District of Rhode Island (Providence)
CRIMINAL DOCKET FOR CASE #: 1:03-cr-00061-S-1,2

Case title: USA v. Tallman & Mack, Inc., et al

Date Filed: 07/16/2003
Date Terminated: 09/19/2003

Assigned to: Judge William E Smith

Defendant (1)
Tallman & Mack, Inc
TERMINATED: 09/24/2003
represented byJohn A. MacFadyen , III
MacFadyen, Gescheidt & O'Brien
The Owen Building
101 Dyer Street
3rd Floor
Providence, RI 02903
751-5090
Fax: 751-5096
Email: jmacfadyen@mgolaw.com
TERMINATED: 09/24/2003
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
CONSPIRACY TO VIOLATE THE LACEY ACT IN VIOLATION OF 18 USC 371
(1)
Court imposes 400.00 S/A; $75,000 fine. Fine to be joint and several with Tallman & mack, inc., Lotzzo, inc.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Judge William E Smith

Defendant (2)
Point Trap Company, Inc.
TERMINATED: 09/24/2003
represented byC. Leonard O'Brien , Jr.
MacFadyen, Gescheidt & O'Brien
The Owen Building
101 Dyer Street
Providence, RI 02903
751-5090
Fax: 751-5096
Email: len@mgolaw.com
TERMINATED: 09/24/2003
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
CONSPIRACY TO VIOLATE THE LACEY ACT IN VIOLATION OF 18 USC 371
(1)
Court imposes $400.00 S/A; $75,000 fine; fine to be paid with Point Trap company, Lotzzo's inc.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byCatherine C. Pisaturo
U.S. Dept. of Justice
Environment & Natural Resources Division
Wildlife & Marine Resources Section
Ben Franklin Station, PO Box 7369
Washington, DC 20044-7369
202-305-0215
Fax: 305-0275
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

