TERMED

U.S. District Court
Eastern District of Kentucky (Covington)
CRIMINAL DOCKET FOR CASE #: 2:07-cr-00085-DLB All Defendants


Case title: USA v. Wolnitzek et al

Date Filed: 11/21/2007
Date Terminated: 07/22/2008

Assigned to: Judge David L. Bunning

Defendant (1)
Jeffrey W. Wolnitzek
TERMINATED: 07/22/2008
represented byMichael W. Bouldin
120 W. Fifth Street
Covington, KY 41011
859-491-2206
Fax: 859-491-2234
Email: mwbouldin@fuse.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

W. Robert Lotz
120 W. Fifth Street
Covington, KY 41011
859-491-2206
Fax: 859-491-2234
Email: parkerlotz@aol.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

David F. Fessler
Fessler, Schneider & Grimme
14 N. Grand Avenue
Ft. Thomas, KY 41075
859-291-9075
Fax: 859-291-9165
Email: dfessler@fsgattorneys.com
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
8:1324(a)(1)(A)(v)(I) CONSPIRED TO CONCEAL, HARBOR AND SHIELD ALIENS FROM DETECTION FOR THE PURPOSE OF COMMERCIAL ADVANTAGE AND PRIVATE FINANCIAL GAIN
(1)
EIGHT (8) MONTHS IMPRISONMENT. TWO (2) YEARS SUPERVISED RELEASE. $100.00 SPECIAL ASSESSMENT.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Judge David L. Bunning

Defendant (2)
Spectrum Interiors, Inc.
TERMINATED: 07/22/2008
represented byJ. Richard Chema
Porter, Wright, Morris & Arthur - Dayton
2100 First National Bank Building
P.O. Box 1805
Dayton, Oh 45401-1805
937-449-6741
Fax: 937-449-6820
Email: rchema@porterwright.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Designation: Retained

Kathleen M. Brinkman
Porter, Wright, Morris & Arthur - Cincinnati
250 E. Fifth Street
Suite 2200
Cincinnati, OH 45202-4199
513-369-4258
Fax: 513-421-0991
Email: kbrinkman@porterwright.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

David F. Fessler
(See above for address)
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
8:1324(a)(1)(A)(iii) AIDING AND ABETTING TO CONCEAL, HARBOR AND SHIELD ALIENS FROM DETECTION FOR THE PURPOSE OF COMMERCIAL ADVANTAGE AND PRIVATE FINANCIAL GAIN
(2)
TWO (2) YEARS PROBATION (UNSUPERVISED). $400.00 SPECIAL ASSESSMENT.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byRobert Kennedy McBride
U.S. Attorney's Office - Ft. Mitchell
207 Grandview Drive
Suite 400
Ft. Mitchell, KY 41017-2762
859-652-7033
Fax: 859-655-3211
Email: Robert.McBride@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

