CLOSED

U.S. District Court
Southern District of New York (Foley Square)
CRIMINAL DOCKET FOR CASE #: 1:00-cr-00592-DC-1


Case title: USA v. Loeb & Mayer Inc.

Date Filed: 06/01/2000
Date Terminated: 10/01/2001

Assigned to: Judge Denny Chin

Defendant (1)
Loeb & Mayer Inc.
Loeb & Mayer, Inc.
TERMINATED: 11/05/2001
represented byKenneth Ian Schacter
Richard & O'Neil
885 Third Avenue
New York, NY 10022
(212) 207-1200
TERMINATED: 11/05/2001
LEAD ATTORNEY
Designation: Retained

Pending Counts

Disposition
15:1.F ANTITRUST VIOLATIONS-15:1 Sherman Act Conspiracy
(1)
Probation: 60 months. Restitution: $2,100,000.
15:1.F ANTITRUST VIOLATIONS-15:1 Sherman Act Conspiracy
(2)
Probation: 60 months. Restitution: $2,100,000.
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES-18:371 Conspiracy to Commit Mail Fraud and Tax Evasion
(3)
Probation: 60 months. Restitution: $2,100,000.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byRalph T. Giordano
U.S. Dept of Justice
26 Federal Plaza
New York, NY 10278
(212) 264-0383
LEAD ATTORNEY

