Case title: USA v. Jho |
Date Filed: 05/17/2006 Date Terminated: 06/29/2007 |
| Assigned to: Judge Thad Heartfield | ||
Defendant (2) |
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Overseas Shipholding Group Inc
TERMINATED: 06/29/2007 |
represented by | Eric J R Nichols
Beck, Redden & Secrest, LLP 515 Congress Ave Ste 1750 Austin, TX 78701 (512) 708-1000 Fax: 512-708-1002 Email: enichols@brsfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Judson W Starr Venable LLP - Washington 575 7th Street NW Washington, DC 20004 202/344-4886 Fax: 202/344-4000 Email: jwstarr@venable.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained William Bradley Coffey Beck Redden & Secrest LLP One Houston Center 1221 McKinney St, Suite 4500 Houston, TX 77010-2020 713/951-3700 Fax: 713/951-3720 Email: bcoffey@brsfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Charles Leland Hamel Hamel Bowers & Clark LLP 5300 Memorial Drive Suite 900 Houston, TX 77007 713/869-0557 Fax: 17138690677 Email: lhamel@hbctrial.com TERMINATED: 08/17/2006 |
Pending Counts |
Disposition |
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| CONSPIRACY TO DEFRAUD THE UNITED STATES (1) |
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| CONSPIRACY TO DEFRAUD THE UNITED STATES (1s) |
3 yrs probation cc, $1,600,000.00 fine, $2,400 total special assessment. AMENDED JUDGMENT 12/12/08 - correction of sentence on remand. AMENDED JUDGMENT 5/25/2010 - 1 yr, 3 mos, 25 days probation (482 total days) cc | |
| FALSE STATEMENTS TO FEDERAL AGENCY (1ss) |
3 yrs probation cc, $800,000.00 fine each count. AMENDED JUDGMENT 5/25/2010 - 1 yr, 3 mos, 25 days probation (482 total days) cc | |
| FALSE STATEMENTS TO A FEDERAL AGENCY, AID & ABET (2) |
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| FALSE STATEMENTS TO A FEDERAL AGENCY, AID & ABET (2s) |
3 yrs probation cc, $800,000.00 fine. AMENDED JUDGMENT 5/25/2010 - 1 yr, 3 mos, 25 days probation (482 total days) cc | |
| FALSE STATEMENTS TO FEDERAL AGENCY (2ss) |
3 yrs probation cc, $800,000.00 fine each count. AMENDED JUDGMENT 5/25/2010 - 1 yr, 3 mos, 25 days probation (482 total days) cc | |
| ACT TO PREVENT POLLUTION FROM SHIPS, AID & ABET (3-10) |
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| FALSE STATEMENTS TO FEDERAL AGENCY (3ss) |
3 yrs probation cc, $800,000.00 fine. AMENDED JUDGMENT 5/25/2010 - 1 yr, 3 mos 25 days probation (482 total days) cc | |
| FALSE STATEMENTS TO FEDERAL AGENCY (4ss) |
3 yrs probation cc, $500,000.00 fine. AMENDED JUDGMENT 5/25/2010 - 1 yr, 3 mos, 25 days probation (482 total days) cc | |
| ACT TO PREVENT POLLUTION FROM SHIPS, AID & ABET (5s) |
$800,000 fine, $300 special assessment. AMENDED JUDGMENT 5/25/2010 - 1 yr, 3 mos, 25 days probation (482 total days) cc | |
| ACT TO PREVENT POLLUTION FROM SHIPS, AID & ABET (8s) |
$800,000 fine, $300 special assessment. AMENDED JUDGMENT 5/25/2010 - 1 yr, 3 mos, 25 days probation (482 total days) cc | |
| ACT TO PREVENT POLLUTION FROM SHIPS, AID & ABET (10s) |
$800,000 fine, $300 special assessment. AMENDED JUDGMENT 5/25/2010 - 1 yr, 3 mos, 25 days probation (482 total days) cc | |
Highest Offense Level (Opening) |
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| Felony | ||
Terminated Counts |
Disposition |
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| FALSE STATEMENTS TO FEDERAL AGENCY (5ss-7ss) |
Dismissed on govt's motion | |
Highest Offense Level (Terminated) |
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| Felony | ||
Complaints |
Disposition |
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| None |
Plaintiff |
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| USA | represented by | John Malcolm Bales
U S Attorney's Office 415 S First St Suite 201 Lufkin, TX 75901 936/639-4003 Fax: 19366394033 Email: malcolm.bales@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Joseph Robert Batte U S Attorney's Office - Beaumont 350 Magnolia Suite 150 Beaumont, TX 77701 409/839-2538 Fax: 14098392550 Email: joe.batte@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Lana Nicole Pettus U.S. Dept of Justice-Env Crimes Sect 601 D Street Nw Washington, DC 20004 202-305-0403 Fax: 202-514-8865 Email: lana.pettus@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 07/19/2006 | 24 | SUPERSEDING INDICTMENT as to Kun Yun Jho (1) count(s) 1s, 2s, 3s-10s, Overseas Shipholding Group Inc (2) count(s) 1, 2, 3-10. (bjc, ) (Entered: 07/20/2006) |
| 07/25/2006 | 28 | NOTICE OF ATTORNEY APPEARANCE: Charles Leland Hamel appearing for Overseas Shipholding Group Inc (Attachments: # 1 Exhibit Application for Admission Pro Hac Vice of Judson W. Starr)(Hamel, Charles) (Entered: 07/25/2006) |
| 07/31/2006 | 31 | Minute Entry for proceedings held before Judge Earl S. Hines :Initial Appearance as to Overseas Shipholding Group Inc held on 7/31/2006. Cnsl appeared on behalf of the company. (Court Reporter F Laurents - Ecro.) (bjc, ) (Entered: 08/01/2006) |
