CLOSED

U.S. District Court
District of Delaware (Wilmington)
CRIMINAL DOCKET FOR CASE #: 1:05-cr-00021-SLR-1


Case title: USA v. Motiva Enterprises, LLC

Date Filed: 03/16/2005
Date Terminated: 03/22/2005

Assigned to: Judge Sue L. Robinson

Defendant (1)
Motiva Enterprises, LLC
TERMINATED: 03/22/2005
represented byEric Kraeutler
Morgan, Lewis & Brockius, LLP
1701 Market Street
Philadelphia, PA 19103-2921
215-963-5000
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
33:1311 and 1319(c)(2)(A), and 1342 and 18:2 - KNOWINGLY CAUSE THE DISCHARGE OF A POLLUTANT FROM A POINT SOURCE INTO THE DELAWARE RIVER - ( COUNT I - 7/18/2001 )
(1)
3 YEARS PROBATION; $10,000,000 FINE AND $400 SPECIAL ASSESSMENT
42:7413(c)(4) and 18:2 - NEGLIGENTLY RELEASING INTO THE AMBIENT AIR SULFURIC ACID VAPORS - ( COUNT II - 7/17/2001 )
(2)
3 YEARS PROBATION; $10,000,000 FINE AND $125 SPECIAL ASSESSMENT
33:1311, 1319(c)(1)(A) and 1342, and 18:2 - NEGLIGENTLY CAUSING THE DISCHARGE OF A POLLUTANT FROM THE ACID TANK FARM INTO THE DELAWARE RIVER - ( COUNT III - 7/17/2001 )
(3)
3 YEARS PROBATION; $10,000,000 FINE AND $125 SPECIAL ASSESSMENT

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byEdmond Falgowski
U.S. Attorney's Office
1007 Orange Street, Suite 700
P.O. Box 2046
Wilmington, DE 19899-2046
(302) 573-6154
Fax: 302-573-6220
Email: edmond.falgowski@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
03/16/20051 MOTION to Seal the Information and Case File by USA as to Defendant 1. (kjk, ) Additional attachment(s) added on 3/18/2005 (kjk, ). (Entered: 03/18/2005)
03/16/2005  SO ORDERED granting 1 Motion to Seal Case as to Defendant 1 (1). Signed by Judge Sue L. Robinson on 3/16/05. (kjk, ) (Entered: 03/18/2005)
03/16/20052FELONY INFORMATION (Sealed) as to Defendant 1 (1) count(s) 1, 2, 3. Initial Appearance set for 3/17/2005 08:00 AM in Courtroom 6B before Honorable Sue L. Robinson. Arraignment set for 3/17/2005 08:00 AM in Courtroom 6B before Honorable Sue L. Robinson. (kjk, ) Additional attachment(s) added on 3/18/2005 (kjk, ). (Entered: 03/18/2005)
03/16/20053WAIVER OF INDICTMENT by Defendant 1 (kjk, ) Additional attachment(s) added on 3/18/2005 (kjk, ). (Entered: 03/18/2005)
03/16/20054Statement of Facts filed by Defendant 1, USA (kjk, ) Additional attachment(s) added on 11/17/2005 (fmt, ). (Entered: 03/18/2005)
03/16/20056MEMORANDUM OF PLEA AGREEMENT as to Defendant 1 (kjk, ) Additional attachment(s) added on 3/18/2005 (kjk, ). (Entered: 03/18/2005)
03/17/20057 MOTION to Unseal The Case File by USA as to Motiva Enterprises, LLC. (kjk, ) (Entered: 03/18/2005)
03/17/2005  SO ORDERED granting 7 Motion to Unseal The Case File as to Motiva Enterprises, LLC(1). Signed by Judge Sue L. Robinson on 3/17/05. (kjk, ) (Entered: 03/18/2005)
03/17/2005  FELONY INFORMATION UNSEALED as to Motiva Enterprises, LLC (kjk, ) (Entered: 03/18/2005)
03/17/2005  Minute Entry for proceedings held before Judge Sue L. Robinson: Deft. was present with counsel ( Eric Kraeutler, Esq., entered his appearance as retained counsel ). Govt. filed a Motion To Unseal the Case file; Granted; Memorandum of Plea Agreement Accepted;Plea and Sentence Hearing held on 3/17/2005 Motiva Enterprises, LLC (1) Plea of guilty and sentencing on Count 1,2,3. SENTENCE OF THE COURT: Motiva Enterprises, LLC (1), Count(s) 1, 3 YEARS PROBATION; $10,000,000 FINE AND $400 SPECIAL ASSESSMENT; Count(s) 2, 3, 3 YEARS PROBATION; $10,000,000 FINE AND $125 SPECIAL ASSESSMENT ( TO RUN CONCURRENT ). (Court Reporter Valerie Gunning.) (kjk, ) (Entered: 03/18/2005)
03/22/20058JUDGMENT as to Motiva Enterprises, LLC (1), Count(s) 1, 3 YEARS PROBATION; $10,000,000 FINE AND $400 SPECIAL ASSESSMENT; Count(s) 2, 3, 3 YEARS PROBATION; $10,000,000 FINE AND $125 SPECIAL ASSESSMENT . Signed by Judge Sue L. Robinson on 3/22/05. (fmt, ) (Entered: 03/23/2005)
03/24/2005TRANSCRIPT of Proceedings held on 3/17/05 before Judge Robinson. Court Reporter: V. Gunning. (Transcript on file in Clerk's Office) (fmt, ) (Entered: 03/28/2005)
11/17/2005  CORRECTING ENTRY: D.I. 4 (Statement of Facts) now has a pdf attachment (fmt, ) (Entered: 11/17/2005)