MAG

U.S. District Court
Eastern District of Virginia - (Newport News)
CRIMINAL DOCKET FOR CASE #: 4:10-cr-00112-RBS-FBS All Defendants


Case title: USA v. Askew et al

Date Filed: 10/13/2010
Date Terminated: 08/26/2011

Assigned to: Chief District Judge Rebecca Beach Smith
Referred to: Magistrate Judge F. Bradford Stillman

Defendant (1)
Jerry R. Askew, Sr.
TERMINATED: 08/26/2011
represented byJames Parris Magner
Leiser Leiser & Hennessy PLLC
8229 Boone Blvd
Suite 310
Vienna, VA 22182
703-734-5000
Fax: 703-734-6000
Email: magnerlawfirm@aol.com
TERMINATED: 12/15/2010
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Trey Robert Kelleter
Vandeventer Black LLP
101 West Main Street
Suite 500
Norfolk, VA 23510
(757) 446-8600
Fax: 757-446-8670
Email: tkelleter@vanblk.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
T.33:407 & T.18:2 - Refuse Act Violation - Class A Misdemeanor
(5)
Thirty (30) days imprisonment (Home Confinement substituted for incarceration); One (1) year supervised release; $25.00 special assessment; $15,000.00 fine

Highest Offense Level (Opening)
Misdemeanor

Terminated Counts

Disposition
T.33:1311(a) & 1319(c)(2)(A) & T.18:2 - Knowingly discharge pollutants into waters of the United States in violation of the Clean Water Act
(1)
Dismissed on government motion at sentencing
T.33:1319(c)(2)(B) & T.18:2 - Knowingly introduced & cause the introduction of a pollutant in Violation of the Clean Water Act
(2)
Dismissed on government motion at sentencing
T.18:1001 & 2 - Knowingly make false statements to an Agency of the United States
(3)
Dismissed on government motion at sentencing
T.18:1001 - Knowingly make false statements to an Agency of the United States
(4)
Dismissed on government motion at sentencing

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Chief District Judge Rebecca Beach Smith
Referred to: Magistrate Judge F. Bradford Stillman

Defendant (2)
Marine Environmental Services, Inc.
TERMINATED: 08/26/2011
represented byJames Parris Magner
(See above for address)
TERMINATED: 12/15/2010
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Trey Robert Kelleter
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
T.33:1311(a) & 1319(c)(2)(A) & T.18:2 - Knowingly discharge pollutants into waters of the United States in violation of the Clean Water Act
(1)
Five (5) years probation; $400.00 special assessment; $10,000.00 fine

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
T.33:1319(c)(2)(B) & T.18:2 - Knowingly introduced & cause the introduction of a pollutant in Violation of the Clean Water Act
(2)
Dismissed on government motion at sentencing
T.18:1001 & 2 - Knowingly make false statements to an Agency of the United States
(3)
Dismissed on government motion at sentencing
T.33:407 & T.18:2 - Refuse Act Violation - Class A Misdemeanor
(5)
Dismissed on government motion at sentencing

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byBrian James Samuels
United States Attorney's Office
Fountain Plaza Three
721 Lakefront Commons
Suite 300
Newport News, VA 23606
(757) 591-4032
Email: brian.samuels@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

David Lastra
United States Environmental Protection Agency
Regional Criminal Enforcement Counsel
2325 Dulles Corner Blvd
Suite 650
Herndon, VA 20171
**NA**
703-793-8542
Fax: 703-793-8521
ATTORNEY TO BE NOTICED

