Southern District of West Virginia (Charleston)
CRIMINAL DOCKET FOR CASE #: 2:02-cr-00236-1,2,3

Case title: USA v. Sherpa Software, et al

Date Filed: 10/16/2002
Date Terminated: 05/17/2004

Assigned to: Judge John T. Copenhaver, Jr.

Defendant (1)
Sherpa Software Group, Inc.
TERMINATED: 05/17/2004
formerly known as
Corporate Information Systems, Inc.
TERMINATED: 05/17/2004
represented bySherpa Software
no address
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Michael W. Carey
CAREY SCOTT & DOUGLAS
P. O. Box 913
Charleston, WV 25323
304/345-1234
Fax: 342-1105
Email: mcwarey@csdlawfirm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:1341 & 18:2 FRAUDS AND SWINDLES/aid and abet.
(1)

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:1341 & 18:2 FRAUDS AND SWINDLES/aid and abet.
(2-7)
18:1341 FRAUDS AND SWINDLES.
(8-10)
18:1956(h) MONEY LAUNDERING - INTERSTATE COMMERCE; forfeiture.
(11)

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge John T. Copenhaver, Jr.

Defendant (2)
Sherpa Software Group, L.P.
as successor in interest to Sherpa Software Group, Inc.
TERMINATED: 05/17/2004
formerly known as
Corporate Information Systems, Inc.
TERMINATED: 05/17/2004
represented byMichael W. Carey
CAREY SCOTT & DOUGLAS
P. O. Box 913
Charleston, WV 25323
304/345-1234
Fax: 342-1105
Email: mcwarey@csdlawfirm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:1341 & 18:2 FRAUDS AND SWINDLES/aid and abet.
(1)
1 yr Probation, 400 sp. assmt., fine waived, $552,265 restitution, jointly and severally w/co-deft Victor M. DiBartolo.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:1341 & 18:2 FRAUDS AND SWINDLES/aid and abet.
(2-7)
Dismissed
18:1341 FRAUDS AND SWINDLES.
(8-10)
Dismissed
18:1956(h) MONEY LAUNDERING - INTERSTATE COMMERCE; forfeiture.
(11)
Dismissed

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge John T. Copenhaver, Jr.

Defendant (3)
Sherpa Software Group, Inc.
General partner of Sherpa Software Group, L.P.
TERMINATED: 05/17/2004
represented byMichael W. Carey
CAREY SCOTT & DOUGLAS
P. O. Box 913
Charleston, WV 25323
304/345-1234
Fax: 342-1105
Email: mcwarey@csdlawfirm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:1341 & 18:2 FRAUDS AND SWINDLES/aid and abet.
(1)

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:1341 & 18:2 FRAUDS AND SWINDLES/aid and abet.
(2-7)
18:1341 FRAUDS AND SWINDLES.
(8-10)
18:1956(h) MONEY LAUNDERING - INTERSTATE COMMERCE; forfeiture.
(11)

