CLOSED

U.S. District Court
DISTRICT OF KANSAS (Topeka)
CRIMINAL DOCKET FOR CASE #: 5:05-cr-40054-SAC-3


Case title: USA v. Botes

Date Filed: 05/19/2005
Date Terminated: 03/22/2006

Assigned to: District Judge Sam A. Crow

Defendant (3)
PJ Services LLC
TERMINATED: 03/22/2006
represented byKathleen A. Ambrosio
Ambrosio & Ambrosio Chtd.
800 SW Jackson, Suite #817
Topeka, KS 66612
785-233-0524
Fax: 785-233-6832
Email: kaambrosio@yahoo.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:1001(a)(2) and 2 - Making false statements (SUPERSEDING INDICTMENT FILED 6/15/05)
(2)
Assessment waived; $150,000 fine.
18:1546(a) and 2 - Misuse of immigration documents (SUPERSEDING INDICTMENT FILED 6/15/05)
(3)
Assessment waived; $150,000 fine.
8:1324(a)(1)(A)(iv) and 18:2 - Encouraging an alien to reside in the U.S. illegally (SUPERSEDING INDICTMENT FILED 6/15/05)
(4)
Assessment waived; $150,000 fine.
8:1324(a)(1)(A)(v)(I) and 18:2 - Conspiracy to encourage an alien to reside in the U.S. legally (SUPERSEDING INDICTMENT 6/15/05)
(5-6)
Assessment waived; $150,000 fine.
18:1341 and 2 - Mail fraud (SUPERSEDING INDICTMENT FILED 6/15/05)
(7)
Assessment waived; $150,000 fine.
18:1546(a) and 2 - Misuse of immigration documents (SUPERSEDING INDICTMENT FILED 6/15/05)
(14)
Assessment waived; $150,000 fine.
8:1324(a)(1)(A)(iv) and 18:2 - Encouraging an alien to reside in the U.S. illegally (SUPERSEDING INDICTMENT FILED 6/15/05)
(15)
Assessment waived; $150,000 fine.
8:1324; 28:2461; 18:981 and 982; and 18:1341, 1343, AND 1546 (SUPERSEDING INDICTMENT FILED 6/15/05)
(24)
Forfeiture.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:1001(a)(2) and 2 - Making false statements (SUPERSEDING INDICTMENT FILED 6/15/05)
(1)
Dismissed.
18:1341 and 2 - Mail fraud (SUPERSEDING INDICTMENT FILED 6/15/05)
(8-11)
Dismissed.
8:1324(a)(1)(A)(iv) and 18:2 - Encouraging an alien to reside in the U.S. illegally (SUPERSEDING INDICTMENT FILED 6/15/05)
(12)
Dismissed.
8:1324(a)(1)(A)(v)(I) and 18:2 - Conspiracy to encourage an alien to reside in the U.S. legally (SUPERSEDING INDICTMENT 6/15/05)
(13)
Dismissed.
18:1001(a)(2) and 2 - Making false statements (SUPERSEDING INDICTMENT FILED 6/15/05)
(16-17)
Dismissed.
18:1341 and 2 - Mail fraud (SUPERSEDING INDICTMENT FILED 6/15/05)
(18)
Dismissed.
18:1343 and 2 - Wire Fraud (SUPERSEDING INDICTMENT FILED 6/15/05)
(19)
Dismissed.
18:1546(a) and 2 - Misuse of immigration documents (SUPERSEDING INDICTMENT FILED 6/15/05)
(20-21)
Dismissed.
18:1341 and 2 - Mail fraud (SUPERSEDING INDICTMENT FILED 6/15/05)
(22)
Dismissed.
18:1001(a)(2) and 2 - Making false statements (SUPERSEDING INDICTMENT FILED 6/15/05)
(23)
Dismissed.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byJames A. Brown
Office of United States Attorney - Topeka
290 U.S. Courthouse
444 S.E. Quincy
Topeka, KS 66683-3592
785-295-2850
Fax: 785-295-2853
Email: james.brown2@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Tanya S. Wilson
Office of United States Attorney - Topeka
290 U.S. Courthouse
444 S.E. Quincy
Topeka, KS 66683-3592
785-295-2850
Fax: 785-295-2853
Email: tanya.wilson@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
06/15/2005SUPERSEDING INDICTMENT filed as to Petrus Jacobus Botes on counts 1s-2s, 3s, 4s, 5s-6s, 7s-11s, 12s, 13s, 16s-17s, 18s, 19s, 20s-21s, 22s, 23s, and 24s; Joyce Yvonne Coetzee on counts 4, 5-6, 13, 14, 15, and 24; and PJ Services LLC on counts 1-2, 3, 4, 5-6, 7-11, 12, 13, 14, 15, 16-17, 18, 19, 20-21, 22, 23, and 24. (ms) Modified on 6/17/2005 (bmw). (Entered: 06/16/2005)
