District of Utah (Central)
CRIMINAL DOCKET FOR CASE #: 2:05-cr-00811-DB-1

Case title: USA v. McWane Inc et al

Date Filed: 11/03/2005
Date Terminated: 02/10/2006

Assigned to: Judge Dee Benson

Defendant (1)
McWane Inc
TERMINATED: 02/10/2006
represented byFrancis M. Wikstrom
PARSONS BEHLE & LATIMER
201 S MAIN ST STE 1800
PO BOX 45898
SALT LAKE CITY, UT 84145-0898
(801)532-1234
Email: ecf@parsonsbehle.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Lawrence J. Leigh
PARSONS BEHLE & LATIMER
201 S MAIN ST STE 1800
PO BOX 45898
SALT LAKE CITY, UT 84145-0898
(801) 536-6675
Email: ecf@parsonsbehle.com
ATTORNEY TO BE NOTICED
Designation: Retained

Michael A. Zody
PARSONS BEHLE & LATIMER
201 S MAIN ST STE 1800
PO BOX 45898
SALT LAKE CITY, UT 84145-0898
(801)532-1234
Email: ecf@parsonsbehle.com
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
STATEMENTS OR ENTRIES GENERALLY False Statement; 18:2 Aiding & Abetting
(4-5)
Probation 36 months. Fine $3,000.000.00 SPA $800.00

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
CONSPIRACY TO DEFRAUD THE GOVERNMENT
(1)
Dismissed per Govt motion
FEDERAL ENFORCEMENT PROCEDURES, PENALTY 42:7413(c)(2)(C) Clean Air Act; 18:2 Aiding and Abetting
(2)
Dismissed per Govt motion
FEDERAL ENFORCEMENT PROCEDURES, PENALTY 42:7413(c)(2)(A) Clean Air Act; 18:2 Aiding and Abetting
(3)
Dismissed per Govt motion
STATEMENTS OR ENTRIES GENERALLY False Statement; 18:2 Aiding & Abetting
(6)
Dismissed per Govt

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byChristopher Costantini
US DEPARTMENT OF JUSTICE (ENRD ECS)
ENRD ECS
PO BOX 23985
WASHINGTON, DC 20026
(202)305-0375
LEAD ATTORNEY

H. Claire Whitney
US DEPT OF JUSTICE
PO BOX 23985
WASHINGTON, DC 20026-3985
(202) 305-0362
Email: claire.whitney@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Leshia M. Lee-Dixon
US ATTORNEY'S OFFICE (UT)
SALT LAKE CITY, UT 00000
(801)524-5682
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Richard N. Lambert
US ATTORNEY'S OFFICE (UT)
SALT LAKE CITY, UT 00000
(801)325-3267
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Richard Poole
US DEPARTMENT OF JUSTICE (ENRD ECS)
ENRD ECS
PO BOX 23985
WASHINGTON, DC 20026
(202)305-0321
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Andrea T. Steward
222 W 7TH AVE STE 253
ANCHORAGE, AK 99513
(202)305-0230
Email: aunnie.steward@usdoj.gov
ATTORNEY TO BE NOTICED

Barbara Bearnson
US ATTORNEY'S OFFICE (UT)
SALT LAKE CITY, UT 00000
(801)325-3230
Email: barbara.bearnson@usdoj.gov
ATTORNEY TO BE NOTICED