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
United States of America represented byHunter P. Smith , Jr.
U. S. ATTORNEY'S OFFICE
P. O. Box 1713
Charleston, WV 25326-1713
304/345-2200
Fax: 347-5104
Email: hunter.smith@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
10/15/2002  PROBATION OFFICER ASSIGNED as to Sherpa Software. PRETRIAL SERVICES: unassigned; PRESENTENCE INVESTIGATION: unassigned; SUPERVISION: unassigned. (pdb) (Entered: 10/17/2002)
10/15/2002  PROBATION OFFICER ASSIGNED as to Sherpa Software L.P. PRETRIAL SERVICES: unassigned; PRESENTENCE INVESTIGATION: LaDoucer; SUPERVISION: unassigned. (pdb) Modified on 03/19/2004 (Entered: 10/17/2002)
10/15/2002  PROBATION OFFICER ASSIGNEDas to Sherpa Software Inc. PRETRIAL SERVICES: unassigned; PRESENTENCE INVESTIGATION: unassigned; SUPERVISION: unassigned. (pdb) (Entered: 10/17/2002)
10/16/20021INDICTMENT as to Sherpa Software counts 1-7, 8-10, 11, Sherpa Software L.P. counts 1-7, 8-10, 11, Sherpa Software Inc. counts 1-7, 8-10, 11, Victor M. DiBartolo counts 1-7, 8-10, 11. (pdb) (Entered: 10/17/2002)
10/16/2002  CASE assigned to Judge John T. Copenhaver, Jr. (tld) (Entered: 10/21/2002)
10/17/20022ORDER as to Sherpa Software, Sherpa Software L.P., Sherpa Software Inc., Victor M. DiBartolo, set Arraignment for 2:00 10/30/02. cc: USA; USM; USP; Judge (Signed by Magistrate Judge Mary E. Stanley) (tmr)
10/17/2002  SUMMONS issued for Sherpa Software returnable 10/30/02, at 2:00 p.m., Arraignment set for 2:00 10/30/02 for Sherpa Software before Magistrate Judge Stanley. (pdb) (Entered: 10/18/2002)
10/17/2002  SUMMONS issued for Sherpa Software L.P. returnable 10/30/02, at 2:00 p.m., Arraignment set for 2:00 10/30/02 for Sherpa Software L.P. before Magistrate Judge Stanley. (pdb) (Entered: 10/18/2002)
10/17/2002  SUMMONS issued for Sherpa Software Inc. returnable 10/30/02, at 2:00 p.m., Arraignment set for 2:00 10/30/02 for Sherpa Software Inc. before Magistrate Judge Stanley. (pdb) (Entered: 10/18/2002)
10/30/2002  ARRAIGNMENT as to Sherpa Software, Sherpa Software L.P., Sherpa Software Inc., Victor M. DiBartolo held. (Magistrate Judge Mary E. Stanley; Court Reporter: Electronic) (pdb)
10/30/20024WAIVER by Sherpa Software, Sherpa Software L.P., Sherpa Software Inc. of right to be present at hearings on motions prior to trial. (pdb)
10/30/20028ARRAIGNMENT ORDER AND STANDARD DISCOVERY REQUESTS: Upon Hearing Held 10/30/02; defts. (Sherpa Software Group, Inc., Sherpa Software Group, L.P., and Sherpa Software Group, Inc.) entered PNG to Indictment; trial set to a jury on 9:30 1/6/03; pretrial hearing on motions 1:15 12/16/02 before Judge John T. Copenhaver, Jr.; pretrial motions due by 12/9/02; proposed voir dire questions and jury instructions due by 12/27/02; witness lists due by 1/3/03; defts did execute a waiver of right to be present at the hearings on motions prior to trial; Standard Discovery Request Form executed; govt's responses to deft's standard discovery requests due by 11/12/02; reciprocal discovery and filing of additional motions by deft due w/in 10 days receipt of the requested materials and filing of the govt's written response to deft's standard discovery requests; jury questionnaires for the petit jurors on the current panel shall be made available to each party for inspection and copying. (signed by Magistrate Judge Mary E. Stanley) (cc: defts and counsel, USA, USM, USP; Judge; Jury Clerk) (pdb)
11/08/200212ORDER as to Sherpa Software, Sherpa Software L.P., Sherpa Software Inc., Victor M. DiBartolo; upon motion of the govt for authorization to disclose specified g/j mtrl; finding that disclosure of the same to counsel for deft is necessary as an aid in preparation for trial; authorizing US Atty to disclose the specified g/j mtrls. to counsel for defts; Court places certain restrictions on the use of g/j mtrls; directing that the motion be sealed. cc: counsel; USA; Judge (Signed by Judge John T. Copenhaver, Jr.) (tmr)
11/12/200213RESPONSE by USA to defts' Standard Discovery Requests and REQUEST by USA for Reciprocal Discovery. (pdb) (Entered: 11/13/2002)
