CLOSED,LC-B

United States District Court
Southern District of West Virginia (Parkersburg)
CRIMINAL DOCKET FOR CASE #: 6:08-cr-00172-4


Case title: United States of America v. Laughery et al

Date Filed: 08/06/2008
Date Terminated: 05/25/2010

Assigned to: Judge Robert C. Chambers

Defendant (4)
Mentorgen, LLC
TERMINATED: 05/25/2010
represented byBryant J. Spann
ALLEN GUTHRIE & THOMAS
P. O. Box 3394
Charleston, WV 25333-3394
304/345-7250
Fax: 304/345-9941
Email: bjspann@agmtlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
MONEY LAUNDERING - EMBEZZLES PUBLIC MONEYS OR PROPERTY
(8)
60 months probation; $1,500,000 restitution; $400 special assessment.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
United States of America represented byL. Anna Forbes
U. S. ATTORNEY'S OFFICE
P. O. Box 1713
Charleston, WV 25326-1713
304/345-2200
Fax: 304/347-5104
Email: anna.forbes@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

R. Booth Goodwin , II
U. S. ATTORNEY'S OFFICE
P. O. Box 1713
Charleston, WV 25326-1713
304/345-2200
Fax: 304/347-5104
Email: usawvs.ecfusa@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
08/06/2008INDICTMENT as to Heidi C. Laughery, counts 1-5, 6-7, 8, 9-12; James Larry Hymer, count 8; R. Scott Truslow, count 8; Mentorgen, LLC, count 8. (jkk)
08/06/2008  ATTORNEY UPDATE in case as to Heidi C. Laughery, James Larry Hymer, R. Scott Truslow, Mentorgen, LLC. ATTORNEY Michael O. Callaghan for Heidi C. Laughery, Bryant J. Spann for Mentorgen, LLC, James Tyack for James Larry Hymer, David A. Goldstein for R. Scott Truslow added. (jkk) (Entered: 08/07/2008)
08/06/2008  CASE as to Heidi C. Laughery, James Larry Hymer, R. Scott Truslow, Mentorgen, LLC assigned to Judge Joseph R. Goodwin. (ras) (Entered: 08/11/2008)
08/07/2008ORDER as to Heidi C. Laughery, James Larry Hymer, R. Scott Truslow, Mentorgen, LLC. Initial Appearance and Arraignment set for 8/20/2008 at 10:00 AM in Charleston before Magistrate Judge Mary E. Stanley. Signed by Magistrate Judge Mary E. Stanley on 8/7/2008. (cc: Judge, USA, USP, USM, counsel, defts) (jkk)
08/11/2008CLERK'S ORDER REASSIGNING CASE. Case reassigned from Judge Joseph R. Goodwin to Judge Robert C. Chambers. (cc: Judge Goodwin, Judge Chambers, defendants, counsel of record, USA, USM, USP) Signed by Clerk of Court Teresa L. Deppner on 8/11/2008. (ras) Modified on 8/12/2008 to correct copy list (jkk).
08/20/200811 INITIAL APPEARANCE AND ARRAIGNMENT as to Mentorgen, LLC held by Magistrate Judge Mary E. Stanley on 8/20/2008; Court Reporter: Courtflow., (trl)
08/20/200821 ARRAIGNMENT ORDER AND STANDARD DISCOVERY REQUESTS as to Mentorgen, LLC. Arraignment held on 8/20/2008. Jury Trial set for 10/28/2008 at 8:30 AM in Parkersburg before Judge Robert C. Chambers. Pretrial motions hearing set on 10/14/2008 at 10:00 AM in Huntington. Pretrial motions due by 9/29/2008. Expert Witness List due by 10/24/2008. Proposed voir dire questions and jury instructions due by 10/22/2008. Signed by Magistrate Judge Mary E. Stanley on 8/20/2008. (cc: USA, USP, USM, counsel, deft) (gan) Modified on 8/21/2008 to correct deadlines for expert witness list and proposed voir dire questions and jury instructions (jkk).
