed to all parties) (sjc) (Entered: 05/05/2000)
05/09/200049 MOTION to change venue to Jonesboro by Mark B Keller, Keller Med Svc Inc (former empl) (Entered: 05/09/2000)
05/09/200050 MINUTES: HEARING before Chief Judge Susan W. Wright on pending motions as to Mark B Keller, Clarence W Woodard, Judy Marie Davis, Keller Med Inc . Deft Gaylon Wade Murray was not present but was represented by counsel. Defts' motions to transfer to Jonesboro Division are denied. Motions to continue are granted, and trial is continued to January 8, 2001, and counsel are granted 60 days to file additional motions. After hearing on Rule 44(c) issue pertaining to Mark Keller and Keller Medical Service, Inc., the Court will not allow waiver of conflict of interest and directs company to obtain separate counsel. The Court will conduct a hearing as a result of govt's letter concerning payments made to Stanley's firm on behalf of deft Murray. (Lois Lambert, court reporter) (sjc) (Entered: 05/09/2000)
05/09/200052 RESPONSE by plaintiff USA to motion to change venue to Jonesboro Division [32-1], [33-1], [49-1] as to Mark B Keller, Gaylon Wade Murray and Keller Medical Service, Inc. (former empl) (Entered: 05/09/2000)
05/09/200053 RESPONSE by plaintiff USA to motion to continue jury trial [35-1], [36-1], [46-1], [48-1] as to Mark B Keller, Clarence W Woodard, Gaylon Wade Murray, Judy Marie Davis, Keller Medical Service, Inc. (former empl) (Entered: 05/09/2000)
05/09/200055 ORDER by Chief Judge Susan W. Wright denying motion to change venue to Jonesboro Division [32-1], [33-1], [49-1] as to Mark B Keller, Clarence W Woodard, Gaylon Wade Murray, Judy Marie Davis and Keller Medical Service, Inc. (cc: all counsel and defendants) (former empl) (Entered: 05/09/2000)
05/09/200056 ORDER by Chief Judge Susan W. Wright granting motion to continue jury trial [35-1], [36-1], [46-1], [48-1]; jury trial rescheduled 1/8/01 @ 9:30 am as to Mark B Keller, Clarence W Woodard, Gaylon Wade Murray, Judy Marie Davis, Keller Med Svc Inc ; XT started; delay excludable pursuant to 18 USC 3161(h)(8)(A); granting motion to extend time to file pretrial motions and additional pretrial motions after discovery [31-1], [31-2], [30-1], [30-2], [29-1], [29-2] up to and including 7/10/00 (cc: all counsel and defendants) (former empl) (Entered: 05/09/2000)
05/10/200062 CASE SUMMARY summons: none requested for defendant Keller Med Svc Inc (rkc) (Entered: 05/12/2000)
05/10/200057 SUPERSEDING indictment Mark B Keller (1) count(s) 1s, 2s-3s, 4s, Clarence W Woodard (2) count(s) 1s, Gaylon Wade Murray (3) count(s) 1s, 5s-7s, Judy Marie Davis (4) count(s) 1s, Keller Medical Svc (5) count(s) 1s, 5s-7s, 8s-28s, 29s-33s (cdw) (Entered: 12/11/2001)
05/15/200074 LETTER re: waiver of formal arraignment on superseding indictment as to Keller Medical Service, Inc. (rkc) (Entered: 05/16/2000)
05/24/200085 LETTER waiving formal arraignment on superseding indictment by defendant Mark B Keller, defendant Keller Med Svc Inc regarding letter [72-1] (rkc) (Entered: 05/24/2000)
05/24/200092 MOTION to withdraw attorney Charles A Banks and to substitute attorney Paul James by Keller Med Svc Inc (former empl) (Entered: 05/24/2000)
05/26/200093 ORDER by Chief Judge Susan W. Wright granting motion to withdraw attorney Charles A Banks [92-1]; Charles A Banks withdrawn and granting motion to substitute attorney Paul James [92-2]; Paul J. James substituted as to Keller Medical Services, Inc. (cc: all counsel and defendants) (former empl) Modified on 06/05/2000 (Entered: 05/26/2000)
