CLOSED

U.S. District Court
Northern District of New York - Main Office (Syracuse) [LIVE - Version 4.1.1] (Syracuse)
CRIMINAL DOCKET FOR CASE #: 5:03-cr-00114-HGM-1


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 byEdward 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 byWilliam 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)
03/11/20031WAIVER OF INDICTMENT by NY Periodical Dist. (jt) (Entered: 03/14/2003)
03/11/20032FELONY INFORMATION as to NY Periodical Dist. (1) count(s) 1 (jt) (Entered: 03/14/2003)
03/11/2003CERTIFICATE OF RESOLUTIONS by NY Periodical Dist. Re: Plea Agreement (jt) (Entered: 03/14/2003)
03/11/2003Plea Agreement as to NY Periodical Dist. (jt) (Entered: 03/14/2003)
03/11/2003SENTENCING MEMORANDUM by USA as to NY Periodical Dist. (jt) (Entered: 03/14/2003)
03/11/20036Minute 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)
03/11/2003SEALED DOCUMENT as to NY Periodical Dist. (jt) (Entered: 03/14/2003)
03/11/2003SEALED DOCUMENT as to NY Periodical Dist. (jt) (Entered: 03/14/2003)
03/11/2003MOTION by USA as to NY Periodical Dist. to Seal Cooperation Agreements (jt) (Entered: 03/14/2003)
03/11/200310 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)
03/20/200311JUDGMENT 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)
04/14/200312 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)
08/25/200513ORDER 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)
09/23/200514Letter 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)
10/05/200515Letter for USA requesting sealing of documents (Attachments: # 1 Exhibit(s))(Oberdick, William) (Entered: 10/05/2005)
10/05/200516Letter from USA for USA requesting file documents under seal (Attachments: # 3 Supplement)(Oberdick, William) (Entered: 10/05/2005)
10/07/200517 SEALED DOCUMENT (Response to Order to Show Cause)- maintained in Clerk's Office and not available for electronic viewing (kcl, ) (Entered: 10/07/2005)
01/09/200618ORDER 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)