United States District Court
District of Massachusetts (Boston)
CRIMINAL DOCKET FOR CASE #: 1:08-cr-10183-DPW-1


Case title: USA v. Modern Continental Corp.

Date Filed: 06/20/2008

Assigned to: Judge Douglas P. Woodlock

Defendant (1)
Modern Continental Corp. represented byDennis Ryan
Hinckley, Allen and Snyder, LLP
28 State Street
Boston, MA 02109
617/345-9000
Email: dryan@haslaw.com
ATTORNEY TO BE NOTICED
Designation: Retained

Laura B. Angelini
Hinckley Allen & Snyder, LLP
28 State Street
30th Floor
Boston, MA 02109
617-345-9000
Fax: 617-345-9020
Email: langelini@haslaw.com
ATTORNEY TO BE NOTICED
Designation: Retained

Michael J. Connolly
Hinckley, Allen and Snyder, LLP
28 State Street
Boston, MA 02109
617-345-9000 ext.4598
Fax: 617-345-9020
Email: mconnolly@haslaw.com
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:1020 - MAKING FALSE STATEMENTS IN CONNECTION WITH HIGHWAY PROJECTS
(1)
18:1020 - MAKING FALSE STATEMENTS IN CONNECTION WITH HIGHWAY PROJECTS
(7-44)

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:1020 - MAKING FALSE STATEMENTS IN CONNECTION WITH HIGHWAY PROJECTS
(2-6)
Dismissed Upon Government's Motion
18:1343 - WIRE FRAUD
(45-49)
Dismissed Upon Government's Motion

