PLEAREF, TERMED

U.S. District Court Northern District of Indiana [LIVE]
USDC Northern Indiana (South Bend)
CRIMINAL DOCKET FOR CASE #: 3:09-cr-00001-RLM-CAN All Defendants


Case title: United States of America v. Kroa et al
Other court case numbers: PT-021-2010-1196 Box 9 of 9 Archive Info
PT-021-2010-1196 Box 9 of 9 Archive Info

Date Filed: 01/05/2009
Date Terminated: 03/19/2009

Assigned to: Judge Robert L Miller, Jr
Referred to: Magistrate Judge Christopher A Nuechterlein

Defendant (1)
William Greg Kroa
TERMINATED: 03/19/2009
represented byMartin W Kus
Newby Lewis Kaminski & Jones LLP
916 Lincolnway
PO Box 1816
LaPorte, IN 46350-1816
219-362-1577
Fax: 219-362-2106
Email: mwkus@nlkj.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
21:331(a) ADULTERATION OR MISBRANDING OF ANY FOOD, DRUG; 21:333(a(2) VIOLATION OF SEC 331 OF THIS TITLE; 21:352(a) DEFINITIONS. FORFEITURE ALLEGATION
(1)
defendant sentenced to a term of imprisonment of 6 months on each count, to be served concurrently, to be followed by a 3 year supervised release term, with conditions
19:1343 MAIL FRAUD. FORFEITURE ALLEGATION
(2)
defendant sentenced to a term of imprisonment of 6 months on each count, to be served concurrently, to be followed by a 3 year supervised release term, with conditions

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Judge Robert L Miller, Jr
Referred to: Magistrate Judge Christopher A Nuechterlein

Defendant (2)
Nor Am Plastics Recycling Inc
TERMINATED: 03/19/2009
represented byMartin W Kus
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
21:331(a) ADULTERATION OR MISBRANDING OF ANY FOOD, DRUG; 21:333(a(2) VIOLATION OF SEC 331 OF THIS TITLE; 21:352(a) DEFINITIONS. FORFEITURE ALLEGATION
(1)
defendant to pay a $800 special assessment due immediately and to pay restutition in the sum of $32.136.88 with interested
18:1343 MAIL FRAUD. FORFEITURE ALLEGATION
(2)
defendant to pay a $800 special assessment due immediately and to pay restutition in the sum of $32.136.88 with interested

