MAG,MJSELECT

U.S. District Court
Eastern District of New York (Central Islip)
CRIMINAL DOCKET FOR CASE #: 2:05-cr-00924-ADS-WDW All Defendants


Case title: USA v. Haney et al

Date Filed: 12/16/2005

Assigned to: Judge Arthur D. Spatt

Defendant (1)
James Kenneth Haney
TERMINATED: 09/07/2007
also known as
Jimmy
TERMINATED: 09/07/2007
represented byStephen P. Scaring
Stephen P. Scaring, P.C.
666 Old Country Road, Suite 501
Garden City, NY 11530
516/683/8500
Fax: 516-683-8410
Email: sscaring@scaringlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:1349 and 3551 et seq. ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD; 28:2461(C); 18:981(a); 21:853(p) Forfeiture Allegation
(1s)
IMPRISONMENT: Eight (8) Months. SUPERVISED RELEASE: Three (3) Years. RESTITUTION: $326,343.20. The defendant is subject to the Final Order of Forfeiture dated 6/18/07 and is attached to this Judgment and Conviction Order. SPECIAL ASSESSMENT: $200.00. Count(s) 3 and Underlying Indictment are dismissed on the motion of the United States.
18:1349 and 3551 et seq. ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD; 28:2461(c); 18:981(a)(1)(C); 21:853(p) Forfeiture Allegation
(2s)
IMPRISONMENT: Eight (8) Months. SUPERVISED RELEASE: Three (3) Years. RESTITUTION: $326,343.20. The defendant is subject to the Final Order of Forfeiture dated 6/18/07 and is attached to this Judgment and Conviction Order. SPECIAL ASSESSMENT: $200.00. Count(s) 3 and Underlying Indictment are dismissed on the motion of the United States.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:1349 and 3551 et seq ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD (SCDPW)
(1)
Count(s) 3 and Underlying Indictment are dismissed on the motion of the United States.
18:1349 and 3551 et seq ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD (Brookhaven)
(2)
Count(s) 3 and Underlying Indictment are dismissed on the motion of the United States.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge Arthur D. Spatt

Defendant (2)
Suffolk Asphalt Supply, Inc.
TERMINATED: 10/19/2007
represented byStephen P. Scaring
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:1349 and 3551 et seq. ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD; 28:2461(C); 18:981(a); 21:853(p) Forfeiture Allegation
(1s)
PROBATION: 3 Years. The defendant shall pay restitution in the sum of Three hundred twenty six thousand three hundred forty three dollars and twenty cents ($326,343.20)joint and several with Co-defendants James Kenneth Haney; William Fehr, Sr; William Fehr, Jr.; John Montecalvo and Frank Gerald Shambra. Payments are at a rate of 10% of the defendants gross monthly income. Payments shall commence sixty (60) days after the Defendant James K. Haney's release from imprisonment until the full amount of restitution is paid in full. The defendant shall be credited for payments made by the co-defendants.
18:1349 and 3551 et seq. ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD; 28:2461(c); 18:981(a)(1)(C); 21:853(p) Forfeiture Allegation
(2s)
PROBATION: 3 Years. The defendant shall pay restitution in the sum of Three hundred twenty six thousand three hundred forty three dollars and twenty cents ($326,343.20)joint and several with Co-defendants James Kenneth Haney; William Fehr, Sr; William Fehr, Jr.; John Montecalvo and Frank Gerald Shambra. Payments are at a rate of 10% of the defendants gross monthly income. Payments shall commence sixty (60) days after the Defendant James K. Haney's release from imprisonment until the full amount of restitution is paid in full. The defendant shall be credited for payments made by the co-defendants.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:1349 and 3551 et seq ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD (SCDPW)
(1)
Dismissed on the motion of the Government
18:1349 and 3551 et seq ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD (Brookhaven)
(2)
Dismissed on the motion of the Government

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge Arthur D. Spatt

Defendant (3)
William Louis Fehr, Jr.
TERMINATED: 09/26/2007
represented byRaymond G. Perini
Perini & Hoerger
1770 Motor Parkway, Suite 300
Hauppauge, NY 11749
631-232-2224
Fax: 631-232-2344
Email: perinihoerger@aol.com
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:1349 and 3551 et seq. ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD; 28:2461(C); 18:981(a); 21:853(p) Forfeiture Allegation
(1s)
IMPRISONMENT: Eight (8) Months. SUPERVISED RELEASE: Three (3) Years. RESTITUTION: $326,343.20 (Joint & Several). The defendant is subject to Forfeiture in the amount of $2,300,000.00 less any amount previously forfeited. SPECIAL ASSESSMENT: $200.00.
18:1349 and 3551 et seq. ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD; 28:2461(c); 18:981(a)(1)(C); 21:853(p) Forfeiture Allegation
(2s)
IMPRISONMENT: Eight (8) Months. SUPERVISED RELEASE: Three (3) Years. RESTITUTION: $326,343.20 (Joint & Several). The defendant is subject to Forfeiture in the amount of $2,300,000.00 less any amount previously forfeited. SPECIAL ASSESSMENT: $200.00.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:1349 and 3551 et seq ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD (SCDPW)
(1)
Count(s) 3 and Underlying Indictment are dismissed on the motion of the United States.
18:1349 and 3551 et seq ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD (Brookhaven)
(2)
Count(s) 3 and Underlying Indictment are dismissed on the motion of the United States.
18:1956(h) and 3551 et seq. MONEY LAUNDERING - POSTAL, INTERSTATE WIRE, RADIO, ETC.; 18:982(a)(1) and 982(b)(1)Forfeiture Allegation
(3s)
Count(s) 3 and Underlying Indictment are dismissed on the motion of the United States.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge Arthur D. Spatt

Defendant (4)
All-County Paving Corp.
TERMINATED: 08/15/2008
represented bySteven G. Pinks
Pinks, Arbeit, Boyle & Nemeth
140 Fell Court, Suite 303
Hauppauge, NY 11788
631-234-4400
Fax: 631-234-4445
Email: steven@pinksarbeit.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:1349 and 3551 et seq. ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD; 28:2461(C); 18:981(a); 21:853(p) Forfeiture Allegation
(1s)
PROBATION: Three (3) Years. RESTITUTION: $326,343.20 (joint and several). SPECIAL ASSESSMENT: $800.00. The defendant is subject to the Final Order of Forfeiture dated 5/30/08 and is attached to the Judgment and Conviction Order.
18:1349 and 3551 et seq. ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD; 28:2461(c); 18:981(a)(1)(C); 21:853(p) Forfeiture Allegation
(2s)
PROBATION: Three (3) Years. RESTITUTION: $326,343.20 (joint and several). SPECIAL ASSESSMENT: $800.00. The defendant is subject to the Final Order of Forfeiture dated 5/30/08 and is attached to the Judgment and Conviction Order.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:1349 and 3551 et seq ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD (SCDPW)
(1)
Count(s), Underlying Indictment, is dismissed on the motion of the United States.
18:1349 and 3551 et seq ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD (Brookhaven)
(2)
Count(s), Underlying Indictment, is dismissed on the motion of the United States.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge Arthur D. Spatt

Defendant (5)
William Louis Fehr, Sr.
TERMINATED: 05/30/2008
represented byNicholas M. DeFeis
DeFeis, O'Connell & Rose, P.C.
500 Fifth Avenue
Suite 2630
New York, NY 10110
(212) 768-1000
Fax: (212) 768-3511
Email: nd@dorlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:1349 and 3551 et seq. ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD; 28:2461(C); 18:981(a); 21:853(p) Forfeiture Allegation
(1s)
IMPRISONMENT: Eight (8) months to run concurrent on both counts. The Defendant shall receive credit for time already served, if any. The Defendant shall serve his sentence at Otisville, New York to be near his Family. SUPERVISED RELEASE: Three (3) years. ADDITIONAL SUPERVISED RELEASE TERMS: The Defendant shall pay restitution in the sum of $326,343.20 to the Clerk of the court, 100 Federal Plaza, Central Islip, New York 11722 at a rate of 10% of the Defendant's gross monthly income and shall continue until the full amount of restitution is paid even after the term of supervised release has terminated. Restitution payments shall commence on a date to later be determined by the Court. Payments are joint and several with the co-defendants James Haney, Suffolk Asphalt, William Louis Fehr, Jr., Pavco Prima, All County, Frank Gerald Shambra and Sundial. The defendant is subject to the final order of forfeiture dated May 30, 2008 and is attached to this Judgment and conviction order. Amended Judgment: Imprisonment: Eight (8) months to run concurrent on both counts. The Defendant shall receive credit for time already served, if any. Upn release from imprisonment, the defendant shall be on supervised release for a term of Three (3) years
18:1349 and 3551 et seq. ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD; 28:2461(c); 18:981(a)(1)(C); 21:853(p) Forfeiture Allegation
(2s)
IMPRISONMENT: Eight (8) months to run concurrent on both counts. The Defendant shall receive credit for time already served, if any. The Defendant shall serve his sentence at Otisville, New York to be near his Family. SUPERVISED RELEASE: Three (3) years. ADDITIONAL SUPERVISED RELEASE TERMS: The Defendant shall pay restitution in the sum of $326,343.20 to the Clerk of the court, 100 Federal Plaza, Central Islip, New York 11722 at a rate of 10% of the Defendant's gross monthly income and shall continue until the full amount of restitution is paid even after the term of supervised release has terminated. Restitution payments shall commence on a date to later be determined by the Court. Payments are joint and several with the co-defendants James Haney, Suffolk Asphalt, William Louis Fehr, Jr., Pavco Prima, All County, Frank Gerald Shambra and Sundial. The defendant is subject to the final order of forfeiture dated May 30, 2008 and is attached to this Judgment and conviction order. Amended Judgment: Imprisonment: Eight (8) months to run concurrent on both counts. The Defendant shall receive credit for time already served, if any. Upn release from imprisonment, the defendant shall be on supervised release for a term of Three (3) years

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:1349 and 3551 et seq ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD (SCDPW)
(1)
Dismissed on the motion of the Government
18:1349 and 3551 et seq ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD (Brookhaven)
(2)
Dismissed on the motion of the Government
18:1956(h) and 3551 et seq. MONEY LAUNDERING - POSTAL, INTERSTATE WIRE, RADIO, ETC.; 18:982(a)(1) and 982(b)(1)Forfeiture Allegation
(3s)
Dismissed on the motion of the Government

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge Arthur D. Spatt
Referred to: Magistrate Judge William D. Wall

Defendant (6)
Pavco Asphalt, Inc.
TERMINATED: 10/20/2009
represented bySteven G. Pinks
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:1349 and 3551 et seq. ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD; 28:2461(C); 18:981(a); 21:853(p) Forfeiture Allegation
(1s)
PROBATION: Three (3) Years. RESTITUTION: $326,343.20 joint and several. Defendant is subject to the Final Order of Forfeiture dated 5/30/08 and is attached to this Judgment and Conviction Order. SPECIAL ASSESSMENT: $800.00.
18:1349 and 3551 et seq. ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD; 28:2461(c); 18:981(a)(1)(C); 21:853(p) Forfeiture Allegation
(2s)
PROBATION: Three (3) Years. RESTITUTION: $326,343.20 joint and several. Defendant is subject to the Final Order of Forfeiture dated 5/30/08 and is attached to this Judgment and Conviction Order. SPECIAL ASSESSMENT: $800.00.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:1349 and 3551 et seq ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD (SCDPW)
(1)
Count 3 & underlying Indictment is dismissed on the motion of the United States.
18:1349 and 3551 et seq ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD (Brookhaven)
(2)
Count 3 & underlying Indictment is dismissed on the motion of the United States.
18:1956(h) and 3551 et seq. MONEY LAUNDERING - POSTAL, INTERSTATE WIRE, RADIO, ETC.; 18:982(a)(1) and 982(b)(1)Forfeiture Allegation
(3s)
Count 3 & underlying Indictment is dismissed on the motion of the United States.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge Arthur D. Spatt

Defendant (7)
John Montecalvo
TERMINATED: 05/21/2012
represented byNicholas Gregory Kaizer
Levitt & Kaizer
40 Fulton Street, 23rd Floor
New York, NY 10038-5077
212 480-4000
Fax: 212 480-4444
Email: nkaizer@richardlevitt.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Patricia A Pileggi
Schiff Hardin LLP
666 Fifth Avenue
17th Floor
New York, NY 10103
212-753-5000
Email: ppileggi@schiffhardin.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:1349 and 3551 et seq ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD (SCDPW)
(1)
The Defendant's motion to dismiss this indictment with prejudice is granted.
18:1349 and 3551 et seq ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD (Brookhaven)
(2)
The Defendant's motion to dismiss this indictment with prejudice is granted.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Judge Arthur D. Spatt

Defendant (8)
Montecalvo Asphalt Paving Corp. represented byNicholas Gregory Kaizer
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Pending Counts

Disposition
18:1349 and 3551 et seq ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD (SCDPW)
(1)
18:1349 and 3551 et seq ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD (Brookhaven)
(2)

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Judge Arthur D. Spatt

Defendant (9)
Frank Gerald Schambra
TERMINATED: 08/15/2008
represented byKevin James Keating
Law Office of Kevin J. Keating
666 Old Country Road
Garden City, NY 11530
(516) 222-1099
Fax: (516) 683-8410
Email: kevin@kevinkeatinglaw.com
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:1349 and 3551 et seq. ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD; 28:2461(C); 18:981(a); 21:853(p) Forfeiture Allegation
(1s)
PROBATION: Three (3) Years. HOME DETENTION: Six (6) Months. RESTITUTION: $326,343.20 (joint and several). FINE: $23,000.00. Defendant subject to the Final Order of Forfeiture dated 8/1/08 and attached to the Judgment and Conviction Order. SPECIAL ASSESSMENT: $200.00.
18:1349 and 3551 et seq. ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD; 28:2461(c); 18:981(a)(1)(C); 21:853(p) Forfeiture Allegation
(2s)
PROBATION: Three (3) Years. HOME DETENTION: Six (6) Months. RESTITUTION: $326,343.20 (joint and several). FINE: $23,000.00. Defendant subject to the Final Order of Forfeiture dated 8/1/08 and attached to the Judgment and Conviction Order. SPECIAL ASSESSMENT: $200.00.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:1349 and 3551 et seq ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD (Brookhaven)
(2)
Count(s) Underlying Indictment is dismissed on the motion of the United States.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge Arthur D. Spatt

Defendant (10)
Sundial Asphalt Co., Inc.
TERMINATED: 11/18/2008
represented byKevin James Keating
(See above for address)
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:1349 and 3551 et seq. ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD; 28:2461(C); 18:981(a); 21:853(p) Forfeiture Allegation
(1s)
18:1349 and 3551 et seq. ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD; 28:2461(c); 18:981(a)(1)(C); 21:853(p) Forfeiture Allegation
(2s)

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:1349 and 3551 et seq ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD (Brookhaven)
(2)

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge Arthur D. Spatt

Defendant (11)
Prima Asphalt Concrete, Inc.
TERMINATED: 08/15/2008
represented bySteven G. Pinks
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:1349 and 3551 et seq. ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD; 28:2461(C); 18:981(a); 21:853(p) Forfeiture Allegation
(1)
PROBATION: Three (3) Years. RESTITUTION: $326,343.20 (joint and several). SPECIAL ASSESSMENT: $800.00.
18:1349 and 3551 et seq. ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD; 28:2461(c); 18:981(a)(1)(C); 21:853(p) Forfeiture Allegation
(2)
PROBATION: Three (3) Years. RESTITUTION: $326,343.20 (joint and several). SPECIAL ASSESSMENT: $800.00.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:1956(h) and 3551 et seq. MONEY LAUNDERING - POSTAL, INTERSTATE WIRE, RADIO, ETC.; 18:982(a)(1) and 982(b)(1)Forfeiture Allegation
(3)
Count(s) Three is dismissed on the motion of the United States.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byCynthia M. Monaco
United States Attorneys Office
610 Federal Plaza
Central Islip, NY 11722
631-715-7900
Fax: 631-715-7922
Email: cynthia.monaco@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

