Northern District of West Virginia (Clarksburg)
CRIMINAL DOCKET FOR CASE #: 1:02-cr-00019-REM-1

Case title: USA v. LaRosa Fuel Company

Date Filed: 03/19/2002
Date Terminated: 06/14/2005

Assigned to: Senior Judge Robert E. Maxwell

Defendant (1)
LaRosa Fuel Company, Inc.
TERMINATED: 06/14/2005
represented byStephen G. Jory
McNeer, Highland, McMunn & Varner, LC - Elkins
PO Box 1909
Elkins, WV 26241
(304) 636-3553
Fax: (304) 636-3607
Email: sgjory@wvlawyers.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
33:1311A.F POLLUTANT DISCHARGES ILLEGAL - 2ND OFFENSE and 33:1319.F ENFORCEMENT-CRIMINAL OFFENSES.
(1)
Probation for a term of two years; $400.00 special assessment fee; $50,000.00 fine.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byAlan G. McGonigal
U.S. Attorney's Office - Whg
PO Box 591
Wheeling, WV 26003
304/234-0100
Fax: 304-234-0112
Email: alan.mcgonigal@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Stephen D. Warner
U.S. Attorney's Office - Elkins
PO Box 190
Elkins, WV 26241
(304) 636-1739
Fax: (304) 636-1967
Email: steve.warner@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
03/19/20021INFORMATION as to LaRosa Fuel Company (1) count(s) 1. (copy 2409, counsel, defendant, USA, USP, USM) (jcs) (Entered: 03/19/2002)
03/19/2002  Received original plea agreement by LaRosa Fuel Company and USA as to LaRosa Fuel Company. (copy 2409) (jcs) (Entered: 03/19/2002)
03/20/20022NOTICE of Hearing as to LaRosa Fuel Company: Filing of Information on Monday, March 25, 2002 at 1:30 in Elkins before the Honorable Robert E. Maxwell. (copies USA, USM, USP and counsel) (jss) (Entered: 03/20/2002)
03/20/20023ORDER as to LaRosa Fuel Company, transferring case to the Hon. Robert E. Maxwell, Senior Judge . (Signed by Judge Irene M. Keeley) (Copy to IMK, REM, JSK, counsel, deft., USA, USM, USPO) (fce) Modified on 03/20/2002 (Entered: 03/20/2002)
03/20/2002  CASE reassigned to Judge Robert E. Maxwell. (fce) (Entered: 03/20/2002)
03/25/2002  Initial appearance as to LaRosa Fuel Company held in Elkins before Judge Robert Maxwell. (Defendant informed of rights.) (cnd) (Entered: 03/25/2002)
03/25/20024WAIVER OF INDICTMENT by LaRosa Fuel Company. (copies USA, USM, USP, counsel, Judge Maxwell) (cnd) (Entered: 03/25/2002)
03/25/2002  Arraignment as to LaRosa Fuel Company held in Elkins before Judge Robert Maxwell. Court reporter Pamela Moore. (cnd) (Entered: 03/25/2002)
03/25/2002  PLEA of Guilty: LaRosa Fuel Company (1) count 1 ; Court accepts plea. (cnd) (Entered: 03/25/2002)
03/25/20025Plea Agreement as to LaRosa Fuel Company. (copy USA, USM, USP, counsel, Judge Maxwell) (cnd) (Entered: 03/25/2002)
03/25/20026ORDER as to LaRosa Fuel Company: It is ORDERED that the written Waiver of Indictment, as amended, be filed. The Court ORDERED the plea agreement, as amended, filed. The Defendant corporation entered a plea of guilty to Count One of the one-count Information. The Court accepted the plea of guilty. The Court would defer acceptance of the plea agreement and the nonbinding recommendations contained therein until the Court receives and reviews the Presentence Report. The Court ORDERED the Probation Officer to undertake a presentence investigation and prepare a Presentence Report for the Court. (Signed by Judge Robert E. Maxwell) (cert. copy USA, USM, USP, counsel) (cnd) (Entered: 03/26/2002)