David Y. Olinger , Jr.
U.S. Attorney's Office, EDKY
260 W. Vine Street
Suite 300
Lexington, KY 40507-1612
859-685-4896
Fax: 859-233-2658
Email: David.Olinger@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
11/05/2007NOTICE BY UNITED STATES OF INTENT TO FILE INFORMATION AND MOTION FOR REARRAIGNMENT as to Jeffrey W. Wolnitzek, Spectrum Interiors, Inc. (TED) (Entered: 11/26/2007)
11/05/2007NOTICE OF UNITED STATES REGARDING RELATED PROSECUTIONS by USA as to Jeffrey W. Wolnitzek, Spectrum Interiors, Inc. (TED) (Entered: 11/26/2007)
11/06/2007ORDER as to Jeffrey W. Wolnitzek, Spectrum Interiors, Inc., ( Arraignment set for 11/21/2007 02:00 PM in Covington before David L. Bunning.). Signed by David L. Bunning on 11/6/07. (TED)cc: COR,USM,USP (Entered: 11/26/2007)
11/21/2007INFORMATION as to Jeffrey W. Wolnitzek (1) count(s) 1, Spectrum Interiors, Inc. (2) count(s) 2. C0UNT 3 IS A FORFEITURE COUNT AND IS NOT COUNTED STATISTICALLY. (Attachments: # 1 Case Assignment) (TED) (Entered: 11/26/2007)
11/21/2007Minute Entry for proceedings held before David L. Bunning: ARRAIGNMENT & REARRAIGNMENT as to Jeffrey W. Wolnitzek, Spectrum Interiors, Inc. held on 11/21/07. Defendant Jeffrey W. Wolnitzek pleads guilty to Count 1 of Information. Defendant Spectrum Interiors, Inc. pleads guilty to Count 2 of Information. Oral motion of U.S. to unseal matter is granted. Plea Agreement shall be filed in the record under seal. U.S. shall file Preliminary Judgment of Forfeiture in the record within 10 days. Own recognizance bond is set for Jeffrey W. Wolnitzek per separate Order Setting Conditions of Release. Dft Wolnitzek shall surrender his passport to U.S. Probation and shall not attempt to obtain another passport. Sentencing set for 2/29/2008 09:15 AM in Covington before David L. Bunning. Dft to remain on bond and conditions of release.(Court Reporter LISA WIESMAN.) (TED)cc: COR,USM,USP (Entered: 11/26/2007)
11/21/2007WAIVER OF INDICTMENT by Jeffrey W. Wolnitzek, Spectrum Interiors, Inc. (TED) (Entered: 11/26/2007)
11/21/2007SEALED PROPOSED PLEA AGREEMENT as to Jeffrey W. Wolnitzek, Spectrum Interiors, Inc. (filed under SEAL per 5 ) cc: COR, USP (TED) (Entered: 11/26/2007)
11/21/2007RESOLUTION on behalf of Spectrum Interiors, Inc. executed by Jeffrey W. Wolnitzek (TED) (Entered: 11/26/2007)
11/21/2007ORDER Setting Conditions of Release as to Jeffrey W. Wolnitzek (1) Own recognizance bond.. Signed by David L. Bunning on 11/21/07. (TED)cc: COR,USM,USP (Entered: 11/26/2007)
11/21/200710 Appearance Bond Entered as to Jeffrey W. Wolnitzek Own Recognizance. (TED) (Entered: 11/26/2007)
11/21/200711  MOTION for Leave for J. Richard Chema to Appear Pro Hac Vice Motions referred to J. Gregory Wehrman. as to Spectrum Interiors, Inc.. (Attachments: # 1 Affidavit of J. Richard Chema, # 2 Proposed Order, # 3 Receipt $65 filing fee for pro hac vice Chema)(TED) (Entered: 11/26/2007)
11/26/2007  *** MOTION SUBMITTED TO CHAMBERS JUDGE BUNNING FOR REVIEW as to Jeffrey W. Wolnitzek, Spectrum Interiors, Inc. re 11 MOTION for Leave for J. Richard Chema to Appear Pro Hac Vice (TED) (Entered: 11/26/2007)
11/26/200712 SENTENCING ORDER as to Jeffrey W. Wolnitzek, Spectrum Interiors, Inc., ( Sentencing set for 2/29/2008 09:15 AM in Covington before David L. Bunning.) The parties shall comply with paragraphs 1-12. Signed by David L. Bunning on 11/25/07. (TED)cc: COR,USM,USP (Entered: 11/26/2007)