06/16/200513 GENERAL ORDER OF DISCOVERY & SCHEDULING as to Petrus Jacobus Botes, Joyce Yvonne Coetzee, and PJ Services LLC. Motions are due by 7/7/2005. Response deadline is 7/14/2005. A Motion Hearing is set for 7/21/2005 at 10:00 AM before Senior Judge Sam A. Crow. Jury Trial set for 8/10/2005 at 10:00 AM before Senior Judge Sam A. Crow. A Status Conference is set for 7/28/2005 at 10:00 AM before Senior Judge Sam A. Crow. Signed by Magistrate Judge K. Gary Sebelius on 6/16/05. (ms) (Entered: 06/20/2005)
07/11/200520 NOTICE OF HEARING as to Defendants Petrus Jacobus Botes and Joyce Yvonne Coetzee and PJ Services LLC. Jury Trial reset for 11/16/2005 at 01:30 PM, motion hearing reset for 9/28/2005 at 01:30 PM and status conference reset for 11/1/2005 at 10:00 AM before U.S. District Senior Judge Sam A. Crow. See attached for more details.(bmw) (Entered: 07/11/2005)
07/29/200524 Minute Entry for Rule 5 proceedings held before Magistrate Judge K. Gary Sebelius as to PJ Services LLC. Defendant was arraigned on counts 1-2, 3, 4, 5-6, 7-11, 12, 13, 14, 15, 16-17, 18, 19, 20-21, 22, 23, and 24 and a not guilty plea was entered by counsel for the defendant. Motions are due by 9/9/2005. Response deadline is 9/16/2005. The Trial is set for 11/16/2005 at 01:30 PM before Senior Judge Sam A. Crow. A Motion Hearing is set for 9/28/2005 at 01:30 PM before Senior Judge Sam A. Crow. A Status Conference set for 11/1/2005 at 10:00 AM before Senior Judge Sam A. Crow. (Tape #KGS05-15) (ms) (Entered: 07/29/2005)
09/09/200526  MOTION for Extension of Time to File Pre-Trial Motions, to continue motion hearing and to continue jury trial by PJ Services LLC. (Ambrosio, Kathleen) Modified text on 9/12/2005 (ms). (Entered: 09/09/2005)
09/14/200529 ORDER pursuant to 18:3161 granting 26 Motion for Additional Time to File Pretrial Motions, to Continue Motion Hearing and to Continue Jury Trial as to defendant PJ Services LLC. Motions due 11/14/05 and responses due 11/21/05. The hearing on motions is rescheduled from 9/28/05 to 11/30/05 at 1:30 p.m. The status conference is rescheduled from 11/1/05 to 1/10/06 at 10:00 a.m. and the jury trial is rescheduled from 11/16/05 to 1/25/06 at 1:30 p.m. Signed by U.S. District Senior Judge Sam A. Crow on 9/14/05. (bmw) (Entered: 09/14/2005)
09/14/200531 NOTICE OF HEARING as to Defendants Petrus Jacobus Botes, Joyce Yvonne Coetzee and PJ Services LLC. Jury Trial reset for 1/25/2006 at 01:30 PM and status conference reset for 1/10/2006 at 10:00 AM before U.S. District Senior Judge Sam A. Crow. See attached for more details.(bmw) (Entered: 09/14/2005)
09/14/200532 NOTICE OF HEARING as to Defendants Petrus Jacobus Botes, Joyce Yvonne Coetzee and PJ Services LLC. Motion Hearing reset for 11/30/2005 at 01:30 PM before U.S. District Senior Judge Sam A. Crow. See attached for more details.(bmw) (Entered: 09/14/2005)
09/19/200533 WAIVER of Conflict of Interest by Petrus Jacobus Botes and PJ Services LLC (ms) (Entered: 09/20/2005)
10/20/200542 NOTICE OF HEARING as to Defendant PJ Services LLC. Change of Plea Hearing set for 10/25/2005 at 11:00 AM before U.S. District Senior Judge Sam A. Crow. (bmw) (Entered: 10/20/2005)
