CLOSED

U.S. District Court
Eastern District of Virginia - (Norfolk)
CRIMINAL DOCKET FOR CASE #: 2:07-cr-00038-RBS-JEB-1


Case title: USA v. The Sigmon Group, LLC

Date Filed: 03/02/2007
Date Terminated: 08/03/2007

Assigned to: District Judge Rebecca Beach Smith
Referred to: Magistrate Judge James E. Bradberry

Defendant (1)
The Sigmon Group, LLC
TERMINATED: 08/03/2007
represented byHunter Wilmer Sims , Jr.
Kaufman & Canoles PC
150 W Main St
PO Box 3037
Norfolk, VA 23510
(757) 624-3000
Email: hwsims@kaufcan.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
T.18 USC 287 - False Claims
(1)
Probation: 5 years; Special Assessment: 400.00; Fine: $500,000.00; Restitution: $642,073.18
T.18 USC 287 - False Claims
(2)
Probation: 5 years to run concurrently with count 1; Special Assessment: $400.00; Fine: $250,000.00

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byAlan Mark Salsbury
United States Attorney's Office
101 W Main St
Suite 8000
Norfolk, VA 23510
(757) 441-6331
Email: alan.salsbury@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
03/02/2007CRIMINAL INFORMATION FILED 03/02/07 as to The Sigmon Group, LLC (1) count(s) 1-2. (ldab, ) (Entered: 03/02/2007)
03/02/2007  Attorney update in case as to The Sigmon Group, LLC. Attorney Hunter Wilmer Sims, Jr for The Sigmon Group, LLC added. (ldab, ) (Entered: 03/02/2007)
03/06/2007  Set/Reset Hearings as to The Sigmon Group, LLC: Plea Agreement Hearing set for 3/26/2007 at 10:00 AM in N Courtroom 1 before District Judge Rebecca Beach Smith. (kgri, ) (Entered: 03/06/2007)
03/26/2007  INITIAL APPEARANCE proceedings held before Judge Rebecca Beach Smith: Alan M. Salsbury, AUSA, present; and Hunter W. Sims, Jr., present with defendant. Initial Appearance as to The Sigmon Group, LLC held on 3/26/2007 (Court Reporter Gloria Smith, OCR.) (mgra) (Entered: 03/26/2007)
03/26/2007WAIVER OF INDICTMENT by The Sigmon Group, LLC (mgra) (Entered: 03/26/2007)
03/26/2007  PLEA AGREEMENT HEARING proceedings held before Judge Rebecca Beach Smith: Alan M. Salsbury, AUSA, present; Hunter W. Sims, Jr., ret. counsel, present with defendant. Kennis L. Sigmon appeared on behalf of and as manager of The Sigmon Group, LLC. Plea Agreement Hearing as to The Sigmon Group, LLC held on 3/26/2007. Plea entered by The Sigmon Group, LLC (1) Guilty Count 1-2. Court explained to defendant corporation that by pleading guilty the defendant corporation waived their right of appeal pursuant to the plea agreement. Sentencing set for 7/11/2007, at 10:00 AM in Norfolk, Courtroom 1 before District Judge Rebecca Beach Smith. The court put the defendant corporation (Kennis L. Sigmon on behalf of and as manager of The Sigmon Group, LLC) on a $100,000.00 bond with conditions.(Court Reporter Gloria Smith, OCR.) (mgra) (Entered: 03/26/2007)
03/26/2007Unanimous Written Consent of the Members of The Sigmon Group, LLC, filed in open court. (mgra) (Entered: 03/26/2007)
03/26/2007Unsecured Bond Entered as to The Sigmon Group, LLC by Kennis Lee Sigmon, Manager in amount of $ 100,000.00, (ldab, ) (Entered: 03/26/2007)
03/26/2007Amended and Restated Limited Liability Company Operating Agreement, The Sigmon Group, LLC, a Virginia Limited Liability Company, filed in open court. (mgra) (Entered: 03/26/2007)
