TERMED

U.S. District Court
Eastern District of Arkansas (Little Rock)
CRIMINAL DOCKET FOR CASE #: 4:03-cr-00226-BRW-1


Case title: USA v. Kerrville Painting, et al
Other court case number: :00-04-04030 USCA8

Date Filed: 09/04/2003
Date Terminated: 11/29/2004

Assigned to: Judge Billy Roy Wilson

Defendant (1)
Kerrville Painting Company Inc
TERMINATED: 11/29/2004
represented byGary D. Corum
Wilson, Engstrom, Corum & Coulter
Post Office Box 71
Little Rock, AR 72203-0071
(501) 375-6453
Email: gary@wecc-law.com
TERMINATED: 11/29/2004
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Nate Coulter
Wilson, Engstrom, Corum & Coulter
Post Office Box 71
Little Rock, AR 72203-0071
(501) 375-6453
Email: nate@wecc-law.com
TERMINATED: 11/29/2004
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES NMT 15 yrs; NMT $250,000;
(1s)
5 years probation; $2,000 assessment; $324,613.00 restitution
42:6928.F STORES/TREATS/TRANSPORTS ETC. - RE-USED OIL NMT 5 yrs; NMT $50,000;
(2s)
5 years probation; $2,000 assessment; $324,613.00 restitution
42:6928.F STORES/TREATS/TRANSPORTS ETC. - RE-USED OIL NMT 5 yrs; NMT $50,000;
(3s)
5 years probation; $2,000 assessment; $324,613.00 restitution
33:1311A.F POLLUTANT DISCHARGES ILLEGAL - 2ND OFFENSE NLT $5,000; NMT $50,000; NMT 3 yrs;
(4s)
5 years probation; $2,000 assessment; $324,613.00 restitution
33:1311A.F POLLUTANT DISCHARGES ILLEGAL - 2ND OFFENSE NLT $5,000; NMT $50,000; NMT 3 yrs;
(5s)
5 years probation; $2,000 assessment; $324,613.00 restitution

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES; NMT 15 years; NMT $250,000
(1)
dismissed on the motion of the govt
42:6928.F DISPOSAL HAZARDOUS WASTE - NO PERMIT; NMT 5 years; $50,000 each day
(2)
dismissed on the motion of the govt
42:6928.F TRANSPORT HAZARDOUS WASTE - NO MANIFEST; NMT 5 years; NMT $50,000 each day
(3)
dismissed on the motion of the govt
33:1311A.F POLLUTANT DISCHARGE INTO WATERS OF THE UNITED STATES; NMT 3 years; $5,000 - $50,000 per day
(4)
dismissed on the motion of the govt
33:1319.F DISCHARGE HAZARDOUS WASTE; NMT 3 years; $5,000 - $50,000 per day
(5)
dismissed on the motion of the govt
18:666C.F BRIBERY OF A FEDERAL AGENT; NMT 10 years; NMT $250,000
(7)
dismissed on the motion of the govt
18:666C.F BRIBERY INVOLVING FEDERAL PROGRAMS NMT 10 yrs; NMT $250,000;
(7s)
dismissed on the motion of the govt
18:1020.F HIGHWAY PROJECTS - FALSE STATEMENTS; NMT 5 years; NMT $250,000
(8-41)
dismissed on the motion of the govt
18:1020.F HIGHWAY PROJECTS NMT 5 yrs; NMT $250,000;
(8s-41s)
dismissed on the motion of the govt
18:1001.F FALSE STATEMENTS; NMT 5 years; NMT $250,000
(42-46)
dismissed on the motion of the govt
18:1001.F STATEMENTS OR ENTRIES GENERALLY NMT 5 yrs; NMT $250,000;
(42s-46s)
dismissed on the motion of the govt

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
United States of America
TERMINATED: 11/29/2004
represented byRobert J. Govar
U. S. Attorney's Office - Little Rock
Eastern District of Arkansas
Post Office Box 1229
Little Rock, AR 72203-1229
(501) 340-2616
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