James H. Leavey
18 Artisan Way
POB 284
Forestdale, MA 02644
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
07/16/2003INFORMATION as to Tallman & Mack, Inc. (1) count(s) 1, Point Trap Company (2) count(s) 1, Lotzzo's, Inc. (3) count(s) 1 (Saucier, M) (Entered: 07/21/2003)
07/16/2003  CASE assigned to Judge William E. Smith . Assigned to Magistrate Judge David L. Martin (Saucier, M) (Entered: 07/21/2003)
07/16/2003Plea Agreement as to Tallman & Mack, Inc., Point Trap Company, Lotzzo's, Inc. (Saucier, M) (Entered: 07/21/2003)
07/18/2003SUMMONS(ES) issued for Tallman & Mack, Inc. for Arraignment on an Information on 7/24/03 at 11:30 A.M. before Magistrate Judge David Martin (Saucier, M) (Entered: 07/21/2003)
07/18/2003SUMMONS(ES) issued for Point Trap Company for Arraignment on an Information on 7/24/03 at 11:30 A.M. befor Magistrate Judge David Martin (Saucier, M) (Entered: 07/21/2003)
07/24/2003  Arraignment I.A. as to Tallman & Mack, Inc., Point Trap Company, Lotzzo's, Inc. held before Magistrate Judge David Martin. John MacFadyen for Tallman & Mack; C.Leonard O'Brien for Point Trap Co; Anthony Traini for Lotzzo's Inc.; Heather Duane for Probation. Mr. MacFadyen presents corporation resolutions on behalf of all 3 defendants.Court finds the attorneys have authority to waive indictment on behalf of all 3 corporations. Court informs defendants of charge. All 3 corporations waive indictment and the court accepts the waivers. All 3 defendants enter plea of not guilty. Government requests unsecured bond. Court orders the defendants to execute a Appearance Bond in the amount of $75,000.00 unsecured (Defendants informed of rights.) (Saucier, M) (Entered: 07/24/2003)
07/24/2003  Bail hearing as to Tallman & Mack, Inc., Point Trap Company, Lotzzo's, Inc. held before Magistrate Judge David Martin. James Leavey for the government; John MacFadyen for Tallman & Mack; C. Leonard O'Brien for Point Trap CO; Anthony Traini for Lotzzo's Inc.; Heather Duane for probation. Government requests unsecured bond. Court orders unsecured bond in the amount of $75,000.00 (Saucier, M) (Entered: 07/24/2003)
07/24/2003ENTRY of Appearance for Tallman & Mack, Inc. by Attorney John A. MacFadyen III (Saucier, M) (Entered: 07/24/2003)
07/24/2003CORPORATE RESOLUTION by Tallman & Mack, Inc. (Saucier, M) (Entered: 07/24/2003)
07/24/2003WAIVER OF INDICTMENT by Tallman & Mack, Inc.; signed by Magistrate Judge David Martin (Saucier, M) (Entered: 07/24/2003)
07/24/2003 Appearance BOND entered by Tallman & Mack, Inc. in Amount $ 75,000.00 unsecured; signed by Magistrate Judge David Martin (Saucier, M) (Entered: 07/24/2003)
07/24/200310 CORPORATE RESOLUTION by Point Trap Company (Saucier, M) (Entered: 07/24/2003)
07/24/200311 ENTRY of Appearance for Point Trap Company by Attorney C. Leonard O'Brien Jr. (Saucier, M) (Entered: 07/24/2003)
07/24/200312 WAIVER OF INDICTMENT by Point Trap Company; signed by Magistrate Judge David Martin (Saucier, M) (Entered: 07/24/2003)
07/24/200313  Appearance BOND entered by Point Trap Company in Amount $ 75,000.00 unsecured;signed by Magistrate Judge David Martin (Saucier, M) (Entered: 07/24/2003)
07/28/200318 SUMMONS Returned Executed as to Tallman & Mack, Inc. dated July 24, 2003 (St.John, B) (Entered: 07/28/2003)
07/28/200320 SUMMONS Returned Executed as to Point Trap Company executed 7/24/03 (St.John, B) (Entered: 07/28/2003)
07/29/2003  Change of Plea Hearing as to Tallman & Mack, Inc., Point Trap Company, Lotzzo's, Inc. set for 10:30 8/25/03 for Tallman & Mack, Inc., for Point Trap Company, for Lotzzo's, Inc. Before Judge William E. Smith (Mercurio, A) (Entered: 07/29/2003)
08/12/200321 MOTION and Memorandum by Point Trap Company to Continue for one (1) week the change of plea hearing (Fernandes, D) (Entered: 08/12/2003)
08/18/200322 ORDER as to Tallman & Mack, Inc., Point Trap Company, Lotzzo's, Inc. granting [21-1] motion to Continue for one (1) week the change of plea hearing as to Point Trap (2) ( Signed by Judge William E. Smith ) (faxed to counsel of record) (Mercurio, A) (Entered: 08/18/2003)
08/18/2003  Deadline updated as to Tallman & Mack, Inc., Point Trap Company, Lotzzo's, Inc., reset Change of Plea Hearing for 11:30 9/19/03 for Tallman & Mack, Inc., for Point Trap Company, for Lotzzo's, Inc. (Mercurio, A) (Entered: 08/18/2003)
08/21/2003  In-chambers conference as to Tallman & Mack, Inc., Point Trap Company, Lotzzo's, Inc. set at 9:00 9/4/03 for Tallman & Mack, Inc., for Point Trap Company, for Lotzzo's, Inc. Before Judge William E. Smith (Mercurio, A) (Entered: 08/21/2003)
