U.S. District Court
Eastern District of Kentucky (Frankfort)
CRIMINAL DOCKET FOR CASE #: 3:06-cr-00014-KSF-2


Case title: USA v. Hungler et al

Date Filed: 05/04/2006
Date Terminated: 11/17/2006

Assigned to: Judge Karl S. Forester

Defendant (2)
Perfect-A-Waste Sewage Equipment Company
TERMINATED: 11/17/2006
represented byJohn Kevin West
Equitable Production Company
1710 Pennsylvania Ave
Charleston, WV 25302
304-348-3890
Fax: 304-344-0363
Email: kwest@eqt.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
33:1319(c)(4) MATERIAL FALSE STATEMENT ON REPORT REQUIRED TO BE FILED UNDER THE PROVISIONS OF THE CLEAN WATER ACT
(1)
SPECIAL ASSESSMENT $400.00; FINE $10,000.00 (Joint and Several with Charles Hungler, Jr. 3:06-cr-14 KSF $10,000.00)

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byRobert M. Duncan , Jr.
U.S. Attorney's Office, EDKY
260 W. Vine Street
Suite 300
Lexington, KY 40507-1612
859-685-4847
Fax: 859-233-2747
Email: Rob.Duncan@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
05/04/2006INDICTMENT as to Charles G. Hungler, Jr (1) count(s) 1, Perfect-A-Waste Sewage Equipment Company (2) count(s) 1. (Attachments: # 1 Case Assignment) (CBD) (Entered: 05/05/2006)
05/04/2006 MOTION for Issuance of Summons by USA as to Charles G. Hungler, Jr, Perfect-A-Waste Sewage Equipment Company. (Proposed Order forwarded to JBT from Lex)(CBD) (Entered: 05/05/2006)
05/05/2006  *** MOTION SUBMITTED TO CHAMBERS FOR REVIEW as to Charles G. Hungler, Jr, Perfect-A-Waste Sewage Equipment Company re 2 MOTION for Summons (CBD) (Entered: 05/05/2006)
05/05/2006ORDER as to Charles G. Hungler Jr. (1), & Perfect-A-Waste Sewage Equipment Company (2): Motion 2 for Issuance of Summons is GRANTED, and Summons shall be ISSUED for dft, Charles G. Hungler, Jr. individually and on behalf of the dft company, to APPEAR in U.S. District Court at Lexington, KY, on 5/12/2006 @ 9:30 AM, and shall direct dft to contact USP, w.in 48 hrs of receipt of summons, for purpose of obtaing info pertaining to pretrial release of dft. . Signed by Judge James B Todd. (CBD)cc: COR,USP & USM w/ summonses via Cert Mail, Lex Diary (Entered: 05/05/2006)
05/05/2006SEALED Summons Issued in case as to Charles G. Hungler, Jr, Perfect-A-Waste Sewage Equipment Company Arraignment/ Initial Appr. set for 5/12/2006 09:30 AM in Lexington before James B Todd. (CBD) (Entered: 05/05/2006)
05/08/2006REQUEST FOR DISCOVERY AND INSPECTION (CBD) (Entered: 05/08/2006)
05/08/2006REQUEST FOR NOTICE OF RULE 404(b) EVIDENCE (CBD) (Entered: 05/08/2006)
05/08/2006  Attorney update in case as to Charles G. Hungler, Jr, Perfect-A-Waste Sewage Equipment Company. Attorney John Kevin West for Charles G. Hungler, Jr and Perfect-A-Waste Sewage Equipment Company added. (CBD) (Entered: 05/08/2006)
05/12/2006MINUTE ENTRY FOR ARRAIGNMENT as to Perfect-A-Waste Sewage Equipment Company (2) Count 1 held on 5/12/2006 before Judge James B Todd : Dft by counsel PNG to Count 1. Motions hearing set for 6/13/2006 09:00 AM in Lexington before James B Todd. Pretrial Conference set for 6/23/2006 09:00 AM in Frankfort before Karen K. Caldwell. Jury Trial set for 7/17/2006 09:00 AM in Frankfort before Karen K. Caldwell. (COURT REPORTER: ANN BANTA) (CBD)cc: COR, USM, USP, Fkt/Lex Diary (Entered: 05/12/2006)
