CLOSED

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (McAllen)
CRIMINAL DOCKET FOR CASE #: 7:04-cr-00616-1


Case title: USA v. The Tollin Group, Inc.

Date Filed: 07/20/2004
Date Terminated: 10/26/2005

Assigned to: Chief Judge Ricardo H. Hinojosa

Defendant (1)
The Tollin Group, Inc.
($10,000.00 Unsecured)
TERMINATED: 10/26/2005
also known as
Remedy Intelligent Staffing
TERMINATED: 10/26/2005
represented byMiguel David Wise
Miguel D. Wise, P.C.
3516 East Expressway 83
Suite A
Weslaco, TX 78596
956-968-6898
Fax: 956-968-9787
Email: mdwise@mdwpc.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Ronald F Ederer
Attorney at Law
411 Heimer Rd
San Antonio, TX 78232
210-496-4266
Fax: 210-822-4775
Email: rone@edererlawoffice.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Alberto Pullen
Attorney at Law
IBC Bank
1623 Central Blvd
Suite 205
Brownsville, TX 78520
956-546-3627
Fax: 956-546-3626
Email: apullen@rgv.rr.com
ATTORNEY TO BE NOTICED

Pending Counts

Disposition
CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
5 yrs Probation, $20,000.00 Fine; penalties in the amount of $414 to be paid and debarment by the Dept of Defense for a period to be determined by the Dept of Defense; $400 SA;

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byFinancial Litigation
U S Attorney's Office
Southern District of Texas
P O Box 61129
Houston, TX 77208
713-567-9000
Fax: 713-718-3391 fax
Email: flu.usatxs-@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

US Pretrial Svcs-Mc
US Pretrial Services
1701 W Bus Hwy 83
Ste 1105
McAllen, TX 78501
956-618-8153
Fax: 956-618-8153
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

