Case title: USA v. Binder, et al |
Date Filed: 04/17/2001 Date Terminated: 09/29/2006 |
| Assigned to: Senior Judge Malcolm J. Howard | ||
Defendant (2) |
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Schweizer Emblem Company
TERMINATED: 09/29/2006 |
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Pending Counts |
Disposition |
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| 18:1001 & 2 - False statement and aiding and abetting (1ss) |
Probation - 4 yrs. - spec. assessment $400.00 - spec.conds. - Restitution - $271,868.74 due immed. - w/int. - payment schedule - no fine | |
Highest Offense Level (Opening) |
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| Felony | ||
Terminated Counts |
Disposition |
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| 18 U.S.C. Sections 1001 and 2- False Statements and aiding and abetting. (1) |
Dismissed upon motion of govt | |
| 18:1001 & 2 - False Statements and Aiding and Abetting (1s-2s) |
Dismissed upon motion of govt | |
| 18:1001 & 2 - False statement and aiding and abetting (2ss) |
Dismissed upon motion of govt | |
| 18:1001 & 2 - False statement and aiding and abetting (3ss) |
Dismissed upon motion of govt | |
| 18:287 & 2 - False fictitious or fraudulent claims and aiding and abetting (4ss-11ss) |
Dismissed upon motion of govt | |
Highest Offense Level (Terminated) |
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| Felony | ||
Complaints |
Disposition |
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| None |
Plaintiff |
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| USA | represented by | David J. Cortes
U.S. Attorney's Office Eastern District of North Carolina 310 New Bern Ave. Suite 800 Raleigh, NC 27601 919-856-4530 ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 04/17/2001 | 1 | INDICTMENT as to Joseph Binder (1) count(s) 1, Schweizer Emblem (2) count(s) 1. Cys. dist. (fdc) (Entered: 04/18/2001) |
| 04/17/2001 | Request for Summons as to Schweizer Emblem. (fdc) (Entered: 04/18/2001) | |
| 04/17/2001 | 3 | SUMMONS(ES) issued for Schweizer Emblem Initial appearance set for 10:30 5/2/01 for Schweizer Emblem before USMJ Alexander B. Denson (fdc) (Entered: 04/18/2001) |
| 04/24/2001 | Letter received from Attorney David W. Long Re: Binder & Schweizer Emblem Co. - Attorney will accept service on behalf of both defts. - cys: USM & AUSA (jm) (Entered: 04/24/2001) | |
| 05/02/2001 | ARREST of Joseph Binder, Schweizer Emblem (st) (Entered: 05/02/2001) | |
| 05/02/2001 | Initial appearance as to Joseph Binder, Schweizer Emblem held in Raleigh (Defendant informed of rights, charges, max. punishment.) before USMJ Alexander B. Denson. Deft.present w/ counsel. Govt. does not oppose release of deft. Deft. released on $100,000 unsecured bond. Court Reporter: recorded Presiding Judge: USMJ Denson (st) (Entered: 05/02/2001) | |
| 05/02/2001 | 6 | NOTICE of Appearance for Joseph Binder, Schweizer Emblem by Attorney David W. Long (st) (Entered: 05/02/2001) |
| 05/02/2001 | Pre-trial Scheduling Report as to Joseph Binder, Schweizer Emblem to Magistrate Judge Denson (st) (Entered: 05/02/2001) | |
