CLOSED

U.S. District Court
District of South Carolina (Florence)
CRIMINAL DOCKET FOR CASE #: 4:05-cr-01240-RBH-1


Case title: USA v. New York Cellphone.Com Inc

Date Filed: 11/23/2005
Date Terminated: 03/24/2006

Assigned to: Honorable R Bryan Harwell

Defendant (1)
New York Cellphone.Com Inc
TERMINATED: 03/24/2006
represented byThomas C Brittain
Hearn Brittain and Martin
4614 Oleander Drive
Suite A
Myrtle Beach, SC 29577
843-449-8562
Fax: 843-497-6124
Email: tommy@brittainlawfirm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:2320 TRAFFICKING IN COUNTERFEIT GOODS/SERVICES (SUB OFFENSE)
(1)
Defendant is hereby placed on probation for a term of 3 years. While on probation, the defendant shall not commit another federal, state or local crime, shall comply with standard conditions adopted by this court and the following special condition: The defendant shall provide financial information to the probation officer upon request, to include yearly income tax returns. $400 special assessment and $25,000.00 fine due immediately

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byWilliam E Day , II
US Attorneys Office
PO Box 1567
Florence, SC 29503
843-665-6688
Fax: 843-678-8809
Email: bill.day@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
11/23/20051INFORMATION as to New York Cellphone.Com Inc (1) count(s) 1. (suro) (Entered: 11/28/2005)
11/23/20053PLEA AGREEMENT as to New York Cellphone.Com Inc (suro) (Entered: 11/28/2005)
11/30/2005Case Assigned as to New York Cellphone.Com Inc to Judge R Bryan Harwell. (cram) (Entered: 11/30/2005)
11/30/2005NOTICE OF HEARING as to New York Cellphone.Com Inc Change of Plea Hearing set for 1/6/2006 10:00 AM in Florence #1, McMillan Federal Bldg, 401 W. Evans St., Florence before Honorable R Bryan Harwell. Plea to an information, first appearance for defendant.(mcam, ) (Entered: 11/30/2005)
12/07/2005NOTICE OF HEARING as to New York Cellphone.Com Inc Change of Plea Hearing RESET for 12/13/2005 02:00 PM (previously set for 1/6/06), McMillan Federal Bldg, 401 W. Evans St., Florence before Honorable R Bryan Harwell. (mcam, ) (Entered: 12/07/2005)
12/09/2005NOTICE OF HEARING as to New York Cellphone.Com Inc; Change of Plea Hearing RESET for 1/6/2006 10:00 AM (previously set for 12/13/05 2:00) before Honorable R Bryan Harwell. (mcam, ) (Entered: 12/09/2005)
01/06/2006Minute Entry for proceedings held before Judge R Bryan Harwell :Arraignment as to New York Cellphone.Com Inc (1) Count 1 held on 1/6/2006; Shawn Clark, officer of defendant corporation, present with retained counsel, Thomas Brittain; William Day, AUSA; guilty plea to be entered. Court Reporter Ray Simmons. (mcam, ) (Entered: 01/06/2006)
01/06/2006Minute Entry for proceedings held before Judge R Bryan Harwell :Change of Plea Hearing as to New York Cellphone.Com Inc held on 1/6/2006; Plea Agreement: acceptance/rejection deferred. New York Cellphone.Com Inc (1) Guilty Count 1. Guilty plea entered by Shawn Clark, officer and shareholeder; Clerk to file Corporate Resolution; $10,000.00 Non-surety bond executed. Court Reporter Ray Simmons. (mcam, ) (Entered: 01/06/2006)
01/06/200610WAIVER OF INDICTMENT by New York Cellphone.Com Inc (mcam, ) (Entered: 01/09/2006)
01/06/200611GUILTY PLEA ENTERED as to New York Cellphone.Com Inc (mcam, ) (Entered: 01/09/2006)
01/06/200612Corporate Resolution by New York Cellphone.Com Inc; filed per direction of Court. (mcam, ) (Entered: 01/09/2006)
01/06/200613Non-Surety Bond Entered as to New York Cellphone.Com Inc in amount of $ 10,000.00 (mcam, ) (Entered: 01/09/2006)
03/06/200616NOTICE OF HEARING as to New York Cellphone.Com Inc; Sentencing set for 3/14/2006 04:30 PM in Florence #1, McMillan Federal Bldg, 401 W. Evans St., Florence before Honorable R Bryan Harwell. (mcam, ) (Entered: 03/06/2006)
03/08/200617 NOTICE OF HEARING as to New York Cellphone.Com Inc Sentencing RESEST for 3/16/2006 01:00 PM (previously set for 3/14/06 4:30 PM) in Florence #1, McMillan Federal Bldg, 401 W. Evans St., Florence before Honorable R Bryan Harwell. (mcam, ) (Entered: 03/08/2006)
03/16/200618 Minute Entry for proceedings held before Judge R Bryan Harwell :Sentencing held on 3/16/2006 as to New York Cellphone.Com Inc; Court now accepts plea agreement. Court Reporter Vince Rolland. (mcam, ) (Entered: 03/16/2006)
03/24/200620JUDGMENT Sentence Date: 3/16/06 as to New York Cellphone.Com Inc (1), Count 1, Defendant is hereby placed on probation for a term of 3 years. While on probation, the defendant shall not commit another federal, state or local crime, shall comply with standard conditions adopted by this court and the following special condition: The defendant shall provide financial information to the probation officer upon request, to include yearly income tax returns. $400 special assessment and $25,000.00 fine due immediately . Signed by Judge R Bryan Harwell on 3/24/06.(mcam, ) (Entered: 03/24/2006)