USA v. Lambert's Asbestos Removal Service, Inc.

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 by	Thomas 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 by	Craig 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
10/13/2005	1	INDICTMENT as to Lambert's Asbestos Removal Service, Inc. (1) count(s) 1, 2-4. (mnm) (Entered: 10/14/2005)
10/13/2005	2	Minute 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)
10/27/2005	3	Minute 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)
11/02/2005	4	NOTICE OF ATTORNEY APPEARANCE: Thomas R. Smith appearing for Lambert's Asbestos Removal Service, Inc. (Smith, Thomas) (Entered: 11/02/2005)
11/02/2005	5	WAIVER 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)
11/02/2005	6	CRIMINAL 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)
11/02/2005	7	ORDER 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)
12/01/2005	8	Letter 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)
12/01/2005	9	Certificate of Service by USA as to Lambert's Asbestos Removal Service, Inc. re 8 Letter Request (Benedict, Craig) (Entered: 12/01/2005)
12/05/2005	10	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)
01/11/2006	11	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)
03/10/2006	12	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)
04/25/2006	13	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)
05/04/2006	14	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)
05/04/2006	15	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)
05/04/2006	16	PLEA AGREEMENT : filed as to Lambert's Asbestos Removal Service, Inc. (jmb) (Entered: 05/04/2006)
05/15/2006	17	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)