PLEAREF, R/R, TERMED

U.S. District Court Northern District of Indiana [LIVE]
USDC Northern Indiana (South Bend)
CRIMINAL DOCKET FOR CASE #: 3:12-cr-00048-JD-CAN All Defendants


Case title: United States of America v. Kouttoulas et al

Date Filed: 05/09/2012
Date Terminated: 09/27/2012

Assigned to: Judge Jon E DeGuilio
Referred to: Magistrate Judge Christopher A Nuechterlein

Defendant (1)
Thomas G Kouttoulas
TERMINATED: 09/25/2012
represented byR Steven Bom
Attorney at Law
628 Boston Street
LaPorte, IN 46350
219-575-1420
Email: juncyrdjd@yahoo.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:1343 WIRE FRAUD
(2)
41 months imprisonment, 2 years supervised release, restitution of $172,371.15, $100 special assessment fee

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:1343 WIRE FRAUD
(1)
Dismissed pursuant to plea
18:1343 WIRE FRAUD
(3-5)
Dismissed pursuant to plea
18:1341 MAIL FRAUD PLUS FORFEITURE ALLEGATION
(6-11)
Dismissed pursuant to plea

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge Jon E DeGuilio
Referred to: Magistrate Judge Christopher A Nuechterlein

Defendant (2)
Thomas Gregory Publications Inc
TERMINATED: 09/27/2012
represented byR Steven Bom
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:1343 WIRE FRAUD
(2)
Restitution of $172,371.15, $400 special assessment fee

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:1343 WIRE FRAUD
(1)
Dismissed pursuant to plea
18:1343 WIRE FRAUD
(3-5)
Dismissed pursuant to plea
18:1341 MAIL FRAUD PLUS FORFEITURE ALLEGATION
(6-11)
Dismissed pursuant to plea