08/28/200323 ENTRY of appearance for USA by Catherine C. Pisaturo, Esquire. (Baldinelli, D) (Entered: 08/28/2003)
08/29/200324 SCHEDULING ORDER as to Tallman & Mack, Inc., Point Trap Company, Lotzzo's, Inc. ( Signed by Judge William E. Smith ) (faxed to counsel of record) (Mercurio, A) (Entered: 08/29/2003)
08/29/200325 TRIAL NOTICE - empanelment scheduled for October 1, 2003 ( signed by Judge William E. Smith ) (Mercurio, A) (Entered: 08/29/2003)
09/04/2003  In-chambers conference as to Tallman & Mack, Inc., Point Trap Company, Lotzzo's, Inc. held before J. Smith (Mercurio, A) (Entered: 09/04/2003)
09/04/2003  Deadline updated as to Tallman & Mack, Inc., Point Trap Company, Lotzzo's, Inc., reset Change of Plea Hearing for 3:30 9/19/03 for Tallman & Mack, Inc., for Point Trap Company, for Lotzzo's, Inc. (Mercurio, A) (Entered: 09/04/2003)
09/19/200327 MOTION by Tallman & Mack, Inc., Point Trap Company, Lotzzo's, Inc. to Dispense with Presentence Investigation and Report (filed in open court) (Fernandes, D) Modified on 09/19/2003 (Entered: 09/19/2003)
09/19/2003  Change of Plea Hearing as to Tallman & Mack, Inc., Point Trap Company, Lotzzo's, Inc. held before Judge William E. Smith. (Pisaturo, MacFadyen, O'Brien, Traini) All counsel of record present. Probation present. Counsel are empowered to act as the defendants. Court addresses counsel as representatives of defendants - waiver read Attorneys respond on defendants behalf. Government address re: maximum penalties. Court questions attorneys - asks if clients understand governments statement. Attorneys - clients/defendants understand. Court questions if defendants are waiving rights to appeal collateral attack and if they understand these rights. Attorneys state defendants understand. Court asks government to summarizes elements of charges. Government addresses. Court questions if defendants understand these charges - attorneys stated clients understand. Government present summary of proof of charges - court questions attorneys if defendants understand - attorneys stated clients do understand charges government would have to prove if case went to trial. Court asks defendants to state plea - attorneys plead guilty for their clients. Court accepts pleas of guilty as to all three defendants. (Fernandes, D) (Entered: 09/22/2003)
09/19/2003  PLEA entered by Tallman & Mack, Inc., Point Trap Company, Lotzzo's, Inc. . Court accepts plea. Guilty: Tallman & Mack, Inc. (1) count(s) 1, Point Trap Company (2) count(s) 1, Lotzzo's, Inc. (3) count(s) 1 (Terminated motions: ) (Fernandes, D) (Entered: 09/22/2003)
09/19/200328 Minute entry as to Tallman & Mack, Inc., Point Trap Company, Lotzzo's, Inc. re: change of plea before Judge Smith. (Fernandes, D) (Entered: 09/22/2003)
09/19/2003  Sentencing held before Judge William E. Smith re: Tallman & Mack, Inc. (1) count(s) 1, Point Trap Company (2) count(s) 1, Lotzzo's, Inc. (3) count(s) 1. (Pisaturo, MacFadyen, O'Brien, Traini) SENTENCING: Government states conditions have been met re: plea agreement. Payment to the Fish and Wildlife fund has been made, half page ad will be printed. Sentence imposed as set forth in the binding plea agreement. No fine. Restitution in the amount of $75,000.00 to be paid at time of sentencing - paid into the Lacey Act Reward Account joint and several. Attorneys have check and will present it to the clerk's office. Mandatory special assessment of $400.00 per defendant. (Fernandes, D) (Entered: 09/22/2003)
09/19/2003  Minute entry as to Tallman & Mack, Inc., Point Trap Company, Lotzzo's, Inc. re: sentencing - see doc #28. (Fernandes, D) (Entered: 09/22/2003)
09/19/200329 ORDER as to Tallman & Mack, Inc., Point Trap Company, Lotzzo's, Inc. granting [27-1] motion to Dispense with Presentence Investigation and Report as to Tallman & Mack, Inc. (1), Point Trap Company (2), Lotzzo's, Inc. (3) ( Signed by Judge William E. Smith ) Forwarded to all counsel of record. (Baldinelli, D) (Entered: 09/22/2003)
09/24/200330 JUDGMENT as to Tallman & Mack, Inc. (1) count(s) 1. Court imposes 400.00 S/A; $75,000 fine. Fine to be joint and several with Point trap Company, inc., Lotzzo, inc. , Point Trap Company (2) count(s) 1. Court imposes $400.00 S/A; $75,000 fine; fine to be paid with Tallman & Mack, Inc., Lotzzo's inc. , Lotzzo's, Inc. (3) count(s) 1. Court imposes $400.00 s/a; $75,000 fine. fine to be paid with Tallman & Mack, inc., Point trap company Inc., ( Signed by Judge William E. Smith ) (Baldinelli, D) Modified on 09/24/2003 (Entered: 09/24/2003)
10/07/200331 SATISFACTION OF JUDGMENT (Baldinelli, D) (Entered: 10/07/2003)
10/07/200332 SATISFACTION OF JUDGMENT (Baldinelli, D) (Entered: 10/07/2003)