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byJeffrey Mark Cohen
United States Attorney's Office
1 Courthouse Way
Boston, MA 02210
617-748-3626
Fax: 617-748-3969
Email: jeffrey.cohen@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Anthony E. Fuller
United States Attorney's Office
1 Courthouse Way
Boston, MA 02210
617-748-3100
Email: anthony.fuller@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
06/20/20081INFORMATION (Felony) as to Modern Continental Corp. (1) count(s) 1-44, 45-49. (Attachments: # 1 js45)(Catino2, Theresa) (Entered: 06/23/2008)
06/23/20082NOTICE OF ATTORNEY APPEARANCE Jeffrey Mark Cohen appearing for USA. (Cohen, Jeffrey) (Entered: 06/23/2008)
06/23/20083NOTICE OF ATTORNEY APPEARANCE Anthony E. Fuller appearing for USA. (Fuller, Anthony) (Entered: 06/23/2008)
08/11/20084NOTICE OF ATTORNEY APPEARANCE: Laura B. Angelini appearing for Modern Continental Corp. (Angelini, Laura) (Entered: 08/11/2008)
08/14/20085NOTICE OF ATTORNEY APPEARANCE: Michael J. Connolly appearing for Modern Continental Corp. (Connolly, Michael) (Entered: 08/14/2008)
09/11/2008  ELECTRONIC NOTICE OF HEARING as to Modern Continental Corp.: Initial Appearance set for 10/2/2008 10:00 AM in Courtroom 1 before Judge Douglas P. Woodlock. (Lovett, Jarrett) (Entered: 09/11/2008)
10/02/20086WAIVER OF INDICTMENT by Modern Continental Corp. (Lovett, Jarrett) (Entered: 10/02/2008)
10/02/2008  Electronic Clerk Notes for proceedings held before Judge Douglas P. Woodlock: Initial Appearance and Arraignment as to Modern Continental Corp. (1) Count 1-44,45-49 held on 10/2/2008, the defendant was sworn in, the Court conducted a colloquy of John Pastore on behalf of Modern Continental Corp. and a plea was entered by John Pastore on behalf of Modern Continental Corp. - Not Guilty on counts 1-49. The parties are to submit briefs re: bankruptcy jurisdiction, by 10/16/08. The parties are to file a joint motion for excludable delay. (Court Reporter Diane Molas.)(Attorneys present: AUSA Cohen for the Gvt. and Atty. Angelini for the defendant.) (LaRoche, Donald) (Entered: 10/03/2008)
10/03/20087Judge Douglas P. Woodlock: ORDER SETTING CRIMINAL JURY TRIAL entered as to Modern Continental Corp.: Pretrial Conference set for 4/28/2009 02:30 PM in Courtroom 1 before Judge Douglas P. Woodlock. Jury Trial set for 5/4/2009 09:00 AM in Courtroom 1 before Judge Douglas P. Woodlock. Time excluded from 10/2/08 until 5/4/09. (Lovett, Jarrett) (Entered: 10/03/2008)
10/16/20088Joint MOTION for Extension of Time to October 30, 2008 to File Briefing on Bankruptcy Jurisdiction as to Modern Continental Corp.. (Angelini, Laura) (Entered: 10/16/2008)
10/17/2008   Judge Douglas P. Woodlock: Electronic ORDER entered granting 8 Joint MOTION for Extension of Time to October 30, 2008 to File Briefing on Bankruptcy Jurisdiction as to Modern Continental Corp. (Lovett, Jarrett) (Entered: 10/17/2008)
10/17/20089Certificate of Service as to Modern Continental Corp.. (Cohen, Jeffrey) (Entered: 10/17/2008)
10/30/200810Joint MOTION for Extension of Time to November 13, 2008 to File Joint Briefing as to Modern Continental Corp.. (Angelini, Laura) (Entered: 10/30/2008)
10/30/2008   Judge Douglas P. Woodlock: Electronic ORDER entered granting 10 Joint MOTION for Extension of Time to November 13, 2008 to File Joint Briefing re Bankruptcy Jurisdiction as to Modern Continental Corp. (Lovett, Jarrett) (Entered: 10/30/2008)
11/13/200811Memorandum regarding Joint Submission Regarding Bankruptcy Jurisdiction as to Modern Continental Corp. (Attachments: # 1 Exhibit A)(Angelini, Laura) (Entered: 11/13/2008)
02/17/2009  ELECTRONIC NOTICE OF HEARING as to Modern Continental Corp.: Status Conference set for 3/12/2009 02:30 PM in Courtroom 1 before Judge Douglas P. Woodlock. (Lovett, Jarrett) (Entered: 02/17/2009)
03/12/200912NOTICE OF ATTORNEY APPEARANCE: Dennis Ryan appearing for Modern Continental Corp. (Seelye, Terri) (Entered: 03/12/2009)
03/12/2009  Electronic Clerk Notes for proceedings held before Judge Douglas P. Woodlock: Status Conference as to Modern Continental Corp. held on 3/12/2009: Early resolution discussions ongoing; Court DENIES the parties joint oral request to reschedule Jury Trial. (Court Reporter: Diane Molas)(Attorneys present: AUSA's Fuller & Cohen for the Gov't; Angellini, Connolly & Ryan for the deft) (Lovett, Jarrett) (Entered: 03/12/2009)
04/08/200913Joint MOTION for Protective Order as to Modern Continental Corp.by USA. (Attachments: # 1 Text of Proposed Order)(Fuller, Anthony) (Entered: 04/08/2009)
04/08/2009   Judge Douglas P. Woodlock: Electronic ORDER entered granting 13 Motion for Protective Order as to Modern Continental Corp. (1) (Woodlock, Douglas) (Entered: 04/08/2009)