US Probation - Mc
1701 W Bus Hwy 83
Ste 729
McAllen, TX 78501
956-928-8264 fax
Fax: 956-928-8264 fax
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Abran Martinez
Office of U S Attorney
919 Milam
Ste 1500
Houston, TX 77002
713-567-9349
Fax: 713-718-3300
Email: abe.martinez@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Juan Felipe Alanis
US Dept of Justice
1701 W Hwy 83
Ste 600
McAllen, TX 78501
956-816-8010
Fax: 956-618-8009
Email: juan.alanis@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
07/20/20041SEALED INDICTMENT as to The Tollin Group, Inc. (1) count(s) 1, filed. (shenry, ) (Entered: 11/23/2004)
07/20/2004 SEALED MOTION by USA as to The Tollin Group, Inc., filed. (shenry, ) (Entered: 11/23/2004)
07/20/2004SEALED ORDER granting 4 Sealed Motion as to The Tollin Group, Inc. (1).(Signed by Judge Dorina Ramos.) Parties notified.(shenry, ) (Entered: 11/23/2004)
07/28/20043ORDER for Issuance of Summons as to The Tollin Group, Inc. ( Signed by Judge Dorina Ramos ). Parties notified. (shenry, ) (Entered: 11/23/2004)
07/29/2004 SEALED UNOPPOSED MOTION to Continue Initital Appearance by The Tollin Group, Inc., filed. (shenry, ) (Entered: 11/23/2004)
07/29/2004SEALED ORDER granting 6 Motion to Continue as to The Tollin Group, Inc. (1).(Signed by Judge Dorina Ramos.) Parties notified.(shenry, ) (Entered: 11/23/2004)
07/29/2004  Set Hearings as to The Tollin Group, Inc.: Initial Appearance set for 8/25/2004 at 10:00 AM before Magistrate Judge Dorina Ramos (shenry, ) (Entered: 11/23/2004)
08/20/2004 SEALED UNOPPOSED MOTION to Continue Initial Appearance by The Tollin Group, Inc., filed. (shenry, ) (Entered: 11/23/2004)
08/20/20049ORDER resetting the initial appearance date 8 MOTION to Continue Initial Appearance as to The Tollin Group, Inc. Initial Appearance set for 8/31/2004 at 10:00 AM before Magistrate Judge Dorina Ramos( Signed by Judge Dorina Ramos ). Parties notified. (shenry, ) (Entered: 11/23/2004)
08/30/200410  SEALED UNOPPOSED MOTION to Continue Initial Appearance by The Tollin Group, Inc., filed. (shenry, ) (Entered: 11/23/2004)
08/31/200411ORDER resetting initial appearance date 10 MOTION to Continue Initial Appearance as to The Tollin Group, Inc. Initial Appearance set for 9/30/2004 at 09:00 AM before Magistrate Judge Dorina Ramos( Signed by Judge Dorina Ramos ). Parties notified. (shenry, ) (Entered: 11/23/2004)
09/30/20042US Attys Criminal Docket Sheet as to The Tollin Group, Inc., filed.(shenry, ) (Entered: 11/23/2004)
09/30/200412 MOTION to Unseal 1 Indictment by USA as to The Tollin Group, Inc., filed. (shenry, ) (Entered: 11/23/2004)
09/30/200413ORDER granting 1 Indictment as to The Tollin Group, Inc. (1).(Signed by Judge Dorina Ramos.) Parties notified.(shenry,) (Entered: 11/23/2004)
09/30/200414Minute Entry for proceedings held before Judge Dorina Ramos :INITIAL APPEARANCE as to The Tollin Group, Inc.,(Deft informed of rights) held on 9/30/2004 Bond Set at $100,000.00 unsecured and bond executed. Appearances: Ronald F Ederer f/deft, Abe Martinez & Mari Aponte f/govt.(ERO:Carmel Phelps (2:10 - 2:13)) (Interpreter:Not used;) Deft continued on bond, filed.(shenry, ) (Entered: 11/23/2004)
09/30/200415Minute Entry for proceedings held before Judge Dorina Ramos :ARRAIGNMENT as to The Tollin Group, Inc. (1) Count 1 held on 9/30/2004. Not Guilty on 1. Appearances: Ronald F Ederer f/deft, Abe Martinez & Mari Aponte f/govt.(ERO:Carmel Phelps (2:10 - 2:19 / 2:36 - 2:38)) (Interpreter:Not used;) Deft continued on bond, filed.(shenry, ) (Entered: 11/23/2004)