03/26/2007 Letter of Resignation of Membership to The Sigmon Group, LLC, from Linda S. Sigmon, dated march 15, 2007, filed in open court. (mgra) (Entered: 03/26/2007)
03/26/2007PLEA AGREEMENT as to The Sigmon Group, LLC (mgra) (Entered: 03/26/2007)
03/26/2007Statement of Facts as to The Sigmon Group, LLC (mgra) (Entered: 03/26/2007)
03/26/2007Sentencing Procedures Order as to The Sigmon Group, LLC, entered & filed in open court. Signed by Judge Rebecca Beach Smith on March 26, 2007. (mgra) (Entered: 03/26/2007)
03/26/200710 ORDER Setting Conditions of Release as to The Sigmon Group, LLC (1) $100,000.00 as to The Sigmon Group, LLC. by Kennis Sigmon, Manager, entered and filed 03/26/07. (Signed by Judge Rebecca Beach Smith) copies mailed on 03/27/07, ob. (ldab, ) (Entered: 03/27/2007)
04/04/200711 ORDER - ADJUDGED, ORDERED AND DECREED that the bond of The Sigmon Group, LLC regarding the travel restrictions of its managing memeber, Kennis L. Sigmon, are modified to permit Kennis L. Sigmon to travel outside of Virginia (see order for details) as to The Sigmon Group, LLC. Entered and filed 04/04/07. (Signed by Judge Rebecca Beach Smith) copies mailed on 04/04/07. (ldab, ) (Entered: 04/04/2007)
04/09/200712 ORDER Amending Conditions of Release as to The Sigmon Group, LLC (1). Kennis L. Sigmon permitted to travel to and from Wash. DC during period of 4/11/07 and 4/12/07 for business meeting. Signed by Judge Rebecca Beach Smith and filed on 4/9/07; Copies mailed 4/9/07. (kgri, ) (Entered: 04/09/2007)
04/25/200713  MOTION AND MEMORANDUM FOR CONTINUANCE OF SENTENCING DATE by The Sigmon Group, LLC. (ldab, ) (Entered: 04/26/2007)
04/26/200714 ORDER Granting 13 Motion to Continue as to The Sigmon Group, LLC (1), ADJUDGED, ORDERED AND DECREED that the sentencing in this case set for Wednesday, July 11, 2007 commencing at 10:00 a.m. shall be rescheduled to a date on or before August 01, 2007. Entered and filed 04/26/07. (Signed by Judge Rebecca Beach Smith ) copies mailed on 04/26/07. (ldab, ) (Entered: 04/26/2007)
04/26/2007  Terminate Sentencing as to The Sigmon Group, LLC: (ldab, ) (Entered: 04/26/2007)
04/26/200715 ORDER Granting re 13 MOTION to Continue filed by The Sigmon Group, LLC, ADJUDGED, ORDERED AND DECREED that the bond of The Sigmon Group, LLC regarding the travel restrictions of its managing member, Kennis L. Sigmon, is modified (see order), entered and filed 04/26/07.( Signed by Judge Rebecca Beach Smith) copies mailed on 04/26/07. (ldab, ) (Entered: 04/26/2007)
04/27/2007  Set/Reset Hearings as to The Sigmon Group, LLC: Sentencing set for 8/1/2007 10:00 AM in N Courtroom 1 before District Judge Rebecca Beach Smith. (mgra) (Entered: 04/27/2007)
05/01/200716 ORDER as to The Sigmon Group, LLC. It is ADJUDGED, ORDERED AND DECREED that the bond of The Sigmon Group, LLC regarding the travel restrictions of its managing member, Kennis L. Sigmon, is modified. (Signed by Judge Rebecca Beach Smith ) copies mailed on 05/02/07. (ldab, ) (Entered: 05/02/2007)
05/08/200717 REVISION OF PLEA AGREEMENT by USA as to The Sigmon Group, LLC (ldab, ) (Entered: 05/11/2007)
05/15/200718 ADJUDGED, ORDERED AND DECREED that the Plea Agreement is modified to require that the defendant pay restitution to the United States in the amount of $642, 073.18 on or before July 25, 2007 as to The Sigmon Group, LLC, entered and filed 05/15/07. (Signed by Judge Rebecca Beach Smith) copies mailed on 05/15/07, ob. (ldab, ) (Entered: 05/15/2007)