James M. Miskiewicz
United States Attorneys Office
610 Federal Plaza
Central Islip, NY 11722
631-715-7841
Fax: 631-715-7920
Email: james.miskiewicz@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Richard Thomas Lunger , Jr.
United States Attorneys Office
Eastern District of New York
610 Federal Plaza
Central Islip, NY 11722
631-715-7842
Email: Richard.Lunger@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Beth Patricia Schwartz
United States Attorneys Office
Eastern District of New York
271 Cadman Plaza East
Brooklyn, NY 11201-1820
(718)254-6017
Fax: (718)254-6081
Email: Beth.Schwartz@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
12/16/2005INDICTMENT as to James Kenneth Haney (1) count(s) 1, 2, Suffolk Asphalt Supply, Inc. (2) count(s) 1, 2, William Louis Fehr, Jr (3) count(s) 1, 2, All-County Paving Corp. (4) count(s) 1, 2, William Louis Fehr, Sr (5) count(s) 1, 2, Pavco Asphalt, Inc. (6) count(s) 1, 2, John Montecalvo (7) count(s) 1, 2, Montecalvo Asphalt Paving Corp. (8) count(s) 1, 2, Frank Gerald Schambra (9) count(s) 2, Sundial Asphalt Co., Inc. (10) count(s) 2. (Attachments: # 1 Calendar Minutes# 2 Information Sheet) (McMahon, Carol) (Entered: 12/20/2005)
12/21/2005NOTICE OF ATTORNEY APPEARANCE: Stephen P. Scaring appearing for James Kenneth Haney (Scaring, Stephen) (Entered: 12/21/2005)
12/22/2005MINUTE ENTRY before Judge William D. Wall on 12/22/05 from 10:45 a.m. to 11:00 a.m., for Criminal Cause for FIRST APPEARANCE, ARRAIGNMENT and NOT GUILTY PLEA. Defendant JAMES HANEY (1) present on bond with retained counsel John Carman (for Stephen Scaring). Defendant WILLIAM FEHR, Sr. (5) present on bond with retained counsel William Keahon. Defendant WILLIAM FEHR, JR. (3) present on bond with retained counsel Maureen Hoerger. Defendant JOHN MONTECALVO (7) present on bond with retained counsel Nicholas Kaizer. Defendant FRANK SCHAMBRA (9) present on bond with retained counsel Joseph Conway. Defendant SUFFOLK ASPHALT, INC. (2) present on bond with retained counsel John Carman. Defendant ALL COUNTY PAVING CORP. (4) present on bond with retained counsel Steven Pinks. Defendant PAVCO ASPHALT, INC. (6) present on bond with retained counsel Steven Pinks. Defendant MONTECALVO ASPHALT, CORP. (8) present on bond with retained counsel Nicholas Kaizer. Defendant SUNDIAL ASPHALT, INC. (10) present on bond with retained counsel Joseph Conway. Govt: James Misciewicz, AUSA. CD: #05-4. Status Conference set for 1/6/06 at 11:00 a.m. before Judge Spatt. Defendants First Appearance. Defendants Arraigned. All defendants (individual and corporate) plead NOT GUILTY to all counts of the Indictment. Motion by James Haney to modify bail to allow him to travel to Florida from 1/2/06 to 1/21/06 is granted. Motion by William Fehr, Jr. to modify bail to expand his travel restriction to the Continental United States of America is granted. Waivers of speedy trial executed for all defendants (individual and corporate) from 12/22/05 to 1/6/05. All individual defendants remain released on bond. (Coleman, Laurie) (Entered: 12/28/2005)
12/22/2005NOTICE OF ATTORNEY APPEARANCE: Steven G. Pinks (retained) appearing for ALL-COUNTY PAVING CORP., PAVCO ASPHALT, INC. (Coleman, Laurie) (Entered: 12/28/2005)
12/22/2005WAIVER OF SPEEDY TRIAL/ORDER TO CONTINUE Ends of Justice as to JAMES KENNETH HANEY. Time excluded from 12/22/05 until 1/6/06 at 11:00 a.m.. (Signed by Judge William D. Wall on 12/22/05). C/ECF. (Coleman, Laurie) (Entered: 12/28/2005)
12/22/2005WAIVER OF SPEEDY TRIAL/ORDER TO CONTINUE Ends of Justice as to WILLIAM LOUIS FEHR, JR. Time excluded from 12/22/05 until 1/6/06 at 11:00 a.m.. (Signed by Judge William D. Wall on 12/22/05). C/ECF. (Coleman, Laurie) (Entered: 12/28/2005)
12/22/2005WAIVER OF SPEEDY TRIAL/ORDER TO CONTINUE Ends of Justice as to WILLIAM LOUIS FEHR, SR. Time excluded from 12/22/05 until 1/6/06 at 11:00 a.m.. (Signed by Judge William D. Wall on 12/22/05). C/ECF. (Coleman, Laurie) (Entered: 12/28/2005)
12/22/2005WAIVER OF SPEEDY TRIAL/ORDER TO CONTINUE Ends of Justice as to JOHN MONTECALVO. Time excluded from 12/22/05 until 1/6/06. (Signed by Judge William D. Wall on 12/22/05). C/ECF. (Coleman, Laurie) (Entered: 12/28/2005)
12/22/2005WAIVER OF SPEEDY TRIAL/ORDER TO CONTINUE Ends of Justice as to PAVCO ASPHALT, INC.. Time excluded from 12/22/05 until 1/6/06. (Signed by Judge William D. Wall on 12/22/05). C/ECF. (Coleman, Laurie) (Entered: 12/28/2005)
12/22/200510 WAIVER OF SPEEDY TRIAL/ORDER TO CONTINUE Ends of Justice as to ALL-COUNTY PAVING CORP.. Time excluded from 12/22/05 until 1/6/06. (Signed by Judge William D. Wall on 12/22/05). C/ECF. (Coleman, Laurie) (Entered: 12/28/2005)
12/22/200511 WAIVER OF SPEEDY TRIAL/ORDER TO CONTINUE Ends of Justice as to SUNDIAL ASPHALT, CO., INC. Time excluded from 12/22/05 until 1/6/06. (Signed by Judge William D. Wall on 12/22/05). C/ECF. (Coleman, Laurie) (Entered: 12/28/2005)
12/22/200512 WAIVER OF SPEEDY TRIAL/ORDER TO CONTINUE Ends of Justice as to MONTECALVO ASPHALT PAVING CORP.. Time excluded from 12/22/05 until 1/6/06. (Signed by Judge William D. Wall on 12/22/05). C/ECF. (Coleman, Laurie) (Entered: 12/28/2005)
12/22/200513 WAIVER OF SPEEDY TRIAL/ORDER TO CONTINUE Ends of Justice as to FRANK GERALD SCHAMBRA. Time excluded from 12/22/05 until 1/6/06. (Signed by Judge William D. Wall on 12/22/05). C/ECF. (Coleman, Laurie) (Entered: 12/28/2005)
01/06/200614 Letter Regarding First Discovery Disclosure by USA as to James Kenneth Haney, Suffolk Asphalt Supply, Inc., William Louis Fehr, Jr, All-County Paving Corp., William Louis Fehr, Sr, Pavco Asphalt, Inc., John Montecalvo, Montecalvo Asphalt Paving Corp., Frank Gerald Schambra, Sundial Asphalt Co., Inc. (Miskiewicz, James) (Entered: 01/06/2006)
01/06/200615 NOTICE OF ATTORNEY APPEARANCE: Nicholas M. DeFeis appearing for William Louis Fehr, Sr (DeFeis, Nicholas) (Entered: 01/06/2006)
01/06/200624 MINUTE ENTRY as to JAMES KENNETH HANEY, SUFFOLK ASPHALT SUPPLY, INC., WILLIAM LOUIS FEHR, JR., ALL-COUNTY PAVING CORP., WILLIAM LOUIS FEHR, SR., PAVCO ASPHALT, INC., JOHN MONTECALVO, MONTECALVO ASPHALT PAVING CORP., FRANK GERALD SCHAMBRA, SUNDIAL ASPHALT CO., INC. Case called before Judge Arthur D. Spatt on 1/6/06 at 11:15 a.m., for Criminal Cause for Status Conference. Defendant James K. Haney (1) present on bail with retained counsel Stephen Scaring. Defendant Suffolk Asphalt (2) present on bail with retained counsel John Carman. Defendant William Louis Fehr, Jr. (3) present on bail with retained counsel Maureen Hoerger. Defendant All-County Paving (4) present on bail with retained counsel Steven Punks. Defendant William Louis Fehr, Sr. (5) present on bail with retained counsel William Keahon. Defendant Pavco Asphalt (6) present on bail with retained counsel Steven Punks. Defendant John Montecalvo (7) present on bail with on bail with retained counsel Nicholas Kazer. Defendant Montecalvo Asphalt (8) present on bail with counsel Nicholas Kazer. Defendant Frank G. Schambra (9) present on bail with retained counsel Joseph Conway/Kevin Keating. Defendant Sundial Asphalt (10) present on bail with retained counsel Jospeh Conway/Kevin Keating. Govt: James Miskiewicz, AUSA/Cynthia Monaco, AUSA. Deputy Clerk: Mary Ellen Schaffner. Court Reporter: Owen Wicker. Case called. Defendants 1-10 appear with counsel. Status Conference for defendants 1-10 adjourned to 3/10/06 at 10:30 a.m. Speedy Trial Information on defendants 1-10: Code Type: XT, Start Date: 1/6/06, Stop Date: 3/10/06. OTHER: At next conference a briefing schedule will be set and a trial date. William Fehr, Sr. bail modified to travel extended to the continental U.S. Submit order. Joseph Conway representing defendants 9 & 10. Case not marked complex at this time at the defendants' request. (Coleman, Laurie) (Entered: 02/14/2006)
01/06/200625 WAIVER OF SPEEDY TRIAL/ORDER TO CONTINUE - Ends of Justice as to JAMES KENNETH HANEY. Time excluded from 1/6/06 until 3/10/06. (Signed by Judge Arthur D. Spatt on 1/6/06). C/ECF. (Coleman, Laurie) (Entered: 02/14/2006)
01/06/200626 WAIVER OF SPEEDY TRIAL/ORDER TO CONTINUE - Ends of Justice as to SUFFOLK ASPHALT SUPPLY, INC. Time excluded from 1/6/06 until 3/10/06. (Signed by Judge Arthur D. Spatt on 1/6/06). C/ECF. (Coleman, Laurie) (Entered: 02/14/2006)
01/06/200627 WAIVER OF SPEEDY TRIAL/ORDER TO CONTINUE - Ends of Justice as to WILLIAM LOUIS FEHR, JR. Time excluded from 1/6/06 until 3/10/06. (Signed by Judge Arthur D. Spatt on 1/6/06). C/ECF. (Coleman, Laurie) (Entered: 02/14/2006)
01/06/200629 WAIVER OF SPEEDY TRIAL/ORDER TO CONTINUE - Ends of Justice as to ALL-COUNTY PAVING CORP. Time excluded from 1/6/06 until 3/10/06. (Signed by Judge Arthur D. Spatt on 1/6/06). C/ECF. (Coleman, Laurie) (Entered: 02/14/2006)
01/06/200630 WAIVER OF SPEEDY TRIAL/ORDER TO CONTINUE - Ends of Justice as to WILLIAM LOUIS FEHR, SR. Time excluded from 1/6/06 until 3/10/06. (Signed by Judge Arthur D. Spatt on 1/6/06). C/ECF. (Coleman, Laurie) (Entered: 02/14/2006)
01/06/200631 WAIVER OF SPEEDY TRIAL/ORDER TO CONTINUE - Ends of Justice as to PAVCO ASPHALT, INC. Time excluded from 1/6/06 until 3/10/06. (Signed by Judge Arthur D. Spatt on 1/6/06). C/ECF. (Coleman, Laurie) (Entered: 02/14/2006)
01/06/200632 WAIVER OF SPEEDY TRIAL/ORDER TO CONTINUE - Ends of Justice as to JOHN MONTECALVO. Time excluded from 1/6/06 until 3/10/06. (Signed by Judge Arthur D. Spatt on 1/6/06). C/ECF. (Coleman, Laurie) (Entered: 02/14/2006)
01/06/200633 WAIVER OF SPEEDY TRIAL/ORDER TO CONTINUE - Ends of Justice as to MONTECALVO ASPHALT PAVING CORP. Time excluded from 1/6/06 until 3/10/06. (Signed by Judge Arthur D. Spatt on 1/6/06). C/ECF. (Coleman, Laurie) (Entered: 02/14/2006)
01/06/200634 WAIVER OF SPEEDY TRIAL/ORDER TO CONTINUE - Ends of Justice as to FRANK GERALD SCHAMBRA. Time excluded from 1/6/06 until 3/10/06. (Signed by Judge Arthur D. Spatt on 1/6/06). C/ECF. (Coleman, Laurie) (Entered: 02/14/2006)
01/06/200635 WAIVER OF SPEEDY TRIAL/ORDER TO CONTINUE - Ends of Justice as to Sundial Asphalt Co., Inc. Time excluded from 1/6/06 until 3/10/06. (Signed by Judge Arthur D. Spatt on 1/6/06). C/ECF. (Coleman, Laurie) (Entered: 02/14/2006)
01/09/200616 Letter to AUSA Miskiewicz requesting discovery by William Louis Fehr, Sr (DeFeis, Nicholas) (Entered: 01/09/2006)
01/23/200617 Letter Seeking Modification of Pretrial Release as to John Montecalvo, Montecalvo Asphalt Paving Corp. (Kaizer, Nicholas) (Entered: 01/23/2006)
01/24/200620 ORDER Re: 17 Letter Application Seeking Modification of JOHN MONTECALVO'S Pretrial Release to permit his travel to Canada and the return of his passport to him. So Ordered. (Signed by Judge Arthur D. Spatt on 1/24/06). C/ECF. (Coleman, Laurie) (Entered: 02/02/2006)
01/26/200618 Letter to Judge Spatt requesting travel permission as to James Kenneth Haney (Scaring, Stephen) (Entered: 01/26/2006)
01/27/200619 Letter regarding government's second disclosure of discoverable material pursuant to FRCrP 16 as to James Kenneth Haney, Suffolk Asphalt Supply, Inc., William Louis Fehr, Jr, All-County Paving Corp., William Louis Fehr, Sr, Pavco Asphalt, Inc., John Montecalvo, Montecalvo Asphalt Paving Corp., Frank Gerald Schambra, Sundial Asphalt Co., Inc. (Miskiewicz, James) (Entered: 01/27/2006)
01/27/200621 ORDER Re: 18 Letter Application requesting permission for JAMES KENNETH HANEY to travelt o Jupiter Florida. So Ordered. (Signed by Judge Arthur D. Spatt on 1/27/06). C/ECF. (Coleman, Laurie) (Entered: 02/02/2006)
02/08/200622 NOTICE OF ATTORNEY APPEARANCE: Nicholas Gregory Kaizer appearing for John Montecalvo, Montecalvo Asphalt Paving Corp. Replacing Notice of Appearance initially filed December 12, 2005, regarding the Criminal Complaint (Kaizer, Nicholas) (Entered: 02/08/2006)
02/09/200623 Letter re government's third notice of discovery pursuant to F.R.Cr.P. 16 and notice of intent to offer evidence pursuant to FRE 404(b) as to James Kenneth Haney, Suffolk Asphalt Supply, Inc., William Louis Fehr, Jr, All-County Paving Corp., William Louis Fehr, Sr, Pavco Asphalt, Inc., John Montecalvo, Montecalvo Asphalt Paving Corp., Frank Gerald Schambra, Sundial Asphalt Co., Inc. (Miskiewicz, James) (Entered: 02/09/2006)
02/14/200628 Letter regarding revised index of additional discoverable recordings as to James Kenneth Haney, Suffolk Asphalt Supply, Inc., William Louis Fehr, Jr, All-County Paving Corp., William Louis Fehr, Sr, Pavco Asphalt, Inc., John Montecalvo, Montecalvo Asphalt Paving Corp., Frank Gerald Schambra, Sundial Asphalt Co., Inc. (Miskiewicz, James) (Entered: 02/14/2006)
02/24/200636 Letter to Honorable Arthur Spatt for permission to waive appearance at status conference 3.10.06 as to John Montecalvo (Kaizer, Nicholas) (Entered: 02/24/2006)
02/25/200638 ORDER Re: 36 Letter requesting leave of the Court for JOHN MONTECALVO to be excused from the 3/10/06 status conference. So Ordered. (Signed by Judge Arthur D. Spatt on 2/25/06). C/ECF. (Coleman, Laurie) (Entered: 03/03/2006)
03/02/200637 Letter request for Bill of Particulars as to William Louis Fehr, Sr (DeFeis, Nicholas) (Entered: 03/02/2006)
03/08/2006  Email Notification Test - DO NOT REPLY (Piper, Francine) (Entered: 03/08/2006)
03/08/2006  Email Notification Test - DO NOT REPLY. (Coleman, Laurie) (Entered: 03/08/2006)
03/08/2006  Email Notification Test - DO NOT REPLY (Mahon, Cinthia) (Entered: 03/08/2006)
03/10/200644 MINUTE ENTRY before Judge Arthur D. Spatt on 3/10/06 at 10:30 a.m., for Criminal Cause for STATUS CONFERENCE. Defendant JAMES K. HANEY (1) present on bail with retained counsel Stephen Scarring. Defendant Suffolk Asphalt (2) present on bail with retained counsel Stephen Scarring, John Carman. Defendant WILLIAM LOUIS FEHR, JR. (3) present on bail with retained counsel Ray Perini, Maureen Hoerger. Defendant ALL COUNTY PAVING (4) present on bail with retained counsel Steven Pinks. Defendant WILLIAM LOUIS FEHR, SR. (5) present on bail with retained counsel Nicholas M. DeFeis. Defendant PAVCO ASPHALT, INC. (6) present on bail with retained counsel Steven Pinks. Defendant JOHN MONTECALVO (7) not present, on bail, retained counsel Nicholas Kaizer present. Defendant MONTECALVO ASPHALT (8) not present, on bail, retained counsel Nicholas Kaizer present. Defendant FRANK GERALD SCHAMBRA (9) present on bail with counsel Kevin Keating. Defendant SUNDIAL ASPHALT (10) present on bail with retained counsel Kevin Keating. Govt: James Miskiewicz, AUSA. Deputy Clerk: Mary Ellen Schaffner. Court Reporter: Perry Auerbach. Case called. Defendants 1-6 and 9-10 appear with counsel. Counsel present without defendants 7 & 8. Status Conference/Hearing for defendants 1-10 adjourned to 5/19/06 at 10:00 a.m. Status Conference/Hearing for defendants 1-10 held. Speedy Trial Information for defendants 1-10: Code Tye: XT, Start Date: 3/10/06, Stop Date: 5/19/06. Excludable Delay entered on the record. (Coleman, Laurie) (Entered: 05/10/2006)
