USA v. LAN CARGO S.A. et al

CAT A, CLOSED

U.S. District Court
District of Columbia (Washington, DC)
CRIMINAL DOCKET FOR CASE #: 1:09-cr-00015-JDB-1

Case title: USA v. LAN CARGO S.A. et al

Date Filed: 01/22/2009

Assigned to: Judge John D. Bates
Defendant (1)
LAN CARGO S.A.	represented by	James Vernon Dick SQUIRE, SANDERS & DEMPSEY 1201 Pennsylvania Avenue, N.W. 5th Floor Washington, DC 20004 (202) 626-6714 Email: jdick@ssd.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Marshall Sanford Sinick SQUIRE, SANDERS & DEMPSEY, L.L.P. 1201 Pennsylvania Avenue, NW P.O. Box 407 Washington, DC 20044 (202) 626-6651 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained
Pending Counts		Disposition
15:1; ANTITRUST VIOLATIONS (1)		Defendant sentenced to a Fine of Eighty-Eight Million Dollars ($88,000,000.00); Special Assessment of $400.00 imposed
Highest Offense Level (Opening)
Felony
Terminated Counts		Disposition
None
Highest Offense Level (Terminated)
None
Complaints		Disposition
None

Plaintiff
USA	represented by	Brent C. Snyder U.S. DEPARTMENT OF JUSTICE Antitrust Division 450 Fifth Street, N.W Suite 11300 Washington, DC 20530 (202) 616-3186 Email: brent.snyder@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Carsten M. Reichel U.S. DEPARTMENT OF JUSTICE 450 Fifth Street, NW Suite 11300 Washington, DC 20001 (202) 305-0893 Email: carsten.reichel@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Elizabeth Aloi UNITED STATES DEPARTMENT OF JUSTICE 1401 H Street, N.W. Suite 3700 Washington, DC 20530 (202) 307-0024 Email: elizabeth.aloi@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Kathryn M. Hellings U.S. DEPARTMENT OF JUSTICE 450 5th St Suite 11300 Washington, DC 20530 (202) 307-0934 Email: katie.hellings@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark C. Grundvig U.S. DEPARTMENT OF JUSTICE Antitrust Division 450 5th Street, N.W. Suite 11300 Washington, DC 20530 (202) 305-1878 Fax: (202) 514-6525 Email: mark.grundvig@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed	#	Docket Text
01/22/2009	1	INFORMATION as to LAN CARGO S.A. (1) and AEROLINHAS BRASILEIRAS S.A. (2) on Count 1. (tnr, ) (Entered: 01/22/2009)
01/23/2009		Set/Reset Hearings as to LAN CARGO S.A., AEROLINHAS BRASILEIRAS S.A.: Plea Agreement Hearing set for 2/19/2009 09:30 AM in Courtroom 8 before Judge John D. Bates. (tb, ) (Entered: 01/23/2009)
02/12/2009	2	First MOTION for Victim Rights Notification by USA as to LAN CARGO S.A., AEROLINHAS BRASILEIRAS S.A.. (Grundvig, Mark) (Entered: 02/12/2009)
02/12/2009	3	JOINT SENTENCING MEMORANDUM by LAN CARGO S.A., USA, AEROLINHAS BRASILEIRAS S.A. as to LAN CARGO S.A., AEROLINHAS BRASILEIRAS S.A. (Grundvig, Mark) Modified on 2/13/2009 (tnr, ). (Entered: 02/12/2009)
02/12/2009	4	ORDER granting 2 Motion for Authorization to Give Crime Victims Notification pursuant to 18 U.S.C. 3771 as to LAN CARGO S.A. (1) and AEROLINHAS BRASILEIRAS S.A. (2) signed by Judge John D. Bates on 2/12/09. (tnr, ) (Entered: 02/13/2009)
02/19/2009		Minute Entry for proceedings held before Judge John D. Bates:Arraignment as to LAN CARGO S.A. (1) and AEROLINHAS BRASILEIRAS S.A. (2) on Count 1 held on 2/19/2009. Carlos Mencio on behalf of Defendant #1 and Luciano Ghelardi on behalf of Defendant #2 sworn and plea of guilty entered as to both Defendants. Sentencing set for 2/19/2009 at 10:10 AM in Courtroom 8 before Judge John D. Bates. (Court Reporter: Bryan Wayne; Defense Attorney: James Dick; US Attorney: Mark Grundvig) (tnr, ) (Entered: 02/20/2009)