Date Filed #Docket Text
06/01/2000WAIVER OF INDICTMENT by Loeb & Mayer Inc. (mb) Modified on 11/05/2001 (Entered: 06/05/2000)
06/01/2000NOTICE of Appearance for Loeb & Mayer Inc. by Attorney Kenneth I. Schacter. (bw) (Entered: 06/07/2000)
06/01/2000  CASE ASSIGNED to Judge William H. Pauley III. (bw) (Entered: 06/07/2000)
06/01/2000INFORMATION - Felony as to Loeb & Mayer Inc. (1) count(s) 1, 2, 3 (rag) (Entered: 11/05/2001)
06/01/2000  Arraignment as to Loeb & Mayer Inc. held Loeb & Mayer Inc. (1) count(s) 1, 2, 3 before Magistrate Judge Kevin Nathaniel Fox. Deft. (by Barry Meyer) present with atty Mr. Schacter. Deft. pleads not guilty to information, waives indictment, Judge Pauley assigned for all purposes. (rag) (Entered: 11/05/2001)
06/01/2000  PLEA entered by Loeb & Mayer Inc. . Court accepts plea. Not Guilty: Loeb & Mayer Inc. (1) count(s) 1, 2, 3 (rag) (Entered: 11/05/2001)
06/02/2000ORDER as to Loeb & Mayer Inc., reset pre-trial conference for 11:00 6/14/00 for Loeb & Mayer Inc. , and Time is excluded from 6/1/00 to 6/14/00 pursuant to the Speedy Trial Act and to Continue in Interests of Justice ( Signed by Judge William H. Pauley III ); Copies mailed. (mb) (Entered: 06/07/2000)
06/14/2000  Change of Plea Hearing as to Loeb & Mayer Inc. held. Deft. present with atty Kenneth I. Schacter, AUSA present Elizabeth B. Prewit and Douglas Tween, Court Reporter present. Tom Murray, deft. waives reading of information, deftt. withdraws a plea of not guilty and enters a plea of guilty to count one, count two, and count three of the information. PSI ordered. Sentencing set for 12/15/00, at 2:30 p.m., bail continued. (rag) (Entered: 11/05/2001)
06/14/2000  Change of Not Guilty Plea to Guilty Plea by Loeb & Mayer Inc. Loeb & Mayer Inc. (1) count(s) 1, 2, 3 (rag) (Entered: 11/05/2001)
06/14/2000  PLEA entered by Loeb & Mayer Inc. . Court accepts plea. Guilty: Loeb & Mayer Inc. (1) count(s) 1, 2, 3 (rag) (Entered: 11/05/2001)
06/14/2000  Court Orders pre-sentence investigation as to Loeb & Mayer Inc. (rag) (Entered: 11/05/2001)
06/14/2000  Sentencing set for 2:30 12/15/00 for Loeb & Mayer Inc. , Loeb & Mayer Inc. (1) count(s) 1, 2, 3 (rag) (Entered: 11/05/2001)
06/15/2000LETTER filed by Loeb & Mayer Inc. as to Loeb & Mayer Inc. From Kenneth I. Schacter, Esq., Dated 6/12/00, Addressed to: Judge Pauley, III Re: Representation of the Loeb & Mayer, Inc. and its President, Barry Mayer. (mb) (Entered: 06/15/2000)
06/15/2000LETTER filed by USA as to Loeb & Mayer Inc. From Elizabeth Prewitt, Antitrust, Dated 6/7/00, Addressed to: Judge Pauley, III. Re: In reponse to the Court's request that the government provide a suggested outline of questions to be used by the Court in its examination of the two dfts. in this case. (mb) (Entered: 06/15/2000)
08/03/2000TRANSCRIPT of record of proceedings as to Loeb & Mayer Inc. for dates of 6/14/00 before Judge Pauley. (mb) (Entered: 08/03/2000)
12/11/2000Filed Memo-Endorsement on letter addressed to Judge Pauley, III from Elizabeth B. Prewitt, Esq., counsel for Loeb & Mayer Inc., dated 12/5/00. Re: Request for an adjournment. Application granted; reset Sentencing for 2:30 1/8/01 for Loeb & Mayer Inc. ( Signed by Judge William H. Pauley III). (mb) (Entered: 12/11/2000)
06/04/2001Filed Memo-Endorsement on letter to Judge Pauley dated 5/30/01 from Mary Anne F. Carnival as to Loeb & Mayer Inc., Reset sentencing for 2:30 10/5/01 for Loeb & Mayer Inc...Letter application granted. Sentencing is adjourned to 10/5/01 at 2:30 p.m. ( Signed by Judge William H. Pauley III ); Copies mailed. (ph) (Entered: 06/04/2001)
06/15/2001  CASE Reassigned to Judge Denny Chin (gmo) Modified on 07/19/2001 (Entered: 07/16/2001)
10/01/2001  Sentencing held Loeb & Mayer Inc. (1) count(s) 1, 2, 3 (ph) (Entered: 11/06/2001)
11/05/200110 FILED JUDGMENT IN A CRIMINAL CASE. (For offenses committed on or after November 1, 1987). The defendant Loeb & Mayer Inc. (1) pleaded guilty to count(s) 1,2,3. Special assessment: $1,200. Probation: 60 months. Restitution: $2,100,000. The above drug testing condition is suspended based on the court's determination that the defendant poses a low risk of future substance abuse. The defendant shall not possess a firearm. Special conditions of supervision. The defendant shall not make restitution as set forth below. The defendant shall provide the probation officer with access to any requested financial information. The defendant shall not incur new credit charges or open additional lines of credit without the approval of the probation officer. Judgment and Commitment issued to U.S. Marshal ( Signed by Judge Denny Chin ). Docketed as a Judgment #01,2024 on 11/7/01. (ph) Modified on 11/08/2001 (Entered: 11/06/2001)
