| TERMED |
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) |
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|
Jeffrey W. Wolnitzek
TERMINATED: 07/22/2008 |
represented by | Michael 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) |
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|
Spectrum Interiors, Inc.
TERMINATED: 07/22/2008 |
represented by | J. 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 |
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| USA | represented by | Robert 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 |
|---|---|---|
| 11/05/2007 | 1 | NOTICE 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) |
| 11/05/2007 | 2 | NOTICE OF UNITED STATES REGARDING RELATED PROSECUTIONS by USA as to Jeffrey W. Wolnitzek, Spectrum Interiors, Inc. (TED) (Entered: 11/26/2007) |
| 11/06/2007 | 3 | ORDER 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) |
| 11/21/2007 | 4 | INFORMATION 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) |
| 11/21/2007 | 5 | Minute 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) |
| 11/21/2007 | 6 | WAIVER OF INDICTMENT by Jeffrey W. Wolnitzek, Spectrum Interiors, Inc. (TED) (Entered: 11/26/2007) |
| 11/21/2007 | 7 | SEALED PROPOSED PLEA AGREEMENT as to Jeffrey W. Wolnitzek, Spectrum Interiors, Inc. (filed under SEAL per 5 ) cc: COR, USP (TED) (Entered: 11/26/2007) |
| 11/21/2007 | 8 | RESOLUTION on behalf of Spectrum Interiors, Inc. executed by Jeffrey W. Wolnitzek (TED) (Entered: 11/26/2007) |
| 11/21/2007 | 9 | ORDER 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) |
| 11/21/2007 | 10 | Appearance Bond Entered as to Jeffrey W. Wolnitzek Own Recognizance. (TED) (Entered: 11/26/2007) |
| 11/21/2007 | 11 | 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) | |
| 11/26/2007 | 12 | 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) | |
| 11/27/2007 | 13 | 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) |
| 11/30/2007 | 14 | 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) |
| 12/18/2007 | 15 | 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) |
| 01/22/2008 | 16 | 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) | |
| 01/23/2008 | 17 | 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) |
| 02/25/2008 | 18 | 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) |
| 02/25/2008 | 19 | 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) |
| 02/26/2008 | 20 | 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) |
| 02/26/2008 | 21 | Letter filed pursuant to Order 20 as to dft Jeffrey W. Wolnitzek. (TED) (Entered: 02/27/2008) |
| 02/27/2008 | 22 | 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) |
| 02/27/2008 | 23 | Letter re: dft Jeffrey Wolnitzek filed pursuant to Order 22 . cc: COR (TED) (Entered: 02/28/2008) |
| 03/03/2008 | 24 | 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) |
| 03/03/2008 | 25 | Letter received on behalf of Jeffrey W. Wolnitzek filed in record pursuant to Order 24 . cc: COR (KRS) (Entered: 03/04/2008) |
| 04/04/2008 | 26 | 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) |
| 06/26/2008 | 27 | 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) | |
| 06/27/2008 | 28 | 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) |
| 07/21/2008 | 31 | PLEA AGREEMENT Accepted and filed as to Jeffrey W. Wolnitzek, Spectrum Interiors, Inc. cc: COR,USP (KRS) (Entered: 07/23/2008) |
| 07/21/2008 | 32 | SEALED PSR Rule 32(C) info as to Jeffrey W. Wolnitzek (KRS) (Entered: 07/23/2008) |
| 07/21/2008 | 33 | SEALED PRESENTENCE INVESTIGATION REPORT as to Jeffrey W. Wolnitzek (KRS) (Entered: 07/23/2008) |
| 07/21/2008 | 34 | SEALED PSR Rule 32(C) info as to Spectrum Interiors, Inc. (KRS) (Entered: 07/23/2008) |
| 07/21/2008 | 35 | SEALED PRESENTENCE INVESTIGATION REPORT as to Spectrum Interiors, Inc. (KRS) (Entered: 07/23/2008) |
| 07/21/2008 | 36 | Court Advice Re: Appeal by Jeffrey W. Wolnitzek, Spectrum Interiors, Inc. (KRS) (Entered: 07/23/2008) |
| 07/22/2008 | 29 | 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) |
| 07/22/2008 | 30 | 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) |
| 07/22/2008 | 38 | 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) |
| 07/22/2008 | 39 | 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) |
| 07/23/2008 | 37 | 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) | |
| 07/28/2008 | 40 | 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) |
| 07/29/2008 | 41 | 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) |
| 12/09/2009 | 42 | NOTICE OF ATTORNEY APPEARANCE: David F. Fessler appearing for Spectrum Interiors, Inc. (Fessler, David) (Entered: 12/09/2009) |
| 12/09/2009 | 43 | NOTICE OF ATTORNEY APPEARANCE: David F. Fessler appearing for Jeffrey W. Wolnitzek (Fessler, David) (Entered: 12/09/2009) |
| 12/11/2009 | 44 | SEALED MOTION (LST) (Entered: 12/11/2009) |
| 12/11/2009 | 45 | SEALED MOTION (LST) (Entered: 12/11/2009) |
| 12/11/2009 | 47 | SEALED MOTION (TED) (Entered: 01/05/2010) |
| 12/11/2009 | 48 | SEALED MOTION (TED) (Entered: 01/05/2010) |
| 01/05/2010 | 46 | SEALED ORDER:. Signed by Judge David L. Bunning on 1/5/10. (TED) (Entered: 01/05/2010) |
| 01/05/2010 | 49 | SEALED ORDER: Signed by Judge David L. Bunning on 1/5/10. (TED) (Entered: 01/05/2010) |
| 01/05/2010 | 50 | 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) | |
| 04/08/2011 | 51 | Receipt for Plea Agreement received by USA as to Jeffrey W. Wolnitzek, Spectrum Interiors, Inc. (KRS) (Entered: 04/11/2011) |