CLOSED

U.S. District Court
Southern District of Ohio (Dayton)
CRIMINAL DOCKET FOR CASE #: 3:00-cr-00077-WHR-3


Case title: USA v. Fulk, et al
Other court case number: 3:00-cr-001323 NY
Date Filed: 09/05/2000
Date Terminated: 03/11/2002
Assigned to: Judge Walter H Rice

Defendant (3)
Para Tech Industries Inc
TERMINATED: 03/11/2002 		represented byRoger John Makley
Coolidge Wall Womsley & Lombard - 3
33 W First Street
Suite 600
Dayton, OH 45402
937-223-8177
Email: makley@coollaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
Disposition
18 USC 371 CONSPIRACY TO DEFRAUD THE FOOD AND DRUG ADMINISTRATION, AND TO INTRODUCE AND DELIVER ADULTERATED DEVICES INTO INTERSTATE COMMERCE, AND TO COMMIT MAIL FRAUD - Count One (1) - a maximum fine of not more than the greatest of $500,000.00, twice the gross pecuniary gain derived from the offense, or twice the gross pecuniary loss to persons other than the defendant resulting from the offense; a minimum term of probation of one year, and a maximum term of probation of five years; S/A: $400.00
(1)		 Fine $600 - S/A: $400; Restitution $211,102.30 jointly and severally with Therasys Inc; 5 years probation w/conditions that no further conduct as such that brought them before this court and regular payment on restitution amount
21 USC 331(a), 333, AND 352 THE INTRODUCTION AND DELIVERY INTO INTERSTATE COMMERCE OF ADULTERATED DEVICES - Counts Two (2) thru Eighteen (18) - a maximum fine of not more than the greatest of $500,000.00, twice the gross pecuniary gain derived from the offense, or twice the gross pecuniary loss to persons other than the defendant resulting from the offense; a minimum term of probation of one year, and a maximum term of probation of five years; S/A: $400.00
(2-18)		 DISMISSED
18 USC 1341 MAIL FRAUD - Counts Nineteen (19) thru Thirty Five (35); a maximum fine of not more than the greatest of $500,000.00, twice the gross pecuniary gain derived from the offense, or twice the gross pecuniary loss to persons other than the defendant resulting from the offense; a minimum term of probation of one year, and a meximum term of probation of five years; S/A: $400.00
(19-35)		 DISMISSED

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
None

Highest Offense Level (Terminated)
None

Complaints
Disposition
None

Plaintiff
USA represented byJames E Arnold
United States Department of Justice
Office of Consumer Litigation
P.O. Box 386
Washington, DC 20044
202/307-0044
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

