CLOSED

U.S. District Court
Northern District of New York - Main Office (Syracuse) [LIVE - Version 4.1.1] (Syracuse)
CRIMINAL DOCKET FOR CASE #: 5:01-cr-00313-HGM-1


Case title: USA v. Martisco Paper Co.

Date Filed: 08/01/2001
Date Terminated: 12/18/2001

Assigned to: Senior Judge Howard G. Munson

Defendant (1)
Martisco Paper Company, Inc.
TERMINATED: 01/04/2002
represented byEdward F. Gerber
c/o James H. Medraf, Esq.
Ali, Pappas & Cox PC
Suite 100
614 James Street
Syracuse, NY 13203-2220
315-472-4481
Fax: Fax 315-472-8299
Email: efgesq@yahoo.com
TERMINATED: 01/04/2002
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
33:1319.F ENFORCEMENT - CRIMINAL PENALTIES: On or about 1990 through 2000, the exact dates being unknown, in Marcellus, NDNY, the deft did knowingly cause to be discharged pollutants from a point source into a water of the U.S.
(1)
Sentencing: Deft Corporation appears by Atty Edward F. Gerber, Esq. AUSA Craig Armstrong Bendict moves sentence. Judge Munson rules as to guideline applications and departs pursuant to Rule 11(e)(1)(c) binding plea agreement and advises deft of right to speak. Deft's Atty speaks. Judge Munson, upon deft Martisco Paper Company's plea of guilty to Count 1 of the Information 00-CR-313, hereby orders the deft Corporation sentenced to Probation for a term of 3 YEARS. In lieu of restitution and as agreed to in the binding plea agreement the deft corporation is further ordered to make a charitable contribution of $40,000.00 to the National Fish And Wildlife Foundation which is to be paid in three installments over a three year perio d. The first installment is due on or before December 21, 2001 withproof of payment to the US Attorney's Office and the US Probation Office. While on probation, the deft Corporation shall not commit another federal state or local crime, shall co mply with the standard conditions that he been adopted and the following special conditions: 1) The deft corporation shall make periodic submissions to the Probation Officer, reporting on the organization's financial condition and the results of business operations, and accounting for the disposition of all funds received, as requested by the Probation Officer. 2) The Deft corporation shall be required to notify the Court or Probation Officer immediately upon learning of (A) any material ad verse change in its business or financial condition or prospects, or (B) the commencement of any Bankruptcy proceeding, major Civil litigation, Criminal prosecution, or administrative proceeding against the organization or any investigation or formal inquiry by governmental authorities regarding the organization. 3) The Deft corporation shall pay any special assessment and financial contributions that are imposed by the Court. 4) The Deft corporation shall develop and submit to the Environmental Protection Agency a program to prevent and detect violation of law, including a schedule for implementation. A copy of the program shall be submitted to the Probation Officer. Special Assessment: $400.00. The Court notes the Special Assessment was paid in full on August 1, 2001.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA
TERMINATED: 01/04/2002
represented byCraig A. Benedict
Office of the United States Attorney - Syracuse
P.O. Box 7198
100 South Clinton Street
Syracuse, NY 13261-7198
315-448-0672
Fax: 315-448-0658
Email: craig.benedict@usdoj.gov
TERMINATED: 01/04/2002
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
08/01/2001RESOLUTION ADOPTED BY UNANIMOUS WRITTEN CONSENT BY ALL OF THE DIRECTORS OF MARTISCO PAPER COMPANY, INC.: Resolved that Edward F. Gerber, Esq. be retained by the Corporation to represent the Corporation with regard to violations alleged by the EPA and DEC before such agencies and/or any state or federal court and to take such actions that he deem necessary or advisable in furtherance thereof and in the best interests of the Corporation (signed by Darryl Meiers, Agnes Meiers, David Meiers and Paul Meiers-dated 5/1/01) (jt) (Entered: 08/03/2001)
08/01/2001  Initial appearance as to Martisco Paper Co. held (Defendant informed of rights.) before Judge Munson (jt) (Entered: 08/03/2001)
08/01/2001WAIVER OF INDICTMENT by Martisco Paper Co. (jt) (Entered: 08/03/2001)
08/01/2001INFORMATION as to Martisco Paper Co. (1) count(s) 1 (jt) (Entered: 08/03/2001)
08/01/2001Plea Agreement as to Martisco Paper Co. (jt) (Entered: 08/03/2001)
08/01/2001  PLEA of Guilty: Martisco Paper Co. (1) count(s) 1 ; Court accepts plea. Remaining counts, if any, to be dismissed at sentencing. (jt) (Entered: 08/03/2001)
08/01/2001Minute entry as to Martisco Paper Co.: APPR: Atty Edward Gerber for corporate deft; AUSA Craig Benedict for gov't. Atty Gerber files Corporate Resolution. AUSA Benedict advises Court of charges and plea agreement. Judge Munson advises Atty for Corporate of deft rights. Pursuant to a duly executed Corporate Resolution Adopted by Unanimous Written Consent of the Board of Directors authorizing Atty Edward F. Gerber to enter into a plea agreement, Corporate deft and Atty sign Waiver of Indictment, corporate deft waives reading of Information and pleads guilty to Count 1 of Information 2001-cr-313 and is sworn in. After extensive interrogation by the Court, Judge Munson directs the entry of PLEA of GUILTY to Count 1 of Information 2001-cr-313 , orders PSI Report and sets Sentencing for 2:00 12/14/01 for Martisco Paper Co. in USDC/Syracuse, NY. Court Reporter/ECRO: Kenneth Crewell; Clerk: Phillip McBrearty (11:00AM) (jt) (Entered: 08/03/2001)
