District Of Montana (Great Falls)
CRIMINAL DOCKET FOR CASE #: 4:10-mj-00019-RKS-1

Case title: USA v. Provident Energy Associates of Montana, LLC.

Date Filed: 05/04/2010
Date Terminated: 07/08/2010

Assigned to: Magistrate Keith Strong

Defendant (1)
Provident Energy Associates of Montana, LLC.
TERMINATED: 07/08/2010
represented byPhillip E. Wylie
Snell, Wylie & Tibbals, P.C.
8150 North Central Expressway
Suite 1800
Dallas, TX 75206
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Designation: Retained

Steven M. Johnson
CHURCH HARRIS JOHNSON & WILLIAMS
PO Box 1645
Great Falls, MT 59403-1645
406-761-3000
Fax: 406-453-2313
Email: sjohnson@chjw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
16:703.M UNLAWFUL TAKE OF MIGRATORY BIRDS Title 16 USC 703, 707(a)
(1)

Highest Offense Level (Opening)
Misdemeanor

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byRobert Schuyler Anderson
OFFICE OF THE U.S. ATTORNEY
P. O. Box 8329
Missoula, MT 59807
406-542-8851
Fax: 542-1476
Email: robert.anderson8@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Date Filed #Docket Text
05/04/20101INFORMATION as to Provident Energy Associates of Montana, LLC. (1) count 1. (TLO, ) (Entered: 05/04/2010)
05/04/20103PLEA AGREEMENT as to Provident Energy Associates of Montana, LLC. (TLO, ) (Entered: 05/04/2010)
05/12/20104Summons Returned Executed on 5/7/10 as to Provident Energy Associates of Montana, LLC. (LAM, ) (Entered: 05/12/2010)
05/21/20105Unopposed MOTION Combine Initial Appearance, Change of Plea and Sentencing Into One Hearing by USA as to Provident Energy Associates of Montana, LLC.. (Attachments: # 1 Text of Proposed Order) (Anderson, Robert) (Entered: 05/21/2010)
05/24/20106ORDER granting 5 Motion For Combined Initial Appearance, Entry of Plea and Sentencing hearing on 6/10/2010 at 10:00 am as to Provident Energy Associates of Montana, LLC. (1). Signed by Magistrate Keith Strong on 5/24/2010. (Cpy mailed to Phillip A. Wylie, Snell, Wylie & Tibbals, 8150 North Central Expressway, Suite 1800, Dallas, TX 75206.) (TLO, ) (Entered: 05/24/2010)
05/24/2010  Set Hearings as to Provident Energy Associates of Montana, LLC.: Initial Appearance, Change of Plea Hearing and Sentencing set for 6/10/2010 10:00 AM in Great Falls, MT before Magistrate Keith Strong. (TLO, ) Modified on 5/24/2010 to reflect cpy mailed to Phillip A. Wylie, Snell, Wylie & Tibbals, 8150 North Central Expressway, Suite 1800, Dallas, TX 75206.) (Entered: 05/24/2010)
06/04/20107OFFER OF PROOF as to Provident Energy Associates of Montana, LLC. (Anderson, Robert) (Entered: 06/04/2010)
06/10/2010Minute Entry for INITIAL APPEARANCE, ENTRY OF PLEA, and SENTENCING held 6/10/2010 for Deft Provident Energy Associates of Montana, LLC before Magistrate Keith Strong: 10:50 a.m. w/AUSA Robert Anderson; Philip Wiley appearing on behalf of Deft; and Pierre Moulisak, as Representative for Deft. present. AUSA Anderson with outline of case and charges. Court addresses issue of Consent. AUSA Anderson consents to proceeding before Magistrate Strong, Deft consents to proceeding before Magistrate Strong. Court has reviewed Information, Plea Agreement, and Offer of Proof. Court w/review of charges and penalties. Court states there will be a $25.00 mandatory assessment due by Deft. Deft understands. Court inclined to grant motion and adopt plea agreement and proceed to sentencing. Representative Pierre Moulisak S/T. Court w/questions of Provident representative. Representative has read Information. No health concerns. Court w/review of charges and penalties. Deft understands penalties. AUSA Anderson states there is no restitution, but community service as detailed in Plea Agrt. Fine and penalty is in Courts discretion. Deft advised of rights. Deft understands rights. AUSA Anderson states there is an appeal waiver under paragraph 10 of the