U.S. District Court
Eastern District of California - Live System (Sacramento)
CRIMINAL DOCKET FOR CASE #: 2:12-cr-00025-MCE All Defendants


Case title: USA v. Stancil Enterprises, Inc. et al

Date Filed: 01/26/2012

Assigned to: Judge Morrison C. England, Jr

Defendant (1)
Stancil Enterprises, Inc.
TERMINATED: 03/08/2012
represented byDonald Herbert Heller
Donald H. Heller, A Law Corporation
701 University Avenue
Sacramento, CA 95825
916-974-3500
Fax: 916-520-3497
Email: dheller@donaldhellerlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
CONSPIRACY TO AID AND ABET EVASION OF REPORTING REQUIREMENTS UNDER 31 U.S.C. 5313(a)
(1)
Defendant sentenced to S/A $400 and fine $500,000 payment for both to begin immediately. Money Judgment ordered FINAL and incorporated into the judgment of the court (refer to [29]). Appeal rights given.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Judge Morrison C. England, Jr

Defendant (2)
Joseph Stancil represented byDonald Herbert Heller
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
CONSPIRACY TO AID AND ABET EVASION OF REPORTING REQUIREMENTS UNDER 31 U.S.C. 5313(a)
(1)
Sentenced to S/A $400; fine $500,000 payment to begin immediately. Money Judgment ordered final. Defendant subject to deferred prosecution under the Plea/ Global Resolution Agreement; Appeals rights given

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Judge Morrison C. England, Jr

Defendant (3)
Daniel Mathis represented byMark Joseph Reichel
Mark Reichel, Attorney at Law
455 Capitol Mall
Suite 350
Sacramento, CA 95813
(916) 498-9258
Fax: (916) 441-6553
Email: mark@reichellaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
CONSPIRACY TO AID AND ABET EVASION OF REPORTING REQUIREMENTS UNDER 31 U.S.C. 5313(a)
(1)