05/12/200610 ORDER of discovery and pretrial procedures for criminal actions as to Charles G. Hungler, Jr, Perfect-A-Waste Sewage Equipment Company . Signed by Judge James B Todd. (CBD)cc: COR, USP (Entered: 05/12/2006)
06/12/200611 ORDER as to Charles G. Hungler, Jr, Perfect-A-Waste Sewage Equipment Company: motion hearing scheduled for 6/13/2006 is SET ASIDE . Signed by Judge James B Todd. (CBD)cc: COR, USM, USP, Lex Diary (Entered: 06/12/2006)
06/13/200613 Summons Returned Executed on 5/10/2006, as to Perfect-A-Waste Sewage c/o Charles Hungler, Jr. Equipment Company. (CBD) (Entered: 06/14/2006)
06/23/200614 MINUTE ENTRY FOR PRETRIAL CONFERENCE as to Charles G. Hungler, Jr, Perfect-A-Waste Sewage Equipment Company held on 6/23/2006 before Judge Karen K. Caldwell: 1) Jury Trial shall proceed as scheduled 7/17/2006 @ 9:00. Counsel meet w/ Court @ 8:30 prioir to trial for discussions. 2) Motions in Limine ddl 7/10/2006 3) USA file any 404(b) motion by 7/5/2006 4) On or before 7/10/2006 parties submit to chambers a joint statement of the case. If counsel cannot agree, counsel shall file individual statements 5) counsel file Proposed Jury Instruction w/ copy to chambers by 7/10/2006 6) counsel for dft confer and notify Court if he wishes for presiding Judge to recuse 7) Court will a panel of thirteen consisting of one alternate 8) dft will have five peremptory challenges and USA will have three 9) Court will conduct voir dire exam of prospective jurors. Counsel may submit any questions to chambers by fax or e-mail no later tthan 7/10/2006. Matter continued for trial. (COURT REPORTER: RHONDA SANSOM) (CBD)cc: COR, USM, USP (Entered: 06/23/2006)
06/27/200615  MOTION in Limine to prohibit US from introducing evidence of defendants' "failure to comply with proper operating procedures of sewage treatment facilities" as to Charles G. Hungler, Jr, Perfect-A-Waste Sewage Equipment Company. (Attachments: # 1 Memorandum in Support # 2 Proposed Order)(CBD) (Entered: 06/27/2006)
06/27/2006  *** MOTION SUBMITTED TO CHAMBERS FOR REVIEW as to Charles G. Hungler, Jr, Perfect-A-Waste Sewage Equipment Company re 15 MOTION in Limine to probit intro of evidence of dfts' "failure to comply with proper operating procedures of sewage treatment facilities" (CBD) (Entered: 06/27/2006)
06/28/2006  Judge update in case as to Charles G. Hungler, Jr, Perfect-A-Waste Sewage Equipment Company. Judge Karl S. Forester added. (CBD) (Entered: 06/28/2006)
06/28/200616 ORDER as to Charles G. Hungler, Jr, Perfect-A-Waste Sewage Equipment Company: In order preserve dft's right to speedy trial, Court on its own motion, transfers this matter to the Honorable Judge Karl S. Forester for all purposes . Signed by Judge Karen K. Caldwell. (CBD)cc: COR, USP (Entered: 06/28/2006)
06/28/200617 ORDER as to Charles G. Hungler, Jr, Perfect-A-Waste Sewage Equipment Company: matter SET for final pretrial conference set for 7/7/2006 09:00 AM, Courtroom D, Lexington, KY. Signed by Judge Karl S. Forester. (CBD)cc: COR, USM, USP, Lex Diary (Entered: 06/28/2006)
07/06/200619 ORDER as to Charles G. Hungler, Jr: matter is SET FOR REARRAIGNMENT of dft, Hungler, on 7/14/2006 at 10:00 AM in Courtroom D, US Courthouse, Lexington, KY. FURTHER ORDERED that pretrial conf scheduled for 7/7/06 is SET ASIDE. Signed by Judge Karl S. Forester. (AKR)cc: COR, USM, USP (Entered: 07/06/2006)
