USA v. Pacesetter Corporation of America

CLOSED, TRIAL-OMAHA

U.S. District Court
District of Nebraska (8 Omaha)
CRIMINAL DOCKET FOR CASE #: 8:10-cr-00119-LSC -TDT-1

Case title: USA v. Pacesetter Corporation of America

Other court case number:

8:09CR127 USDC-NE

Date Filed: 03/22/2010
Date Terminated: 04/23/2010

Assigned to: Judge Laurie Smith Camp Referred to: Magistrate Judge Thomas D. Thalken
Defendant (1)
Pacesetter Corporation of America TERMINATED: 04/23/2010	represented by	Thomas J. Farrell FARRELL, REISINGER LAW FIRM 436 Seventh Avenue Suite 200, Koppers Building Pittsburgh, PA 15219 (412) 894-1380 Fax: (412) 894-1381 Email: tfarrell@farrellreisinger.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Designation: Retained Steven E. Achelpohl ACHELPOHL LAW FIRM 1823 Harney Street Suite 1010, Historic Library Plaza Omaha, NE 68102-1913 (402) 346-1900 Fax: (402) 346-1925 Email: achelpohl@usa.net LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained
Pending Counts		Disposition
18:669 AND 2 MISAPPLICATION OF FUNDS FOR A BENEFIT PROGRAM (1)		Defendant pleaded guilty to counts I and II of the Information and is hereby sentenced to probation for a term of 1 year; $800 Special Assessment(paid); $66,733.47 restitution(paid)
18:664 AND 2 EMBEZZLEMENT (2)		Defendant pleaded guilty to counts I and II of the Information and is hereby sentenced to probation for a term of 1 year; $800 Special Assessment(paid); $66,733.47 restitution(paid)
Highest Offense Level (Opening)
Felony
Terminated Counts		Disposition
None
Highest Offense Level (Terminated)
None
Complaints		Disposition
None

Plaintiff
USA	represented by	Michael P. Norris U.S. ATTORNEY'S OFFICE - OMAHA 1620 Dodge Street Suite 1400 Omaha, NE 68102-1506 (402) 661-3700 Fax: (402) 345-5724 Email: michael.norris@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed	#	Docket Text
03/22/2010	1	INFORMATIONas to defendant Pacesetter Corporation of America. (TCL ) (Entered: 03/24/2010)
03/22/2010	2	CRIMINAL COVER SHEET as to defendant Pacesetter Corporation of America. ACCESS TO THE PDF DOCUMENT IS RESTRICTED PURSUANT TO THE E-GOVERNMENT ACT. ACCESS IS LIMITED TO COUNSEL OF RECORD AND THE COURT. (TCL ) (Entered: 03/24/2010)
03/24/2010	3	MOTION Motion to Receive Restitution Prior to Sentencinig by Attorney Michael P. Norris as to defendant(s) Pacesetter Corporation of America. (Norris, Michael) (Entered: 03/24/2010)
03/24/2010	4	TEXT ORDER SETTING CHANGE OF PLEA & SENTENCING HEARING as to defendant Pacesetter Corporation of America. Change of Plea and Sentencing Hearing set for 3/29/2010 at 02:00 PM in Courtroom 2, Federal Building, 111 South 18th Plaza, Omaha, NE before Judge Laurie Smith Camp. The time between today's date and the change of plea is excludable under the Speedy Trial Act, 18 U.S.C. sec. 3161(h)(1)(G) & (H); At least 24 hours before the change of plea hearing, absent extenuating circumstances, counsel for defendant shall provide to the undersigned judge a copy of the following: a) the Petition to Enter A Guilty Plea; b) any plea agreement; and c) any charging document not yet on file. The government's attorney must bring the fully signed Petition to Enter a Guilty Plea and any plea agreement, also fully signed, to the change of plea hearing. Ordered by Judge Laurie Smith Camp. (ETC) Modified on 3/25/2010 to add text (ETC). (Entered: 03/24/2010)
03/25/2010	5	ORDER that the government's Motion to Receive Restitution Prior to Sentencing 3 is granted; Mark Aloe may deposit the sum of $67,533.47 with the Clerk of the Court for the United States District Court for the District of Nebraska; the Clerk of the Court is directed to disburse said funds to the victims in this matter at the time the Judgment in a Criminal Case is entered; and any sums left in the possession of the Clerk of the Court, after victims have been reimbursed, or cannot be located, shall be paid to the Crime Victim Fund in the first instance, and if said fund is unavailable, to the general treasury of the United States as to Pacesetter Corporation of America (1). Ordered by Judge Laurie Smith Camp. (copy given to financial)(CJP) (Entered: 03/25/2010)
03/29/2010	6	TEXT MINUTE ENTRY for proceedings held before Judge Laurie Smith Camp as to defendant Pacesetter Corporation of America. Change of Plea Hearing held on 3/29/2010. Guilty plea entered as to counts I and II; Sentencing held on 3/29/2010. Plea accepted; Plea Agreement accepted; Defendant is sentenced to: Probation for a term of 1 year. Special assessment in the amount of $800.00. Restitution in the amount of $66,733.47. The oral motion of the Government to dismiss case 8:09CR127 is granted. Hearing held in Omaha. Courtroom Deputy: Ed Champion. Reporter: Brenda Fauber. Appearance for Plaintiff: Mike Norris; For Defendant: Steve Achelpohl and Thomas Farrell, Retained. Time Start: 2:07 p.m. Time Stop: 2:48 p.m. No interpreter used during hearing. (ETC) (Entered: 03/30/2010)
03/29/2010	7	PLEA AGREEMENT as to defendant Pacesetter Corporation of America. (TCL ) (Entered: 03/30/2010)
04/23/2010	8	JUDGMENT as to Pacesetter Corporation of America. The defendant pleaded guilty to counts I and II of the Information and is hereby sentenced to probation for a term of 1 year; $800 Special Assessment(paid); $66,733.47 restitution(paid). Ordered by Judge Laurie Smith Camp. (1 Certified copy to USM)(TCL) (Entered: 04/26/2010)
09/10/2010	10	EXHIBIT LIST from sentencing hearing held on 3/29/2010 as to defendant Pacesetter Corporation of America. (ETC) (Entered: 09/10/2010)
09/10/2010	11	EXHIBIT RECEIPT regarding government's exhibit as to defendant Pacesetter Corporation of America. (TCL ) (Entered: 09/10/2010)
11/08/2010	12	MOTION for Miscellaneous Relief as to defendant Pacesetter Corporation of America. (TCL ) (Entered: 11/12/2010)
11/22/2010	13	ORDER - The Clerk is directed to reissue the check for restitution issued to Monika Johnson to her surviving husband, Billy Johnson, and to mail the check to the address reflected in the motion 12 . Ordered by Judge Laurie Smith Camp. (Copy mailed as directed and copy to Finance)( TCL ) (Entered: 11/23/2010)