| 05/03/2001 | 7 | PRETRIAL SCHEDULING ORDER as to Joseph Binder, Schweizer Emblem setting deadlines: Attorney Conference by 5/22/01 for Joseph Binder, for Schweizer Emblem ; Pretrial Motion Filing due by 5:00 6/1/01 for Joseph Binder, for Schweizer Emblem ; Response to Pretrial Motions due by 5:00 6/11/01 for Joseph Binder, for Schweizer Emblem ( Signed by USMJ Alexander B. Denson OB Ref: #28, pg. 126, Cys. Dist.) (fdc) (Entered: 05/03/2001) |
| 05/08/2001 | 10 | SUMMONS Returned Executed as to Schweizer Emblem 4/30/01 I have executed the within named process by serving Jeff Rodgers (attorney) on this 30th day of April 2001 Signed by Deputy Paul Blew (fdc) (Entered: 05/10/2001) |
| 05/08/2001 | 11 | AMENDED SUMMONS Returned Executed as to Schweizer Emblem 4/24/01 Received this Criminal Summons and served it upon the defendant by leaving a copy with the defendant Carol Bryant who is a person of suitable age and descration. signed by Paul Block on 4/24/01 (fdc) (Entered: 05/10/2001) |
| 05/15/2001 | Issued NOTICE TO APPEAR as to Schweizer Emblem : Set Arraignment before Chief Judge Terrence W. Boyle for 10:00 6/4/01 in Raleigh, NC for Schweizer Emblem (fdc) (Entered: 05/15/2001) | |
| 05/21/2001 | 12 | MOTION by USA as to Joseph Binder, Schweizer Emblem to transfer case from Chief Judge Boyle to Judge Howard C: Judge Boyle w/CS. (fdc) (Entered: 05/21/2001) |
| 05/21/2001 | Motion submission as to Joseph Binder, Schweizer Emblem : [14-1] motion to continue arrgn and trial from 6/4/01 Session submitted as to Joseph Binder (1), Schweizer Emblem (2), [13-1] motion to continue order on pretrial scheduling - ask for up to 6/29/01 submitted as to Joseph Binder (1), Schweizer Emblem (2) (sr) (Entered: 05/21/2001) | |
| 05/21/2001 | 13 | MOTION by Joseph Binder, Schweizer Emblem to extend time on the Order on Pretrial Scheduling up until June 29, 2001 C: Judge Boyle. w/CS. (fdc) (Entered: 06/04/2001) |
| 05/21/2001 | 14 | MOTION by Joseph Binder, Schweizer Emblem of Continuance in Interests of Justice to continue Arraignment and Trial from June 4, 2001 in Raleigh, NC in front of Chief Judge Boyle until a later date C: faxed and mailed to Chief Judge Boyle. w/cs. (fdc) (Entered: 06/04/2001) |
| 05/31/2001 | 15 | ORDER as to Joseph Binder, Schweizer Emblem, transferring case from Chief Judge Boyle to Judge Howard ( Signed by Chief Judge Boyle OB Ref: #28, pg. 186, Cys. Dist.) (fdc) (Entered: 06/01/2001) |
| 05/31/2001 | CASE Reassigned to Judge Malcolm J. Howard (fdc) (Entered: 06/01/2001) | |
| 06/04/2001 | Deadline updated as to Joseph Binder, Schweizer Emblem, Set Arraignment before Judge Malcolm J. Howard for 10:00 6/25/01 for Joseph Binder, for Schweizer Emblem (jh) (Entered: 06/04/2001) | |
| 06/06/2001 | Issued NOTICE TO APPEAR as to Joseph Binder, Schweizer Emblem : set Arraignment before Judge Malcolm J. Howard for 10:00 6/25/01 in Greenville for Joseph Binder, for Schweizer Emblem (ab) (Entered: 06/06/2001) | |
| 06/06/2001 | 15 | MOTION by Joseph Binder, Schweizer Emblem of Continuance in Interests of Justice w/ c.s. - c: Judge Howard. (ab) (Entered: 06/06/2001) |
| 06/06/2001 | 16 | MOTION by Joseph Binder, Schweizer Emblem to extend time to file pretrial motions. c: Judge Howard. (ab) (Entered: 06/06/2001) |