09/30/200416SCHEDULING ORDER as to The Tollin Group, Inc.. Dispositive Motion Filing due by 10/14/2004 Responses due by 11/3/2004 Pretrial Conference set for 12/2/2004 at 09:30 AM before Judge Ricardo H. Hinojosa Jury Selection set for 12/3/2004 at 09:30AM before Judge Ricardo H. Hinojosa Deadline for Motions for Continuance: 11/18/2004( Signed by Judge Dorina Ramos ). Parties notified. (shenry, ) (Entered: 11/23/2004)
09/30/200417Unsecured Bond Entered as to The Tollin Group, Inc. in amount of $100,000.00, , filed. (shenry, ) (Entered: 11/23/2004)
11/30/200418 MOTION to Continue Final Pretrial by The Tollin Group, Inc., received/fax copy. (shenry, ) (Entered: 11/30/2004)
12/01/200419 MOTION for Leave to File Motion for Continuance by The Tollin Group, Inc., filed. (Attachments: # 1 Proposed Order)(shenry, ) (Entered: 12/01/2004)
12/01/200420 MOTION to Continue Final Pretrial and Jury Selection by The Tollin Group, Inc., filed. (shenry, ) (Entered: 12/01/2004)
12/01/200421ORDER granting 20 MOTION to Continue Final Pretrial and Jury Selection as to The Tollin Group, Inc. Jury Selection set for 1/4/2005 at 09:30AM before Judge Ricardo H. Hinojosa Pretrial Conference set for 1/3/2005 at 09:30 AM before Judge Ricardo H. Hinojosa( Signed by Judge Ricardo H. Hinojosa ). Parties notified. (shenry, ) (Entered: 12/02/2004)
12/17/200422 MOTION to Continue Final Pretrial by The Tollin Group, Inc., filed. (Attachments: # 1 Proposed Order)(shenry, ) (Entered: 12/17/2004)
12/21/200423Minute Entry for proceedings held before Judge Ricardo H. Hinojosa :MISCELLANEOUS HEARING as to The Tollin Group, Inc. held on 12/21/2004. Case called on the docket for Re-Arraignment. Counsel for the government requests a continuance to file a brief. The Court gives counsel for governmnet until January 3, 2005 at noon to file it's bief and resets re-arraignment to January 4, 2005 at 3:30 p.m. Appearances: Ronald F Ederer, Alberto Pullen f/deft, Abe Martinez, Mari Aponte f/govt.(ERO:Tony Tijerina) , filed.(eleandro, ) Modified on 1/3/2005 (eleandro, ). (Entered: 01/03/2005)
12/21/2004  Set/Reset Hearings as to The Tollin Group, Inc.: Re-Arraignment set for 1/4/2005 at 03:30 PM before Judge Ricardo H. Hinojosa (eleandro, ) (Entered: 01/03/2005)
01/03/200524MEMORANDUM of Law Supporting the Defendant's Corporate Criminal Liability by USA as to The Tollin Group, Inc. , filed.(shenry, ) (Entered: 01/03/2005)
01/04/200525Minute Entry for proceedings held before Judge Ricardo H. Hinojosa :HEARING re: Re-arraginment as to The Tollin Group, Inc. held on 1/4/2005 Appearances: Alberto B Pullen f/deft, Abe Martinez f/govt.(ERO:Tony Tijerina (3:55 - 4:15)) (Interpreter:None) , filed.(shenry, ) (Entered: 01/05/2005)
01/04/2005  ORAL ORDER as to The Tollin Group, Inc. re: ORDER for Presentence Investigation and Disclosure & Sentencing Dates as to The Tollin Group, Inc.. PSI Completion due by 2/7/2005. Objection to PSI due by 2/21/2005 Final PSI due by 3/7/2005 Sentencing set for 3/17/2005 at 09:30 AM before Judge Ricardo H. Hinojosa(Signed by Judge Ricardo H. Hinojosa). Parties notified. (shenry,) (Entered: 01/05/2005)
01/04/2005  Plea entered by The Tollin Group, Inc. (1) Guilty Count 1. (shenry, ) (Entered: 01/05/2005)
01/04/200526PLEA AGREEMENT as to The Tollin Group, Inc. , filed. (shenry, ) (Entered: 01/05/2005)
02/08/200527 MOTION to Continue Sentencing by The Tollin Group, Inc., filed. (shenry, ) (Entered: 02/08/2005)
