CLOSED

United States District Court
District of Massachusetts (Boston)
CRIMINAL DOCKET FOR CASE #: 1:08-cr-10047-RGS-1


Case title: USA v. McCourt Construction Co., Inc.

Date Filed: 02/29/2008
Date Terminated: 11/07/2008

Assigned to: Judge Richard G. Stearns

Defendant (1)
McCourt Construction Co., Inc.
TERMINATED: 11/07/2008
doing business as
McCourt/Obayashi Joint Venture
TERMINATED: 11/07/2008
represented byA. John Pappalardo
Greenberg Traurig, LLP
One International Place
Boston, MA 02110
617-310-6072
Fax: 617-310-6001
Email: pappalardoj@gtlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Evan Georgopoulos
Greenberg Traurig, LLP
One International Place
Boston, MA 02110
617-310-6000
Fax: 617-310-6001
Email: georgopoulose@gtlaw.com
ATTORNEY TO BE NOTICED
Designation: Retained

Sebastian R. Colley
Greenberg Traurig LLP
One International Place
Boston, MA 02110
617-310-6000
Fax: 617-310-6001
Email: colleys@gtlaw.com
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:286 - CONSPIRACY TO DEFRAUD THE GOVERNMENT WITH RESPECT TO CLAIMS
(1)
3 years' Probation with Special Conditions. Fine in the amount of $500,000.00 to be paid forthwith. Special Assessment of $400 to be paid forthwith. Restitution to be paid in the amount of $600,000.00.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byEugenia M. Carris
United States Attorney's Office
John Joseph Moakley Federal Courthouse
1 Courthouse Way
Suite 9200
Boston, MA 02210
617-748-3376
Fax: 617-748-3954
Email: eugenia.carris@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
02/29/20081INFORMATION (Felony) as to McCourt Construction Co., Inc. (1) count(s) 1. (Attachments: # 1 js45)(Catino2, Theresa) (Entered: 02/29/2008)
02/29/20082 MOTION for Hearing as to McCourt Construction Co., Inc.by USA. (Attachments: # 1 Plea Agreement)(Carris, Eugenia) (Entered: 02/29/2008)
03/12/2008   Judge Richard G. Stearns: Electronic ORDER entered granting 2 Motion for Hearing as to McCourt Construction Co., Inc. (1). (Johnson, Mary) (Entered: 03/13/2008)
03/13/2008  ELECTRONIC NOTICE OF HEARING as to McCourt Construction Co., Inc.: "A Waiver of Indictment and Plea to an Information Hearing is scheduled for Friday, 5/2/2008 at 02:00 PM in Courtroom 21 before Judge Richard G. Stearns. " M. Johnson, Deputy Clerk.(Johnson, Mary) . Modified on 3/13/2008 (Johnson, Mary). (Entered: 03/13/2008)
03/25/20083NOTICE OF ATTORNEY APPEARANCE: Sebastian R. Colley appearing for McCourt Construction Co., Inc. (Colley, Sebastian) (Entered: 03/25/2008)
03/25/20084NOTICE OF ATTORNEY APPEARANCE: A. John Pappalardo appearing for McCourt Construction Co., Inc. (Pappalardo, A.) (Entered: 03/25/2008)
03/25/20085NOTICE OF ATTORNEY APPEARANCE: Evan Georgopoulos appearing for McCourt Construction Co., Inc. (Georgopoulos, Evan) (Entered: 03/25/2008)
03/25/20086 MOTION to Continue Waiver of Indictment and Plea to an Information to May 20, 2008 as to McCourt Construction Co., Inc.. (Colley, Sebastian) (Entered: 03/25/2008)
04/01/2008   Judge Richard G. Stearns: Electronic ORDER entered granting 6 Motion to Continue as to McCourt Construction Co., Inc. (1). "Hearing continued to 5-20-08 at 2:00 P.M. Time is ordered excluded from 3/25/08 to 5/20/08." R. G. Stearns, USDJ. (Johnson, Mary) Modified on 4/1/2008 (Johnson, Mary). (Entered: 04/01/2008)
05/19/20087NOTICE Of Corporate Authorization To Enter A Change Of Plea And Waive Indictment by McCourt Construction Co., Inc. (Colley, Sebastian) (Entered: 05/19/2008)
05/20/20088WAIVER OF INDICTMENT filed in open Court by McCourt Construction Co., Inc. (Johnson, Mary) (Entered: 05/21/2008)
05/20/20089PLEA AGREEMENT filed in open Court as to McCourt Construction Co., Inc. (Johnson, Mary) (Entered: 05/21/2008)
05/20/2008  Electronic Clerk Notes for proceedings held before Judge Richard G. Stearns: Waiver of Indictment and Plea to Information Hearing as to McCourt Construction Co., Inc. held on 5/20/2008. Waiver of Indictment filed in open Court by McCourt Construction Co. After hearing, the defendant corporation through its attorney, John Pappalardo, Esq., entered a plea of guilty to the one-count Information and guilty plea is accepted by the Court. Sentencing is scheduled for August 22, 2008 at 2:30 P.M. (Court Reporter James Gibbons.)(Attorneys present: AUSA Wyshak; AUSA Carris; Attys. Pappalardo and Georgopolous) (Johnson, Mary) . (Entered: 05/21/2008)
05/21/200810Judge Richard G. Stearns: ORDER entered. PROCEDURAL ORDER re sentencing hearing as to McCourt Construction Co., Inc. : Sentencing set for 8/22/2008 02:30 PM in Courtroom 21 before Judge Richard G. Stearns. (Johnson, Mary) (Entered: 05/21/2008)