08/21/2008  NOTICE OF DOCKET CORRECTION re: 18 ARRAIGNMENT ORDER AND STANDARD DISCOVERY REQUESTS as to Heidi C. Laughery, 19 ARRAIGNMENT ORDER AND STANDARD DISCOVERY REQUESTS as to R. Scott Truslow, 20 ARRAIGNMENT ORDER AND STANDARD DISCOVERY REQUESTS as to James Larry Hymer, and 21 ARRAIGNMENT ORDER AND STANDARD DISCOVERY REQUESTS as to Mentorgen, LLC. (Error: Incorrect deadline of 10/22/2008 set for witness list; incorrect deadline of 10/24/2008 set for proposed voir dire questions and jury instructions. Correction: Deadlines changed to 10/22/2008 for the proposed voir dire questions and jury instructions, and 10/24/2008 for the witness list. (jkk)
09/02/200823 ORDER as to Heidi C. Laughery, James Larry Hymer, R. Scott Truslow, Mentorgen, LLC, granting the motion of the United States to disclose grand jury materials to counsel for the defendants; the court places restrictions on the use of the grand jury materials; directing that the motion be sealed. Signed by Judge Robert C. Chambers on 9/2/2008. (cc: counsel of record) (jkk)
09/03/200825 MOTION by United States of America to Schedule Guilty Plea Hearing as to Mentorgen, LLC (Forbes, L.)
09/04/200827 ORDER granting 25 MOTION to Schedule Plea Hearing as to Mentorgen, LLC. Plea Hearing set for 9/22/2008 at 10:30 AM in Huntington. Signed by Judge Robert C. Chambers on 9/4/2008. (cc: Judge, USA, USP, USM, counsel, deft) (jkk)
09/04/200828 RESPONSE by United States of America TO STANDARD DISCOVERY REQUESTS as to Mentorgen, LLC and REQUEST by USA for Reciprocal Discovery. (Forbes, L.)
09/11/200834 ORDER as to Heidi C. Laughery, James Larry Hymer, R. Scott Truslow, Mentorgen, LLC, granting the Supplemental Motion of the United States for authorization to disclose specified grand jury materials to counsel for the defendants; the Court places restrictions on the use of the grand jury materials; directing that the Supplemental Motion be sealed. Signed by Judge Robert C. Chambers on 9/11/2008. (cc: counsel of record) (jkk)
09/16/200835 DISCOVERY DISCLOSURES by James Larry Hymer (Del Giudice, Michael) Modified on 9/18/2008 to replace image and to conform title of entry to document filed (jkk).
09/22/200837 PLEA HEARING as to Mentorgen, LLC held by Judge Robert C. Chambers on 9/22/2008; Court Reporter: Teresa Ruffner. (trj)
09/22/200838 WRITTEN PLEA OF GUILTY by Defendant Mentorgen, LLC. (gan)
09/22/200839 PLEA AGREEMENT as to Mentorgen, LLC. (cc: U.S. Probation Office) (gan)
09/22/200840 EXHIBIT LIST by Mentorgen, LLC. (Attachments: # 1 Defendant's Exhibit No. 1) (gan)
09/22/200845 SPECIAL ASSESSMENT PAYMENT as to Mentorgen, LLC. Receipt No: 4602; Amount: $400.00. (cc: USA, Administrative Services, WVSP) (skm)
09/22/200846 ORDER as to Mentorgen, LLC. Letter-form plea agreement and written plea of guilty executed to Count 8. Presentence Investigation Report Deadline 12/22/2008. Sentencing set for 1/12/2009, 2:00 PM in Huntington before Judge Robert C. Chambers. Signed by Judge Robert C. Chambers on 9/22/2008. (cc: USP, USM, counsel, deft) (gan)
09/23/2008  PROBATION OFFICER ASSIGNMENT FOR PRESENTENCE REPORT as to Mentorgen, LLC: Lee Cueva (sbk)
09/24/200848 MOTION by Heidi C. Laughery to Continue Trial Date as to Heidi C. Laughery, James Larry Hymer, R. Scott Truslow, Mentorgen, LLC (Callaghan, Michael) Modified on 9/26/2008 to remove excess text (gan).
09/30/200849 ORDER granting 48 MOTION to Continue trial as to Heidi C. Laughery and James Larry Hymer. Trial rescheduled for 2/24/2009 at 8:30 a.m. in Parkersburg. Proposed voir dire, jury instructions and witness lists due 2/17/2009. Pretrial motions due 1/26/2009. Pretrial motions hearing rescheduled for 2/9/2009 at 1:30 p.m. in Huntington. The time between 10/28/2008 and 2/24/2009 is excludable as to defendants Laughery and Hymer. The motion is denied as moot as to defendants Truslow and Mentorgen, LLC. Signed by Judge Robert C. Chambers on 9/30/2008. (cc: Judge, USA, USP, USM, counsel, deft) (jkk)
11/07/200851 MOTION by United States of America to Continue Sentencings as to R. Scott Truslow, Mentorgen, LLC (Forbes, L.)