05/30/200094 TRANSCRIPT (1 volume) of proceedings for the following date: 5/9/00 (Excerpts of motion hearing before the Honorable Susan Webber Wright as to Mark B Keller) (former empl) (Entered: 05/30/2000)
06/13/2000101 MOTION for discovery by USA as to Keller Med Svc Inc (rkc) (Entered: 06/13/2000)
06/19/2000106 ORDER by Chief Judge Susan W. Wright case referred to Mag. Judge H. D. Young; Court will rule on any motion for continuance, change of venue or severance and motions in limine as to Mark B Keller, Clarence W Woodard, Gaylon Wade Murray, Judy Marie Davis, Keller Med Svc Inc (cc: all counsel and defendants) (former empl) (Entered: 06/19/2000)
06/23/2000107 MOTION for discovery by Keller Med Svc Inc (former empl) (Entered: 06/23/2000)
06/29/2000109 MOTION for order to take deposition by USA as to Mark B Keller, Clarence W Woodard, Gaylon Wade Murray, Judy Marie Davis, Keller Med Svc Inc (rkc) (Entered: 06/29/2000)
07/05/2000115 ORDER by Mag. Judge H. D. Young denying motion for discovery [107-1] as moot. (cc: all counsel and defendants) (rkc) (Entered: 07/05/2000)
07/14/2000121 MOTION to continue jury trial by USA as to Mark B Keller, Clarence Woodard, Gaylon Wade Murray, Judy Marie Davis, Keller Med Svc Inc (former empl) (Entered: 07/14/2000)
07/21/2000122 ORDER by Mag. Judge H. D. Young granting motion for order to take deposition [109-1] at a time and place mutually agreed upon by the parties (cc: all counsel and defendants) (former empl) Modified on 07/24/2000 (Entered: 07/21/2000)
07/31/2000125 AMENDED ORDER by Chief Judge Susan W. Wright regarding the government's Motion to Take Deposition is amended to read as follows: The govt's unopposed Motion to Take Deposition is granted, and the depositions of the witnesses described in the government's motion shall be taken at a time and place mutually agreed upon by the parties (cc to counsel and defendants) (rkc) Modified on 08/18/2000 (Entered: 08/02/2000)
08/02/2000  Docket Modification (Utility Event) finding the motion to continue jury trial [121-1] moot. This was the response of the government to deft's motion for continuance which the government entitled wrong. (rkc) (Entered: 08/02/2000)
08/02/2000  Docket Modification (Utility Event) denying motion to produce alleged co-conspirator statements [63-1], denying motion to suppress any such statements which fail to meet the criteria of Fed Rules of Evid, Rule 801(D)(2)(e) [63-2] pursuant to Order of Magistrate Judge Young #110. (rkc) (Entered: 08/02/2000)
08/04/2000127 RESPONSE by defendant Keller Med Svc Inc to motion for reciprocal discovery [101-1] (former empl) (Entered: 08/04/2000)
08/15/2000132 RESPONSE by defendant Keller Med Svc Inc to motion for discovery [101-1] (former empl) (Entered: 08/15/2000)
08/21/2000133 ORDER by Mag. Judge H. D. Young denying motion for discovery [101-1] (cc: all counsel and defendants) (rkc) (Entered: 08/21/2000)
11/30/2000141 RESPONSE by defendant Gaylon Wade Murray to motion to continue jury trial [138-1] (rkc) (Entered: 12/01/2000)
11/30/2000142 ORDER by Chief Judge Susan W. Wright denying motion to continue jury trial [138-1] (cc: all counsel and defendants) (rkc) (Entered: 12/01/2000)
01/02/2001147 NOTICE of intent to present 404(b) evidence by plaintiff USA (rkc) (Entered: 01/03/2001)
01/02/2001148 RESPONSE by plaintiff USA to motion to continue jury trial and brief in support [146-1] (rkc) (Entered: 01/03/2001)
01/04/2001149 MINUTES: HEARING before Chief Judge Susan W. Wright; Ryan Kibler, authorized agent for Keller Med Svc Inc enters guilty plea to Count 1; remaining counts dism on mot of AUSA; jury trial canceled as to Keller Med Svc Inc (Lois Lambert, court reporter) (sjc) (Entered: 01/04/2001)
