CLOSED, RELATED-G


UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA (Western Division - Los Angeles)
CRIMINAL DOCKET FOR CASE #: 2:08-cr-01394-PSG-2


Case title: USA v. Kaplan et al

Date Filed: 12/03/2008
Date Terminated: 03/04/2009

Assigned to: Judge Philip S. Gutierrez

Defendant (2)
Los Angeles Drum & Barrel Company
TERMINATED: 03/04/2009
represented byGeorge B Newhouse , Jr
Brown White & Newhouse LLP
333 South Hope Street 40th Fl
Los Angeles, CA 90071-1406
213-613-0500
Fax: 213-613-0550
Email: gnewhouse@brownwhitelaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
33:1311(a) AND 1319(c)(2)(A)KNOWING DISCHARGE OF POLLUTANTS INTO A PUBLICLY OWNED TREATMENT WORKS
(2)
Defendant is hereby placed on Probation on Counts Two and Four of the Four-Count Information, all such terms to run concurrently under the terms and conditions of the U.S. Probation Office and General Order 318. Special assessment of $800. Restitution of $52,288.43 to victims as set forth in a separate victim list prepared by the Probation Office which this Court adopts and which reflects the Court's determinateion of the amount of restitution due to each victim. Restitution shall be paid in full no later than 60 days from the date of sentencing. Fine of $447, 711.43. $300,000 to be made payable to Clerk of this Court within 90 days. Fine consists of $150,000 on each of Counts 2 and 4. Defendant shall comply with General Order No. 01-05.
49:5124;18:2(b)ILLEGAL TRANSPORTATION OF HAZARDOUS MATERIALS; CAUSING AN ACT TO BE DONE
(4)
Defendant is hereby placed on Probation on Counts Two and Four of the Four-Count Information, all such terms to run concurrently under the terms and conditions of the U.S. Probation Office and General Order 318. Special assessment of $800. Restitution of $52,288.43 to victims as set forth in a separate victim list prepared by the Probation Office which this Court adopts and which reflects the Court's determinateion of the amount of restitution due to each victim. Restitution shall be paid in full no later than 60 days from the date of sentencing. Fine of $447, 711.43. $300,000 to be made payable to Clerk of this Court within 90 days. Fine consists of $150,000 on each of Counts 2 and 4. Defendant shall comply with General Order No. 01-05.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
42:6928(d)(2)(A)STORAGE OF HAZARDOUS WASTE WITHOUT A PERMIT
(3)
On Government's motion, all remaining counts are Ordered dismissed.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byJoseph O Johns
AUSA - Office of US Attorney
Criminal Division - US Courthouse
312 North Spring Street 12th Floor
Los Angeles, CA 90012-4700
213-894-2434
Fax: 213-894-4300
Email: USACAC.Criminal@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
12/03/2008 INFORMATION filed as to Lawrence Bradley Kaplan (1) count(s) 1, Los Angeles Drum & Barrel Company (2) count(s) 2, 3, 4. Offense occurred in LA. (ja) (Entered: 12/03/2008)
12/03/2008CASE SUMMARY filed by AUSA Joseph C. Johns as to Defendant Los Angeles Drum & Barrel Company (ja) (Entered: 12/03/2008)
12/03/2008MEMORANDUM filed by Plaintiff USA as to Defendant Lawrence Bradley Kaplan, Los Angeles Drum & Barrel Company in regards to the following Magistrate Judges: Jacqueline Chooljian, Patrick J.Walsh, Jennifer T. Lum, Jeffrey W. Johnson(ja) (Entered: 12/03/2008)
12/03/2008MEMORANDUM filed by Plaintiff USA as to Defendant Lawrence Bradley Kaplan, Los Angeles Drum & Barrel Company. This criminal action, being filed on 12/3/08, was not pending in the U. S. Attorneys Office before the date on which Judge Stephen G. Larson began receiving criminal matters. (ja) (Entered: 12/03/2008)
12/03/2008NOTICE of Related Case(s) filed by Plaintiff USA as to Defendant Lawrence Bradley Kaplan, Los Angeles Drum & Barrel Company Related Case(s): 8-612-PSG (ja) (Entered: 12/03/2008)
12/15/2008DESIGNATION AND APPEARANCE OF COUNSEL; filed by George B Newhouse, Jr appearing for Los Angeles Drum & Barrel Company (tba) (Entered: 12/16/2008)
12/15/200811 BOND AND CONDITIONS OF RELEASE filed as to Defendant Los Angeles Drum & Barrel Company conditions of release: personal recognizance approved by Magistrate Judge Rosalyn M. Chapman. (tba) (Entered: 12/16/2008)
