CLOSED_2008

U.S. DISTRICT COURT
U.S. District Court, Western District of New York (Buffalo)
CRIMINAL DOCKET FOR CASE #: 1:07-cr-00254-WMS-1


Case title: USA v. National Air Cargo, Inc.

Date Filed: 10/25/2007
Date Terminated: 04/03/2008

Assigned to: Hon. William M. Skretny

Defendant (1)
National Air Cargo, Inc.
TERMINATED: 04/03/2008
represented byF. Whitten Peters
Williams & Connolly LLP
725 Twelfth Street N.W.
Washington, DC 20005
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Michael McDaniel
General Counsel
National Air Cargo, Inc.
350 Windward Drive
Orchard Park, NY 14127
800-635-0022
Fax: 800-631-9186
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Rodney O. Personius
Personius Melber LLP
2100 Main Place Tower
350 Main Street
Buffalo, NY 14202
(716) 855-1050
Fax: 716-855-1052
Email: rop@personiusmelber.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Terrence O'Donnell
Williams & Connolly LLP
725 12th Street
NW
Washington, DC 20005-5901
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Pending Counts

Disposition
STATEMENTS OR ENTRIES GENERALLY 18:1001.F
(1)
The Defendant is sentenced to $8,800,000 fine; $4,400,000 restitution to the Department of Defense; $400.00 special assessment fee.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byGretchen L. Wylegala
U.S. Attorney's Office
Federal Centre
138 Delaware Avenue
Buffalo, NY 14202
716-843-5822
Fax: 716-551-3052
Email: gretchen.wylegala@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
10/25/20071INFORMATION as to National Air Cargo, Inc. (1) count(s) 1. (JDK) (Entered: 10/29/2007)
10/25/20072WAIVER OF INDICTMENT by National Air Cargo, Inc. (JDK) (Entered: 10/29/2007)
10/25/20073PLEA AGREEMENT as to National Air Cargo, Inc. (JDK) (Entered: 10/29/2007)
10/25/20074Secretary's Certificate by National Air Cargo, Inc., Brian Conaway, Secretary(JDK) (Entered: 10/29/2007)
10/25/20075Action on Consent of the Sole Director and the Sole Shareholder of National Air Cargo, Inc. (JDK) (Entered: 10/29/2007)
10/25/20076Letter from Gretchan Wylegala, AUSA, dated 10/25/07, to F. Whitten Peters, Esq. (JDK) (Entered: 10/29/2007)
10/25/20077Letter from Michael McDaniel General Counsel National Air Cargo, Inc., dated 10/25/07, to Judge William M. Skretny (JDK) (Entered: 10/29/2007)
10/25/20078 MOTION for Leave to Appear pro hac vice Attorney: Terrence O'Donnell, Esq.. by National Air Cargo, Inc.. (Attachments: # 4 Exhibit D)(JDK) (Entered: 10/29/2007)
10/25/20079 MOTION for Leave to Appear pro hac vice Attorney: F. Whitten Peters, Esq.. by National Air Cargo, Inc.. (Attachments: # 4 Exhibit D)(JDK) (Entered: 10/29/2007)
10/25/200712 Minute Entry for proceedings held before the Hon. William M. Skretny: Waiver of Indictment and Plea as to National Air Cargo, Inc. held on 10/25/2007. Court grants the pro hac vice motions of F. Whitten Peters and Terrence O'Donnell. Waiver of Indictment and Plea agreement entered into. Michael McDaniel, General Counsel sworn on behalf of the Corporation. John P. Fernbach, Chief Financial Officer sworn on behalf of the Corporation. Fernbach questioned about financial position of the corporation. Defendant pled guilty to a One Count Felony Information. Plea Agreement pursuant to Rule 11(c)(1)(C). Court provisionally accepts plea agreement. Letter to be filed clarifying understanding in the event that the proposed resolution of qui tam proceeding is not approved. Sentencing is scheduled for 12/11/2007 @ 2:00 p.m.. Presentence report is due to parties by 11/26/2007. Statements regarding Sentencing Factors are to be filed by 12/3/2007. For the govt. - Gretchen Wylegala, Robert Trusiak. For the deft. - Rodney Personius, F. Whitten Peters, Terrence O'Donnell. Court Reporter - Deborah Thies Jack W. Hunt & Associates, Inc. (MEAL) (Entered: 11/02/2007)