03/10/200645 WAIVER OF SPEEDY TRIAL/ORDER TO CONTINUE Ends of Justice as to JAMES KENNETH HANEY, SUFFOLK ASPHALT SUPPLY, INC. Time excluded from 3/10/06 until 5/19/06. (Signed by Judge Arthur D. Spatt on 3/10/06). (Coleman, Laurie) (Entered: 05/10/2006)
03/10/200647 WAIVER OF SPEEDY TRIAL/ORDER TO CONTINUE Ends of Justice as to WILLIAM LOUIS FEHR, SR., PAVCO ASPHALT, INC. Time excluded from 3/10/06 until 5/19/06. (Signed by Judge Arthur D. Spatt on 3/10/06). (Coleman, Laurie) (Entered: 05/10/2006)
03/10/200648 WAIVER OF SPEEDY TRIAL/ORDER TO CONTINUE Ends of Justice as to JOHN MONTECALVO, MONTECALVO ASPHALT PAVING CORP. Time excluded from 3/10/06 until 5/19/06. (Signed by Judge Arthur D. Spatt on 3/10/06). (Coleman, Laurie) (Entered: 05/10/2006)
03/10/200649 WAIVER OF SPEEDY TRIAL/ORDER TO CONTINUE Ends of Justice as to FRANK GERALD SCHAMBRA, SUNDIAL ASPHALT CO., INC. Time excluded from 3/10/06 until 5/19/06. (Signed by Judge Arthur D. Spatt on 3/10/06). (Coleman, Laurie) (Entered: 05/10/2006)
03/16/200639 Letter Government's fifth discovery letter to defendants as to James Kenneth Haney, Suffolk Asphalt Supply, Inc., William Louis Fehr, Jr, All-County Paving Corp., William Louis Fehr, Sr, Pavco Asphalt, Inc., John Montecalvo, Montecalvo Asphalt Paving Corp., Frank Gerald Schambra, Sundial Asphalt Co., Inc. (Miskiewicz, James) (Entered: 03/16/2006)
03/21/200640 Letter MOTION to Travel - To request that JAMES HANEY'S bail condition be modified to permit him to travel within the continental United States. Filed by James Kenneth Haney. (Coleman, Laurie) (Entered: 04/05/2006)
03/21/200641 ENDORSED ORDER Re: 40 Letter Application requesting that James Haney's bail conditions be modified to permit him to travel within the Continental United States. (Signed by Judge Arthur D. Spatt on 3/21/06). EOD #40. (Coleman, Laurie) (Entered: 04/05/2006)
04/04/200643 ORDER Re: 40 Letter requesting that JAMES KENNETH HANEY'S bail conditions be modified to permit him to travel within the continental United States. So Ordered. (Signed by Judge Arthur D. Spatt on 4/4/06). (Coleman, Laurie) (Entered: 04/19/2006)
04/07/200642 Letter in response to government's March 16 discovery letter as to William Louis Fehr, Sr (DeFeis, Nicholas) (Entered: 04/07/2006)
05/10/200646 WAIVER OF SPEEDY TRIAL/ORDER TO CONTINUE Ends of Justice as to WILLIAM LOUIS FEHR, JR., ALL-COUNTY PAVING CORP. Time excluded from 3/10/06 until 5/19/06. (Signed by Judge Arthur D. Spatt on 3/10/06). (Coleman, Laurie) (Entered: 05/10/2006)
05/19/200650 Letter as to James Kenneth Haney (Scaring, Stephen) (Entered: 05/19/2006)
05/19/200652 Letter MOTION to Amend/Correct the Order issued by Your Honor today to allow the release of $193,000 from the accounts that were attached to be used exclusively for payroll. Filed by Pavco Asphalt, Inc., Prima Asphalt Concrete, Inc.. (Coleman, Laurie) (Entered: 05/25/2006)
05/19/2006  ENDORSED ORDER Re: 52 Letter Application requesting an amendment to the 5/19/06 Order to allow the release of $193,000 from the accounts that were attached to be used exclusively for payroll - ONLY for the specific & only purpose to pay the weekly salaries of employyes of these two companies, up to the amount of $193,000 is released from the Government amendment attachment. (Signed by Judge Arthur D. Spatt on 5/19/06 at 1:55 p.m.). (Coleman, Laurie) (Entered: 05/25/2006)
05/19/200690 ORDER TO CONTINUE - Ends of Justice as to James Kenneth Haney, Suffolk Asphalt Supply, Inc. Time excluded from 5/19/06 until 1/4/07. . Ordered by Judge Arthur D. Spatt on 5/19/06. (Mierzejewski, Elizabeth) (Entered: 11/29/2006)
05/19/200691 ORDER TO CONTINUE - Ends of Justice as to William Louis Fehr, Jr, All-County Paving Corp. Time excluded from 5/19/06 until 1/4/07. . Ordered by Judge Arthur D. Spatt on 5/19/06. (Mierzejewski, Elizabeth) (Entered: 11/29/2006)
05/19/200692 ORDER TO CONTINUE - Ends of Justice as to William Louis Fehr, Sr, Pavco Asphalt, Inc. Time excluded from 5/19/96 until 1/4/07. . Ordered by Judge Arthur D. Spatt on 5/19/06. (Mierzejewski, Elizabeth) (Entered: 12/06/2006)
05/19/200694 MINUTE ENTRY before Judge Arthur D. Spatt on 5/19/06 at 11:00 a.m., for Criminal Cause for ARRAIGNMENT and NOT GUILTY PLEA. Defendant JAMES K. HANEY present on bail with counsel Stephen Scarring by Matthew Brissenden. Defendant SUFFOLK ASPHALT present on bail with retained counsel John Carmen. Defendant LOUIS FEHR, JR. present on bail with counsel Ray Perini and Maureen Hoerger. Defendant ALL-COUNTY present on bail with retained counsel Steven Pinks. Defendant PRIMA ASPHALT present on bail with retained counsel Steven Pinks. Defendant WILLIAM LOUIS FEHR, SR. present on bail with retained counsel Nicholas DeFeis. Defendant PAV-CO. ASPHALT present on bail with retained counsel Steven Pinks. Defendant FRANK G. SCHAMBRA present on bail with CJA counsel Kevin Keating. Govt: James Miskiewicz/James Knapp. Courtroom Deputy: Mary Ellen Schaffner. Court Reporter: Paul Lombardi. Case called. Defendants 1-9 appear with counsel Defendants 1-9 plead NOT GUILTY. Speedy Trial Information on defendants 1-9. Code Type: XT, Start Date: 5/19/06, Stop Date: 1/4/07. Other: Additional discovery is to be provided to the defendants within two (2) weeks. Motion Schedule: Defendants' Motions by 8/14/06. Government's Opposition by 9/28/06. Defendant's Reply by 9/28/06. Oral Argument and Status Conference 10/20/06 at 1:30 p.m. Questionairre to the jurors on 1/3/07. Jury Selection on 1/4/07 at 9:00 a.m. All sides consent to a Magistrate Judge selecting the jury. No adjournments of the trial schedule will be granted. Defendants Pavco, Prima and Sundial to bring O.S.C. regarding release of funds to pay employees etc. (Coleman, Laurie) (Entered: 12/14/2006)
05/22/200651 SUPERSEDING INDICTMENT (S-1) as to James Kenneth Haney (1) count(s) 1s, 2s, Suffolk Asphalt Supply, Inc. (2) count(s) 1s, 2s, William Louis Fehr, Jr (3) count(s) 1s, 2s, 3s, All-County Paving Corp. (4) count(s) 1s, 2s, William Louis Fehr, Sr (5) count(s) 1s, 2s, 3s, Pavco Asphalt, Inc. (6) count(s) 1s, 2s, 3s, Frank Gerald Schambra (9) count(s) 1s, 2s, Sundial Asphalt Co., Inc. (10) count(s) 1s, 2s, Prima Asphalt Concrete, Inc. (11) count(s) 1, 2, 3. (Attachments: # 1 Calendar Minutes on Grand Jury Presentment) (Fagan, Linda) (Entered: 05/22/2006)
05/22/200653 ORDER Re: 50 Letter Application requesting that the Court adjourn the Trial of this matter scheduled to begin on 1/3/07 - Questionaires to jurors on 1/3/07; Jury Selection on 1/4/07; Trial will not begin until 1/8/07 at the earliest; Request DENIED. (Signed by Judge Arthur D. Spatt on 5/22/06). (Coleman, Laurie) (Entered: 05/26/2006)
05/23/2006  Per the 5/23/06 e-mail from the U.S. Attorney's Office: Attorney Richard Thomas Lunger, Jr., for USA added. (Vaughn, Terry) (Entered: 05/23/2006)
06/28/200654 Letter Regarding supplemental discovery as to superseding indictment and response to request for inspection of Brookhavne documents as to James Kenneth Haney, Suffolk Asphalt Supply, Inc., William Louis Fehr, Jr, All-County Paving Corp., William Louis Fehr, Sr, Pavco Asphalt, Inc., John Montecalvo, Montecalvo Asphalt Paving Corp., Frank Gerald Schambra, Sundial Asphalt Co., Inc., Prima Asphalt Concrete, Inc. (Miskiewicz, James) (Entered: 06/28/2006)
07/05/200655 Letter in response to AUSA Miskiewicz's June 28, 2006 letter re: discovery as to William Louis Fehr, Sr (Attachments: # 1 Supplement April 6, 2006 Letter)(DeFeis, Nicholas) (Entered: 07/05/2006)
07/27/200658 MINUTE ENTRY as to JOHN MONTECALVO (7), MONTECALVO PAVING (8) before Judge Arthur D. Spatt on 7/27/06 from 9:42 a.m. - 9:47 a.m., for Criminal Cause for Status Conference/Hearing. Defendant John Montecalvo present with retained counsel Nicholas G. Kaizer. Defendant Montecalvo Paving present with retained counsel Nicholas G. Kaizer. Govt: James Miskiewicz, AUSA. Deputy Clerk: Mary Ellen Schaffner. Court Reporter: Dominick Tursi. Speedy Trial Information: Code Type: XT, Start Date: 7/27/06, Stop Date: 9/15/06. (Coleman, Laurie) (Entered: 08/22/2006)
07/27/200659 WAIVER OF SPEEDY TRIAL/ORDER TO CONTINUE Ends of Justice as to JOHN MONTECALVO, MONTECALVO ASPHALT PAVING COROP. Time excluded from 7/27/06 until 9/15/06. (Signed by Judge Arthur D. Spatt on 7/27/06). (Coleman, Laurie) (Entered: 08/22/2006)
08/14/200656  MOTION for Bill of Particulars by All-County Paving Corp., Pavco Asphalt, Inc., Prima Asphalt Concrete, Inc.. (Pinks, Steven) (Entered: 08/14/2006)
08/14/200657 First MOTION for Bill of Particulars , a Witness List, 404(b) Notice and Discovery by William Louis Fehr, Sr. (Attachments: # 1 Affidavit Memo in Support# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F)(DeFeis, Nicholas) (Entered: 08/14/2006)
09/13/200660 Letter Requesting Adjournment of 9-15-06 Status Conference as to John Montecalvo, Montecalvo Asphalt Paving Corp. (Kaizer, Nicholas) (Entered: 09/13/2006)
09/14/200661 RESPONSE in Opposition All-County Paving Corp., William Louis Fehr, Sr, Pavco Asphalt, Inc., Prima Asphalt Concrete, Inc. re 56 MOTION for Bill of Particulars, 57 First MOTION for Bill of Particulars , a Witness List, 404(b) Notice and Discovery BY THE GOVERNMENT (Miskiewicz, James) (Entered: 09/14/2006)
09/14/200684 ENDORSED ORDER as to John Montecalvo re 60 Letter Application. The application is granted. Status conference is adjourned to October 13, 2006 @1:30 p.m.. Ordered by Judge Arthur D. Spatt on 9/14/06. (Mierzejewski, Elizabeth) (Entered: 11/07/2006)
09/26/200662 Letter requesting Status Conference as to James Kenneth Haney (Scaring, Stephen) (Entered: 09/26/2006)
09/28/200663 Letter transmitting additional draft transcripts as to James Kenneth Haney, Suffolk Asphalt Supply, Inc., William Louis Fehr, Jr, All-County Paving Corp., William Louis Fehr, Sr, Pavco Asphalt, Inc., John Montecalvo, Montecalvo Asphalt Paving Corp., Frank Gerald Schambra, Sundial Asphalt Co., Inc., Prima Asphalt Concrete, Inc. (Miskiewicz, James) (Entered: 09/28/2006)
09/28/200664 REPLY TO RESPONSE to Motion William Louis Fehr, Sr re 57 First MOTION for Bill of Particulars , a Witness List, 404(b) Notice and Discovery (DeFeis, Nicholas) (Entered: 09/28/2006)
09/28/200669 ORDER as to JAMES KENNETH HANEY Re: 62 Letter requesting a status conference prior to the next scheduled Court appearance on 10/20/06, for oral argument on the pending motions, to resolve discovery issues between the Defense and the Prosecution - Application granted. Status Conference is set for 10/6/06 at 12:00 noon. (Signed by Judge Arthur D. Spatt on 9/28/06). (Coleman, Laurie) (Entered: 10/13/2006)
10/04/200665 NOTICE OF ATTORNEY APPEARANCE: Kevin James Keating appearing for Frank Gerald Schambra, Sundial Asphalt Co., Inc. (Attachments: # 1 Exhibit Notice of Appearance# 2)(Keating, Kevin) (Entered: 10/04/2006)
10/04/200666 NOTICE OF ATTORNEY APPEARANCE: Raymond G. Perini appearing for William Louis Fehr, Jr (Perini, Raymond) (Entered: 10/04/2006)
10/10/200667 Letter Requesting Discovery Conference as to James Kenneth Haney (Scaring, Stephen) (Entered: 10/10/2006)
10/11/200674 ORDER Re: 67 Letter requesting the Court schedule a conference as to JAMES KENNETH HANEY - Conference set for 9:00 a.m. on 10/16/06. (Signed by Judge Arthur D. Spatt on 10/11/06). (Coleman, Laurie) (Entered: 10/26/2006)
10/12/200668 Letter to Hon. Arthur D. Spatt joining in Stephen P. Scaring, Esq.'s October 10, 2006 letter application and requesting that we be excused from attending the October 16, 2006 conference as to William Louis Fehr, Sr (DeFeis, Nicholas) (Entered: 10/12/2006)
10/13/200670 Letter regarding status conference as to Frank Gerald Schambra (Keating, Kevin) (Entered: 10/13/2006)
10/13/200673 ORDER as to LOUIS FEHR SR. Re: 68 Letter joining in Stephen P. Scaring, Esq.'s 10/10/06 letter application and requesting to be excused from attending the 10/16/06 conference. So Ordered. (Signed by Judge Arthur D. Spatt on 10/13/06). (Coleman, Laurie) (Entered: 10/24/2006)
10/16/200689 MINUTE ENTRY: Case called for proceedings held before Arthur D. Spatt : STATUS CONFERENCE as to James Kenneth Haney, Suffolk Asphalt Supply, Inc., All-County Paving Corp., Prima Asphalt Concrete, Inc. held on 10/16/2006 @9:27-9:37 a.m. For James Haney: Stephen Scaring, For Suffolk Asphalt: John Carman, All County: Steven G. Pinks. For Pavco Asphalt: Steven G. Pinks. For Prima: Steven Pinks. OTHER: Re: Letter requesting discovery by Mr. Scaring. Rulings on the record. Mr. Pinks to file & serve Motion for Defendant Prima to dismiss Count 3 of the Supersceding indictment by 10/30/06. Government's Opposition by 11/13/06, Defendants Reply by 11/20/06. (Court Reporter Mary Ann Steiger.) (Mierzejewski, Elizabeth) (Entered: 11/16/2006)
10/17/200671 Letter to Hon. Arthur D. Spatt requesting that Mr. Fehr, Sr. be excused from attending the 10/20/06 conference as to William Louis Fehr, Sr (DeFeis, Nicholas) (Entered: 10/17/2006)
10/19/200672 Letter requesting to be excused from appearing as to Frank Gerald Schambra, Sundial Asphalt Co., Inc. (Keating, Kevin) (Entered: 10/19/2006)
10/19/200685 LETTER APPLICATION dtd 10/19/06 from counsel for James Kenneth Haney to Judge Spatt re: Request to be excused from the conference on the motion for the Bill of Particulars. (Mierzejewski, Elizabeth) (Entered: 11/08/2006)
10/20/200686 ENDORSED ORDER as to James Kenneth Haney re 85 Letter Application to be excused from the conference on the motion for a bill of particulars. Application is DENIED. . Ordered by Judge Arthur D. Spatt on 10/20/06. (Mierzejewski, Elizabeth) (Entered: 11/08/2006)
10/27/200675 Letter regarding government's position as to the requirement of an overt act in furtherance of 1349 conspiracy as to James Kenneth Haney, Suffolk Asphalt Supply, Inc., William Louis Fehr, Jr, All-County Paving Corp., William Louis Fehr, Sr, Pavco Asphalt, Inc., John Montecalvo, Montecalvo Asphalt Paving Corp., Frank Gerald Schambra, Sundial Asphalt Co., Inc., Prima Asphalt Concrete, Inc. (Miskiewicz, James) (Entered: 10/27/2006)
10/28/200676 MEMORANDUM OF DECISION AND ORDER - It is hereby ORDERED, that the defendants' motions for a bill of particulars are denied; and it is further ORDERED, that the motions by the defendant Fehr, Sr. for a witness list is denied; and it is further ORDERED, that the motion by the defendant Fehr, Sr. for 404(b) notice and discovery is denied, without prejudice; and it is further ORDERED, that the motion by the defendant Fehr, Sr. for discovery pursuant to Rule 16(a)(1) is granted, to the extent that the Government is directed to provide Fehr, Sr. with access to all of the documents and other materials produced to it from the Town of Brookhaven. (Signed by Judge Arthur D. Spatt on 10/28/06). (Coleman, Laurie) (Entered: 10/30/2006)
