CASREF,CLOSED

United States District Court
District of Massachusetts (Boston)
CRIMINAL DOCKET FOR CASE #: 1:00-cr-10017-EFH All Defendants


Case title: USA v. NMC Homecare. Inc., et al

Date Filed: 01/19/2000
Date Terminated: 02/03/2000

Assigned to: Senior Judge Edward F. Harrington

Defendant (1)
NMC Homecare. Inc.
TERMINATED: 02/03/2000
represented byBreckinridge L. Willcox
Arent Fox Kintner Plokin & Kahn, PLLC
1050 Connecticut Avenue, N.W.
Washington, DC 20036-5339
202-857-6000
TERMINATED: 02/03/2000
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Harold Damelin
Powers, Pyles, Sutter & Verville, P.C.
1875 Eye Street, N.W.
Twelfth Floor
Washington, DC 20006-5409
202-466-6550
TERMINATED: 02/03/2000
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Jonathan Chiel
John Hancock Financial Services, Inc.
200 Clarendon Street T-30
Boston, MA 02116
617-572-4242
Fax: 617-572-9125
Email: jchiel@jhancock.com
TERMINATED: 02/03/2000
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:371-conspiracy to defraud the united states relating to IDPN
(1)
Defendant pleaded guilty to Count 1. Defendant shall pay a fine of $49,345,698.00 and special assessment of $400.00. Fine to be paid as follows: $24,385.000.00 shall be paid within fifteen days of sentencing, $12,480,340.00 shall be paid on/before 4/16/01 and $12,480,349.00 shall be paid on/before 7/16/01; Defendant is ordered to pay interest on that portion of the fine which is not paid on/before the 15th day after the Court enters judgment in this matter. cc/cl

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Senior Judge Edward F. Harrington

Defendant (2)
Lifechem, Inc.
TERMINATED: 02/03/2000
represented byBreckinridge L. Willcox
(See above for address)
TERMINATED: 02/03/2000
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Harold Damelin
(See above for address)
TERMINATED: 02/03/2000
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Jonathan Chiel
(See above for address)
TERMINATED: 02/03/2000
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:286--CONSPIRACY TO DEFRAUD THE UNITED STATES BY OBTAINING PAYMENT OF FALSE OR FRAUDULENT CLAIMS
(2)
Defendant pleaded guilty to Count 2. Defendant shall pay a fine in the amount of $36,640,000.00 and special assessment of $400.00. Fine to be paid as follows: $18,105,000.00 shall be paid within 15 days of sentencing, $9,267,500.0 0 shall be paid on/before 4/16/01 and $9,267,500.00 shall be paid on/before 7/16/01; Defenant shall pay interest on that portion of the fine which is not paid on/before the 15th day after the Court enters judgment in this matter. cc/cl

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Senior Judge Edward F. Harrington

Defendant (3)
NMC Medical Products, Inc.
TERMINATED: 02/03/2000
represented byBreckinridge L. Willcox
(See above for address)
TERMINATED: 02/03/2000
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Harold Damelin
(See above for address)
TERMINATED: 02/03/2000
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Jonathan Chiel
(See above for address)
TERMINATED: 02/03/2000
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:371-- CONSPIRACY TO COMMIT AN OFFENSE
(3)
Defendant pleaded guilty to Count 3. Defendant shall pay a fine in the amount of $15,200,000.00 with special assessment of $400.00. Fine to be paid as follows: $7,510,000.00 shall be paid with 15 days of sentencing, $3,845,000.00 shall be paid on/before 4/16/01 and $3,845,000.00 shall be paid on/before 7/16/01; Defenant to pay interes on that portion of the fine which is not paid on/before the 15th day after the Court enters judgment in this matter. cc/cl

