CAT A, CLOSED

U.S. District Court
District of Columbia (Washington, DC)
CRIMINAL DOCKET FOR CASE #: 1:10-cr-00242-JDB-1


Case title: USA v. POLAR AIR CARGO LLC

Date Filed: 09/02/2010


In Re
PLAINTIFFS IN AIR CARGO SHIPPING SERVICES ANTITRUST LITIGATION
MDL 1775
represented byBrent W. Landau
HAUSFELD LLP
1604 Locust Street
2nd Floor
Philadelphia, PA 19103
(215) 985-3273
Fax: (215) 985-3271
Email: blandau@hausfeldllp.com
ATTORNEY TO BE NOTICED
Designation: Retained

Assigned to: Judge John D. Bates

Defendant (1)
POLAR AIR CARGO LLC represented byRyan Morland Malone
ROPES & GRAY, LLP
700 12th Street, NW
Suite 900
Washington, DC 20005
(202) 508-4669
Email: ryan.malone@ropesgray.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Harvey J. Wolkoff
ROPES & GRAY
One International Place
Boston, MA 02110-2624
(617) 951-7522
Fax: (617) 2350224
PRO HAC VICE
ATTORNEY TO BE NOTICED

Jason Brown
ROPES & GRAY LLP
1211 Avenue of Americas
New York, NY 10036
(212) 841-0478
Fax: (212) 596-9090
PRO HAC VICE
ATTORNEY TO BE NOTICED

Pending Counts

Disposition
15:1; ANTITRUST VIOLATIONS
(1)
Fine of Seventeen Million Four Hundred Thousand Dollars ($17,400,000.00) and Special Assessment of $400.00 imposed.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byBrent C. Snyder
U.S. DEPARTMENT OF JUSTICE
Antitrust Division
450 Fifth Street, N.W
Suite 11300
Washington, DC 20530
(202) 616-3186
Email: brent.snyder@usdoj.gov
ATTORNEY TO BE NOTICED

Katherine Ann Schlech
U.S. DEPARTMENT OF JUSTICE
Antitrust Division
1401 H Street, NW
Suite 3700
Washington, DC 20005
(202) 307-5778
Email: katherine.schlech@usdoj.gov
ATTORNEY TO BE NOTICED

Mark C. Grundvig
U.S. DEPARTMENT OF JUSTICE
Antitrust Division
450 5th Street, N.W.
Suite 11300
Washington, DC 20530
(202) 305-1878
Fax: (202) 514-6525
Email: mark.grundvig@usdoj.gov
ATTORNEY TO BE NOTICED

Mark R. Rosman
U.S. DEPARTMENT OF JUSTICE
Antitrust Division
450 Fifth Street, NW
Room 11300
Washington, DC 20530
(202) 305-0886
Fax: (202) 514-6525
Email: mark.rosman@usdoj.gov
ATTORNEY TO BE NOTICED

Matthew W. Lunder
U.S. DEPARTMENT OF JUSTICE
Antitrust Division, Nat'l Crim. Enforcement
450 Fifth Street, NW
Room 11300
Washington, DC 20530
(202) 307-6373
Email: matthew.lunder@usdoj.gov
ATTORNEY TO BE NOTICED