| 07/31/2006 | 32 | Minute Entry for proceedings held before Judge Earl S. Hines :Arraignment as to Overseas Shipholding Group Inc (2) Count 1,2,3-10 held on 7/31/2006. Attys pled not guilty on behalf of the company to Count 1,2,3-10. (Court Reporter F Laurents - Ecro.) (bjc, ) (Entered: 08/01/2006) |
| 07/31/2006 | 33 | APPLICATION to Appear Pro Hac Vice by Attorney Judson W Starr for Overseas Shipholding Group Inc. (bjc, ) (Entered: 08/02/2006) |
| 07/31/2006 | Pro Hac Vice Filing fee paid by Judson W Starr; Fee: $25, receipt number: 1-1-2589 (bjc, ) (Entered: 08/02/2006) | |
| 08/04/2006 | 36 | RESPONSE to Motion by USA as to Kun Yun Jho, Overseas Shipholding Group Inc re 21 MOTION Motion to Submit a Jury Questionnaire (Batte, Joseph) (Entered: 08/04/2006) |
| 08/04/2006 | 37 | RESPONSE to Motion by USA as to Kun Yun Jho, Overseas Shipholding Group Inc re 19 MOTION for Extension of Time to File Additional Motions (Batte, Joseph) (Entered: 08/04/2006) |
| 08/04/2006 | 38 | RESPONSE to Motion by USA as to Kun Yun Jho, Overseas Shipholding Group Inc re 20 MOTION for production of information regarding govt witnesses pursuant to Giglio v. USA (Batte, Joseph) (Entered: 08/04/2006) |
| 08/04/2006 | 39 | RESPONSE to Motion by USA as to Kun Yun Jho, Overseas Shipholding Group Inc re 16 MOTION for Bill of Particulars (Batte, Joseph) (Entered: 08/04/2006) |
| 08/04/2006 | 40 | RESPONSE to Motion by USA as to Kun Yun Jho, Overseas Shipholding Group Inc re 22 MOTION Request for 404(b) Notice (Attachments: # 1 Exhibit)(Batte, Joseph) (Entered: 08/04/2006) |
| 08/04/2006 | 41 | RESPONSE to Motion by USA as to Kun Yun Jho, Overseas Shipholding Group Inc re 18 MOTION to Dismiss (Attachments: # 1 Supplement second half of response)(Batte, Joseph) (Entered: 08/04/2006) |
| 08/16/2006 | 43 | MOTION to Substitute Attorney Eric J.R. Nichols by Overseas Shipholding Group Inc. (Attachments: # 1 Text of Proposed Order Proposed Order)(Nichols, Eric) (Entered: 08/16/2006) |
| 08/16/2006 | 46 | SECOND SUPERSEDING INDICTMENT as to Kun Yun Jho (1) count(s) 1ss, 2ss, 3ss-10ss, Overseas Shipholding Group Inc (2) count(s) 1s, 2s, 3s-10s. (bjc, ) (Entered: 08/17/2006) |
| 08/16/2006 | 52 | E-GOV SEALED Form AO 257 filed as to Overseas Shipholding Group Inc (bjc, ) (Entered: 08/21/2006) |
| 08/17/2006 | 45 | ORDER granting 43 Motion to Substitute Attorney. Eric Nichols and William Bradley Coffey for Overseas Shipholding Group Inc replacing Charles Leland Hamel as to Overseas Shipholding Group Inc (2). Signed by Judge Thad Heartfield on 8/17/06. (pkb, ) (Entered: 08/17/2006) |
| 08/21/2006 | 54 | E-GOV SEALED Summons Issued and handed to USM for service as to Overseas Shipholding Group Inc (bjc, ) (Entered: 08/21/2006) |
| 08/21/2006 | Set/Reset Hearings as to Kun Yun Jho, Overseas Shipholding Group Inc: Arraignment on 2nd superseding indictment set for 8/30/2006 02:30 PM in Ctrm 5 (Beaumont) before Magistrate Judge Keith F. Giblin. (bjc, ) (Entered: 08/21/2006) | |
| 08/24/2006 | 55 | ORDER - PRETRIAL DISCOVERY & INSPECTION as to Overseas Shipholding Group Inc . Signed by Judge Earl S. Hines on 8/24/06. (bjc, ) (Entered: 08/25/2006) |
| 08/24/2006 | 56 | ORDER as to Overseas Shipholding Group Inc Jury Selection and Jury Trial set for 10/16/2006 09:00 AM in Ctrm 1 (Beaumont) before Judge Thad Heartfield. Signed by Judge Earl S. Hines on 8/24/06. (bjc, ) (Entered: 08/25/2006) |
| 08/25/2006 | 57 | WAIVER of Personal Appearance at Arraignment and Entry of Plea of Not Guilty by Overseas Shipholding Group Inc (bjc, ) (Entered: 08/25/2006) |
| 08/29/2006 | 59 | MOTION to Dismiss Second Superseding Indictment by Overseas Shipholding Group Inc. (Attachments: # 2 Exhibit 2)(Nichols, Eric) Additional attachment(s) added on 8/29/2006 (bjc, ). (Entered: 08/29/2006) |
| 08/29/2006 | 60 | NOTICE OF HEARING ON MOTION in case as to Kun Yun Jho, Overseas Shipholding Group Inc Motion Hearing set for 9/14/2006 09:00 AM in Ctrm 1 (Beaumont) before Judge Thad Heartfield. (mfr, ) (Entered: 08/29/2006) |
| 08/30/2006 | 62 | MOTION to Suppress Evidence Seized and Derived from September 15, 2005 Pretext Search by Overseas Shipholding Group Inc. (Attachments: # 2 Text of Proposed Order Proposed Order)(Nichols, Eric) (Entered: 08/30/2006) |
| 08/30/2006 | 69 | E-GOV SEALED Summons Returned Executed by certified mail on 8/24/06 as to Overseas Shipholding Group Inc (bjc, ) (Entered: 08/31/2006) |