05/23/200719 ORDER Amending Conditions of Release as to The Sigmon Group, LLC (1). Deft. Kennis L. Sigmon allowed to travel to NY, NY 5/24/07-5/25/07; Boston, MA 6/2/07-6/5/07; Frankfurt, Germany 6/8/07-6/13/07; Ft. Leonard Wood, MO 6/25/07-6/27/07; NY, NY 7/22/07-7/24/07. Signed by Judge Rebecca Beach Smith and filed on 5/23/07; Copies mailed 5/23/07. (kgri) (Entered: 05/23/2007)
06/08/200720 ORDER modifications of the travel restrictions as to The Sigmon Group, LLC. It is ADJUDGED, ORDERED AND DECREED that the bond of The Sigmond Group, LLC regarding the travel restrictions of its managing member, Kennis L. Sigmon, is modified to permit travel Kennis L. Sigmon to travel to Currituck County, North Carolina for vacation from June 15 through June 17, 2007. Entered and filed 06/08/07. (Signed by Judge Rebecca Beach Smith ) copies mailed on 06/08/07. (ldab, ) (Entered: 06/08/2007)
06/25/200721 ORDER modifications of the travel restrictions as to The Sigmon Group, LLC., entered and filed 06/25/07. (Signed by Judge Rebecca Beach Smith) copies mailed on 06/26/07. (ldab, ) (Entered: 06/26/2007)
07/19/200722 Travel ORDER as to The Sigmon Group, LLC, entered 07/18/07 and filed 07/19/07. (Signed by Judge Rebecca Beach Smith) copies mailed on 07/19/07. (ldab, ) (Entered: 07/19/2007)
07/19/200723 Position on Sentencing by USA as to The Sigmon Group, LLC (ldab, ) (Entered: 07/20/2007)
07/30/200724 MEMORANDUM In Aid Of Sentencing on Behalf of The Sigmon Group, LLC. (mnew) (Entered: 07/31/2007)
08/01/2007  SENTENCING proceedings held before Judge Rebecca Beach Smith: Robert J. Seidel, Jr., AUSA, Hunter W. Sims, Jr. and Patrick H. O'Donnell, retained counsel for defendant, and Jessee Shifflett, probation officer, present.Sentencing held on 8/1/2007 for The Sigmon Group, LLC (1), Count(s) 1-2, Probation: 5 years on count 1, and 5 years on count 2, all to run concurrently; Special Assessment: $400.00 on count 1, and $400.00 on count 2, for a total special assessment of $800.00; Restitution: $642,073.18 (pd. on 7/17/07); Fine: $500,000.00 on count 1, and $250,000.00 on count 2, for a total fine of $750,000.00. (Court Reporter Gloria Smith, OCR.) (mgra) (Entered: 08/03/2007)
08/03/200725 JUDGMENT as to The Sigmon Group, LLC (1), Count 1, Probation: 5 years; Special Assessment: 400.00; Fine: $500,000.00; Restitution: $642,073.18; Count 2, Probation: 5 years to run concurrently with count 1; Special Assessment: $400.00; Fine: $250,000.00. Signed by Judge Rebecca Beach Smith on 8/1/07 & filed on 8/3/07. copies distributed on 8/6/07 (ptom) (Entered: 08/06/2007)
09/07/200726 TRANSCRIPT of Proceedings (Sentencing) as to The Sigmon Group, LLC held on August 01, 2007 before Judge Rebecca Beach Smith. Court Reporter: Gloria S. Smith, OCR. (ldab, ) (Entered: 09/07/2007)
10/15/200727 Waiver of Hearing to modify conditions of probation/supervised release as to The Sigmon Group, LLC. Signed by Judge Rebecca Beach Smith on 10/12/07 & filed on 10/15/07. (ptom) (Entered: 10/15/2007)
02/26/2008  Set/Reset Hearings as to The Sigmon Group, LLC: Status Probation Hearing set for 3/26/2008, at 02:00 PM in N Courtroom 1 before Rebecca Beach Smith. (mgra) (Entered: 02/26/2008)
