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-00231-HGM-1


Case title: USA v. Maryland Specialty

Date Filed: 05/30/2001
Date Terminated: 05/30/2001

Assigned to: Senior Judge Howard G. Munson

Defendant (1)
Maryland Specialty Wire, Inc., Strandflex Division
TERMINATED: 07/31/2001
represented byJohn P. Hannigan
Bleakley, Platt Law Firm
One North Lexington Avenue
P.O. Box 5056
White Plains, NY 10602-5056
914-949-2700
Fax: 914-683-6956
Email: jhannigan@bpslaw.com
TERMINATED: 07/31/2001
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

George H. Lowe
United States District Court - Syracuse Office
Northern District of New York
100 South Clinton Street
Syracuse, NY 13261
315-234-8610
TERMINATED: 07/31/2001
Designation: Retained

Pending Counts

Disposition
18:287.F FALSE OR FRAUDULENT CLAIMS: Beginning in or about 1991 until 9/18/98, in NDNY, the deft did knowingly cause to be made and be presented to agencies of the U.S., certain false claims knowing the claims to be false, in violation of Title 18, USC, Section 287 and thus defrauded the U.S. of its right to have aircraft control wire rope produced and certified to the provisions of Mil-Spec 83420(D), (E), (F), (G), including the quality control tests mandated therein actually performed.
(1)