04/13/200914Proposed Voir Dire by USA as to Modern Continental Corp. (Cohen, Jeffrey) (Entered: 04/13/2009)
04/13/200915Proposed Jury Instructions by USA as to Modern Continental Corp. (Cohen, Jeffrey) (Entered: 04/13/2009)
04/13/200916STIPULATION re Fact by USA as to Modern Continental Corp. (Cohen, Jeffrey) (Entered: 04/13/2009)
04/13/200917 MOTION in Limine as to Modern Continental Corp.by USA. (Cohen, Jeffrey) (Entered: 04/13/2009)
04/13/200918TRIAL BRIEF by USA as to Modern Continental Corp. (Cohen, Jeffrey) (Entered: 04/13/2009)
04/13/200919 MOTION in Limine as to Modern Continental Corp.. (Angelini, Laura) (Entered: 04/13/2009)
04/13/200920TRIAL BRIEF by Modern Continental Corp. (Angelini, Laura) (Entered: 04/13/2009)
04/13/200921Proposed Voir Dire by Modern Continental Corp. (Angelini, Laura) (Entered: 04/13/2009)
04/13/200922 Proposed Jury Questions by Modern Continental Corp. (Angelini, Laura) (Entered: 04/13/2009)
04/22/200923 MOTION to Dismiss Counts Forty-Five through Forty-Nine as to Modern Continental Corp.by USA. (Fuller, Anthony) (Entered: 04/22/2009)
04/27/200924 Opposition by USA as to Modern Continental Corp. re 19 MOTION in Limine (Fuller, Anthony) (Entered: 04/27/2009)
04/27/200925 Opposition by Modern Continental Corp. re 3 Exhibit Section 5.01 of C09B2 contract)(Angelini, Laura) (Entered: 04/27/2009)
04/28/2009  Electronic Clerk Notes for proceedings held before Judge Douglas P. Woodlock: Final Pretrial Conference as to Modern Continental Corp. held on 4/28/2009: Jury Trial is rescheduled for 5/18/2009 09:00 AM in Courtroom 1 before Judge Douglas P. Woodlock, and expected to last 3-4 weeks. Court is focusing on contractual issue. Oral arguments heard as to Motions In Limine; 27 SEALED MOTION to File Document Under Seal or Have a Hearing as to Modern Continental Corporation is TAKEN UNDER ADVISEMENT pending the Government's Response. (Court Reporter: Diane Molas)(Attorneys present: AUSA's Cohen & Fuller for the Gov't; Connolly & Ryan for the deft) (Lovett, Jarrett) (Entered: 04/29/2009)
04/29/200926Assented to MOTION to Seal Document: Motion to file under seal as to Modern Continental Corp. (Attachments: # 1 Motion)(Seelye, Terri) (Entered: 04/29/2009)
04/29/2009   Judge Douglas P. Woodlock: Electronic ORDER entered granting 26 Motion to Seal Document as to Modern Continental Corp. (1) (Seelye, Terri) (Entered: 04/29/2009)
04/29/200927 SEALED MOTION to file document under seal or have a hearing as to Modern Continental Corp. (Seelye, Terri) (Entered: 04/29/2009)
05/01/200928Judge Douglas P. Woodlock: ORDER entered granting Motion to dismiss counts Forty-Five through Forty-Nine as to Modern Continental Corp. re 23 (Seelye, Terri) (Entered: 05/01/2009)
05/04/2009  ELECTRONIC NOTICE OF HEARING as to Modern Continental Corp. Change of Plea Hearing set for 5/6/2009 10:30 AM in Courtroom 1 before Judge Douglas P. Woodlock. (Lovett, Jarrett) (Entered: 05/04/2009)
05/04/2009  ELECTRONIC NOTICE OF RESCHEDULING as to Modern Continental Corp.: Change of Plea Hearing reset for 5/8/2009 09:00 AM in Courtroom 1 before Judge Douglas P. Woodlock. (Lovett, Jarrett) (Entered: 05/04/2009)
05/08/2009  Electronic Clerk Notes for proceedings held before Judge Douglas P. Woodlock: Change of Plea Hearing as to Modern Continental Corp. held on 5/8/2009: No Plea Agreement presented; Corp. Resolution submitted to the Court; Corp. representative, John Pastore sworn; Counts 2-6 are Dismissed upon Gov't Motion; Maximum Penalties stated; Court conducts Colloquy; Gov't summarizes the facts; Plea entered by Modern Continental Corp. (1) Guilty Count(s) 1,7-44; Court finds sufficient facts and accepts the deft's plea; Sentencing is set for 8/11/09 @ 2:00 PM. (Court Reporter: Diane Molas)(Attorneys present: AUSA's Fuller & Cohen for the Gov't; Angellini, Connolly & Ryan for the deft) (Lovett, Jarrett) (Entered: 05/08/2009)
05/08/200929Judge Douglas P. Woodlock: ORDER entered. DISMISSAL OF COUNTS 2 through 6 on Government Motion as to Modern Continental Corp. (Lovett, Jarrett) (Entered: 05/08/2009)
05/08/200930Judge Douglas P. Woodlock: ORDER entered. PROCEDURAL ORDER re sentencing hearing as to Modern Continental Corp.: Sentencing set for 8/11/2009 02:00 PM in Courtroom 1 before Judge Douglas P. Woodlock. (Lovett, Jarrett) (Entered: 05/08/2009)
05/08/200931Sealed Document: Corporate Resolution. (Seelye, Terri) (Entered: 05/08/2009)
05/08/2009   Judge Douglas P. Woodlock: Electronic ORDER entered finding as moot 27 SEALED MOTION to file document under seal or have a hearing as to Modern Continental Corp. in light of the Change of Plea hearing held on 5/8/09. (Lovett, Jarrett) (Entered: 05/08/2009)
