TERMINATED

U.S. District Court
District of Oregon (Portland)
CRIMINAL DOCKET FOR CASE #: 3:08-cr-00154-KI-1


Case title: USA v. National Navigation Company

Date Filed: 03/28/2008
Date Terminated: 05/02/2008

Assigned to: Judge Garr M. King

Defendant (1)
National Navigation Company
TERMINATED: 05/02/2008
represented byRobert C. Weaver , Jr.
Garvey Schubert Barer
121 SW Morrison Street
11th Floor
Portland, OR 97204-3141
(503) 228-3939
Fax: (503) 226-0259
Email: rweaver@gsblaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Samuel C. Kauffman
Garvey Schubert Barer
121 SW Morrison Street
11th Floor
Portland, OR 97204-3141
503 228-3939 x3220
Fax: 503 226-0259
Email: skauffman@gsblaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
APPS VIOLATION
(1)
PROBATION: 48 months (4 years); SPECIAL ASSESSMENT FEE: $4,800.00; FINE: $5,750,000.00. Upon receipt of the defendant's payment, the Clerk of Court is ordered to issue a check in the amount of $2,025,000.00 payable to the Oregon Governor's Fund for the Environment.
FALSE STATEMENTS
(2)
PROBATION: 48 months (4 years); SPECIAL ASSESSMENT FEE: $4,800.00; FINE: $5,750,000.00. Upon receipt of the defendant's payment, the Clerk of Court is ordered to issue a check in the amount of $2,025,000.00 payable to the Oregon Governor's Fund for the Environment.
APPS VIOLATION
(3)
PROBATION: 48 months (4 years); SPECIAL ASSESSMENT FEE: $4,800.00; FINE: $5,750,000.00. Upon receipt of the defendant's payment, the Clerk of Court is ordered to issue a check in the amount of $2,025,000.00 payable to the Oregon Governor's Fund for the Environment.
FALSE STATEMENTS
(4)
PROBATION: 48 months (4 years); SPECIAL ASSESSMENT FEE: $4,800.00; FINE: $5,750,000.00. Upon receipt of the defendant's payment, the Clerk of Court is ordered to issue a check in the amount of $2,025,000.00 payable to the Oregon Governor's Fund for the Environment.
APPS VIOLATION
(5)
PROBATION: 48 months (4 years); SPECIAL ASSESSMENT FEE: $4,800.00; FINE: $5,750,000.00. Upon receipt of the defendant's payment, the Clerk of Court is ordered to issue a check in the amount of $2,025,000.00 payable to the Oregon Governor's Fund for the Environment.
FALSE STATEMENTS
(6)
PROBATION: 48 months (4 years); SPECIAL ASSESSMENT FEE: $4,800.00; FINE: $5,750,000.00. Upon receipt of the defendant's payment, the Clerk of Court is ordered to issue a check in the amount of $2,025,000.00 payable to the Oregon Governor's Fund for the Environment.
APPS VIOLATION
(7)
PROBATION: 48 months (4 years); SPECIAL ASSESSMENT FEE: $4,800.00; FINE: $5,750,000.00. Upon receipt of the defendant's payment, the Clerk of Court is ordered to issue a check in the amount of $2,025,000.00 payable to the Oregon Governor's Fund for the Environment.
FALSE STATEMENTS
(8)
PROBATION: 48 months (4 years); SPECIAL ASSESSMENT FEE: $4,800.00; FINE: $5,750,000.00. Upon receipt of the defendant's payment, the Clerk of Court is ordered to issue a check in the amount of $2,025,000.00 payable to the Oregon Governor's Fund for the Environment.
APPS VIOLATION
(9)
PROBATION: 48 months (4 years); SPECIAL ASSESSMENT FEE: $4,800.00; FINE: $5,750,000.00. Upon receipt of the defendant's payment, the Clerk of Court is ordered to issue a check in the amount of $2,025,000.00 payable to the Oregon Governor's Fund for the Environment.
FALSE STATEMENTS
(10)
PROBATION: 48 months (4 years); SPECIAL ASSESSMENT FEE: $4,800.00; FINE: $5,750,000.00. Upon receipt of the defendant's payment, the Clerk of Court is ordered to issue a check in the amount of $2,025,000.00 payable to the Oregon Governor's Fund for the Environment.
APPS VIOLATION
(11)
PROBATION: 48 months (4 years); SPECIAL ASSESSMENT FEE: $4,800.00; FINE: $5,750,000.00. Upon receipt of the defendant's payment, the Clerk of Court is ordered to issue a check in the amount of $2,025,000.00 payable to the Oregon Governor's Fund for the Environment.
FALSE STATEMENTS
(12)
PROBATION: 48 months (4 years); SPECIAL ASSESSMENT FEE: $4,800.00; FINE: $5,750,000.00. Upon receipt of the defendant's payment, the Clerk of Court is ordered to issue a check in the amount of $2,025,000.00 payable to the Oregon Governor's Fund for the Environment.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byDwight C. Holton
United States Attorney's Office
1000 S.W. Third Avenue
Suite 600
Portland, OR 97204
(503) 727-1128
Fax: (503) 727-1117
Email: dwight.holton@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
03/28/20081Felony Information as to National Navigation Company (1) counts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12; 33 USC 1908(a); 33 CFR 151.25(a)(d), and (h) and 18 USC 1001(a)(3); 2(b) ACT TO PREVENT POLLUTION FROM SHIPS AND FALSE STATEMENTS. (mkk) (Entered: 04/01/2008)
