| CLOSED |
Case title: USA v. NY Periodical Dist. |
Date Filed: 03/11/2003 Date Terminated: 03/11/2003 |
| Assigned to: Senior Judge Howard G. Munson | ||
Defendant (1) |
||
| New York Periodical Distributors, Inc. | represented by | Edward R. Conan
Bond, Schoeneck Law Firm - Syracuse One Lincoln Center Syracuse, NY 13202-1355 315-218-8000 Fax: 315-218-8100 Email: econan@bsk.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained |
Pending Counts |
Disposition |
|
| 15:1.F ANTITRUST VIOLATIONS -- Beginning at least
as early as the fall of 1998 and continuing until the summer of 2000,
the exact dates being unknown to the US, the deft and co-conspirators
entered into and participated in a combination and conspiracy to supress
and eliminate competition by allocating markets for the wholesale
distribution of magazines, other periodicals, and books in Central New
York State. (1) |
The defendant organization shall pay a fine in the total monetary penalties of $500,000.00, special assessment $400.00 | |
Highest Offense Level (Opening) |
||
| Felony | ||
Terminated Counts |
Disposition |
|
| None | ||
Highest Offense Level (Terminated) |
||
| None | ||
Complaints |
Disposition |
|
| None |
Plaintiff |
||
| USA | represented by | William J. Oberdick
U.S. Department of Justice Antitrust Division Carl B. Stokes United States Court House 14th Floor 801 W. Superior Avenue Cleveland, OH 44113-1857 216-687-8446 Fax: 216-687-8423 Email: william.oberdick@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew T. Baxter U.S. District Court - Syracuse 100 South Clinton Street P.O. Box 7367 Syracuse, NY 13261 315-234-8600 ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 03/11/2003 | Initial appearance as to NY Periodical Dist. held [corporate deft appeared by its attorneys, E. Conan, Esq. and G. Lowe, Esq.] (Defendant informed of rights.) before Judge Munson (jt) (Entered: 03/14/2003) | |
| 03/11/2003 | 1 | WAIVER OF INDICTMENT by NY Periodical Dist. (jt) (Entered: 03/14/2003) |
| 03/11/2003 | 2 | FELONY INFORMATION as to NY Periodical Dist. (1) count(s) 1 (jt) (Entered: 03/14/2003) |
| 03/11/2003 | 3 | CERTIFICATE OF RESOLUTIONS by NY Periodical Dist. Re: Plea Agreement (jt) (Entered: 03/14/2003) |
| 03/11/2003 | 4 | Plea Agreement as to NY Periodical Dist. (jt) (Entered: 03/14/2003) |
| 03/11/2003 | 5 | SENTENCING MEMORANDUM by USA as to NY Periodical Dist. (jt) (Entered: 03/14/2003) |
| 03/11/2003 | 6 | Minute entry as to NY Periodical Dist.: Entry of Plea: APPR: Edward R. Conan, Esq. and George H. Lowe, Esq. for deft; Andrew T. Baxter, Esq., William J. Oberdick and Michael J. Keane for gov't. Gov't attys advise court of charges and plea agreement with corporate deft pursuant to Fed R. Crim. P. Rule 11(c)(1)(C) to One Count Information 5:2003-cr-114-001. Judge Munson advises atty of deft corporation of rights. Pursuant to a Resolution by deft, the corporate deft through its atty signs a Waiver of Indictment, waives reading Information and by and through its atty Edward R. Conan pleads Guilty to Count 1 of the Information. After extensive interrogation by the court, Judge Munson accepts the plea agreement, directs the entry of a corporate plea of guilty to count 1 of the Information. Upon the expressed consent of all parties and in the interest of justice, the court is prepared to proceed with sentencing without the benefit of a PSI and report. The court finds in accordance with USSG 6A1.1 that there is information in the record sufficient to enable the meaningful exercise of the court's sentencing authority pursuant to 18 USC 3553. The court has before it the Information, Plea Agreement and the Gov't Sentencing Memorandum. Sentence: Parties agree the imposition of restitution would complicate and prolong the sentencing process to a degree that the need to provide restitution to any victim is outweighed by the burden on the sentencing process. The court agrees. The court understands that the Anti-Trust Division has analyzed the financial records of the deft and concurs with the finding through a preliminary determination of the minimum of the guideline fine range that the organization cannot and is not likely to become able (even on an installment schedule) to pay such minimum guideline fine. Therefore a further determination of the guideline fine range is unnecessary. The court will impose a fine in accordance with the application of USSG 8C3.3 (Reduction of Fine based on inability to pay). The court accepts the plea agreement as it is satisfied the agreed upon sentence meets the