11/26/2007  Conflict Check run. (TED) (Entered: 11/26/2007)
11/27/200713 ORDER granting 11 Motion for Leave to Appear pro hac vice for Attorney J. Richard Chema for Spectrum Interiors, Inc.. as to Spectrum Interiors, Inc. (2). Signed by Judge J. Gregory Wehrman on 11/27/07. (TED)cc: COR,USM,USP, J. Richard Chema w/copy ECF registration form and Mandatory ECF Order. Modified adding ECF info on 11/28/2007 (TED). (Entered: 11/28/2007)
11/30/200714 NOTICE REGARDING UNITED STATES PASSPORT FOR CRIMINAL DEFENDANT Jeffrey Wolnitzek. Defendant is not permitted to apply for issuance of passport during pendency of this action. Dft surrendered passport to custody of U.S. Probation on 11/21/07 (TED) (Entered: 11/30/2007)
12/18/200715 NOTICE OF FILING Preliminary Judgment of Forfeiture by USA as to Jeffrey W. Wolnitzek, Spectrum Interiors, Inc. (Attachments: # 1 Proposed Order)(Olinger, David) (Entered: 12/18/2007)
01/22/200816 FIRST MOTION to Continue by USA the sentencing hearing as to Jeffrey W. Wolnitzek, Spectrum Interiors, Inc.. (Attachments: # 1 Proposed Order)(McBride, Robert) (Entered: 01/22/2008)
01/23/2008  *** MOTION SUBMITTED TO CHAMBERS JUDGE BUNNING FOR REVIEW as to Jeffrey W. Wolnitzek, Spectrum Interiors, Inc. re 16 FIRST MOTION to Continue by USA the sentencing hearing (TED) (Entered: 01/23/2008)
01/23/200817 ORDER as to Jeffrey W. Wolnitzek, Spectrum Interiors, Inc.: 16 MOTION to Continue sentencing by USA is GRANTED. Sentencing reset for 4/23/2008 10:00 AM in Covington before David L. Bunning.. Signed by David L. Bunning on 1/23/08. (TED)cc: COR,USM,USP (Entered: 01/23/2008)
02/25/200818 ORDER as to Jeffrey W. Wolnitzek: It is ordered that the correspondence received 2/25/08 regarding dft Wolnitzek be FILED of record and a copy of said correspondence be served upon USA and dft's counsel. Signed by David L. Bunning on 2/25/08. (TED)cc: COR,USM,USP (Entered: 02/25/2008)
02/25/200819 Letter from Ohio and Vicinity Regional Council of Carpenters to Judge David L. Bunning re: Jeffrey W. Wolnitzek and Spectrum Interiors FILED pursuant to Order 18 . cc: COR,USPO,USM (TED) (Entered: 02/25/2008)
02/26/200820 ORDER as to Jeffrey W. Wolnitzek: It is ordered that correspondence received on 2/26/08 regarding dft is FILED of record. A copy of said correspondence be served upon the USA and dft's counsel. Signed by David L. Bunning on 2/26/08. (TED)cc: COR,USP (Entered: 02/27/2008)
02/26/200821 Letter filed pursuant to Order 20 as to dft Jeffrey W. Wolnitzek. (TED) (Entered: 02/27/2008)
02/27/200822 ORDER as to Jeffrey W. Wolnitzek: It is ordered that correspondence received 2/27/08 re: dft Wolnitzek is FILED of record. A copy of said correspondence to be served upon the U.S. and dft's counsel. Signed by David L. Bunning on 2/27/08. (TED)cc: COR,USM,USP (Entered: 02/28/2008)
02/27/200823 Letter re: dft Jeffrey Wolnitzek filed pursuant to Order 22 . cc: COR (TED) (Entered: 02/28/2008)
03/03/200824 ORDER as to Jeffrey W. Wolnitzek. It is ordered that correspondence received on 3/3/08 on behalf of dft be FILED of record. Copy of said correspondence be served upon the U.S. and dft's counsel. Signed by David L. Bunning on 3/3/2008. (KRS)cc: COR,USM,USP (Entered: 03/04/2008)
03/03/200825 Letter received on behalf of Jeffrey W. Wolnitzek filed in record pursuant to Order 24 . cc: COR (KRS) (Entered: 03/04/2008)