01/04/2001150 PLEA Agreement as to Keller Med Svc Inc (sjc) (Entered: 01/04/2001)
01/04/2001151 MINUTES: PHONE conference before Chief Judge Susan W. Wright with counsel re: motion to continue filed by deft Judy Davis after discussions, the Court states that the motion will be granted, and a new trial date is scheduled for September 10th which is agreeable with counsel (Lois Lambert, court reporter) (sjc) Modified on 01/08/2001 (Entered: 01/04/2001)
01/04/2001152 ORDER by Chief Judge Susan W. Wright granting motion to continue jury trial and brief in support [146-1] jury trial reset Mon. 9/10/01 at 9:30 a.m. and the delay is excludable pursuant to 18:3161(h)(8)(A) and (h)(7) as to Mark B Keller, Clarence W Woodard, Gaylon Wade Murray, Judy Marie Davis, Keller Med Svc Inc (cc: all counsel and defendants) (rkc) (Entered: 01/05/2001)
01/29/2001155 TRANSCRIPT ( 1 volumes) of proceedings for the following date(s): 1/4/01 (chg. of plea before Judge Susan Webber Wright) (rkc) (Entered: 01/29/2001)
08/24/2001156 MINUTES: CONFERENCE before Chief Judge Susan W. Wright with counsel pursuant to the pending trial; the govt's motion in limine with respect to witness Jimmy Hart and Banks's mot with respect to the corporation's guilty plea are granted subject to reconsideration at trial; no other motions in limine; trial will be recessed on 9/13, 9/14 and 9/21; voir dire procedures reviewed; another pretrial conference will be held on 9/5 at 2:00 p.m. (Lois Lambert, court reporter) (sjc) (Entered: 08/24/2001)
09/05/2001158 MINUTES: PRETRIAL conference before Chief Judge Susan W. Wright with counsel for govt and counsel for the remaining defendants to discuss remaining issues prior to trial; govt will be allowed one hour for opening statements and defts will have 20 minutes each; no motions in limine by defts; govt revises motion in limine with respect to Jimmy Hart which is tentatively sustained; discussions concerning govt's additional evidence; defts stipulate to authenticity of documentary evidence; parties are to meet with the Court at 8:30 a.m. Monday with stipulations and objections to exhibits, and any other issues will be taken up at that time (Lois Lambert, court reporter) (sjc) (Entered: 09/05/2001)
09/11/2001  MINUTES: DAY TWO of jury trial before Chief Judge Susan W. Wright; opening statements by government; Court excuses jury at 10:20 a.m. (due to terrorist attacks in New York) to return on Wednesday, if possible (Lois Lambert, court reporter) (sjc) Modified on 09/18/2001 (Entered: 09/13/2001)
09/17/2001  MINUTES: DAY THREE of jury trial; Juror No. 1, Mark Coco, excused for financial hardship and replaced with Alternate No. 1, John Muncy; opening statements by counsel for Keller and Davis; deft Woodard reserves opening at this time; govt's proof begins (Lois Lambert, court reporter in a.m. session; Genie Power, court reporter in p.m. session) (sjc) Modified on 09/19/2001 (Entered: 09/18/2001)
09/18/2001  MINUTES: DAY FOUR of jury trial; govt's proof continues (Lois Lambert, court reporter in a.m.; Genie Power, court reporter in p.m.) (sjc) (Entered: 09/19/2001)
09/19/2001  MINUTES: DAY FIVE of jury trial; govt's proof continues (Lois Lambert, court reporter in a.m.; Genie Power, court reporter in p.m.) (sjc) (Entered: 09/20/2001)
09/20/2001  MINUTES: DAY SIX of jury trial; government's proof continues (Genie Power, court reporter in a.m.; Lois Lambert, court reporter in p.m.) (sjc) (Entered: 09/21/2001)
