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 byJames 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 byBrent 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
01/22/20091INFORMATION 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)
02/12/20092First MOTION for Victim Rights Notification by USA as to LAN CARGO S.A., AEROLINHAS BRASILEIRAS S.A.. (Grundvig, Mark) (Entered: 02/12/2009)
02/12/20093JOINT 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)
02/12/20094ORDER 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)
02/19/20096WAIVER OF INDICTMENT by LAN CARGO S.A. signed by Judge John D. Bates on 2/19/09. (tnr, ) (Entered: 02/20/2009)
02/19/20097WAIVER 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)
02/19/20099PLEA AGREEMENT as to LAN CARGO S.A. and AEROLINHAS BRASILEIRAS S.A. (tnr, ) (Entered: 02/20/2009)
02/19/200910JUDGMENT 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)
02/19/200911STATEMENT 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)
03/04/200912NOTICE 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)
03/10/200913TRANSCRIPT 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)
02/22/201114NOTICE 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)