Thomas T. Ballantine
US DEPARTMENT OF JUSTICE (601)
601 D ST NW
WASHINGTON, DC 20004
(202)305-0321
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
11/03/20051INDICTMENT as to McWane, Inc. (1) count(s) 1, 2, 3, 4-6; Charles Matlock (2) count(s) 1, 2; Charles Barry Robison (3) count(s) 1, 4. Assigned to Judge Tena Campbell (alt) (Entered: 11/04/2005)
11/04/20052**SEALED DOCUMENT** Summonses Issued in case as to McWane, Inc., Charles Matlock, Charles Barry Robison. Initial Appearance set for 12/6/2005 09:00 AM in Room 477 before Magistrate Judge Brooke C. Wells. (alt) (Entered: 11/04/2005)
11/04/20053NOTICE OF ATTORNEY APPEARANCE: Francis M Wikstrom appearing for McWane, Inc. (Wikstrom, Francis) (Entered: 11/04/2005)
11/08/20055NOTICE OF ATTORNEY APPEARANCE: Lawrence J. Leigh appearing for McWane, Inc. Leigh, Lawrence (Leigh, Lawrence) (Entered: 11/08/2005)
11/09/20056NOTICE OF ATTORNEY APPEARANCE: Michael A. Zody appearing for McWane, Inc. (Zody, Michael) (Entered: 11/09/2005)
11/15/2005  Attorney update in case as to McWane, Inc., Charles Matlock, Charles Barry Robison. Attorney Barbara Bearnson for USA added (alt) (Entered: 11/15/2005)
11/15/200510MOTION/ORDER granting motion for Admission Pro Hac Vice of Christopher Constantini for USA, Andrea T. Steward for USA.
Attorneys admitted pro hac vice may download a copy of the District of Utah's local rules from court's web site at http://www.utd.uscourts.gov. Signed by Judge Tena Campbell on 11/15/05 (alt) (Entered: 11/16/2005)
11/16/200511ORDER OF RECUSAL in case as to McWane Inc, Charles Matlock, Charles Barry Robison. Judge Tena Campbell recused. Case reassigned to Judge Dee Benson for all further proceedings. Signed by Judge Tena Campbell on 11/16/05 (alt) (Entered: 11/16/2005)
11/16/200512**RESTRICTED DOCUMENT** Summons Returned Executed on 11/14/05 as to McWane Inc (alt) (Entered: 11/21/2005)
12/06/200515 NOTICE OF HEARING as to McWane Inc, Charles Matlock, Charles Barry Robison (Notice generated by BCW Chambers) Initial Appearance set for 12/8/2005 at 09:30 AM in Room 477 before Magistrate Judge Brooke C. Wells. (jwd, ) (Entered: 12/06/2005)
12/08/200516 Minute Entry for proceedings held before Judge Brooke C. Wells :Arraignment/Initial Appearance as to McWane Inc (1) Count 1,2,3,4-6 and Charles Barry Robison (3) Count 1,4 and Charles Matlock (2) Count 1,2 held on 12/8/2005. Defendants present with retained counsel and in custody. Charges, rights and penalties explained. The defendants waived reading of the indictment. Counsel and the Court addressed issues with regard to production of discovery documents and the release/supervision status of the defendants. The United States is to provide all discovery in its possession as soon as possible, with the ongoing requirement that any additional discovery be provided within the confines of Rule 16. The Court directed that the reports requested by defense counsel be produced no later than 12/16/05. The defendants are to be released on their own recognizance. The defendants must appear for all upcoming hearings and meet with pre-trial services as required. Mr. Matlock is to report to the U.S. Marshal's Office to be processed. Discovery due by 1/6/2006. Motions due by 1/27/2006. Plea Agreement due by 1/30/2006. Proposed Jury Instructions along with proposed voir dire questions 2/10/2006. 4-week day Jury Trial set for 2/13/2006 08:30 AM before Judge Dee Benson. Attorney for Plaintiff: Christopher Constantini and Andrea Steward, Attorney for Defendant: Francis M Wikstrom, Lawrence J. Leigh, Michael A. Zody on behalf of McWane; Max D Wheeler and Samuel S. Harkness on behalf of Charles Matlock; and Rodney G. Snow and Walter A. Romney, Jr. on behalf of Charles Robinson, ret. Probation Officer: Jerry Hawk and Jayson Kelker.(Court Reporter Electronic, Tape #247 & 248, Log #6237-End & 0-967.) (tsh, ) (Entered: 12/13/2005)
12/13/200517NOTICE OF ATTORNEY APPEARANCE Leshia M. Lee-Dixon appearing for USA. (Lee-Dixon, Leshia) (Entered: 12/13/2005)
12/20/200518MOTION/ORDER granting motion for Admission Pro Hac Vice for of H. Claire Whitney for USA, Thomas T. Ballantine for USA.
Attorneys admitted pro hac vice may download a copy of the District of Utah's local rules from court's web site at http://www.utd.uscourts.gov. Signed by Judge Dee Benson on 12/19/05. (kvs, ) (Entered: 12/20/2005)
01/11/200623Joint MOTION to Exclude the Government's Expert Witnesses and Request for Expedited Hearing by Charles Matlock as to McWane Inc. (Harkness, Samuel) (Entered: 01/11/2006)
01/11/200624Joint MOTION to Exclude the Government's Expert Witnesses and Request for Expedited Hearing by Charles Matlock as to McWane Inc, Charles Matlock, Charles Barry Robison. (Harkness, Samuel) (Entered: 01/11/2006)
01/11/200625 MEMORANDUM in Support by Charles Matlock as to McWane Inc, Charles Matlock, Charles Barry Robison re 3 Exhibit C)(Harkness, Samuel) (Entered: 01/11/2006)
01/12/200627ORDER REFERRING CASE to Magistrate Judge David Nuffer as to McWane Inc, Charles Matlock, Charles Barry Robison under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. Signed by Judge Dee Benson on 1/12/06. (kvs, ) (Entered: 01/12/2006)
01/12/200628 NOTICE OF HEARING ON MOTION
in case as to McWane Inc, Charles Matlock, Charles Barry Robison re 24 Joint MOTION to Exclude the Government's Expert Witnesses and Request for Expedited Hearing:

