CLOSED, MJSELECT

U.S. District Court
Eastern District of New York (Central Islip)
CRIMINAL DOCKET FOR CASE #: 2:00-cr-01113-DRH-1


Case title: USA v. Tern Technology, Inc

Date Filed: 10/31/2000
Date Terminated: 06/20/2003

Assigned to: Senior-Judge Denis R. Hurley

Defendant (1)
Tern Technology, Inc.
TERMINATED: 06/20/2003
represented byRandy Scott Zelin
Randy Scott Zelin P.C.
675 Old Country Road
Westbury, NY 11590
(516)997-6900
Fax: (516)333-7333
Email: rsz@rszpc.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:287.F FALSE OR FRAUDULENT CLAIMS On or about and between October 1, 1994 and November 1, 1995, both dates being approximate and inclusive, within the Eastern District of New York and elsewhere, in a matter within the jurisdiction of a department and agency of the United States, to wit: Defendant did knowingly and intentionally present false, fictitious and fraudulent claims in connection with the Contract to wit: Tern submitted costs totaling substantially more then the incurred costs.
(1)
Defendant shall be sentenced to Probation for a period of 2 years on count 1 of the information. Comply with the order of Restitution and Fine. Full financial disclosure to Probation. Fine: $10,000. Restitution: $209,569.00. Payed to the Clerk of the court for benefit of General Treasurey of the U.S. Total: Assessment of $200.00 to be payed on or before 7/11/03. No open counts.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byJoseph Robert Conway
United States Attorneys Office
Long Island Federal Courthouse
610 Federal Plaza
Central Islip, NY 11722-4438
631-715-7845
Fax: 631-715-7922
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
10/31/2000   Magistrate Lindsay has been selected by random selection to handle any matters that may be referred in this case. (Zinger, Denise) (Entered: 11/02/2000)
10/31/2000Notice of intent to proceed under FRCrP 7(b) as to Tern Technology, Inc (Zinger, Denise) (Entered: 11/02/2000)
10/31/2000FELONY INFORMATION as to Tern Technology, Inc (1) count(s) 1 (Zinger, Denise) (Entered: 11/02/2000)
12/22/2000LETTER dated 12/19/00 from AUSA Joseph R. Conway to Judge Mishler re: Pursuant to our telephone conversation with your clerk, Keith Jones, the government submits this letter to confirm that the guilty plea in this case is scheduled for 1/26/01 @ 9:00. (Coleman, Laurie) (Entered: 01/02/2001)
01/26/2001  District Court Arraignment as to Tern Technology, Inc held Tern Technology, Inc (1) count(s) 1 (Coleman, Laurie) (Entered: 01/29/2001)
01/26/2001CALENDAR ENTRY as to Tern Technology, Inc; Case called before Senior Judge Jacob Mishler on date of 1/26/01 @ 9:00 a.m. Criminal Cause for Pleading. Court Reporter: Mary Ann Steiger. AUSA: Joseph Conway. Defendant Tern Technology present on bail with retained counsel Randy S. Zelin. First appearance. Defendant arraigned. Defendant informed of his rights. Defendant states true name to be Henry T. Podobinski. Waiver of Indictment executed for Henry T. Podobinski as Vice President. Defendant (1) enters guilty plea to all counts of Information. Guilty: Tern Technology, Inc (1) count(s) 1 , Court finds factual basis for the plea. set Sentencing for 9:00 3/30/01 for Tern Technology, Inc before Senior Judge Mishler Plea agreement so marked as government exhibit #1. (Coleman, Laurie) (Entered: 01/29/2001)
01/26/2001NOTICE of Appearance for Tern Technology, Inc by Attorney Randy Scott Zelin (Coleman, Laurie) (Entered: 01/29/2001)
01/26/2001WAIVER OF INDICTMENT by Tern Technology, Inc (Coleman, Laurie) (Entered: 01/29/2001)
02/14/2001NOTICE of Resolution of the Board of Directors by Tern Technology. Henry T. Podobinksi and Marie Podobinski are the directors of Tern. The directors acting in their lawful capacity as directors, have duly considered the plea agreement and concluded that entering into the agreement is in the best interest of Tern. (Coleman, Laurie) (Entered: 02/14/2001)
06/08/2001  Status conference as to Tern Technology, Inc held (Coleman, Laurie) (Entered: 06/11/2001)
06/08/2001CALENDAR ENTRY before Judge Mishler on 6/8/01 @ 9:00 a.m., CR Cause for Sentencing as to Tern Technology, Inc. Case called. Adjournment done by Keith Jones over the phone. No Court Reporter. Sentencing adjourned. reset Sentencing for 9:00 6/29/01 for Tern Technology, Inc before Senior Judge Jacob Mishler (adjd. over the phone by Mr. Conway) (Coleman, Laurie) (Entered: 06/11/2001)
12/23/2002  CASE reassigned to Judge Denis Hurley from Judge Mishler. Parties notified. (Villanueva, William) (Entered: 12/23/2002)
04/25/2003CALENDAR ENTRY as to Tern Technology, Inc ; Case called before Judge Denis Hurley on date of 4/25/03 @11:30 a.m. for Sentencing Court Reporter/ESR Tape #, reset Sentencing for 10:00 5/30/03 for Tern Technology, Inc before Judge Denis Hurley (Mierzewski, Liz) (Entered: 05/05/2003)
06/19/200312 Letter from Counsel for defendant to Judge Hurley re: Tern's aggreement to make restitution to the Government, with interest, it is respectfully submitted that the goals of sentencing can be met by a sentence of restitution in lieu of a fine. (Mierzejewski, Elizabeth) (Entered: 07/24/2003)
06/20/200310 Minute Entry: Case Called. For Defendant: Randy Zelin-Ret. For AUSA: Joe Conway. for proceedings held before Denis R. Hurley :Sentencing held on 6/20/2003 for Tern Technology, Inc. (1), Count(s) 1, Defendant shall be sentenced to Probation for a period of 2 years on count 1 of the information. Comply with the order of Restitution and Fine. Full financial disclosure to Probation. Fine: $10,000. Restitution: $209,569.00. Payed to the Clerk of the court for benefit of General Treasurey of the U.S. Total: Assessment of $200.00 to be payed on or before 7/11/03. No open counts.. (Court Reporter Stephanie Drexler.) (Mierzejewski, Elizabeth) (Entered: 06/30/2003)
06/20/200311 JUDGMENT as to Tern Technology, Inc. (1), Count(s) 1, Defendant shall be sentenced to Probation for a period of 2 years on count 1 of the information. Comply with the order of Restitution and Fine. Full financial disclosure to Probation. Fine: $10,000. Restitution: $209,569.00. Payed to the Clerk of the court for benefit of General Treasurey of the U.S. Total: Assessment of $200.00 to be payed on or before 7/11/03. No open counts. . Signed by Judge Denis R. Hurley on 6/20/03. (Mierzejewski, Elizabeth) (Entered: 06/30/2003)