12/15/200816 STATEMENT OF CONSTITUTIONAL RIGHTS filed by Defendant Los Angeles Drum & Barrel Company (tba) (Entered: 12/16/2008)
12/15/200817 MINUTES OF POST-INDICTMENT ARRAIGNMENT: held before Magistrate Judge Rosalyn M. Chapman as to Lawrence Bradley Kaplan (1) Count 1 and Los Angeles Drum & Barrel Company (2) Count 2,3,4. Defendant arraigned, states true name: as charged. Defendant entered not guilty plea to all counts as charged. Attorney: George B. Newhouse, retained present. Case assigned to Judge S. James Otero. Court orders bail set for Lawrence Bradley Kaplan (1) personal recognizance bond and Los Angeles Drum & Barrel Company (2) personal recognizance, see attached bond. Counsel are ordered to contact the court clerk ( Forthwith ), regarding the setting of dates for further proceedings. Court Smart: CS12/15/2008. (Attachments: # 1 CR1 BOND, # 2 CR1 BOND) (tba) (Entered: 12/17/2008)
12/16/200813 PLEA AGREEMENT filed by Plaintiff USA as to Defendant Los Angeles Drum & Barrel Company (Johns, Joseph) (Entered: 12/16/2008)
12/18/200819 Summons Returned Executed on 12/09/08. as to Los Angeles Drum & Barrel Company (da) (Entered: 12/24/2008)
12/19/200818 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 -Related Case- filed. Related Case No: CR 08-0612 PSG. Case, as to Defendant Lawrence Bradley Kaplan, Los Angeles Drum & Barrel Company, transfered from Judge S. James Otero to Judge Philip S. Gutierrez for all further proceedings. The case number will now reflect the initials of the transferee Judge CR 08-1394 PSG.Signed by Judge Philip S. Gutierrez (rn) (Entered: 12/19/2008)
12/29/200820 MINUTES OF IN CHAMBERS ORDER by Judge Philip S. Gutierrez SETTING CHANGE OF PLEA HEARING: PLEASE TAKE NOTICE that at parties' request, the Court hereby sets a change of plea hearing for Tuesday, December 30, 2008 at 11:00 a.m. (bm) (Entered: 12/29/2008)
12/30/200821 MINUTES OF Change of Plea Hearing held before Judge Philip S. Gutierrez as to Defendant Los Angeles Drum & Barrel Company. Defendant sworn. Court questions defendant regarding the plea. The plea is accepted. The Court ORDERS the preparation of a Presentence Report. Sentencing set for 3/2/2009 11:00 AM before Judge Philip S. Gutierrez. The Court vacates the jury trial date. The Court ORDERS the Plea Agreement incorporated into the record and made part of today's proceedings. Court Reporter: Kathy Stride. (da) (Entered: 12/31/2008)
01/06/200923  STIPULATION for Return of Property described as Passport of Lawrence Bradley Kaplan filed by Plaintiff Lawrence Bradley Kaplan as to Defendant Lawrence Bradley Kaplan, Los Angeles Drum & Barrel Company (Attachments: # 1 Proposed Order)(Newhouse, George) (Entered: 01/06/2009)
01/30/200927  STIPULATION for Modification of Conditions of Release filed by Plaintiff Lawrence Bradley Kaplan as to Defendant Lawrence Bradley Kaplan, Los Angeles Drum & Barrel Company (Attachments: # 1 Proposed Order Modifying Terms of Release to Permit Defendant Lawrence Bradley Kaplan to Travel to Panama)(Newhouse, George) (Entered: 01/30/2009)
02/04/200928 ORDER MODIFYING TERMS OF RELEASE TO PERMIT DEFENDANT LAWRENCE BRADLEY KAPLAN TO TRAVEL TO PANAMA by Judge Philip S. Gutierrez re Stipulation to Modify Conditions of Release 27 : Based on the Stipulation of the Parties, and for good cause appearing therefor, IT IS HEREBY ORDERED that Lawrence Bradley Kaplan's Terms of Release are modified to permit Mr. Kaplan to travel to Panama on February 6, 2009 through February 16, 2009. (bm) (Entered: 02/05/2009)
02/24/200935 POSITION WITH RESPECT TO PRESENTENCE REPORT filed by Plaintiff USA as to Defendant Los Angeles Drum & Barrel Company (Johns, Joseph) (Entered: 02/24/2009)
02/25/200937 RESPONSE to Presentence Report 29 ,filedby Defendant Los Angeles Drum & Barrel Company and Sentencing Memorandum (Newhouse, George) (Entered: 02/25/2009)