11/07/2001  Payment of Fine by Loeb & Mayer Inc. in the amount of $1,200.00: Date Received: 11/7/01. (mn) (Entered: 11/07/2001)
12/04/2001  TRANSCRIPT of record of proceedings as to Loeb & Mayer Inc. for dates of 10/10/01, before Judge Denny Chin . Document number 11 in 00cr593. (moc) (Entered: 12/04/2001)
02/19/200211 FILED AMENDED JUDGMENT in a CRIMINAL CASE: (For Offenses Committed On or After November 1, 1987). *Reason for Amendment: Correction of sentence for Clerical Mistake (Fed. R. Crim. P.): Probation Five (5) Years. Special Assessment: $300.00, due immediately. The drug testing condition is suspended based on the court's determination that the defendant poses a low risk of future substance abuse. The defendant shall not possess a firearm. The defendant shall make restitution as set forth below. The deft. shall provide the probation officer with access to any requested financial information. The deft. shall not incur new credit charges or open additional lines of credit without the approval of the probation officer. Restitution of $12,500,000.00 is to be paid as follows: 1. $200,000 to the ten entities other than the NYCBOE listed above, in the amounts set forth above, within 30 days hereof, jointly and severally with co-defendant Barry Mayer; 2. $12,300,000 to the NYCBOE, jointly and severally with all co-defendants, as follows: a) $800,000, within 30 days hereof, jointly and severally with co-defendant Barry Mayer; b) $400,000, within one year after entry of this judgment, jointly and severally with co-defendant Barry Mayer; and c) the balance on or before August 20, 2006, with credit given for all payments by any and all co-defendants, on a pro rata basis among all co-defendants with assets. 3. All payments are without interest. ORIGINAL JUDGMENT: Defendant Loeb & Mayer Inc. (1) plead GUILTY to count(s) 1, 2, 3. Probation: 60 months. Restitution: $2,100,000. (Signed by Judge Denny Chin). Docketed as a Judgment, #01,2024, on 3/1/02. (jb) Modified on 03/04/2002 (Entered: 02/28/2002)
08/28/2006  ORDER as to Loeb & Mayer Inc. Ordered that a hearing shall be held on Thursday, 8/31/06 @ 10am. in courtroom 11B, 500 pearl Street, NY, NY 10007, in order to determine how the balance of the restitution order in the amount of $12.3 million, which has not been paid, should be allocated among defts. so ordered. (Original document #143 filed in 00cr583). (Signed by Judge Denise L. Cote on 8/25/06)(pr, ) (Entered: 08/29/2006)
08/28/2006  Set/Reset Hearings as to Loeb & Mayer Inc.:Hearing set for 8/31/2006 10:00 AM before Judge Denny Chin..(pr, ) (Entered: 08/29/2006)
08/29/2006  ORDER as to Loeb & Mayer Inc.. Ordered that the hearing to be held on Thursday, 8/31/06 @ 10am. has now been re-scheduled for Tuesday, August 29, @ 10am, in courtroom 11B, 500 pearl Street, NY, NY 10007, The hearing will determine how the balance of the restitution order in the amount of $12.3 million, which has not been paid, should be allocated among defts. so ordered. (Original document #144 filed in 00cr583) (Signed by Judge Denise L. Cote on 8/28/06)(pr, ) (Entered: 08/30/2006)
08/29/2006  Set/Reset Hearings as to Loeb & Mayer Inc.:Hearing set for 8/29/2006 10:00 AM before Judge Denise L. Cote..(pr, ) (Entered: 08/30/2006)
09/01/2006  ORDER as to Loeb & Mayer Inc. It is ORDERED that within ten business days, the below - named defts pay the additional restitution indicated for the benefit of the Board of Education of the City of New York: In the event any deft fails to make his additional payment within ten business days, the Goverment may proceed immediately to take all reasonable and lawful steps necessary to collect any of the $953,700 that remains due and owing, from any deft or defts against whom the obligation to make payment was imposed jointly and severally. SO ORDERED. Refer to 00 cr 583 Document #145 (Signed by Judge Denise L. Cote on 8/31/06)(jw, ) (Entered: 09/05/2006)
02/28/200712 SATISFACTION OF JUDGMENT as to Loeb & Mayer Inc. in the amount of $12,500,000. WHEREAS, a transcript of judgment was docketed on 9/20/02, in the Office of Clerk of the Supreme Court of the State of New York, County of New York, against Loeb & Mayer Inc. for the sum of $12,500,000 pursuant to a judgment issued in U.S. v. Loeb & Mayer Inc., Docket No. 00CR592-01(DC), in the U.S.D.C. for the S.D.N.Y., of which $12,300,000 of said judgment is in favor of the City of New York and/or the New York City Board of Education and has been fully paid;... NOW, THEREFORE, full satisfaction of said judgment is hereby acknowledged, and the said Clerks are hereby authorized and directed to make an entry of full satisfaction on the docket of the said judgment. (bw) (Entered: 03/02/2007)