CLOSED, PASPRT


UNITED STATES DISTRICT COURT for the CENTRAL DISTRICT OF CALIFORNIA (Western Division - Los Angeles)
CRIMINAL DOCKET FOR CASE #: 2:09-cr-00834-PA All Defendants


Case title: USA v. Malter et al

Date Filed: 08/25/2009
Date Terminated: 03/20/2012

Assigned to: Judge Percy Anderson

Defendant (1)
Michael Glen Malter
TERMINATED: 03/20/2012
represented byM Taylor Katz
M Taylor Katz Law Offices
2901 West Coast Highway Suite 200
Newport Beach, CA 92663
949-263-5988
Fax: 949-209-0327
Email: taylor@katzesq.com
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
16:470ee(b)(1)(d)ILLEGAL TRAFFICKING IN ARCHAEOLOGICAL RESOURCES
(1)
Defendant is hereby placed on PROBATION for a term of Two Years. Defendant shall comply with the terms and conditions of the U.S. Probation Office and General Order 05-2. Defendant shall pay a $10,000 community service to the National Park Foundation Pacific West Region Archeological Investigation fund. Special assessment of $100. Defendant shall pay restitution in the total amount of $6,215.57. Defendant shall pay a total fine of $8,000. Defendant shall comply with General Order No. 01-05.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:545;19:12.104g(a),148.11;19:2606(a)RECEIPT, TRANSPORTATION, AND SALE OF ARCHAEOLOGICAL MATERIALS IMPORTED CONTRARY TO LAW
(2)
Upon government's motion, all remaining counts of the underlying indictment, are ordered dismissed.
18:545;19:148.11 RECEIPT, TRANSPORTATION, AND SALE OF ARCHAEOLOGICAL MATERIALS IMPORTED CONTRARY TO LAW
(3)
Upon government's motion, all remaining counts of the underlying indictment, are ordered dismissed.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge Percy Anderson

Defendant (2)
Malter Galleries, Inc.
TERMINATED: 03/20/2012
represented byKatherine T Corrigan
Corrigan & Welbourn APLC
4100 Newport Place Suite 550
Newport Beach, CA 92660
949-251-0330
Fax: 949-251-1181
Email: kate@cw-lawcorp.com
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
16:470ee(b)(1)(d)ILLEGAL TRAFFICKING IN ARCHAEOLOGICAL RESOURCES
(1)
Defendant is hereby placed on PROBATION for a term of Two Years. Defendant shall comply with term and conditions of the U.S. Probation Office and General Order 318. The defendant shall pay a $10,000 community service payment to the National Park Foundation Pacific West Region Archeological Investigation fund. Special assessment of $400. Defendant shall pay restitution in the total amount of $6,215.57. The defendant shall be held jointly and severally liable with co-participant Michael Glen Malter for the amount of restitution ordered in this judgment. Defendant shall pay a total fine of $8,000. The defendant shall be held jointly and severally liable with co-participant Michael Glen Malter for the fine ordered in this judgment.Defendant shall comply with General order 01-05.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:545;19:12.104g(a),148.11;19:2606(a)RECEIPT, TRANSPORTATION, AND SALE OF ARCHAEOLOGICAL MATERIALS IMPORTED CONTRARY TO LAW
(2)
Upon government's motion, all remaining counts of the underlying indictment, are ordered dismissed.
