U.S. District Court
Southern District of Ohio (Dayton)
CRIMINAL DOCKET FOR CASE #: 3:00-cr-00095-WHR-3


Case title: USA v. Beekman, et al

Date Filed: 11/09/2000
Date Terminated: 10/17/2003

Assigned to: Judge Walter H Rice

Defendant (3)
Pulmonary Analytic Laboratories
TERMINATED: 12/24/2003
doing business as
Pulma Labs
TERMINATED: 12/24/2003
represented byDavid Paul Williamson
Bieser, Greer & Landis - 3
400 National City Center
6 N Main Street
Dayton, OH 45402
513-223-3277
Email: dpw@biesergreer.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18 USC 1035 AND 18 USC 2 FALSE STATEMENTS RELATING TO HEALTH CARE MATTERS AND AIDING AND ABETTING ( Count 1 Thru 41: A fine of the greatest of not more than $500,000, 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 5 years - S/A $400 ON EACH COUNT
(38s-39s)
Sentenced to Counts 38s and 39s - No need to place Deft on Probation, the Corporation has been defunct for 2 yrs; $400 S/A on Coutn 38s; Restitution in the amount of $257,306.03 (has been paid); Statement by counsel re: Medical Mutual of OH $5,000 part of agreed upon restitution amount, to be paid within the next week or so; $400 S/A on Count 39s; S/A due within 60 days; the Special Assessment total of $800 shall be paid by co-defendants William Beekman and Joseph McPartland ($400 each); Deft's rights of appeal expalined and understood

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18 USC 1035 And 18 USC 2 FALSE STATEMENTS RELATING TO HEALTH CARE MATTERS AND AIDING AND ABETTING Counts 1 Thru 37 - A FINE OF THE GREATEST OF NOT MORE THAN $500,000, TWICE THE GROSS PECUNIARY GAIN DERIVED FROM THE OFFENSE, OR TWICE THE GROSS PECUNIARY LOSS TO PERSONS OTHER THAT THE DEFENDANT RESULTING FROM THE OFFENSE; A MINIMUM TERM OF PROBATION OF ONE YEAR AND A MAXIMUM TERM OF PROBATION OF 5 YEARS - S/A $400 ON EACH COUNT
(1-37)
DISMISSED
18 USC 1035 AND 18 USC 2 FALSE STATEMENTS RELATING TO HEALTH CARE MATTERS AND AIDING AND ABETTING ( Count 1 Thru 41: A fine of the greatest of not more than $500,000, 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 5 years - S/A $400 ON EACH COUNT
(1s-37s)
DISMISSED
18 USC 1035 AND 18 USC 2 FALSE STATEMENTS RELATING TO HEALTH CARE MATTERS AND AIDING AND ABETTING ( Count 1 Thru 41: A fine of the greatest of not more than $500,000, 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 5 years - S/A $400 ON EACH COUNT
(40s-41s)
DISMISSED

