CLOSED

U.S. District Court
Eastern District of Kentucky (Lexington)
CRIMINAL DOCKET FOR CASE #: 5:12-cr-00113-KSF All Defendants


Case title: USA v. MLS Powersports, LLC

Date Filed: 09/28/2012
Date Terminated: 12/21/2012

Assigned to: Judge Karl S. Forester

Defendant (1)
MLS Powersports, LLC
TERMINATED: 12/21/2012
represented byJoyce A. Merritt
Embry Merritt Shaffar Womack, PLLC
155 E Main St
Lion Building, Suite 260
Lexington, KY 40507
859-543-0453
Fax: 800-505-0113
Email: jamlawyer@mindspring.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
31:5324(a)(3)STRUCTURING TRANSACTIONS TO EVADE REPORTING REQUIREMENTS
(1)
60 MONTHS UNSUPERVISED PROBATION TO TERMINATE UPON PAYMENT IN FULL OF CRIMINAL MONETARY PENALTIES; $400 SPECIAL ASSESSMENT

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byRobert Kennedy McBride
U.S. Attorney's Office - Ft. Mitchell
207 Grandview Drive
Suite 400
Ft. Mitchell, KY 41017-2762
859-652-7033
Fax: 859-655-3211
Email: Robert.McBride@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Jordi de Llano , AUSA
U.S. Attorney's Office, EDKY
260 W. Vine Street
Suite 300
Lexington, KY 40507-1612
859-685-4849
Fax: 859-233-2747
Email: Jordi.De.Llano.Campos@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
09/07/2012NOTICE OF INTENT TO FILE INFORMATION AND MOTION for Arraignment by USA as to MLS Powersports, LLC. (Attachments: # 1 Proposed Order, # 2 Case Assignment)(GLD) (Entered: 09/28/2012)
09/10/2012 ORDER as to MLS Powersports, LLC: IT IS ORDERED that 1 MOTION for Arraignment is GRANTED and ARRAIGNMENT set for 9/28/2012 at 10:00 AM in LEXINGTON before Judge Karl S. Forester.. Signed by Judge Karl S. Forester on 9/10/2012. (GLD)cc: COR,USM,USP,D Modified on 9/28/2012 (GLD). (Entered: 09/28/2012)
09/26/2012 ORDER as to MLS Powersports, LLC: ARRAIGNMENT set for 9/28/2012 at 10:00 a.m. is RESCHEDULED for 09:45 AM on 9/28/12 in LEXINGTON before Judge Karl S. Forester. Signed by Judge Karl S. Forester on 9/26/2012. (GLD)cc: COR,USM,USP (Entered: 09/28/2012)
09/28/2012  Conflict Check run. (GLD) (Entered: 09/28/2012)
09/28/2012INFORMATION as to MLS Powersports, LLC (1) count(s) 1. Forfeiture Allegations are not listed on docket sheet or counted statistically. (Attachments: # 1 Case Assignment) (GLD) (Entered: 09/28/2012)
09/28/2012MINUTE ENTRY FOR WAIVER OF INDICTMENT, FILING OF INFORMATION AND GUILTY PLEA as to MLS Powersports, LLC held on 9/28/2012 before Judge Karl S. Forester: Corporate representative, Mark Smith, appeared w/Joyce A. Merritt RETAINED counsel of record. Court ORDERS Resolution of MLS Powersport, LLC designating Mark Smith as representative be filed in record; Dft formally arraigned & advised of rights; Dft pleads guilty to Information; Plea agreement w/sealed supp accepted, approved & filed; Court orders PSR; SENTENCING set for 12/21/2012 at 09:15 AM in LEXINGTON before Judge Karl S. Forester. (Court Reporter Rhonda Sansom.) (GLD)cc: COR,USM,USP,D (Entered: 09/28/2012)
09/28/2012MLS Powersports, LLC Resolution to designate Mark Smith as representative for company. Filed per Minutes 5 . (GLD) (Entered: 09/28/2012)
09/28/2012PLEA AGREEMENT Accepted as to MLS Powersports, LLC cc: COR,USP (GLD) (Entered: 09/28/2012)
09/28/2012SEALED Supplemental Plea Agreement as to MLS Powersports, LLC re 7 Plea Agreement Accepted (GLD) (Entered: 09/28/2012)
09/28/2012WAIVER OF INDICTMENT by MLS Powersports, LLC executed in open Court. (GLD) (Entered: 09/28/2012)
09/28/201210  ORDER as to MLS Powersports, LLC to comply with Sentencing Reform Act. Signed by Judge Karl S. Forester on 9/28/2012. (GLD)cc: COR,USM,USP (Entered: 09/28/2012)
09/28/201211 CERTIFICATE OF OFFICIAL COURT REPORTER re Audiotaped proceeding of Waiver of Indictment, Filing of Information and Guilty Plea as to MLS Powersports, LLC held on 09/28/2012 before Judge Karl S. Forester. COURT REPORTER: RHONDA S. SANSOM (Original audiotape (sealed portion) maintained in Clerk's office.) (DAK) (Entered: 10/17/2012)
12/18/201212 SENTENCING MEMORANDUM by MLS Powersports, LLC (Attachments: # 1 Exhibit A -letter of employees, # 2 Exhibit B - letter of CPA, # 3 Exhibit C - letter of Smiths, # 4 Exhibit D - community member letters)(Merritt, Joyce) (Entered: 12/18/2012)
12/19/2012  *** FILE SUBMITTED TO CHAMBERS OF Judge Forester to review: re 12 Sentencing Memorandum filed as to MLS Powersports, LLC (SCD) (Entered: 12/19/2012)
12/19/201213 NOTICE OF ATTORNEY APPEARANCE Jordi de Llano, AUSA appearing for USA. (de Llano, Jordi) (Entered: 12/19/2012)
12/21/201214 MINUTE ENTRY for SENTENCING as to MLS Powersports, LLC held on 12/21/2012, before Judge Karl S. Forester: Joyce Merritt appeared as RETAINED counsel of record. No objections to Presentence Report. Mark Smith appeared as rep of MLS Powersports, LLC w counsel for sentencing in this matter. Transcript shall be deemed as written findings of Court. Judgment shall be entered. (Court Reporter CINDY OAKES.) (SCD)cc: COR,USM,USP (Entered: 12/21/2012)
12/21/201215 JUDGMENT UPON PLEA OF GUILTY as to MLS Powersports, LLC (1), Count(s) 1, 60 MONTHS UNSUPERVISED PROBATION TO TERMINATE UPON PAYMENT IN FULL OF CRIMINAL MONETARY PENALTIES; $400 SPECIAL ASSESSMENT. Signed by Judge Karl S. Forester on 12/21/2012. (cc: Paper copy w/ NOE to COR & copy of SOR; Electronic copy to USP and original SOR returned to USP; Electronic copy to USM, FLU, Finance)(STB) (Entered: 12/21/2012)