04/01/20082Notice of Case Assignment to Judge Garr M. King. (mkk) (Entered: 04/01/2008)
04/03/2008Scheduling Order as to National Navigation Company. Order - Setting an Arraignment, Plea and Sentencing Hearing for 4/29/2008 at 01:00PM in Portland, Courtroom 9A, before Judge Garr M. King. Ordered by Judge Garr M. King (mja) (Entered: 04/03/2008)
04/17/20084 Sentencing Memorandum by National Navigation Company (Attachments: # 3 Exhibit 3 (Environmental Compliance Plan)) (Holton, Dwight) (Entered: 04/17/2008)
04/25/20085 Sentencing Memorandum by National Navigation Company (Weaver, Robert) (Entered: 04/25/2008)
04/29/2008Minutes of Arraignment, Plea and Sentencing Hearing: Defendant sworn and examined. Defendant advised of rights. Defendant oraly waives Indictment. (formal waiver to follow). Defendant waives reading of the information. Plea Petition and Plea Agreement signed and accepted by the Court. Government summarized charges and terms of plea agreement. Court finds defendant capable and competent to enter plea. Guilty plea entered to counts 1 through 12 of the Information. Court finds guilty plea(s) to be knowingly and voluntary. Defendant waived presentence investigation and report. See separate Judgment and Commitment. Counsel Present for Plaintiff: Dwight Holton, J. Ronald Sutcliffe and James Oesterle.Counsel Present for Defendant: Samuel Kaufman and Tim Weaver.(Court Reporter Nancy Walker) Judge Garr M. King presiding. (mja) (Entered: 04/29/2008)
04/29/20087Petition to Enter Plea of Guilty; Certificate of Counsel; & Order Entering Plea as to National Navigation Company. Signed 4/29/08 by Judge Garr M. King (mkk) (Entered: 04/30/2008)
04/29/20088 Plea Agreement as to National Navigation Company (mkk) (Entered: 05/02/2008)
04/29/20089 Joint Factual Statement as to National Navigation Company. Filed by the USA. (mkk) (Entered: 05/02/2008)
04/29/200810 Environmental Compliance Plan by USA as to National Navigation Company (Attachments: # 2 Attachment part 3 of document) (mkk) (Entered: 05/02/2008)
05/01/200811Waiver of Indictment by National Navigation Company (mkk). (Entered: 05/02/2008)
05/02/200812Judgment & Commitment as to National Navigation Company (1), Count(s) 1 through 12 as follows: PROBATION: 48 months (4 years); SPECIAL ASSESSMENT FEE: $4,800.00; FINE: $5,750,000.00. Upon receipt of the defendant's payment, the Clerk of Court is ordered to issue a check in the amount of $2,025,000.00 payable to the Oregon Governor's Fund for the Environment by Judge Garr M. King signed on 5/1/08. (lmb) . (Entered: 05/05/2008)
05/02/200813Statement of Reasons as to National Navigation Company (NOTE: This document is filed under seal and will be served conventionally) by Judge Garr M. King signed on 5/1/08. (mkk) (Entered: 05/05/2008)
05/07/200814 Order - The judgment directs a community service payment to the Oregon Governor's Fund for the Environment, which is administered by the National Fish and Wildlife Foundation, at: Krystyna U. Wolniakowski, Director, Western Partnership Office, National Fish and Wildlife Foundation, 806 SW Broadway #750, Portland, OR 97205. By Judge Garr M. King (ecp) (Entered: 05/07/2008)
05/29/200815Transcript of Plea & Sentencing Proceedings as to National Navigation Company for the hearing held on 4/29/08 before Judge Garr M. King. Court Reporter: Nancy M. Walker. (mkk) (Entered: 05/30/2008)
10/24/2008   Clerk's Notice of Disbursement: Final community service payments were disbursed to the recipient(s) of Defendant National Navigation Company. All court ordered criminal monetary debt obligations as to this defendant in this case have been fully satisfied. (Related Document: Judgment & Commitment, 12 , Order, 14 .) (tr) (Entered: 10/24/2008)
12/23/200816 Stipulation as to National Navigation Company regarding Notice (Generic) 10 filed by Plaintiff USA Stipulated Modification of Environmental Compliance Plan Deadlines (Kauffman, Samuel) (Entered: 12/23/2008)
02/25/201117 Scheduling Order as to National Navigation Company. At the request of United States Probation, a Final Hearing re Revocation of Supervised Release is set for Thursday, April 28, 2011 at 01:30PM in Portland Courtroom 9A before Judge Garr M. King. Ordered by Judge Garr M. King. (pc) (Entered: 02/25/2011)
04/22/201118 Scheduling Order as to National Navigation Company. Order - At the request of U.S. Probation, the Court is striking the Violation Hearing set for 4/28/2011. Ordered by Judge Garr M. King (mja) (Entered: 04/22/2011)
04/26/201121Summons Returned Executed on 4/26/11, via US Postal Service as to National Navigation Company (schm) (Entered: 04/27/2011)