TERMINATED

U.S. District Court
District of Oregon (Portland)
CRIMINAL DOCKET FOR CASE #: 3:07-cr-00381-HA-2


Case title: USA v. Spencer et al

Date Filed: 09/27/2007
Date Terminated: 06/05/2008

Assigned to: Judge Ancer L. Haggerty

Defendant (2)
Spencer Environmental Inc
TERMINATED: 06/05/2008
represented byPer A. Ramfjord
Stoel Rives LLP
900 SW 5th Avenue
Suite 2600
Portland, OR 97204
(503) 294-9257
Fax: (503) 220-2480
Email: paramfjord@stoel.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
ILLEGAL TREATMENT & DISPOSAL OF HAZARDOUS SITe WASTE
(1)
FINE: $75,000.00. COMMUNITY SERVICE PAYMENT TO THE OREGON GOVERNOR'S FUND FOR THE ENVIRONMENT: $75,000.00. THE INTEREST REQUIREMENT IS WAIVED. THE LUMP SUM PAYMENT OF $150,000.00 IS DUE IMMEDIATELY. SPECIAL ASSESSMENT: $1200.00.
ILLEGAL TREATMENT & DISPOSAL OF HAZARDOUS NIEMI OIL WASTE
(2)
FINE: $75,000.00. COMMUNITY SERVICE PAYMENT TO THE OREGON GOVERNOR'S FUND FOR THE ENVIRONMENT: $75,000.00. THE INTEREST REQUIREMENT IS WAIVED. THE LUMP SUM PAYMENT OF $150,000.00 IS DUE IMMEDIATELY. SPECIAL ASSESSMENT: $1200.00.
STORES/TREATS/TRANSPORTS ETC. - RE-USED OIL
(3)
FINE: $75,000.00. COMMUNITY SERVICE PAYMENT TO THE OREGON GOVERNOR'S FUND FOR THE ENVIRONMENT: $75,000.00. THE INTEREST REQUIREMENT IS WAIVED. THE LUMP SUM PAYMENT OF $150,000.00 IS DUE IMMEDIATELY. SPECIAL ASSESSMENT: $1200.00.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byDwight C. Holton
United States Attorney's Office
1000 S.W. Third Avenue
Suite 600
Portland, OR 97204
(503) 727-1128
Fax: (503) 727-1117
Email: dwight.holton@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
09/27/20071Felony Information as to Donald M Spencer (1) count 3 - MISHANDLING OF USED OIL; Spencer Environmental Inc (2) count 1 - ILLEGAL TREATMENT & DISPOSAL OF HAZARDOUS SITe WASTE; count 2 - ILLEGAL TREATMENT & DISPOSAL OF HAZARDOUS NIEMI OIL WASTE; & count 3 - MISHANDLING OF USED OIL. (mkk) (Entered: 09/28/2007)
09/27/20072Notice of Case Assignment to Judge Ancer L. Haggerty. (mkk) (Entered: 09/28/2007)
10/01/2007Scheduling Order by Judge Ancer L. Haggerty as to Donald M Spencer and Spencer Environmental Inc. Order setting a First Appearance, Arraignment and Plea for October 12, 2007 at 9:00AM before Chief Judge Ancer L. Haggerty. (jlr) (Entered: 10/01/2007)
10/12/20076Waiver of Indictment by Spencer Environmental Inc (jlr) (Entered: 10/12/2007)
10/12/2007Record of First Appearance, Arraignment and Plea Hearing before Judge Ancer L. Haggerty as to Defendant Spencer Environmental Inc. The corporation appeared through its representative, Donald Spencer. Arraignment held. Defendant advised of waiver of right to appeal. Copy of consent of Board of Directors filed. Defendant enters a Guilty Plea to Counts 1-3 of the Information. The Court accepts the Guilty Plea. Sentencing is set for January 14, 2008 at 9:30 AM before Chief Judge Ancer L. Haggerty.Counsel Present for Plaintiff: Dwight Holton.Counsel Present for Defendant: Per Ramfjord.(Court Reporter Dennis Apodaca) (jlr) (Entered: 10/12/2007)
10/12/200711Plea Petition with attached Plea Agreement as to Defendant Spencer Environmental Inc. signed by Judge Ancer L. Haggerty. (eo) (Entered: 10/15/2007)
10/12/200712Unanimous Written Consent (faxed copy) of The Board of Directors of Spencer Environmental, Inc. as to Spencer Environmental Inc (schm) (Entered: 10/17/2007)