10/30/200677  MOTION to Dismiss Count Three of the Superseding Indictment by Pavco Asphalt, Inc., Prima Asphalt Concrete, Inc.. (Pinks, Steven) (Entered: 10/30/2006)
11/01/200678 Letter as to James Kenneth Haney (Scaring, Stephen) (Entered: 11/01/2006)
11/02/200679 NOTICE OF ATTORNEY APPEARANCE Cynthia M. Monaco appearing for USA. (Monaco, Cynthia) (Entered: 11/02/2006)
11/06/200680 Letter from AUSA Monaco regarding discovery as to James Kenneth Haney, Suffolk Asphalt Supply, Inc., William Louis Fehr, Jr, All-County Paving Corp., William Louis Fehr, Sr, Pavco Asphalt, Inc., John Montecalvo, Montecalvo Asphalt Paving Corp., Frank Gerald Schambra, Sundial Asphalt Co., Inc., Prima Asphalt Concrete, Inc. (Monaco, Cynthia) (Entered: 11/06/2006)
11/06/200681 Letter to Hon. Arthur D. Spatt regarding overt act requirement as to William Louis Fehr, Sr (DeFeis, Nicholas) (Entered: 11/06/2006)
11/07/200682 Letter from AUSA Miskiewicz transmitting early 3500 material, ree-sending Rule 16 diuscovery and renewing governemtn's request for reciprocal discovery as to James Kenneth Haney, Suffolk Asphalt Supply, Inc., William Louis Fehr, Jr, All-County Paving Corp., William Louis Fehr, Sr, Pavco Asphalt, Inc., John Montecalvo, Montecalvo Asphalt Paving Corp., Frank Gerald Schambra, Sundial Asphalt Co., Inc., Prima Asphalt Concrete, Inc. (Attachments: # 1 # 2)(Miskiewicz, James) (Entered: 11/07/2006)
11/07/200683 Letter from AUSA MIskiewicz disclosing Brookhaven memoranda pursuant to district court's order as to James Kenneth Haney, Suffolk Asphalt Supply, Inc., William Louis Fehr, Jr, All-County Paving Corp., William Louis Fehr, Sr, Pavco Asphalt, Inc., John Montecalvo, Montecalvo Asphalt Paving Corp., Frank Gerald Schambra, Sundial Asphalt Co., Inc., Prima Asphalt Concrete, Inc. (Attachments: # 1)(Miskiewicz, James) (Entered: 11/07/2006)
11/09/200687 Letter as to James Kenneth Haney (Scaring, Stephen) (Entered: 11/09/2006)
11/14/200688 Letter from AUSA Monaco regarding discovery as to James Kenneth Haney, Suffolk Asphalt Supply, Inc., William Louis Fehr, Jr, All-County Paving Corp., William Louis Fehr, Sr, Pavco Asphalt, Inc., John Montecalvo, Montecalvo Asphalt Paving Corp., Frank Gerald Schambra, Sundial Asphalt Co., Inc., Prima Asphalt Concrete, Inc. (Monaco, Cynthia) (Entered: 11/14/2006)
11/17/2006115 MINUTE ENTRY as to JOHN MONTECALVO, MONTECALVO ASPHALT PAVING CORP. Case called before Judge Arthur D. Spatt on 11/17/06 from 9:30 a.m. - 9:35 a.m., for Criminal Cause for STATUS CONFERENCE. Defendant John Montecalvo and counsel Nicholas G. Kaiser not present. Defendant Montecalvo Paving and counsel Nicholas G. Kaiser not present. Govt: James Miskiewicz, AUSA, Cinthia Monaco, AUSA. Deputy Clerk: Mary Ellen Schaffner. Court Reporter: Ellen Combs. Case called. Conference adjourned to 11/22/06 at 10:00 a.m. (Coleman, Laurie) (Entered: 02/15/2007)
11/22/2006116 MINUTE ENTRY as to JOHN MONTECALVO, MONTECALVO ASPHALT PAVING CORP. Case called before Judge Arthur D. Spatt on 11/22/06 at 10:30 a.m., for Criminal Cause for STATUS CONFERENCE. Defendant John Montecalvo present with counsel Nicholas G. Kaiser. Defendant Montecalvo Asphalt Paving Corp. present with counsel Nicholas G. Kaiser. Govt: James Miskiewicz, AUSA. Deputy Clerk: Mary Ellen Schaffner. Court Reporter: Stephanie Picozzi. Case called. Status Conference adjourned to 12/8/06 at 9:30 a.m. Speedy Trial Information: Code Type: XT, Start Date: 9/15/06, Stop Date: 12/8/06. (Coleman, Laurie) (Entered: 02/15/2007)
11/22/2006117 WAIVER OF SPEEDY TRIAL/ORDER TO CONTINUE Ends of Justice as to JOHN MONTECALVO, MONTECALVO ASPHALT PAVING CORP. Time excluded from 9/15/06 until 12/8/06. (Signed by Judge Arthur D. Spatt on 11/22/06). (Coleman, Laurie) (Entered: 02/15/2007)
11/29/2006112 ORDER TO CONTINUE - Ends of Justice as to John Montecalvo, Montecalvo Asphalt Paving Corp. Time excluded from 9/15/06 until 12/18/06.. Ordered by Judge Arthur D. Spatt on 11/29/06. (Mierzejewski, Elizabeth) (Entered: 02/12/2007)
12/06/200693 ORDER TO CONTINUE - Ends of Justice as to Frank Gerald Schambra, Sundial Asphalt Co., Inc. Time excluded from 5/19/06 until 1/4/07. . Ordered by Judge Arthur D. Spatt on 5/19/06. (Mierzejewski, Elizabeth) (Entered: 12/06/2006)
12/11/2006101 ORDER OF REFERRAL - The defendant, JAMES KENNETH HANEY, having knowingly requested leave to enter a plea of guilty, and having consented to have a United States Magistrate Judge hear the application, the matter is referred to Magistrate Judge Wall to administer the allocution pursuant to Fed. R. Crim. P., Rule 11, and make specific findings as to whether the plea is knowingly and voluntarily made, and to make a recommendation to this Court as to whether the plea of guilty should be accepted. (Signed by Judge Arthur D. Spatt on 12/11/06). (Coleman, Laurie) (Entered: 01/22/2007)
12/11/2006103  ORDER REFERRING CASE to Magistrate Judge William D. Wall as to WILLIAM LOUIS FEHR, JR. The matter is referred to administer the allocution pursuant to Rule 11, and make specific findings as to whether the plea is knowingly and voluntarily made, and to to make a recommendation to this Court as to whether the plea of guilty should be accepted. (Signed by Judge Arthur D. Spatt on 12/22/06). (Entered: 01/22/2007)
12/11/2006104  ORDER REFERRING CASE to Magistrate Judge William D. Wall as to FRANK GERALD SCHAMBRA. The matter is referred to administer the allocution pursuant to Rule 11, and make specific findings as to whether the plea is knowingly and voluntarily made, and to to make a recommendation to this Court as to whether the plea of guilty should be accepted. (Signed by Judge Arthur D. Spatt on 12/22/06). (Entered: 01/22/2007)
12/15/200695 Proposed Voir Dire by USA as to James Kenneth Haney, Suffolk Asphalt Supply, Inc., William Louis Fehr, Jr, All-County Paving Corp., William Louis Fehr, Sr, Pavco Asphalt, Inc., John Montecalvo, Montecalvo Asphalt Paving Corp., Frank Gerald Schambra, Sundial Asphalt Co., Inc., Prima Asphalt Concrete, Inc. (Miskiewicz, James) (Entered: 12/15/2006)
12/18/200698 LETTER dated 12/18/06 from Steven G. Pinks to Judge Spatt Re: After the revival of settlement negotiations, it appears that an agreement is imminent and, therefore, Pav-Co has agreed to provide the government with additional time. Consequently, the government will file any opposition by 12/26/06 and Pav-Co will file any reply by 12/29/06.(Coleman, Laurie) (Entered: 12/22/2006)
12/18/2006  ENDORSED ORDER as to All-County Paving Corp., Pavco Asphalt, Inc., Prima Asphalt Concrete, Inc. (collectively "Pav-co") Re: 98 Letter advising that it appears that an agreement is imminent and, therefore, Pav-Co has agreed to provide the government with additional time. Consequently, the government will file any opposition by 12/26/06 and Pav-Co will file any reply by 12/29/06. So Ordered. (Signed by Judge Arthur D. Spatt on 12/18/06). EOD #98. C/F. (Coleman, Laurie) (Entered: 12/22/2006)
12/18/2006111 LETTER dtd 12/18/06 from counsel for Pavco Asphalt, Inc. to Judge Spatt re: At the conference on Friday, December 15, 2006, the court ordered the United States to respond to Pav-Co's motion to dismiss Count III of the Superseding Indictment by December 19, 2005. After the revival of settlement negotiations, it appears that an agreement is imminent and therefor, Pav-Co has agreed to provide the government with additional time. consequently, the government will file any opposition by December 26, 2006 and Pav-Co will file any reply by December 29, 2006. (Mierzejewski, Elizabeth) (Entered: 02/12/2007)
12/19/200696 Letter "So Ordered" by Court extending U.S.'s time to respond to Pav-Co's Motion to Dismiss Count III of the Superseding Indictment as to Pavco Asphalt, Inc. (Pinks, Steven) (Entered: 12/19/2006)
12/20/2006102 ORDER REFERRING CASE to Magistrate Judge William D. Wall as to ALL-COUNTY PAVING CORP. The matter is referred to administer the allocution pursuant to Rule 11, and make specific findings as to whether the plea is knowingly and voluntarily made, and to to make a recommendation to this Court as to whether the plea of guilty should be accepted. (Signed by Judge Arthur D. Spatt on 12/20/06). (Coleman, Laurie) (Entered: 01/22/2007)
12/20/2006105 ORDER REFERRING CASE to Magistrate Judge William D. Wall as to SUFFOLK ASPHALT SUPPLY, INC. The matter is referred to administer the allocution pursuant to Rule 11, and make specific findings as to whether the plea is knowingly and voluntarily made, and to to make a recommendation to this Court as to whether the plea of guilty should be accepted. (Signed by Judge Arthur D. Spatt on 12/22/06). (Coleman, Laurie) (Entered: 01/22/2007)
12/20/2006106  ORDER REFERRING CASE to Magistrate Judge William D. Wall as to SUNDIAL ASPHALT CO., INC. The matter is referred to administer the allocution pursuant to Rule 11, and make specific findings as to whether the plea is knowingly and voluntarily made, and to to make a recommendation to this Court as to whether the plea of guilty should be accepted. (Signed by Judge Arthur D. Spatt on 12/20/06). (Coleman, Laurie) (Entered: 01/23/2007)
12/20/2006107  ORDER REFERRING CASE to Magistrate Judge William D. Wall as to PRIMA ASPHALT CONCRETE, INC. The matter is referred to administer the allocution pursuant to Rule 11, and make specific findings as to whether the plea is knowingly and voluntarily made, and to to make a recommendation to this Court as to whether the plea of guilty should be accepted. (Signed by Judge Arthur D. Spatt on 12/20/06). (Coleman, Laurie) (Entered: 01/23/2007)
12/21/200697 Letter to Hon. Arthur D. Spatt re: Mr. Fehr, Sr.'s medical condition and request to be excused from Dec. 22, 2006 proceedings as to William Louis Fehr, Sr (DeFeis, Nicholas) (Entered: 12/21/2006)
12/21/2006146 ORDER Re: 97 Letter requesting that we be excused from attending tomorrow's proceedings and that a status conference be scheduled for WILLIAM FEHR, SR. - Application granted. Matter adjourned to 2/2/07 at 10:30 a.m. (Signed by Judge Arthur D. Spatt on 12/21/06). (Coleman, Laurie) (Entered: 07/30/2007)
12/22/200699 ORDER REFERRING CASE to Magistrate Judge William D. Wall as to Pavco Asphalt, Inc. The matter is referred to administer the allocution pursuant to Rule 11, and make specific findings as to whether the plea is knowingly and voluntarily made, and to to make a recommendation to this Court as to whether the plea of guilty should be accepted. Ordered by Judge Arthur D. Spatt on 12/22/06. (Mahon, Cinthia) (Entered: 01/04/2007)
12/22/2006163 MINUTE ENTRY as to JAMES HANEY, SUFFOLK ASPHALT SUPPLY, INC., WILLIAM FEHR, JR., ALL COUNTY PAVING CORP., PRIMA ASPHALT CONCRETE, INC., PAVCO ASPHALT, INC., FRANK SCHAMBRA, SUNDIAL ASPHALT CO., INC. Case called before Judge William D. Wall on 12/22/06 from 9:30 a.m. - 11:00 a.m., for CRIMINAL CAUSE FOR CHANGE OF PLEA/GUILTY PLEA. Defendant James Haney present on bail with retained counsel Stephen Scaring. Defendant Suffolk Asphalt Supply, Inc., present with retained counsel John Carman. Defendant William Fehr, Jr. present on bail with retained counsel Raymond Perini. Defendant All County Paving Corp. present with retained counsel Steven Pinks. Defendant Prima Asphalt Concrete, Inc. present with retained counsel Steven Pinks. Defendant Pavco Asphalt, Inc. present with retained counsel Steven Pinks. Defendant Frank Schambra present with retained counsel Kevin Keating. Defendant Sundial Asphalt, Co., Inc. present with retained counsel Kevin Keating. Govt: Cynthia Monaco, AUSA/Richard Lunger, AUSA. Archive: F: Drive. Case called. CounSel for all sides present. Defendants are informed of their rights. Individual defendants sworn. All defendants waive trial. Defendants James Haney, Suffolk Asphalt Supply, Inc., William Fehr, Jr., All County Paving Corp., Prima Asphalt Concrete, Inc., Pavco Asphalt, Inc., Frank Schambra, and Sundial Asphalt Co., Inc. withdraw their pleas of not guilty and enter pleas of guilty to Counts one and two (1, 2) of a three count superseding indictment. The Court finds factual basis for the pleas and accepts them. Probation notified. Bail continued for James Haney, William Fehr, Jr. and Frank Schambra. Magistrate Judge Wall recommends the District Court accept the guilty pleas. Sentencing for James Haney will be 3/23/07 at 10:00 a.m. Sentencing for William Fehr, Jr. will be 3/30/07 at 1:30 p.m. Sentencing for Frank Schambra will be 4/13/07 at 1:30 p.m. All sentencing will before District Judge Arthur D. Spatt. Sentencing dates for Suffolk Asphalt Inc., Sundial Asphalt Co., Inc., All County Paving Corp., Prima Asphalt Inc. and Pavco Asphalt Inc. will be determined at a later date. (Coleman, Laurie) (Entered: 09/12/2007)
12/22/2006  ATTORNEY UPDATE in case as to PRIMA ASPHALT CONCRETE, INC. Attorney Steven G. Pinks for Prima Asphalt Concrete, Inc. added. (Coleman, Laurie) (Entered: 08/26/2008)
01/05/2007100 NOTICE Pursuant to Rule 32.2(b) of the Federal Rules of Criminal Procedure, the government respectfully requests that the Court so-order the attached Preliminary Order of Forfeiture which all of the defendants in the above-referenced criminal case have agreed to as part of their respective plea agreements. by James Kenneth Haney, Suffolk Asphalt Supply, Inc., William Louis Fehr, Jr, All-County Paving Corp., William Louis Fehr, Sr, Pavco Asphalt, Inc., Frank Gerald Schambra, Sundial Asphalt Co., Inc., Prima Asphalt Concrete, Inc. (Attachments: # 1 Text of Proposed Order) (Lunger, Richard) (Entered: 01/05/2007)
01/08/2007109 ORDER granting 100 Proposed Preliminary Order of Forfeiture as to defendants JAMES KENNTH HANEY, SUFFOLK ASPHALT SUPPLY, INC., WILLIAM LOUIS FEHR, JR. ALL-COUNTY PAVING CORP., PRIMA ASPHALT CONRETE, INC, WILLIAM LOUIS FEHR, SR., PAV-CO ASPHALT, INC. FRANK GERALD SCHAMBRA, and SUNDIAL ASPHALT CO., INC. The Court shall retain jurisdiction of this action to ensure compliance with the terms of this Order. The Clerk of the Court is directed to send, by inter-ofice mail, five certified copies of this executed Preliminary Order of Foreiture to Assistant United States Attorney, Richrd T. Lunger, United States Attorney's Office, Eastern District of New York, 610 Federal Plaza, 5th Floor, Central Islip, NY. SEE Order for further details. (Singed by Judge Arthur D. Spatt on 1/8/07). (Coleman, Laurie) (Entered: 01/31/2007)
01/08/2007  COPY OF DOCUMENT MAILED - On 1/31/07 five certified copy of the 109 Preliminary Order of Forfeiture were forwarded to Richard T. Lunger, AUSA, via inter-office mail. (Coleman, Laurie) (Entered: 01/31/2007)
01/30/2007108 Letter to Hon. Arthur D. Spatt re: request to adjourn Feb. 2 status conference due to Mr. Fehr, Sr.'s medical condition as to William Louis Fehr, Sr (DeFeis, Nicholas) (Entered: 01/30/2007)
