CLOSED

U.S. District Court
Northern District of New York - Main Office (Syracuse) [LIVE - Version 5.0.3] (Syracuse)
CRIMINAL DOCKET FOR CASE #: 5:05-cr-00475-TJM-1


Case title: USA v. Lambert's Asbestos Removal Service, Inc.

Date Filed: 10/13/2005
Date Terminated: 05/15/2006

Assigned to: Senior Judge Thomas J. McAvoy

Defendant (1)
Lambert's Asbestos Removal Service, Inc.
TERMINATED: 05/15/2006
represented byThomas R. Smith
Bond, Schoeneck Law Firm - Syracuse
One Lincoln Center
Syracuse, NY 13202
315-218-8000
Fax: 315-218-8100
Email: smithtr@bsk.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
CONSPIRACY TO DEFRAUD THE UNITED STATES - from on or about January 2001 through the present, the deft did knowingly committ offenses against the US that violate the Clean Air Act
(1)
Deft sentenced to immediately pay $100,000.00 fine and a $400.00 special assessment

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
FEDERAL ENFORCEMENT PROCEDURES, PENALTY - on or about February 26, 2001, violated a NESHAP's asbestos work practice standard with regard to regulated asbestos containing material.
(2-4)
Remaining counts are dismissed on Govt motion