10/25/200543 Minute Sheet for change of plea hearing held before U.S. District Senior Judge Sam A. Crow as to defendant PJ Services LLC on 10/25/2005. Defendants Petrus Hacobus Botes and Joyce Yvonne Coetzee are partners in the corporation PJ Services, LLC. Defendant, thru Botes and Coetzee, enters plea of guilty to counts 2, 3, 4, 5, 6, 7, 14, 15 and 24 of the superseding indictment. Government to motion to dismiss counts 1, 8-13 and 16-23 of the superseding indictment at the time of sentencing as it relates to this defendant. Sentencing set for 3/14/06 at 2:00 p.m. See attached for more details. (Court Reporter Robin Schuyler, Nora Lyon & Assoc.) (bmw) (Entered: 10/27/2005)
10/25/200545 PETITION TO ENTER PLEA OF GUILTY AND ORDER ENTERING PLEA with attached Plea Agreement as to Defendant PJ Services LLC. Plea of guilty entered to counts 2, 3, 4, 5, 6, 7, 14, 15 and 24 of the Superseding Indictment. See attached and minute sheet for more details. Signed by U.S. District Senior Judge Sam A. Crow on 10/25/05. (bmw) (Entered: 10/28/2005)
10/28/200551 NOTICE OF HEARING as to Defendant PJ Services LLC. Sentencing set for 3/14/2006 at 02:00 PM before U.S. District Senior Judge Sam A. Crow. (bmw) (Entered: 10/28/2005)
03/14/200656 Minute Sheet for sentencing proceedings held before U.S. District Senior Judge Sam A. Crow on 3/14/2006 as to defendant PJ Services LLC. Defendant fined $150,000.00 on cts 2-7, 14 and 15. Interest on the fine is waived. Count 24 is a forfeiture count in which the government has either seized or forfeited all the assets of this organization. Oral motion of government to dismiss counts 1, 8-13 and 16-23 of the superseding indictment, as it relates to this defendant, is granted. The assessment on counts 2-7, 14 and 15 is waived. (Court Reporter Roxie Montgomery, Nora Lyon & Assoc.) (bmw) (Entered: 03/15/2006)
03/22/200661 JUDGMENT as to defendant PJ Services LLC. Counts 1, 8-13, 16-23 Dismissed. Counts 2-7, 14 and 15 - Assessment waived; $150,000 fine. Count 24, Forfeiture. See attached for more details. Signed by U.S. District Senior Judge Sam A. Crow on 3/22/06. (bmw) (Entered: 03/22/2006)
05/26/200664  PETITION for Remission of Fine by USA as to PJ Services LLC. (Wilson, Tanya) (Entered: 05/26/2006)
05/31/200665 ORDER granting 64 Petition of the United States for Remission of Fine as to defendant PJ Services LLC. See attached for more details. Signed by U.S. District Senior Judge Sam A. Crow on 5/31/06. Copy to e-mailed to Finance. (bmw) (Entered: 05/31/2006)
12/28/200766  MOTION for Destruction/Disposition of Evidence by USA as to Petrus Jacobus Botes, Joyce Yvonne Coetzee, PJ Services LLC. (Attachments: # 1 Evidence Inventory)(Brown, James) (Entered: 12/28/2007)
08/18/200868 NOTICE OF HEARING as to Defendants Petrus Jacobus Botes, Joyce Yvonne Coetzee, and PJ Services LLC. Telephone Conference regarding 66 motion for destruction/disposition of evidence set for 8/26/2008 at 02:00 PM before U.S. District Senior Judge Sam A. Crow. Court will initiate the telephone conference.(bmw) (Entered: 08/18/2008)
08/26/200869 MINUTE SHEET for proceedings held before U.S. District Senior Judge Sam A. Crow granting 66 Motion for Destruction/Disposition of Evidence as to Petrus Jacobus Botes, Joyce Yvonne Coetzee, and PJ Services LLC. Telephone Conference held regarding this motion on 8/26/2008. Government to provide appropriate order. (Court Reporter Roxie Montgomery, Nora Lyon & Assoc.) (bmw) (Entered: 08/26/2008)
12/23/200870 AGREED ORDER as to defendants Petrus Jacobus Botes, Joyce Yvonne Coetzee and PJ Services LLC re 66 MOTION for Destruction/Disposition of Evidence. Follows oral order of 8/26/08 - see 69 . Signed by U.S. District Senior Judge Sam A. Crow on 12/23/08. (bmw) (Entered: 12/23/2008)