02/19/2009		Minute Entry for proceedings held before Judge John D. Bates:Sentencing held on 2/19/2009 as to LAN CARGO S.A. (1) and AEROLINHAS BRASILEIRAS S.A. (2). Count 1: Defendants sentenced to a Fine totaling One Hundred and Nine Million Dollars ($109,000,000.00) in which Defendant #1 is responsible for paying Eighty-Eight Million Dollars ($88,000,000.00) and Defendant #2 is responsible for paying Twenty-One Million Dollars ($21,000,000.00). No term of Incarceration, Supervised Release or Probation imposed. Special Assessment imposed totaling $800.00, in which each Defendant is responsible for $400.00. (Court Reporter: Bryan Wayne; Defense Attorney: James Dick; US Attorney: Mark Grundvig) (tnr, ) (Entered: 02/20/2009)
02/19/2009	6	WAIVER OF INDICTMENT by LAN CARGO S.A. signed by Judge John D. Bates on 2/19/09. (tnr, ) (Entered: 02/20/2009)
02/19/2009	7	WAIVER of Right to Trial by Jury as to LAN CARGO S.A. approved by Judge John D. Bates on 2/19/09. (tnr, ) (Entered: 02/20/2009)
02/19/2009	9	PLEA AGREEMENT as to LAN CARGO S.A. and AEROLINHAS BRASILEIRAS S.A. (tnr, ) (Entered: 02/20/2009)
02/19/2009	10	JUDGMENT as to LAN CARGO S.A. and AEROLINHAS BRASILEIRAS S.A. Statement of Reasons Not Included signed by Judge John D. Bates on 2/19/09. (tnr, ) (Entered: 02/20/2009)
02/19/2009	11	STATEMENT OF REASONS as to LAN CARGO S.A. and AEROLINHAS BRASILEIRAS S.A. re 10 Judgment; Not for public disclosure per Judicial Conference Policy signed by Judge John D. Bates on 2/19/09. (tnr, ) (Entered: 02/20/2009)
03/04/2009	12	NOTICE of Receipt of $15,000,000.00 as to LAN CARGO S.A. (1) and $4,000,000.00 as to AEROLINHAS BRASILEIRAS S.A. (2) for installment payments of fine. Special Assessment of $400.00 each was also satisfied. (hsj, ) Modified on 3/10/2009 (tnr, ). (Entered: 03/09/2009)
03/09/2009		NOTICE OF CORRECTED DOCKET ENTRY: re 12 Notice of bail transferred was modified to read as Notice of Receipt of Installment Payments of Fine and Special Assessments as to LAN CARGO S.A. and AEROLINHAS BRASILEIRAS S.A. (tnr, ) (Entered: 03/10/2009)
03/10/2009	13	TRANSCRIPT OF PROCEEDINGS in case as to LAN CARGO S.A., AEROLINHAS BRASILEIRAS S.A. before Judge John D. Bates of proceedings held on 2/19/09; Page Numbers: 1 - 46. Date of Issuance:3/10/09. Court Reporter/Transcriber Bryan A. Wayne, Telephone number 202-354-3186, Court Reporter Email Address : bryanawayne@verizon.net. For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov. Redaction Request due 3/31/2009. Redacted Transcript Deadline set for 4/10/2009. Release of Transcript Restriction set for 6/8/2009.(Wayne, Bryan) (Entered: 03/10/2009)
02/25/2010		NOTICE of Receipt of $14,813,900.00 as to LAN CARGO S.A. (1) (Receipt No. 10461600048) and $3,573,100.00 as to AEROLINHAS BRASILEIRAS S.A. (2) (Receipt No. 10461600049) towards the fine obligation. (tnr, ) (Entered: 02/26/2010)
02/22/2011	14	NOTICE that the Court is in receipt of a wire transfer in the amount of $14,751,550.00 to satisfy the fine obligation as to LAN CARGO. Receipt No.: CQ11461600043. (hsj, ) (Entered: 02/23/2011)