07/16/200933SENTENCING MEMORANDUM by Modern Continental Corp. (Attachments: # 44 Exhibit)(Ryan, Dennis) (Entered: 07/16/2009)
07/16/200934APPENDIX/EXHIBIT by Modern Continental Corp. 3 Exhibit #48)(Ryan, Dennis) (Entered: 07/16/2009)
07/16/200935 MOTION for Leave to File Excess Pages as to Modern Continental Corp.. (Ryan, Dennis) (Entered: 07/16/2009)
07/17/2009   Judge Douglas P. Woodlock: Electronic ORDER entered granting 35 Motion for Leave to File Excess Pages as to Modern Continental Corp. (1) (Lovett, Jarrett) (Entered: 07/17/2009)
07/17/200936SENTENCING MEMORANDUM by Modern Continental Corp., FILED. (Bound Memorandum with Exhibits 1-48 - not scanned) (Boyce, Kathy) (Entered: 07/17/2009)
07/28/200937Transcript of Change of Plea as to Modern Continental Corp. held on May 8, 2009, before Judge Woodlock. Court Reporter Diane M.Molas at 267-977-2909. The Transcript may be purchased through the Court Reporter, viewed at the Request due 8/17/2009. Redacted Transcript Deadline set for 8/25/2009. Release of Transcript Restriction set for 10/23/2009. (Scalfani, Deborah) (Entered: 07/28/2009)
07/28/200938NOTICE is hereby given that an official transcript of a proceeding as to Modern Continental Corp. 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: 07/28/2009)
08/11/2009  Electronic Clerk Notes for proceedings held before Judge Douglas P. Woodlock: Sentencing held on 8/11/2009 for Modern Continental Corp.: Oral arguments re: objection to the PSR heard by the Court; Court Orders the Gov't to file expert affidavits pertaining to it's case-in-chief by 10/12/09, the deft's response pertaining to its case-in-chief is due by 11/12/09; the parties are to decide whether or not to examine any expert witnesses at the next scheduled sentencing hearing of which the date is TBD. (Court Reporter: Debra Joyce)(Attorneys present: AUSA's Cohen & Fuller for the Gov't; Connolly, Ryan for the deft; Murphy (Corp. counsel in bankruptcy matter)) (USPO: T. Marcy) (Lovett, Jarrett) (Entered: 08/11/2009)
10/09/200939SENTENCING MEMORANDUM by USA as to Modern Continental Corp. (Attachments: # 3 Exhibit)(Cohen, Jeffrey) (Entered: 10/09/2009)
11/12/200940Memorandum regarding Memorandum of Law of Modern Continental Corp. in Opposition to United States' Initial Sentencing Memorandum as to Modern Continental Corp. (Ryan, Dennis) (Entered: 11/12/2009)
11/12/200941AFFIDAVIT by Modern Continental Corp. 4 Exhibit D)(Ryan, Dennis) (Entered: 11/12/2009)
01/22/2010  ELECTRONIC NOTICE OF HEARING as to Modern Continental Corp.: Further Sentencing set for 3/3/2010 02:00 PM in Courtroom 1 before Judge Douglas P. Woodlock. (Lovett, Jarrett) (Entered: 01/22/2010)
03/03/2010  Electronic Clerk Notes for proceedings held before Judge Douglas P. Woodlock: Further Sentencing held on 3/3/2010 as to Modern Continental Corp. (1); Court is apprised of an agreement made between the parties regarding damages; Government and defendants argument heard as to criminal culpability and Panel EO-45; Govt is to filed brief on said issues within 3/24/10; defendant is not challenging the Affidavit of Gregory Splagounias regarding damages; Government and defendant does not object to judgment entering without a further hearing under the proposed provisions stated on the record; written recommendations permitted to be filed; the Court will set a further Sentencing Hearing if necessary. Defendants response to the Governments brief is due by 3/31/10. Revisions to the PSR shall be submitted. (Court Reporter: Brenda Hancock)(USPO: T. Marcy)(Attorneys present: AUSA Cohen for the Gov't; Connolly & Ryan for the deft) (Lovett, Jarrett) (Entered: 03/03/2010)
03/23/201046Transcript of Further Sentencing Hearing as to Modern Continental Corp. held on March 3, 2010, before Judge Douglas P. Woodlock. Court Reporter Name and Contact Information: Brenda Hancock at 617-439-3214 The Transcript may be purchased through the Court Reporter, viewed at the public terminal, 4/13/2010. Redacted Transcript Deadline set for 4/23/2010. Release of Transcript Restriction set for 6/21/2010. (Scalfani, Deborah) (Entered: 03/23/2010)
03/23/201047NOTICE is hereby given that an official transcript of a proceeding as to Modern Continental Corp. 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: 03/23/2010)
03/24/201048Assented to MOTION for Leave to File Excess Pages as to Modern Continental Corp.by USA. (Cohen, Jeffrey) (Entered: 03/24/2010)
03/24/201049SENTENCING MEMORANDUM by USA as to Modern Continental Corp. (Attachments: # 1 Exhibit)(Cohen, Jeffrey) (Entered: 03/24/2010)
04/07/2010   Judge Douglas P. Woodlock: ELECTRONIC ORDER entered granting 48 Assented to MOTION for Leave to File Excess Pages as to Modern Continental Corp. (1) by USA. (Lovett, Jarrett) (Entered: 04/07/2010)