12/09/200219MOTION by Sherpa Software, Sherpa Software L.P., Sherpa Software Inc. to Continue trial . (pdb) (Entered: 12/10/2002)
12/11/200222RESPONSE by USA as to Sherpa Software, Sherpa Software L.P., Sherpa Software Inc. re defts' [19-1] motion to continue trial. (pdb) (Entered: 12/12/2002)
12/16/2002  PRETRIAL MOTIONS HEARING as to Sherpa Software, Sherpa Software L.P., Sherpa Software Inc., Victor M. DiBartolo held. (Judge John T. Copenhaver, Jr.; Court Reporter: Steinke) (pdb)
12/27/200223ORDER Upon hearing held 12/15/02 as to Sherpa Software, Sherpa Software L.P., Sherpa Software Inc., Victor M. DiBartolo; granting deft DiBartolo's [14-1] motion to Continue trial; granting deft Sherpa Software Group, Sherpa Software L. P., and Sherpa Software Inc.'s [19-1] motion to Continue trial; reset Jury Trial for 9:30 5/5/03 ; Time Excluded from 12/16/02 to 5/5/03, pursuant to 18 USC 3161(h)(8)(A) and B(iv). cc: defendant and counsel; USA; USM; USP; Judge (Signed by Judge John T. Copenhaver, Jr.) (tmr) Modified on 01/09/2003
01/17/200324RETURN OF SERVICE as to Sherpa Software L.P., Sherpa Software Inc.; the [23-1] order mailed to Michael W. Carey returned by USPS marked "Return to Sender Attempted Not Known;" remailed to counsel's new mailing address provided by the firm. (tmr)
03/18/200325SECOND SUPPLEMENTAL RESPONSE by USA to deft's Standard Discovery Requests and REQUEST of the United States for reciprocal discovery. (tmr)
03/19/200326AMENDED CERTIFICATE OF SERVICE by USA as to Sherpa Software, Sherpa Software L.P., Sherpa Software Inc., Victor M. DiBartolo Service Re: document no. [25-1]. (pdb)
04/08/200329THIRD SUPPLEMENTAL RESPONSE by USA to deft's Standard Discovery Requests and REQUEST of the United States for reciprocal discovery. (tmr)
04/30/200331JOINT MOTION by USA, Sherpa Software, Sherpa Software L.P., Sherpa Software Inc. to Continue Trial . (pdb) Modified on 04/30/2003
05/14/200334ORDER as to Sherpa Software, Sherpa Software L.P., Sherpa Software Inc.; granting [31-1] joint motion to continue trial; reset 5/5/03 Jury Trial for 9:30 6/30/03 . cc: defendant and counsel; USA; USM; USP; Judge (Signed by Judge John T. Copenhaver, Jr.) (pdb)
07/03/200342MEMORANDUM OF LAW REGARDING ORGANIZATIONAL DEFENDANTS by USA as to Sherpa Software, Sherpa Software L.P., Sherpa Software Inc. (pdb) Modified on 07/09/2003
07/10/200344MOTION by USA as to Sherpa Software, Sherpa Software L.P., Sherpa Software Inc. to deposit funds into the registry of the court (tmr) (Entered: 07/11/2003)
07/17/200345MEMORANDUM OF LAW REGARDING ORGANIZATIONAL DEFENDANTS by Sherpa Software, Sherpa Software L.P., Sherpa Software Inc. (pdb) Modified on 08/05/2003 (Entered: 07/18/2003)
10/29/200351ORDER as to Sherpa Software L.P., for the reasons set forth therein, the Court declines to accept the proposed plea agreement dated 6/25/03 between the United States and Corporate Information Systems, Inc. (the deft in Criminal No. 2:03-00157) and Sherpa Software Group, L. P. cc: defendant and counsel; USA; USM; USP; Judge (Signed by Judge John T. Copenhaver, Jr.) (tmr) Modified on 10/30/2003 (Entered: 10/30/2003)
10/29/200352ORDER as to Sherpa Software, Sherpa Software L.P., Sherpa Software Inc., Victor M. DiBartolo, set Status Conference for 1:30 10/31/03 ; reset Jury Trial for 9:30 12/1/03 (the deft in 2:03-00157) cc: defendant and counsel; USA; USM; USP; Judge (Signed by Judge John T. Copenhaver, Jr.) (tmr) Modified on 10/30/2003 (Entered: 10/30/2003)
10/31/2003  STATUS CONFERENCE REGARDING TRIAL SCHEDULE as to Sherpa Software, Sherpa Software L.P., Sherpa Software Inc., Victor M. DiBartolo held (Judge John T. Copenhaver, Jr.; Court Reporter: Steinke) (tmr)
11/24/200353MOTION by Sherpa Software, Sherpa Software L.P., Sherpa Software Inc. for Continuance of trial and status conference (tmr)
11/24/200354RESPONSE by USA as to Sherpa Software, Sherpa Software L.P., Sherpa Software Inc., re: deft's [53-1] motion for Continuance of trial and status conference (tmr) (Entered: 11/25/2003)