10/26/200710ORDER granting 8 Motion for Leave to Appear pro hac vice for Attorney Terrence O'Donnell for National Air Cargo, Inc. Signed by Judge William M. Skretny on 10/26/07.(JDK) Additional attachment(s) added on 10/29/2007 (JDK) (Entered: 10/29/2007)
10/26/2007  E-Filing Notification: 10 ORDER, pdf document inadvertently unattached to original entry, entry has been corrected**(JDK) (Entered: 10/29/2007)
10/26/200711ORDER granting 9 Motion for Leave to Appear pro hac vice for Attorney F. Whitten Peters for National Air Cargo, Inc. Signed by Judge William M. Skretny on 10/26/07.(JDK) (Entered: 10/29/2007)
10/26/2007  NOTICE by National Air Cargo, Inc. re 11 Order on Motion for Leave to Appear, filing fee received for pro hac vice applications, receipt No. 5084 for attorney Terrence O'Donnell, rceipt No. 5085 for attorney F. Whitten Peters (JDK) (Entered: 10/29/2007)
11/13/200713 TRANSCRIPT of Proceedings as to National Air Cargo, Inc. held on 10/25/07 before Judge William M. Skretny. Court Reporter: Deborah J. Thies. (pages 1-78) Transcript maintained in paper form in the Clerk's office. (DZ) (Entered: 11/14/2007)
12/03/200714STATEMENT WITH RESPECT TO SENTENCING FACTORS by USA as to National Air Cargo, Inc. (Wylegala, Gretchen) (Entered: 12/03/2007)
12/03/200715STATEMENT WITH RESPECT TO SENTENCING FACTORS by National Air Cargo, Inc. (Personius, Rodney) (Entered: 12/03/2007)
12/03/200716Certificate of Service by USA as to National Air Cargo, Inc. re 14 Statement with Respect to Sentencing Factors CERTIFICATE OF SERVICE BY MAIL (Wylegala, Gretchen) (Entered: 12/03/2007)
12/03/200717 MOTION to Adjourn Sentencing NOTICE OF MOTION AND MOTION TO ADJOURN SENTENCING AND FOR LEAVE TO FILE ADJOURNMENT MOTION LATE by USA as to National Air Cargo, Inc.. (Wylegala, Gretchen) (Entered: 12/03/2007)
12/05/200718 TEXT ORDER as to National Air Cargo, Inc. IT HEREBY IS ORDERED that the Government's Motion to Adjourn Sentencing 17 is GRANTED. Sentencing currently scheduled 12/11/2007 is ADJOURNED to 3/6/2008 at 2:00 PM, before the Hon. William M. Skretny. Signed by Judge William M. Skretny on 12/4/2007.(JCD) (Entered: 12/05/2007)
02/28/200819 MOTION to Adjourn Sentencing for 21 days by National Air Cargo, Inc.. (Personius, Rodney) (Entered: 02/28/2008)
02/28/200820 MOTION to Expedite Motion for Adjournment of Sentencing by National Air Cargo, Inc.. (Attachments: # 1 Exhibit A)(Personius, Rodney) (Entered: 02/28/2008)
02/29/200821AFFIDAVIT in Opposition by USA as to National Air Cargo, Inc. re 19 MOTION to Adjourn Sentencing for 21 days AFFIDAVIT IN RESPONSE TO DEFENDANT'S MOTION TO ADJOURN SENTENCING & REQUESTING THAT THE ADJOURNMENT MOTION BE HELD IN ABEYANCE UNTIL NEXT WEEK (Wylegala, Gretchen) (Entered: 02/29/2008)
02/29/200822AFFIDAVIT in Opposition by USA as to National Air Cargo, Inc. re 19 MOTION to Adjourn Sentencing for 21 days AFFIDAVIT IN RESPONSE TO DEFENDANT'S MOTION TO ADJOURN SENTENCING & REQUESTING THAT THE ADJOURNMENT BE HELD IN ABEYANCE UNTIL NEXT WEEK (Wylegala, Gretchen) (Entered: 02/29/2008)
02/29/200823 TEXT ORDER as to National Air Cargo, Inc. IT HEREBY IS ORDERED that Defendant's 19 Motion to Adjourn Sentencing is GRANTED. The sentencing scheduled for March 6, 2008 at 2:00 p.m. will now be a status conference, at which counsel will report on their progress in finalizing the plea agreement and settlement, and the 19 Motion to Adjourn will be discussed. All counsel, parties, and representatives of parties that are required to attend the sentencing shall also appear at the status conference. SO ORDERED. Issued by William M. Skretny U.S.D.J. on 2/29/2008. (MEAL) (Entered: 02/29/2008)