| 09/07/2006 | 70 | ORDER REFERRING MOTION as to Kun Yun Jho, Overseas Shipholding Group Inc 23 MOTION For Preservation of Rough Notes filed by Kun Yun Jho, 22 MOTION Request for 404(b) Notice filed by Kun Yun Jho, 17 MOTION for Release of Brady Materials filed by Kun Yun Jho, 16 MOTION for Bill of Particulars filed by Kun Yun Jho, 65 MOTION to Adopt Motions of Codefendant filed by Kun Yun Jho, 20 MOTION for production of information regarding govt witnesses pursuant to Giglio v. USA filed by Kun Yun Jho, 66 MOTION for Discovery 17(c) Subpoena filed by Kun Yun Jho, 63 Supplemental MOTION to Dismiss filed by Kun Yun Jho, 13 MOTION for Discovery filed by Kun Yun Jho, 21 MOTION Motion to Submit a Jury Questionnaire filed by Kun Yun Jho, 62 MOTION to Suppress Evidence Seized and Derived from September 15, 2005 Pretext Search filed by Overseas Shipholding Group Inc,, 67 MOTION for hearing on Government's proposed expert witness filed by Kun Yun Jho, Motion Hearing set for 9/21/2006 09:30 AM in Ctrm 5 (Beaumont) before Magistrate Judge Keith F. Giblin.. Signed by Judge Thad Heartfield on 9/7/06. (bjc, ) (Entered: 09/07/2006) |
| 09/07/2006 | Terminate Hearings as to Kun Yun Jho, Overseas Shipholding Group Inc: (bjc, ) (Entered: 09/07/2006) | |
| 09/07/2006 | 71 | NOTICE OF HEARING ON PENDING MOTIONS in case as to Kun Yun Jho and Overseas Shipholding Group Inc Pending Motion Hearing set for 9/21/2006 09:30 AM in Ctrm 5 (Beaumont) before Magistrate Judge Keith F. Giblin. (jmv, ) (Entered: 09/07/2006) |
| 09/08/2006 | 72 | RESPONSE to Motion by USA as to Kun Yun Jho, Overseas Shipholding Group Inc re 17 MOTION for Release of Brady Materials (Batte, Joseph) (Entered: 09/08/2006) |
| 09/11/2006 | 75 | MOTION Leave to File Out of Time Responses by USA as to Kun Yun Jho, Overseas Shipholding Group Inc. (Attachments: # 1 Text of Proposed Order)(Bales, John) (Entered: 09/11/2006) |
| 09/11/2006 | 76 | **Filed in error. Linked to wrong document. Please see 62 MOTION to Suppress Evidence Seized and Derived from September 15, 2005 Pretext Search (Bales, John) Modified on 9/12/2006 (kjr, ). (Entered: 09/11/2006) |
| 09/11/2006 | 77 | RESPONSE in Opposition by USA as to Kun Yun Jho, Overseas Shipholding Group Inc re 59 MOTION to Dismiss Second Superseding Indictment (Bales, John) (Entered: 09/11/2006) |
| 09/11/2006 | 78 | RESPONSE in Opposition by USA as to Kun Yun Jho, Overseas Shipholding Group Inc re 66 MOTION for Discovery 17(c) Subpoena (Bales, John) (Entered: 09/11/2006) |
| 09/11/2006 | 79 | RESPONSE in Opposition by USA as to Kun Yun Jho, Overseas Shipholding Group Inc re 62 MOTION to Suppress Evidence Seized and Derived from September 15, 2005 Pretext Search (Bales, John) (Entered: 09/11/2006) |
| 09/12/2006 | ***Filed in error. Document # 78 Response for correction. *** (kjr, ) (Entered: 09/12/2006) | |
| 09/13/2006 | 80 | RESPONSE to Motion by Overseas Shipholding Group Inc re 75 MOTION For Leave to File Out of Time Response (Nichols, Eric) (Entered: 09/13/2006) |
| 09/15/2006 | 81 | NOTICE OF HEARING as to Kun Yun Jho, Overseas Shipholding Group Inc Jury Selection and Trial set for 10/30/2006 09:00 AM in Ctrm 1 (Beaumont) before Judge Thad Heartfield. (mfr, ) (Entered: 09/15/2006) |
| 09/18/2006 | 82 | REPLY by Overseas Shipholding Group Inc to response re 59 MOTION to Dismiss Second Superseding Indictment (Nichols, Eric) Modified on 9/19/2006 (bjc, ). (Entered: 09/18/2006) |
| 09/18/2006 | 83 | REPLY by Overseas Shipholding Group Inc to response re 62 MOTION to Suppress Evidence Seized and Derived from September 15, 2005 Pretext Search (Nichols, Eric) Modified on 9/19/2006 (bjc, ). (Entered: 09/18/2006) |
| 09/21/2006 | 85 | Minute Entry for Motion Hearing proceedings held before Judge Keith F. Giblin as to Kun Yun Jho, Overseas Shipholding Group Inc held on 9/21/2006 re 63 Supplemental MOTION to Dismiss filed by Kun Yun Jho,, 62 MOTION to Suppress Evidence Seized and Derived from September 15, 2005 Pretext Search filed by Overseas Shipholding Group Inc, (Court Reporter Frank McMillan) (ksd ) (Entered: 09/28/2006) |
| 09/21/2006 | 86 | WITNESS LIST by USA as to Kun Yun Jho, Overseas Shipholding Group Inc (ksd ) (Entered: 09/28/2006) |
| 09/21/2006 | 87 | WITNESS LIST as to the Motion to Suppress by Overseas Shipholding Group Inc as to Kun Yun Jho (ksd) (Entered: 09/28/2006) |
| 09/21/2006 | 88 | EXHIBIT LIST by USA as to Kun Yun Jho, Overseas Shipholding Group Inc (ksd ) (Entered: 09/28/2006) |
| 09/21/2006 | 89 | EXHIBIT LIST by Overseas Shipholding Group Inc (ksd ) (Entered: 09/28/2006) |
| 10/03/2006 | 91 | ORDER granting 75 Motion for leave to file an out of time response and extension of time to respond to dfts' motions as to Kun Yun Jho (1), Overseas Shipholding Group Inc (2). The Govt's responses filed on 9/11/06, to dft OSG's motion to suppress and motion to dismiss are deemed timely filed. Signed by Judge Keith F. Giblin on 10/3/06. (bjc, ) (Entered: 10/03/2006) |
| 10/04/2006 | 97 | REPORT AND RECOMMENDATIONS as to Overseas Shipholding Group Inc recommending the District Court deny 62 MOTION to Suppress Evidence Seized and Derived from September 15, 2005 Pretext Search . Signed by Judge Keith F. Giblin on 10/4/06. (bjc, ) (Entered: 10/05/2006) |
| 10/16/2006 | 99 | NOTICE OF HEARING as to Kun Yun Jho, Overseas Shipholding Group Inc Jury Selection RE-set for 12/11/2006 09:00 AM in Ctrm 1 (Beaumont) before Judge Thad Heartfield. Jury Trial RE-set for 12/11/2006 09:00 AM in Ctrm 1 (Beaumont) before Judge Thad Heartfield. (mfr, ) (Entered: 10/16/2006) |
