CLOSED

U.S. District Court
Eastern District of Kentucky (London)
CRIMINAL DOCKET FOR CASE #: 6:09-cr-00054-JBT-1


Case title: USA v. Nami Resources Company, LLC.

Date Filed: 08/13/2009
Date Terminated: 10/15/2009

Assigned to: Magistrate Judge James B Todd

Defendant (1)
Nami Resources Company, LLC.
TERMINATED: 10/15/2009
represented byGeorge L. Seay , Jr.
Wyatt, Tarrant & Combs LLP - Lexington
250 W. Main Street
Suite 1600
Lexington, KY 40507
859-288-7448
Fax: 859-259-0649
Email: gseay@wyattfirm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
33:1319(c)(1)(A) VIOLATE THE CLEAN WATER ACT DISCHARGING POLLUTANTS INTO A WATER OF U.S.
(1)
FINE: $25,000.00; SPECIAL ASSESSMENT: $25.00
16:1540(b)(1)ENDANGERED SPECIES - PENALTIES
(2)
FINE: $25,000.00; SPECIAL ASSESSMENT: $25.00

Highest Offense Level (Opening)
Misdemeanor

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byRoger West
U.S. Attorney's Office, EDKY
260 W. Vine Street
Suite 300
Lexington, KY 40507-1612
859-685-4895
Fax: 859-233-2658
Email: Roger.West@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
07/30/2009NOTICE of INTENT TO FILE INFORMATION AND MOTION for Arraignment by USA as to Nami Resources Company, LLC.. (SWA) (Entered: 08/14/2009)
07/31/2009 ORDER as to Nami Resources Company, LLC., ( Arraignment set for 8/13/2009 10:30 AM in LEXINGTON before Magistrate Judge James B Todd.), Motions terminated as to Nami Resources Company, LLC.: 1 MOTION for Arraignment by USA filed by USA.. Signed by Magistrate Judge James B Todd on 7/31/09. (SWA)cc: COR,USM,USP (Entered: 08/14/2009)
08/13/2009INFORMATION as to Nami Resources Company, LLC. (1) count(s) 1, 2. (Attachments: # 1 case assignment) (SWA) (Entered: 08/14/2009)
08/13/2009 ORDER as to Nami Resources Company, LLC., Case as to Nami Resources Company, LLC. transferred to Judge Magistrate Judge James B Todd. Judge Robert E. Wier no longer assigned to the case.. Signed by Robert E. Wier on 8/13/09. (SWA)cc: COR,USM,USP (Entered: 08/14/2009)
08/13/2009MINUTE ENTRY FOR Arraignment as to Nami Resources Company, LLC. held on 8/13/09 before Magistrate James B. Todd. Arraignment continued to 10/13/2009 10:00 AM in LEXINGTON before Magistrate Judge James B Todd. George Seay appeared as RETAINED counsel of record. (Court Reporter Rhonda Sansom.) (SWA)cc: COR,USM,USP (Entered: 08/14/2009)
08/14/2009  Conflict Check run. (SWA) (Entered: 08/14/2009)
08/14/2009  IMPORTANT NOTICE - PRIVACY RULES and REDACTION POLICY: F.R.Cr.P. 49.1 requires that personal identification information must be partially redacted from documents filed with the court. Click here for more information on the rules. In connection with the Federal Privacy Rule, the Court's Privacy Policy may be found on the court website at www.kyed.uscourts.gov. Read this policy carefully. It is the sole responsibility of counsel and the parties to comply with the rules of this court requiring redaction of personal data identifiers. cc: COR (MRS) (Entered: 08/14/2009)
09/28/2009 ORDER as to Nami Resources Company, LLC.: The arraignment set for October 13, 2009, is SET ASIDE. The arraignment in this matter is reassigned for October 14, 2009, at the hour of 1:30 p.m., United States Courthouse, 101 Barr Street, Lexington, Kentucky before Magistrate Judge James B Todd. Signed by Magistrate Judge James B Todd on 9/28/2009. (RC)cc: COR,USM,USP (Entered: 09/28/2009)