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
United States of America represented byDonald J Schmid - AUSA
US Attorney's Office - SB/IN
M01 Federal Building
204 S Main Street
South Bend, IN 46601-2191
574-236-8287
Fax: 574-236-8155
Email: donald.schmid@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
05/09/2012INDICTMENT as to Thomas G Kouttoulas (1) counts 1-5, 6-11, Thomas Gregory Publications Inc (2) counts 1-5, 6-11. (jld) (Entered: 05/10/2012)
05/16/2012ATTORNEY APPEARANCE: R Steven Bom appearing for Thomas G Kouttoulas, Thomas Gregory Publications Inc (Bom, R) (Entered: 05/16/2012)
05/16/2012  Arrest of Thomas G Kouttoulas (slm) (Entered: 05/16/2012)
05/16/2012NOTICE OF HEARING as to Thomas G Kouttoulas. Arraignment / Initial Appearance set for 5/16/2012 02:00 PM in US District Court - South Bend before Magistrate Judge Christopher A Nuechterlein. (slm) (Entered: 05/16/2012)
05/16/2012INITIAL APPEARANCE/ARRAIGNMENT as to Thomas G Kouttoulas (1) before Magistrate Judge Christopher A Nuechterlein. Govt appeared by atty Donald Schmid. Dft appeared with atty Steven Bom. Dft waives R5 proceedings; Dft enters not guilty plea as to all counts; Pretrial Motions due by 6/5/2012. 1 week Jury Trial set for 7/9/2012 09:30 AM in US District Court - South Bend before Judge Jon E DeGuilio. Final Pretrial Conference set for 6/28/2012 03:30 PM in US District Court - South Bend before Judge Jon E DeGuilio. Dft released on unsecured bond.(Tape #FTR 5/16/12.) (slm) (Entered: 05/16/2012)
05/16/2012DISCOVERY ORDER as to Thomas G Kouttoulas. Signed by Magistrate Judge Christopher A Nuechterlein on 5/16/12. (slm) (Entered: 05/16/2012)
05/16/2012ORDER Setting Conditions of Release as to Thomas G Kouttoulas (1) Unsecured Bond. Signed by Magistrate Judge Christopher A Nuechterlein on 5/16/12. (slm) (Entered: 05/16/2012)
05/16/2012Unsecured Bond Entered as to Thomas G Kouttoulas in amount of $ 20,000.00, (slm) (Entered: 05/16/2012)
05/16/2012Arrest Warrant Returned Executed on 5/16/12 in case as to Thomas Gregory Publications Inc. (jld) (Entered: 05/17/2012)
05/16/201210 Arrest Warrant Returned Executed on 5/16/12 in case as to Thomas G Kouttoulas. (jld) (Entered: 05/17/2012)
05/18/201211 ARRAIGNMENT /, INITIAL APPEARANCE as to Thomas Gregory Publications Inc held on 5/18/2012 before Magistrate Judge Christopher A Nuechterlein. Govt appeared by atty Donald Schmid. Dft appeared by atty R Steven Bom. (slm) (Entered: 05/18/2012)
05/18/201212 NOTICE OF HEARINGS/DEADLINES as to Thomas Gregory Publications Inc. This defendant was arraigned on 5/16/2012 along with the co-defendant; therefore, the same deadlines are given to this defendant. Pretrial Motions due by 6/5/2012. Jury Trial set for 7/9/2012 9:30 AM in US District Court - South Bend before Judge Jon E DeGuilio. Final Pretrial Conference set for 6/28/2012 03:30 PM in US District Court - South Bend before Judge Jon E DeGuilio. This is a text-only entry. (saj) (Entered: 05/18/2012)
06/11/201213 PLEA AGREEMENT as to Thomas G Kouttoulas, Thomas Gregory Publications Inc (Schmid - AUSA, Donald) (Entered: 06/11/2012)
06/11/2012  NOTICE TO COUNSEL as to Thomas G Kouttoulas and Thomas Gregory Publications Inc. A plea agreement has just been filed by both defendants in this case; therefore, all the trial deadlines and the final pretrial conference on 6/28/2012 are hereby VACATED. This is a text-only entry. (saj) (Entered: 06/11/2012)
06/11/201214 ORDER REFERRING PLEA AGREEMENT to Magistrate Judge Christopher A Nuechterlein as to Thomas G Kouttoulas, Thomas Gregory Publications Inc. Signed by Judge Jon E DeGuilio on 6/11/12. (jld) (Entered: 06/11/2012)
06/11/201215 NOTICE OF HEARING as to Thomas G Kouttoulas regarding 14 Order Referring Plea Agreement to Magistrate Judge : Change of Plea Hearing set for 6/18/2012 02:00 PM in US District Court - South Bend before Magistrate Judge Christopher A Nuechterlein. (slm) (Entered: 06/11/2012)
06/18/201216 CHANGE OF PLEA HEARING as to Thomas G Kouttoulas et al held on 6/18/2012 before Magistrate Judge Christopher A Nuechterlein. Govt appeared by atty Donald Schmid. Dfts appeared with atty R Steven Bom. Defendant et al sworn and advised of rights and penalties. Defendants plead guilty to count 2. Court defers acceptance of the guilty plea until sentencing. Defendants referred to U.S. Probation for preparation of a presentence investigation report. Trial date of 07/09/12 is vacated. Sentencing Memorandum/ Motions related to sentencing due by 9/13/2012. Sentencing set for 9/20/2012 02:30 PM in US District Court - South Bend before Judge Jon E DeGuilio. Bond and conditions of release previously imposed on defendant shall remain in effect. (Tape #FTR 6/18/12.) (slm) (Entered: 06/18/2012)
