MJSELECT-VVP

U.S. District Court
Eastern District of New York (Brooklyn)
CRIMINAL DOCKET FOR CASE #: 1:09-cr-00203-SJ-1


Case title: USA v. Nichols Institute Diagnostics

Date Filed: 04/08/2009
Date Terminated: 04/24/2009

Assigned to: Judge Sterling Johnson, Jr

Defendant (1)
Nichols Institute Diagnostics, Inc.
TERMINATED: 04/24/2009
represented byJim Walden
Gibson, Dunn & Crutcher LLP
200 Park Avenue
New York, NY 10166
212-351-4000
Fax: 212-351-4035
Email: jwalden@gibsondunn.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
ADULTERATION OR MISBRANDING OF ANY FOOD, DRUG
(1)
defendant Corporation receives fine in the amount of $40,000,000.00 and special assessment fee

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byRobert M. Radick
United States Attorney's Office
One Pierrepont Plaza
Brooklyn, NY 11201
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

William E. Schaeffer
United States Attorneys Office
271 Cadman Plaza East
Brooklyn, NY 11201
718-254-6059
Fax: 718-254-6076
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
04/08/2009NOTICE of Intent to proceed under FRCrP 7(b) as to John Doe. (Barrett, C) (Additional attachment(s) added on 4/9/2009: # 1 Information Sheet) (Barrett, C). (Entered: 04/09/2009)
04/14/2009ORDER REASSIGNING JUDGE as to John Doe reassigned to Senior Judge Sterling Johnson, Jr., Senior Judge Jack B. Weinstein no longer assigned to the case. (Bowens, Priscilla) (Entered: 04/15/2009)
04/15/2009INFORMATION as to Nichols Institute Diagnostics, Inc. (1) count(s) 1. (Guzzi, Roseann) (Entered: 04/20/2009)
04/15/2009Minute Entry for proceedings held before Senior Judge Sterling Johnson, Jr:Plea and Sentence Hearing held on 4/15/2009 Nichols Institute Diagnostics, Inc. Defendant Nichols Institute Diagnostics waives the indictment. Court accepts the waiver. The defendant corporation, through its authorized representative Jim Walden-duly sworn, enters(1) Plea of guilty to count one of a one count information. The Court accepts the plea and the defendant is adjudged guilty. The Court sentences defendant as follows: special assessment of $400.00 and a fine in the amount of forty million dollars($40,000,000.00) (Court Reporter Tony Mancuso.) (Guzzi, Roseann) Modified on 4/21/2009 to reflect fine of 40 million NOT 400,000.00 (Guzzi, Roseann). (Entered: 04/20/2009)
04/16/2009  Attorney update in case as to John Doe. Attorney Jim Walden for John Doe added. (Rodriguez, Ana) (Entered: 04/16/2009)
04/20/2009Order to Unseal Document/Amend Caption as to Nichols Institute Diagnostics, Inc. ( Ordered by Senior Judge Sterling Johnson, Jr on 4/16/2009 ) (Guzzi, Roseann) (Entered: 04/20/2009)
04/21/2009  Incorrect Case Information filed. **CORRECTION: Please note in the sentencing minute entry the fine is 40,000.000 (forty) million NOT $400,000,000. Entry will be corrected and regenerated. (Guzzi, Roseann) (Entered: 04/21/2009)
04/22/2009(Document unsealed) Letter dated 4/10/09 to Judge Johnson and Judge Weinstein Endorsed ORDER as to Nichols Institute Diagnostics, Inc. ( Ordered by Senior Judge Jack B. Weinstein on 4/14/2009 ) (Guzzi, Roseann) (Entered: 04/22/2009)
04/22/2009(UNSEALED)Letter dated 4/14/09 from AUSA Robert M. Radick to Judge Johnson as to Nichols Institute Diagnostics, Inc. (Guzzi, Roseann) (Entered: 04/22/2009)
04/24/2009JUDGMENT dated 4/22/09 as to Nichols Institute Diagnostics, Inc. (1), Count(s) 1, defendant Corporation receives fine in the amount of $40,000,000.00 and special assessment fee. ( Ordered by Senior Judge Sterling Johnson, Jr on 4/22/2009 ) (Guzzi, Roseann) (Entered: 04/24/2009)
12/09/200910 Letter Regarding Distribution of Criminal Fine Funds as to Nichols Institute Diagnostics, Inc. (Attachments: # 1 Exhibit Postal Form IS 1513) (Schaeffer, William) (Entered: 12/09/2009)
12/15/200911 First MOTION for Release of Funds by USA as to Nichols Institute Diagnostics, Inc.. (Attachments: # 1 Proposed Order Release of Funds) (Schaeffer, William) (Entered: 12/15/2009)
12/22/200912 ORDER relating to distribution of funds. re: 11 Motion for Release of Funds as to Nichols Institute Diagnostics, Inc. ( Ordered by Senior Judge Sterling Johnson, Jr on 12/15/2009 ) (Guzzi, Roseann) (Entered: 12/22/2009)
04/15/201013 NOTICE Of Related Case as to Nichols Institute Diagnostics, Inc. (Davis, Kimberly) (Entered: 04/16/2010)