10/14/2009CONSENT TO PLEAD BEFORE MAGISTRATE JUDGE JAMES B. TODD by Nami Resources Company, LLC. cc: COR,USP (RC) (Entered: 10/16/2009)
10/14/2009 ORDER as to Nami Resources Company, LLC.: 1) The Court finds dft to be fully competent and capable of entering an informed plea and enters the Alford Plea knowingly and voluntarily. The Alford Plea of guilty as to violations of 33 USC § 1319(c)(1)(A) and violation of 16 USC § 1540(b)(1) is accepted and dft is adjudged guilty of the offenses set forth in the Criminal Information. Judgment shall be entered; 2) Dft, Nami Resources Company, LLC is ordered to pay a fine of $25,000.00 on each count plus a $25.00 special assessment on each count, payable by October 16, 2009.. Signed by Magistrate Judge James B Todd on 10/14/2009. (RC)cc: COR,USM,USP (Entered: 10/16/2009)
10/14/2009MINUTE ENTRY FOR ARRAIGNMENT & REARRAIGNMENT as to Nami Resources Company, LLC. held on 10/14/2009 before Magistrate Judge James B Todd: Nami Resources Company, LLC representative John Scott Gilbert present. The Court finds dft to be fully competent and capable of entering an informed plea and that they enter a Alford Plea knowingly and voluntarily. The Aford Plea of guilty to Count 1 and 2 is accepted and dft was adjudged guilty of the offense set forth in Count 1 and 2.George L. Seay, Jr. appeared as RETAINED counsel of record. (Court Reporter Georgene Scribner.) (RC)cc: COR,USM,USP,FINANCE (Entered: 10/16/2009)
10/14/200910 MINUTE ENTRY FOR SENTENCING as to Nami Resources Company, LLC. held on 10/14/2009 before Magistrate Judge James B Todd: Proceedings held. court determined that a presentence report was not needed. The Court finds the dft to be fully competent and capable of entering an informed plea and that they enter an Alford plea knowingly and voluntarily. The Alford plea of guilty as to Counts 1 and 2 is accepted and dft adjudged guilty of the offenses set forth in Counts 1 and 2. Judgment shall be entered.GEORGE L. SEAY appeared as RETAINED counsel of record. (Court Reporter Georgene Scrivner.) (RC)cc: COR,USM,USP (Entered: 10/19/2009)
10/15/200911 JUDGMENT UPON PLEA OF GUILTY as to Nami Resources Company, LLC. (1), Count(s) 1, 2, FINE: $25,000.00 per count. TOTAL FINE: $50,000; SPECIAL ASSESSMENT: $25.00 per count. TOTAL SPECIAL ASSESSMENT: $50.00, Nami Resources Company, LLC. terminated.Signed by Judge Magistrate Judge James B Todd. (RC)(cc: Paper copy w/ NOE to COR; Paper Copy to USM x 1 cert. copy; Electronic copy to USP ; Electronic copy to Finance) (Entered: 10/19/2009)
10/27/200912 Mail Returned as Undeliverable. Mail sent to George L. Seay, Jr. re 11 Judgment. Clerks Note: Judgment remailed on today's date to Hon. George L. Seay, Jr. at address for counsel listed on the KBA's web site. (RC) (Entered: 10/27/2009)
05/21/201013 TRANSCRIPT of Proceedings: as to Nami Resources Company, LLC. ARRAIGNMENT held on October 14, 2010 before Magistrate Judge James B. Todd. Court Reporter: Georgene R. Scrivner, Telephone number 502-223-7279 Transcript ordered by: GEORGE L. SEAY, JR. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 6/14/2010. Redacted Transcript Deadline set for 6/24/2010. Release of Transcript Restriction set for 8/23/2010. (RC) (Entered: 05/21/2010)