Plea Agreement. This would allow Deft. to appeal sentence. AUSA Anderson w/elements of offense. Counsel Wylie agrees w/elements. AUSA Anderson w/offer of proof. Counsel Wylie believes USA can prove elements. Pierre Moulisak also agrees USA can prove elements. Court finds the Deft is here knowingly and voluntarily represented by an authorized representative; find that Company is aware of rights, rights they would give up; aware of charges and potential penalties; find there is an adequate factual basis. USA agrees, Deft agrees. Deft Representative Pierre Moulisak pleads Guilty to charges. Court accepts plea. Deft w/statement. AUSA Anderson w/proposed sentence recommendation. 18 mos probation, $15,000 fine (National Wildlife Conservation Fund); $5,000 community service payment (National Fish and Wildlife Foundation). USA will submit proposed Order which will include either rejection or acceptance of the environmental compliance plan with regard to paragraph 13 of Plea Agreement. Court accepts plea agreement and imposes the sentence outlined by USA. Deft has nothing further. AUSA Anderson to submit proposed Order on or before 6/18/10. Appeal will start running 14 days after signing of Order. Recess 11:20. (Court Reporter FTR Gold Recorded.) (SLR, ) (Entered: 06/11/2010)
06/11/20109ORDER as to Provident Energy Associates of Montana, LLC. Signed by Magistrate Keith Strong on 6/11/2010. (SLL, ) Modified on 6/11/2010 to reflect copy of Order faxed and mailed to Attorney Phillip Wylie. (SLR, ). (Entered: 06/11/2010)
06/18/201010NOTICE OF ATTORNEY APPEARANCE: Steven M. Johnson appearing for Provident Energy Associates of Montana, LLC. (Johnson, Steven) (Entered: 06/18/2010)
06/18/201011RESPONSE as to Provident Energy Associates of Montana, LLC. Submission of Provident Energy Associates of Montana, LLC Pursuant to Order re 9 (Johnson, Steven) (Entered: 06/18/2010)
06/18/201012AFFIDAVIT/DECLARATION by Provident Energy Associates of Montana, LLC. 9 Order (Johnson, Steven) (Entered: 06/18/2010)
06/18/201013 BRIEF/RESPONSE TO ORDER by USA as to Provident Energy Associates of Montana, LLC. (Attachments: # 1 Affidavit DECLARATION of Robert S. Anderson) (Anderson, Robert) (Entered: 06/18/2010)
06/18/201014NOTICE OF GOVERNMENT'S LODGING OF PROPOSED ORDER by USA as to Provident Energy Associates of Montana, LLC. (Attachments: # 1 Text of Proposed Order) (Anderson, Robert) (Entered: 06/18/2010)
06/23/201015ORDER as to Provident Energy Associates of Montana, LLC. Signed by Magistrate Keith Strong on 6/23/2010. (SLL, ) (Entered: 06/23/2010)
06/23/201016ORDER as to Provident Energy Associates of Montana, LLC. Local counsel shall file a motion for Mr. Wylie's admission pro hac vice in full compliance with L.R. 83.3(e). Upon full compliance, the matter shall be deemed resolved. Signed by Magistrate Keith Strong on 6/23/2010. (SLL, ) Modified on 6/23/2010 to add text (TLO, ). (Entered: 06/23/2010)
07/06/201017 MOTION for Leave to Appear Pro Hac Vice Attorney: Phillip A. Wylie. ( Filing fee $ 250 receipt number 0977-753029.) by Provident Energy Associates of Montana, LLC.. (Attachments: # 1 Affidavit Affidavit of Pro Hac Vice Applicant Phillip A. Wylie Pursuant to L.R. 83.3) (Johnson, Steven) (Entered: 07/06/2010)
07/07/201018ORDER granting 17 Motion for Leave to Appear Pro Hac Vice for Attorney Phillip E. Wylie for Provident Energy Associates of Montana, LLC as to Provident Energy Associates of Montana, LLC. Signed by Magistrate Keith Strong on 7/7/2010. (SLL, ) Modified on 7/7/2010 to reflect cpy of order and PHV notice mailed to cnsl Wylie (TLO, ). (Entered: 07/07/2010)
07/08/201019JUDGMENT AND SENTENCE. Signed by Magistrate Keith Strong on 7/8/2010. (SLL, ) (Entered: 07/08/2010)
07/12/201020 BRIEF/RESPONSE TO ORDER by Provident Energy Associates of Montana, LLC. (Johnson, Steven) (Entered: 07/12/2010)