03/02/200944 MINUTES OF SENTENCING Hearing held before Judge Philip S. Gutierrez as to Defendant Los Angeles Drum & Barrel Company. Defendant Los Angeles Drum & Barrel Company (2), Count(s) 2, 4, Defendant is hereby placed on Probation on Counts Two and Four of the Four-Count Information, all such terms to run concurrently under the terms and conditions of the U.S. Probation Office and General Order 318. Special assessment of $800. Restitution of $52,288.43 to victims as set forth in a separate victim list prepared by the Probation Office which this Court adopts and which reflects the Court's determinateion of the amount of restitution due to each victim. Restitution shall be paid in full no later than 60 days from the date of sentencing. Fine of $447, 711.43. $300,000 to be made payable to Clerk of this Court within 90 days. Fine consists of $150,000 on each of Counts 2 and 4. Defendant shall comply with General Order No. 01-05. Within 60 days, defendant is to pay $147,711.43 in community service payments as set forth in a separate victim list prepared by the Probation Office which the Court adopts and which reflects the Court's determination. Each such payment shall be made by check or equivalent and delivered to the United States Attorney's Office. The victim list, which shall be forwarded to the Fiscal Section of the Clerk's Office, shall remain confidential to protect the privacy interests of the victims; Count(s) 3, On Government's motion, all remaining counts are Ordered dismissed. Defendant advised of right of appeal. Court Reporter: Miriam Baird. (bm) Modified on 3/4/2009 (bm). (Entered: 03/04/2009)
03/04/200945 JUDGMENT AND COMMITMENT by Judge Philip S. Gutierrez as to Defendant Los Angeles Drum & Barrel Company (2), Count(s) 2, 4, Defendant is hereby placed on Probation on Counts Two and Four of the Four-Count Information, all such terms to run concurrently under the terms and conditions of the U.S. Probation Office and General Order 318. Special assessment of $800. Restitution of $52,288.43 to victims as set forth in a separate victim list prepared by the Probation Office which this Court adopts and which reflects the Court's determination of the amount of restitution due to each victim. Restitution shall be paid in full no later than 60 days from the date of sentencing. Fine of $447,711.43. $300,000 to be made payable to Clerk of this Court within 90 days. Fine consists of $150,000 on each of Counts 2 and 4. Within 60 days, defendant is to pay $147,711.43 in community service payments as set forth in a separate victim list prepared by the Probation Office which the Court adopts and which reflects the Court's determination. Each such payment shall be made by check or equivalent and delivered to the United States Attorney's Office. The victim list, which shall be forwarded to the Fiscal Section of the Clerk's Office, shall remain confidential to protect the privacy interests of the victims. Defendant shall comply with General Order No. 01-05.; Count(s) 3, On Government's motion, all remaining counts are Ordered dismissed. (bm) (Entered: 03/04/2009)
03/25/200947  STIPULATION to Amend/Correct Re Clarifying Amendment to Judgment & Commitment Order Regarding Defendant Lawrence Bradley Kaplan's Probationary Period, Joint Fine and Restitution Order filed by Plaintiff Lawrence Bradley Kaplan as to Defendant Lawrence Bradley Kaplan, Los Angeles Drum & Barrel Company (Attachments: # 1 Proposed Order)(Newhouse, George) (Entered: 03/25/2009)
05/19/200949  STIPULATION to Modify Conditions of Early Termination of Probation filed by Defendant Los Angeles Drum & Barrel Company (Attachments: # 1 Proposed Order)(Newhouse, George) (Entered: 05/19/2009)
05/21/200950 ORDER by Judge Philip S. Gutierrez Terminating Probation of Defendant Los Angeles Drum & Barrel Company, Inc. Based on the Stipulation of the Parties, IT IS HEREBY ORDERED that pursuant to 18 U.S.C. ยง 3564(c), Defendant Los Angeles Drum & Barrel Company, Inc.'s period of probation is hereby terminated 49 . (mg) (Entered: 05/21/2009)
03/16/201151 UNOPPOSED MOTION FOR EARLY TERMINATION OF PROBATION filed by Plaintiff Lawrence Bradley Kaplan as to Defendant Lawrence Bradley Kaplan, Los Angeles Drum & Barrel Company (Attachments: # 1 Proposed Order Terminating Probation of Lawrence Bradley Kaplan After Service of Twenty-Four Months)(Newhouse, George) Modified on 3/21/2011 (lw). (Entered: 03/16/2011)
03/17/201152 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Unopposed Motion for Early Termination 51 . The following error(s) was found: Incorrect event selected. The correct event is: Motion-Early Termination of Probation. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) (Entered: 03/17/2011)