Joseph L Kosky
United States Attorney's Office - Norfolk
101 W Main St
Suite 8000
Norfolk, VA 23510
(757) 441-6331
Email: joseph.kosky@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
10/13/2010INDICTMENT RETURNED & FILED IN OPEN COURT as to Jerry R. Askew, Jr. (1) Counts 1, 2, 3, 4 and 5, and Marine Environmental Services, Inc. (2) Counts 1, 2, 3 and 5. On motion of the Govt., Court directed a Warrant to be issued as to Jerry R. Askew, Sr. (Attachments: # 1 Criminal Cover Sheet) (mnew) (Entered: 10/14/2010)
10/13/2010 Arrest Warrant Issued in case as to Jerry R. Askew, Jr. (mnew) (Entered: 10/14/2010)
10/19/2010  Arrest of Jerry R. Askew, Jr. (mnew) (Entered: 10/19/2010)
10/19/2010  Set/Reset Deadlines/Hearings as to Jerry R. Askew, Jr: Arraignment set for 10/27/2010 09:00 AM in Norfolk Mag Courtroom 1 before Magistrate Judge Tommy E. Miller. (afor, ) (Entered: 10/19/2010)
10/19/2010  Minute Entry for proceedings held before Magistrate Judge F. Bradford Stillman: Initial Appearance as to Jerry R. Askew, Jr. (Marine Environmental Services, Inc.) held on 10/19/2010. USA appeared through: Jason Pfeil, SAUSA. Dft. present in custody without counsel. Dft. advised of rights, charges & right to counsel. Dft. to retain Jim Magner. Bond set at personal recognizance with standard & special conditions. Dft. directed to next appear on 10/27/10 at 9:00 a.m. for arraignment. (Court Reporter FTR.) (mnew) THIS IS A TEXT ONLY ENTRY, A PDF DOCUMENT IS NOT ATTACHED TO THIS ENTRY. (Entered: 10/20/2010)
10/19/2010Arrest Warrant Returned Executed on 10/19/10 in case as to Jerry R. Askew, Sr. (mnew) (Entered: 10/20/2010)
10/20/2010Order Setting Conditions of Release as to Jerry R. Askew, Sr. (signed by Magistrate Judge F. Bradford Stillman on 10/19/10) & filed on 10/20/10. (mnew) (Entered: 10/20/2010)
10/27/2010  Minute Entry for proceedings held before Magistrate Judge Tommy E. Miller: Arraignment as to Jerry R. Askew Sr. (1) Counts 1, 2, 3, 4 & 5 and Marine Environmental Services, Inc. (2) Counts 1, 2, 3 & 5 held on 10/27/2010. USA appeared through: Brian Samuels, AUSA. Dft. Jerry R. Askew, Sr. present on bond appeared through: James Magner, ret. Jerry R. Askew, Sr. appeared with counsel as sole owner of Marine Environmental Services, Inc. Dft. waived formal arraignment. Dft. entered plea of not guilty. Jury demanded. Preliminary Motions due by 1/4/2011. By agreement of all parties, due to the complexity of the case and in the interest of justice, pursuant to 18:3161(h), speedy trial is waived. Jury Trial set for 3/7/2011 at 11:00 a.m. in Newport News Courtroom 1 before District Judge Rebecca Beach Smith. Court stated that dft. shall appear at preliminary hearings unless a Waiver of Appearance is executed. Dft. wishes to be present at preliminary hearings. Dft. continued on bond. (Court Reporter Jody Stewart, OCR.) (mnew) THIS IS A TEXT ONLY ENTRY, A PDF DOCUMENT IS NOT ATTACHED TO THIS ENTRY. (Entered: 10/27/2010)
12/01/201010  MOTION to Substitute Attorney by Jerry R. Askew, Sr, Marine Environmental Services, Inc.. (Attachments: # 1 Proposed Order)(Magner, James) (Entered: 12/01/2010)
12/15/201011 ORDER granting 10 Motion to Substitute Attorney & it is ORDERED that Trey R. Kelleter is substituted as counsel for Jerry R. Askew, Sr. and Marine Environmental Services, Inc. replacing James P. Magner (signed by District Judge Rebecca Beach Smith on 12/15/10) & filed on 12/15/10. (mnew) (Entered: 12/15/2010)