06/18/201217 CONSENT TO RULE 11 PLEA in a Felony Case Before United States Magistrate Judge Christopher A Nuechterlein by United States of America, Thomas G Kouttoulas, Thomas Gregory Publications Inc. (slm) (Entered: 06/18/2012)
06/18/201219 REPORT AND RECOMMENDATIONS on Plea of Guilty as to Thomas G Kouttoulas, Thomas Gregory Publications Inc Objections to R&R due by 7/6/2012. Signed by Magistrate Judge Christopher A Nuechterlein on 6/18/12. (slm) Modified text on 6/19/2012 (slm). (Entered: 06/19/2012)
06/18/201220 REPORT AND RECOMMENDATIONS on Plea of Guilty as to Thomas Gregory Publications Inc Objections to R&R due by 7/5/2012. Signed by Magistrate Judge Christopher A Nuechterlein on 6/18/12. (slm) (Entered: 06/19/2012)
06/18/201221 Minute Entry for proceedings held before Magistrate Judge Christopher A Nuechterlein: Plea entered by Thomas Gregory Publications Inc (2) Guilty as to Count 2.. (slm) (Entered: 06/20/2012)
06/19/2012  Terminate Deadlines and Hearings as to Thomas G Kouttoulas, Thomas Gregory Publications Inc (saj) (Entered: 06/19/2012)
07/12/201222 AMENDED REPORT AND RECOMMENDATIONS 20 on Plea of Guilty as to Thomas Gregory Publications Inc Objections to R&R due by 7/6/2012. Signed by Magistrate Judge Christopher A Nuechterlein on 7/12/12. (slm) (Entered: 07/12/2012)
07/31/201223 ORDER ADOPTING REPORT AND RECOMMENDATIONS as to Thomas G Kouttoulas for 19 Report and Recommendations on Guilty Plea; ACCEPTS defendant Thomas G. Kouttoulas plea of guilty, andFINDS the defendant guilty of Count 2 of the Indictment, in violation of 18 U.S.C. § 1343.. Signed by Judge Jon E DeGuilio on 7/31/12. (jld) (Entered: 07/31/2012)
07/31/201224 ORDER ADOPTING REPORT AND RECOMMENDATIONS as to Thomas Gregory Publications Inc for 22 Report and Recommendations on Guilty Plea: ACCEPTS defendant Thomas Gregory Publications,Inc.s plea of guilty, and FINDS the defendant guilty of Count 2 of the Indictment, in violation of18 U.S.C. § 1343. Signed by Judge Jon E DeGuilio on 7/31/12. (jld) (Entered: 07/31/2012)
08/16/201225 DRAFT PRESENTENCE INVESTIGATION REPORT as to Thomas Gregory Publications Inc. NOTE: This document will only be accessible to the government attorney and the attorney for the applicable defendant. The judge in this case, other defendants and the general public will NOT be able to view this draft document. For parties entitled to a free look at this document, enter your CM/ECF login and password to confirm your right to view this document. Parties should submit objections to this report directly to the probation officer listed at the end of this docket entry. IMPORTANT!!! Government attorneys and federal community defenders should send objections by SECURE E-MAIL to the probation officer; private attorneys and CJA panel attorneys MUST send objections by FAX ONLY! Government Objections to the Draft Presentence Investigation Report are due not later than 8/30/2012 pursuant to Rule 32 and General Order of the Court 2001-1. Defendant Objections to the Draft Presentence Investigation Report are due not later than 8/30/2012 pursuant to Rule 32 and General Order of the Court 2001-1. (USPO Phillips Smith - justina_phillips_smith@innp.uscourts.gov, fax 574-246-8357) (Entered: 08/16/2012)
08/16/201226 DRAFT PRESENTENCE INVESTIGATION REPORT as to Thomas G Kouttoulas. NOTE: This document will only be accessible to the government attorney and the attorney for the applicable defendant. The judge in this case, other defendants and the general public will NOT be able to view this draft document. For parties entitled to a free look at this document, enter your CM/ECF login and password to confirm your right to view this document. Parties should submit objections to this report directly to the probation officer listed at the end of this docket entry. IMPORTANT!!! Government attorneys and federal community defenders should send objections by SECURE E-MAIL to the probation officer; private attorneys and CJA panel attorneys MUST send objections by FAX ONLY! Government Objections to the Draft Presentence Investigation Report are due not later than 8/30/2012 pursuant to Rule 32 and General Order of the Court 2001-1. Defendant Objections to the Draft Presentence Investigation Report are due not later than 8/30/2012 pursuant to Rule 32 and General Order of the Court 2001-1. (USPO Wirick - lisa_wirick@innp.uscourts.gov, fax 574-246-8361) (Entered: 08/16/2012)
