CLOSED

U.S. District Court
Southern District of New York (Foley Square)
CRIMINAL DOCKET FOR CASE #: 1:00-cr-01081-LAK All Defendants


Case title: USA v. Sotheby's Holdings

Date Filed: 10/05/2000
Date Terminated: 02/06/2001

Assigned to: Judge Lewis A. Kaplan

Defendant (1)
Sotheby's Holdings Inc.
TERMINATED: 02/06/2001
represented bySteven Alan Reiss
Weil, Gotshal & Manges LLP (NYC)
767 Fifth Avenue, Suite 3358-2
New York, NY 10153
2123108000
Fax: 2128333148
Email: steven.reiss@weil.com
LEAD ATTORNEY
Designation: Retained

Pending Counts

Disposition
15:1.F ANTITRUST VIOLATIONS
(1)
The defendant shall pay a fine of $45,000,000.00.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA

Date Filed #Docket Text
10/05/2000WAIVER OF INDICTMENT by Sotheby's Holdings (rag) (Entered: 10/05/2000)
10/05/2000INFORMATION - Felony as to Sotheby's Holdings (1) count(s) 1 (rag) (Entered: 10/05/2000)
10/05/2000  First Appearance as to Sotheby's Holdings held (rag) (Entered: 10/05/2000)
10/05/2000  Arraignment as to Sotheby's Holdings held Sotheby's Holdings (1) count(s) 1 before Magistrate Judge Kevin Nathaniel Fox. Atty Steven Reiss present. Mr. Pilsbury present (V.P. of Sotheby's) and enters a not guilty plea on behalf of Sotheby's. Case assigned to J. Kaplan. (rag) Modified on 10/05/2000 (Entered: 10/05/2000)
10/05/2000  PLEA entered by Sotheby's Holdings . Court accepts plea. Not Guilty: Sotheby's Holdings (1) count(s) 1 (rag) (Entered: 10/05/2000)
10/05/2000  CASE Assigned to Judge Lewis A. Kaplan (rag) (Entered: 10/05/2000)
10/05/2000Filed Sotheby's Holdings, Inc. Secretary's Certificate. (rag) (Entered: 10/05/2000)
10/05/2000Filed Plea Agreement. (rag) (Entered: 10/05/2000)
10/05/2000  Change of Plea Hearing as to Sotheby's Holdings held. Deft. present w/atty S. Reiss, AUSA J. Greene, Patricia Jannaco and court rep. B. Rainoff present. Deft. w/d not guilty plea and pleads guilty as charged. The court reserves decision. PSR ordered. Sentencing set for 12/4/00 at 10 a.m. (rag) (Entered: 10/06/2000)
10/05/2000  Change of Not Guilty Plea to Guilty Plea by Sotheby's Holdings Sotheby's Holdings (1) count(s) 1 (rag) (Entered: 10/06/2000)
10/05/2000  PLEA entered by Sotheby's Holdings . Court accepts plea. Guilty: Sotheby's Holdings (1) count(s) 1 (rag) (Entered: 10/06/2000)
10/05/2000  Court Orders pre-sentence investigation as to Sotheby's Holdings (rag) (Entered: 10/06/2000)
10/05/2000  Sentencing set for 10:00 12/4/00 for Sotheby's Holdings , Sotheby's Holdings (1) count(s) 1 (rag) (Entered: 10/06/2000)
10/11/2000NOTICE of Appearance for Sotheby's Holdings by Attorney Steven A. Reiss (rag) (Entered: 10/12/2000)
10/17/2000ORDER as to Sotheby's Holdings, Time excluded from 10/5/00 until the dated on which the Court renders a decision on the tendered plea is excluded in computing the time within which the trial must commence, pursuant to 18 U.S.C. 3161(h)(1)(I). ( Signed by Judge Lewis A. Kaplan ); Copies (mr) (Entered: 10/18/2000)
11/22/2000SENTENCING MEMORANDUM by USA as to Sotheby's Holdings (mr) (Entered: 11/27/2000)
11/30/2000ORDER as to Sotheby's Holdings, that the hearing concerning whether the Court will accept defendant's plea of guilty is adjourned until February 2, 2001 immediately following the hearing on the proposed class action settlement in In re Auction Houses Antitrust Litigation, 00 Civ. 0648 (LAK). ( Signed by Judge Lewis A. Kaplan ); Copies mailed. (rag) (Entered: 11/30/2000)