| 10/17/2006 | ***FILED IN ERROR. Document # 99, Notice of Hearing. PLEASE IGNORE.*** (mfr, ) (Entered: 10/17/2006) | |
| 10/19/2006 | 100 | OBJECTION by Overseas Shipholding Group Inc to 1 Exhibit Attachment)(Nichols, Eric) Modified on 10/19/2006 (tkd, ). (Entered: 10/19/2006) |
| 10/19/2006 | 101 | ***VACATED BY 10/20/06 ORDER, DOCUMENT # 102*** MEMORANDUM ORDER ADOPTING 62 Motion to Suppress filed by Overseas Shipholding Group Inc. The court orders that the motion to suppress is denied. Signed by Judge Thad Heartfield on 10/16/06. (fbc, ) Modified on 10/20/2006 (pkb, ). (Entered: 10/19/2006) |
| 10/19/2006 | 102 | ORDER VACATING 101 Order Adopting Report and Recommendations entered 10/19/06. Signed by Judge Thad Heartfield on 10/19/06. (pkb, ) (Entered: 10/20/2006) |
| 10/20/2006 | 103 | First MOTION to Continue Trial Setting by Overseas Shipholding Group Inc. (Attachments: # 1 Text of Proposed Order proposed Order)(Nichols, Eric) (Entered: 10/20/2006) |
| 10/23/2006 | 104 | ORDER TO CONTINUE - Ends of Justice as to Kun Yun Jho and Overseas Shipholding Group Inc. Time excluded from 10/20/06 until 11/30/06. This order grants 103 MOTION to Continue. Pretrial Conference reset for 11/30/2006 at 9:00 AM. Trial is reset for 12/11/2006. Signed by Judge Thad Heartfield on 10/23/06. (tkd, ) (Entered: 10/24/2006) |
| 10/25/2006 | 105 | NOTICE OF HEARING as to Kun Yun Jho, Overseas Shipholding Group Inc Pretrial Conference set for 11/30/2006 09:00 AM in Ctrm 1 (Beaumont) before Judge Thad Heartfield. (mfr, ) (Entered: 10/25/2006) |
| 10/25/2006 | 106 | NOTICE OF HEARING as to Kun Yun Jho, Overseas Shipholding Group Inc Jury Selection RE-set for 12/11/2006 09:00 AM in Ctrm 1 (Beaumont) before Judge Thad Heartfield. Jury Trial RE-set for 12/11/2006 09:00 AM in Ctrm 1 (Beaumont) before Judge Thad Heartfield. (mfr, ) (Entered: 10/25/2006) |
| 11/13/2006 | 109 | REPORT AND RECOMMENDATIONS recommending that the District Court deny dft Overseas Shipholding Group Inc's 59 MOTION to Dismiss Second Superseding Indictment . Signed by Judge Keith F. Giblin on 11/13/06. (bjc, ) (Entered: 11/14/2006) |
| 11/14/2006 | 110 | NOTICE OF HEARING as to Kun Yun Jho, Overseas Shipholding Group Inc HEARING ON OBJECTIONS set for 11/21/2006 10:00 AM in Ctrm 1 (Beaumont) before Judge Thad Heartfield. (mfr, ) (Entered: 11/14/2006) |
| 11/14/2006 | 111 | PRE-TRIAL SCHEDULING ORDER as to Kun Yun Jho, Overseas Shipholding Group Inc. Govt and defense motions in limine due 11/22/06. Proposed jury instructions and verdict form due 11/29/06. Responses to motions in limine due 11/27/06. Signed by Judge Thad Heartfield on 11/14/06. (bjc, ) (Entered: 11/15/2006) |
| 11/14/2006 | 112 | ORDER as to Kun Yun Jho, Overseas Shipholding Group Inc setting hearing on objections to pending reports and recommendations for 11/21/06 at 10:00 a.m.. Signed by Judge Thad Heartfield on 11/14/06. (bjc, ) (Entered: 11/15/2006) |
| 11/17/2006 | 113 | TRIAL BRIEF by USA as to Kun Yun Jho, Overseas Shipholding Group Inc (Bales, John) (Entered: 11/17/2006) |
| 11/17/2006 | 114 | MOTION in Limine by USA as to Kun Yun Jho, Overseas Shipholding Group Inc. (Bales, John) (Entered: 11/17/2006) |
| 11/17/2006 | 115 | RESPONSE in Opposition by USA as to Kun Yun Jho, Overseas Shipholding Group Inc re 107 MOTION to Compel (Bales, John) (Entered: 11/17/2006) |
| 11/20/2006 | 116 | Amended ORDER as to Kun Yun Jho, Overseas Shipholding Group Inc setting hearing on any objections to pending reports and recommendations for 11/21/06 . Signed by Judge Thad Heartfield on 11/20/06. (bjc, ) (Entered: 11/20/2006) |
| 11/20/2006 | 118 | OBJECTION TO REPORT AND RECOMMENDATIONS 109 by Overseas Shipholding Group Inc (Nichols, Eric) (Entered: 11/20/2006) |
| 11/20/2006 | 120 | AMENDED ORDER as to Kun Yun Jho, Overseas Shipholding Group Inc setting hrg on objections. A hrg on OSG's objections to the pending reports and recommendations is hereby set for 11/21/06 at 10:00 a.m. and 1:30 p.m. A hrg on Jho's objections to the report and recommendation on dft Jho's motion to dismiss 108 is hereby set for 11/28/06 at 1:30 p.m. . Signed by Judge Thad Heartfield on 11/20/06. (bjc, ) (Entered: 11/21/2006) |
| 11/21/2006 | 138 | Minute Entry for proceedings held before Judge Thad Heartfield :Objections to Report and recommendation hearing as to Overseas Shipholding Group Inc held on 11/21/2006. (Court Reporter Frank McMillan.) (bjc, ) (Entered: 11/30/2006) |
| 11/22/2006 | 121 | ***TWO PART DOCUMENT. SEE ALSO DOCUMENT #124.*** MOTION in Limine by Overseas Shipholding Group Inc. (Nichols, Eric) Modified on 11/22/2006 (bjc, ). Additional attachment(s) added on 11/22/2006 (bjc, ). (Entered: 11/22/2006) |