12/20/201012  MOTION to Continue Motion for Continuance of Trial and Extension of Time to File Motions by Jerry R. Askew, Sr. (Attachments: # 1 Proposed Order)(Kelleter, Trey) (Entered: 12/20/2010)
12/29/201013 Agreed Discovery Order as to Jerry R. Askew, Sr. and Marine Environmental Services, Inc. (signed by Magistrate Judge Douglas E. Miller on 12/29/10) & filed on 12/29/10 (Attachment: # 1 Letter) (mnew) (Entered: 12/29/2010)
12/30/201014 ORDER granting 12 Motion for Continuance of the Trial and Extension of Time to File Motions and it is ORDERED that the time in which to file preliminary motions is extended by thirty (30) days and that the trial is continued from March 7, 2011 and the parties are to contact the clerk forthwith to reset the trial for a date and time convenient to the Court and the parties as to Jerry R. Askew Sr. and Marine Environmental Services, Inc. (signed by District Judge Rebecca Beach Smith on 12/30/10) & filed on 12/30/10. (mnew) (Entered: 12/30/2010)
12/30/2010  Terminated Deadlines and Hearings as to Jerry R. Askew, Sr, Marine Environmental Services, Inc.: Motions due by 2/3/2011. (mnew) (Entered: 12/30/2010)
01/13/2011  Jury Trial as to Jerry R. Askew, Sr, Marine Environmental Services, Inc. reset for 6/1/2011 11:00 AM in Newport News Courtroom 1 before District Judge Rebecca Beach Smith. (sche) (Entered: 01/13/2011)
02/03/201115  MOTION for Extension Motion for Extension of Time to File Motions by Jerry R. Askew, Sr. (Attachments: # 1 Proposed Order)(Kelleter, Trey) (Entered: 02/03/2011)
02/03/201116 ORDER granting 15 Motion for Extension of Time to File Motions and it is ORDERED that the time to file preliminary motions is extended until February 25, 2011 as to Jerry R. Askew Sr. (1) (signed by District Judge Rebecca Beach Smith on 2/3/11) & filed on 2/3/11. (mnew) (Entered: 02/03/2011)
02/03/2011  Motions due by 2/25/2011. (mnew) (Entered: 02/03/2011)
05/09/2011  Set Hearings as to Jerry R. Askew, Sr, Marine Environmental Services, Inc.: Plea Agreement Hearing set for 5/16/2011 at 03:00 PM in Norfolk Mag Courtroom 1 before Magistrate Judge F. Bradford Stillman. (cdod, ) (Entered: 05/09/2011)
05/09/201117 It is ORDERED that this case be referred to a U.S. Magistrate Judge to conduct proceedings incident to the making of the plea (signed by District Judge Rebecca Beach Smith on 5/9/11) & filed on 5/9/11. (mnew) (Entered: 05/10/2011)
05/16/201118 Consent to Proceed Before A Magistrate Judge in a Misdemeanor Case, filed in open Court. (mnew) (Entered: 05/17/2011)
05/16/201119 Acknowledgment of Certain Rights as to Jerry R. Askew, Sr., filed in open Court. (mnew) (Entered: 05/17/2011)
05/16/2011  Minute Entry for proceedings held before Magistrate Judge F. Bradford Stillman: Plea Agreement Hearing as to Jerry R. Askew, Sr. held on 5/16/2011. USA appeared through: Joseph Kosky, AUSA. Dft. present on bond appeared through: Trey Kelleter, ret. Dft. requested to withdraw plea of not guilty to Count 5 and enter a plea of guilty to said Count. Consent to Proceed before a U.S. Magistrate Judge pursuant to Rule 11 executed and filed in open Court. Dft. sworn. Court fully advised dft. of rights, charges and maximum penalties. Dft. acknowledged he understood. Court advised dft. that by pleading guilty the right to a trial by jury is waived. Plea entered by Jerry R. Askew Sr. (1) Accepted - Guilty Count 5 (misdemeanor). Remaining Counts to be dismissed at sentencing. Dft. satisfied with services of counsel. Sentencing set for 8/24/2011 at 10:00 a.m. in Norfolk Mag Courtroom 1 before Magistrate Judge F. Bradford Stillman. Unsigned Sentencing Procedures Order provided to dft. Dft. continued on bond. (Court Reporter Sue Ash, OCR.) (mnew) THIS IS A TEXT ONLY ENTRY, A PDF DOCUMENT IS NOT ATTACHED TO THIS ENTRY. (Entered: 05/17/2011)