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byPeter A. Mullin
Office of the Attorney General
Trial Division
One Ashburton Place
18th Floor
Boston, MA 02108
617-727-2200 x. 2622
Fax: 617-727-2008
Email: peter.mullin@state.ma.us
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Susan G. Winkler
United States Attorney's Office
John Joseph Moakley Federal Courthouse
1 Courthouse Way
Suite 9200
Boston, MA 02210
617-748-3270
Fax: 617-748-3675
Email: susan.winkler@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
01/19/2000Felony Information received for filing . NMC Homecare. Inc. (1) count(s) 1, Lifechem, Inc. (2) count(s) 2, NMC Medical Products (3) count(s) 3 (sad) (Entered: 01/19/2000)
01/19/2000 Judge Edward F. Harrington Referral to Mag. Judge Lawrence P. Cohen as to NMC Homecare. Inc., Lifechem, Inc., NMC Medical Products . Purpose: pretrial (sad) (Entered: 01/19/2000)
02/02/2000MOTION by NMC Homecare. Inc., Lifechem, Inc., NMC Medical Products for Harold Damelin to appear pro hac vice fee status: paid fee amt: $50.00 Receipt #: 19968 , filed. (seh) (Entered: 02/03/2000)
02/02/2000AFFIDAVIT of Harold Damelin, , re: [2-1] motion for Harold Damelin to appear pro hac vice fee status: paid fee amt: $50.00 Receipt #: 19968 , filed. (seh) (Entered: 02/03/2000)
02/02/2000  Judge Edward F. Harrington . ENDORSED ORDER as to NMC Homecare. Inc., Lifechem, Inc., NMC Medical Products : granting [2-1] motion for Harold Damelin to appear pro hac vice fee status: paid fee amt: $50.00 Receipt #: 19968 as to NMC Homecare. Inc. (1), Lifechem, Inc. (2), NMC Medical Products (3). SO ORDERED. cc/cl (seh) (Entered: 02/03/2000)
02/02/2000MOTION by NMC Homecare. Inc., Lifechem, Inc., NMC Medical Products for Breckinridge L. Willcox to appear pro hac vice fee status: paid fee amt: $50.00 Receipt #: 19967 , filed. (seh) (Entered: 02/03/2000)
02/02/2000AFFIDAVIT of Breckinridge L. Willcox, , re: [4-1] motion for Breckinridge L. Willcox to appear pro hac vice fee status: paid fee amt: $50.00 Receipt #: 19967 , filed. (seh) (Entered: 02/03/2000)
02/02/2000  Judge Edward F. Harrington . ENDORSED ORDER as to NMC Homecare. Inc., Lifechem, Inc., NMC Medical Products : granting [4-1] motion for Breckinridge L. Willcox to appear pro hac vice fee status: paid fee amt: $50.00 Receipt #: 19967 as to NMC Homecare. Inc. (1), Lifechem, Inc. (2), NMC Medical Products (3). SO ORDERED. cc/cl (seh) (Entered: 02/03/2000)
02/02/2000Resolutions adopted by the Board of Directors by NMC Homecare. Inc., filed (seh) (Entered: 02/03/2000)
02/02/2000Resolutions adopted by the Board of Directors by Lifechem, Inc. filed (seh) (Entered: 02/03/2000)
02/02/2000Resolutions adopted by the Board of Directors by NMC Medical Products, filed (seh) (Entered: 02/03/2000)
02/02/2000 Initial appearance as to NMC Homecare. Inc., Lifechem, Inc., NMC Medical Products held (Defendant informed of rights.) (seh) (Entered: 02/03/2000)
02/02/2000WAIVER OF INDICTMENT by NMC Homecare. Inc. , filed. (seh) (Entered: 02/03/2000)
02/02/200010 WAIVER OF INDICTMENT by Lifechem, Inc. , filed. (seh) (Entered: 02/03/2000)
02/02/200011 WAIVER OF INDICTMENT by NMC Medical Products , filed. (seh) (Entered: 02/03/2000)
02/02/2000 INFORMATION filed as to NMC Homecare. Inc., Lifechem, Inc., NMC Medical Products (seh) (Entered: 02/03/2000)
02/02/200012 Letter (non-motion) filed by USA as to NMC Homecare. Inc. , dated: 1/13/00, re: plea agreement. (seh) (Entered: 02/03/2000)
02/02/200013 Letter (non-motion) filed by USA as to Lifechem, Inc. , dated: 1/13/00, re: plea agreement. (seh) (Entered: 02/03/2000)
02/02/200014 Letter (non-motion) filed by USA as to NMC Medical Products , dated: 1/13/00, re: plea agreement. (seh) (Entered: 02/03/2000)