| 11/22/2006 | 124 | ***TWO PART DOC. SEE ALSO DOC# 121.*** MOTION To Redact Portions of Indictment by Overseas Shipholding Group Inc. (Nichols, Eric) Modified on 11/22/2006 (bjc, ). Additional attachment(s) added on 11/22/2006 (bjc, ). (Entered: 11/22/2006) |
| 11/27/2006 | 125 | RESPONSE to Motion by Overseas Shipholding Group Inc re 114 MOTION in Limine of Government (Nichols, Eric) (Entered: 11/27/2006) |
| 11/27/2006 | 126 | NOTICE of Objections to Government's Exhibit List by Overseas Shipholding Group Inc (Nichols, Eric) (Entered: 11/27/2006) |
| 11/27/2006 | 131 | ***TWO PART DOC. SEE ALSO DOC# 134.*** RESPONSE to Motion by USA as to Overseas Shipholding Group Inc re 121 MOTION in Limine (Bales, John) Modified on 11/28/2006 (bjc, ). (Entered: 11/27/2006) |
| 11/28/2006 | 134 | ***TWO PART DOC. SEE ALSO DOC# 131.*** Second MOTION in Limine by USA as to Overseas Shipholding Group Inc. (Attachments: # 1 Text of Proposed Order)(Bales, John) Modified on 11/28/2006 (bjc, ). (Entered: 11/28/2006) |
| 11/29/2006 | 137 | Proposed Jury Instructions by USA as to Kun Yun Jho, Overseas Shipholding Group Inc (Bales, John) (Entered: 11/29/2006) |
| 12/01/2006 | 140 | ORDER as to Kun Yun Jho and Overseas Shipholding Group Inc setting a second Pretrial Conference for 12/7/2006 at 1:30 PM. Signed by Judge Thad Heartfield on 12/1/06. (tkd, ) (Entered: 12/01/2006) |
| 12/01/2006 | 141 | NOTICE OF HEARING as to Kun Yun Jho, Overseas Shipholding Group Inc Final Pretrial Conference set for 12/7/2006 01:30 PM in Ctrm 1 (Beaumont) before Judge Thad Heartfield. (mfr, ) (Entered: 12/01/2006) |
| 12/04/2006 | 142 | WITNESS LIST by USA as to Kun Yun Jho, Overseas Shipholding Group Inc (Bales, John) (Entered: 12/04/2006) |
| 12/04/2006 | 143 | MEMORANDUM OPINION AND ORDER ADOPTING REPORTS AND RECOMMENDATIONS AS MODIFIED HEREIN AND PARTIALLY GRANTIING DEFENDANTS' MOTIONS TO DISMISS. It is further ordered that the defendants' motions to dismiss # 18 , 59 & 63 are granted to the extent they seek dismissal of Counts 3 through 10 alleging violation of 33 CFR 151.25 and the portion of Count 1 alleging that defendants conspired to violate 33CFR 151.25. Signed by Judge Thad Heartfield on 12/4/06. (mrp, ) (Entered: 12/04/2006) |
| 12/04/2006 | DISMISSAL OF COUNTS 3 through 10 of the second superseding indictment on Motion of Kun Yun Jho, Overseas Shipholding Group Inc. (bjc, ) (Entered: 12/06/2006) | |
| 12/05/2006 | 148 | ORDER directing counsel for the govt to electronically file an amended exhibit list no later than 12:00 pm on 12/6/2006 as to Kun Yun Jho, Overseas Shipholding Group Inc. Signed by Judge Thad Heartfield on 12/5/06. (tkd, ) (Entered: 12/05/2006) |
| 12/05/2006 | 149 | ORDER as to Overseas Shipholding Group Inc adopting 62 MOTION to Suppress Evidence Seized and Derived from September 15, 2005 Pretext Search. Signed by Judge Thad Heartfield on 12/5/06. (tkd, ) (Entered: 12/05/2006) |
| 12/05/2006 | 150 | MOTION Unopposed Motion for Stay of Trial by USA as to Kun Yun Jho, Overseas Shipholding Group Inc. (Attachments: # 1 Text of Proposed Order)(Bales, John) (Entered: 12/05/2006) |
| 12/05/2006 | 151 | ***FILED IN WRONG CATEGORY. PLEASE IGNORE.*** NOTICE of Appeal by USA as to Kun Yun Jho, Overseas Shipholding Group Inc (Bales, John) Modified on 12/6/2006 (bjc, ). (Entered: 12/05/2006) |
| 12/05/2006 | ***FILED IN ERROR. Document # 151, notice of appeal. Filed in wrong category. PLEASE IGNORE.*** (bjc, ) (Entered: 12/06/2006) | |
| 12/06/2006 | 152 | NOTICE OF APPEAL (Interlocutory) by USA as to Kun Yun Jho, Overseas Shipholding Group Inc (Bales, John) (Entered: 12/06/2006) |
| 12/06/2006 | 154 | EXHIBIT LIST by USA as to Kun Yun Jho, Overseas Shipholding Group Inc (Bales, John) (Entered: 12/06/2006) |
| 12/06/2006 | 155 | Proposed Jury Instructions by USA as to Kun Yun Jho, Overseas Shipholding Group Inc (Bales, John) (Entered: 12/06/2006) |
| 12/06/2006 | 156 | RESPONSE to Motion by USA as to Kun Yun Jho re 153 MOTION to Modify Conditions of Release (Attachments: # 1 Letter of Attachment)(Bales, John) (Entered: 12/06/2006) |
| 12/06/2006 | 157 | ORDER as to Kun Yun Jho, Overseas Shipholding Group Inc canceling pretrial conference and setting status conference. Status Conference set for 12/7/2006 01:30 PM in Ctrm 1 (Beaumont) before Judge Thad Heartfield. Signed by Judge Thad Heartfield on 12/6/06. (bjc, ) (Entered: 12/06/2006) |
| 12/18/2006 | 163 | PLEA AGREEMENT as to Overseas Shipholding Group Inc (Attachments: # 2 Compliance Plan 2 of 2)(Batte, Joseph) Modified on 12/18/2006 (tkd, ). (Entered: 12/18/2006) |
| 12/18/2006 | 164 | Factual Resume by USA as to Overseas Shipholding Group Inc. (Batte, Joseph) Modified on 12/18/2006 (tkd, ). (Entered: 12/18/2006) |
| 12/19/2006 | 170 | MOTION to Unseal Document Plea Agreement and Factual Basis by USA as to Overseas Shipholding Group Inc. (Attachments: # 1 Text of Proposed Order)(Batte, Joseph) (Entered: 12/19/2006) |