03/25/2002  Plea Agreement Hearing as to LaRosa Fuel Company held in Elkins before Judge Robert Maxwell. Court reporter Pamela Moore. (cnd) (Entered: 03/27/2002)
09/16/20027NOTICE of Hearing as to LaRosa Fuel Company: set Sentencing for 11:00 on 10/29/02 . (copies USA, USM, USP and counsel) (jss) (Entered: 09/16/2002)
09/24/20028NOTICE of Hearing as to LaRosa Fuel Company: The sentencing hearing set for Tuesday, October 29, 2002 at 11:00 has been CONTINUED GENERALLY. (copies USA, USM, USP and counsel) (jss) (Entered: 09/24/2002)
02/07/20059ORDER as to LaRosa Fuel Company set Sentencing for 10:00 on 6/14/05 . ORDERED that counsel shall submit a sentencing memorandum directly to the Court. ORDERED that counsel shall respond by 5/31/05. ORDERED that the sentencing memoranda and responses shall NOT be filed with the Clerk. ORDERED that copies of the sentencing memoranda and responses shall be served upon counsel and USP. (copies USA, USM, USP and counsel) (Signed by Judge Robert E. Maxwell) (jss) (Entered: 02/07/2005)
06/14/2005  Minute Entry for proceedings held before Judge Robert E. Maxwell :Sentencing held on 6/14/2005 for LaRosa Fuel Company, Inc. (1), Count(s) 1, Probation for a term of two years; $400.00 special assessment fee; $50,000.00 fine. (Court Reporter Sue Hatley) (cnd) (Entered: 06/17/2005)
06/14/200510JUDGMENT as to LaRosa Fuel Company, Inc. (1), Count 1, Probation for a term of two years; $400.00 special assessment fee; $50,000.00 fine. Signed by Judge Robert E. Maxwell on 6/14/05. (copy USP, USM, Fin. Deputy) (cnd) (Entered: 06/17/2005)
06/14/200511 PRESENTENCE INVESTIGATION REPORT, Statement of Reasons, and Sentencing Memoranda (Sealed and placed in Clarksburg vault) as to LaRosa Fuel Company, Inc. (cnd) (Entered: 06/17/2005)
06/16/200512Judgment Returned Executed as to LaRosa Fuel Company, Inc. on 6/15/05. (cnd) (Entered: 06/17/2005)
06/16/2005  Special assessment Paid on 6/16/05 in the amount of $400.00 RECEIPT #: 49005 Modified on 6/21/2005 (cnd). (Entered: 06/21/2005)
06/23/200513Conditions of Probation and Supervised Release signed by USPO and LaRosa Fuel Company, Inc. on 6/22/05 re 10 Judgment. (copy 2406) (jcs) (Entered: 06/23/2005)
07/14/200514TRANSCRIPT of Sentencing as to LaRosa Fuel Company, Inc. held on 6/14/05 before Judge Robert E. Maxwell. Court Reporter: Sue Hatley. (cnd) (Entered: 07/14/2005)
08/16/200515Fine Paid in the amount of $2084.00 by LaRosa Fuel Company, Inc.. RECEIPT #: 49212 (cnd) (Entered: 08/17/2005)
09/22/200516Fine Paid in the amount of $2084.00 by LaRosa Fuel Company, Inc.. RECEIPT #: 49350 (cnd) (Entered: 09/22/2005)
10/19/200517Fine Paid in the amount of $2084.00 by LaRosa Fuel Company, Inc. RECEIPT #: 49447 (cnd) (Entered: 10/20/2005)
12/09/200518Fine Paid on 12/2/05 in the amount of $2084.00 by LaRosa Fuel Company, Inc. RECEIPT #: 49581 (cnd) (Entered: 12/09/2005)
03/22/200619Fine Paid on 3/21/06 in the amount of $2084.00 by LaRosa Fuel Company, Inc. RECEIPT #: 49953 (cnd) (Entered: 03/22/2006)