11/14/200852 ORDER granting 51 MOTION to Continue Sentencings as to R. Scott Truslow and Mentorgen, LLC. Sentencings rescheduled to 3/16/2009 in Huntington; Defendant Truslow's sentencing will be held at 1:30 p.m.; Defendant Mentorgen, LLC's sentencing will be held at 2:00 p.m.; presentence report to counsel and defendants by 2/2/2009; objections due 2/17/2009, presentence report due 3/2/2009. Signed by Judge Robert C. Chambers on 11/14/2008. (cc: Judge, USA, USP, USM, counsel, defts) (jkk)
01/12/200954 ORDER as to R. Scott Truslow, Mentorgen, LLC, granting government's motion to disclose grand jury testimony and materials; directing that the motion be sealed. Signed by Judge Robert C. Chambers on 1/11/2009. (cc: counsel of record) (jkk)
01/12/200956 TRANSCRIPT OF PROCEEDINGS of Plea Hearing as to Mentorgen, LLC held on September 22, 2008 before Judge Robert C. Chambers. Court Reporter Lisa Cook, Telephone number 304-347-3198. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 1/22/2009. Redaction Request due 2/2/2009. Redacted Transcript Deadline set for 2/12/2009. Release of Transcript Restriction set for 4/13/2009. (lac)
01/14/200957 ORDER as to R. Scott Truslow and Mentorgen, LLC. Upon request from the United States Probation Officer, the sentencing hearings for R. Scott Truslow and Mentorgen, LLC are rescheduled for 4/27/2009. Defendant Truslow's sentencing will be held at 2:30 p.m. Defendant Mentorgen, LLC's sentencing will be held at 3:00 p.m. Presentence report to counsel and defendant due by 3/16/2009, objections due by 3/30/2009, presentence report due to the Court by 4/13/2009. Signed by Judge Robert C. Chambers on 1/14/2009. (cc: Judge, USA, USP, USM, counsel, defts) (jkk)
02/11/200969 ORDER upon hearing held 2/9/2009 as to Heidi C. Laughery, James Larry Hymer. The Court grants the oral motion of counsel for defendant Heidi C. Laughery to transfer the trial of this case from the Parkersburg Division to the Huntington Division. The Court will utilize the Huntington jury pool for the trial. Signed by Judge Robert C. Chambers on 2/11/2009. (cc: Judge, USA, USP, USM, counsel, deft) (jkk)
02/17/200979 PROPOSED JURY INSTRUCTIONS by James Larry Hymer (Tyack, James) Modified on 2/17/2009 to remove co-defendants as applicable parties (jkk).
02/20/200998 MOTION in Limine WITH MEMO IN SUPPORT by James Larry Hymer for an Order regarding subpoenaed witnesses (Tyack, James) Modified on 2/20/2009 to reflect that the memo in support is included, to add a description of the motion, and to remove co-defendants as applicable parties. (jkk).
03/12/2009114 MOTION by United States of America TO SEAL Joint Motion to Continue Sentencing as to Mentorgen, LLC (Attachments: # 1 Joint Motion to Continue Sentencing) (Forbes, L.)
03/12/2009119 ORDER as to Mentorgen, LLC rescheduing the Sentencing for 8/24/2009 02:00 PM in Huntington before Judge Robert C. Chambers. Presentence report to counsel and the defendant by 7/13/2009, objections due 7/27/2009, final presentence report due 8/10/2009. Signed by Judge Robert C. Chambers on 3/12/2009. (cc: Judge, USA, USP, USM, counsel, deft) (jkk)
07/09/2009127 MOTION to Continue Sentencing as to Mentorgen, LLC (Spann, Bryant)
07/10/2009128 ORDER as to Mentorgen, LLC.granting Defendant's 127 MOTION to Continue Sentencing. Sentencing rescheduled to 10/26/2009 at 2:30 p.m. in Huntington. Presentence report due 10/13/2009. Sentencing memorandum due 10/19/2009. Signed by Judge Robert C. Chambers on 7/10/2009. (cc: Judge, USA, USP, USM, counsel, deft) (jkk)
09/15/2009131 MOTION to Continue Sentencing as to Mentorgen, LLC (Spann, Bryant)
09/15/2009132 ORDER granting 130 MOTION to Continue Sentencing as to Heidi C. Laughery; granting 129 MOTION to Continue Sentencing as to R. Scott Truslow; granting 131 MOTION to Continue Sentencing as to Mentorgen, LLC. Sentencings rescheduled to 2/1/2010 in Huntington. Defendant Laughery's sentencing will be held at 1:30 p.m. Defendant Truslow's sentencing will be held at 2:00 p.m. Defendant Mentorgen LLC's sentencing will be held at 2:30 p.m. Presentence reports due 12/21/2009, objections due 1/4/2010, final report to the Court due 1/19/2010. Sentencing memoranda due 1/25/2010. Signed by Judge Robert C. Chambers on 9/15/2009. (cc: Judge, USA, USP, USM, counsel, defts) (jkk)
09/15/2009   RESET HEARING as to Mentorgen, LLC: Sentencing reset for 2/1/2010 2:30 PM in Huntington before Judge Robert C. Chambers. (gan) (Entered: 09/16/2009)
11/18/2009134 ORDER as to Heidi C. Laughery, James Larry Hymer, R. Scott Truslow, Mentorgen, LLC. granting the motion of the United States to disclose specified grand jury materials to the Probation Department; the Court places restrictions on the use of the grand jury materials; directing that the motion be sealed. Signed by Judge Robert C. Chambers on 11/18/2009. (cc: Judge, USA, counsel) (jkk)
12/15/2009135 MOTION to Continue Sentencing as to Mentorgen, LLC (Spann, Bryant)
12/16/2009136 MOTION to Continue Sentencing as to Heidi C. Laughery (Callaghan, Michael) Modified on 12/17/2009 to remove co-defendants as applicable parties (jkk).