18:545;19:148.11 RECEIPT, TRANSPORTATION, AND SALE OF ARCHAEOLOGICAL MATERIALS IMPORTED CONTRARY TO LAW
(3)
Upon government's motion, all remaining counts of the underlying indictment, are ordered dismissed.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byJoseph O Johns
AUSA - Office of US Attorney
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
08/25/2009INDICTMENT filed as to Michael Glen Malter (1) count(s) 1, 2, 3, Malter Galleries, Inc. (2) count(s) 1, 2, 3. Offense occurred in LA. (ja) (Entered: 08/26/2009)
06/22/2010ORDER UNSEALING DOCUMENT by Magistrate Judge Ralph Zarefsky: granting 8 Ex Parte Application to Unseal Document as to Michael Glen Malter, (1) and Malter Galleries, Inc., (2). IT IS HEREBY ORDERED that the indictment in the matter of USA v. Michael Glen Malter, et al., Case No. CR 09-834, which was filed on August 25, 2009, be unsealed and made available for public review. (mz) (Entered: 06/28/2010)
04/11/201110 STATEMENT OF CONSTITUTIONAL RIGHTS filed by Defendant Michael Glen Malter (tba) (Entered: 04/12/2011)
04/11/201111 BOND AND CONDITIONS OF RELEASE filed as to Defendant Michael Glen Malter conditions of release: Personal Recognizance approved by Magistrate Judge Paul L. Abrams. (tba) (Entered: 04/12/2011)
04/11/201112 PASSPORT RECEIPT from U. S. Pretrial Services as to Defendant Michael Glen Malter. USA passport No: 212677516 was received on 04/11/2011. Re: Bond and Conditions (CR-1) 11 . (tba) (Entered: 04/12/2011)
04/11/201113 DESIGNATION AND APPEARANCE OF COUNSEL; filed by M Taylor Katz appearing for Michael Glen Malter (tba) (Entered: 04/12/2011)
04/11/201114 DESIGNATION AND APPEARANCE OF COUNSEL; filed by Katherine T Corrigan appearing for Malter Galleries, Inc. (tba) (Entered: 04/12/2011)
04/11/201115 MINUTES OF POST-INDICTMENT ARRAIGNMENT: held before Magistrate Judge Paul L. Abrams as to Defendant Michael Glen Malter (1) Count 1,2,3 and Malter Galleries, Inc. (2) Count 1,2,3. Defendant arraigned, states true name: As charged. Defendant entered not guilty plea to all counts as charged. Attorney: 1.) M. Taylor Katz for 1.) Michael Glen Malter, 2.) Katherine Corrigan for 2.) Malter Galleries, Inc., Retained present. Case assigned to Judge Valerie Baker Fairbank. Court orders bail set for Michael Glen Malter (1) Personal Recognizance, see attached bond. Jury Trial set for 6/7/2011 08:30 AM before Judge Valerie Baker Fairbank. Status Conference set for 5/16/2011 09:30 AM before Judge Valerie Baker Fairbank. Court Smart: CS04/11/2011. (tba) (Additional attachment(s) added on 4/12/2011: # 1 CR1 BOND) (tba). (Entered: 04/12/2011)
05/16/201116 MINUTES OF Status Conference re Trial held before Judge Valerie Baker Fairbank as to Defendant Michael Glen Malter, Malter Galleries, Inc. (See attached Minute Order for further information). The Court would order that the prosecution and defense counsel confer regarding the status of the case and discovery within the next four weeks, by 6/27/2011. Counsel shall also call or email the Courtroom Deputy Clerk at 213-894-0066 or Joseph_remigio@cacd.uscourts.govto set up a status conference to be held at their convenience by 7/11/2012. Motion setting hearings at earlier dates can also, of course, be noticed. Court Reporter: Rosalyn Adams. (jp) (Entered: 05/24/2011)
05/16/201117 AMENDED MINUTES OF Status Conference re Trial held before Judge Valerie Baker Fairbank as to Defendants Michael Glen Malter, Malter Galleries, Inc. (See attached Minute Order for further information). The Court would order that the prosecution and defense counsel confer regarding the status of the case and discovery within the next four weeks, by 6/27/2011. Counsel shall also call or email the Courtroom Deputy Clerk at 213-894-0066 or Joseph_remigio@cacd.uscourts.gov to set up a status conference to be held at their convenience by 7/11/2011. Motion setting hearings at earlier dates can also, of course, be noticed. Court Reporter: Rosalyn Adams. (jp) (Entered: 06/07/2011)
06/07/201118  STIPULATION to Continue TRIAL AND EXCLUDABLE TIME from 6/7/2011 to 2/14/2012 filed by Plaintiff USA as to Defendant Michael Glen Malter, Malter Galleries, Inc. (Attachments: # 1 Proposed Order)(Johns, Joseph) (Entered: 06/07/2011)
06/09/201119 ORDER TO CONTINUE Trial by Judge Valerie Baker Fairbank as to Defendants Michael Glen Malter and Malter Galleries, Inc. Jury Trial set for 2/14/2012 at 8:30 AM before Judge Valerie Baker Fairbank. (kbr) (Entered: 06/10/2011)
07/05/201120 MINUTES OF IN CHAMBERS ORDER by Judge Valerie Baker Fairbank: as to Defendant Michael Glen Malter, Malter Galleries, Inc., Status Conference set for 7/12/2011 at 10:30 AM before Judge Valerie Baker Fairbank. (se) (Entered: 07/06/2011)