01/04/200813 Scheduling Order by Judge Ancer L. Haggerty as to Donald M Spencer, and Spencer Environmental Inc. At request of U.S. Probation, Order resetting the Sentencing from January 14, 2008 to April 7, 2008 at 9:30 AM before Chief Judge Ancer L. Haggerty. (jlr) (Entered: 01/04/2008)
03/13/200814 Motion to Continue / Reset Sentencing filed by USA as to Donald M Spencer, Spencer Environmental Inc. (Holton, Dwight) (Entered: 03/13/2008)
03/14/200815 Record of ORDER by Judge Ancer L. Haggerty Granting 14 defendants Motion to Continue Sentencing date as to Donald M Spencer (1), and Spencer Environmental Inc (2). Order resetting the Sentencing from April 7, 2008 to May 9, 2008 at 9:30 AM before Chief Judge Ancer L. Haggerty. (jlr) (Entered: 03/14/2008)
04/17/200816Unopposed Motion to Continue / Reset Sentencing Date by Defendants by Donald M Spencer, Spencer Environmental Inc. (Ramfjord, Per) (Entered: 04/17/2008)
04/24/200817 Record of ORDER by Judge Ancer L. Haggerty Granting 16 Defendant's Motion to Continue Sentencing as to Donald M Spencer (1), and Spencer Environmental Inc (2). Order resetting the sentencing hearing from May 9, 2008 to May 29, 2008 at 10:00 AM before Chief Judge Ancer L. Haggerty. (reserve 1 - 1/2 hours) (jlr) (Entered: 04/24/2008)
05/21/200818Joint Motion to Continue / Reset Sentencing Date by Donald M Spencer, Spencer Environmental Inc. (Ramfjord, Per) (Entered: 05/21/2008)
05/23/200819 Record of ORDER by Judge Ancer L. Haggerty Granting 18 Joint Motion to Continue Sentencing Date as to Donald M Spencer (1), and Spencer Environmental Inc (2). Sentencing is reset from May 29, 2008 to June 5, 2008 at 10:00 AM before Chief Judge Ancer L. Haggerty. (Allow 1 to 1 & 1/2 hrs). (jlr) (Entered: 05/23/2008)
05/28/200820 Sentencing Memorandum filed by USA as to Donald M Spencer, Spencer Environmental Inc (Attachments: # 1 Exhibit 1 (Spencer Plea Agreement)) (Holton, Dwight) (Entered: 05/28/2008)
06/05/200821 Minutes of Sentencing Hearing before Judge Ancer L. Haggerty as to Defendant Donald M Spencer(1), and Spencer Environmental Inc.(2). Defendant Donald Spencer ordered to report to the US Marshal this date, and allowed to voluntarily surrender to the Bureau of Prisons on July 17, 2008. The Court recommends Sheridan Prison Camp. See Formal Judgment. Defendants advised of waiver of right to appeal.Counsel Present for Plaintiff: Dwight Holton.Counsel Present for Defendant: Per Ramfjord.(Court Reporter Dennis Apodaca) (jlr) (Entered: 06/05/2008)
06/05/200824Judgment & Commitment as to Spencer Environmental Inc (2), Counts 1, 2, 3 - FINE: $75,000.00. COMMUNITY SERVICE PAYMENT TO THE OREGON GOVERNOR'S FUND FOR THE ENVIRONMENT: $75,000.00. THE INTEREST REQUIREMENT IS WAIVED. THE LUMP SUM PAYMENT OF $150,000.00 IS DUE IMMEDIATELY.SPECIAL ASSESSMENT: $1200.00. by Judge Ancer L. Haggerty signed on 6/5/08. (mkk) (Entered: 06/06/2008)
06/05/200825Statement of Reasons as to Spencer Environmental Inc (NOTE: This document is filed under seal and will be served conventionally) by Judge Ancer L. Haggerty signed on 6/5/08. (mkk) (Entered: 06/06/2008)
10/24/2008   Clerk's Notice of Disbursement: Final community service payments were disbursed to the recipient(s) of Defendant Spencer Environmental Inc. All court ordered criminal monetary debt obligations as to this defendant in this case have been fully satisfied. (Related Document: Judgment & Commitment, 24 .) (TR) (Entered: 10/24/2008)