04/04/200826 ORDER as to Jeffrey W. Wolnitzek, Spectrum Interiors, Inc., Sentencing rescheduled for June 30, 2008 at 2:30 PM. Signed by David L. Bunning on 4/4/08. (TED)cc: COR,USM,USP (Entered: 04/04/2008)
06/26/200827  MOTION to Continue by Jeffrey W. Wolnitzek Motion to Continue Sentencing as to Jeffrey W. Wolnitzek, Spectrum Interiors, Inc.. (Attachments: # 1 Proposed Order)(Lotz, W.) (Entered: 06/26/2008)
06/27/2008  *** MOTION SUBMITTED TO CHAMBERS JUDGE BUNNING FOR REVIEW as to Jeffrey W. Wolnitzek, Spectrum Interiors, Inc. re 27 MOTION to Continue by Jeffrey W. Wolnitzek (TED) (Entered: 06/27/2008)
06/27/200828 ORDER as to Jeffrey W. Wolnitzek, Spectrum Interiors, Inc.: 27 MOTION to Continue sentencing filed by Jeffrey W. Wolnitzek, Spectrum Interiors is GRANTED. Sentencing reset for 7/21/2008 02:30 PM in Covington before Judge David L. Bunning.. Signed by David L. Bunning on 6/27/08. (TED)cc: COR,USM,USP (Entered: 06/27/2008)
07/21/200831 PLEA AGREEMENT Accepted and filed as to Jeffrey W. Wolnitzek, Spectrum Interiors, Inc. cc: COR,USP (KRS) (Entered: 07/23/2008)
07/21/200832 SEALED PSR Rule 32(C) info as to Jeffrey W. Wolnitzek (KRS) (Entered: 07/23/2008)
07/21/200833 SEALED PRESENTENCE INVESTIGATION REPORT as to Jeffrey W. Wolnitzek (KRS) (Entered: 07/23/2008)
07/21/200834 SEALED PSR Rule 32(C) info as to Spectrum Interiors, Inc. (KRS) (Entered: 07/23/2008)
07/21/200835 SEALED PRESENTENCE INVESTIGATION REPORT as to Spectrum Interiors, Inc. (KRS) (Entered: 07/23/2008)
07/21/200836 Court Advice Re: Appeal by Jeffrey W. Wolnitzek, Spectrum Interiors, Inc. (KRS) (Entered: 07/23/2008)
07/22/200829 MINUTE ENTRY FOR SENTENCING as to Jeffrey W. Wolnitzek held on 7/21/2008 before David L. Bunning: No objs. to PSR; By agreement of parties, written plea agreement unsealed, accepted and filed in record; Judgment shall be entered (see J/C); Counsel for dft. shall file request for designation of institution no later than noon on 7/23/2008; Dft. to remain on bond and on conditions of release. (Court Reporter LISA WIESMAN.) (KRS)cc: COR,USM,USP (Entered: 07/23/2008)
07/22/200830 MINUTE ENTRY FOR SENTENCING as to Spectrum Interiors, Inc. held on 7/21/2008 before David L. Bunning: No objs. to PSR; Judgment shall be entered (see J/C). (Court Reporter LISA WIESMAN.) (KRS)cc: COR,USM,USP (Entered: 07/23/2008)
07/22/200838 JUDGMENT UPON PLEA OF GUILTY as to Jeffrey W. Wolnitzek (1), Count 1, EIGHT (8) MONTHS IMPRISONMENT. Court recommends FPC Manchester, KY. Def to self-surrender by 9/8/2008. TWO (2) YEARS SUPERVISED RELEASE. Drug testing is suspended; Def not to possess a firearm; Def to cooperate in collection of DNA. STANDARD CONDITIONS OF SUPERVISION APPLY. Special Conditions of Sueprvision include: Def to pay to the U.S. the sum of $2,000,000.00 in the form of a money judgment in lieu of forfeiture on behalf of Spectrum Interiors, Inc. The terms of payment are as follows: by sentencing, Jeffrey W. Wolnitzek to pay $500,000.00; followed by quarterly payments in the amount of $187,500.00 with the first payment due 90 days after the date of sentencing and additional payments made every 90 days thereafter. Money Judgment to be made payable to: DHS, U.S. Customs and Immigration Enforcement, Attn: David Y. Olinger, Jr. 260 W. Vine Street, Suite 300, Lexington, KY 40507. $100.00 SPECIAL ASSESSMENT due immediately.. Signed by Judge David L. Bunning. (LSG)(cc: Paper copy w/ NOE to COR & copy of SOR; Paper Copy to USM x 1 cert. copy; Paper Copy to USP x 2 cert. copies w/ original SOR; electronic copy to Finance) (Entered: 07/25/2008)