02/08/2005  ORAL ORDER as to The Tollin Group, Inc. re: granting 27 MOTION to Continue Sentencing filed by The Tollin Group, Inc., the sentencing of 3/17/05 is cancelled until further notice. All parties ntfd.( Signed by Judge Ricardo H. Hinojosa ). Parties notified. (shenry, ) (Entered: 02/08/2005)
02/18/200528 MOTION for Extension of Time to File Objections to Presentence Investigation Report by The Tollin Group, Inc., filed. (Attachments: # 1 Proposed Order)(shenry, ) (Entered: 02/19/2005)
02/23/200529ORDER granting 28 MOTION for Extension of Time to File Objections to Presentence Investigation Report as to The Tollin Group, Inc., and the new deadline for Objection to PSI shall be 3/31/2005( Signed by Judge Ricardo H. Hinojosa ). Parties notified. (shenry, ) (Entered: 02/23/2005)
02/23/200530OBJECTION TO PRESENTENCE INVESTIGATION REPORT by The Tollin Group, Inc. , filed.(shenry, ) (Entered: 02/23/2005)
03/15/200531RESPONSE to Presentence Investigation Report by USA as to The Tollin Group, Inc. , filed.(shenry, ) (Entered: 03/16/2005)
03/16/2005  Reset Hearings as to The Tollin Group, Inc.: Sentencing set for 6/13/2005 at 09:30 AM before Judge Ricardo H. Hinojosa (smartinez, ) (Entered: 03/16/2005)
04/12/200535NOTICE OF ATTORNEY APPEARANCE Juan Felipe Alanis, Juan Felipe Alanis appearing for USA. , filed.(mcodina, ) (Entered: 04/25/2005)
04/18/200532 FINAL PRESENTENCE INVESTIGATION REPORT (Sealed) as to The Tollin Group, Inc., filed.(cphelps, ) (Entered: 04/18/2005)
04/18/200533 CONFIDENTIAL SENTENCING REC0MMENDATION (Sealed) regarding The Tollin Group, Inc., filed.(cphelps, ) (Entered: 04/18/2005)
04/18/200534Unopposed MOTION to Continue Sentencing (with Proposed Order) by The Tollin Group, Inc., filed. (Pullen, Alberto) (Entered: 04/18/2005)
04/21/2005  Reset Hearings as to The Tollin Group, Inc.: Sentencing set for 7/8/2005 at 09:30 AM before Judge Ricardo H. Hinojosa (smartinez, ) (Entered: 04/21/2005)
07/13/200536 RESPONSE TO DEFENDANT'S OBJECTIONS TO PRESENTENCE INVESTIGATION REPORT by USA as to The Tollin Group, Inc. , filed.(eleandro, ) (Entered: 07/14/2005)
07/26/200537 MOTION to Strike the Government's Response to Defendant's Objections to the Presentence Investigation Report by The Tollin Group, Inc., filed. (shenry, ) (Entered: 07/26/2005)
07/27/200538ORDER striking 37 MOTION to Strike the Government's Response to Defendant's Objections to the Presentence Investigation Report as to The Tollin Group, Inc. ( Signed by Judge Ricardo H. Hinojosa ). Parties notified. (shenry, ) (Entered: 07/27/2005)
07/28/200539 AMENDED MOTION to Strike the Government's Response to Defendant's Objections to the Presentence Investigation Report by The Tollin Group, Inc., filed. (Attachments: # 1 Proposed Order)(shenry, ) (Entered: 07/28/2005)
07/30/2005  Reset Hearings as to The Tollin Group, Inc.: Sentencing set for 10/26/2005 at 09:30 AM before Judge Ricardo H. Hinojosa. (smartinez, ) (Entered: 07/30/2005)
08/01/200540ORDER denying 39 MOTION to Strike the Government's Response to Defendant's Objections to the Presentence Investigation Report as to The Tollin Group, Inc. ( Signed by Judge Ricardo H. Hinojosa ). Parties notified. (shenry, ) (Entered: 08/02/2005)
10/26/200541Minute Entry for proceedings held before Judge Ricardo H. Hinojosa :Sentencing held on 10/26/2005 for The Tollin Group, Inc. (1), Count(s) 1, 5 yrs Probation, $20,000.00 Fine; penalties in the amount of $414 to be paid and debarment by the Dept of Defense for a period to be determined by the Dept of Defense; $400 SA;. Appearances: Juan Felipe Alanis f/govt, Ronald F Ederer f/deft.(ERO:Tony Tijerina (2:55 - 3:40)) (Interpreter:C. de Pena;) , filed.(shenry, ) (Entered: 11/04/2005)