02/02/2000 Arraignment as to NMC Homecare. Inc., Lifechem, Inc., NMC Medical Products held NMC Homecare. Inc. (1) count(s) 1, Lifechem, Inc. (2) count(s) 2, NMC Medical Products (3) count(s) 3 . (seh) (Entered: 02/03/2000)
02/02/2000 PLEA entered by NMC Homecare. Inc., Lifechem, Inc., NMC Medical Products . Court accepts plea. Guilty: NMC Homecare. Inc. (1) count(s) 1, Lifechem, Inc. (2) count(s) 2, NMC Medical Products (3) count(s) 3 (seh) (Entered: 02/03/2000)
02/02/2000 Sentencing held NMC Homecare. Inc. (1) count(s) 1, Lifechem, Inc. (2) count(s) 2, NMC Medical Products (3) count(s) 3 . (seh) (Entered: 02/03/2000)
02/02/200015  Judge Edward F. Harrington . CLERK'S NOTES as to NMC Homecare. Inc., Lifechem, Inc., NMC Medical Products , re: Plea and disposition; U.S. Letter of 1/13/00 filed; Defendant Corporations filed waivers of indictment & Corporate Resolutions for pleas; Defendant #1 entered plea of guilty as to Count 1; Court accepts plea; Court ordered a fine in the amount of $49,345,698.00 with special assessment of $400.00. Defendant #2 entered plea of guilty as to Count 2; Court accepts plea; Court ordered a fine in the amount of $36,640.000.00 with a special assessment of $400.00. Defendant #3 entered plea of guilty as to Count 3; Court accepts plea; Court ordered a fine in the amount of $15,200,000.00 with special assessment of $400.00. Court Reporter: PCP (seh) (Entered: 02/03/2000)
02/02/200016  Judge Edward F. Harrington . JUDGMENT entered NMC Homecare. Inc. (1) count(s) 1. Defendant pleaded guilty to Count 1. Defendant shall pay a fine of $49,345,698.00 and special assessment of $400.00. Fine to be paid as follows: $24,385.000.00 shall be paid within fifteen days of sentencing, $12,480,340.00 shall be paid on/before 4/16/01 and $12,480,349.00 shall be paid on/before 7/16/01; Defendant is ordered to pay interest on that portion of the fine which is not paid on/before the 15th day after the Court enters judgment in this matter. cc/cl (seh) (Entered: 02/03/2000)
02/02/200017  Judge Edward F. Harrington . JUDGMENT entered Lifechem, Inc. (2) count(s) 2. Defendant pleaded guilty to Count 2. Defendant shall pay a fine in the amount of $36,640,000.00 and special assessment of $400.00. Fine to be paid as follows: $18,105,000.00 shall be paid within 15 days of sentencing, $9,267,500.00 shall be paid on/before 4/16/01 and $9,267,500.00 shall be paid on/before 7/16/01; Defenant shall pay interest on that portion of the fine which is not paid on/before the 15th day after the Court enters judgment in this matter. cc/cl (seh) (Entered: 02/03/2000)
02/02/200018  Judge Edward F. Harrington . JUDGMENT entered NMC Medical Products (3) count(s) 3. Defendant pleaded guilty to Count 3. Defendant shall pay a fine in the amount of $15,200,000.00 with special assessment of $400.00. Fine to be paid as follows: $7,510,000.00 shall be paid with 15 days of sentencing, $3,845,000.00 shall be paid on/before 4/16/01 and $3,845,000.00 shall be paid on/before 7/16/01; Defenant to pay interes on that portion of the fine which is not paid on/before the 15th day after the Court enters judgment in this matter. cc/cl (seh) (Entered: 02/03/2000)
02/03/2000 **JS3 Closing Card for NMC Homecare. Inc. Terminated Defendant NMC Homecare. Inc. (seh) (Entered: 02/03/2000)
02/03/2000 **JS3 Closing Card for Lifechem, Inc. Terminated Defendant Lifechem, Inc. (seh) (Entered: 02/03/2000)
02/03/2000 **JS3 Closing Card for NMC Medical Products Terminated Defendant NMC Medical Products (seh) (Entered: 02/03/2000)
02/03/2000 Case closed as to all defendants, as to NMC Homecare. Inc., Lifechem, Inc., NMC Medical Products (seh) (Entered: 02/03/2000)