08/13/200811Transcript of Waiver of Indictment and Plea Hearing as to McCourt Construction Co., Inc. held on May 20, 2008, before Judge Stearns. Court Reporter James P. Gibbons at jmsgibbons@yahoo.com. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or 9/1/2008. Redacted Transcript Deadline set for 9/10/2008. Release of Transcript Restriction set for 11/10/2008. (Scalfani, Deborah) (Entered: 08/13/2008)
08/13/200812NOTICE is hereby given that an official transcript of a proceeding as to McCourt Construction Co., Inc. has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry. (Scalfani, Deborah) (Entered: 08/13/2008)
08/13/200813Assented to MOTION to Continue Sentencing to August 29, 2008 as to McCourt Construction Co., Inc.. (Pappalardo, A.) (Entered: 08/13/2008)
08/14/2008   Judge Richard G. Stearns: Electronic ORDER entered granting 13 Motion to Continue as to McCourt Construction Co., Inc. (1). Sentencing re-scheduled to 8/29/2008 at 02:30 PM in Courtroom 21 before Judge Richard G. Stearns. (Johnson, Mary) (Entered: 08/14/2008)
08/19/200814Assented to MOTION to Continue Sentencing as to McCourt Construction Co., Inc.by USA. (Carris, Eugenia) (Entered: 08/19/2008)
08/20/2008   Judge Richard G. Stearns: Electronic ORDER entered granting 14 Motion to Continue as to McCourt Construction Co., Inc. (1)."Sentencing is re-scheduled to FRIDAY, SEPTEMBER 12, 2008 AT 2:30 P.M." (Johnson, Mary) (Entered: 08/20/2008)
09/10/200815Assented to MOTION to Continue Sentencing as to McCourt Construction Co., Inc.by USA. (Carris, Eugenia) (Entered: 09/10/2008)
09/11/2008   Judge Richard G. Stearns: Electronic ORDER entered granting 15 Motion to Continue as to McCourt Construction Co., Inc. (1). "The Court will treat the instant motion as a motion to continue the sentencing currently scheduled for September 12, 2008. Sentencing is therefore re-scheduled to Friday, 10/3/2008 at 03:15 PM in Courtroom 21 before Judge Richard G. Stearns." (Johnson, Mary) . (Entered: 09/11/2008)
10/02/2008  ELECTRONIC NOTICE OF RESCHEDULING as to McCourt Construction Co., Inc. Sentencing re-scheduled to Friday, 10/24/2008 at 03:30 PM in Courtroom 21 before Judge Richard G. Stearns. (Johnson, Mary) (Entered: 10/02/2008)
10/08/200816Assented to MOTION to Continue Sentencing to November 7, 2008 as to McCourt Construction Co., Inc.. (Colley, Sebastian) (Entered: 10/08/2008)
10/09/2008   Judge Richard G. Stearns: Electronic ORDER entered granting 16 Motion to Continue as to McCourt Construction Co., Inc. (1): Sentencing re-scheduled to Friday, 11/7/2008 at 02:00 PM in Courtroom 21 before Judge Richard G. Stearns. (Johnson, Mary) (Entered: 10/09/2008)
10/31/200817SENTENCING MEMORANDUM by McCourt Construction Co., Inc. (Attachments: # 1 Exhibit A)(Pappalardo, A.) (Entered: 10/31/2008)
11/04/200818SENTENCING MEMORANDUM by USA as to McCourt Construction Co., Inc. (Attachments: # 1 Exhibit 10-1-08 Ltr from MTA)(Carris, Eugenia) (Entered: 11/04/2008)
11/07/2008  Electronic Clerk Notes for proceedings held before Judge Richard G. Stearns: Sentencing held on 11/7/2008 for McCourt Construction Co., Inc. (1). Count(s) 1, 3 years' Probation with Special Conditions. Fine in the amount of $500,000.00 to be paid forthwith. Special Assessment of $400 to be paid forthwith. Court enters provisional order of restitution in the amount of $600,000.00 but allows the Government 45 days to file a statement verifying the total correct amount. (Court Reporter James Gibbons.)(Attorneys present: AUSA Carris; Attys. Pappalardo and Georgopoulos; USPO Lauro Roffo) (Johnson, Mary). (Entered: 11/07/2008)
11/07/200819Judge Richard G. Stearns: ORDER entered. JUDGMENT as to McCourt Construction Co., Inc. (1), Count(s) 1, 3 years' Probation with Special Conditions. Fine in the amount of $500,000.00 to be paid forthwith. Special Assessment of $400 to be paid forthwith. Court enters provisional order of restitution in the amount of $600,000.00 but allows the Government 45 days to file a statement verifying the total correct amount. (Johnson, Mary) (Entered: 11/07/2008)
11/07/2008  Case Terminated as to McCourt Construction Co., Inc. (Johnson, Mary) (Entered: 11/07/2008)
12/08/200820NOTICE REGARDING RESTITUTION by USA as to McCourt Construction Co., Inc. (Carris, Eugenia) (Entered: 12/08/2008)
02/04/200921Judge Richard G. Stearns: ORDER entered. AMENDED JUDGMENT as to McCourt Construction Co., Inc. (1), Count(s) 1, 3 years' Probation with Special Conditions. Fine in the amount of $500,000.00 to be paid forthwith. Special Assessment of $400 to be paid forthwith. Restitution to be paid inthe amount of $600,000.00. (Johnson, Mary) (Entered: 02/04/2009)