03/19/200828  MOTION TO AMEND TERMS OF PROBATION AND FOR APPROVAL OF SALE OF ASSETS OF THE SIGMON GROUP, LLC by The Sigmon Group, LLC. (ldab, ) (Entered: 03/20/2008)
03/19/200829 Memorandum in Support by The Sigmon Group, LLC re 28 MOTION TO AMEND TERMS OF PROBATION AND FOR APPROVAL OF SALE OF ASSETS OF THE SIGMON GROUP, LLC by The Sigmon Group, LLC. (ldab, ) (Entered: 03/20/2008)
03/19/2008  MOTION as to The Sigmon Group, LLC REFERRED to Judge Smith, USDJ. 28 MOTION to Amend Terms of Probation (ldab, ) (Entered: 03/21/2008)
03/21/200830 RESPONSE to Motion by USA as to The Sigmon Group, LLC re 28 MOTION to Amend Terms of Probation (ldab, ) (Entered: 03/21/2008)
03/26/2008  STATUS PROBATION HEARING AND MOTION HEARING proceedings held before Judge District Judge Rebecca Beach Smith: Alan M. Salsbury, AUSA, Robert J. Seidel, JR., AUSA, Hunter W. Sims, Jr. and Patrick H. O'Donnell counsel for defendant corporation, The Sigmon Group, LLC. Matter came on for for a Status Probation Hearing and a Motion Hearing. Motion Hearing as to The Sigmon Group, LLC held on 3/26/2008 re 28 MOTION to Amend/Correct filed by The Sigmon Group, LLC. Comments of court and counsel heard. For the reasons stated from the bench, the court denied defendant's motion to amend terms of probation and for approval of sale of assets of The Sigmon Group, LLC. (Court Reporter Gloria Smith, OCR.) (mgra) (Entered: 03/26/2008)
03/26/200831 ORDER Denying 28 Motion to Amend Terms of Probation as to The Sigmon Group, LLC (1), entered and filed 3/26/08. (Signed by Judge District Judge Rebecca Beach Smith ) copies mailed on 3/26/08, ob. (ldab, ) (Entered: 03/26/2008)
04/04/200832 TRANSCRIPT of Proceedings (Status Hearing) as to The Sigmon Group, LLC held on March 26, 2008 before Judge Rebecca Beach Smith. Court Reporter: Gloria S. Smith, OCR. (ldab, ) (Entered: 04/04/2008)
04/11/200833 SUPPLEMENTAL MOTION TO AMEND TERMS OF PROBATION AND FOR APPROVAL OF SALE OF ASSETS OF THE SIGMON GROUP, LLC by The Sigmon Group, LLC. (ldab, ) (Entered: 04/11/2008)
04/11/2008  MOTION as to The Sigmon Group, LLC REFERRED to Judge Smith, USDJ. 33 MOTION: SUPPLEMENTAL MOTION TO AMEND TERMS OF PROBATION AND FOR APPROVAL OF SALE OF ASSETS OF THE SIGMON GROUP, LLC (ldab, ) (Entered: 04/11/2008)
04/15/200834 RESPONSE to Motion by USA as to The Sigmon Group, LLC re 33 SUPPLEMENTAL MOTION TO AMEND TERMS OF PROBATION AND FOR APPROVAL OF SALE OF ASSETS OF THE SIGMON GROUP, LLC by The Sigmon Group, LLC.(ldab, ) (Entered: 04/16/2008)
04/17/200835 UNANIMOUS WRITTEN CONSENT OF THE BOARD OF MANAGERS FOR THE SIGMON GROUP, L.L.C. by The Sigmon Group, LLC (ldab, ) (Entered: 04/18/2008)
04/17/200836 CERTIFIED RESOLUTIONS AND INCUMBENCY CERTIFICATE FOR THE SIGMON GROUP L.L.C. by The Sigmon Group, LLC (ldab, ) (Entered: 04/18/2008)
04/17/200837 WRITTEN CONSENT OF DIRECTORS IN LIEU OF SPECIAL MEETING OF THE DIRECTORS OF PHOENIX GROUP OF VIRGINIA, INC. by The Sigmon Group, LLC (ldab, ) (Entered: 04/18/2008)
04/22/200838 STIPULATED ORDER as to The Sigmon Group, LLC, entered 4/21/08 and filed 4/22/08.( Signed by District Judge Rebecca Beach Smith ) copies mailed on 4/22/08, ob. (ldab, ) (Entered: 04/22/2008)
05/20/2008  Terminate Deadlines and Hearings as to The Sigmon Group, LLC: (ldab, ) (Entered: 05/20/2008)