05/16/201121 Plea Agreement as to Jerry R. Askew, Sr., filed in open Court. (mnew) (Entered: 05/17/2011)
05/16/201122 Statement of Facts as to Jerry R. Askew, Sr., filed in open Court. (mnew) (Entered: 05/17/2011)
05/16/201123 Sentencing Procedures Order as to Jerry R. Askew, Sr. (signed by Magistrate Judge F. Bradford Stillman on 5/16/11) & filed in open Court. (mnew) (Entered: 05/17/2011)
05/16/201124 Waiver of Right to Rule 11 (Consent) before a U.S. District Judge by Marine Environmental Services, Inc., filed in open Court. (mnew) (Entered: 05/17/2011)
05/16/201125 Unanimous Written Consent of the Board of Directors of Marine Environmental Services, Inc., filed in open Court. (mnew) (Entered: 05/17/2011)
05/16/201126 Minute Entry for proceedings held before Magistrate Judge F. Bradford Stillman: Plea Agreement Hearing as to Marine Environmental Services, Inc. held on 5/16/2011. USA appeared through: Joseph Kosky, AUSA. Dft. Marine Environmental appeared through: Trey Kelleter, ret. Dft. requested to withdraw plea of not guilty to Count 1 and enter a plea of guilty to said Count. Court advised dft. that by pleading guilty the right to a trial by jury is waived. Plea entered by Marine Environmental Services, Inc. (2) Accepted - Guilty Count 1. Remaining counts to be dismissed at sentencing. Continued for pre-sentence report. Court explained that by pleading guilty the right to appeal is waived pursuant to the plea agreement. Sentencing set for 8/24/2011 at 10:00 a.m. in Norfolk Courtroom 1 before District Judge Rebecca Beach Smith. (Court Reporter Sue Ash, OCR.) (mnew) THIS IS A TEXT ONLY ENTRY, A PDF DOCUMENT IS NOT ATTACHED TO THIS ENTRY. (Entered: 05/17/2011)
05/16/201128 Plea Agreement as to Marine Environmental Services, Inc., filed in open Court. (mnew) (Entered: 05/17/2011)
05/16/201129 Statement of Facts as to Marine Environmental Services, Inc., filed in open Court. (mnew) (Entered: 05/17/2011)
05/16/201130 Sentencing Procedures Order as to Marine Environmental Services, Inc. (signed by Magistrate Judge F. Bradford Stillman on 5/16/11) & filed in open Court. (mnew) (Entered: 05/17/2011)
05/16/201131 ORDER Accepting Plea of Guilty as to Marine Environmental Services, Inc. (signed by Magistrate Judge F. Bradford Stillman on 5/16/11) & filed on 5/17/11. (mnew) (Entered: 05/17/2011)
07/20/201132  PRESENTENCE INVESTIGATION REPORT (Disclosed Presentence Investigation Report) (SEALED - government and defense counsel) as to Jerry R. Askew, Sr. Objections to PSI due 08/03/2011. (Van Roey, Christine) (Entered: 07/20/2011)
07/20/201133  PRESENTENCE INVESTIGATION REPORT (Disclosed Presentence Investigation Report) (SEALED - government and defense counsel) as to Marine Environmental Services, Inc.. Objections to PSI due 8/3/11. (pratt, ann) (Entered: 07/20/2011)
08/15/201134  PRESENTENCE INVESTIGATION REPORT (Sentencing Presentence Investigation Report) (SEALED - government and defense counsel) as to Jerry R. Askew, Sr. (pratt, ann) (Entered: 08/15/2011)
08/15/201136  PRESENTENCE INVESTIGATION REPORT (Sentencing Presentence Investigation Report) (SEALED - government and defense counsel) as to Marine Environmental Services, Inc.. (pratt, ann) (Entered: 08/15/2011)
08/17/201138 Position on Sentencing by USA as to Jerry R. Askew, Sr (Kosky, Joseph) (Entered: 08/17/2011)