01/31/2007113 ORDER Re: 108 Letter requesting that the 2/2/07 status conference as to William Louis Fehr, Sr. be adjourned without date and the matter be scheduled for an anticipated disposition on 3/8/07 at 11:00 a.m. before Magistrate Judge Wall. So Ordered. (Signed by Judge Arthur D. Spatt on 1/31/07). (Coleman, Laurie) (Entered: 02/13/2007)
02/01/2007110 Certificate of Service by USA as to James Kenneth Haney, Suffolk Asphalt Supply, Inc., William Louis Fehr, Jr, All-County Paving Corp., William Louis Fehr, Sr, Pavco Asphalt, Inc., Sundial Asphalt Co., Inc., Prima Asphalt Concrete, Inc. PROCESS RECEIPT and RETURN, showing the check in the amount of $1,000,000.00 was deposited into the seized asset forfeiture fund, pending further order of the Court. (Lunger, Richard) (Entered: 02/01/2007)
02/05/2007114 TRANSCRIPT of GUILTY PLEAS as to JAMES KENNETH HANEY, SUFFOLK ASPHALT SUPPLY, INC., WILLIAM LOUIS FEHR, JR., ALL-COUNTY PAVING CORP., PAVCO ASPHALT, INC., FRANK GERALD SCHAMBRA, SUNDIAL ASPHALT CO., INC., PRIMA ASPHALT CONCRETE, INC. on 1/17/07 filed. Proceeding recorded by Electronic Sound Recording (ESR). Transcribing Firm: Writer's Cramp, Inc. 732-329-0191. (Coleman, Laurie) (Entered: 02/15/2007)
03/05/2007140 ORDER OF REFERRAL - The defendant, WILLIAM L. FEHR, SR., having knowingly requested leave to enter a plea of guilty, and having consented to have a United States Magistrate Judge hear the application, the matter is referred to Magistrate Judge Wall to administer the allocution pursuant to F.R.Cr.P. 11, and make specific findings as to whether the plea is knowingly and voluntarily made, and to make a recommendation to this Court as to whether the plea of guilty should be accepted. (Signed by Judge Arthur D. Spatt on 3/5/07). (Coleman, Laurie) (Entered: 06/19/2007)
03/06/2007118 Letter MOTION for Medical Treatment : With the consent of the government, respectfully request that Mr. Fehr, Sr.'s 3/8/07 appearance be adjourned to 4/20/07 to permit Mr. Fehr, Sr. to undergo medical treatment by William Louis Fehr, Sr. (DeFeis, Nicholas) (Entered: 03/06/2007)
03/07/2007128 Process Receipt and Return form as to service of the 109 Preliminary Order of Forfeiture as to James Kenneth Haney, Suffolk Asphalt Supply, Inc., William Louis Fehr, Jr, All-County Paving Corp., William Louis Fehr, Sr, Pavco Asphalt, Inc., Frank Gerald Schambra, Sundial Asphalt Co., Inc., Prima Asphalt Concrete, Inc. Date of Service 3/1/07. $226,282.86 deposited into the seized asset deposit fund on 3/1/07. (Duong, Susan) (Entered: 05/03/2007)
03/08/2007131 ORDER granting the delay in the presentence investigation and adjournment of the sentence as to James Kenneth Haney. New sentence date: 5/4/07 at 3:00 p.m. Ordered by Judge Arthur D. Spatt on 3/8/07. c/ecf. (Duong, Susan) (Entered: 05/07/2007)
03/22/2007119 Letter regarding Sentencing Date as to James Kenneth Haney (Scaring, Stephen) (Entered: 03/22/2007)
03/22/2007134 Letter MOTION to Continue /adjourn the date of sentence from 3/23/07 until 5/4/07 at 3:00 PM by James Kenneth Haney. (Ryan, Mary) (Entered: 05/21/2007)
03/22/2007  Endorsed ORDER as to James Kenneth Haney granting the 134 letter motion for continuance. Sentencing adjourned to 5/4/07 at 3:00 PM. Ordered by Judge Arthur D. Spatt on 3/22/07. Movant's counsel is directed to serve a copy of this order on all parties upon receipt via fax. Endorsed on Document 134. (Ryan, Mary) (Entered: 05/21/2007)
03/23/2007120 Letter to Judge Spatt as to William Louis Fehr, Jr (Perini, Raymond) (Entered: 03/23/2007)
03/26/2007127 ORDER Re: 120 Letter requesting that the sentencing of LOUIS FEHR, JR. be adjourned to 5/18/07 at 9:30 a.m. - Application granted. (Signed by Judge Arthur D. Spatt on 3/26/07). (Coleman, Laurie) (Entered: 05/02/2007)
04/02/2007121 Letter requesting sentencing adjournment as to Frank Gerald Schambra (Keating, Kevin) (Entered: 04/02/2007)
04/02/2007122 Letter requesting sentencing adjournment as to Frank Gerald Schambra (Keating, Kevin) (Entered: 04/02/2007)
04/03/2007123 ORDER Re: Defendant's 121 and 122 Letter requesting that FRANK SCHAMBRA'S sentencing be adjourned from 4/13/07 until 6/1/07 at 9:00 a.m. (Signed by Judge Arthur D. Spatt on 4/3/07). (Coleman, Laurie) (Entered: 04/12/2007)
04/10/2007125 Process receipt and return form as to execution of the 109 Preliminary order of Forfeiture as to James Kenneth Haney, Suffolk Asphalt Supply, Inc., William Louis Fehr, Jr, All-County Paving Corp., William Louis Fehr, Sr, Pavco Asphalt, Inc., Frank Gerald Schambra, Sundial Asphalt Co., Inc., Prima Asphalt Concrete, Inc. The amount of $226,282.86 has been deposited into the seized asset deposit fund on 3/21/07. (Ryan, Mary) (Entered: 04/25/2007)
04/12/2007124 Letter to Hon. William D. Wall requesting adjournment, with the consent of the government, of Mr. Fehr, Sr.'s sentencing until June 15, 2007 as to William Louis Fehr, Sr (DeFeis, Nicholas) (Entered: 04/12/2007)
04/27/2007126 Letter regarding sentencing date as to James Kenneth Haney (Scaring, Stephen) Additional attachment(s) added on 5/29/2007 (Coleman, Laurie). (Entered: 04/27/2007)
05/03/2007  INCORRECT DOCKET INFORMATION: Document 129 , Order of Judge Arthur D. Spatt, dated 5/3/07, has been deleted from the docket sheet. Counsel was directed by the Court to serve a copy of this Order on all parties upon receipt. Therefore, Counsel should have filed an Affidavit of Service and if they chose to attach a copy of the Order they should remove the Judge's signature. The Clerk's Office will re-enter the 5/3/07 Order and Counsel has been advised that they are still required to electronically file an Affidavit of Service as to this document. If Counsel has any questions regarding the above or requires assistance docketing in the future they may contact the Docketing Department on (631) 712-6030. (Coleman, Laurie) (Entered: 05/04/2007)
05/03/2007129 ORDER Re: 126 Letter requesting to adjourn the 5/4/07 Sentencing as to JAMES KENNETH HANEY - Application granted. Sentencing is adjourned to 5/18/07 at 3:00 p.m. (Signed by Judge Arthur D. Spatt, on 5/3/07). (Coleman, Laurie) (Entered: 05/04/2007)
05/04/2007130 Letter to the Honorable Arthur D. Spatt as to William Louis Fehr, Jr (Perini, Raymond) (Entered: 05/04/2007)
05/04/2007139 Certificate of Service by USA as to James Kenneth Haney, Suffolk Asphalt Supply, Inc., William Louis Fehr, Jr, All-County Paving Corp., William Louis Fehr, Sr, Pavco Asphalt, Inc., Frank Gerald Schambra, Sundial Asphalt Co., Inc., Prima Asphalt Concrete, Inc. re Service on 4/23/07 of the 109 Preliminary Order of Forfeiture dated 1/8/07. $226,282.87 deposited into the seized asset deposit fund on 4/23/07. (Ryan, Mary) (Entered: 06/13/2007)
05/11/2007132 SENTENCING MEMORANDUM by James Kenneth Haney (Attachments: # 1 Exhibit A-1# 2 Exhibit A-2# 3 Exhibit A-3# 4 Exhibit B# 5 Exhibit C# 6 Exhibit D# 7 Exhibit E) (Scaring, Stephen) (Entered: 05/11/2007)
05/14/2007133 Certificate of Service by James Kenneth Haney (Scaring, Stephen) (Entered: 05/14/2007)
05/22/2007135 Letter requesting adjournment of sentencing to late August/early September as to Frank Gerald Schambra (Keating, Kevin) (Entered: 05/22/2007)
05/23/2007144 ORDER granting the 135 Letter application for an adjournment of sentencing as to Frank Gerald Schambra. Sentencing is adjourned to 9/7/07 at 11:00 am. Sentencing set for 9/7/07 at 12:00 pm. as to Sundial Asphalt Co., Inc. Ordered by Judge Arthur D. Spatt on 5/23/07. Mr. Keating is directed to serve a copy of this order on all parties upon receipt, via fax. (Rodecker, John) (Entered: 07/03/2007)
05/23/2007  Set/Reset Hearings as to Frank Gerald Schambra: Sentencing set for 9/7/2007 at 11:00 AM in Courtroom 1020 before Senior-Judge Arthur D. Spatt. (Rodecker, John) (Entered: 07/03/2007)
05/23/2007  Set/Reset Hearings as to Sundial Asphalt Co., Inc.: Sentencing set for 9/7/2007 at 12:00 PM in Courtroom 1020 before Senior-Judge Arthur D. Spatt. (Rodecker, John) (Entered: 07/03/2007)
05/29/2007136 Letter as to James Kenneth Haney (Scaring, Stephen) (Entered: 05/29/2007)
05/29/2007138 ORDER Re: 136 Letter requesting to adjourn the 5/31/07 sentencing as to JAMES KENNETH HANEY - Application to adjourn is granted. However, sentencing is adjourned to 6/18/07 at 9:00 a.m. (Signed by Judge Arthur D. Spatt on 5/29/07). (Coleman, Laurie) (Entered: 06/08/2007)
05/31/2007137 Certificate of Service by James Kenneth Haney (Brissenden, Matthew) (Entered: 05/31/2007)
06/15/2007141 MINUTE ENTRY as to WILLIAM LOUIS FEHR, SR. Case called before Judge William D. Wall on 6/15/07 at 11:40 a.m., for GUILTY PLEA/CHANGE OF PLEA HEARING. Defendant present on bail with retained counsel Nicholas DeFeis. Govt: James Miskiewicz, AUSA. Archive: f drive. ESR Operator: T. Talbott. The defendant is sworn and waives trial. The defendant pleaded guilty to counts one and two of the superseding indictment. Magistrate Judge Wall recommends that the district court accept the guilty plea. Sentencing is scheduled for 9/28/07 at 11:00 a.m. before District Judge Arthur D. Spatt. (Coleman, Laurie) (Entered: 06/21/2007)
06/18/2007165 MINUTE ENTRY as to James KENNETH HANEY. Case called before Judge Arthur D. Spatt on 6/18/07 at 9:20 a.m., for Criminal Cause for SENTENCING. Defendant James Kenneth Haney present on bail with retained counsel Stephen Scarring. Govt: James Miskiewicz, AUSA. Court Reporter: Paul Lombardi. Probation: Jennifer Connelly. Courtroom Deputy: Mary Ellen Schaffner. Case called. Counsel for all sides present. Sentencing held. Statement(s) of defendant and counsel heard. Court accepts guilty plea recommendation of Magistrate Judge Wall. Court accepts facts as set forth in P.S.R. The defendant is sentenced to 8 months concurrent on Counts 1 & 2 to be followed by 3 years of Supervised Release. Special Conditions of Supervised Release: SEE J&C. The defendant shall surrender to U.S. Marshal, Brooklyn, or to the institution, if designated by 12:00 noon on 9/10/07. The Court makes the following recommendations to the Bureau of Prisons: (SEE J&C). The Fine is waived based on the defendant's inability to pay. Restitution is ordered $326, 343.20 join and several with all defendants. Special Assessment is imposed in the sum of $200.00, to be paid immediately. The Defendant is advised of the Right to Appeal. (Coleman, Laurie) (Entered: 09/26/2007)
06/28/2007142 Letter to the Honorable Arthur D. Spatt as to William Louis Fehr, Jr (Perini, Raymond) (Entered: 06/28/2007)
06/29/2007145 ORDER Re: 142 Letter requesting to adjourn WILLIAM FEHR, JR.'S sentencing from 7/6/07 to 9/4/07 at 10:00 a.m. So Ordered. (Signd by Judge Arthur D. Spatt on 6/29/07) (Coleman, Laurie) (Entered: 07/10/2007)
07/02/2007143 Certificate of Service by William Louis Fehr, Jr re 142 Letter adjourning sentencing to September 4, 2007 (Perini, Raymond) (Entered: 07/02/2007)
08/01/2007148 TRANSCRIPT of Criminal Cause for Pleading before the Honorable William D. Wall, United States Magistrate Judge as to LOUIS FEHR, SR. Proceeding recorded by Electronic Sound Recording (ESR). Court Transcriber: Aria Transcriptions (718) 522-2335. (Coleman, Laurie) (Entered: 08/03/2007)
08/02/2007147 Letter Request Adjournment of Sentence as to All-County Paving Corp. (Pinks, Steven) (Entered: 08/02/2007)
08/02/2007149 TRANSCRIPT of Criminal Cause for GUILTY PLEA before the Honorable William D. Wall, United States Magistrate Judge, on 6/15/07 as to WILLIAM FEHR, SR. Proceeding recorded by Electronic Sound Recording (ESR). Court Transcriber: Shari Reimer, TypeWrite Word Processing Service. (Coleman, Laurie) (Entered: 08/03/2007)
08/02/2007155 Letter MOTION to Continue - To request an adjournment of the sentencing date scheduled for ALL COUNTY PAVING CORP. on 8/10/07. Filed by All-County Paving Corp.. (Coleman, Laurie) (Entered: 08/29/2007)
08/02/2007  ENDORSED ORDER Re: [ 155 Letter Motion requesting an adjournment of the sentencing date scheduled for ALL COUNTY PAVING CORP. on 8/10/07 - Application granted. Sentencing is adjourned to 9/6/07 at 10:00 a.m. (Signed by Judge Arthur D. Spatt on 8/2/07). EOD #155. (Coleman, Laurie) (Entered: 08/29/2007)
08/07/2007150 CERTIFICATE OF SERVICE/USM-285 Form filed by USA as to JAMES KENNETH HANEY as to the Preliminary Order of Forfeiture - $226,282.86 deposited into the seized asset deposit fund on 6/25/07. Date of Service 6/25/07. (Coleman, Laurie) (Entered: 08/07/2007)
08/16/2007151 CERTIFICATE OF SERVICE (USM-285 Form) by USA as to JAMES KENNETH HANEY, SUFFOLK ASPHALT SUPPLY, INC., WILLIAM LOUIS FEHR, JR., ALL-COUNTY PAVING CORP., WILLIAM LOUIS FEHR, SR, PAVCO ASPHALT, INC., FRANK GERALD SCHAMBRA, SUNDIAL ASPHALT CO., INC., PRIMA ASPHALT CONCRETE, INC. Re: 109 Preliminary Order of Forfeiture. Remarks: $226,282.93 deposited into the the seized asset deposit fund on 6/1/07. (Coleman, Laurie) (Entered: 08/16/2007)
08/16/2007152 CERTIFICATE OF SERVICE (USM-285 Form) by USA as to JAMES KENNETH HANEY, SUFFOLK ASPHALT SUPPLY, INC, WILLIAM LOUIS FEHR, JR., ALL-COUNTY PAVING CORP, WILLIAM LOUIS FEHR, SR, PAVCO ASPHALT, INc, FRANK GERALD SCHAMBRA, SUNDIAL ASPHALT CO, INC, PRIMA ASPHALT CONCRETE, INC Re: 109 Preliminary Order of Forfeiture - Remarks: $113,141.50 deposited into the the seized asset deposit fund on 7/26/07. (Coleman, Laurie) (Entered: 08/16/2007)
08/20/2007153 Letter regarding criminal history level as to William Louis Fehr, Jr (Perini, Raymond) (Entered: 08/20/2007)
08/21/2007154 Letter requesting adjournment of sentencing to October 19, 2007 as to Frank Gerald Schambra, Sundial Asphalt Co., Inc. (Keating, Kevin) (Entered: 08/21/2007)
08/24/2007161 ORDER Re: 154 Letter requesting that the 9/7/07 sentencing of FRANK SCHAMBRA and SUNDIAL ASPHALT CORP. be adjourned - Sentencing is adjourned to 10/26/07 at 3:30 p.m. for defendant Schambra and 4:00 p.m. for defendant Sundial. (Signed by Judge Arthur D. Spatt on 8/24/07). (Coleman, Laurie) (Entered: 09/11/2007)
08/30/2007156 Letter requesting surrender date be adjourned to October 29, 2007 as to James Kenneth Haney (Scaring, Stephen) (Entered: 08/30/2007)
08/30/2007157 Letter as to William Louis Fehr, Jr (Perini, Raymond) (Entered: 08/30/2007)
08/31/2007162 ORDER Re: 156 Letter requesting to adjourn JAMES KENNETH HANEY'S surrender date from 9/6/07 until 10/29/07. SO ORDERED. (Signed by Judge Arthur D. Spatt on 8/31/07). (Coleman, Laurie) (Entered: 09/12/2007)
09/04/2007158 Letter requesting sentencing adjournment as to Suffolk Asphalt Supply, Inc. (Carman, John) (Entered: 09/04/2007)