04/21/200620Fine Paid in the amount of $2,084.00 by LaRosa Fuel Company, Inc. RECEIPT #: 050048 (ejh, ) . (Entered: 04/21/2006)
05/01/200621 MOTION For Order Requiring Examination of Judgment Debtor by USA as to LaRosa Fuel Company, Inc.. (McGonigal, Alan) (Entered: 05/01/2006)
05/02/200622ORDER granting 21 Motion for Order requiring examination of judgment debtor 6/28/06 9:30 am Clarksburg as to LaRosa Fuel Company, Inc. (1). Signed by Judge John S. Kaull on 5/2/06. (copy 2406, 24AD) (jcs) (Entered: 05/02/2006)
05/05/200623Fine Paid in the amount of $2084.00 by LaRosa Fuel Company, Inc. RECEIPT #: 50080. (cnd) (Entered: 05/05/2006)
05/08/200624Fine Paid in the amount of $2084.00 by LaRosa Fuel Company, Inc. RECEIPT # 050080. (jcs) (Entered: 05/08/2006)
06/20/200625Fine Paid in the amount of $4168.00 by LaRosa Fuel Company, Inc. RECEIPT #: 50258. (cnd) (Entered: 06/20/2006)
06/23/200626Fine Paid in the amount of $4168.00 by LaRosa Fuel Company, Inc. RECEIPT #: 50264. (cnd) (Entered: 06/23/2006)
06/23/200627Order for Appearance of Judgment Debtor 22 returned excused by USM on behalf of USA as to LaRosa Fuel Company, Inc. (jcs) (Entered: 06/26/2006)
07/21/200628Fine Paid in the amount of $2084.00 by LaRosa Fuel Company, Inc. RECEIPT #: 50363. (cnd) (Entered: 07/21/2006)
08/25/200629Fine Paid in the amount of $2084.00 by LaRosa Fuel Company, Inc. RECEIPT #: 50482. (cnd) (Entered: 08/25/2006)
09/18/200630Fine Paid in the amount of $2084.00 by LaRosa Fuel Company, Inc. RECEIPT #: 50576. (cnd) (Entered: 09/18/2006)
10/27/200631Fine Paid in the amount of $2084.00 by LaRosa Fuel Company, Inc. RECEIPT #: 50729. (cnd) (Entered: 10/27/2006)
11/27/200632Fine Paid on 11/22/06 in the amount of $2084.00 by LaRosa Fuel Company, Inc. RECEIPT #: 50826. (cnd) (Entered: 11/27/2006)
12/28/200633Fine Paid in the amount of $2084.00 by LaRosa Fuel Company, Inc. RECEIPT #: 50946. (cnd) (Entered: 12/28/2006)
01/24/200734Fine Paid in the amount of $100.00 by LaRosa Fuel Company, Inc. RECEIPT #: 51048. (cnd) (Entered: 01/24/2007)
03/01/200735Fine Paid in the amount of $2084.00 by LaRosa Fuel Company, Inc. RECEIPT #: 51180. (cnd) (Entered: 03/01/2007)
03/30/200736FINE Paid in the amount of $2,084.00 by LaRosa Fuel Company, Inc. RECEIPT #: 051292 (ejh, ) (Entered: 03/30/2007)
05/01/200737Fine Paid in the amount of $2084.00 by LaRosa Fuel Company, Inc. RECEIPT #: 51411. (cnd) (Entered: 05/01/2007)
06/08/200738Fine Paid in the amount of $2084.00 by LaRosa Fuel Company, Inc. RECEIPT #: 51566. (cnd) (Entered: 06/08/2007)
06/19/200739Report and ORDER Termination Probation/Supervised Release: ORDERED that the defendant be discharged from probation/supervised release and the proceedings be terminated as to LaRosa Fuel Company, Inc. Signed by Judge Robert E. Maxwell on 6/19/07. (jss ) (Entered: 06/19/2007)
06/22/200740Fine Paid in the amount of $2084.00 by LaRosa Fuel Company, Inc. RECEIPT #: 51624. (cnd) (Entered: 06/22/2007)
08/02/200741Fine Paid in the amount of $2068.00 by LaRosa Fuel Company, Inc. RECEIPT #: 51766. (cnd) (Entered: 08/02/2007)
10/03/200742NOTICE (Satisfaction of Judgment) by USA as to LaRosa Fuel Company, Inc. re 12 Judgment Returned Executed (McGonigal, Alan) (Entered: 10/03/2007)