07/22/200839 JUDGMENT UPON PLEA OF GUILTY as to Spectrum Interiors, Inc. (2), Count 2, TWO (2) YEARS PROBATION (UNSUPERVISED). STANDARD CONDITIONS OF SUPERVISION APPLY $400.00 SPECIAL ASSESSMENT. Pursuant to written Plea Agreement, def to pay to the U.S. the sum of $2,000,000.00 in the form of a money judgment in lieu of forfeiture on behalf of Spectrum Interiors, Inc.. Signed by Judge David L. Bunning. (LSG)(cc: Paper copy w/ NOE to COR & copy of SOR; Paper Copy to USM x 1 cert. copy; Paper Copy to USP x 2 cert. copies w/ original SOR; electronic copy to Finance) (Entered: 07/25/2008)
07/23/200837 NOTICE Request for Institutional Designation (Lotz, W.) (Entered: 07/23/2008)
07/24/2008  *** FILE SUBMITTED TO CHAMBERS FOR REVIEW as to Jeffrey W. Wolnitzek, Spectrum Interiors, Inc. re 15 Notice of Filing Preliminary Judgment of Forfeiture (TED) (Entered: 07/24/2008)
07/28/200840 PRELIMINARY JUDGMENT OF FORFEITURE as to Jeffrey W. Wolnitzek, Spectrum Interiors, Inc.; 1)Following property is forfeited to U.S.: (a)Money Judgment - $2,000,000.00 (Two Million Dollars), in U.S. currency, which is derived from or is traceable to the proceeds obtained directly/indirectly from the commission of the offenses, for which the defs are jointly and severally liable; 2)U.S. to retain jurisdiction in the case for purpose of enforcing this Order; 3)This Order of Forfeiture to become final as to the def at the time of sentencing and shall be made part of the sentence and included in the judgment; 4)Payments toward the Money Judgment to be followed by terms in the Plea Agreement. If terms are not met, the U.S. may move to amend this Order of Forfeiture to substitute property having a value not to exceed $2,000,000.00 to satisfy the money judgment in whole. Signed by David L. Bunning on 7/28/2008. (LSG)cc: COR,USM,USP (Entered: 07/28/2008)
07/29/200841 CERTIFICATE OF OFFICIAL COURT REPORTER re Audiotaped proceeding of Plea held on 11/21/2007 and Sentencing held on 7/21/2008 as to Jeffrey W. Wolnitzek before Judge David L. Bunning. COURT REPORTER: LISA WIESMAN (Original audiotape maintained in Clerk's office.) (LSG) (Entered: 07/29/2008)
12/09/200942 NOTICE OF ATTORNEY APPEARANCE: David F. Fessler appearing for Spectrum Interiors, Inc. (Fessler, David) (Entered: 12/09/2009)
12/09/200943 NOTICE OF ATTORNEY APPEARANCE: David F. Fessler appearing for Jeffrey W. Wolnitzek (Fessler, David) (Entered: 12/09/2009)
12/11/200944  SEALED MOTION (LST) (Entered: 12/11/2009)
12/11/200945  SEALED MOTION (LST) (Entered: 12/11/2009)
12/11/200947  SEALED MOTION (TED) (Entered: 01/05/2010)
12/11/200948  SEALED MOTION (TED) (Entered: 01/05/2010)
01/05/201046 SEALED ORDER:. Signed by Judge David L. Bunning on 1/5/10. (TED) (Entered: 01/05/2010)
01/05/201049 SEALED ORDER: Signed by Judge David L. Bunning on 1/5/10. (TED) (Entered: 01/05/2010)
01/05/201050 SEALED ORDER: Signed by Judge David L. Bunning on 1/5/10. (TED) (Entered: 01/05/2010)
04/04/2011  Clerk's Note: as to Jeffrey W. Wolnitzek, Spectrum Interiors, Inc.: re 31 Plea Agreement Accepted returned to U.S. Attorney's office this date (LMB) (Entered: 04/04/2011)
04/08/201151 Receipt for Plea Agreement received by USA as to Jeffrey W. Wolnitzek, Spectrum Interiors, Inc. (KRS) (Entered: 04/11/2011)