CLOSED

United States District Court
District of Massachusetts (Boston)
CRIMINAL DOCKET FOR CASE #: 1:05-cr-10351-WGY-1


Case title: USA v. MSC Ship Management (Hong Kong) LTD

Date Filed: 12/19/2005
Date Terminated: 02/02/2006

Assigned to: Judge William G. Young

Defendant (1)
MSC Ship Management (Hong Kong) LTD
TERMINATED: 02/02/2006
represented byAustin P. Olney
Dewey & LeBoeuf LLP
260 Franklin Street
Floor 23
Boston, MA 02110
617-748-6800
Fax: 617-439-0341
Email: aolney@dl.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Christopher L. DeMayo
Dewey & LeBoeuf LLP
260 Franklin Street
Floor 23
Boston, MA 02110
617-748-6800
Fax: 617-897-9051
Email: cdemayo@dl.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Peter R. Knight
Robinson & Cole, LLP
280 Trumbull St.
Hartford, CT 06103-3597
860-275-8387
Email: pknight@rc.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Ronald W. Zdrojeski
Robinson & Cole
280 Trumbull Street
Hartford, CT 06103
860-275-8200
Email: rzdrojeski@rc.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
The defendant corporation is to pay a FINE OF $10,500,000. Special Assessment of $4400.The court orders 5 years of probation. Special Condition of Probation is the corporation is not to disparage the plea agreement in any way.
18:1505 Obstruction
(2-4)
The defendant corporation is to pay a FINE OF $10,500,000. Special Assessment of $4400.The court orders 5 years of probation. Special Condition of Probation is the corporation is not to disparage the plea agreement in any way.
18:1519 Destruction of Evidence
(5-7)
The defendant corporation is to pay a FINE OF $10,500,000. Special Assessment of $4400.The court orders 5 years of probation. Special Condition of Probation is the corporation is not to disparage the plea agreement in any way.
18:1001(a)(2) False Statements
(8)
The defendant corporation is to pay a FINE OF $10,500,000. Special Assessment of $4400.The court orders 5 years of probation. Special Condition of Probation is the corporation is not to disparage the plea agreement in any way.
33:1908(a) Act to Prevent Pollution from Ships
(9-11)
The defendant corporation is to pay a FINE OF $10,500,000. Special Assessment of $4400.The court orders 5 years of probation. Special Condition of Probation is the corporation is not to disparage the plea agreement in any way.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byJonathan F. Mitchell
United States Attorney's Office
1 Courthouse Way
Suite 9200
Boston, MA 02210
617-748-3274
Fax: 617-748-3960
Email: jonathan.mitchell@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
12/19/20051INFORMATION (Felony) as to MSC Ship Management (Hong Kong) LTD (1) count(s) 1, 2-4, 5-7, 8, 9-11. (Attachments: # 1) (Gawlik, Cathy) (Entered: 12/19/2005)
12/19/20054PLEA AGREEMENT as to MSC Ship Management (Hong Kong) LTD. (Attachments: # 3 Exhibit B - Part 2)(Paine, Matthew) (Entered: 02/02/2006)
01/11/2006  NOTICE OF HEARING as to MSC Ship Management (Hong Kong) LTD Plea and Sentence set for 2/1/2006 02:00 PM in Courtroom 18 before Judge William G. Young. (Smith, Bonnie) (Entered: 01/11/2006)
01/13/20062NOTICE OF ATTORNEY APPEARANCE: Christopher L. DeMayo appearing for MSC Ship Management (Hong Kong) LTD (DeMayo, Christopher) (Entered: 01/13/2006)
01/26/20063ASSENTED-TO MOTION for Leave to Appear Pro Hac Vice by Ronald W. Zdrojeski, A. Pierre Olney, and Peter R. Knight Filing fee $ 150.00, receipt number 69873. as to MSC Ship Management (Hong Kong) LTD filed by Christopher L. DeMayo. . (Attachments: # 4 Exhibit D)(Paine, Matthew) (Entered: 01/27/2006)
01/27/2006  Judge William G. Young : Electronic ORDER entered granting 3 Motion for Leave to Appear Pro Hac Vice for Attorney Ronald Zdrojeski for MSC Ship Management (Hong Kong) LTD, Austin P. Olney for MSC Ship Management (Hong Kong) LTD, and Peter R. Knight for MSC Ship Management (Hong Kong) LTD. as to MSC Ship Management (Hong Kong) LTD. (Paine, Matthew) (Entered: 01/27/2006)
02/01/20065WAIVER OF INDICTMENT by MSC Ship Management (Hong Kong) LTD (Paine, Matthew). (Entered: 02/02/2006)
02/01/2006  ElectronicClerk's Notes for proceedings held before Judge William G. Young :Arraignment as to MSC Ship Management (Hong Kong) LTD (1) Count 1,2-4,5-7,8,9-11 held on 2/1/2006, Pleas agreement filed. Waiver of Indictment filed. Defendant representative Ashok Sworn. The Court conducts plea colloquy with the representative of the corporation. After hearing the Court accepts the plea conditioned on the fact that the corporation will not disparage the plea agreement. Defense agrees. Plea entered by MSC Ship Management (Hong Kong) LTD (1) Count 1,2-4,5-7,8,9-11MSC Ship Management (Hong Kong) LTD (1) Guilty Count 1,2-4,5-7,8,9-11. (Court Reporter Womack.) (Smith, Bonnie) (Entered: 02/02/2006)