12/17/2009138 ORDER granting 135 MOTION to Continue Sentencing as to Mentorgen, LLC., granting 136 MOTION to Continue Sentencing as to Heidi C. Laughery, granting 137 MOTION to Continue Sentencing as to R. Scott Truslow, and rescheduling the sentencings to April 19, 2010, in Huntington. Defendant Laughery's sentencing will be held at 1:30 p.m. Defendant Truslow's sentencing will be held at 2:00 p.m. Defendant Mentorgen LLC's sentencing will be held at 2:30 p.m. Presentence report to counsel due 3/8/2010; objections due 3/22/2010; final presentence report to the court due 4/5/2010. Sentencing memorandum due 4/12/2010. Signed by Judge Robert C. Chambers on 12/17/2009. (cc: Judge, USA, USP, USM, counsel, deft) (jkk)
03/05/2010144 INCORRECT ENTRY - IMAGE DELETED - DOCUMENT REFILED BY COUNSEL AT ENTRY NO. 146. Modified on 3/5/2010 to delete image. (jkk)
04/15/2010158 SENTENCING MEMORANDUM as to Mentorgen, LLC (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Spann, Bryant) Modified on 4/16/2010 to remove repetitive text. (jkk)
04/19/2010159 RESPONSE by United States of America as to Mentorgen, LLC re: 158 Sentencing Memorandum (Forbes, L.)
04/19/2010162 SENTENCING HEARING BEGAN as to Mentorgen, LLC but not completed before Judge Robert C. Chambers. Teresa Ruffner reporter. (trj) Modified on 4/20/2010 to add party name. (jkk)
04/20/2010166 ORDER as to Mentorgen, LLC. directing the United States to file a memorandum stating a position on the status of the plea agreement in this matter on or before 5/3/2010; defendant will have 7 days to respond. Sentencing hearing is rescheduled for 5/24/2010 at 02:30 PM in Huntington. Signed by Judge Robert C. Chambers on 4/20/2010. (cc: Judge, USA, USP, USM, counsel, deft) (jkk)
05/03/2010174 RESPONSE by United States of America as to Mentorgen, LLC to the Court's 166 Order. (Forbes, L.)