general statutory provisions governing sentencing. Upon deft organization's plea of guilty to Count 1 of the Information, deft is sentenced to pay a fine to the Clerk of the Court in the Amount of $500,000.00. The fine is to be paid in the following installments: $80,000 (plus any accrued interest) within thirty days of imposition of sentence; $80,000 (plus any accrued interest) at the one year anniversary of imposition of sentence ("anniversary"); $80,000 (plus any accrued interest) at the two year anniversary; $80,000 (plus any accrued interest) at the three year anniversary; $80,000 (plus any accrued interest) at the four year anniversary; and $100,000 (plus any accrued interest) at the five year anniversary. New York Periodical Distributors, Inc. shall have the option at any time before the five year anniversary of repaying the remaining balance of the fine plus any accrued interest. The deft organization shall pay a special assessment to the clerk of the court in the amount of $400.00 which is due immediately. Parties advised of appeal. Clerk: P. McBrearty; Steno: J. Hibbard [2:00pm] (jt) (Entered: 03/14/2003) |
| 03/11/2003 | PLEA of Guilty: NY Periodical Dist. (1) count(s) 1 ; Court accepts plea. Remaining counts, if any, to be dismissed at sentencing. (jt) (Entered: 03/14/2003) | |
| 03/11/2003 | 7 | SEALED DOCUMENT as to NY Periodical Dist. (jt) (Entered: 03/14/2003) |
| 03/11/2003 | 8 | SEALED DOCUMENT as to NY Periodical Dist. (jt) (Entered: 03/14/2003) |
| 03/11/2003 | 9 | MOTION by USA as to NY Periodical Dist. to Seal Cooperation Agreements (jt) (Entered: 03/14/2003) |
| 03/11/2003 | 10 | ORDER as to NY Periodical Dist., Sealing granting [9-1] motion to Seal Cooperation Agreements as to NY Periodical Dist. (1) ( Signed by Senior Judge Howard G. Munson on 3/11/03 ) (jt) (Entered: 03/14/2003) |
| 03/11/2003 | Sentencing held as to NY Periodical Dist. (1) on count 1 (jmb) (Entered: 03/25/2003) | |
| 03/14/2003 | RECEIPT for Payment of Special Assessment paid by NY Periodical Dist. AMOUNT $ 400 Receipt # 68697 (jt) (Entered: 03/14/2003) | |
| 03/20/2003 | 11 | JUDGMENT as to NY Periodical Dist. (1) on count 1, The defendant organization shall pay a fine in the total monetary penalties of $500,000.00, special assessment $400.00 (Signed by Senior Judge Howard G. Munson) (jmb) (Entered: 03/25/2003) |
| 04/10/2003 | RECEIPT for Payment of part Fine paid by NY Periodical Dist. AMOUNT $ 80,464.66 Receipt # 69594 (see) (Entered: 04/10/2003) | |
| 04/14/2003 | 12 | TRANSCRIPT OF CHANGE OF PLEA & SENTENCING: filed in case as to NY Periodical Dist. for the date of March 11, 2003 (Court Reporter: Jodi L. Hibbard) (jmb) (Entered: 04/15/2003) |
| 05/19/2003 | Phone and fax number updated for attorney Edward R. Conan at the Syracuse office of Bond, Schoeneck & King, PLLC, pursuant to notice from the firm dated 5/14/03. (cbm) (Entered: 05/19/2003) | |
| 04/08/2004 | Receipt for Payment as to New York Periodical Distributors, Inc., payment of fine $85,138.00, receipt number 74103 (dct) (Entered: 04/08/2004) | |
| 03/23/2005 | Receipt for Payment as to New York Periodical Distributors, Inc., payment of Fine $ 83,954.81, receipt number SYR2239 (alh) (Entered: 03/23/2005) | |
| 08/25/2005 | 13 | ORDER To Show Cause; Parties shall show cause within 30 days why document(s) in this case shall not be unsealed for purposes of sending file to the FRC for storage; Failure to respond w/in 30 days will result in the unsealing of document(s) for shipment to the FRC. Signed by Judge Howard G. Munson on 8/25/05. (kcl, ) (Entered: 08/29/2005) |
| 09/23/2005 | 14 | Letter from Edward R. Conan, Esq. for New York Periodical Distributors, Inc. requesting that the sealed documents remain under seal (Conan, Edward) (Entered: 09/23/2005) |
| 10/05/2005 | 15 | Letter for USA requesting sealing of documents (Attachments: # 1 Exhibit(s))(Oberdick, William) (Entered: 10/05/2005) |
| 10/05/2005 | 16 | Letter from USA for USA requesting file documents under seal (Attachments: # 3 Supplement)(Oberdick, William) (Entered: 10/05/2005) |
| 10/07/2005 | 17 | SEALED DOCUMENT (Response to Order to Show Cause)- maintained in Clerk's Office and not available for electronic viewing (kcl, ) (Entered: 10/07/2005) |
| 01/09/2006 | 18 | ORDER Addressing 13 Order to Show cause why certain documents should not be unsealed; It is ordered that the documents currently under seal with the Court shall remain under seal until further order of the Court . Signed by Judge Howard G. Munson on 1/5/06. (kcl, ) (Entered: 01/09/2006) |