08/28/201227 NOTICE OF NO OBJECTION to Presentence Investigation Report by United States of America as to Thomas G Kouttoulas re 26 (USPO Wirick - lisa_wirick@innp.uscourts.gov, fax 574-246-8361) (Entered: 08/28/2012)
08/28/201228 NOTICE OF NO OBJECTION to Presentence Investigation Report by United States of America as to Thomas Gregory Publications Inc re 25 (USPO Phillips Smith - justina_phillips_smith@innp.uscourts.gov, fax 574-246-8357) (Entered: 08/28/2012)
09/06/201229 OBJECTION TO DRAFT PRESENTENCE INVESTIGATION REPORT by R. Steven Bom re 26 Access to this document is available only to the following parties: United States of America, Thomas G Kouttoulas. The judge in this case, other defendants and the general public will NOT be able to view this document. (USPO Wirick - lisa_wirick@innp.uscourts.gov, fax 574-246-8361) (Entered: 09/06/2012)
09/06/201230 OBJECTION TO DRAFT PRESENTENCE INVESTIGATION REPORT by TGP-defendant re 25 Access to this document is available only to the following parties: Thomas Gregory Publications Inc. The judge in this case, other defendants and the general public will NOT be able to view this document. (USPO Phillips Smith - justina_phillips_smith@innp.uscourts.gov, fax 574-246-8357) (Entered: 09/06/2012)
09/10/201231 OBJECTION TO DRAFT PRESENTENCE INVESTIGATION REPORT by Donald J. Schmid re 26 Access to this document is available only to the following parties: United States of America, Thomas G Kouttoulas. The judge in this case, other defendants and the general public will NOT be able to view this document. (USPO Wirick - lisa_wirick@innp.uscourts.gov, fax 574-246-8361) (Entered: 09/10/2012)
09/10/201232 FINAL PRESENTENCE INVESTIGATION REPORT as to Thomas G Kouttoulas. NOTE: This document will only be accessible to appropriate court staff, the government attorney and the attorney for the applicable defendant. Other defendants in the case and the general public will NOT be able to view this document. For parties entitled to a free look at this document, enter your CM/ECF login and password to confirm your right to view this document. (USPO Wirick - lisa_wirick@innp.uscourts.gov, fax 574-246-8361) (Entered: 09/10/2012)
09/10/201234 FINAL PRESENTENCE INVESTIGATION REPORT as to Thomas Gregory Publications Inc. NOTE: This document will only be accessible to appropriate court staff, the government attorney and the attorney for the applicable defendant. Other defendants in the case and the general public will NOT be able to view this document. For parties entitled to a free look at this document, enter your CM/ECF login and password to confirm your right to view this document. (USPO Phillips Smith - justina_phillips_smith@innp.uscourts.gov, fax 574-246-8357) (Entered: 09/10/2012)
09/10/201236 NOTICE TO THE COURT FROM PROBATION/PRETRIAL SERVICES re 32 PSR - Final (with Padlock), PSR - Final (with Padlock), PSR - Final (with Padlock) as to Thomas G Kouttoulas. NOTE: This document will only be accessible to appropriate court staff, the government attorney and the attorney for the applicable defendant. Other defendants in the case and the general public will NOT be able to view this document. For parties entitled to a free look at this document, enter your CM/ECF login and password to confirm your right to view this document. (USPO Wirick - lisa_wirick@innp.uscourts.gov, fax 574-246-8361) (Entered: 09/10/2012)
09/13/201237 OBJECTION TO DRAFT PRESENTENCE INVESTIGATION REPORT by R. Steven Bom re 26 Access to this document is available only to the following parties: United States of America, Thomas G Kouttoulas. The judge in this case, other defendants and the general public will NOT be able to view this document. (USPO Wirick - lisa_wirick@innp.uscourts.gov, fax 574-246-8361) (Entered: 09/13/2012)