William C. Adair , Jr.
Arbitration/Mediation, Inc.
16219 Nation Street
Little Rock, AR 72223
501-821-6898
Email: Bill.Adair@sbcglobal.net
TERMINATED: 11/29/2004
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
09/04/20031INDICTMENT by USA William C. Adair Jr.. Counts filed against Kerrville Painting (1) count(s) 1, 2, 3, 4, 5, 7, 8-41, 42-46, Nickolas Mouzakis (2) count(s) 1, 2, 3, 4, 5, 7, 8-41, 42-46, 47, Kevin Foster (3) count(s) 1, 6, Cecil Zimmerman (4) count(s) 1, 2, 3, 4 (cdw) (Entered: 09/05/2003)
09/04/20032CASE SUMMARY: summons issued for defendant Kerrville Painting; arraignment set for 10:00 a.m. on Thursday, 9/25/03 for Kerrville Painting (cdw) (Entered: 09/05/2003)
09/25/200310MINUTES before Mag. Judge Henry L. Jones Jr. on first appearance of Kerrville Painting on plea & arraignment; Attorneys Gary D. Corum, Nate Coulter present as to Kerrville Painting; deft enters plea of not guilty; jury trial (6 days) set for Monday, 10/27/03 at 9:00 a.m.; 10 days to file pretrial motions; ERO Ruthie Wrather (cdw) (Entered: 09/25/2003)
09/25/200311 NOTICE of jury trial Monday, 10/27/03 at 9:00 a.m. as to Kerrville Painting before Judge William R. Wilson (cdw) (Entered: 09/25/2003)
10/07/200336MOTION to extend time to file pre-trial motions by Kerrville Painting, Nickolas Mouzakis (rkc) (Entered: 10/07/2003)
10/09/200337ORDER by Judge William R. Wilson granting defts Muskie, Kerrville Painting's motion to extend time to file pretrial motions [36-1], all pretrial motions are to be filed no more than 14 days before trial (cc: all counsel and defendants) (cdw) Modified on 10/14/2003 (Entered: 10/09/2003)
10/17/200342RESPONSE by plaintiff USA to motion for extension of time to file pre-trial motions of Kerrville Painting Co. and Nick Muskie (rkc) Modified on 10/23/2003 (Entered: 10/17/2003)
10/21/200345ORDER by Judge William R. Wilson granting motion to continue jury trial [44-1], [41-1]; jury trial reset Mon. 4/19/04 at 9:00 a.m. as to all defendants and the delay is excludable pursuant to 18:3161(h)(7) as to Kerrville Painting, Nick Muskie, Kevin Foster, Cecil Zimmerman (cc: all counsel and defendants) (rkc) (Entered: 10/22/2003)
12/23/200352MOTION for discovery by Kerrville Painting, Nick Muskie (rkc) (Entered: 12/23/2003)
01/06/200453MOTION for Rule 44(c)(2) hearing and to extend time to respond to motion for discovery by USA as to Kerrville Painting, Nick Muskie (rkc) (Entered: 01/06/2004)
01/09/200454MOTION for order dismissing motion for Rule 44(c)(2) hearing and to extend time to respond to motion for discovery of Kerrville Painting and Nick Muskie by USA as to Kerrville Painting, Nick Muskie, Kevin Foster, Cecil Zimmerman (rkc) Modified on 01/16/2004 (Entered: 01/12/2004)
01/13/200455ORDER by Judge William R. Wilson finding the motion for Rule 44(c)(2) hearing [53-1] moot, finding the motion to extend time to respond to motion for discovery [53-2] moot, granting motion for order dismissing motion for Rule 44(c)(2) hearing [54-1], finding the motion to extend time to respond to motion for discovery of Kerrville Painting and Nick Muskie [54-2] moot. (cc: all counsel and defendants) (rkc) (Entered: 01/13/2004)
02/03/200456MOTION to continue jury trial by USA as to Kerrville Painting, Nick Muskie, Kevin Foster, Cecil Zimmerman (rkc) (Entered: 02/04/2004)
02/23/200457ORDER by Judge William R. Wilson granting motion to continue jury trial [56-1]; jury trial reset Mon. 8/16/04 at 9:00 a.m. as to Kerrville Painting, Nick Muskie, Kevin Foster, Cecil Zimmerman and the delay is excludable pursuant to 18:3161(h)(8)(A) as to Kerrville Painting, Nick Muskie, Kevin Foster, Cecil Zimmerman (cc: all counsel defendants) (rkc) (Entered: 02/23/2004)
03/12/200458RESPONSE by plaintiff USA to motion for discovery [52-1] (rkc) (Entered: 03/12/2004)
03/16/200459ORDER by Judge William R. Wilson denying defts Muskie & Kerrville Painting Co's motion for discovery [52-1] (cc: all counsel and defendants) (cdw) (Entered: 03/17/2004)
04/08/200462MOTION to shorten time for defts to file pretrial motions by USA as to Kerrville Painting, Nick Muskie, Kevin Foster, Cecil Zimmerman (cdw) (Entered: 04/08/2004)
05/05/200466MOTION for disclosure of evidence and to produce witnesses' statements by USA as to Kerrville Painting, Nick Muskie, Kevin Foster (rkc) (Entered: 05/05/2004)
05/21/200467ORDER by Judge William R. Wilson granting motion for disclosure of evidence [66-1], granting motion to produce witnesses' statements [66-2] granting motion to shorten time for defts to file pretrial motions [62-1] only to the extent that ALL defts. are ordered to file their pretrial motions no later than 5:00 p.m. on Wed. 7/14/04. (cc: all counsel and defendants) (rkc) (Entered: 05/21/2004)