| 12/20/2006 | 171 | ORDER granting 170 Motion to Unseal plea agreement and factual basis as to Overseas Shipholding Group Inc (2). Signed by Judge Thad Heartfield on 12/20/06. (bjc, ) (Entered: 12/20/2006) |
| 12/20/2006 | 172 | INFORMATION as to Overseas Shipholding Group Inc (2) count(s) 1ss-7ss. (bjc, ) (Entered: 12/21/2006) |
| 12/27/2006 | 173 | NOTICE OF HEARING as to Overseas Shipholding Group Inc Plea Agreement Hearing set for 1/18/2007 02:30 PM in Ctrm 1 (Beaumont) before Judge Thad Heartfield. (mfr, ) (Entered: 12/27/2006) |
| 01/08/2007 | 174 | NOTICE OF HEARING as to Overseas Shipholding Group Inc Plea Agreement Hearing RE-set for 1/23/2007 10:00 AM in Ctrm 1 (Beaumont) before Judge Thad Heartfield. (mfr, ) (Entered: 01/08/2007) |
| 01/18/2007 | 175 | TRANSCRIPT of hearing on dft OSG's Objections to R&R regarding the motion to suppress filed as to Kun Yun Jho, Overseas Shipholding Group Inc for dates of 11/21/06 before Judge Thad Heartfield, re 152 Notice of Appeal - Interlocutory Court Reporter: C. Frank McMillan. (pkb, ) (Entered: 01/18/2007) |
| 01/22/2007 | 177 | NOTICE OF HEARING as to Overseas Shipholding Group Inc Initial Appearance set for 1/23/2007 09:30 AM in Ctrm 4 (Beaumont) before Magistrate Judge Earl S. Hines. (ttp, ) (Entered: 01/22/2007) |
| 01/23/2007 | 179 | Minute Entry for proceedings held before Judge Thad Heartfield :Plea Hearing as to Overseas Shipholding Group Inc held on 1/23/2007. Plea entered by Overseas Shipholding Group Inc (2) Guilty Count 1s, 2s of the 2nd superseding indictment,1ss-4ss of the information. (Court Reporter Frank McMillan.) (bjc, ) (Entered: 01/25/2007) |
| 01/23/2007 | 180 | WAIVER OF INDICTMENT by Overseas Shipholding Group Inc (bjc, ) (Entered: 01/25/2007) |
| 01/23/2007 | 181 | PLEA AGREEMENT as to Overseas Shipholding Group Inc (Attachments: # 2 exhibit B to plea agreement)(bjc, ) (Entered: 01/25/2007) |
| 01/23/2007 | 182 | Minute Entry for proceedings held before Judge Earl S. Hines :Arraignment as to Overseas Shipholding Group Inc (2) Count 1ss-2ss,3ss-4ss,5ss-7ss held on 1/23/2007. Captain Robert Edward Johnston enters a plea of not guilty to count 1ss-2ss,3ss-4ss,5ss-7ss on behalf of Overseas Shipholding Group Inc. (Court Reporter F Laurents - Ecro.) (bjc, ) (Entered: 01/25/2007) |
| 01/23/2007 | 183 | Certificate of the general counsel and secretary of Overseas Shipholding Group Inc as to Overseas Shipholding Group Inc. (bjc, ) (Entered: 01/25/2007) |
| 01/23/2007 | 184 | EXHIBIT LIST by Overseas Shipholding Group Inc (bjc, ) (Entered: 02/01/2007) |
| 01/24/2007 | 178 | TRANSCRIPT REQUEST for 11/28/06 hearing on objections, 11/21/06 hearing on dft's objections to report and recommendations, 11/30/06 hearing on pretrial motions all held before Judge Thad Heartfield; 9/21/06 hearing on motion to suppress and 9/21/06 hearing on motion to dismiss both held before Judge Keith Giblin filed by USA as to Kun Yun Jho, Overseas Shipholding Group Inc., re 152 Notice of Appeal - Interlocutory. (pkb, ) (Entered: 01/24/2007) |
| 03/06/2007 | 186 | Request for record on appeal by USA as to Kun Yun Jho, Overseas Shipholding Group Inc (pkb, ) (Entered: 03/07/2007) |
| 03/07/2007 | NOTICE of certification of record on appeal provided to 5th Circuit Court of Appeals in re: Kun Yun Jho, Overseas Shipholding Group Inc (pkb, ) (Entered: 03/07/2007) | |
| 03/08/2007 | NOTICE of release of record on appeal to atty Joe Batte re: Kun Yun Jho, Overseas Shipholding Group Inc. 6 vols record, 5 vols transcript and 1 folder exhibits. (pkb, ) Modified on 5/3/2007 (pkb, ). (Entered: 03/08/2007) | |
| 03/20/2007 | 187 | ORDER cancelling the sentencing hearing scheduled for 3/26/07 as to Overseas Shipholding Group, Inc., to extend time for the PSR to be completed. The court will reschedule the sentencing hearing at a later date. Signed by Judge Thad Heartfield on 3/20/07. (mrp, ) (Entered: 03/20/2007) |
| 04/11/2007 | 188 | Supplemental MOTION for Discovery Pursuant to Giglio v. US Requesting Production of Information Regarding Government Witnesses by Kun Yun Jho as to Kun Yun Jho, Overseas Shipholding Group Inc. (Attachments: # 3 Text of Proposed Order)(Kiehnhoff, Thomas) (Entered: 04/11/2007) |
| 04/16/2007 | 189 | Supplemental MOTION for Discovery by Kun Yun Jho as to Kun Yun Jho, Overseas Shipholding Group Inc. (Attachments: # 2 Text of Proposed Order)(Kiehnhoff, Thomas) (Entered: 04/16/2007) |
| 04/16/2007 | 190 | NOTICE of request for appellate record by Overseas Shipholding Group Inc (pkb, ) (Entered: 04/18/2007) |
| 04/19/2007 | 192 | REPLY TO RESPONSE to Motion by Kun Yun Jho as to Kun Yun Jho, Overseas Shipholding Group Inc re 189 MOTION for Discovery During Stay of Proceeding (Kiehnhoff, Thomas) (Entered: 04/19/2007) |
| 05/10/2007 | 194 | NOTICE OF HEARING as to Overseas Shipholding Group Inc Sentencing set for 5/17/2007 10:00 AM in Ctrm 1 (Beaumont) before Judge Thad Heartfield. (mfr, ) (Entered: 05/10/2007) |