09/24/2001  MINUTES: DAY SEVEN of jury trial; certain exhibits are received by the Court; govt's proof continues and concludes (Christa Newberg, court reporter in a.m.; Elaine Hinson, court reporter in p.m.) (sjc) Modified on 09/26/2001 (Entered: 09/25/2001)
09/25/2001  MINUTES: DAY EIGHT of jury trial; defts state motions for judgment of acquittal which are denied by the Court; certain stipulations are read to jury; proof begins by deft Keller and concludes; opening statement by deft Woodard; proof begins by deft Woodard (Elaine Hinson, court reporter in a.m.; Lois Lambert, court reporter in p.m.) (sjc) (Entered: 09/26/2001)
09/26/2001  MINUTES: DAY NINE of jury trial; deft Woodard's proof continues and concludes; deft Davis rests; govt's rebuttal; jury excused to return at 9:30 a.m.; jury instructions' conference with counsel; defts renew motions which are denied by the Court (Lois Lambert, court reporter) (sjc) (Entered: 09/27/2001)
09/27/2001  MINUTES: DAY TEN of jury trial before Chief Judge Susan W. Wright; closing arguments by counsel; jury retires to deliberate at 1:05 p.m.; alternate jurors are to remain in contact with the Court in the event they are needed; exhibits to be sent to jury are reviewed by the Court and counsel; at 5:30 p.m., the jury is excused to return on Friday at 9:00 a.m. (Lois Lambert, court reporter in a.m. session; Genie Power and Lois Lambert, court reporters in p.m. session) (sjc) (Entered: 09/28/2001)
09/28/2001161 Jury instructions given to the jury by the court (sjc) (Entered: 09/28/2001)
10/03/2001163 MINUTES: HEARING before Chief Judge Susan W. Wright; deft Keller Medical Service Inc. sentenced to probation; J&C to follow (Lois Lambert, court reporter) (sjc) (Entered: 10/03/2001)
10/09/2001164 TRANSCRIPT (1 volume) of proceedings for the following date: Wednesday, 10/03/01 (Sentencing of deft Keller Medical Services, Inc. before Chief Judge Susan Webber Wright) (cdw) (Entered: 10/09/2001)
10/12/2001166 PRESENTENCE Report on Keller Med Svc Inc (original sealed and placed in a vault). (cdw) (Entered: 10/12/2001)
10/12/2001165 JUDGMENT and Commitment by Chief Judge Susan W. Wright issued to U.S. Marshal sentencing Keller Medical Svc (5) count(s) 1s to three (3) years probation; $310,058.22 restitution; $400 assessment as to Keller Medical Svc ; (cc: all counsel) (cdw) (Entered: 12/11/2001)
12/13/2001170 AMENDED JUDGMENT and Commitment by Chief Judge Susan W. Wright issued to U.S. Marshal sentencing Keller Medical Svc (5) count(s) 1s to three (3) years probation; $310,058.22 restitution; $400 assessment as to Keller Medical Svc ; dismissing counts 1, 2-3, 4, 8-28, 29-33 due to filing of superseding indictment ; dismissing counts 5s-7s, 8s-28s, 29s-33s on motion of the AUSA as to Keller Medical Svc (cc: all counsel) (cdw) (Entered: 12/13/2001)
01/08/2002180 JUDGMENT and Commitment by Chief Judge Susan W. Wright issued to U.S. Marshal sentencing Clarence W Woodard (2) count(s) 1s to 46 months imprisonment; three (3) years supervised release; $1,093,921.81 restitution; $100 assessment as to Clarence W Woodard (cc: all counsel) (cdw) (Entered: 01/09/2002)
01/16/2002  DOCKET NOTE: 2 certified copies of notice of appeal of Woodard with original file forwarded to Clerk USCA8 (dac) (Entered: 01/16/2002)
02/04/2002  DOCKETING LETTER: 8 USCA Number 02-1244; Clarence Woodard is directed to file a motion to proceed IFP (dac) (Entered: 02/04/2002)