07/12/201121 MINUTES OF STATUS CONFERENCE (Non-Evidentiary; Held and Completed) before Judge Valerie Baker Fairbank as to Defendant Michael Glen Malter, Malter Galleries, Inc. Court sets the following dates: Pretrial Conference /Motions in Limine Hearing: 1/18/2012 at 3:00 PM., Set Motion Filing Cut-Off: 12/16/2011. Opposition Due: 1/6/2012. Replies Due: 12/30/2011. Further Status Conference Re Trial Hearing: 1/30/2012 at 10:30 AM. Defendant is ordered back at these hearing dates and times without further order or notice from this Court. Court Reporter: Rosalyn Adams. (jp) (Entered: 07/13/2011)
09/30/201122 NOTICE OF REASSIGNMENT OF CASE due to Unavailability of Judicial Officer filed. The previously assigned District Judge is no longer available. Pursuant to directive of the Chief District Judge and in accordance with the rules of this Court, the case has been returned to the Clerk for reassignment. This case, as to Defendant Michael Glen Malter, Malter Galleries, Inc., has been reassigned to Judge William D. Keller for all further proceedings. Case number will now read CR 09-00834 WDK. (rn) (Entered: 09/30/2011)
11/18/201123 MINUTES OF IN CHAMBERS ORDER by Judge William D. Keller pursuant to the Notice of Reassignment of Case filed September 30, 2011, this case has been reassigned to the Honorable William D. Keller. Accordingly, the Court sets a status conference for Monday, December 5, 2011, at 4:00 p.m., in Courtroom 1600, U.S. Courthouse, 312 N. Spring Street, Los Angeles, CA 90012. Lead trial counsel and defendants must be present, and are placed on a one hour call. : as to Defendant Michael Glen Malter, Malter Galleries, Inc. (pg) (Entered: 11/18/2011)
12/02/201124 MINUTES (IN CHAMBERS) by Judge William D. Keller as to Defendants Michael Glen Malter, Malter Galleries, Inc. Counsel are hereby notified that on the Court's own motion, the Status Conference currently scheduled for December 5, 2011, is hereby ordered continued to the same day December 5, 2011 at 4:30 p.m. in Courtroom 1600. (lom) (Entered: 12/05/2011)
12/05/201125 MINUTES OF STATUS CONFERENCE HELD before Judge William D. Keller as to Defendant Michael Glen Malter, Malter Galleries, Inc. Parties inform the Court they are close to reaching a settlement. Court Reporter: Pat Cuneo. (lom) (Entered: 12/09/2011)
12/12/201126 ORDER RETURNING CASE FOR REASSIGNMENT by Judge William D. Keller. ORDER case, as to Defendant Michael Glen Malter, Malter Galleries, Inc., returned to the Clerk for reassignment pursuant to General Order 08-05. Case reassigned from Judge William D. Keller to Judge Percy Anderson for all further proceedings. The case number will now reflect the initials of the transferee Judge CR 09-00834 PA. (rn) (Entered: 12/12/2011)
12/13/201127 MINUTES OF IN CHAMBERS ORDER by Judge Percy Anderson: A change of plea hearing is set for December 19, 2011, at 9:30 a.m. The parties are ordered to appear at this date and time. (pso) (Entered: 12/13/2011)
12/15/201128 PLEA AGREEMENT filed by Plaintiff USA as to Defendant Michael Glen Malter, Malter Galleries, Inc. (Attachments: # 1 Exhibit)(Johns, Joseph) (Entered: 12/15/2011)
12/15/201129 PLEA AGREEMENT filed by Plaintiff USA as to Defendant Malter Galleries, Inc. (Attachments: # 1 Exhibit, # 2 Exhibit)(Johns, Joseph) (Entered: 12/15/2011)
12/19/201130 MINUTES OF Change of Plea Hearing held before Judge Percy Anderson as to Defendant Malter Galleries, Inc. Court questions defendant regarding the plea. The Defendant Malter Galleries, Inc. (2) pleads GUILTY to Count 1 of the Indictment. The plea is accepted. The Court vacates the trial in this matter. The Court ORDERS the preparation of a Presentence Report. Sentencing set for 3/19/2012 08:30 AM before Judge Percy Anderson. Court Reporter: Leandra Amber. (gk) (Entered: 12/20/2011)
12/19/201131 MINUTES OF Change of Plea Hearing held before Judge Percy Anderson as to Defendant Michael Glen Malter. Defendant sworn. Court questions defendant regarding the plea. The Defendant Michael Glen Malter (1) pleads GUILTY to Count 1 of the Indictment. The plea is accepted. The Court vacates the trial in this matter. The Court ORDERS the preparation of a Presentence Report. Sentencing set for 3/19/2012 08:30 AM before Judge Percy Anderson. Court Reporter: Leandra Amber. (gk) (Entered: 12/20/2011)
02/16/201234 NOTICE of Change of Attorney Information for attorney Katherine Corrigan counsel for Defendant Malter Galleries, Inc.. Changing firm name and address to Corrigan & Welbourn, APLC, 4100 Newport Place, Suite 550., Newport Beach, CA 92660. Changing Email and fax to kate@cw-lawcorp.com 949-251-1181. Filed by Defendant Malter Galleries, Inc. (Corrigan, Katherine) (Entered: 02/16/2012)