08/01/2001  RECEIPT for Payment of special assessment paid by Martisco Paper Co. AMOUNT $ 400.00 Receipt # 59298 (mfd) (Entered: 08/07/2001)
12/18/2001Minute entry as to Martisco Paper Co. : Court Reporter/ECRO: Eileen T. McDonough Sentencing: Deft Corporation appears by Atty Edward F. Gerber, Esq. AUSA Craig Armstrong Bendict moves sentence. Judge Munson rules as to guideline applications and departs pursuant to Rule 11(e)(1)(c) binding plea agreement and advises deft of right to speak. Deft's Atty speaks. Judge Munson, upon deft Martisco Paper Company's plea of guilty to Count 1 of the Information 00-CR-313, hereby orders the deft Corporation sentenced to Probation for a term of 3 YEARS. In lieu of restitution and as agreed to in the binding plea agreement the deft corporation is further ordered to make a charitable contribution of $40,000.00 to the National Fish And Wildlife Foundation which is to be paid in three installments over a three year period. The first installment is due on or before December 21, 2001 withproof of payment to the US Attorney's Office and the US Probation Office. While on probation, the deft Corporation shall not commit another federal state or local crime, shall comply with the standard conditions that he been adopted and the following special conditions: 1) The deft corporation shall make periodic submissions to the Probation Officer, reporting on the organization's financial condition and the results of business operations, and accounting for the disposition of all funds received, as requested by the Probation Officer. 2) The Deft corporation shall be required to notify the Court or Probation Officer immediately upon learning of (A) any material adverse change in its business or financial condition or prospects, or (B) the commencement of any Bankruptcy proceeding, major Civil litigation, Criminal prosecution, or administrative proceeding against the organization or any investigation or formal inquiry by governmental authorities regarding the organization. 3) The Deft corporation shall pay any special assessment and financial contributions that are imposed by the Court. 4) The Deft corporation shall develop and submit to the Environmental Protection Agency a program to prevent and detect violation of law, including a schedule for implementation. A copy of the program shall be submitted to the Probation Officer. Special Assessment: $400.00. The Court notes the Special Assessment was paid in full on August 1, 2001. Parties advised of appeal. (ptm) (Entered: 01/07/2002)
12/18/2001  Sentencing held Martisco Paper Co. (1) count(s) 1 (ptm) (Entered: 01/07/2002)
01/04/20027JUDGMENT Martisco Paper Co. (1) count(s) 1. Sentencing: Deft Corporation appears by Atty Edward F. Gerber, Esq. AUSA Craig Armstrong Bendict moves sentence. Judge Munson rules as to guideline applications and departs pursuant to Rule 11(e)(1)(c) binding plea agreement and advises deft of right to speak. Deft's Atty speaks. Judge Munson, upon deft Martisco Paper Company's plea of guilty to Count 1 of the Information 00-CR-313, hereby orders the deft Corporation sentenced to Probation for a term of 3 YEARS. In lieu of restitution and as agreed to in the binding plea agreement the deft corporation is further ordered to make a charitable contribution of $40,000.00 to the National Fish And Wildlife Foundation which is to be paid in three installments over a three year period. The first installment is due on or before December 21, 2001 withproof of payment to the US Attorney's Office and the US Probation Office. While on probation, the deft Corporation shall not commit another federal state or local crime, shall comply with the standard conditions that he been adopted and the following special conditions: 1) The deft corporation shall make periodic submissions to the Probation Officer, reporting on the organization's financial condition and the results of business operations, and accounting for the disposition of all funds received, as requested by the Probation Officer. 2) The Deft corporation shall be required to notify the Court or Probation Officer immediately upon learning of (A) any material adverse change in its business or financial condition or prospects, or (B) the commencement of any Bankruptcy proceeding, major Civil litigation, Criminal prosecution, or administrative proceeding against the organization or any investigation or formal inquiry by governmental authorities regarding the organization. 3) The Deft corporation shall pay any special assessment and financial contributions that are imposed by the Court. 4) The Deft corporation shall develop and submit to the Environmental Protection Agency a program to prevent and detect violation of law, including a schedule for implementation. A copy of the program shall be submitted to the Probation Officer. Special Assessment: $400.00. The Court notes the Special Assessment was paid in full on August 1, 2001. ( Signed by Senior Judge Howard G. Munson on 1/4/02 ) Date Served: 1/7/02 (ptm) (Entered: 01/07/2002)
12/31/20038LETTER APPLICATION/MOTION from Kevin McCormack, Esq. for Martisco Paper Company, Inc. requesting Early Termination of Probation; Attached Exhibit A (kcl, ) (Entered: 01/06/2004)