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byJean Marie Hobler
United States Attorney's Office
501 I Street #10-100
Sacramento, CA 95814
916-554-2700
Fax: 916-554-2900
Email: jean.hobler@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
01/26/2012INFORMATION (Felony) as to Stancil Enterprises, Inc. (1) count(s) 1, Joseph Stancil (2) count(s) 1, Daniel Mathis (3) count(s) 1. (Michel, G) (Entered: 01/26/2012)
01/26/2012AO257 (Sealed) as to Joseph Stancil, Daniel Mathis. (Michel, G) (Entered: 01/26/2012)
01/26/2012NOTICE OF RELATED CASES with 2:10-mc-00046-MCE DAD by USA. (Hobler, Jean) Modified on 1/27/2012 (Reader, L). (Entered: 01/26/2012)
01/27/2012NOTICE of ATTORNEY APPEARANCE: Donald H. Heller on behalf of Stancil Enterprises, Inc.. Attorney Heller, Donald H. added. (Heller, Donald) Modified on 1/30/2012 (Marciel, M). (Entered: 01/27/2012)
01/27/2012NOTICE of ATTORNEY APPEARANCE: Donald H. Heller appearing for Joseph Stancil. Attorney Heller, Donald H. added. (Heller, Donald) (Entered: 01/27/2012)
02/03/2012RELATED CASE ORDER signed by Judge Morrison C. England, Jr. on 2/3/12 ORDERING that cases 2:10-mc-0046 MCE DAD and 2:12-cr-0025 LKK are RELATED. 2:12-cr-0025 LKK is REASSIGNED to Judge Morrison C. England, Jr for all further proceedings. Judge Lawrence K. Karlton no longer assigned to case. Status Conference set for 2/9/2012 at 09:00 AM in Courtroom 7 (MCE) before Judge Morrison C. England Jr. (Donati, J) (Entered: 02/03/2012)
02/06/2012PLEA and GLOBAL RESOLUTION AGREEMENT as to defendant Daniel Mathis (Marciel, M) (Entered: 02/07/2012)
02/07/2012STIPULATION and PROPOSED ORDER continuing Status Conference by USA. (Hobler, Jean) Modified on 2/8/2012 (Marciel, M). (Entered: 02/07/2012)
02/09/2012STIPULATION and ORDER 7 for continuance signed by Judge Morrison C. England, Jr. on 2/8/2012. Status Conference, as to all defendants, is RE-SCHEDULED for 2/16/2012 at 9:00 AM in Courtroom 7 (MCE). (Marciel, M) (Entered: 02/09/2012)
02/10/201210 REQUEST by USA to set Matter on Judge Newman's 2/13/2012 Calendar. (Hobler, Jean) Modified on 2/14/2012 (Donati, J). (Entered: 02/10/2012)
02/13/201211 WAIVER of INDICTMENT by defendant Stancil Enterprises, Inc.. (Marciel, M) (Entered: 02/14/2012)
02/13/201212 WAIVER of INDICTMENT by defendant Joseph Stancil (Marciel, M) (Entered: 02/14/2012)
02/13/201213 NOTICE to DEFENDANT BEING RELEASED as to Joseph Stancil. (Marciel, M) (Entered: 02/14/2012)
02/13/201214 CORPORATE RESOLUTION of Stancil Enterprises, Inc.. (Marciel, M) (Entered: 02/14/2012)
02/13/201215 WAIVER OF INDICTMENT as to Daniel Mathis. (Marciel, M) Modified on 2/15/2012 (Caspar, M). (Entered: 02/14/2012)
02/13/201216 NOTICE to DEFENDANT BEING RELEASED as to Daniel Mathis. (Marciel, M) (Entered: 02/14/2012)
02/13/201217 MINUTES for ARRAIGNMENT (INITIAL APPEARANCE) proceedings as to Stancil Enterprises, Inc., Joseph Stancil and Daniel Mathis held before Magistrate Judge Kendall J. Newman: Retained counsel present for defendants. Rights given. Defendants sworn. Defendants waived waiver of Indictment. Defendants waived a formal reading of the Indictment. Charges reviewd. Defendants entered a not guilty plea and demanded a jury trial. Government did not move for detention. Defendants ordered released on their own recognizance and ordered to report to USM for processing. Status conference currently set for 2/16/2012 at 9:00 AM before MCE confirmed. Time excluded under local code 5 and I from 2/13/2012 to 2/16/2012 for defendants Joseph Stancil and Daniel Mathis. Attorney Mark Joseph Reichel for Daniel Mathis added. Government Counsel Jean Hobler present. Defense Counsel Donald Heller and Mark Reichel present. Custody Status: Defendants present, out of custody. ECRO/CD Number: Jonathan Anderson/1 of 1. (Text Only) (Caspar, M) (Entered: 02/14/2012)
02/16/201218 MINUTES for STATUS CONFERENCE and CHANGE of PLEA HEARING before Judge Morrison C. England, Jr. held on 2/16/2012: Stancil Enterprises, Inc. (1) pled GUILTY on Count 1; Judgment and Sentencing, as to defendant Stancil Enterprises, is SET for 3/8/2012 at 9:00 AM in Courtroom 7 (MCE); Further Status Conference, as to defendants Joseph Stancil and Daniel Mathis, is CONTINUED to 3/8/2012 at 9:00 AM in Courtroom 7 (MCE). Government Counsel: Jean Hobler, AUSA present. Defense Counsel: Donald Heller, Retained for Stancil Enterprises and Joseph Stancil; Mark Reichel, Retained for Daniel Mathis present. Custody Status: All Defendants Present / Out of Custody. Court Reporter: D. Shepard. (Marciel, M) (Entered: 02/17/2012)