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
United States of America represented byDonald J Schmid - AUSA
US Attorney's Office - SB/IN
M01 Federal Building
204 S Main Street
South Bend, IN 46601-2191
574-236-8287
Fax: 574-236-8155
Email: donald.schmid@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
01/05/2009INFORMATION as to William Greg Kroa (1) count(s) 1, 2, Nor Am Plastics Recycling Inc (2) count(s) 1, 2. (smp) (Entered: 01/05/2009)
01/05/2009PLEA AGREEMENT as to William Greg Kroa, Nor Am Plastics Recycling Inc (Schmid - AUSA, Donald) (Entered: 01/05/2009)
01/05/2009ORDER REFERRING PLEA AGREEMENT to Magistrate Judge Magistrate Judge Christopher A Nuechterlein as to William Greg Kroa, Nor Am Plastics Recycling Inc. Signed by Judge Robert L Miller, Jr on 1/5/09. (smp) (Entered: 01/06/2009)
01/06/2009NOTICE OF HEARING regarding 3 Order Referring Plea Agreement to Magistrate Judge :. Initial Appearance /Arraignment as to William Greg Kroa, Nor Am Plastics Recycling Inc set for 1/6/2009 02:00 PM in US District Court - South Bend before Magistrate Judge Christopher A Nuechterlein. (slm) (Entered: 01/06/2009)
01/06/2009  Arrest of William Greg Kroa, Nor Am Plastics Recycling Inc (slm) (Entered: 01/06/2009)
01/06/2009INITIAL APPEARANCE/ARRAIGNMENT as to William Greg Kroa, Nor Am Plastics Recycling Inc held on 1/6/2009 before Magistrate Judge Christopher A Nuechterlein. Govt appeared by atty Donald Schmid. Dft appeared with atty Martin Kus. Dft waives Initial Appearance; Dft placed under oath; Dfts sign Consents to Rule 11 and Waiver of Indictments in Open Court; Dfts advised of penalties and trial rights; Guilty Plea entered by William Greg Kroa and as to Nor Am Plastics Recycling Inc as to all counts of the information; U S Probation to prepare presentence report; Sentencing memorandum and any motions to be filed by 3/12/2009; Sentencing set for 3/19/2009 01:00 PM in US District Court - South Bend before Judge Robert L Miller Jr. Dft released on O/R bond. (Court Reporter Joanne Hoffman.) (slm) (Entered: 01/06/2009)
01/06/2009CONSENT TO RULE 11 PLEA in a Felony Case Before United States Magistrate Judge Christopher A Nuechterlein by William Greg Kroa, United States of America. (slm) (Entered: 01/06/2009)
01/06/2009CONSENT TO RULE 11 PLEA in a Felony Case Before United States Magistrate Judge Christopher A Nuechterlein by United States of America, Nor Am Plastics Recycling Inc. (slm) (Entered: 01/06/2009)
01/06/2009WAIVER OF INDICTMENT by William Greg Kroa (slm) (Entered: 01/06/2009)
01/06/2009WAIVER OF INDICTMENT by Nor Am Plastics Recycling Inc (slm) (Entered: 01/06/2009)
01/06/200910 REPORT AND RECOMMENDATIONS on Plea of Guilty as to William Greg Kroa, Nor Am Plastics Recycling Inc Objections to R&R due by 1/26/2009. Signed by Magistrate Judge Christopher A Nuechterlein on 1/6/2009. (slm) (Entered: 01/06/2009)
01/27/200911 ORDER ADOPTING REPORT AND RECOMMENDATIONS as to William Greg Kroa, Nor Am Plastics Recycling Inc for 10 Report and Recommendations on Guilty Plea, accepting the pleas of guilty; and finds the defendants guilty of Count 1 of the Information, in violation of USC 331(a), 333(a)(2) and 352(a) and guilty of Count 2 of the Information. Signed by Judge Robert L Miller, Jr on 1/27/09. (smp) (Entered: 01/28/2009)
03/12/200912 SENTENCING MEMORANDUM by William Greg Kroa, Nor Am Plastics Recycling Inc (Kus, Martin) (Entered: 03/12/2009)
03/17/200913 ORDER informing parties of proposed conditions of supervised release as to William Greg Kroa. Signed by Judge Robert L Miller, Jr on 3/17/09. (smp) (Entered: 03/17/2009)
03/19/200914 SENTENCING hearing held on 3/19/2009 for William Greg Kroa(1) and Nor Am Plastics Recycling Inc. before Chief Judge Robert L. Miller, Jr.: parties present; the court hears arguments on the parties objections to certain paragraphs of the presentence; the court does give it's ruling in open court on the objections; defendant orally moves for a sentence outside the advisory guideline range and the government does not oppose the motion and the motion is GRANTED; the court hears from parties prior to sentence; Counts 1 and 2 as to defendant William Greg Kroa the imprisonment sentence is a term of 6 months on each counts 1 and 2 to be served concurrently, to be followed by a 3 year supervised release term, with conditions; defendant William Greg Kroa(01) to pay a $200 special assessment and defendant Nor Am Plastics Recycling to a pay a $800 special assessment, with the special assessments due immediately, to be made payable to Clerk, U.S. District Court; defendants to pay resitution, with interest in the total sum of $32,136.88 due in full immediately, to be made payable to Clerk, U.S. District, to be disbursed as follows: $28,436.38 to Bayer Helath Care LLC and $3,700.50 to eBay customers to be identified by name and amount within 2 weeks of this date; defendants to make payments at the rate of not less than $100 per month beginning 30 days after defendant William Greg Kroa is place on supervision; defendant William Greg Kroa to report in person to the designated institution to begin his execution of his sentence as notified by USM/SB not later than 9am on 4/30/09; defendant's current release status continued until 4/30/09; Govt appeared by atty Donald Schmid; Dft(s) appeared with atty Martin Kus; Lisa Wirick appeared on behalf of U S Probation. (Court Reporter D. Bonk.) (arl) (Entered: 03/25/2009)
03/19/200915 SENTENCING MEMORANDUM as to William Greg Kroa(01). Signed by Chief Judge Robert L Miller, Jr on 3/19/09. (arl) (Entered: 03/25/2009)
03/19/200916 SENTENCING MEMORANDUM as to Nor Am Plastics Recycling Inc(02). Signed by Chief Judge Robert L Miller, Jr on 3/19/09. (arl) (Entered: 03/25/2009)
03/19/200917 JUDGMENT as to William Greg Kroa(1). Signed by Chief Judge Robert L Miller, Jr on 3/19/09. (arl) (Entered: 03/25/2009)
03/19/200918 JUDGMENT as to Nor Am Plastics Recycling Inc(2). Signed by Chief Judge Robert L Miller, Jr on 3/19/09. (arl) (Entered: 03/25/2009)
04/21/200919 AMENDED JUDGMENT as to William Greg Kroa(1; correcting the restitution amount owed to Bayer HealthCare LLC. Signed by Chief Judge Robert L Miller, Jr on 4/21/09. (arl) (Entered: 04/21/2009)
04/21/200920 SECOND AMENDED JUDGMENT as to William Greg Kroa(1): correcting the restitution amount. Signed by Chief Judge Robert L Miller, Jr on 4/21/09. (arl) (Entered: 04/21/2009)