08/17/201139 Position on Sentencing by USA as to Marine Environmental Services, Inc. (Kosky, Joseph) (Entered: 08/17/2011)
08/17/201140 NOTICE OF ATTORNEY APPEARANCE Joseph L Kosky appearing for USA. (Kosky, Joseph) (Entered: 08/17/2011)
08/17/201141 Position on Sentencing by Marine Environmental Services, Inc. Defendant's Position with Respect to Sentencing Factors (Kelleter, Trey) (Entered: 08/17/2011)
08/18/201142  PRESENTENCE INVESTIGATION REPORT (Sentencing Presentence Investigation Report) (SEALED - government and defense counsel) as to Jerry R. Askew, Sr. (Van Roey, Christine) (Entered: 08/18/2011)
08/18/201143  PRESENTENCE INVESTIGATION REPORT (Sentencing Presentence Investigation Report) (SEALED - government and defense counsel) as to Marine Environmental Services, Inc.. (Van Roey, Christine) (Entered: 08/18/2011)
08/19/201144  PRESENTENCE INVESTIGATION REPORT (Sentencing Presentence Investigation Report) (SEALED - government and defense counsel) as to Marine Environmental Services, Inc.. (Van Roey, Christine) (Entered: 08/19/2011)
08/19/201145  PRESENTENCE INVESTIGATION REPORT (Sentencing Presentence Investigation Report) (SEALED - government and defense counsel) as to Jerry R. Askew, Sr. (Van Roey, Christine) (Entered: 08/19/2011)
08/19/201146 Position on Sentencing by Jerry R. Askew, Sr Defendant's Position with Respect to Sentencing Factors (Attachments: # 1 Exhibit Exhibit A-1-10)(Kelleter, Trey) (Entered: 08/19/2011)
08/24/201147 SENTENCING held before District Judge Rebecca Beach Smith: Gloria Smith, OCR. Joseph Kosky, AUSA, and David Lastra, SAUSA, present on behalf of USA; Trey Kelleter, ret. counsel, present on behalf of defendant corporation and with Jerry Askew (President of defendant corporation). Sentencing held on 8/24/2011 for Marine Environmental Services, Inc. (2). Count 1: Five (5) years probation; $400.00 special assessment; $10,000.00 fine; Counts 2,3,5: Dismissed on government motion at sentencing. Court adjourned. (sche) (Main Document 47 replaced on 8/26/2011) (sche, ). (Entered: 08/25/2011)
08/24/201148 SENTENCING held before District Judge Rebecca Beach Smith: Gloria Smith, OCR. Joseph Kosky, AUSA, and David Lastra, SAUSA, present on behalf of USA; Trey Kelleter, ret. counsel, present with defendant (on bond). Sentencing held on 8/24/2011 for Jerry R. Askew, Sr. (1). The court adjudged defendant guilty of Count 5 of the Indictment. Counts 1,2,3,4: Dismissed on government motion at sentencing; Count 5: Thirty (30) days imprisonment (Home Confinement substituted for incarceration); One (1) year supervised release; $25.00 special assessment; $15,000.00 fine. Court adjourned. (sche) Modified on 8/26/2011 to add court adjudged defendant guilty(sche). (Entered: 08/25/2011)
08/26/201149 JUDGMENT as to Marine Environmental Services, Inc. (2), Count 1, Five (5) years probation; $400.00 special assessment; $10,000.00 fine; Counts 2, 3 and 5, Dismissed on government motion at sentencing (signed by District Judge Rebecca Beach Smith on 8/24/11) & filed on 8/26/11. (mnew) (Entered: 08/26/2011)
08/26/201150 Sealed Statement of Reasons as to Marine Environmental Services, Inc. (signed by District Judge Rebecca Beach Smith on 8/26/11). (mnew) (Entered: 08/26/2011)
08/26/201151 JUDGMENT as to Jerry R. Askew, Sr. (1), Counts 1, 2, 3 and 4, Dismissed on government motion at sentencing; Count 5, Thirty (30) days imprisonment (Home Confinement substituted for incarceration); One (1) year supervised release; $25.00 special assessment; $15,000.00 fine (signed by District Judge Rebecca Beach Smith on 8/24/11) & filed on 8/26/11. (mnew) (Entered: 08/26/2011)