09/04/2007171 MINUTE ENTRY as to WILLIAM LOUIS FEHR, JR. (3). Case called before Judge Arthur D. Spatt on 9/4/07 at 10:24 a.m., for Criminal Cause for SENTENCING. Defendant William Louis Fehr, Jr. present on bail with retained counsel Raymond G. Perini. Govt: James Miskiewicz, AUSA. Court Reporter: Ellen Combs. Probation: Jennifer Connolly. Courtroom Deputy: Mary Ellen Schaffner. Case called. Sentencing held. Statement(s) of defendant and counsel heard. Court accepts guilty plea recommendations of Magistrate Judge Wall. Court accepts facts as set forth in P.S.R. The defendant is sentenced to 8 months Imprisonment to be followed by 3 years of Supervised Release. Special Conditions of Supervised Release: SEE J&C. The defendant shall surrender to the U.S. Marshal, Brooklyn, or institution if designated by 12:00 noon on 12/3/07. The Court makes the following recommendations to the Bureau of Prisons: SEE J&C. The Fine is waived based on the defendant's inability to pay. Restitution is ordered: SEE J&C. Special Assessment is imposed in the sum of $200.00, to be paid immediately. The remaining Counts are dismissed on the United States' motion. The defendant is advised of the Right to Appeal. (Coleman, Laurie) (Entered: 10/11/2007)
09/05/2007159 Letter Adjourn sentencing date as to All-County Paving Corp. (Pinks, Steven) (Entered: 09/05/2007)
09/05/2007169 Letter MOTION to Continue .. adjourn sentencing date to whatever date is selected, by All-County Paving Corp.. (Barhome, Sydelle) (Entered: 10/04/2007)
09/07/2007160 Letter for Sentencing as to Suffolk Asphalt Supply, Inc. (Carman, John) (Entered: 09/07/2007)
09/07/2007168 ORDER Re: 158 Letter requesting SUFFOLK ASPHALT SUPPLY INC.'s Sentencing date be adjourned from 9/5/07 to 9/10/07 at 12:00 p.m. SO ORDERED. (Signed by Judge Arthur D. Spatt on 9/7/07). (Coleman, Laurie) (Entered: 09/26/2007)
09/18/2007166 JUDGMENT as to JAMES KENNETH HANEY. The defendant pleaded guilty to Count(s) 1 and 2 (Three Count Superseding Indictment). The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of eight (8) months concurrent on Counts 1 and 2. The defendant shall be given credit for time already served, if any. The Court makes the following recommendation to the Bureau of Prisons: That the defendant serve his sentence at Camp at Otisville, NY. The defendant shall surrender to the United States Marshal for this district at 12:00 p.m. on 1/5/08 or to the Institution. Upon release from Imprisonment, the defendant shall be on Supervised Release for a term of three (3) years. Additional Supervised Release Terms: 1. The defendant shall pay Restitution in the sum of $326,343.20 joint and several with his co-defendants (William Louis Fehr, Jr.; William Louis Fehr, Sr.; John Montecalvo and Frank Gerald Schambra) to the Clerk of the Court. SEE J&C for names of Payees. Payments are at a rate of 10% of his gross monthly income and shall commence sixty (60) days after his release from Imprisonment. Payments shall continue until the full amount of Restitution is paid even after the term of Supervised Release has terminated. 2. The defendant is subject to the Final Order of Forfeiture dated 6/18/07 and is attached to this Judgment and Conviction Order. Criminal Monetary Penalties: The defendant must pay a Special Assessment in the lump sum payment of $200.00, due immediately. Count(s) 3 and underlying Indictment are dismissed on the motion of the United States. (Signed by Judge Arthur D. Spatt on 9/7/07). (Attachments: # 1 Final Order of Forfeiture (Signed by Judge Arthur D. Spatt on 6/21/07)). ** Five certified copies of the Final Order of Forfeiture forwarded to the Richard, T. Lunger, AUSA, via inter-office mail on 9/26/07. (Coleman, Laurie) (Entered: 09/26/2007)
09/19/2007164 Letter to Hon. Arthur D. Spatt regarding sentencing adjournment as to William Louis Fehr, Sr (Patterson, Philip) (Entered: 09/19/2007)
09/26/2007172 ORDER as to William Louis Fehr, Sr re 164 Letter requesting adjournment of sentence. Application granted. Sentencing is adjourned to January 18, 2008 at 9:00 AM. Ordered by Judge Arthur D. Spatt on 9/26/07. (Brienza, Lauren) (Entered: 10/11/2007)
09/26/2007173 JUDGMENT as to WILLIAM LOUIS FEHR, JR. (S1)-03. The defendant pleaded guilty to Count(s) One and Two (Three Count Superseding Indictment). The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of eight (8) months concurrent on Counts 1 and 2. The defendant is to be given credit for time already served, if any. The Court makes the following recommendations to the Bureau of Prisons: That the defendant serve his sentence at Schuylkill Camp. The defendant shall surrender to the United States Marshal for this district at 12:00 p.m. on 12/3/07 or to the Institution. Upon release from Imprisonment, the defendant shall be on Supervised Release for a term of three (3) years. Additional Supervised Release Terms: 1. The defendant shall pay Restitution in the sum of $326,343.20. See J&C for names of payees and Restitution Ordered. Joint and Several with the co-defendants to the Clerk of the Court, 100 Federal Plaza, Central Islip, NY 11722 at the rate of 10% of his gross monthly income until the full amount is paid even after the term of Supervised Release is terminated. Payments shall commence sixty (60) days after the defendant's release from Imprisonment. 2. The defendant is subject to forfeiture in the amount of $2,300,000.00 less any amount previously forfeited. Final Order of Forfeiture dated 9/4/07 is attached to this Judgment and Conviction Order. The defendant must pay a Special Assessment in the lump sum total of $200.00, due immediately. The court determined that the defendant does not have the ability to pay interest and it is ordered that: the interest requirement is waived for the restitution. (Signed by Judge Arthur D. Spatt, on 9/26/07). (Attachments: (1) FINAL ORDER OF FORFEITURE). ** Five certified copies of the Final Order of Forfeiture forwarded to United States Attorney's Office, Attn: Asset Forfeiture Paralegal, Brian Gappa, via inter-office mail on 10/11/07. ** (Coleman, Laurie) (Entered: 10/11/2007)
10/04/2007  ORDER as to All-County Paving Corp. granting #169 Letter Motion for sentencing adjournment. Application granted. Sentencing is adjourned to 10/19/07 at 3:30pm. Endorsed on Doc. #169.. Ordered by Judge Arthur D. Spatt on 9/5/07. (Barhome, Sydelle) (Entered: 10/04/2007)
10/09/2007170 Letter requesting adjournment of sentencings to February 2008 as to Frank Gerald Schambra, Sundial Asphalt Co., Inc. (Keating, Kevin) (Entered: 10/09/2007)
10/10/2007175 ORDER Re: 170 Letter requesting to adjourn the 10/26/07 sentencing as to FRANK GERALD SCHAMBRA, SUNDIAL ASPHALT, CO., INC. to early February 2008 - Application granted. Sentencings are adjourned to 2/8/08 at 9:00 for defendant Schambra and 9:30 a.m. for defendant Sundial. (Signed by Judge Arthur D. Spatt on 10/10/07). (Coleman, Laurie) (Entered: 10/19/2007)
10/19/2007176 ORDER Re: 156 Letter requesting that JAMES KENNETH HANEY'S surrender date of 9/6/07 be adjourned to 10/29/07 - Application granted. The Judgment and Conviction Order dated 9/7/07, mistakenely has the date of 1/5/08. Therefore, the defendant shall surrender on 10/29/07 to the Institution designated. (Signed by Judge Arthur D. Spatt on 10/19/07). (Coleman, Laurie) (Entered: 11/01/2007)
10/19/2007189 Minute Entry for proceedings held before Senior Judge Arthur D. Spatt:Sentencing held on 10/19/2007 for Suffolk Asphalt Supply, Inc. (2), Count(s) 1, 2, Dismissed on the motion of the Government; Count(s) 1s, PROBATION: 3 Years. The defendant shall pay restitution in the sum of Three hundred twenty six thousand three hundred forty three dollars and twenty cents ($326,343.20)joint and several with Co-defendants James Kenneth Haney; William Fehr, Sr; William Fehr, Jr.; John Montecalvo and Frank Gerald Shambra. Payments are at a rate of 10% of the defendants gross monthly income. Payments shall commence sixty (60) days after the Defendant James K. Haney's release from imprisonment until the full amount of restitution is paid in full. The defendant shall be credited for payments made by the co-defendants.; Count(s) 2s, PROBATION: 3 Years. The defendant shall pay restitution in the sum of Three hundred twenty six thousand three hundred forty three dollars and twenty cents ($326,343.20)joint and several with Co-defendants James Kenneth Haney; William Fehr, Sr; William Fehr, Jr.; John Montecalvo and Frank Gerald Shambra. Payments are at a rate of 10% of the defendants gross monthly income. Payments shall commence sixty (60) days after the Defendant James K. Haney's release from imprisonment until the full amount of restitution is paid in full. The defendant shall be credited for payments made by the co-defendants.. (Court Reporter Harry Rapaport.) (Mierzejewski, Elizabeth) (Entered: 04/16/2008)
10/19/2007190 JUDGMENT as to Suffolk Asphalt Supply, Inc. (2), Count(s) 1, 2, Dismissed on the motion of the Government; Count(s) 1s, PROBATION: 3 Years. The defendant shall pay restitution in the sum of Three hundred twenty six thousand three hundred forty three dollars and twenty cents ($326,343.20)joint and several with Co-defendants James Kenneth Haney; William Fehr, Sr; William Fehr, Jr.; John Montecalvo and Frank Gerald Shambra. Payments are at a rate of 10% of the defendants gross monthly income. Payments shall commence sixty (60) days after the Defendant James K. Haney's release from imprisonment until the full amount of restitution is paid in full. The defendant shall be credited for payments made by the co-defendants.; Count(s) 2s, PROBATION: 3 Years. The defendant shall pay restitution in the sum of Three hundred twenty six thousand three hundred forty three dollars and twenty cents ($326,343.20)joint and several with Co-defendants James Kenneth Haney; William Fehr, Sr; William Fehr, Jr.; John Montecalvo and Frank Gerald Shambra. Payments are at a rate of 10% of the defendants gross monthly income. Payments shall commence sixty (60) days after the Defendant James K. Haney's release from imprisonment until the full amount of restitution is paid in full. The defendant shall be credited for payments made by the co-defendants.. Ordered by Senior Judge Arthur D. Spatt on 10/19/08. (Mierzejewski, Elizabeth) (Entered: 04/16/2008)
10/19/2007192 ORDER DIRECTING FORFEITURE OF PROPERTY as to Suffolk Asphalt Supply, Inc.. Ordered by Senior Judge Arthur D. Spatt on 10/19/07. cm (Mierzejewski, Elizabeth) (Entered: 04/18/2008)
11/27/2007177 Letter Requesting adjournment of sentencing of Pav-Co Asphalt, Inc., Prima Asphalt Concrete, Inc. and All County Paving Corp., Inc. as to All-County Paving Corp., Pavco Asphalt, Inc., Prima Asphalt Concrete, Inc. (Pinks, Steven) (Entered: 11/27/2007)
11/28/2007179 ORDER Re: 177 Letter requesting that the sentencing of All County Paving Corp., Pav-Co. Asphalt, Inc. and Prima Asphalt Concret, Inc. be adjourned from 11/30/07 to 1/25/08 - Application granted. Sentencing adjourned to 1/25/08 at 2:30 p.m. (Signed by Senior Judge Arthur D. Spatt on 11/28/07). (Coleman, Laurie) (Entered: 12/05/2007)
11/29/2007178 OBJECTION TO PRESENTENCE INVESTIGATION REPORT by Prima Asphalt Concrete, Inc. (Pinks, Steven) (Entered: 11/29/2007)
01/07/2008180 Letter requesting adjournment of sentencing as to William Louis Fehr, Sr (DeFeis, Nicholas) (Entered: 01/07/2008)
01/22/2008182 LETTER Application dtd 1/18/08 from Angela Demeri, Secretary to Pavco Asphalt, Inc. to Spatt re: If it is within your legal authority to do so, please include Three Sons Striping Supply, Inc. as a victim due and owing any and all unpaid compensation for work completed and order full payment directly to Three Sons Striping and supply, Inc. without any further delay. (Mierzejewski, Elizabeth) (Entered: 01/24/2008)
01/24/2008181 Letter requesting adjournment of sentencing of All County Paving Corp., Pav-Co Asphalt, Inc. and Prima Asphalt Concrete, Inc. from 1/25/08 to 3/28/08 as to James Kenneth Haney, Suffolk Asphalt Supply, Inc., William Louis Fehr, Jr, All-County Paving Corp., William Louis Fehr, Sr, Pavco Asphalt, Inc., John Montecalvo, Montecalvo Asphalt Paving Corp., Frank Gerald Schambra, Sundial Asphalt Co., Inc., Prima Asphalt Concrete, Inc. (Pinks, Steven) (Entered: 01/24/2008)
01/24/2008185 ENDORSED ORDER GRANTING the 181 Letter Request for adjournment of of the sentencing to March 28, 2008 @2:00 p.m.. Ordered by Senior Judge Arthur D. Spatt on 1/24/08. (Mierzejewski, Elizabeth) (Entered: 02/01/2008)
01/31/2008183 Letter objecting to claim of Three Sons Striping and Supply, Inc. as to Pavco Asphalt, Inc. (Pinks, Steven) (Entered: 01/31/2008)
01/31/2008184 OBJECTION TO PRESENTENCE INVESTIGATION REPORT by Prima Asphalt Concrete, Inc. (Pinks, Steven) (Entered: 01/31/2008)
02/05/2008186 Letter requesting adjournment of sentencing to April 2008 as to Frank Gerald Schambra, Sundial Asphalt Co., Inc. (Keating, Kevin) (Entered: 02/05/2008)
02/05/2008187 ORDER Re: 186 Letter requesting an adjournment of the 2/8/08 sentencing as to FRANK GERALD SCHAMBRA and SUNDIAL ASPHALT CO., INC. to April 2008, or a date convenient to the Court - Application granted. Sentencings are adjourned to 5/2/08 at 9:00 a.m. for Frank Schambra and 9:30 a.m. for Sundial. (Signed by Senior Judge Arthur D. Spatt on 2/5/08). (Coleman, Laurie) (Entered: 02/14/2008)
03/24/2008188 Letter to Hon. Arthur D. Spatt regarding sentencing as to William Louis Fehr, Sr (DeFeis, Nicholas) (Entered: 03/24/2008)
04/11/2008191 Certificate of Service filed by USA as to service of the Final Order of Forfeiture dated 6/21/2007 (Filed as attachment #1 to the 166 Judgment)served on 4/8/2008 as to James Kenneth Haney. The following checks $226,282.86 (07-FBI-003382), $226,282.87 (07-FBI-002429), $226,282.86 (07-FBI-001558), $226,282.93 (07-FBI-002873), $226,282.87 (07-FBI-001824), (07-FBI-004010) Transferred to the asset forfeiture find on 4/8/2008. $75,427.58 deposited into the asset forfeiture fund on 4/7/2008 (08-FBI-002279). (Glueckert, Lisa) (Entered: 04/17/2008)
04/28/2008196 Letter requesting adjournment of sentencing to August 1 2008 as to Frank Gerald Schambra, Sundial Asphalt Co., Inc. (Keating, Kevin) (Entered: 04/28/2008)
04/29/2008202 ORDER Re: 196 Letter requesting to adjourn the 5/2/08 sentencing as to FRANK SCHAMBRA and SUNDIAL ASPHALT from 5/2/08 to 8/1/08 at 9:00 a.m. So Ordered. (Signed by Senior Judge Arthur D. Spatt on 4/29/08). (Coleman, Laurie) (Entered: 05/19/2008)
05/06/2008197 CERTIFICATE OF SERVICE by USA as to JAMES KENNETH HANEY Re: Final Order of Forfeiture - Remarks: $1,000,000.00 transferred to the asset forfeiture fund on 5/1/08. (Coleman, Laurie) (Entered: 05/06/2008)
05/14/2008198 Letter requesting stay of Restraining Notices and modification of Judgment as to James Kenneth Haney (Attachments: # 1 enclosure) (Scaring, Stephen) (Entered: 05/14/2008)
05/19/2008199 NOTICE OF ATTORNEY APPEARANCE Beth Patricia Schwartz appearing for USA. (Schwartz, Beth) (Entered: 05/19/2008)