05/10/2010179 RESPONSE by Mentorgen, LLC to the Court's 166 Order. (Spann, Bryant)
05/11/2010180 ORDER as to Mentorgen, LLC. In response to the Court's April 20, 2010 Order, the parties have stated they are each willing to amend or revise their plea agreement. If the parties choose to do so, they must complete an agreement and provide it to the Court no later than 5/20/2010. Sentencing will proceed as scheduled on May 24, 2010. Signed by Judge Robert C. Chambers on 5/11/2010. (cc: Judge, USA, USP, USM, counsel, deft) (jkk)
05/24/2010183 AMENDMENT TO PLEA AGREEMENT as to Mentorgen, LLC. (cc: U.S. Probation Office) (jkk)
05/24/2010184 CORPORATE RESOLUTION by Mentorgen, LLC, re: 183 Amendment to Plea Agreement. (jkk)
05/24/2010185 SENTENCING as to Mentorgen, LLC held by Judge Robert C. Chambers on 5/24/2010; Court Reporter: Teresa Ruffner. (trj)
05/24/2010186 RESTITUTION PAYMENT as to Mentorgen, LLC. Receipt No: HUNT000062; Amount: $5,000.00. (cc: USA, Administrative Services, WVSP) (jkk)
05/25/2010187 JUDGMENT as to Mentorgen, LLC, Count 8: 60 months probation; $400 special assessment; $1,500,000 restitution. Signed by Judge Robert C. Chambers on 5/25/2010. (cc: Judge, USA, USP, USM, counsel, deft) (jkk)
05/25/2010188 SEALED/SOR as to Mentorgen, LLC signed by Judge Robert C. Chambers. (jkk)
05/25/2010189 AMENDED JUDGMENT as to Mentorgen, LLC, Count 8: 60 months probation; $400 special assessment; $1,500,000 restitution. Signed by Judge Robert C. Chambers on 5/25/2010. (cc: Judge, USA, USP, USM, counsel, deft) (jkk)
06/28/2010195 RESTITUTION PAYMENT as to Mentorgen, LLC. Receipt No: HUNT000100; Amount: $1,500.00. (cc: USA, Administrative Services, WVSP) (jkk)
07/22/2010200 MEMORANDUM IN SUPPORT by Heidi C. Laughery re: 198 MOTION by United States of America to Reduce Sentence as to Heidi C. Laughery (Daloia, Andrea) Modified on 7/22/2010 to remove co-defendants as applicable parties. (jkk) Modified on 7/26/2010 replace image with document containing the signature of local counsel. (jkk)
08/02/2010204 RESTITUTION PAYMENT as to Mentorgen, LLC. Receipt No: HUNT000135; Amount: $1,500.00. (cc: USA, Administrative Services, WVSP) (skm)
09/03/2010209 RESTITUTION PAYMENT as to Mentorgen, LLC. Receipt No: HUNT000180; Amount: $1,500.00. (cc: USA, Administrative Services, WVSP) (jkk)
10/04/2010213 RESTITUTION PAYMENT as to Mentorgen, LLC. Receipt No: HUNT000219; Amount: $1,500.00. (cc: USA, Administrative Services, WVSP) (skm)
11/04/2010216 RESTITUTION PAYMENT as to Mentorgen, LLC. Receipt No: HUNT000252; Amount: $1,500.00. (cc: USA, Administrative Services, WVSP) (jkk)
11/29/2010218 RESTITUTION PAYMENT as to Mentorgen, LLC. Receipt No: HUNT000268; Amount: $1,500.00. (cc: USA, Administrative Services, WVSP) (skm)
12/27/2010220 RESTITUTION PAYMENT as to Mentorgen, LLC. Receipt No: HUNT000300; Amount: $1,500.00. (cc: USA, Administrative Services, WVSP) (gan)
02/11/2011226 RESTITUTION PAYMENT as to Mentorgen, LLC. Receipt No: HUNT000360; Amount: $1,500.00. (cc: USA, Administrative Services, WVSP) (skm)
03/03/2011229 RESTITUTION PAYMENT as to Mentorgen, LLC. Receipt No: HUNT000386; Amount: $1500.00. (cc: USA, Administrative Services, WVSP) (skm)
04/01/2011231 RESTITUTION PAYMENT as to Mentorgen, LLC. Receipt No: HUNT000248; Amount: $1500.00. (cc: USA, Administrative Services, WVSP) (skm)
04/26/2011237 MOTION for Modification of the Terms of Her Probation as to Heidi C. Laughery. (Callaghan, Michael) (Main Document 237 replaced on 4/27/2011) (jkk). Modified on 4/27/2011 to conform title of entry to document filed, to remove co-defendants as applicable parties, and to extract memorandum in support and file at entry no. 238. (jkk).
04/28/2011239 RESTITUTION PAYMENT as to Mentorgen, LLC. Receipt No: HUNT000471; Amount: $1,500.00. (cc: USA, Administrative Services, WVSP) (skm)
06/02/2011242 RESTITUTION PAYMENT as to Mentorgen, LLC. Receipt No: HUNT000525; Amount: $1,500.00. (cc: USA, Administrative Services, WVSP) (cjy)
07/01/2011245 RESTITUTION PAYMENT as to Mentorgen, LLC. Receipt No: HUNT000564; Amount: $1,500.00. (cc: USA, Administrative Services, WVSP) (cjy)
08/04/2011248 RESTITUTION PAYMENT as to Mentorgen, LLC. Receipt No: HUNT000609; Amount: $1,500.00. (cc: USA, Administrative Services, WVSP) (cjy)
08/25/2011250 RESTITUTION PAYMENT as to Mentorgen, LLC. Receipt No: HUNT000635; Amount: $1,500.00. (cc: USA, Administrative Services, WVSP) (cjy)