02/08/2002186 MINUTES: PHONE CONFERENCE before Chief Judge Susan W. Wright with Sandra Cherry, Jack Lassiter and Clarence Woodard to discuss letter dated February 5, 2002, from Woodard concerning the lien the govt has placed on his home; after discussions regarding the Homestead exemption, the Court determines that the order on restitution will be amended and the govt will be required to release the lien on Woodard's current home and permitted to place a lien on his new home; an order will follow (Genie Power, court reporter) (sjc) Modified on 02/11/2002 (Entered: 02/08/2002)
02/20/2002192 MINUTES: PHONE CONFERENCE before Chief Judge Susan W. Wright with Sandra Cherry, Stacey McCord, Jack Lassiter and Mrs. Clarence Woodard concerning the pending lien issue; after discussions, the Court will give the parties until noon tomorrow to try to resolve the matter and report back to the Court (Christa Newberg, court reporter) (sjc) (Entered: 02/20/2002)
02/21/2002196 MINUTES: PHONE CONFERENCE before Chief Judge Susan W. Wright with Sandra Cherry, Stacey McCord, Jack Lassiter and Mrs. Woodard to determine if there has been a resolution to the lien issue; the parties have not reached an agreement; the Court will not rule at this time and directs that the government fax all the documents on each home to the Court; an order will be issued following receipt of the documents (Lois Lambert, court reporter) (sjc) (Entered: 02/22/2002)
03/15/2002198 ORDER (8 USCA); appellant Clarence Woodard's motion for leave to proceed on appeal IFP is granted; Jack Lassister is appointed to represent the appellant; court reporter transcripts due 4/22/02 ; clerk's record on appeal due 4/23/02 (dac) (Entered: 03/15/2002)
03/15/2002  DOCKET NOTE: original file of Clarence Woodard returned from Clerk USCA8 (dac) (Entered: 03/15/2002)
05/03/2002  CERTIFICATE of Clerk's Record; 3 sealed copies of presentence report transmitted to USCA re [183-1] (dac) (Entered: 05/03/2002)
06/24/2002203 TRANSCRIPT ( 1 volume) of proceedings for the following date: 8/24/01 pretrial conf ( [183-1] ) (dac) (Entered: 06/25/2002)
06/24/2002204 TRANSCRIPT ( 1 volume) of proceedings for the following date: 9/5/01 pretrial hrg ( [183-1] ) (dac) (Entered: 06/25/2002)
06/24/2002205 TRANSCRIPT ( 1 volume) of proceedings for the following date: 9/10/01 jury trial ( [183-1] ) (dac) (Entered: 06/25/2002)
06/24/2002206 TRANSCRIPTS ( 9 vols volumes) of proceedings for the following dates: 9/17-28/02 jury trial ( [183-1] ) (dac) (Entered: 06/25/2002)
06/24/2002207 TRANSCRIPT ( 1 volume) of proceedings for the following date: 1/4/02 sentencing of Clarence W Woodard ( [183-1] ) (dac) (Entered: 06/25/2002)
06/25/2002  CERTIFICATE of Record 13 volumes transcripts transmitted to USCA re appeal of Woodard [183-1] (dac) (Entered: 06/25/2002)
08/07/2002208 TRANSCRIPT ( 1 volume) of proceedings for the following date: 9/11/01 jury trial of Mark Keller ( [183-1] ) (dac) (Entered: 08/07/2002)
08/07/2002209 TRANSCRIPT ( 1 volume) of proceedings for the following date: 9/10/01 jury trial ( [183-1] ) (dac) (Entered: 08/07/2002)
08/07/2002210 TRANSCRIPT ( 1 volume) of proceedings for the following date: 9/17/01 jury trial ( [183-1] ) (dac) (Entered: 08/07/2002)
08/07/2002211 TRANSCRIPT ( 1 volume) of proceedings for the following date: 9/27/01 jury trial ( [183-1] ) (dac) (Entered: 08/07/2002)
02/10/2003212 Opinion (8USCA) (dac) (Entered: 02/10/2003)
02/10/2003213 MANDATE from Circuit Court of Appeals affirming the decision of the District Court [183-1] (13 volumes transcripts remain in USCA8) (dac) (Entered: 02/10/2003)
02/28/2003  DOCKET NOTE: 13 vols. transcripts returned from USCA8 (dac) (Entered: 02/28/2003)