| 05/10/2007 | 195 | NOTICE OF HEARING as to Overseas Shipholding Group Inc Sentencing RE-set for 6/7/2007 10:00 AM in Ctrm 1 (Beaumont) before Judge Thad Heartfield. (mfr, ) (Entered: 05/10/2007) |
| 05/11/2007 | 196 | NOTICE OF HEARING as to Overseas Shipholding Group Inc Sentencing RE-set for 5/22/2007 10:00 AM in Ctrm 1 (Beaumont) before Judge Thad Heartfield. (mfr, ) (Entered: 05/11/2007) |
| 05/16/2007 | 197 | NOTICE OF HEARING as to Overseas Shipholding Group Inc Sentencing RE-set for 6/19/2007 02:00 PM in Ctrm 1 (Beaumont) before Judge Thad Heartfield. (mfr, ) (Entered: 05/16/2007) |
| 06/01/2007 | 198 | NOTICE OF HEARING as to Overseas Shipholding Group Inc Sentencing RE-set for 6/20/2007 02:00 PM in Ctrm 1 (Beaumont) before Judge Thad Heartfield. (mfr, ) (Entered: 06/01/2007) |
| 06/20/2007 | 199 | ORDERED that pursuant to paragraphs 7(F)(1), 7(F)(2) and 7(F)(4) of the Plea Agreement, dft OSG shall make a lump-sum payment of $8,302,400.00 to the Clerk of the Court of the ED/TX via wire transfer on or before the close of business on Thursday, June 21, 2007. The $8,302,400.00 lump-sum payment represents and includes the following criminal fines and assessments: (a) A total criminal fine in the amt of $2,400.000.00 for the 2 counts in the 2nd superseding indictment, (b) A total criminal fine in the amt of $2,900,000.00 for the 4 counts in the information; (c) A total mandatory assessment of $2,400.00; and (d) A $3,000,000.00 escrow payment that shall be placed in an interest bearing acct by the Clerk of the Ct for the ED/TX. Ordered that dft OSG shall make a total community service payment of $1,700,000.00 to be distributed as follows: (a) A payment of $1,160,000.00 to the National Park Foundation via wire transfer on or before the close of the business on Thursday, June 21, 2007. (b)A payment of $540,000.00 to the National Fish and Wildlife Foundation via wire transfer on or before the close of business on Thursday, June 21, 2007. . Signed by Judge Thad Heartfield on 6/20/07. (bjc, ) (Entered: 06/20/2007) |
| 06/20/2007 | 200 | Minute Entry for proceedings held before Judge Thad Heartfield :Sentencing held on 6/20/2007 for Overseas Shipholding Group Inc (2), Count(s) 1s, 3 yrs probation cc, $1,600,000.00 fine, $2,400 total special assessment; Count(s) 1ss-2ss, 3 yrs probation cc, $800,000.00 fine each count; Count(s) 2s, 3 yrs probation cc, $800,000.00 fine; Counts(s) 3ss, 3 yrs probation cc, $800,000.00 fine; Count(s) 4ss, 3 yrs probation cc, $500,000.00 fine. (Court Reporter Frank McMillan.) (bjc, ) (Entered: 06/26/2007) |
| 06/20/2007 | 202 | SEALED PRESENTENCE INVESTIGATION REPORT (Sealed) as to Overseas Shipholding Group Inc (mfr, ) (Entered: 06/28/2007) |
| 06/20/2007 | 203 | SEALED PSI - SENTENCING RECOMMENDATION as to Overseas Shipholding Group Inc (mfr, ) (Entered: 06/28/2007) |
| 06/21/2007 | SPECIAL ASSESSMENT PAID in full on 06/21/07 by Overseas Shipholding Group Inc. Receipt #Wire Transfer. FINE PAID in full on 06/21/07 by Overseas Shipholding Group, Inc. Receipt #Wire Transfer. ESCRPW PAYMENT PAID in full on 06/32/07 by Overseas Shipholding Group, Inc., Receipt #Wire Transfer. (bsp) (Entered: 02/05/2008) | |
| 06/26/2007 | 201 | ORDERED that the oral motion to stay all claims against both dfts in criminal action number 1:06cr65 pending disposition of the interlocutory appeal is hereby granted as to Kun Yun Jho, Overseas Shipholding Group Inc. Ordered that this action is STAYED until such time as the issues raied on interlocutory appeal have been resolved. Signed by Judge Thad Heartfield on 6/26/07. (bjc, ) (Entered: 06/27/2007) |
| 06/29/2007 | 204 | JUDGMENT as to Overseas Shipholding Group Inc (2), Count(s) 1s, 3 yrs probation cc, $1,600,000.00 fine, $2,400 total special assessment; Count(s) 1ss-2ss, 3 yrs probation cc, $800,000.00 fine each count; Count(s) 2s, 3ss, 3 yrs probation cc, $800,000.00 fine; Count(s) 3s-10s, Dismissed on dfts' motion.; Count(s) 4ss, 3 yrs probation cc, $500,000.00 fine, Overseas Shipholding Group Inc terminated. . Signed by Judge Thad Heartfield on 6/29/07. (bjc, ) (Entered: 06/29/2007) |
| 06/29/2007 | 205 | SEALED Statement of Reasons re 204 Judgment. (bjc, ) (Entered: 06/29/2007) |
| 10/05/2007 | Transmitted Supplemental Record on Appeal as to Kun Yun Jho, Overseas Shipholding Group Inc re 152 Notice of Appeal - Interlocutory. 3 Sealed envelopes (pkb, ) (Entered: 10/05/2007) | |
| 10/26/2007 | 208 | ACKNOWLEDGEMENT OF RECEIPT of supplemental record on appeal by 5th Circuit Court of Appeals. (pkb, ) (Entered: 10/26/2007) |
| 07/29/2008 | 211 | Appeal Record Returned consisting of 5 volumes of transcripts, 1 folder of exhibits and 3 sealed envelopes as to Kun Yun Jho, Overseas Shipholding Group Inc: 152 Notice of Appeal. (dlc, ) (Entered: 08/01/2008) |