Steven D. De Salvo
U.S. DEPARTMENT OF JUSTICE
Antitrust Division, Nat'l Crim. Enforcement
450 Fifth Street, NW
Washington, DC 20530
(202) 307-0024
Email: Steven.DeSalvo@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
09/02/20101INFORMATION as to POLAR AIR CARGO LLC (1) on count 1. (Attachments # 1: Exhibit A- Waiver of Statute of Limitations) (tnr, ) (Entered: 09/03/2010)
09/07/20102NOTICE OF ATTORNEY APPEARANCE: Ryan Morland Malone appearing for POLAR AIR CARGO LLC (Malone, Ryan) (Entered: 09/07/2010)
09/08/2010  Set/Reset Hearings as to POLAR AIR CARGO LLC: Plea Agreement Hearing/Sentencing set for 10/15/2010 09:30 AM in Courtroom 8 before Judge John D. Bates. (tb, ) (Entered: 09/08/2010)
09/09/2010  REFERRAL TO PROBATION OFFICE for Presentence Investigation as to POLAR AIR CARGO LLC. (tb, ) (Entered: 09/09/2010)
09/28/20103 MOTION for Victim Rights Notification by USA as to POLAR AIR CARGO LLC. (Grundvig, Mark) (Entered: 09/28/2010)
09/28/2010  MINUTE ORDER as to POLAR AIR CARGO LLC: Upon consideration of 3 the government's motion for authorization to give crime victim notification pursuant to 18 U.S.C. ยง 3771, and for good cause shown, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that for any public court or parole proceeding involving the crime of the accused in this case, the United States Department of Justice Antitrust Division may provide reasonable, accurate, and timely notice through its web site, http://www.usdoj.gov/atr, rather than individual notices to the crime victims of the air cargo conspiracy. SO ORDERED. Signed by Judge John D. Bates on 9/28/2010. (ck) (Entered: 09/28/2010)
09/30/20104 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Harvey J. Wolkoff. :Address- One International Place, Boston, MA 02110-2624. Phone No. - (617) 951-7522. Fax No. - (617) 235-0224 by POLAR AIR CARGO LLC. (Attachments: # 2 Text of Proposed Order)(Malone, Ryan) (Entered: 09/30/2010)
09/30/20105 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jason Brown. :Address- 1211 Avenue of the Americas, New York, NY 10036-8704. Phone No. - (212) 841-0478. Fax No. - (212) 596-9090 by POLAR AIR CARGO LLC. (Attachments: # 2 Text of Proposed Order)(Malone, Ryan) (Entered: 09/30/2010)
10/01/2010  MINUTE ORDER: Upon consideration of 5 the motions to admit Harvey J. Wolkoff and Jason Brown to appear pro hac vice, and pursuant to Local Civil Rule 83.2(d) it is hereby ORDERED that the motions are GRANTED; it is further ORDERED that the Clerk of Court shall enter the appearance of Harvey J. Wolkoff and Jason Brown on behalf of defendant. SO ORDERED. (tb, ) (Entered: 10/01/2010)
10/01/2010  Attorney update in case as to POLAR AIR CARGO LLC. Attorney Harvey J. Wolkoff for POLAR AIR CARGO LLC added. (tb, ) (Entered: 10/01/2010)
10/01/2010  Attorney update in case as to POLAR AIR CARGO LLC. Attorney Jason Brown for POLAR AIR CARGO LLC added. (tb, ) (Entered: 10/01/2010)
10/04/20106NOTICE OF ATTORNEY APPEARANCE Matthew W. Lunder appearing for USA. (Lunder, Matthew) (Entered: 10/04/2010)
10/14/20107NOTICE OF ATTORNEY APPEARANCE Steven D. De Salvo appearing for USA. (De Salvo, Steven) (Entered: 10/14/2010)
10/15/2010  Minute Entry: Arraignment as to POLAR AIR CARGO LLC (1) Count 1 held on 10/15/2010 before Judge John D. Bates: Plea of Guilty entered by POLAR AIR CARGO LLC (1) as to Count 1. Sentencing set for 11/15/2010 09:30 AM in Courtroom 8 before Judge John D. Bates. Parties shall file supplemental sentencing briefs 21 days from today's hearing (15 page limit). Defendant is a Corporation, no bond set. Court Reporter: Bryan Wayne Defense Attorney: Harvey Wohlkoff; US Attorney: Mathew Lunder. (tb, ) (Entered: 10/15/2010)
10/15/20108WAIVER of Right to Trial by Jury as to POLAR AIR CARGO LLC. Approved by Judge John D. Bates on 10/15/10. (tb, ) (Entered: 10/15/2010)
10/15/20109WAIVER OF INDICTMENT by POLAR AIR CARGO LLC. Signed by Judge John D. Bates on 10/15/10. (tb, ) (Entered: 10/15/2010)
10/15/201010PLEA AGREEMENT as to POLAR AIR CARGO LLC. (tb, ) (Entered: 10/15/2010)
10/15/201011NOTICE: Board Resolution filed by POLAR AIR CARGO LLC. (tb, ) (Entered: 10/15/2010)