James Albert Wilson
United States Attorney's Office - 3
PO Box 280
200 W Second Street
Room 602
Dayton, OH 45402
937-225-2910
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
09/05/20003 RULE 20 CONSENT for Para Tech Industries to transfer from District of NY (mkb) (Entered: 09/05/2000)
09/05/20006 INDICTMENT by USA . Counts filed against Para Tech Industries (3) count(s) 1, 2-18, 19-35, Therasys Inc (4) count(s) 1, 2-18, 19-35 (mkb) (Entered: 10/16/2000)
12/27/200012 PLEA Agreement as to Para Tech Industries (minutes of special meeting authorizing Paul F. Fulk to enter a plea of Guilty on behalf of the Para Tech Industries, Inc.) (pb) (Entered: 12/27/2000)
12/27/200013 MINUTES: before Judge Walter H. Rice dft Para Tech Industries arraigned; GUILTY TO COUNT 1 plea entered; Attorney present as to Para Tech Industries , plea agreement read into the record as to Para Tech Industries , Para Tech Industries (3) guilty plea to Count 1 accepted by the Court and made a part of the record; , plea on information held 12/21/00 as to Para Tech Industries; deft referred to Probation Department for PSI; court reporter Debra Futrell (pb) (Entered: 12/27/2000)
12/27/200013 PRESENTENCE Investigation and Disclosure Notice for Para Tech Industries PSI ddl set for 3/01/01 (pb) (Entered: 12/27/2000)
01/04/200117 PLEA Agreement as to Para Tech Industries (pb) (Entered: 01/04/2001)
03/06/200120 MOTION to continue response due on 3/15/01 to the PSI - due to condition of defendant's counsel by Para Tech Industries (re) (Entered: 03/06/2001)
03/07/200122 ORDER as to defendant Fulk by Judge Walter H. Rice granting motion to continue response due on 3/15/01 to the PSI - due to condition of defendant's counsel [21-1] ; new due date 4/15/01(cc: all counsel) (re) Modified on 03/07/2001 (Entered: 03/07/2001)
03/07/200123 ORDER - as to defendant Para Tech Industries by Judge Walter H. Rice granting motion to continue response due on 3/15/01 to the PSI - due to condition of defendant's counsel [20-1] ; new due date 4/15/01 (cc: all counsel) (re) Modified on 03/07/2001 (Entered: 03/07/2001)
03/07/200124 ORDER as to defendant Therasys, Inc. by Judge Walter H. Rice granting motion to continue response due on 3/15/01 to the PSI - due to condition of defendant's counsel [19-1] ; new due date 4/15/01 (cc: all counsel) (re) Modified on 03/07/2001 (Entered: 03/07/2001)
03/19/2001  NOTATION ORDER by Judge Walter H. Rice granting motion to continue response to PSI due 3/15/01 to an unspecified date [25-1]; deadline extended to 4/15/01 by Judge Rice regarding Deft Ernest Philpot (cc: all counsel) (mkb) Modified on 03/20/2001 (Entered: 03/19/2001)
05/11/200127 ORDER by Judge Walter H. Rice granting motion to continue due date for the final PSI Report due to emergency health conditions of Paul F Fulk's co-counsel [26-1] (cc: all counsel) (sc) (Entered: 05/11/2001)
08/02/2001  NOTATION ORDER by Judge Walter H. Rice granting motion to continue sentencing hearing set for 8/31/01 at 3:00 as to Paul F Fulk [32-1] (cc: all counsel) (sc) (Entered: 08/02/2001)
08/06/2001  NOTATION ORDER by Judge Walter H. Rice granting motion to continue sentencing hearing set for 8/31/01 at 2:30 as to Ernest S Philpot [33-1] (cc: all counsel) (pb) (Entered: 08/06/2001)
01/09/200236 NOTICE OF PROCEEDING sentencing hearing set for 3/8/02 at 2:30 as to Paul F Fulk, Ernest S Philpot, Para Tech Industries, and Therasys Inc (cc: all counsel, US Attorney, US Probation, US Marshal, Pre-trial Services) (sc) (Entered: 01/09/2002)
03/11/200239 MINUTES: held 03/08/02 before Judge Walter H. Rice sentencing Para Tech Industries (3) count(s) 1. Fine $600 - S/A: $400; Restitution $211,102.30 jointly and severally with Therasys Inc; 5 years probation w/conditions that no further conduct as such that brought them before this court and regular payment on restitution amount as to Para Tech Industries , sentencing Para Tech Industries (3) count(s) 2-18, 19 -35 . DISMISSED as to Para Tech Industries ; Ct Rp: Denise Errett (mkb) Modified on 03/11/2002 (Entered: 03/11/2002)