05/19/2008200 Letter in Opposition to Letter Dated May 14, 2008 Requesting a Stay of Restraining Notices and a Modification of the Judgment as to James Kenneth Haney, Suffolk Asphalt Supply, Inc., William Louis Fehr, Jr, All-County Paving Corp., William Louis Fehr, Sr, Pavco Asphalt, Inc., John Montecalvo, Montecalvo Asphalt Paving Corp., Frank Gerald Schambra, Sundial Asphalt Co., Inc., Prima Asphalt Concrete, Inc. (Schwartz, Beth) (Entered: 05/19/2008)
05/19/2008201 Letter CORRECTED Letter in Opposition to Letter Dated May 14, 2008, Requesting a Stay of Restraining Notices and a Modification of the Judgment as to James Kenneth Haney, Suffolk Asphalt Supply, Inc., William Louis Fehr, Jr, All-County Paving Corp., William Louis Fehr, Sr, Pavco Asphalt, Inc., John Montecalvo, Montecalvo Asphalt Paving Corp., Frank Gerald Schambra, Sundial Asphalt Co., Inc., Prima Asphalt Concrete, Inc. (Schwartz, Beth) (Entered: 05/19/2008)
05/19/2008232 LETTER dated 5/19/08 from Ernest T. Bartol to Judge Spatt Re: We are the attorneys for Newborn Construction, Inc. We request that Your Honor grant a protective Order in favor of Newborn Construction, Inc. canceling the Information Subpoena, Restraining Notice and Questions and Answers in connection with an Information Subpoena. We are prepared to make a formal motion by Order to Show Cause, or by Notice of Motion to you should your Honor feel the same is appropriate. (Rcvd docketing 10/29/08). (Coleman, Laurie) (Entered: 10/29/2008)
05/20/2008203 ORDER Re: 198 Letter asking the Court to issue an order 1) staying the Government's restraining notices until restitution has become due and owing pursuant ot the Court's Judgment; and 2) modifying the Judgment to provide that restitution will simultaneously become due and owing for all defendants upon the release of the last defendant from incarceration - Application granted. An in-court conference is scheduled for 5/28/08 at 9:30 a.m. (Signed by Senior Judge Arthur D. Spatt on 5/20/08). (Coleman, Laurie) (Entered: 05/21/2008)
05/21/2008204 CERTIFICATE OF SERVE (USM-285 Form) by USA as to JAMES KENNETH HANEY Re: Final Order of Forfeiture. Remarks: $37,713.78 deposited into the asset forfeiture fund on 4/10/08. (Coleman, Laurie) (Entered: 05/22/2008)
05/21/2008206 ORDER Re: Letter requesting stay of Restraining Notices and modification of Judgment as to JAMES KENNETH HANEY. So Ordered. (Signed by Senior Judge Arthur D. Spatt on 5/21/08). (Coleman, Laurie) (Entered: 05/29/2008)
05/27/2008205 SENTENCING MEMORANDUM by William Louis Fehr, Sr (Attachments: # 1 Exhibit A, # 2 Exhibit B) (DeFeis, Nicholas) (Entered: 05/27/2008)
05/28/2008213 Minute Entry for proceedings held before Senior Judge Arthur D. Spatt:Status Conference as to James Kenneth Haney held on 5/28/2008@9:30.James Haney not present, in custody with retained attorney Stephen Scaring & Steven Finks, for Corp. Dfts Beth Schwartz for gov't. Case called Counsel present without dfts. RE: 5/14/08 letter from Mr. Scaring. Court reserves decision on restraining notices. US Attorneys office to notify the victims of new terms of restitution payments. Objections in writing within 10 days.(Court Reporter Mary Ann Steiger.) (Barhome, Sydelle) (Entered: 06/18/2008)
05/29/2008207 Letter Notifying Victims of Proposed Order Modifying Judgment as to James Kenneth Haney, Suffolk Asphalt Supply, Inc., William Louis Fehr, Jr, All-County Paving Corp., William Louis Fehr, Sr, Pavco Asphalt, Inc., John Montecalvo, Montecalvo Asphalt Paving Corp., Frank Gerald Schambra, Sundial Asphalt Co., Inc., Prima Asphalt Concrete, Inc. (Schwartz, Beth) (Entered: 05/29/2008)
05/30/2008209 MINUTE ENTRY for proceedings held before Senior Judge Arthur D. Spatt:SENTENCING held on 5/30/2008 @2:30 for WILLIAM LOUIS FEHR, SR. (5), Count(s) 1, 2, 3s, Dismissed on the motion of the Government; Count(s) 1s, IMPRISONMENT: Eight (8) months to run concurrent on both counts. The Defendant shall receive credit for time already served, if any. The Defendant shall serve his sentence at Otisville, New York to be near his Family. SUPERVISED RELEASE: Three (3) years. ADDITIONAL SUPERVISED RELEASE TERMS: The Defendant shall pay restitution in the sum of $326,343.20 to the Clerk of the court, 100 Federal Plaza, Central Islip, New York 11722 at a rate of 10% of the Defendant's gross monthly income and shall continue until the full amount of restitution is paid even after the term of supervised release has terminated. Restitution payments shall commence on a date to later be determined by the Court. Payments are joint and several with the co-defendants James Haney, Suffolk Asphalt, William Louis Fehr, Jr., Pavco Prima, All County, Frank Gerald Shambra and Sundial. The defendant is subject to the final order of forfeiture dated May 30, 2008 and is attached to this Judgment and conviction order.; Count(s) 2s, IMPRISONMENT: Eight (8) months to run concurrent on both counts. The Defendant shall receive credit for time already served, if any. The Defendant shall serve his sentence at Otisville, New York to be near his Family. SUPERVISED RELEASE: Three (3) years. ADDITIONAL SUPERVISED RELEASE TERMS: The Defendant shall pay restitution in the sum of $326,343.20 to the Clerk of the court, 100 Federal Plaza, Central Islip, New York 11722 at a rate of 10% of the Defendant's gross monthly income and shall continue until the full amount of restitution is paid even after the term of supervised release has terminated. Restitution payments shall commence on a date to later be determined by the Court. Payments are joint and several with the co-defendants James Haney, Suffolk Asphalt, William Louis Fehr, Jr., Pavco Prima, All County, Frank Gerald Shambra and Sundial. The defendant is subject to the final order of forfeiture dated May 30, 2008 and is attached to this Judgment and conviction order.. (Court Reporter Ellen Combs.) (Mierzejewski, Elizabeth) (Entered: 06/10/2008)
05/30/2008210 JUDGMENT as to William Louis Fehr, Sr. (5), Count(s) 1, 2, 3s, Dismissed on the motion of the Government; Count(s) 1s, IMPRISONMENT: Eight (8) months to run concurrent on both counts. The Defendant shall receive credit for time already served, if any. The Defendant shall serve his sentence at Otisville, New York to be near his Family. SUPERVISED RELEASE: Three (3) years. ADDITIONAL SUPERVISED RELEASE TERMS: The Defendant shall pay restitution in the sum of $326,343.20 to the Clerk of the court, 100 Federal Plaza, Central Islip, New York 11722 at a rate of 10% of the Defendant's gross monthly income and shall continue until the full amount of restitution is paid even after the term of supervised release has terminated. Restitution payments shall commence on a date to later be determined by the Court. Payments are joint and several with the co-defendants James Haney, Suffolk Asphalt, William Louis Fehr, Jr., Pavco Prima, All County, Frank Gerald Shambra and Sundial. The defendant is subject to the final order of forfeiture dated May 30, 2008 and is attached to this Judgment and conviction order.; Count(s) 2s, IMPRISONMENT: Eight (8) months to run concurrent on both counts. The Defendant shall receive credit for time already served, if any. The Defendant shall serve his sentence at Otisville, New York to be near his Family. SUPERVISED RELEASE: Three (3) years. ADDITIONAL SUPERVISED RELEASE TERMS: The Defendant shall pay restitution in the sum of $326,343.20 to the Clerk of the court, 100 Federal Plaza, Central Islip, New York 11722 at a rate of 10% of the Defendant's gross monthly income and shall continue until the full amount of restitution is paid even after the term of supervised release has terminated. Restitution payments shall commence on a date to later be determined by the Court. Payments are joint and several with the co-defendants James Haney, Suffolk Asphalt, William Louis Fehr, Jr., Pavco Prima, All County, Frank Gerald Shambra and Sundial. The defendant is subject to the final order of forfeiture dated May 30, 2008 and is attached to this Judgment and conviction order.. Ordered by Senior Judge Arthur D. Spatt on 5/30/08. (Mierzejewski, Elizabeth) (Entered: 06/10/2008)
05/30/2008211 ORDER DIRECTING FORFEITURE OF PROPERTY as to William Louis Fehr, Jr.. Ordered by Senior Judge Arthur D. Spatt on 5/30/8. cm (Mierzejewski, Elizabeth) (Entered: 06/10/2008)
05/30/2008214 AMENDED JUDGMENT as to William Louis Fehr, Sr. (5), Count(s) 1, 2, 3s, Dismissed on the motion of the Government; Count(s) 1s, IMPRISONMENT: Eight (8) months to run concurrent on both counts. The Defendant shall receive credit for time already served, if any. The Defendant shall serve his sentence at Otisville, New York to be near his Family. SUPERVISED RELEASE: Three (3) years. ADDITIONAL SUPERVISED RELEASE TERMS: The Defendant shall pay restitution in the sum of $326,343.20 to the Clerk of the court, 100 Federal Plaza, Central Islip, New York 11722 at a rate of 10% of the Defendant's gross monthly income and shall continue until the full amount of restitution is paid even after the term of supervised release has terminated. Restitution payments shall commence on a date to later be determined by the Court. Payments are joint and several with the co-defendants James Haney, Suffolk Asphalt, William Louis Fehr, Jr., Pavco Prima, All County, Frank Gerald Shambra and Sundial. The defendant is subject to the final order of forfeiture dated May 30, 2008 and is attached to this Judgment and conviction order. Amended Judgment: Imprisonment: Eight (8) months to run concurrent on both counts. The Defendant shall receive credit for time already served, if any. Upn release from imprisonment, the defendant shall be on supervised release for a term of Three (3) years; Count(s) 2s, IMPRISONMENT: Eight (8) months to run concurrent on both counts. The Defendant shall receive credit for time already served, if any. The Defendant shall serve his sentence at Otisville, New York to be near his Family. SUPERVISED RELEASE: Three (3) years. ADDITIONAL SUPERVISED RELEASE TERMS: The Defendant shall pay restitution in the sum of $326,343.20 to the Clerk of the court, 100 Federal Plaza, Central Islip, New York 11722 at a rate of 10% of the Defendant's gross monthly income and shall continue until the full amount of restitution is paid even after the term of supervised release has terminated. Restitution payments shall commence on a date to later be determined by the Court. Payments are joint and several with the co-defendants James Haney, Suffolk Asphalt, William Louis Fehr, Jr., Pavco Prima, All County, Frank Gerald Shambra and Sundial. The defendant is subject to the final order of forfeiture dated May 30, 2008 and is attached to this Judgment and conviction order. Amended Judgment: Imprisonment: Eight (8) months to run concurrent on both counts. The Defendant shall receive credit for time already served, if any. Upn release from imprisonment, the defendant shall be on supervised release for a term of Three (3) years. Ordered by Senior Judge Arthur D. Spatt on 5/30/08. (Mierzejewski, Elizabeth) (Entered: 07/08/2008)
05/30/2008219 MINUTE ENTRY for proceedings held before Senior Judge Arthur D. Spatt: SENTENCING held on 5/30/2008 AT 4:17 p.m. for PRIMA ASPHALT CONCRETE, INC. (11). Defendant Prima Asphalt Concrete, Inc. present with retained counsel Steven G. Pinks. Govt: James Miskiewicz, AUSA. Court Reporter: Ellen Combs. Probation: Jennifer Connelly. Courtroom Deputy: Mary Ellen Schaffner. Case called. Counsel for all sides present. Sentencing held.. Statement(s) of defendant and counsel heard. Court accepts guilty plea recommendation of Magistrate Judge Wall. Court accepts facts in PSR as revised. The defendant is sentenced to three (3) years probation. Special Conditions of Probation: SEE J&C. The Fine is waived based on the defendant's inability to pay. Restitution is ordered: $326,343.20 joint and several. Special Assessment is imposed in the sum of $800.00, to be paid immediately. The remaining counts are dismissed on the United States' motion. The defendant is advised of the right to appeal. Notes: SEE J&C for more information. (Coleman, Laurie) (Entered: 08/26/2008)
05/30/2008222 MINUTE ENTRY for proceedings held before Senior Judge Arthur D. Spatt. SENTENCING held on 5/30/2008 at 4:17 p.m. as to ALL-COUNTY PAVING CORP. (4). Defendant present with retained counsel Steven G. Pinks. Govt: James Miskiewicz, AUSA. Court Reporter: Ellen Combs. Probation: Jennifer Connelly. Courtroom Deputy: Mary Ellen Schaffner. Case called. Counsel for all sides present. Sentencing held. Statement(s) of defendant and counsel heard. Court accepts the guilty plea of Magistrate Judge Wall. Court accepts facts as revised in the P.S.R. The defendant is sentenced to 3 years Probation. Special Conditions of Probation: SEE J&C. The Fine is waived based on the defendant's inability to pay. Restitution is ordered: $326,343.20 joint and several. Special Assessment is imposed in the sum of $800.00, to be paid immediately. The remaining counts are dismissed on the United States' motion. Notes: Ronald Fehr, Jr., All-County Paving pres. present. (Coleman, Laurie) (Entered: 08/27/2008)
05/30/2008238 MINUTE ENTRY for proceedings held before Senior Judge Arthur D. Spatt: SENTENCING held on 5/30/2008 at 2:30 p.m. for PAVCO ASPHALT, INC., Inc. (6). Defendant present with retained counsel Steven G. Pinks. A.U.S.A.: James Miskiewicz. Court Reporter: Ellen Combs. Courtroom Deputy: Mary Ellen Schaffner. Case called. Counsel for all parties present. Statement(s) of defendant and counsel heard. The defendant is sentenced to: See J&C. (Coleman, Laurie) (Entered: 10/22/2009)
06/04/2008208 MEMORANDUM OPINION as to James Kenneth Haney- ordered that the motion by Newborn Construction, Inc. for a protective order pursuant to NY CPLR 5240 with regard to the restraining notice concerning Haney's 401K account is denied; and it is further ORDERED that the Information Subpoena, and the Questions and Answers in connection with the Information Subpoena, served upon Newborn Construction, Inc., in connection with this matter are hereby quashed, without prejudice to renewal at a later date.. Ordered by Senior Judge Arthur D. Spatt on 6/4/08. (Bollbach, Jean) (Entered: 06/05/2008)
07/31/2008215 SENTENCING MEMORANDUM by Frank Gerald Schambra, Sundial Asphalt Co., Inc. (Attachments: # 1 Exhibit Character letters) (Keating, Kevin) (Entered: 07/31/2008)
08/01/2008216 Letter requesting modification of judgment re: restitution as to James Kenneth Haney (Scaring, Stephen) (Entered: 08/01/2008)
08/01/2008217 MINUTE ENTRY for proceedings held before Senior Judge Arthur D. Spatt:Criminal Cause for SENTENCING as to SUNDIAL ASPHALT CO., INC held on 8/1/2008 at 10:37 a.m. Defendant Sundial Asphalt present with retained counsel Kevin J. Keating. Govt: James Miskiewicz, AUSA. Court Reporter: Harry Rapaport. Probation: Andrea Testa. Courtroom Deputy: Mary Ellen Schaffner. Case called. Counsel for all sides present. Sentencing adjourned to 10/3/08 at 1:30 p.m. Notes: The Court has been advised that the business was sold. (Coleman, Laurie) (Entered: 08/19/2008)