Motion Hearing set for Tuesday, 1/24/2006 11:00 AM in Room 436 before Magistrate Judge David Nuffer.
Government is ordered to file their response to the motion on or before Thursday, 1/19/06.
(asb, ) (Entered: 01/12/2006)
01/16/200629Joint MOTION to Exclude Certain Government Expert Witnesses From Testifying at Trial by Charles Matlock as to McWane Inc, Charles Matlock, Charles Barry Robison. (Wheeler, Max) (Entered: 01/16/2006)
01/16/200630 MEMORANDUM in Support by Charles Matlock as to McWane Inc, Charles Matlock, Charles Barry Robison re 29 Joint MOTION to Exclude Certain Government Expert Witnesses From Testifying at Trial (Wheeler, Max) (Entered: 01/16/2006)
01/17/200633Defendant's MOTION for Issuance of Subpoena in a Criminal Case by McWane Inc. (Attachments: # 2 Text of Proposed Order)(Zody, Michael) (Entered: 01/17/2006)
01/18/200634 NOTICE OF HEARING as to McWane Inc, Charles Matlock, Charles Barry Robison (Notice generated by chambers)Daubert Hearing set for 2/3/2006 11:00 AM in Room 246 before Judge Dee Benson.Govt is ordered to respond to the motion on or before Tuesday, January 31, 2006 (reb, ) (Entered: 01/18/2006)
01/18/200635 AMENDED NOTICE OF HEARING as to McWane Inc, Charles Matlock, Charles Barry Robison (Notice generated by chambers) Daubert Hearing set for 2/3/2006 11:00 AM in Room 246 before Judge Dee Benson. Govt is ordered to respond to the motion on or before Tuesday, January 31, 2006 and to produce the expert witnesses at issue. (reb, ) (Entered: 01/18/2006)
01/18/200636ORDER granting 33 Motion for Issuance of Subpoena as to McWane Inc (1)
Signed by Judge David Nuffer on January 18, 2005. (Nuffer, David) (Entered: 01/18/2006)
01/18/200638MOTION/ORDER granting motion for Admission Pro Hac Vice for of Richard Poole for USA.
Attorneys admitted pro hac vice may download a copy of the District of Utah's local rules from court's web site at http://www.utd.uscourts.gov. Signed by Judge Dee Benson on 1/18/06. (kvs, ) (Entered: 01/19/2006)
01/19/200639RESPONSE to Motion by USA as to McWane Inc, Charles Matlock, Charles Barry Robison re 24 Joint MOTION to Exclude the Government's Expert Witnesses and Request for Expedited Hearing (Lee-Dixon, Leshia) (Entered: 01/19/2006)
01/19/200640 MOTION to Continue , Stay Order Issued January 18, 2006 and Request to File Response to Defendant's Motion for Fed. R. Crim. Proc. Rule 17(c) Subpoena Duces Tecum by USA as to McWane Inc, Charles Matlock, Charles Barry Robison. (Attachments: # 1 Text of Proposed Order)(Lee-Dixon, Leshia) (Entered: 01/19/2006)
01/19/200641ORDER granting 40 Motion to Stay Order Authorizing Issuance of Subpoena as to McWane Inc (1), Charles Matlock (2), Charles Barry Robison (3). Signed by Judge David Nuffer on January 19, 2006.
(Nuffer, David) (Entered: 01/19/2006)
01/23/200643RESPONSE to Motion by USA as to McWane Inc, Charles Matlock, Charles Barry Robison re 33 Defendant's MOTION for Issuance of Subpoena in a Criminal Case (Lee-Dixon, Leshia) (Entered: 01/23/2006)
01/23/200644REPLY TO RESPONSE to Motion by McWane Inc as to McWane Inc, Charles Barry Robison re 23 Joint MOTION to Exclude the Government's Expert Witnesses and Request for Expedited Hearing (Leigh, Lawrence) (Entered: 01/23/2006)
01/24/200646 Minute Entry for proceedings held before Judge David Nuffer :
Counsel present for parties. Discussion heard on the defendants' joint motion to exclude government's expert witnesses. Court ORDERED that the government provide comprehensive statements of each expert witness's opinions, and the bases and reasons for those opinions by 2/1/06.