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byCraig A. Benedict
Office of the United States Attorney - Syracuse
P.O. Box 7198
100 South Clinton Street
Syracuse, NY 13261-7198
315-448-0672
Fax: 315-448-0658
Email: craig.benedict@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
10/13/2005INDICTMENT as to Lambert's Asbestos Removal Service, Inc. (1) count(s) 1, 2-4. (mnm) (Entered: 10/14/2005)
10/13/2005Minute Entry for proceedings held before Judge David E. Peebles :GRAND JURY makes a partial report and returns Indictment. Tally Sheet is ordered sealed. (Steno: S. Byrne) (mnm) (Entered: 10/14/2005)
10/27/2005Minute Entry for proceedings held before Judge David E. Peebles : APPR: C. Benedict for USA, T. Smith for deft; Atty Smith was not authorized to appear on behalf of deft; not guilty plea entered; Judge adjourns arraignment to give the deft time to obtain counsel; Speedy Trial clock will not run until the Waiver is filed or an arraignment is held; Initial Appearance as to Lambert's Asbestos Removal Service, Inc., held on 10/27/2005, Arraignment set for 11/3/2005 10:00 AM in Syracuse before Magistrate Judge David E. Peebles. (CRD S. Lazzaro) (mnm) (Entered: 10/28/2005)
11/02/2005NOTICE OF ATTORNEY APPEARANCE: Thomas R. Smith appearing for Lambert's Asbestos Removal Service, Inc. (Smith, Thomas) (Entered: 11/02/2005)
11/02/2005WAIVER of Personal Appearance at Arraignment and Entry of Plea of Not Guilty by Lambert's Asbestos Removal Service, Inc. (Attachments: # 1 Supplement Written Consent of Sole Shareholder and Director of Lambert's Asbestos)(Smith, Thomas) (Entered: 11/02/2005)
11/02/2005CRIMINAL PRETRIAL SCHEDULING ORDER as to Lambert's Asbestos Removal Service, Inc., Motions to be filed by 11/30/2005. Jury Trial set for 1/3/2006 10:00 AM in Binghamton before Judge Thomas J. McAvoy, signed by Judge Thomas J. McAvoy on 11/2/05. (mnm) (Entered: 11/03/2005)
11/02/2005ORDER APPROVING WAIVER of Personal Appearance at Arraignment and Entry of Plea of Not Guilty by Lambert's Asbestos Removal Service, Inc., signed by Magistrate David E. Peebles, on November 2, 2005. (mnm) Modified on 11/9/2005 to reflect Order & date (mnm). (Entered: 11/03/2005)
12/01/2005Letter from AUSA Craig A. Benedict for USA requesting approval of proposed order (Attachments: # 1 Proposed Order/Judgment Stipulation and Proposed Order for Continuance)(Benedict, Craig) (Entered: 12/01/2005)
12/01/2005Certificate of Service by USA as to Lambert's Asbestos Removal Service, Inc. re 8 Letter Request (Benedict, Craig) (Entered: 12/01/2005)
12/05/200510 STIPULATION/ORDER TO CONTINUE - Ends of Justice as to Lambert's Asbestos Removal Service, Inc. Time excluded from 12/3/05 until 1/16/06. Jury Trial set for 1/30/2006 at 10:00 AM in Binghamton before Judge Thomas J. McAvoy. Motions to be filed by 1/14/2006 and shall be made returnable on 2/13/06. Signed by Judge Thomas J. McAvoy on 12/3/05. (amt, ) (Entered: 12/05/2005)
01/11/200611 ORDER TO CONTINUE - Ends of Justice as to Lambert's Asbestos Removal Service, Inc. Time excluded from 1/11/06 until 2/24/06. Jury Trial set for 3/20/2006 at 10:00 AM in Binghamton before Judge Thomas J. McAvoy. Motions to be filed by 2/24/2006 and made returnable on 4/10/06 in Albany at 10:00am. Signed by Judge Thomas J. McAvoy on 1/11/06. (amt, ) (Entered: 01/11/2006)
03/10/200612 STIPULATION/ORDER TO CONTINUE under Ends/Justice 18:3161(h)(8)(A) as to Lambert's Asbestos Removal Service, Inc. excluding 45 days from date/order; and, resetting Motion Filing ddl 4/21/06 w/ motions t/b/m ret at 5/26/06 MC; and, resetting Jury Trial for 5/1/2006 at 10:00 AM in Binghamton, NY before Judge McAvoy; Signed by Judge Thomas J. McAvoy dtd 3/09/06 (cml) (Entered: 03/10/2006)
04/25/200613 COURT NOTICE as to Lambert's Asbestos Removal Service, Inc. dtd 4/25/06 setting Video-Conf Change of Plea Hearing for 5/4/2006 at 9:30 AM in Binghamton, NY before Senior Judge McAvoy w/ parties present in Syracuse, NY(cml) (Entered: 04/25/2006)
05/04/200614 Minute Entry: VIDEO-CONF CHANGE OF PLEA & SENTENCING as to Lambert's Asbestos Removal Service, Inc. held 5/04/06 bef Judge McAvoy in Binghamton, NY (w/ Syracuse, NY): APP: AUSA Craig Benedict for Govt; Thomas R. Smith, Esq. for Deft Corporation; CR: V. Theleman; CRD/cml. Atty Smith o/b/o deft chg/plea to GUILTY to Ct 1 of Indictment; Court accepts plea. Parties waive PSR & request immediate sentencing. Court makes findings upon record re: its ability to proceed into sentencing. Deft sentenced on Ct 1 & fined $100,000.00 due immediately. Special Assessment $400.00. No other costs imposed. Parties advised appeal rights. Remaining cts 2-4 dismissed upon Govt motion. (cml) (Entered: 05/04/2006)
05/04/200615 NOTICE OF WRITTEN CONSENT: filed by the sole shareholder of Lambert's Asbestos Removal Service, Inc., regarding the plea agreement. (jmb) (Entered: 05/04/2006)
05/04/200616 PLEA AGREEMENT : filed as to Lambert's Asbestos Removal Service, Inc. (jmb) (Entered: 05/04/2006)
05/15/200617 JUDGMENT as to Lambert's Asbestos Removal Service, Inc. on Count 1, Deft sentenced to immediately pay $100,000.00 fine and a $400.00 special assessment; Remaining counts 2-4 are dismissed on Govt motion. Signed by Judge Thomas J. McAvoy on 5/13/06. (amt, ) (Entered: 05/15/2006)