03/05/2008  CALENDAR ENTRY as to National Air Cargo, Inc.: Status Conference re: Sentencing is scheduled for 3/6/2008 at 2:00 PM before William M. Skretny U.S.D.J. (MEAL) (Entered: 03/05/2008)
03/06/200824 Minute Entry for proceedings held before William M. Skretny U.S.D.J. Status conference held on 3/6/2008. Copy of final resolutions, plea agreement amendments, affirmation that financial status of the corporation hasnt changed etc. to be provided to the Court on 3/12/2008. Restitution/SPA monies to be turned over at sentencing. Presentence report to be amended. Court to advise if CFO Fernbachs presence is necessary at sentencing. Amended plea proceeding and Sentencing is now scheduled for 3/26/3008 at 2:00 p.m.. For the govt. - Gretchen Wylegala. For the defts. - Rodney O. Personius, F. Whitten Peters, Terrence ODonnell, Michael McDaniel. Also present: Richard Kaufman, Daniel Oliverio, Joseph Sedita, Robert Trusiak, Mary Pat Fleming. (Court Reporter Michelle McLaughlin.)(MEAL) (Entered: 03/11/2008)
03/12/200825 TRANSCRIPT of Proceedings as to National Air Cargo, Inc. held on 3/6/08 before Judge William M. Skretny. Court Reporter: Michelle McLaughlin. pages 1-55) Transcript maintained in paper form in the Clerk's office. (DZ) (Entered: 03/13/2008)
03/19/200826STATEMENT WITH RESPECT TO SENTENCING FACTORS by USA as to National Air Cargo, Inc. (Wylegala, Gretchen) (Entered: 03/19/2008)
03/19/200827STATEMENT WITH RESPECT TO SENTENCING FACTORS by USA as to National Air Cargo, Inc. (Wylegala, Gretchen) (Entered: 03/19/2008)
03/20/200828SENTENCING MEMORANDUM/LETTERS as to National Air Cargo, Inc. (DZ) (Entered: 03/20/2008)
03/21/200829STATEMENT WITH RESPECT TO SENTENCING FACTORS by National Air Cargo, Inc. (Personius, Rodney) (Entered: 03/21/2008)
03/26/200830 Minute Entry for proceedings held before William M. Skretny: Additional Plea Proceeding and Sentencing held on 3/26/2008 for National Air Cargo, Inc. on One Count Felony Information. Amendment to Plea Agreement entered into. Plea Agreement, Amendment to Plea Agreement and plea of Guilty to One Count Felony Information accepted by the Court. Presentence report to be sealed - - will be made available to counsel for appeal purposes only. The probation department's recommendation section which is a part of said presentence report will be kept under separate seal and will not be accessible to counsel. The defendant is sentenced as follows: $8,800,000 fine; $4,400,000 restitution to the Department of Defense; $400.00 Special Assessment. The Court imposes sentence as stated and directs preparation of a judgment of conviction. For the govt. - Gretchen Wylegala. For the defts. - Rodney O. Personius, F. Whitten Peters, Michael McDaniel. Also present: Richard Kaufman, Daniel Oliverio, Robert Trusiak, Mary Pat Fleming. (Court Reporter Michelle McLaughlin.)(MEAL) (Entered: 04/01/2008)
03/26/200831AMENDMENT TO THE PLEA AGREEMENT filed on 10/25/07 (SG) (Entered: 04/01/2008)
03/26/200832DECLARATION of John Fernbach by National Air Cargo, Inc. (SG) (Entered: 04/01/2008)
04/02/200833PRESENTENCE INVESTIGATION REPORT (Sealed) as to National Air Cargo, Inc. (DZ) (Entered: 04/03/2008)
04/02/200834Sealed Document as to National Air Cargo, Inc. (DZ) (Entered: 04/03/2008)
04/03/200835JUDGMENT as to National Air Cargo, Inc. (1), Count(s) 1, Additional certified copies forwarded to USPO, USM, US Attorney, Debt Collection, Financial Department. Signed by Hon. William M. Skretny on 4/2/08.(DZ) (Entered: 04/03/2008)
04/22/200836SATISFACTION OF JUDGMENT by USA (Robinson, Kevin) (Entered: 04/22/2008)