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byMark Thomas D'Alessandro
United States Attorney's Office - 2
303 Marconi Boulevard
2nd Floor
Columbus, OH 43215
614-469-5715
Email: mark.dalessandro@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
11/09/2000INDICTMENT by USA Mark Thomas D'Alessandro. Counts filed against William Beekman (1) count(s) 1-37, Joseph McPartland (2) count(s) 1-35, Pulmonary Analytc La (3) count(s) 1-37 (sc) Modified on 11/09/2000 (Entered: 11/09/2000)
11/29/2000MINUTES: Held 11/28/00 before Judge Walter H. Rice dft Pulmonary Analytc La arraigned; NOT GUILTY TO ALL COUNTS plea entered; Attorney Dave Williamson present; as to Pulmonary Analytc La , first appearance of Pulmonary Analytc La Attorney present , conf prior to trial set for 12/04/00 at 8:40 as to Pulmonary Analytc La Ct Rpt Denise Errett (sc) (Entered: 11/29/2000)
12/11/2000PRELIMINARY PRETRIAL CONFERENCE ORDER; TRIAL DATES AND OTHER DATES SET by Judge Walter H. Rice jury trial set for 1/29/01; conf prior to trial was held 12/04/00; final pretrial conference to be held by phone 1/22/01 5:00; motion filing ddl set for 01/08/01; discovery cut-off set for 01/08/01; Speedy trial ddl set for 02/06/01 as to William Beekman, Joseph McPartland, Pulmonary Analytc La (cc: all counsel) (sc) (Entered: 12/11/2000)
02/06/200113 ORDER by Judge Walter H. Rice status conference to schedule dates as to William Beekman, Joseph McPartland, Pulmonary Analytc La for 2/9/01 at 5:15 (cc: all counsel) (re) (Entered: 02/06/2001)
02/08/200115 NOTE TO FILE BY CLERK; Check being returned in the amount of $50.00 PHV Fee to Sheldon S Wittenberg as no fee for Criminal PHV per Amended Gen Order of 98-1 (sc) (Entered: 02/08/2001)
03/19/200117 TRANSCRIPT of 3/9/01 motion to suppress hearing held before Judge Rice on Deft William Beekman; Ct Rp: Denise Errett (36 pages) (mkb) Modified on 03/20/2001 (Entered: 03/19/2001)
03/19/200118 MINUTES: held 3/9/01 before Judge Walter H. Rice; Deft Beekman appeared with counsel; oral and evidentiary hearing on Deft's motion to suppress; witness testimony taken; briefing schedule set; Deft's memo filed no later than 20 days after transcript; Ptlf response 20 days thereafter; Deft's reply 10 days thereafter; Exhibits filed with minutes; Ct Rp: Denise Errett (mkb) (Entered: 03/19/2001)
04/09/200119 TRANSCRIPT of Proceedings - Motion to Suppress Hearing taken 3/9/01 (no pgs: 37) Ct Rpt Denise N Errett (sc) (Entered: 04/09/2001)
04/17/2001  Remark: Original superseding indictment forwarded to Dayton Clerk's Office via certified mail (Rcpt # 7099-3400-0014-9343-2422) (sem) (Entered: 04/17/2001)
04/17/200121 SUPERSEDING indictment Pulmonary Analytc La (3) count(s) 1s-41s (sc) (Entered: 04/20/2001)
05/21/200123 MOTION to continue trial date of 6/18/01 by William Beekman, Joseph McPartland, Pulmonary Analytc La (re) (Entered: 05/21/2001)
06/12/200124 NOTICE OF PROCEEDING arraignment set for 7/13/01 at 1:45 as to William Beekman, Joseph McPartland, Pulmonary Analytc La (cc: all counsel, US Attorney, US Probation, US Marshal, Pre-trial Services) (sc) (Entered: 06/12/2001)
06/13/2001  NOTATION ORDER by Judge Walter H. Rice granting motion to continue trial date of 6/18/01 [23-1] (cc: all counsel) (sc) (Entered: 06/13/2001)
06/13/200125 ENTRY OF CONTINUANCE; NEW TRIAL DATE AND OTHER DATES SET by Judge Walter H. Rice Pretrial conference was held 6/11/01; jury trial reset to 11/5/01; Final pretrial conference by phone set for 10/29/01 at 5:00; motion filing ddl and discovery cut-off set for 9/17/01; Speedy trial ddl tolled by filing motion to continue as to William Beekman, Joseph McPartland, Pulmonary Analytc La (cc: all counsel) (sc) (Entered: 06/15/2001)
07/06/2001  NOTATION ORDER by Judge Walter H. Rice granting motion to continue arraignment for the reason that Joseph McPartland is undergoing surgery on 7/11/01 [26-1] (cc: all counsel) (sc) (Entered: 07/06/2001)
07/24/200127 NOTICE OF PROCEEDING arraignment set for 8/10/01 at 1:15 as to William Beekman, Joseph McPartland, Pulmonary Analytc La (cc: all counsel, US Attorney, US Probation, US Marshal, Pre-trial Services) (sc) (Entered: 07/24/2001)
08/10/200130  MINUTES: Held 8/10/01 before Judge Walter H. Rice dft Pulmonary Analytc La arraigned; NOT GUILTY TO ALL COUNTS plea entered; Attorney David Williamson present; Acknowledged receipt of Indictment; Waived defects of service and reading of Indictment as to Pulmonary Analytc La , conf prior to trial set for 8/20/01 at 8:20 as to Pulmonary Analytc La Ct Rpt Denise Errett (sc) (Entered: 08/13/2001)
09/07/200131 MOTION to continue all pretrial ddls until such time as the court establishes a new scheduling order following a reset of the scheduling conference on the superceding indictment by William Beekman, Joseph McPartland, Analytic Laboratories Inc. (pb) Modified on 09/10/2001 (Entered: 09/07/2001)