Discussion also heard on altering the schedule in the case. Court ordered that defendants' counsel provide the names, resumes and subject matter area of their expert witnesses by 2/8/06 and their opinions and the bases and reasons for those opinions by 2/15/06. Mr. Wikstrom to prepare the order.

Discussion heard on the defendants' motion for subpoenas duces tecum. Discussion heard. The Court lifted the order to stay of the subpoenas. Mr. Wikstrom to prepare the order. Court recessed.

Court continued on the record for sealed proceedings re: sealed motion 21 with Ms. Bearnson, Mr. Wikstrom and Mr. Wheeler. Response due from McWane and Matlock by 2/1/06 and reply due 2/3/06. Court adjourned.

granting in part and denying in part 24 Motion to Exclude as to McWane Inc (1), Charles Matlock (2), Charles Barry Robison (3); Motion Hearing as to McWane Inc, Charles Matlock, Charles Barry Robison, McWane Inc, Charles Matlock, Charles Barry Robison held on 1/24/2006 re 24 Joint MOTION to Exclude the Government's Expert Witnesses and Request for Expedited Hearing; Motion Hearing as to McWane Inc, Charles Matlock, Charles Barry Robison, McWane Inc, Charles Matlock, Charles Barry Robison held on 1/24/2006 re 24 Joint MOTION to Exclude the Government's Expert Witnesses and Request for Expedited Hearing; Motion Hearing as to McWane Inc, Charles Matlock, Charles Barry Robison, McWane Inc, Charles Matlock, Charles Barry Robison held on 1/24/2006 re 24 Joint MOTION to Exclude the Government's Expert Witnesses and Request for Expedited Hearing Attorney for Plaintiff: Richard Poole, Andrea Steward, Barbara Bearnson, Leshia Lee-Dixon, Attorney for Defendant: Fran Wikstrom, Max Wheeler, Sam Harkness, Rodney Snow, Ret.(Court Reporter Dawn Brummer-Haun, Tape #362, 363, Log #4556-End, 0-352, 1548-2364.) (asb, ) (Entered: 01/25/2006)
01/26/200648ORDER denying 29 Motion to Exclude as to McWane Inc (1), Charles Matlock (2), Charles Barry Robison (3). Signed by Judge David Nuffer on 1/26/06. (kvs, ) (Entered: 01/27/2006)
01/26/200649ORDER as to McWane Inc, Charles Matlock, Charles Barry Robison vacating 41 Order on Motion to stay the subpoena. Signed by Judge David Nuffer on 1/26/06. (kvs, ) (Entered: 01/27/2006)
01/26/200650STIPULATED ORDER ON DFTS EXPERT DISCLOSURES as to McWane Inc, Charles Matlock, Charles Barry Robison . Signed by Judge David Nuffer on 1/26/06. (kvs, ) (Entered: 01/27/2006)
01/31/200651 ORDER as to McWane Inc, Charles Matlock re deadlines set in Minute Entry 46
On telephone request of Barbara Bearnson and Fran Wikstrom, the briefing on sealed motion 21 is stayed.
Signed by Judge David Nuffer on January 31, 2006. (Nuffer, David) (Entered: 01/31/2006)
02/03/200652 NOTICE OF HEARING as to McWane Inc (Notice generated by chambers) Change of Plea Hearing set for 2/8/2006 11:00 AM in Room 246 before Judge Dee Benson. (reb, ) (Entered: 02/03/2006)
02/08/200656STATEMENT IN ADVANCE OF PLEA as to McWane Inc (kvs, ) (Entered: 02/09/2006)
02/08/200658NOTICE of Stipulation of Facts by McWane Inc, USA as to McWane Inc (kvs, ) (Entered: 02/09/2006)