| 06/12/2001 | 17 | ORDER as to Joseph Binder, Schweizer Emblem granting [16-1] motion to extend time as to Joseph Binder (1), Schweizer Emblem (2) ( Signed by Judge Howard OB Ref: 31, p. 5 - cys dist.) (ab) (Entered: 06/12/2001) |
| 06/12/2001 | 18 | ORDER as to Joseph Binder, Schweizer Emblem granting [15-1] motion of Continuance in Interests of Justice Time Excluded from xc to xc as to Joseph Binder (1), Schweizer Emblem (2) ( Signed by Judge Howard OB Ref: 31, pg. 4, cys dist.) (ab) (Entered: 06/12/2001) |
| 06/12/2001 | Deadline updated as to Joseph Binder, Schweizer Emblem, reset Arraignment before Judge Malcolm J. Howard for 10:00 8/6/01 in Greenville for Joseph Binder, for Schweizer Emblem (ab) (Entered: 06/12/2001) | |
| 06/12/2001 | 19 | ORDER as to Joseph Binder, Schweizer Emblem granting [14-1] motion of Continuance in Interests of Justice to continue Arraignment and Trial from June 4, 2001 in Raleigh, NC in front of Chief Judge Boyle until a later date Time Excluded from xc to xc as to Joseph Binder (1), Schweizer Emblem (2), granting [13-1] motion to extend time on the Order on Pretrial Scheduling up until June 29, 2001 as to Joseph Binder (1), Schweizer Emblem (2), reset scheduling order deadlines before Judge Malcolm J. Howard : Motion Filing to 5:00 6/29/01 for Joseph Binder, for Schweizer Emblem ; ( Signed by Chief Judge Boyle OB Ref: 31, p. 11; cys dist.) (ab) (Entered: 06/13/2001) |
| 06/13/2001 | 20 | MOTION by USA as to Joseph Binder, Schweizer Emblem of Continuance in Interests of Justice - c: Judge Howard w/ note that he already ruled on this Motion when the Defense filed it - postponing the arraignment until 8/6/01. (ab) (Entered: 06/13/2001) |
| 06/19/2001 | 21 | SUPERSEDING INDICTMENT as to Joseph Binder (1) count(s) 1s-2s, Schweizer Emblem (2) count(s) 1s-2s cys dist (jh) (Entered: 06/21/2001) |
| 06/29/2001 | 22 | MOTION by Joseph Binder, Schweizer Emblem for evidence under Brady Act - c: Judge Howard. (ab) (Entered: 07/02/2001) |
| 06/29/2001 | 23 | MOTION by Joseph Binder, Schweizer Emblem to dismiss - c: Judge Howard. (ab) (Entered: 07/02/2001) |
| 06/29/2001 | 24 | MOTION by Joseph Binder, Schweizer Emblem for evidence under Rule 404(b) - c: Judge Howard. (ab) (Entered: 07/02/2001) |
| 06/29/2001 | 25 | REQUEST FOR DISCOVERY by Joseph Binder, Schweizer Emblem - c: Judge Denson (ab) (Entered: 07/02/2001) |
| 07/13/2001 | 27 | MOTION by USA as to Joseph Binder, Schweizer Emblem to extend time to respond to the def't motion to dismiss and to suppress evidence - c: Judge Howard. (ab) Modified on 08/01/2001 (Entered: 07/16/2001) |
| 07/13/2001 | 30 | ADDENDUM TO MOTION by USA as to Joseph Binder, Schweizer Emblem to extend time to respond to the def't motion to dismiss and to suppress evidence C; Judge Howard. (ab) Modified on 08/01/2001 (Entered: 07/20/2001) |
| 07/17/2001 | 29 | SUPERSEDING INDICTMENT as to Joseph Binder (1) count(s) 1ss-3ss, 4ss-11ss, Schweizer Emblem (2) count(s) 1ss-3ss, 4ss-11ss cys dist (jh) (Entered: 07/18/2001) |
| 07/18/2001 | 28 | ORDER as to Joseph Binder, Schweizer Emblem granting [27-1] motion to extend time as to Joseph Binder (1), Schweizer Emblem (2) ( Signed by Judge Howard. OB Ref: 31, pg. 128, cys dist.) (ab) (Entered: 07/18/2001) |