07/13/200620 ORDER as to Charles G. Hungler, Jr, Perfect-A-Waste Sewage Equipment Company: Rearraignment hrg of dft, Hungler, sched for 7/14/2006 at 10:00 AM is RESCHEDULED for 9:00 a.m. on the same date. Signed by Judge Karl S. Forester. (AKR)cc: COR, USM, USP (Entered: 07/13/2006)
07/14/200622 MINUTE ENTRY FOR REARRAIGNMENT as to Perfect-A-Waste Sewage Equipment Company held on 7/14/2006 before Judge Karl S. Forester : Dft moves to CHANGE PLEA. Court grants motion. Dft pleads GUILTY as to Count 1. PLEA AGREEMENT approved and filed. Jury Trial set for 7/17/2006 CANCELED. Court orders PSR. Dft remain on conditions of release. Sentencing set for 11/17/2006 09:00 AM in Lexington before Karl S. Forester. (COURT REPORTER: ANGIE SHIELDS) (CBD)cc: COR, USM, USP, Diary (Entered: 07/14/2006)
07/14/200623 Plea Agreement Accepted as to Charles G. Hungler, Jr, Perfect-A-Waste Sewage Equipment Company (cc: COR,USP) (CBD) (Entered: 07/14/2006)
11/17/200628 JUDGMENT UPON PLEA OF GUILTY as to Perfect-A-Waste Sewage Equipment Company (2): Count 1, SPECIAL ASSESSMENT $400.00; FINE $10,000.00 (Joint and Several with Charles Hungler, Jr. 3:06-cr-14 KSF $10,000.00) . Signed by Judge Karl S. Forester. (CBD)(cc: Paper copy w/ NOE to COR & copy of SOR; Paper Copy to USM x 1 cert. copy; Paper Copy to USP x 2 cert. copies w/ original SOR; electronic copy to Finance) (Entered: 11/28/2006)
11/22/200627 MINUTE ENTRY FOR SENTENCING as to Perfect-A-Waste Sewage Equipment Company held on 11/17/2006 before Judge Karl S. Forester: Jgm shall be entered. (COURT REPORTER: MARY FINOCCHIARO) (CBD)cc: COR, USP Modified date held on 11/28/2006 (Dearborn, Christy). (Entered: 11/28/2006)
11/28/2006  NOTICE OF DOCKET MODIFICATION TO ALL COUNSEL OF RECORD re 27 Sentencing; ERROR: incorrect date of hearing held entered; Entry made by clerk; CORRECTION: Clerk has modified text to reflect that hearing was 11/17/2006; No further action required by counsel. (cc: COR) (CBD) (Entered: 11/28/2006)
12/05/200630 SEALED PRESENTENCE INVESTIGATION REPORT as to Charles G. Hungler, Jr, Perfect-A-Waste Sewage Equipment Company (CBD) (Entered: 12/05/2006)
12/05/200631 SEALED PSR Rule 32(C) info as to Charles G. Hungler, Jr, Perfect-A-Waste Sewage Equipment Company (CBD) (Entered: 12/05/2006)
02/08/200732 ORDER Granting Transfer of Supervised Release as to Perfect-A-Waste Sewage Equipment Company to USDC SDOH Cincinnati, Case No. 1:07-cr-00011(2). Signed by Judge Karl S. Forester. (Attachments: # 1 Cover Letter from USDC SDOH) (CBD)cc: COR, USP, Clerk SDOH w/ certified copies of Jgm, Docket Sheet and Indictment (Entered: 02/09/2007)
03/20/2008  NOTICE TO COUNSEL OF RECORD RE: RETURN OF PRE-SENTENCE REPORT AND RULE 32 (C) INFORMATION: re 30 Presentence Investigation Report AND 31 Rule 32(C) Info - SEALED will be returned to U.S. Probation in the absence of an objection filed within 15 days. cc: COR (AKR) (Entered: 03/20/2008)
03/25/200834  RECEIPT FOR PLEA AGREEMENT as to Charles G. Hungler, Jr, Perfect-A-Waste Sewage Equipment Company by AUSA, Robert Duncan. (CBD) (Entered: 03/27/2008)
04/14/200835  RECEIPT FOR PRE-SENTENCE INVESTIGATION REPORTAND RULE 32(C) INFORMATION (DE 30 & 31 ) as to Charles G. Hungler, Jr, Perfect-A-Waste Sewage Equipment Company. (CBD) (Entered: 04/14/2008)