02/09/200660 Minute Entry for proceedings held before Judge Dee Benson : Dft present and in custody with cnsl; dft sworn & gave ans to questions posed by the Crt to comply with Rule 11 of the FRCr.P. Stmt P/G executed & filed. Dft entered P/G to cnt 4 and 5 of the indictment. Crt accepted plea as being knowingly & voluntarily made. Stmts made by cnsl, dft & Govt. Crt Adjudges: Dft McWane, Inc. placed on probation for 3 years. Standard and special conditions of release. Fine of $3,000,000.00 payable within 10 days of entry of judgment. Plea and Sentence Hearing held on 2/9/2006 for McWane Inc (1), Count(s) 1, 2, 3, 6, Dismissed per Govt; Count(s) 4-5, Probation 3 years. Fine $3,000.000.00 SPA $800.00. McWane Inc Attorney for Plaintiff: Richard Poole, Attorney for Defendant: Fran Wikstrom.(Court Reporter Ed Young.) (reb, ) (Entered: 02/09/2006)
02/10/200661JUDGMENT as to McWane Inc (1), Count(s) 1, 2, 3, Dismissed per Govt motion motion. Count(s) 4-5 sentenced to Probation 36 months. Fine $3,000.000.00 SPA $800.00. Count(s) 6 Dismissed per Govt motion. Signed by Judge Dee Benson on 2/9/06. (kvs, ) (Entered: 02/10/2006)
05/16/200664Stipulated MOTION for Return of Property/PostTrial by McWane Inc as to McWane Inc, Charles Matlock, Charles Barry Robison. (Attachments: # 2 Text of Proposed Order Stipulated Order)(Wikstrom, Francis) (Entered: 05/16/2006)
05/30/200666ORDER granting in part and denying in part 64 Motion for Return of Property/PostTrial as to McWane Inc (1), Charles Matlock (2), Charles Barry Robison (3). See order for details. Signed by Judge David Nuffer on 5/30/06. (asp, ) (Entered: 05/30/2006)
06/28/2006  Case as to McWane Inc, Charles Matlock, Charles Barry Robison no longer referred to David Nuffer. (blk) (Entered: 06/28/2006)
10/13/200678PROBATION JURISDICTION TRANSFERRED to Northern District of Alabama, Birmingham as to McWane Inc (asp, ) (Entered: 10/16/2006)
10/16/200679NOTICE OF TRANSMITTAL that case has been transferred to Northern District of Alabama, Birmingham per order entered 10/02/2006. Probation Jurisdiction sent. (asp, ) (Entered: 10/16/2006)
10/23/200680RECEIPT by USDC Dist of AL filed as to McWane Inc re: Transfer of Jurisdiction. (asp, ) (Entered: 10/24/2006)
05/22/200881TRANSCRIPT of Proceedings as to McWane Inc held on February 8, 2006-Plea and Sentencing before Judge Dee Benson. Court Reporter/Transcriber Patti Walker, CSR, RPR, CP, Telephone number 801-364-5440.

NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Request due 6/12/2008. Redacted Transcript Deadline set for 6/23/2008. Release of Transcript Restriction set for 8/20/2008. (jmr) Modified on 9/9/2008 removed restricted text(rak). (Entered: 05/22/2008)
05/23/200884**RESTRICTED DOCUMENT** Transcript Not Released -DUPLICATE of Document 81 .
TRANSCRIPT of Proceedings as to McWane Inc, Charles Matlock, Charles Barry Robison held on February 8, 2006-Plea and Sentencing before Judge Dee Benson. Court Reporter/Transcriber Patti Walker, CSR, RPR, CP, Telephone number 801-364-5440.

NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that Redacted Transcript Deadline set for 6/23/2008. Release of Transcript Restriction set for 8/20/2008. (jmr) Modified on 5/30/2008 - added text to reflect this is a duplicate entry (rak). Modified on 11/20/2008 added not released text(rak). (Entered: 05/23/2008)
05/30/2008  Terminate Deadlines and Hearings - terminated transcript deadlines related to document 84, which is a duplicate of document 81. (rak) (Entered: 05/30/2008)