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 byThomas 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 byMichael 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
03/22/20101INFORMATIONas to defendant Pacesetter Corporation of America. (TCL ) (Entered: 03/24/2010)
03/22/20102CRIMINAL 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)
03/24/20103 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)
03/24/2010TEXT 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)
03/25/20105ORDER 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)
03/29/2010TEXT 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)
03/29/20107PLEA AGREEMENT as to defendant Pacesetter Corporation of America. (TCL ) (Entered: 03/30/2010)
04/23/20108JUDGMENT 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)
09/10/201010EXHIBIT LIST from sentencing hearing held on 3/29/2010 as to defendant Pacesetter Corporation of America. (ETC) (Entered: 09/10/2010)
09/10/201011EXHIBIT RECEIPT regarding government's exhibit as to defendant Pacesetter Corporation of America. (TCL ) (Entered: 09/10/2010)
11/08/201012 MOTION for Miscellaneous Relief as to defendant Pacesetter Corporation of America. (TCL ) (Entered: 11/12/2010)
11/22/201013ORDER - 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)