09/13/201238 NOTICE OF NO OBJECTION to Presentence Investigation Report by Thomas Gregory Publications Inc re 25 (USPO Phillips Smith - justina_phillips_smith@innp.uscourts.gov, fax 574-246-8357) (Entered: 09/13/2012)
09/13/201239 OBJECTION TO DRAFT PRESENTENCE INVESTIGATION REPORT by Thomas Gregory re 25 Access to this document is available only to the following parties: Thomas Gregory Publications Inc. The judge in this case, other defendants and the general public will NOT be able to view this document. (USPO Phillips Smith - justina_phillips_smith@innp.uscourts.gov, fax 574-246-8357) (Entered: 09/13/2012)
09/13/201240 REVISED ADDENDUM TO FINAL PRESENTENCE INVESTIGATION REPORT re 32 as to Thomas G Kouttoulas. NOTE: This document will only be accessible to appropriate court staff, the government attorney and the attorney for the applicable defendant. Other defendants in the case and the general public will NOT be able to view this document. For parties entitled to a free look at this document, enter your CM/ECF login and password to confirm your right to view this document. (Attachments: # 1 Victim List)(USPO Wirick - lisa_wirick@innp.uscourts.gov, fax 574-246-8361) (Entered: 09/13/2012)
09/13/201241 REVISED ADDENDUM TO FINAL PRESENTENCE INVESTIGATION REPORT re 34 as to Thomas Gregory Publications Inc. NOTE: This document will only be accessible to appropriate court staff, the government attorney and the attorney for the applicable defendant. Other defendants in the case and the general public will NOT be able to view this document. For parties entitled to a free look at this document, enter your CM/ECF login and password to confirm your right to view this document. (Attachments: # 1 Victim List)(USPO Phillips Smith - justina_phillips_smith@innp.uscourts.gov, fax 574-246-8357) (Entered: 09/13/2012)
09/13/201242 SENTENCING MEMORANDUM by United States of America as to Thomas G Kouttoulas, Thomas Gregory Publications Inc (Attachments: # 1 List of Victims for Restitution)(Schmid - AUSA, Donald) (Entered: 09/13/2012)
09/14/201243 SENTENCING MEMORANDUM by Thomas G Kouttoulas as to Thomas G Kouttoulas, Thomas Gregory Publications Inc (Bom, R) (Entered: 09/14/2012)
09/20/201244 SENTENCING held on 9/20/2012 for Thomas G Kouttoulas (1) before Judge Jon E DeGuilio. Govt appeared by atty Schmid. Dft appeared by atty Bom. Wirick appeared on behalf of U S Probation/Pretrial Services. Dft sworn. Parties are in agreement of the loss amount ($400,000-$700,000) and restitution amount ($172,371.15). Court accepts the stipulations to the above issues. Court adopts paragraphs 1-94 of the PSR. Court heard from counsel & Dft. Court grants a 2-level variance. Count 2, 41 months imprisonment, 2 years supervised release, restitution of $172,371.15, $100 special assessment fee. Counts 1, and 3-11 dismissed pursuant to plea. Defendant to report in person to the designated institution or to the U.S. Marshal to begin execution of sentence not later than 9 AM on 11/1/2012. Bond and conditions of release previously imposed on defendant shall remain in effect. 2:34-3:20 (Court Reporter Hoffman) (saj) (Entered: 09/20/2012)
09/20/201245 SENTENCING held on 9/20/2012 for Thomas Gregory Publications Inc (2) before Judge Jon E DeGuilio. Govt appeared by atty Schmid. Dft appeared by atty Bom. Smith appeared on behalf of U S Probation/Pretrial Services. Parties are in agreement of the loss amount ($400,000-$700,000) and restitution amount ($172,371.15). Court accepts the stipulations to the above issues. Court adopts paragraphs 1-51 of the PSR. Court heard from counsel. Count 2 Sentence is Restitution of $172,371.15 and a $400 special assessment fee. Counts 1 and 3 through 11 dismissed pursuant to plea; 2:34-3:20 (Court Reporter Hoffman)(saj) (Entered: 09/20/2012)
09/20/201246 ORDER DISMISSING COUNTS for Thomas G Kouttoulas (1) and Thomas Gregory Publications Inc (2). Counts 1 and 3 through 11 dismissed pursuant to plea. Signed by Judge Jon E DeGuilio on 9/20/2012. (saj) (Entered: 09/20/2012)
09/25/201247 JUDGMENT with victim list attached as to Thomas G Kouttoulas (1). Signed by Judge Jon E DeGuilio on 9/25/2012. (saj) (Entered: 09/25/2012)
09/27/201248 JUDGMENT as to Thomas Gregory Publications Inc (2). Signed by Judge Jon E DeGuilio on 9/27/2012. (saj) (Entered: 09/28/2012)
11/28/201249 Letter from Janet Mote, Mote Farm Service Inc re abstract of judgment (rmn) (Entered: 11/28/2012)