02/21/201219 STIPULATION and PROPOSED ORDER for Depositing Funds In To The Registry. (Heller, Donald) (Entered: 02/21/2012)
02/23/201220 STIPULATION and PROPOSED ORDER regarding Sentencing and Briefing Schedule by USA. (Hobler, Jean) Modified on 2/28/2012 (Marciel, M). (Entered: 02/23/2012)
02/27/201221 ORDER for Depositing Funds into the Registry signed by Judge Morrison C. England, Jr on 2/24/12. (cc: Financial) (Manzer, C) (Entered: 02/27/2012)
02/27/201222 SENTENCING MEMORANDUM by Stancil Enterprises, Inc.. (Heller, Donald) (Entered: 02/27/2012)
02/28/201223 STATEMENT by Stancil Enterprises, Inc. re 21 Order. Depositing Funds into Registry of This Court (Attachments: # 1 Receipt)(Heller, Donald) Modified on 2/29/2012 (Kaminski, H). (Entered: 02/28/2012)
02/28/201224 STIPULATION and ORDER 20 regarding Sentencing and Briefing Schedule signed by Judge Morrison C. England, Jr. on 2/28/2012. Defendant Stancil Enterprises, Inc.'s Sentencing Memorandum shall be filed on 2/25/2012; government's Response is due by 5:00 PM on 3/1/2012; Stancil's Reply to be submitted by 4:00 PM on 3/5/2012. The Sentencing Hearing shall remain set for 3/8/2012 at 9:00 AM. (Marciel, M) (Entered: 02/28/2012)
02/28/2012  RECEIPT number #CAE200042508 $923,415.85 by Stancil Enterprises, Inc. on 2/27/2012 (Matson, R) (Entered: 02/28/2012)
02/29/201225 WAIVER of Presentence Report by Stancil Enterprises, Inc.. (Heller, Donald) (Entered: 02/29/2012)
03/01/201226 RESPONSE TO 22 SENTENCING MEMORANDUM by USA as to Stancil Enterprises, Inc.. (Hobler, Jean) Modified on 3/2/2012 (Kaminski, H). (Entered: 03/01/2012)
03/02/201227 APPLICATION for Money Judgment and Proposed Order by USA as to Stancil Enterprises, Inc., Joseph Stancil, Daniel Mathis (Hobler, Jean) (Entered: 03/02/2012)
03/05/201228 REPLY by Stancil Enterprises, Inc., to Government's Response to 26 Defendant's Sentencing Memorandum. (Heller, Donald) Modified on 3/7/2012 (Kastilahn, A). (Entered: 03/05/2012)
03/08/201229 ORDER FOR MONEY JUDGMENT signed by Judge Morrison C. England, Jr on 3/7/12 ORDERING a personal forfeiture money judgment in the amount of $428,589.30 shall be imposed against defendant Stancil Enterprises, Inc; the $5,173.45 in U.S. Currency seized from Wells Fargo Bank Acct No. 3444347300, by the I.R.S. on or about 11/19/09, and subject of the related case 2:10-MC-00046 MCE, shall be applied to the above-listed money judgment; the remaining $423,415.85 of the above-listed money judgment shall be paid on or before the expiration of the 30th day following entry of judgment relating to Stancil Enterprises, Inc;Upon entry of judgment and commitment of Stancil Enterprises, Inc., the Clerk of the Court shall disburse the $423,415.85 of the $923,415.85 deposited on 2/27/12, on behalf of Stancil Enterprises, Inc., plus any interest that hasaccrued on that amount, payable to the U.S. Department of Treasury and sent to the U.S. Attorney's Office, Attn: Asset Forfeiture Unit, 501 I Street, Suite 10-100, Sacramento, CA 95814. The Court shall waive any and all service fees on the $423,415.85. The $423,415.85 shall be seized and held by the U.S. Department of Treasury, in its secure custody and control; Any funds applied towards such judgment shall be forfeited to the U.S.A. and disposed of as provided for by law. (Becknal, R) (Entered: 03/08/2012)
03/08/201230 MINUTES (Text Only) for SENTENCING proceedings held before Judge Morrison C. England, Jr on 3/8/2012 for Stancil Enterprises, Inc. (1), Joseph Stancil (2), and Daniel Mathis (3): Defendants J. Stancil and Mathis did not address the court. Representative (J. Stancil) for defendant Stancil Enterprises did not address the court. Counsel for parties addressed the court regarding the amounts stated in the Order for Money Judgment 29 . Parties in agreement as to amounts stated in the Money Judgment. Defendants were sentenced to S/A $400; fine $500,000 payment to begin immediately. Money Judgment ordered FINAL and incorporated into the judgment of the court. Defendants Joseph Stancil and Daniel Mathis are subject to deferred prosecution under the Plea/ Global Resolution Agreement. Appeals rights given. Government Counsel Jean Hobler present. Defense Counsel Donald Heller and Mark Reichel, Retained present. Custody Status: Present and out of custody as to defendants J. Stancil and Mathis. Court Reporter/CD Number: Diane Shepard. (Shaddox-Waldrop, A) Modified on 3/14/2012 (Shaddox-Waldrop, A). (Entered: 03/08/2012)