09/11/2001  NOTATION ORDER by Judge Walter H. Rice granting Defts' motion to continue all pretrial ddls until such time as the court establishes a new scheduling order following a reset of the scheduling conference on the superceding indictment [31-1] (cc: all counsel) (pb) (Entered: 09/11/2001)
09/28/200132 ENTRY OF CONTINUANCE/ORDER by Judge Walter H. Rice Pretrial Conference held 9/17/01; jury trial reset to 1/29/02; final pretrial conference call set for 5 p.m. on 1/21/02; motion filing ddl set and discovery cut-off ddl 1/4/02 as to Defendants William Beekman, Joseph McPartland, Pulmonary Analytc Labs; speedy trial ddl is waived (cc: all counsel) (pb) (Entered: 09/28/2001)
12/19/200133 JOINT MOTION to continue trial set for 1/29/02 as to William Beekman, Joseph McPartland & Pulmonary Analytic Lab by USA (sc) Modified on 12/19/2001 (Entered: 12/19/2001)
12/26/2001  NOTATION ORDER by Judge Walter H. Rice granting motion to continue trial set for 1/29/02 as to William Beekman, Joseph McPartland & Pulmonary Analytic Lab [33-1] (cc: all counsel) (pb) (Entered: 12/26/2001)
10/04/200234 SCHEDULING ENTRY by Judge Walter H. Rice Conference by phone re: Status and Set Plea Date set for 10/30/02 at 8:20 as to William Beekman, Joseph McPartland, Pulmonary Analytc La (cc: all counsel) (sc) (Entered: 10/04/2002)
10/30/200235 NOTICE change of plea set 01/10/03 at 3:30 pm as to William Beekman, Joseph McPartland, Pulmonary Analytc Lab (cc: all counsel, US Attorney, US Probation, US Marshal, Pre-trial Services) (mkb) (Entered: 10/31/2002)
01/08/200336 NOTICE change of pleas set for 2/28/03 at 3:00 as to William Beekman, Joseph McPartland, Pulmonary Analytc La (cc: all counsel, US Attorney, US Probation, US Marshal, Pre-trial Services) (sc) (Entered: 01/09/2003)
03/04/200337 NOTICE change of plea reset to 03/19/03 at 3:00 pm as to William Beekman, Joseph McPartland, Pulmonary Analytc La (cc: all counsel, US Attorney, US Probation, US Marshal, Pre-trial Services) (mkb) (Entered: 03/04/2003)
03/20/200340 MINUTES: held 3/19/03 before Judge Walter H. Rice change of plea was held 3/19/03 at 3:00 as to Pulmonary Analytc La; Dft appeared with counsel & William Beekman, CEO of Dft Corp; Plea agreement read into record accepted by Court and made a permanent part of the record; Pulmonary Analytc La enters guilty to counts 38 & 39 of the superceding indictment; Plea accepted and made a permanent part of the record; Dft referred to Prob Dept for PSI; Written Consent - by William Beekman Chief CEO (Corporate Resolution Authorization) qualified to enter a plea on behalf of corporation ; Ct Rpt Denise Errett (sc) (Entered: 03/21/2003)
03/20/200340 PRESENTENCE Investigation and Disclosure Notice for Pulmonary Analytc La PSI ddl set for 6/9/03 (sc) (Entered: 03/21/2003)
03/20/200343 PLEA Agreement as to Pulmonary Analytc La (sc) (Entered: 03/21/2003)
08/25/200344 NOTICE sentencing hearing set 10/17/03 1:30 as to Pulmonary Analytc La ; sentencing memo 10/3/03 (cc: all counsel, US Attorney, US Probation, US Marshal, Pre-trial Services) (re) (Entered: 08/26/2003)
10/17/200353 Minute Entry for proceedings held before Judge Walter H Rice :Sentencing held on 10/17/2003 for Pulmonary Analytic Laboratories (3), Count(s) 1-37, 1s-37s, 40s-41s, DISMISSED; Count(s) 38s-39s, Sentenced to Counts 38s and 39s - No need to place Deft on Probation, the Corporation has been defunct for 2 yrs; $400 S/A on Count 38s; Restitution in the amount of $257,306.03 (has been paid); Statement by counsel re: Medical Mutual of OH $5,000 part of agreed upon restitution amount, to be paid within the next week or so; $400 S/A on Count 39s; S/A due within 60 days; the Special Assessment total of $800 shall be paid by co-defendants William Beekman and Joseph McPartland ($400 each); Deft's rights of appeal expalined and understood. (Court Reporter Monna McCormick.) (rp1, ) (Entered: 12/02/2003)
12/24/200358 JUDGMENT as to Pulmonary Analytic Laboratories (3), Count(s) 1-37, 1s-37s, 40s-41s, DISMISSED; Count(s) 38s-39s, Sentenced to Counts 38s and 39s - No need to place Deft on Probation, the Corporation has been defunct for 2 yrs; $400 S/A on Coutn 38s; Restitution in the amount of $257,306.03 (has been paid); Statement by counsel re: Medical Mutual of OH $5,000 part of agreed upon restitution amount, to be paid within the next week or so; $400 S/A on Count 39s; S/A due within 60 days; the Special Assessment total of $800 shall be paid by co-defendants William Beekman and Joseph McPartland ($400 each); Deft's rights of appeal explained and understood . Signed by Judge Walter H Rice on 12/24/03. (sc1, ) (Entered: 12/30/2003)