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA
TERMINATED: 07/31/2001
represented byGregory A. West
Office of the United States Attorney - Syracuse
P.O. Box 7198
100 South Clinton Street
Syracuse, NY 13261-7198
315-448-0672
Fax: 315-448-0646
Email: gregory.west@usdoj.gov
TERMINATED: 07/31/2001
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Richard Southwick
Office of the United States Attorney - Syracuse
P.O. Box 7198
100 South Clinton Street
Syracuse, NY 13261-7198
315-448-0672
Fax: 315-448-0646
Email: Richard.Southwick@usdoj.gov
TERMINATED: 07/31/2001
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
05/30/2001  Initial appearance as to Maryland Specialty held (Defendant informed of rights.) before Judge Munson (jt) (Entered: 06/14/2001)
05/30/2001WAIVER OF INDICTMENT by Maryland Specialty (jt) (Entered: 06/14/2001)
05/30/2001INFORMATION as to Maryland Specialty (1) count(s) 1 (jt) (Entered: 06/14/2001)
05/30/2001Plea Agreement as to Maryland Specialty (jt) (Entered: 06/14/2001)
05/30/2001  PLEA of Guilty: Maryland Specialty (1) count(s) 1 ; Court accepts plea. Remaining counts, if any, to be dismissed at sentencing. (jt) (Entered: 06/14/2001)
05/30/2001Minute entry as to Maryland Specialty : APPR: Atty George H. Lowe and Atty John P. Hannigan for deft and AUSA Gregory A. West for gov't, AUSA West advised Court of Charges and plea agreement with Corporate deft pursuant to Fed R. Crim. P. Rule 11(e)(1)(C) to One Count Information 2001-CR-231. Judge Munson advised deft's attys of deft's rights. The Corporate deft through its atty signed waiver of Indictment, waived reading of Information 2001-CR-231 and pled Guilty to Count 1 of Information (through Atty Lowe). After extensive interrogation by the Court, Judge Munson accepted plea agreement. Upon the expressed consent of all parties and in the interest of justice, the Court proceeded with sentencing w/o the benefit of presentence investigation and report. The Court found in accordance with USSG 6A1.1 that there was information in the record sufficient to enable the meaningful exercise of the Court's sentencing authority pursuant to 18USC 3553. The Court has before it the Information 2001CR231, Plea Agreement, Civil Settlement Agreement and Remediation Package. SENTENCE: Hon. Munson ordered that the deft Corporation be sentenced to Probation for a term of THREE YEARS-while under Probation Supervision, the deft organization shall comply with the standard conditions of supervision for organizations specified in the Judgement, and the following special conditions: 1)In the event the deft organization is reinstated to the Qualified Products List, the deft will allow the Dept. of Defense and its agents full, complete and immediate access to technical records, personnel and facilities pertaining to manufacturing and processing. The deft organization will also allow Dept. of Defense to conduct unannounced inspections and testing to assure that all Mil-Spec manufacturing and testing requirements are met. The deft shall pay $100,000.00 Restitution to the U.S. and a $500,000.00 Fine to the Clerk of the Court and $400.00 Special Assessment to the Clerk of the Court. Each of the said criminal monetary penalties shall be due immediately. Parties advised of appeal. Court Reporter/ECRO: Eileen T. McDonough (10:00AM) (jt) Modified on 06/14/2001 (Entered: 06/14/2001)
05/30/2001  RECEIPT for Payment of special assessment paid by Maryland Specialty AMOUNT $ 400.00 Receipt # 56540 (mfd) (Entered: 06/28/2001)
05/30/2001  RECEIPT for Payment of fine & restitution paid by Maryland Specialty AMOUNT $ 600,000.00 Receipt # (wire transfer) (mfd) (Entered: 06/29/2001)
05/30/2001  Sentencing held Maryland Specialty (1) count(s) 1 (ptm) (Entered: 07/31/2001)
06/18/2001TRANSCRIPT filed in case as to Maryland Specialty for dates of 5/30/01 before Judge Munson - Plea/Sentencing minutes. (tjm) (Entered: 06/20/2001)
07/25/2001JUDGMENT ( Signed by Senior Judge Howard G. Munson on 7/24/01 ) Date Served: 7/31/01 Entry of Plea: Corporate Deft appears by its attorneys George H. Lowe, Esq and John P. Hannigan, Esq. AUSA Gregory A. West advises Court of Charges and plea agreement with Corporate deft pursuant to Fed R. Crim. P. Rule 11(e)(1)(C) to One Count Information 2001-CR-231. Judge Munson advises Attorney for Corporation of deft's of rights. Pursuant to a Corporate Resolution by Corporate Deft Maryland Specialty Wire, Inc., Strandflex Division, the Corporate deft through its attorney signs waiver of Indictment, waives reading Information 2001-CR-231, and by and through its Attorney George H. Lowe, Esq , pleads Guilty to Count 1 of the Information 2001-CR-231. After extensive interrogation by the Court, Judge Munson accepts the plea agreement directs the entry of a Corporate plea of guilty to Count 1 of the Information 2001-CR-231. Upon the expressed consent of all parties and in the interest of justice, the Court is prepared to proceed with sentencing without the benefit presentence investigation and report. The Court finds in accordance with USSG 6A1.1 that there is information in the record sufficient to enable the meaningful exercise of the Court's sentencing authority pursuant to 18 USC 3553. The Court has before it the Information 2001CR0231, Plea Agreement, Civil Settlement Agreement, and Remediation Package. Sentence. Judge Munson advises deft Corporation of rights and pursuant to the Rule 11(e)(1)(C) Corporate plea of guilty to Count 1 of the Information 2001-CR-231, hereby orders the deft Corporation, Maryland Specialty Wire, Inc., Strandflex Division sentenced to Probation for a term of 3 YEARS. While under Probation Supervision, The deft organization shall comply with the standard conditions of supervision for organizations specified in the Judgment, and the following special conditions: 1) In the event the deft organization is reinstated to the Qualified Products List, the deft organization will allow the Department of Defense and its agents full, complete and immediate access to technical records, personnel and facilities pertaining to manufacturing and processing. The deft organization will also allow Department of Defense to conduct unannounced inspections and testing to assure that all Mil-Spec manufacturing and testing requirements are met. The deft Corporation shall pay Restitution to the United States in the amount of $100,000.00, a Fine to the Clerk of the Court in the amount of $500,000.00 and a Special Assessment to the Clerk of the Court in the amount of $400.00. Each of these criminal monetary penalties shall be due immediately. (ptm) (Entered: 07/31/2001)
06/11/2008  File Transferred to Federal Records Center; Storage Information on this Closed Case: Accession Number 021-04-0211, Box 10 of 14, Location Number E38-17-06-3 (kee) (Entered: 06/11/2008)