03/12/201231 ORDER as to Stancil Enterprises, Inc. signed by Judge Morrison C. England, Jr. on 3/12/2012 ORDERING that the Clerk of Court credit the amount of $500,000 to the applicable account for payment of the fine out of the remaining funds deposited with the registry of the Court on 2/27/2012. (cc: Sacramento Financial) (Michel, G) (Entered: 03/12/2012)
03/20/201232 MINUTE ORDER (Text Only) issued by the courtroom deputy for District Judge, Morrison C. England, Jr.: On the Courts own motion, the 4/12/2012 Status Conference as to defendants Joseph Stancil and Daniel Mathis is vacated and ADVANCED to 4/9/2012 at 10:00 a.m. in Courtroom 7 before Judge Morrison C. England, Jr. (Shaddox-Waldrop, A) (Entered: 03/20/2012)
04/09/201233 MINUTES (Text Only) for proceedings held before Judge Morrison C. England, Jr: STATUS CONFERENCE as to Joseph Stancil, Daniel Mathis held on 4/9/2012. At the request of counsel, the Court set a further Status Conference on 5/3/2012 at 9:00 a.m. in Courtroom 7 to allow the Court to review the parties' Agreement for Deferred Prosecution. The defendants were ordered to appear on 5/3/2012 if the hearing is not vacated on the Court's own motion. The Court found the ends of justice served by taking such action outweighs the best interest of the public and the defendant in a speedy trial and time was excluded as provided by Local Codes I and 5: 4/9/2012-5/3/2012. The interests of justice served by the exclusion of time granted herein outweigh the interests of the defendant and the public in a speedy trial. Government Counsel present: Jean Hobler. Defense Counsel present: Donald Heller (retained) for defendant Joseph Stancil; Mark Reichel (retained) for defendant Daniel Mathis. Custody Status: Joseph Stancil and Daniel Mathis both present and out of custody. Court Reporter/CD Number: Kelly O'Halloran. Interpreter present: None. (Deutsch, S) (Entered: 04/09/2012)
04/11/201234 AMENDED ORDER REGARDING DISBURSEMENT OF FUNDS LODGED WITH REGISTRY OF THE COURT signed by Judge Morrison C. England, Jr., on 4/10/12; ORDERING that the $5,173.45 in U.S. Currency seized from Wells Fargo Bank Account Number 3444347300, by the Internal Revenue Service on or about 11/19/2009, and subject of the related case 2:10-MC-00046 MCE, shall be applied to the money judgment. The remaining $423,415.85 of the money judgment shall be disbursed by the Clerk, plus any interest that has accrued on that amount, payable to the U.S. Department of Treasury and sent to the U.S. Attorney's Office. The Clerk shall waive any and all service fees on the $423,415.85. The $423,415.85 shall be seized and held by the U.S. Department of Treasury, in its secure custody and control. Any funds applied towards such judgment shall be forfeited to the U.S. of America and disposed of as provided for by law. The Clerk shall credit the amount of $500,000 from the Deposited Funds to the applicable account for payment of the fine, only. If there are any remaining Deposited Funds after payment of the forfeiture and the fine, as herein ordered, they shall be disbursed to Stancil Enterprises, Inc. c/o its attorney Donald H. Heller. (cc: Sacarmento Financial Dept) (Kastilahn, A) (Entered: 04/11/2012)
05/01/201235 STIPULATION and PROPOSED ORDER re-setting Status Conference by USA. Attorney Hobler, Jean Marie added. (Hobler, Jean) Modified on 5/2/2012 (Marciel, M) (Entered: 05/01/2012)
05/03/201236 STIPULATION and ORDER signed by Judge Morrison C. England, Jr. on 5/2/2012 ORDERING 35 Status Conference Reset for 6/6/2013 at 09:00 AM in Courtroom 7 (MCE) before Judge Morrison C. England Jr. Excludable started as to Stancil Enterprises, Inc., Joseph Stancil, Daniel Mathis: XI Start: 5/3/2012 Stop: 6/6/2013. (Reader, L) (Entered: 05/03/2012)
05/18/201237 LETTER to court as to Stancil Enterprises, Inc., Joseph Stancil, Daniel Mathis. (Reichel, Mark) Modified on 5/21/2012 (Kaminski, H). (Entered: 05/18/2012)