03/11/200240 MINUTES: held 3/8/02 before Judge Walter H. Rice sentencing Therasys Inc (4) count(s) 1. Fine $600 - S/A: $100; Restitution of $211,102.30 jointly and severally with Co-Deft Paratech; 5 yrs probation w/conditions that no involvement in conduct as such that brought them before this court and regular payments on restitution amount as to Therasys Inc , sentencing Therasys Inc (4) count(s) 2-18, 19 -35 . DISMISSED as to Therasys Inc , case terminated as to Paul F Fulk, Ernest S Philpot, Para Tech Industries, Therasys Inc ; Ct Rp: Denise Errett (mkb) (Entered: 03/11/2002)
04/18/200242 JUDGMENT and Commitment for Para Tech Industries by Judge Walter H. Rice issued to counsel, US Attorney, US Probation, US Marshal, Pre-trial Services (sc) (Entered: 04/19/2002)
05/24/200245 NOTICE of satisfaction of criminal judgment by plaintiff USA (re) (Entered: 05/24/2002)
06/07/200247 ORDER STAYING EXECUTION OF SENTENCE by Judge Walter H. Rice; the Date of Dft Paul F Fulk 's voluntary surrender is extended to 7/5/02 at 2pm (cc: all counsel) (sc) (Entered: 06/07/2002)
08/07/2002  NOTATION ORDER by Judge Walter H. Rice denying motion to continue or stay the latest "voluntary surrender date" of August 12, 2002, alledgedly established in the above captioned case, until bona fide completion of a bona fide investigation by the Court to determine whether or not the above captioned case is one of the estimated more than 50 million inherently void cases that have been perpetrated on the American People [55-1] (cc: all counsel) (rp) (Entered: 08/08/2002)
08/20/200258 NOTICE OF SATISFACTION OF CRIMINAL FINE AS TO PAUL F FULK by plaintiff USA (rp) (Entered: 08/20/2002)
09/25/2002  WRIT OF EXECUTION as to Therasys Inc issued by Judge Walter H. Rice (rp) Modified on 09/26/2002 (Entered: 09/25/2002)
09/25/200262 MOTION for order for Writ of Execution as to property located at 1001 E 2nd Street, Storage #2280, Dayton, Ohio 45459 by USA as to Para Tech Industries (rp) Modified on 09/26/2002 (Entered: 09/25/2002)
09/25/2002  WRIT OF EXECUTION as to Paratech Industries issued by Judge Walter H. Rice (rp) (Entered: 09/25/2002)
11/06/200267 ORDER that Deft Fulk shall surrender for service of his sentence at the institution designated by the BOP on Monday, 12/09/02 no later than 2:00 pm by Judge Walter H. Rice (cc: all counsel) (mkb) (Entered: 11/07/2002)
12/12/200279 DECISION AND ENTRY by Judge Walter H. Rice denying request ENTITLED "NOTICE OF REQUEST FOR BONA FIDE COPIES OF OATHS OF OFFICE AND CERTAIN OTHER DOCUMENTS" by Pro Se defendant F Fulk [54-1]; denying as moot motion to continue [59-1], or order to stay the latest "Voluntary Surrender Date of 9/6/02" [59-2]; denying as moot motion to continue [63-1], or stay the latest "voluntary surrender date" of 10/4/02 [63-2]; denying as moot motion to compel production of documents by Paul F Fulk [64-1]; denying motion to vacate inherently void judgment [73-1]; denying demand for order for issuance of subpoenas duces tecum [74-1]; Defendant ordered to report to designated institution by date and time certain or suffer arrest by US Marshals Service; no later than noon on Tuesday, 12/17/02 at the FMC, Lexington, Ky (cc: all counsel) ( no pgs: 5) (rp) (Entered: 12/12/2002)
12/16/2002  NOTATION ORDER by Judge Walter H. Rice denying objections to order of 12/12/02; denying second motion to vacate judgment [80-1] (cc: all counsel) (rp) (Entered: 12/16/2002)
12/27/2002  NOTATION ORDER by Judge Walter H. Rice denying motion for order for release on own recognizance pending filing of petition for writ of habeas corpus [81-1], denying motion for leave to file delayed appeal [81-2] (cc: all counsel) (re) (Entered: 12/27/2002)
03/27/200386 ORDER by Judge Walter H. Rice denying motion to modify term of imprisonment [84-1] (cc: all counsel) (re) (Entered: 03/28/2003)