12/28/2000TRANSCRIPT of record of proceedings as to Sotheby's Holdings for dates of 10/5/00. (db) (Entered: 12/28/2000)
01/30/200110 ORDER as to Sotheby's Holdings, Inc. Under the U.S. Sentencing Guidelines, the Court may impose the proposed fine of $45 million, which both sides agree is below the minimum fine required by the Guidelines, only if it finds that Sotheby's likely would be unable to pay a minimum Guidelines fine "even with the use of a reasonable installment schedule." USSG Section 8C3.3(b). Further, the parties disagree as to the Guideline fine range, a disagreement that turns on whether Sotheby's has satisfied the requirements of USSG Section 8C2.5(g)(2). The information the parties have provided both with respect to ability to pay and with respect to whether Sotheby's has satisfied USSG Section 8C2.5(g)(2) is quite limited. If the parties wish to make any further submissions on those points, they shall do so no later than 4 p.m. on February 1, 2001. ( Signed by Judge Lewis A. Kaplan ); Copies mailed. (bw) (Entered: 01/30/2001)
02/02/2001  Sentencing held Sotheby's Holdings (1) count(s) 1 (mr) (Entered: 02/07/2001)
02/06/200111 FILED JUDGMENT in a CRIMINAL CASE. Defendant present with attorney Steven Reiss. The defendant is sentenced as provided in pages 2 through 4 of this judgment. The sentence imposed pursuant to the Sentencing Reform Act of 1984. It is ordered that the defendant shall pay a special assessments of $400, for count 1, which shall be due immediately. It is further ordered that the defendant shall notify the United States Attorney for this district within 30 days of any change of name, residence, or mailing address until all fines, restitution costs, and special assessments imposed by this judgment are fully paid. Sotheby's Holdings (1) count(s) 1. The defendant shall pay a fine of $45,000,000.00. Statement of reasons attached. Judgment and Commitment issued to U.S. Marshal ( Signed by Judge Lewis Kaplan ) (mr) (Entered: 02/07/2001)
02/06/200112 SEALED DOCUMENT as to Sotheby's Holdings (da) (Entered: 02/09/2001)
02/08/2001  Judgment entered in money judgment book as # 01,0255 as to Sotheby's Holdings (sl) (Entered: 02/08/2001)
04/05/200113 TRANSCRIPT of record of proceedings as to Sotheby's Holdings for dates of 2/2/01. (tp) (Entered: 04/05/2001)
06/07/2001  Payment of Fine by Sotheby's Holdings in the amount of $3,000,000.00: Date Received: 6/7/01. (mn) (Entered: 06/07/2001)
02/07/2002  Payment of Fine by Sotheby's Holdings in the amount of $3,000,000.00: Date Received: 2/7/02. (mn) (Entered: 02/07/2002)
02/06/2003  Payment of Fine by Sotheby's Holdings in the amount of $6,000,000.00 wire transfer: Date Received: 2/6/03. (mn) (Entered: 02/06/2003)
02/07/2005  Payment of Fine from Sotheby's Holdings Inc. in the amount of $12,000,000.00. Date Received: 2/7/05. (mn, ) (Entered: 02/07/2005)
06/06/2005  Payment of Fine from Sotheby's Holdings Inc. in the amount of $400.00. Date Received: 5/24/2005. (mli, ) (Entered: 06/06/2005)
02/07/2006  Payment of Fine from Sotheby's Holdings Inc. in the amount of $15,000,000.00. Date Received: 2/7/06. (mn, ) (Entered: 02/07/2006)
05/25/200614 SATISFACTION OF JUDGMENT as to Sotheby's Holdings Inc. re 11 Judgment in the amount of $45,000,400.00. Judgment satisfied on 5/25/06. (jw, ) (Entered: 05/31/2006)