| 07/31/2008 | 210 | JUDGMENT of USCA (certified copy) reversing the Judgment of the District Court as to Kun Yun Jho, Overseas Shipholding Group Inc re 152 Notice of Appeal. The case is remanded to the District Court for further proceedings in accordance with the opinion of this court. Attchments: #(1) USCA Cover Sheet, #(2) USCA Opinion)(dlc, ) (Entered: 07/31/2008) |
| 09/10/2008 | 213 | Joint MOTION to Continue Trial Date by USA as to Kun Yun Jho, Overseas Shipholding Group Inc. (Attachments: # 1 Text of Proposed Order)(Bales, John) (Entered: 09/10/2008) |
| 09/15/2008 | Set Hearings as to Kun Yun Jho, Overseas Shipholding Group Inc: Trial set for 1/5/2009 before Judge Thad Heartfield. (kls, ) (Entered: 09/15/2008) | |
| 10/02/2008 | 215 | NOTICE OF HEARING as to Overseas Shipholding Group Inc Change of Plea Hearing AND Sentencing set for 11/12/2008 02:00 PM in Ctrm 1 (Beaumont) before Judge Thad Heartfield. (jmv, ) (Entered: 10/02/2008) |
| 11/04/2008 | 216 | NOTICE OF HEARING as to Overseas Shipholding Group Inc Change of Plea Hearing and Re-Sentencing RESET for 11/24/2008 01:30 PM in Ctrm 1 (Beaumont) before Judge Thad Heartfield. (jmv, ) (Entered: 11/04/2008) |
| 11/24/2008 | 217 | Minute Entry for proceedings held before Judge Thad Heartfield: RE-PLEA HEARING held on 11/24/2008. Plea entered by Overseas Shipholding Group Inc (2): Guilty on Counts 5s,8s,10s. (Court Reporter F McMillan.) (tkd, ) (Entered: 11/26/2008) |
| 11/24/2008 | 218 | Minute Entry for proceedings held before Judge Thad Heartfield: RE-SENTENCING held on 11/24/2008 for Overseas Shipholding Group Inc (2): Counts 5s, 8s, 10s: $800,000 fine, $300 special assessment each Ct. (Court Reporter F McMillan.) (tkd, ) (Entered: 11/26/2008) |
| 12/12/2008 | 222 | AMENDED JUDGMENT as to Overseas Shipholding Group Inc (2), correction of sentence on remand. Signed by Judge Thad Heartfield on 12/12/08. (bjc, ) (Entered: 12/12/2008) |
| 12/12/2008 | 223 | SEALED Statement of Reasons re 222 Amended Judgment. cc: USA, Coffey, Nichols, Starr (bjc, ) (Entered: 12/12/2008) |
| 02/17/2009 | 227 | NOTICE OF ATTORNEY APPEARANCE Lana Nicole Pettus appearing for USA. (Pettus, Lana) (Entered: 02/17/2009) |
| 03/10/2009 | 229 | ***FILED IN ERROR. PLEASE IGNORE.*** Joint MOTION in Limine Listing Unresolved Motions and Objections by USA as to Kun Yun Jho, Overseas Shipholding Group Inc. (Pettus, Lana) Modified on 3/11/2009 (bjc, ). (Entered: 03/10/2009) |
| 03/10/2009 | ***FILED
IN ERROR. Document # 229, joint list of unresolved motions and
objections pending before the court. Incorrect event used, attys
signatures omitted. PLEASE IGNORE.*** (bjc, ) (Entered: 03/11/2009) | |
| 05/15/2009 | 243 | MOTION to Dismiss Cts 5,6,7 of the Information by USA as to Overseas Shipholding Group Inc. (Attachments: # 1 Text of Proposed Order)(Bales, John) (Entered: 05/15/2009) |
| 09/22/2009 | 247 | ORDER granting 243 Motion to Dismiss Counts 5,6 and 7 of the information without prejudice as to Overseas Shipholding Group Inc (2). Signed by Judge Thad Heartfield on 9/22/09. (bjc, ) (Entered: 09/23/2009) |
| 09/22/2009 | DISMISSAL OF COUNTS on Government Motion as to Overseas Shipholding Group Inc. (bjc, ) (Entered: 09/23/2009) | |
| 02/26/2010 | 248 | Order as to Overseas Shipholding Group Inc that pursuant to 18 USC 3605 the jurisdiction of the supervised releasee be transferred to the District of Massachusetts. Transmitted Transfer of Jurisdiction form, with certified copies of superseding indictment, 2nd superseding indictment,information, judgment, statement of reasons, amended judgment, statement of reasons and docket sheet. (bjc, ) (Entered: 02/26/2010) |
| 03/10/2010 | 249 | ACKNOWLEDGEMENT OF RECEIPT by the District of Massachusetts of transfer of jurisdiction of supervised release. (bjc, ) (Entered: 03/11/2010) |
| 05/18/2010 | 250 | Joint
MOTION to Clarify Period of Probation by Overseas Shipholding Group Inc
as to Kun Yun Jho, Overseas Shipholding Group Inc. (Attachments: # 1 Text of Proposed Order)(Coffey, William) **MOTION ONLY APPLIES TO Overseas Shipholding Group Inc.*** (Entered: 05/18/2010) |
| 05/25/2010 | 251 | ORDER granting 248 transfer of jurisdiction is hereby amended to reflect that the probationary term runs from November 24, 2008 through March 20, 2010. Signed by Judge Thad Heartfield on 5/25/2010. (bjc, ) cc: USDC Dist of Massachusetts, USPO Dist of Massachusetts, USPO ED/TX (Entered: 05/25/2010) |
| 05/25/2010 | 252 | AMENDED JUDGMENT as to Overseas Shipholding Group Inc (2): to reflect that :(1) the term of probation consists of a term of 1 yr, 3 mos, 25 days (482 total days) on each of Counts 1s,2s,5s,8s and 10s of the 2nd Superseding Indictment and Counts 1ss,2ss,3ss and 4ss of the information. All such terms are to run concurrently. The 3 yr term of probation contemplated by the plea agreement has been reduced to take into account time served on probation in other jurisdiction in connection w/ companion cases. This probationary period terminates March 20, 2010. Signed by Judge Thad Heartfield on 5/25/2010. (bjc, ) (Entered: 05/25/2010) |