08/26/201152 Sealed Statement of Reasons as to Jerry R. Askew, Sr. (signed by District Judge Rebecca Beach Smith on 8/24/11). (mnew) (Entered: 08/26/2011)
09/01/201153  PRESENTENCE INVESTIGATION REPORT (Final Presentence Investigation Report) (SEALED - government and defense counsel) as to Jerry R. Askew, Sr. (Van Roey, Christine) (Entered: 09/01/2011)
09/01/201154  PRESENTENCE INVESTIGATION REPORT (Final Presentence Investigation Report) (SEALED - government and defense counsel) as to Marine Environmental Services, Inc.. (Van Roey, Christine) (Entered: 09/01/2011)
10/03/201155 Position on Proposed Environmental Management System by USA as to Marine Environmental Services, Inc. Proposed Environmental Management System (Kosky, Joseph) (Entered: 10/03/2011)
01/03/201256 Paper exhibits returned to the Government. (mnew) (Entered: 01/04/2012)
01/05/201257 Paper exhibits returned to the Government. (mnew) (Entered: 01/06/2012)
02/16/201258 Petition and Order on Probation directing a Summons to be issued as to Marine Environmental Services, Inc. (signed by District Judge Rebecca Beach Smith on 2/16/12) & filed on 2/16/12. (mnew) (Entered: 02/16/2012)
02/16/201259 Summons Issued in case as to Marine Environmental Services, Inc. for an initial appearance on 3/2/12 at 9:00 a.m. (mnew) (Entered: 02/16/2012)
02/17/2012  Set Hearings as to Marine Environmental Services, Inc.: Initial Appearance on Revocation Proceedings set for 3/2/2012 at 09:00 AM in Norfolk Mag Courtroom 2 before Magistrate Judge Tommy E. Miller. (lwoo) (Entered: 02/17/2012)
03/02/201260 Summons Returned Executed on 3/1/12 as to Marine Environmental Services, Inc. (arou) (Entered: 03/02/2012)
03/02/201261 Minute Entry for proceedings held before Magistrate Judge Tommy E. Miller:Initial Appearance re Revocation of Supervised Release as to Marine Environmental Services, Inc. held (Court Reporter FTR) USA appeared through Jennifer Cantrell-Sutor, AUSA. Court deferred request for counsel to 3/5/12; Court will enter order. Arraignment set for 3/13/12 at 9:00 am in Norfolk. (arou) (Entered: 03/02/2012)
03/02/201262 CJA 23 Financial Affidavit by Marine Environmental Services, Inc, filed in open court (arou) (Entered: 03/02/2012)
03/07/201263 ORDER Denying Defendant Marine Environmental Services' request for court appointed counsel and directing Marine Environmental Services to appear with counsel on March 13, 2012 at 9:00 a.m. for an initial appearance (signed by Magistrate Judge Tommy E. Miller on 3/7/12) & filed on 3/8/12. (mnew) (Entered: 03/08/2012)
04/04/201264 STATUS HEARING held before District Judge Rebecca Beach Smith: Gloria Smith, OCR. Joseph Kosky, AUSA, present on behalf of USA; Jerry Askew present as a representative of Marine Environmental; Rodney Lang, USPO, present. Status Hearing as to Marine Environmental Services, Inc. held on 4/4/2012. Comments of court and counsel heard. The court directed that the petition be held in abeyance and directed that the probation officer keep the court informed of any future developments re Marine Environmental. Court adjourned. (sche) (Entered: 04/04/2012)
08/02/201265 Report and Order Terminating Probation Prior to Original Expiration Date as to Marine Environmental Services, Inc.. Signed by District Judge Rebecca Beach Smith and filed on 8/2/12. Copies distributed 8/3/12. (ldab, ) (Entered: 08/03/2012)



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