07/21/200476SUPERSEDING indictment Kerrville Painting (1) count(s) 1s, 2s, 3s, 4s, 5s, 7s, 8s-41s, 42s-46s, Nick Muskie (2) count(s) 1s, 2s, 3s, 4s, 5s, 7s, 8s-41s, 42s-46s, 47s, Kevin Foster (3) count(s) 1s, 6s, Cecil Zimmerman (4) count(s) 1s, 2s, 3s, 4s (rkc) (Entered: 07/22/2004)
07/21/200477CASE SUMMARY summons: none requested for defendant Kerrville Painting (rkc) (Entered: 07/22/2004)
07/27/200481MOTION for disclosure of defts' expert witnesses by USA as to Kerrville Painting, Nick Muskie, Kevin Foster, Cecil Zimmerman (rkc) (Entered: 07/27/2004)
07/27/200482MOTION for order for defts to give notice of intent to introduce F.R.Evid. Rule 404(b) evidence by USA as to Kerrville Painting, Nick Muskie, Cecil Zimmerman (rkc) Modified on 08/17/2004 (Entered: 07/27/2004)
07/28/200485DISCLOSURE of expert witnesses by plaintiff USA (rkc) (Entered: 07/28/2004)
07/30/200488 TRANSCRIPT ( 1 volume) of proceedings for the following date(s): July 28, 2004 (change of plea before Judge Wilson) (mcn) (Entered: 07/30/2004)
08/04/200490 NOTICE of change of plea Mon. 8/9/04 9:00 a.m. as to Kerrville Painting before Judge William R. Wilson (rkc) (Entered: 08/04/2004)
08/06/2004  Docket Modification (Utility Event) finding the motion for order for defts to give notice of intent to introduce F.R.Evid. Rule 404(b) evidence [82-1] moot; finding the motion to sever defts [73-1] moot; finding the motion for a bill of particulars [71-1] moot; finding the motion to suppress [69-1] moot due to defts pleading guilty (maj) Modified on 08/09/2004 (Entered: 08/06/2004)
08/09/200495 MINUTES: Kerrville Painting (through deft Nick Muskie) appeared before Judge Wilson to enter a guilty plea to Counts 1s - 5s of the superseding indictment; plea accepted; Counts 7s - 46s dismissed as to this deft Sentencing set as to Kerrville Painting for November 19, 2004 at 1:30 p.m. (G. Power) (maj) (Entered: 08/09/2004)
08/09/200496PLEA Agreement as to Kerrville Painting (maj) (Entered: 08/09/2004)
08/09/200498NOTICE of sentencing on 11/19/04 @ 1:30 p.m. as to Kerrville Painting before Judge William Wilson (lej) (Entered: 08/10/2004)
11/01/2004109MOTION for order to decrease offense level one additional level by USA as to Kerrville Painting, Nick Muskie, Kevin Foster (rkc) (Entered: 11/02/2004)
11/19/2004116 MINUTES: Sentencing held as to Kerrville Painting before Judge Wilson; deft appeared through representative, Nick Muskie, w/counsel Gary Corum and Nate Coulter; sentence imposed; 5 years Probation; $324,614 restitution; $100,000 lump sum is due and monthly payments of $5,000 subsequently until corporation assets are depleted; $2,000 special assessment; J&C to follow (C. Newburg) (maj) (Entered: 11/19/2004)
11/29/2004117 PRESENTENCE Report on Kerrville Painting (original sealed and placed in a vault). (lej) (Entered: 11/29/2004)
11/29/2004118JUDGMENT and Commitment by Judge William R. Wilson issued to U.S. Marshal sentencing Kerrville Painting (1) on counts 1s, 2s, 3s, 4s, and 5s to 5 years probation; $2,000 assessment; $324,613.00 restitution; dismissing counts 1, 2, 3, 4, 5, 7s, 7, 8s-41s, 8-41 on the motion of the govt (cc: all counsel) (lej) (Entered: 11/29/2004)
01/24/2005  DOCKETING LETTER: 8 USCA Number 04-4030 (dac) (Entered: 01/24/2005)
02/15/2005  CERTIFICATE of Clerk's Record; 3 sealed copies of PSR transmitted to USCA re appeal of Foster [124-1] (dac) (Entered: 02/15/2005)
02/16/2005133 TRANSCRIPT ( 1 volume) of proceedings for the following date: 8/11/04 change of plea hrg of Kevin Foster [124-1] (dac) (Entered: 02/16/2005)
02/16/2005134 TRANSCRIPT ( 1 volume) of proceedings for the following date: 11/19/04 sentencing hrg of Foster ( [124-1] ) (dac) (Entered: 02/16/2005)
02/16/2005  CERTIFICATE of Record; transcript of plea & transcript of sentencing transmitted to USCA re appeal of Foster [124-1] (dac) (Entered: 02/16/2005)
02/17/2005135 TRANSCRIPT ( 1 volumes) of proceedings for the following date(s): 11/19/05 (sentencing hearing before Judge Wilson) (rkc) (Entered: 02/17/2005)
05/23/2005136MANDATE from Circuit Court of Appeals dismissing the appeal of Kevin Foster on appellant's motion[124-1] (transcripts remain in USCA8) (dac) (Entered: 05/23/2005)
05/26/2005  DOCKET NOTE: transcript of change of plea & sentencing of Kevin Foster returned from USCA8 (dac) (Entered: 05/26/2005)
10/26/2007140ORDER TERMINATING PROBATION PRIOR TO ORIGINAL EXPIRATION DATE as to Kerrville Painting Company, Inc. Signed by Judge William R. Wilson Jr. on 9/26/2007. (lmr) (Entered: 10/29/2007)