08/01/2008225 MINUTE ENTRY for proceedings held before Senior Judge Arthur D. Spatt:SENTENCING held on 8/1/2008 at 9:30 a.m. as to FRANK GERALD SCHAMBRA (9). Defendant Frank G. Schambra present on bail with retained counsel Kevin J. Keating. Govt: James Miskiewicz, AUSA. Court Reporter: Harry Rapaport. Probation: Anrea Testa. Courtroom Deputy: Mary Ellen Schaffner. Case called. Sentencing held. Statement(s) of defendant and counsel heard. Defendant's downward departure motion is based on minor role of the defendant. Downward departure motion is granted. The Court accepts guilty plea recommendation of Magistrate Judge Wall. The Court accepts the facts as revised in PSR. The defendant is sentenced to 3 years of Probation. Special Conditions of Probation: SEE J&C. The defendant is ordered to pay a Fine in the sum of $23,000.00. The Fine is to be paid within 30 days of the today to U.S. Attorney's Office. Restitution is ordered: $326,343.20 with co defendants (SEE J&C). Special Assessment is imposed in the sum of $200.00, due immediately. The remaining counts are dismissed on the United States motion. The defendant is advised of the right to appeal, except as previously waived. Notes: Non-guideline sentence. Defendant is subject to Final Order of Forfeiture dated 8/1/08 and is attached to the J&C. (Coleman, Laurie) (Entered: 08/28/2008)
08/08/2008218 ORDER Re: 216 Letter Letter requesting modification of judgment re: restitution as to JAMES KENNETH HANEY - No objection to modification of the judgment having been raised by either the county of Suffolk or the Town of Brookhaven, it is hereby ORDERED, that the restitution payments, imposed as joint and several liability among James Haney and his co-defendants, shall commence sixty (60) days following the release of the last defendant who is or was sentenced to a term of imprisonment in this matter. (Signed by Senior Judge Arthur D. Spatt on 8/8/08). (Coleman, Laurie) (Entered: 08/22/2008)
08/15/2008220 JUDGMENT as to PRIMA ASPHALT CONCRETE INC. (11). The defendant pleaded guilty to Count One and Two (Three Count Superseding Indictment). The defendant is hereby sentenced to probation for a term of three (3) years. Additional Probation Terms: 1. The defendant shall pay restitution in the sum of $326,343.20 joint and several with the co-defendants at a rate of 10% of the defendant's gross monthly income until the full amount of restitution is paid. Payments shall commence sixty (60) days after the last defendant sentenced is released from incarceration. 2. The defendant is subject to the Final Order of Forfeiture dated 5/30/08 and is attached to this Judgment and Conviction Order. Five certified copies of the Final Order of Forfeiture forwarded to the United States Attorney's Office, Attn: FSA Asset Forfeiture Paralegal Brian Gappa. Criminal Monetary Penalties: A Special Assessment in the lump sum payment of $800.00 due immediately. Restitution: $326,343.20 joint and several, James Kenneth Haney, Suffolk Asphalt, All-County Paving, William Louis Fehr, Jr., William Louis Fehr, Sr., Frank G. Schambra, Sundial Asphalt. Name of Payee: Suffolk County Attorney's Office - $270,870.00. Town of Brookhaven Contract - $55,473.20. (Signed by Senior Judge Arthur D. Spatt on 8/15/08). (Coleman, Laurie) (Entered: 08/26/2008)
08/15/2008223 JUDGMENT as to ALL-COUNTY PAVING CORP. (4). The defendant pleaded guilty to Count(s) One and Two (Three Count Superseding Indictment). The defendant is hereby sentenced to Probation for a term of three (3) years. Additional Probation Terms: 1. The defendant shall pay Restitution in the sum of $326,343.20 joint and several with the co-defendants at a rate of 10% of the defendant's gross monthly income until the amount of restitution is paid. Payment shall commence sixty (60) days after the last defendant sentenced is released from incarceration. 2. The defendant is subject to the Final Order of Forfeiture dated 5/30/08 and is attached to this Judgment and Conviction Order. Criminal Monetary Penalties: The defendant must pay a Special Assessment in the lump sum total of $800.00 due immediately. Restitution: $326,343.20. Joint and Several: James K. Haney, Suffolk Asphalt Supply, Inc., William Louis Fehr, Jr., William Louis Fehr, Sr., Pavco Asphalt, Inc. Frank G. Schambra, Sundial Asphalt Co., Inc. and Prima Asphalt Concrete, Inc. Name of Payees: Suffolk County Attorney's Office - $270,870.00. Town of Brookhaven Contract - $55,473.20. Count(s) and Underlying Indictment is dismissed on the motion of the United States. Final Order of Forfeiture annexed. Five certified copies of the Final Order of Forfeiture forwarded to the U.S. Attorney's Office, Attn: Brian Gappa, FSA Asset Forfeiture Paralegal, via inter-office mail. (Signed by Senior Judge Arthur D. Spatt on 8/15/08). (Coleman, Laurie) (Entered: 08/27/2008)
08/15/2008226 JUDGMENT as to FRANK GERALD SCHAMBRA (9). The defendant pleaded guilty to Count(s) One and Two (Three Count Superseding Indictment). The defendant is hereby sentenced to probation for a term of three (3) years. Additional Probation Terms: 1. The defendant shall serve six (6) months home detention with electronic monitoring and shall pay the cost of electronic monitoring. The defendant is allowed to leave his home for work, religious, medical and legal reasons only. 2. The defendant shall perform one hundred (100) hours of community service per year of his three (3) year term of Probation at the discretion of the Probation Department. 3. The defendant shall pay Restitution in the sum of $326,343.20 joint and several with co-defendants to the Clerk of the Court, 100 Federal Plaza, Central Islip, NY 11722 at a rate of 10% of his gross monthly income. Payments shall commence thirty (30) days after the last defendant is released from incarceration until the full amount is paid even after the defendant's release from imprisonment. 4. The defendant shall pay a Fine in the sum of $23,000.00 to the U.S. Attorney's Office within thirty (30) days from August 1, 2008. 5. The defendant is subject to the Final Order of Forfeiture dated August, 1, 2008 and is attached to this Judgment and Conviction Order. Criminal Monetary Penalties: The defendant must pay a Special Assessment in the lump sum total of $200.00, due immediately. Restitution joint and several. Name of Payee: Suffolk County Attorney's Office - $270,870.00. Town of Brookhaven - $55,473.20. Joint and Several: James Haney, Suffolk Asphalt, William Louis Fehr, Jr., Pavco, Prima Asphalt, All-County, Sundial. Final Order of Forfeiture annexed. Five certified copies of the Final Order of Forfeiture forwarded to the U.S. Attorney's Office, Attn: Brian Gappa, FSA Asset Forfeiture Paralegal. (Signed by Senior Judge Arthur D. Spatt on 8/15/08). (Coleman, Laurie) (Entered: 08/28/2008)
08/28/2008228 Letter with the consent of the government requesting that Mr. Fehr's surrender date be extended from Sept. 15, 2008 to Oct. 6, 2008 as to William Louis Fehr, Sr (DeFeis, Nicholas) (Entered: 08/28/2008)
09/02/2008229 ORDER Re: 228 Letter requesting that WILLIAM FEHR SR'S surrender date be extended from 9/15/08 to 10/5/08. (Signed by Senior Judge Arthur D. Spatt on 9/2/08). (Coleman, Laurie) (Entered: 09/11/2008)
10/03/2008230 Letter Adjourning Sentencing as to Sundial Asphalt Co., Inc. (Keating, Kevin) (Entered: 10/03/2008)
10/03/2008231 ORDER as to Sundial Asphalt Co., Inc. re 230 Letter application for an adjournment of the sentencing. Application granted. Sentencing is adjourned to November 7, 2008 @11:00 at 12:00 noon. Ordered by Senior Judge Arthur D. Spatt on 10/6/08. (Mierzejewski, Elizabeth) (Entered: 10/14/2008)
11/07/2008233 Minute Entry for proceedings held before Senior Judge Arthur D. Spatt: sentencing held; deft not present with retained counsel Kevin Keating; AUSA James Michiewicz; Probation James Fonti; statement of counsel heard; court accepts facts in PSR; deft sentenced for 3 years probation; special conditions: see J&C; fine waived; restitution is ordered $326,343.20 see J&C; special assessment of $800.00 imposed; to be paid immediately; remaining counts dismissed on govts motion; deft is advised of right to appeal (Court Reporter Harry Rapaort.) (Bollbach, Jean) (Entered: 11/25/2008)
11/18/2008234 JUDGMENT - deft pleaded guilty to counts 1 and 2 (three count superseding indictment); count underlying indictment is dismissed on motion of the govt; the deft is sentenced for a term of 3 years probation; see judgment for additional probation terms; SAF $800.00; no fine; restitution: $326,343.20 joint and several.. Ordered by Senior Judge Arthur D. Spatt on 11/18/08. (Attachments: # 1 order of forfeiture) (Bollbach, Jean) (Entered: 11/25/2008)
08/04/2009237 SATISFACTION OF JUDGMENT by USA as to James Kenneth Haney (Schwartz, Beth) (Entered: 08/04/2009)
10/20/2009239 JUDGMENT as to PAVCO ASPHALT, INC. (6). The defendant pleaded guilty to count(s) One and Two (Three Count Superseding Indictment). The defendant is sentenced to probation for a term of three (3) years. 1. The defendant shall pay restitution in the sum of $326,343.20 joint and several with co-defendants James Kenneth Haney; William Fehr, Sr.; William Fehr, Jr.; John Montecalvo and Frank Gerard Schambra. Payments are a rate of 10% of the defendant's gross monthly income. Payments shall commence sixty (60) days after the defendant James K. Haney's release from imprisonment until the full amount of restitution is paid in full. The defendant shall be credited for payments made by the co-defendants. 2. The defendant is subject to the Final Order of Forfeiture, dated May 30, 2008 and is attached to this Judgment and Conviction Order. The defendant must pay a special assessment in the lump sum total of $800.00, due immediately. Count(s) 3 & underlying Indictment are dismissed on the motion of the United Stats. Signed Senior Judge Arthur D. Spatt on 10/20/09. (Coleman, Laurie) Modified on 10/27/2009 (Coleman, Laurie). (Entered: 10/22/2009)
03/02/2012241 Letter requesting motions schedule as to John Montecalvo, Montecalvo Asphalt Paving Corp. (Miskiewicz, James) (Entered: 03/02/2012)
03/08/2012242 NOTICE OF ATTORNEY APPEARANCE: Patricia A Pileggi appearing for John Montecalvo (Pileggi, Patricia) (Entered: 03/08/2012)
03/09/2012243 ORDER Re: 241 Letter requesting the Court set forth a motion schedule, and if the Court deems necessary, an initial status conference. A status conference is set for 3/15/12 at 10:00 a.m. A briefing schedule will set on that date. Signed by Senior Judge Arthur D. Spatt on 3/9/12. (Coleman, Laurie) (Entered: 03/15/2012)
03/15/2012249 MINUTE ENTRY for proceedings held before Senior Judge Arthur D. Spatt: Criminal Cause for STATUS CONFERENCE as to JOHN MONTECALVO held on 3/15/12 at 10:00 a.m. Defendant present on bail with retained counsel Patricia Peliggi. Govt: Christopher Ott for Jim Miskiewicz. Deputy Clerk: Dan Romano. Court Reporter: Dominick Tursi. Case called. Deft(s) 7 appear(s) with counsel. Other Re: Govt's letter dated 3/2/12 requesting a briefing schedule for defendants to move to dismiss the Indictment on speedy trial grounds. Briefing schedule as follows: Defendants motion by 3/26; Government's opposition by 4/23; Defendant's reply by 4/30. Oral argument/status conference 5/18 at 2:30 p.m. (Coleman, Laurie) (Entered: 05/01/2012)
03/26/2012244 Notice of MOTION to Dismiss Indictment by John Montecalvo. (Pileggi, Patricia) (Entered: 03/26/2012)
03/26/2012245 MEMORANDUM in Support re 244 Notice of MOTION to Dismiss Indictment Memorandum of Law in Support of Defendant John Montecalvo's Motion to Dismiss Indictment (Pileggi, Patricia) (Entered: 03/26/2012)
03/26/2012246 AFFIDAVIT/AFFIRMATION by John Montecalvo 244 Notice of MOTION to Dismiss Indictment filed by John Montecalvo (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Pileggi, Patricia) (Entered: 03/26/2012)
04/02/2012247 ORDER Re: Release of Presentence Report as to JAMES KENNETH HANEY. Signed by Senior Judge Arthur D. Spatt on 4/2/12. (Coleman, Laurie) (Entered: 04/16/2012)
04/26/2012248 RESPONSE in Opposition re 244 Notice of MOTION to Dismiss Indictment (Miskiewicz, James) (Entered: 04/26/2012)
05/01/2012251  MOTION for Extension of Time to File Response/Reply to the Government's Memorandum of Law in Opposition to the Defendant's Motion to Dismiss from 4/30/12 to 5/4/12. Filed by John Montecalvo. (Coleman, Laurie) (Entered: 05/09/2012)
05/01/2012  ENDORSED ORDER as to JOHN MONTECALVO (7) Re: 251 Motion requesting an extension of time to file the defendants' Reply to the Government's Memorandum of Law in Opposition to Defendant's Motion to Dismiss from 4/30/12 until 5/4/12. Signed by Senior Judge Arthur D. Spatt on 5/1/12. EOD #251. (Coleman, Laurie) (Entered: 05/09/2012)
05/04/2012250 MEMORANDUM in Support re 244 Notice of MOTION to Dismiss Indictment Reply Memorandum of Law in Support of Defendant John T. Montecalvo's Motion to Dismiss Indictment (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (Pileggi, Patricia) (Entered: 05/04/2012)
05/18/2012253 Minute Entry for proceedings held before Senior Judge Arthur D. Spatt: Status Conference as to John Montecalvo held on 5/18/2012. Case called. Oral argument held on the record. Decision reserved on motion by deft to dismiss the indictment. (Court Reporter Owen Wicker.) (Florio, Lisa) (Entered: 05/29/2012)
05/21/2012252 MEMORANDUM OF DECISION AND ORDER - It is hereby Ordered, that the Defendant's 244 motion to dismiss this indictment with prejudice is granted as to JOHN MONTECALVO (7). Ordered by Senior Judge Arthur D. Spatt on 5/21/2012. (Coleman, Laurie) (Entered: 05/21/2012)
06/19/2012254 NOTICE OF APPEAL (Interlocutory) by USA as to John Montecalvo (Norling, Peter) (Entered: 06/19/2012)
06/19/2012  Electronic Index to Record on Appeal as to John Montecalvo sent to US Court of Appeals 254 Notice of Appeal - Interlocutory Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (Romano, Daniel) (Entered: 06/20/2012)
08/17/2012255 MANDATE of USCA (certified copy) as to John Montecalvo ORDERING THE APPEAL APPEAL WITHDRAWN BY STIPULATION. USCA 12-2469 (Romano, Daniel) (Entered: 08/20/2012)
11/13/2012257 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Sundial Asphalt Co., Inc. held on 11-7-08, before Judge Spatt. Court Reporter/Transcriber Harry Rapaport. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/4/2012. Redacted Transcript Deadline set for 12/14/2012. Release of Transcript Restriction set for 2/11/2013. (Rapaport, Harry) (Entered: 11/13/2012)