10/27/201012TRANSCRIPT OF PROCEEDINGS in case as to POLAR AIR CARGO LLC before Judge John D. Bates held on 10/15/10; Page Numbers: 1 - 66. Date of Issuance:10/27/10. Court Reporter/Transcriber Bryan A. Wayne, Telephone number 202-354-3186, Court Reporter Email Address : bryanawayne@verizon.net.<P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov.<P></P> Redaction Request due 11/17/2010. Redacted Transcript Deadline set for 11/29/2010. Release of Transcript Restriction set for 1/25/2011.(Wayne, Bryan) (Entered: 10/27/2010)
11/01/201013NOTICE of Appearance by Brent W. Landau for PLAINTIFFS IN AIR CARGO SHIPPING SERVICES ANTITRUST LITIGATION as to POLAR AIR CARGO LLC (jeb, ) Modified on 11/1/2010 (jeb, ). (Entered: 11/01/2010)
11/05/201014SENTENCING MEMORANDUM by PLAINTIFFS IN AIR CARGO SHIPPING SERVICES ANTITRUST LITIGATION as to POLAR AIR CARGO LLC (Attachments: # 9 Certificate of Service)(Landau, Brent) (Entered: 11/05/2010)
11/05/201015 MOTION for Leave to File Under Seal Defendant Polar Air Cargo LLC's Supplemental and Second Set of Supplemental Responses to Plaintiffs' First Set of Interrogatories Directed to All Defendants by PLAINTIFFS IN AIR CARGO SHIPPING SERVICES ANTITRUST LITIGATION as to POLAR AIR CARGO LLC. (Attachments: # 1 Exhibit 1, (Copy of 9/21/07 Confidentiality Stipulation and Protective Order Governing Production of Documents Between Plaintiffs and Defendants, filed in U.S. District Court for the Eastern District of New York, MDL No. 1775, Master File 06-MD-1775(JG)(VVP)) # 3 Text of Proposed Order)(Landau, Brent) (Attachment Exhibit 1 replaced on 11/8/2010) (mlp) Modified on 11/8/2010 (mlp) (Entered: 11/05/2010)
11/05/201016SENTENCING MEMORANDUM by USA as to POLAR AIR CARGO LLC (Lunder, Matthew) (Entered: 11/05/2010)
11/05/201017SENTENCING MEMORANDUM by POLAR AIR CARGO LLC (Attachments: # 12 Exhibit 12)(Malone, Ryan) (Entered: 11/05/2010)
11/08/201018NOTICE of Change of Telephone Number by PLAINTIFFS IN AIR CARGO SHIPPING SERVICES ANTITRUST LITIGATION as to POLAR AIR CARGO LLC (Landau, Brent) (Entered: 11/08/2010)
11/08/2010  NOTICE OF CORRECTED DOCKET ENTRY: as to POLAR AIR CARGO LLC re Exhibit 1 for 15 MOTION for Leave to File Under Seal Defendant Polar Air Cargo LLC's Supplemental and Second Set of Supplemental Responses to Plaintiffs' First Set of Interrogatories Directed to All Defendants was modified by the clerk. A corrected image of Exhibit 1 replaces the image originally attached to the entry. The corrected image of Exhibit 1 has only one header on the document. (mlp) (Entered: 11/08/2010)
11/15/2010  Minute Entry: Sentencing on Count 1 held on 11/15/2010 as to POLAR AIR CARGO LLC (1) before Judge John D. Bates: Fine of Seventeen Million Four Hundred Thousand Dollars ($17,400,000.00) and Special Assessment of $400.00 imposed. Defendant is a corporation, no bond set. Court Reporter: Lisa Schwam Defense Attorney: Harvey Wolkoff; US Attorney: Mathew Lunder. (tb, ) (Entered: 11/15/2010)
11/16/201019JUDGMENT as to POLAR AIR CARGO LLC. Statement of Reasons Not Included signed by Judge John D. Bates on 11/16/10. (tnr, ) (Entered: 11/16/2010)
11/16/201020STATEMENT OF REASONS as to POLAR AIR CARGO LLC re 19 Judgment; Not for public disclosure per Judicial Conference Policy signed by Judge John D. Bates on 11/16/10. (tnr, ) (Entered: 11/16/2010)
11/29/2010  NOTICE that the Court is in receipt of a wire transfer in the amount of $3,000,000.00 towards the fine obligation imposed as to POLAR AIR CARGO LLC; receipt no. CQ11461600019. (tnr, ) (Entered: 12/01/2010)
02/28/201121TRANSCRIPT OF PROCEEDINGS in case as to POLAR AIR CARGO LLC before Judge John D. Bates held on 11-15-2010; Page Numbers: 1-30. Court Reporter/Transcriber Lisa Schwam, Telephone number 202-354-3238, Court Reporter Email Address : LisaSchwam@aol.com.

For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via may be purchased from the court reporter.

NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov.

Redaction Request due 3/21/2011. Redacted Transcript Deadline set for 3/31/2011. Release of Transcript Restriction set for 5/29/2011.(Schwam, Lisa) (Entered: 02/28/2011)