02/27/201235 SENTENCING MEMORANDUM filed by Plaintiff Malter Galleries, Inc. as to Defendant Michael Glen Malter, Malter Galleries, Inc. (Corrigan, Katherine) (Entered: 02/27/2012)
03/05/201236 SENTENCING MEMORANDUM filed by Plaintiff Michael Glen Malter as to Defendant Michael Glen Malter, Malter Galleries, Inc. (Katz, M) (Entered: 03/05/2012)
03/07/201237 POSITION WITH RESPECT TO PRESENTENCE REPORT filed by Plaintiff USA as to Defendant Michael Glen Malter, Malter Galleries, Inc. (Johns, Joseph) (Entered: 03/07/2012)
03/19/201240 MINUTES OF SENTENCING Hearing held before Judge Percy Anderson as to Defendant Michael Glen Malter. Defendant Michael Glen Malter (1), Count(s) 1, Defendant is hereby placed on PROBATION for a term of Two Years. Defendant shall comply with the terms and conditions of the U.S. Probation Office and General Order 05-2. Defendant shall pay a $10,000 community service to the National Park Foundation Pacific West Region Archeological Investigation fund. Special assessment of $100. Defendant shall pay restitution in the total amount of $6,215.57. Defendant shall pay a total fine of $8,000. Defendant shall comply with General Order No. 01-05. Count(s) 2, 3, Upon government's motion, all remaining counts of the underlying indictment, are ordered dismissed. Bond Exonerated. Defendant advised of right of appeal. Court Reporter: Leandra Amber. (cbr) (Entered: 03/20/2012)
03/19/201242 MINUTES OF SENTENCING Hearing held before Judge Percy Anderson as to Defendant Malter Galleries, Inc. Defendant is hereby placed on PROBATION for a term of Two Years. Defendant shall comply with term and conditions of the U.S. Probation Office and General Order 318. The defendant shall pay a $10,000 community service payment to the National Park Foundation Pacific West Region Archeological Investigation fund. Special assessment of $400. Defendant shall pay restitution in the total amount of $6,215.57. The defendant shall be held jointly and severally liable with co-participant Michael Glen Malter for the amount of restitution ordered in this judgment. Defendant shall pay a total fine of $8,000. The defendant shall be held jointly and severally liable with co-participant Michael Glen Malter for the fine ordered inthis judgment.Defendant shall comply with General order 01-05. Court Reporter: Leandra Amber. (cbr) (Entered: 03/20/2012)
03/20/201241 JUDGMENT AND COMMITMENT by Judge Percy Anderson as to Defendant Michael Glen Malter (1), Count(s) 1, Defendant is hereby placed on PROBATION for a term of Two Years. Defendant shall comply with the terms and conditions of the U.S. Probation Office and General Order 05-2. Defendant shall pay a $10,000 community service to the National Park Foundation Pacific West Region Archeological Investigation fund. Special assessment of $100. Defendant shall pay restitution in the total amount of $6,215.57. Defendant shall pay a total fine of $8,000. Defendant shall comply with General Order No. 01-05. Count(s) 2, 3, Upon government's motion, all remaining counts of the underlying indictment, are ordered dismissed. (cbr) (Entered: 03/20/2012)
03/20/201243 JUDGMENT AND COMMITMENT by Judge Percy Anderson as to Defendant Malter Galleries, Inc. (2), Count(s) 1, Defendant is hereby placed on PROBATION for a term of Two Years. Defendant shall comply with term and conditions of the U.S. Probation Office and General Order 318. The defendant shall pay a $10,000 community service payment to the National Park Foundation Pacific West Region Archeological Investigation fund. Special assessment of $400. Defendant shall pay restitution in the total amount of $6,215.57. The defendant shall be held jointly and severally liable with co-participant Michael Glen Malter for the amount of restitution ordered in this judgment. Defendant shall pay a total fine of $8,000. The defendant shall be held jointly and severally liable with co-participant Michael Glen Malter for the fine ordered in this judgment.Defendant shall comply with General order 01-05. Count(s) 2, 3, Upon government's motion, all remaining counts of the underlying indictment, are ordered dismissed. (cbr) (Entered: 03/20/2012)
09/05/201244  STIPULATION for Modification of Conditions of Release filed by Plaintiff Michael Glen Malter as to Defendant Michael Glen Malter, Malter Galleries, Inc.(Katz, M) (Entered: 09/05/2012)
09/27/201245 ORDER TO ALLOW DEFENDANT TO PERFORM COMMUNITY SERVICE HOURS WHILE ON HOME-CONFINEMENT by Judge Percy Anderson as to Defendant Michael Glen Malter. Upon Stipulation 44 , Defendant Michael Malter is hereby permitted to perform his 150 hours of community service for VITAS Innovative Hospice Care while on home-confinement outside the six (6) hours of "free time" per week allowed by the U.S. Probation Department while on home-confinement. (gk) (Entered: 09/27/2012)