11/25/200355ORDER as to Sherpa Software, Sherpa Software L.P., Sherpa Software Inc.; denying deft's [53-1] motion for Continuance of trial and status conference, to which defts note their objection and exception; Jury Trial scheduled for 1:15 12/1/03 cc: defendant and counsel; USA; USM; USP; Judge (Signed by Judge John T. Copenhaver, Jr.) (tmr) Modified on 11/26/2003
12/01/2003  PLEA HEARING as to Sherpa Software L.P. held; plea to be finalized at a later date. (Judge John T. Copenhaver, Jr.; Court Reporter: Steinke) (tmr) (Entered: 12/02/2003)
12/23/200356MEMORANDUM by Sherpa Software Group, L.P. in support of entry of plea by Sherpa Software Group, Inc. as general partner and on behalf of Sherpa Software Group, L. P. (jkk) Modified on 12/24/2003
03/03/2004  PLEA HEARING as to Sherpa Software L.P., held as to Count One of the Eleven-count indictment. (Judge John T. Copenhaver, Jr.; Court Reporter: Barbara Steinke) (skh) Modified on 03/03/2004
03/03/200457WRITTEN GUILTY PLEA by Sherpa Software L.P. as to Count One of the eleven-count Indictment . (skh) Modified on 03/03/2004
03/03/200458LETTER-FORM PLEA AGREEMENT as to Sherpa Software L.P., w/exhibits attached. (cc: USP) (skh) Modified on 03/03/2004
03/04/200459ORDER as to Sherpa Software, Sherpa Software L.P., Sherpa Software Inc.; granting govt's [44-1] motion to deposit funds into the registry of the court; directing the clerk to take receipt of U.S. Treasury check #2221-14697685 dated 7/3/03 in the amount of $237,775.00 and deposit the funds into the Court Registry, bearing interest, until further order of the court. cc: USA; Judge; Court Administrator (Signed by Judge John T. Copenhaver, Jr.) (tmr) Modified on 03/08/2004
03/18/200460PROBATION OFFICER ASSIGNMENT/SUPERVISION FORM as to Sherpa Software L.P.: PROBATION OFFICER, LaDoucer; Type of Assignment, Presentence Investigation (jkk) (Entered: 03/19/2004)
03/23/200461ORDER upon plea hearing held 3/3/04 as to Sherpa Software L.P., directing that the written plea of guilty and the plea agreement be filed ; deft found guilty and convicted of violating 18 USC 1341 as charged in count one of the eleven-count indictment ; draft PSR due 4/1/04, objections due 4/15/04, final PSR due 4/29/04 ; scheduling sentencing for 1:30 5/6/04 (cc: defendant and counsel; USA; USM; USP; Judge) (signed by Judge John T. Copenhaver, Jr.) (jkk) Modified on 04/01/2004
05/06/200464Minute Entry for proceedings held before Judge John T. Copenhaver, Jr. :SENTENCING as to Victor M. Dibartolo and Sherpa Software Group, L.P. (Court Reporter Steinke.) (tmr) (Entered: 05/07/2004)
05/17/200468JUDGMENT as to Sherpa Software Group, L.P. Count 1, 1 yr Probation, 400 sp. assmt., fine waived, $552,265 restitution, jointly and severally w/co-deft Victor M. DiBartolo; Count 11, 2-7, 8-10, Dismissed on govt motion as well as defts 01 and 03. Signed by Judge John T. Copenhaver, Jr. on 5/17/2004. (cc: Judge, USA, USP, USM, counsel, deft) (tmr)
05/17/200469COURT EXHIBIT no. 1 as to Sherpa Software Group, L.P., Victor M. DiBartolo (tmr) (Entered: 05/18/2004)
06/03/200472 MOTION by USA as to Sherpa Software Group, Inc., Sherpa Software Group, L.P., Sherpa Software Group, Inc. to Disburse Funds. (mkw) (Entered: 06/04/2004)
06/23/200475ORDER as to Sherpa Software Group, Inc., Sherpa Software Group, L.P., Sherpa Software Group, Inc.; directing that the Clerk forthwith disburse the principal amount of the funds deposited in the Court Registry pursuant to the order of this court entered in the captioned cases on 3/4/04, plus any accrued interest, less administrative fees and any penalties to the West Virginia Workers' Compensation Commission. Signed by Judge John T. Copenhaver, Jr. on 6/23/2004. (cc: Judge, USA, counsel; Court Administrator) (tmr) Modified on 6/30/2004 (Howie, Susan).
12/01/200477GRAND JURY RETURN ORDER as to Sherpa Software Group, Inc., Sherpa Software Group, L.P., Sherpa Software Group, Inc. and Victor M. DiBartolo. (tmr)
02/22/200578TRANSCRIPT OF PROCEEDINGS as to Sherpa Software Group, L.P., Victor M. DiBartolo held on 05/06/04 before Judge Copenhaver. Court Reporter: Steinke.