| 07/23/2001 | 31 | RESPONSE by USA as to Joseph Binder, Schweizer Emblem re [26-1] motion to dismiss, [23-1] motion to dismiss indictment and to suppress evidence. C: Judge Howard. w/CS. (fdc) (Entered: 07/23/2001) |
| 07/27/2001 | 32 | MOTION by Joseph Binder, Schweizer Emblem of Continuance in Interests of Justice - to continue off of August 6 term of court - c: Judge Howard. (ab) Modified on 08/01/2001 (Entered: 07/27/2001) |
| 07/27/2001 | Deadline updated as to Joseph Binder, Schweizer Emblem, reset Arraignment before Judge Malcolm J. Howard for 10:00 8/20/01 for Joseph Binder, for Schweizer Emblem (ab) (Entered: 07/27/2001) | |
| 08/01/2001 | 33 | ORDER as to Joseph Binder, Schweizer Emblem denying [23-1] motion to dismiss as to Joseph Binder (1), Schweizer Emblem (2) ( Signed by Judge Howard OB Ref: 31, pg. 170, cys dist.) (ab) (Entered: 08/01/2001) |
| 08/01/2001 | 34 | ORDER as to Joseph Binder, Schweizer Emblem granting [32-1] motion of Continuance in Interests of Justice Time Excluded from 8/6/01 to 9/4/01 as to Joseph Binder (1), Schweizer Emblem (2) ( Signed by Judge Howard OB Ref: 31, pg. 167, cys dist.) (ab) (Entered: 08/01/2001) |
| 08/03/2001 | 35 | ORDER as to Joseph Binder, Schweizer Emblem granting [24-1] motion for evidence under Rule 404(b) as to Joseph Binder (1), Schweizer Emblem (2), ( Signed by USMJ Denson OB Ref: 31, pg. 183, cys dist.) (ab) (Entered: 08/07/2001) |
| 08/17/2001 | Issued NOTICE TO APPEAR as to Joseph Binder, Schweizer Emblem : set Arraignment before Judge Malcolm J. Howard for 10:00 9/4/01 for Joseph Binder, for Schweizer Emblem (ab) (Entered: 08/17/2001) | |
| 09/04/2001 | Arraignment as to Joseph Binder, Schweizer Emblem held before Judge Malcolm J. Howard . Court Reporter: Edith Thompson Joseph Binder (1) count(s) 2ss, Schweizer Emblem (2) count(s) 2ss in Greenville - deft present w/counsel - Joseph Binder representing Schweizer Emblem Co. - Both defts represented by David W. Long - deft Binder sworn - competent - rule 11 conducted - Plea of Guilty to Ct. 2ss - Memorandum of Plea Agreement as to both defts - Govt summarized evidence - Sent. 12/10/01 - Deft released on same bond pending sent,. (jh) (Entered: 09/07/2001) | |
| 09/04/2001 | 37 | MEMORANDUM of Plea Agreement as to Schweizer Emblem Conditionally Approved cys dist (jh) (Entered: 09/07/2001) |
| 09/04/2001 | PLEA entered by Joseph Binder, Schweizer Emblem . Court accepts plea. Guilty: Joseph Binder (1) count(s) 2ss, Schweizer Emblem (2) count(s) 2ss (Terminated motions - [30-1] motion to extend time to respond to the def't motion to dismiss and to suppress evidence as to Joseph Binder (1), Schweizer Emblem (2), [22-1] motion for evidence under Brady Act as to Joseph Binder (1), Schweizer Emblem (2), [20-1] motion of Continuance in Interests of Justice as to Joseph Binder (1), Schweizer Emblem (2), [12-1] motion to transfer case from Chief Judge Boyle to Judge Howard as to Joseph Binder (1), Schweizer Emblem (2), [14-1] motion as to Joseph Binder (1), Schweizer Emblem (2), [13-1] motion as to Joseph Binder (1), Schweizer Emblem (2) ) - DEFTS PLEA freely & vol. ent. - factual basis exists - sent. 12/10/01 Greenville - deft Binder released on same bond pending sent. Joseph Binder pleas on behalf of the deft #2 Schweizer Emblem Co. (jh) (Entered: 09/07/2001) | |