02/01/2006  ElectronicClerk's Notes for proceedings held before Judge William G. Young :Sentencing held on 2/1/2006 for MSC Ship Management (Hong Kong) LTD (1), Count(s) 1, 2-4, 5-7, 8, 9-11, The defendant waives the preparation of the presentence report. After hearing the court imposes the following sentence:The defendant corporation is to pay a FINE OF $10,500,000. Special Assessment of $4400.The court orders 5 years of probation. Special Condition of Probation is the corporation is not to disparage the plea agreement in any way. The defendant is notified of the right to appeal. The Government acknowledges the receipt of the guarantee. The bond is ordered released upon payment of the judgment. (Court Reporter Womack.) (Smith, Bonnie) (Entered: 02/02/2006)
02/02/20066Judge William G. Young : ORDER entered. JUDGMENT as to MSC Ship Management (Hong Kong) LTD (1), Count(s) 1, 2-4, 5-7, 8, 9-11, The defendant corporation is to pay a FINE OF $10,500,000. Special Assessment of $4400.The court orders 5 years of probation. Special Condition of Probation is the corporation is not to disparage the plea agreement in any way. (Hurley, Virginia) (Entered: 02/02/2006)
02/28/20067Assented to MOTION for Extension of Time to April 3, 2006 to File Submit a list of three qualified candidates to serve as Court Appointed Monitor as to MSC Ship Management (Hong Kong) LTD. (DeMayo, Christopher) (Entered: 02/28/2006)
03/02/2006  Judge William G. Young : Electronic ORDER entered GRANTING 7 Motion for Extension of Time to April 3, 2006 to File and Submit a List of Three Qualified Candidates to Serve as Court Appointed Monitor as to MSC Ship Management (Hong Kong) LTD. (Paine, Matthew) (Entered: 03/02/2006)
04/19/20068 Letter (non-motion) regarding Court Appointed Monitor as to MSC Ship Management (Hong Kong) LTD (Mitchell, Jonathan) (Entered: 04/19/2006)
05/01/2006  ElectronicClerk's Notes for proceedings held before Judge William G. Young :Hearing re: Appointment of Monitor as to MSC Ship Management (Hong Kong) LTD held on 5/1/2006 The Court inquires of Government and Defendant if they are satisfied with the qualifications of Mr. Sanborn. After interviewing Mr. Sanborn, the Court approves of his appointment as court appointed monitor over MSC Ship Management. (Court Reporter Womack.) (Smith, Bonnie) (Entered: 05/02/2006)
06/20/20069TRANSCRIPT of Proceedings as to MSC Ship Management (Hong Kong) LTD held on 5/1/06 before Judge Young. Court Reporter: Womack. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter or the Clerk's Office. (Smith, Bonnie) (Entered: 06/20/2006)
09/18/200610TRANSCRIPT of Proceedings as to MSC Ship Management (Hong Kong) LTD held on 2/1/06 before Judge Young. Court Reporter: Womack. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter or the Clerk's Office. (Smith, Bonnie) (Entered: 09/18/2006)
01/25/200711Assented to MOTION for Extension of Time to May 1, 2007 to File Complete Initial Vessel Audits as to MSC Ship Management (Hong Kong) LTD. (DeMayo, Christopher) (Entered: 01/25/2007)
01/29/2007  Judge William G. Young : Electronic ORDER entered GRANTING 11 Assented to MOTION for Extension of Time to May 1, 2007 to File Complete Initial Vessel Audits as to MSC Ship Management (Hong Kong) LTD (1). (Paine, Matthew) (Entered: 01/29/2007)
04/14/201012 Letter (non-motion) regarding Request for Approval of Third Party Auditor as to MSC Ship Management (Hong Kong) LTD (Olney, Austin) (Entered: 04/14/2010)
04/14/201013 Letter (non-motion) regarding Attachments to Letter Requesting Approval of Third Party Auditor as to MSC Ship Management (Hong Kong) LTD (Olney, Austin) (Entered: 04/14/2010)
04/15/2010  Judge William G. Young: ELECTRONIC ORDER entered: ECM is approved as the TPA in this matter re 12 Letter (non-motion) regarding Request for Approval of Third Party Auditor (Paine, Matthew) (Entered: 04/15/2010)
06/17/201014FOURTH Annual Report To The Court by the Court Appointed Monitor (The Report is Available in the Clerk's Office As the Report Was Bound and Not Scanned Into CM/ECF) (Paine, Matthew) (Entered: 06/17/2010)