United States District Court
District of Massachusetts (Boston)
CRIMINAL DOCKET FOR CASE #: 1:05-cr-10282-RCL-1


Case title: USA v. Serono Laboratories, Inc.

Date Filed: 10/18/2005
Date Terminated: 01/09/2006

Assigned to: Judge Reginald C. Lindsay

Defendant (1)
Serono Laboratories, Inc.
TERMINATED: 01/09/2006
represented byHenry J Depippo
Nixon Peabody LLP
Clinton Square
P.O. Box 31051
Rochester, NY 14603
(508) 263-1000
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Melissa B. Tearney
Nixon Peabody, LLP
100 Summer Street
Boston, MA 02110
617-345-1323
Fax: 617-345-1300
Email: mtearney@nixonpeabody.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:371 Conspiracy to introduce into interstate commerce, with intent to defraud and mislead, adulterated medical devices
(1)
The Court orders the defendant to pay a fine in the amount of $136,936,000.00 due within 7 days within the imposition of sentence. It is further ordered that the defendant pay a special assessment of $800
18:371 Conspiracy to offer and pay illegal remuneration
(2)
The Court orders the defendant to pay a fine in the amount of $136,936,000.00 due within 7 days within the imposition of sentence. It is further ordered that the defendant pay a special assessment of $800

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byMary Elizabeth Carmody
U.S. Attoneys Office
One Courthouse Way, Suite 9200
Boston, MA 02110
617-748-3290
Fax: 617-748-3675
Email: mary.carmody2@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Susan G. Winkler
United States Attorney's Office
John Joseph Moakley Federal Courthouse
1 Courthouse Way
Suite 9200
Boston, MA 02210
617-748-3270
Fax: 617-748-3675
Email: susan.winkler@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
10/17/20051INFORMATION (Felony) as to Serono Laboratories, Inc. (1) count(s) 1, 2. (Attachments: # 1) (Gawlik, Cathy) (Entered: 10/18/2005)
10/19/2005  NOTICE OF HEARING as to Serono Laboratories, Inc. Change of Plea Hearing set for 12/15/2005 02:30 PM in Courtroom 11 before Judge Reginald C. Lindsay. Any written plea agreement to be filed three business days before the Rule 11 hearing date. If no plea agreement, counsel to notify the clerk three business days before the Rule 11 hearing date. A failure to follow these instructions may result in the cancellation of the Rule 11 hearing at the discretion of the court.(Hourihan, Lisa) (Entered: 10/19/2005)
11/02/20052 MOTION To Schedule the Plea and Sentencing Hearing for December 15, 2005 as to Serono Laboratories, Inc.. (George, Amy) (Entered: 11/02/2005)
11/04/20053 RESPONSE to Motion by USA as to Serono Laboratories, Inc. re 2 MOTION To Schedule the Plea and Sentencing Hearing for December 15, 2005 (Winkler, Susan) (Entered: 11/04/2005)
11/09/20054 MOTION for Leave to Appear Pro Hac Vice by Henry J. Depipo Filing fee $ 50, receipt number 68130. as to Serono Laboratories, Inc.. (Attachments: # 1 Affidavit)(York, Steve) (Entered: 11/09/2005)
11/09/2005  Judge Reginald C. Lindsay : ElectronicORDER entered granting 4 Motion for Leave to Appear Retained for Attorney Henry J Depippo for Serono Laboratories, Inc.. as to Serono Laboratories, Inc. (1) (York, Steve) (Entered: 11/09/2005)
11/15/2005  Judge Reginald C. Lindsay : Electronic ORDER entered granting 2 Motion to Schedule the Plea and Sentencing Hearing for 12/15/05 as to Serono Laboratories, Inc. (1) (Hourihan, Lisa) (Entered: 11/15/2005)
12/01/2005  ELECTRONIC NOTICE OF RESCHEDULING as to Serono Laboratories, Inc. Change of Plea Hearing set for 12/15/2005 10:00 AM in Courtroom 11 before Judge Reginald C. Lindsay. Sentencing set for 12/15/2005 10:00 AM in Courtroom 11 before Judge Reginald C. Lindsay. (NOTE TIME CHANGE ONLY)(Hourihan, Lisa) (Entered: 12/01/2005)
12/06/2005  Attorney update in case as to Serono Laboratories, Inc.. Attorney Susan G. Winkler for USA added. (York, Steve) (Entered: 12/06/2005)
12/14/20055SENTENCING MEMORANDUM by USA as to Serono Laboratories, Inc. (Carmody, Mary) (Entered: 12/14/2005)
12/15/2005  ElectronicClerk's Notes for proceedings held before Judge Reginald C. Lindsay :Change of Plea Hearing as to Serono Laboratories, Inc. held on 12/15/2005. Waiver of Indictment filed. Plea Agreement filed. Defendant enters plea of guilty to Counts 1 and 2 of the Information, Court finds factual basis, the plea is accepted and entered by Serono Laboratories, Inc. (1) Guilty Count 1,2. (Court Reporter D. Joyce.) (Hourihan, Lisa) (Entered: 12/20/2005)
12/15/2005  ElectronicClerk's Notes for proceedings held before Judge Reginald C. Lindsay :Sentencing held on 12/15/2005 for Serono Laboratories, Inc. (1), Count(s) 1, 2, The Court orders the defendant to pay a fine in the amount of $136,936,000.00 due within 7 days within the imposition of sentence. It is further ordered that the defendant pay a special assessment of $800. (Court Reporter D. Joyce.) (Hourihan, Lisa) (Entered: 12/20/2005)
12/15/20058WAIVER OF INDICTMENT by Serono Laboratories, Inc. (York, Steve) Modified on 1/9/2006 to correct filing date (Hurley, Virginia). (Entered: 12/21/2005)
12/15/2005  ElectronicClerk's Notes for proceedings held before Judge Reginald C. Lindsay :Initial Appearance as to Serono Laboratories, Inc. held on 12/15/2005 (Hurley, Virginia) (Entered: 01/09/2006)
12/19/2005TRANSCRIPT of Plea/Sentencing as to Serono Laboratories, Inc. held on December 15, 2005 before Judge Lindsay. Court Reporter: Debra M. Joyce. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at 617/737-4410 or the Clerk's Office. (Scalfani, Deborah) (Entered: 12/19/2005)
12/21/20057PLEA AGREEMENT as to Serono Laboratories, Inc. (Attachments: # 9 Exhibit E)(York, Steve) (Entered: 12/21/2005)
01/09/20069Judge Reginald C. Lindsay : ORDER entered. JUDGMENT as to Serono Laboratories, Inc. (1), Count(s) 1, 2, The Court orders the defendant to pay a fine in the amount of $136,936,000.00 due within 7 days within the imposition of sentence. It is further ordered that the defendant pay a special assessment of $800 (Hurley, Virginia) (Entered: 01/11/2006)