| 09/04/2001 | Deadline updated as to Joseph Binder, Schweizer Emblem, set Sentencing before Judge Malcolm J. Howard for 10:00 12/10/01 for Joseph Binder, for Schweizer Emblem (jh) (Entered: 09/07/2001) | |
| 09/04/2001 | MOTION in open court by USA as to Joseph Binder, Schweizer Emblem to dismiss all remaining cts. of the orig, sup & 2nd sup indictment at sent. (jh) (Entered: 09/07/2001) | |
| 09/04/2001 | 38 | Document Filed by Joseph Binder, Schweizer Emblem Titled: CORPORATE RESOLUTION cys dist (jh) (Entered: 09/07/2001) |
| 09/04/2001 | 39 | WAIVER OF RIGHT TO BE REPRESENTED BY SEPARATE COUNSEL by Joseph Binder, Schweizer Emblem cys dist (jh) (Entered: 09/07/2001) |
| 09/04/2001 | Motion hearing held as to Joseph Binder, Schweizer Emblem re:Rule 44c - Waiver of Right to be Represented by seperate counsel - the court finds no conflict among parties - Court Reporter: Edith Thompson - Hearing in Greenville Before Judge Howard - David W. Long representing Defts 1 & 2 (jh) (Entered: 09/07/2001) | |
| 09/24/2001 | 40 | Document Filed by Joseph Binder, Schweizer Emblem, USA as to Joseph Binder, Schweizer Emblem Titled: - transcript filed for arraignment hearing for September 4, 2001 (ab) (Entered: 09/25/2001) |
| 11/29/2001 | Issued NOTICE TO APPEAR as to Joseph Binder, Schweizer Emblem : set Sentencing before Judge Malcolm J. Howard for 9:00 12/11/01 for Joseph Binder, for Schweizer Emblem (ab) (Entered: 11/29/2001) | |
| 12/05/2001 | 41 | SENTENCING MEMORANDUM by Joseph Binder, Schweizer Emblem as to Joseph Binder, Schweizer Emblem - c: Judge Howard (ab) (Entered: 12/05/2001) |
| 12/05/2001 | 42 | MOTION by Joseph Binder, Schweizer Emblem to Reduce Sentence - c: Judge Howard. (ab) (Entered: 12/05/2001) |
| 12/11/2001 | Sentencing held before Judge Malcolm J. Howard . Court Reporter: Edith Thompson Joseph Binder (1) count(s) 1ss, Schweizer Emblem (2) count(s) 1ss (jh) (Entered: 01/02/2002) | |
| 12/11/2001 | DISMISSAL of Count(s) on Government Motion as to Joseph Binder, Schweizer Emblem Terminated motions [42-1] motion to Reduce Sentence as to Joseph Binder (1), Schweizer Emblem (2), [0-0] oral motion to dismiss all remaining cts. of the orig, sup & 2nd sup indictment at sent. as to Joseph Binder (1), Schweizer Emblem (2), Counts Dismissed: Joseph Binder (1) count(s) 1s-2s, 1, 2ss, 3ss, 4ss-11ss, Schweizer Emblem (2) count(s) 1s-2s, 1, 2ss, 3ss, 4ss-11ss (jh) (Entered: 01/02/2002) | |
| 12/11/2001 | 44 | JUDGMENT Schweizer Emblem (2) count(s) 1s-2s, 1 , 2ss , 3ss , 4ss -11ss . Dismissed upon motion of govt , Schweizer Emblem (2) count(s) 1ss. Probation - 4 yrs. - spec. assessment $400.00 - spec.conds. - Restitution - $271,868.74 due immed. - w/int. - payment schedule - no fine Signed by Judge Howard OB Ref: #33, P.213 cys dsit (jh) (Entered: 01/02/2002) |
| 07/17/2003 | 46 | Document Filed by USA as to Schweizer Emblem Titled: Satisfaction of Judgment and Certificate of Release of Lien (Barbara Kocher) cys dist (jh) (Entered: 07/17/2003) |
| 10/17/2003 | 48 | Probation transferred out as to Schweizer Emblem . Transmitted to District of Northern Dist. of Illinois Transfer of form, with certified copies of indictment, judgment and docket sheet. (ab) (Entered: 10/22/2003) |