11/25/200542JUDGMENT as to The Tollin Group, Inc. ( Signed by Judge Ricardo H. Hinojosa ). Parties notified. (eleandro, ) (Entered: 12/02/2005)
11/25/200543STATEMENT OF REASONS (Sealed) as to The Tollin Group, Inc. , filed. (eleandro, ) (Entered: 12/02/2005)
08/15/200744Summons Returned Executed on 7/29/2004 as to The Tollin Group, Inc., filed. (llcervantes, ) (Entered: 08/15/2007)
07/08/201045SATISFACTION OF JUDGMENT by USA as to The Tollin Group, Inc., filed.(Robinson-Gaither, Eleanor) (Entered: 07/08/2010)
10/13/201047UNSECURED Bond Entered as to The Tollin Group, Inc. in amount of $10,000.00, filed. (jaleyva, ) (Entered: 10/14/2010)
10/13/201048ORDER Setting Conditions of Release as to The Tollin Group, Inc. (1) for bond.(Signed by Magistrate Judge Dorina Ramos) Parties notified. (jaleyva, ) (Entered: 10/14/2010)
10/13/2010  Minute Entry for proceedings held before Magistrate Judge Dorina Ramos: INITIAL APPEARANCE re: VIOLATION OF SUPERVISED RELEASE as to The Tollin Group, Inc. held on 10/13/2010. Deft was informed of rights. Deft was advised to hire an attorney for proceedings, since he was unaware he needed counsel. Financial Affidavit filed. Court sets bond in the amount $10,000.00 Unsecured..... Preliminary Hearing set for 10/18/2010 at 10:00 AM before Magistrate Judge Dorina Ramos..... Final Hearing - Superv Rls Violation set for 10/20/2010 at 09:30 AM before Chief Judge Ricardo H. Hinojosa..... Deft remanded to custody for bond release process. Appearances:James Andrew Stevens, AUSA.(ERO: Karen Lopez)(Interpreter: Woody Lewis/Not used)., filed.(lcorbett, ) (Entered: 10/15/2010)
10/18/2010  Minute Entry for proceedings held before Magistrate Judge Dorina Ramos: Status Hearing as to The Tollin Group, Inc. held on 10/18/2010. Representive for Deft not present; Government moved to revoke bond and bench warrant to be issued; Court granted. Appearances:Kristen Rees, AUSA.(USPO: Jaime Mora)(ERO: Candy Jones)(Interpreter: Maria DeVilliers/Not used)., filed.(lcorbett, ) (Entered: 10/18/2010)
10/18/2010  Minute Entry for proceedings held before Magistrate Judge Dorina Ramos: PRELIMINARY HEARING re VIOLATION OF SUPERVISED RELEASE as to The Tollin Group, Inc. held on 10/18/2010. Motion to issue bench warrant withdrawn as Deft is present and had been given the time of 11:00 AM. Deft, through counsel, waived the Preliminary Examination; Court found Probable Cause..... Preliminary Hearing re Violation of Supervised Release set for 10/20/2010, at 9:30 AM before Chief Judge Ricardo H. Hinojosa..... Deft continued on present bond. Appearances:Kristen Rees, AUSA; Miguel D. Wise, Retd.(USPO: Jaime Mora)(ERO: Lupita Corbett*)(Interpreter: Not used).., filed.(lcorbett, ) *Modified on 10/18/2010 (lcorbett, ). (Entered: 10/18/2010)
10/18/201049NOTICE OF ATTORNEY APPEARANCE: Miguel David Wise appearing for The Tollin Group, Inc., filed.(jaleyva, ) (Entered: 10/18/2010)
10/19/2010  ORAL ORDER as to The Tollin Group, Inc. Preliminary Hearing - Prob/Superv Rls set for 10/22/2010 at 09:30 AM before Chief Judge Ricardo H. Hinojosa. (Disregard date of 10/20/10)(by Chief Judge Ricardo H. Hinojosa) Parties notified. (smartinez, ) (Entered: 10/19/2010)
10/19/201050SATISFACTION OF JUDGMENT by USA as to The Tollin Group, Inc. Amended Satisfaction of Judgment, filed.(Robinson-Gaither, Eleanor) (Entered: 10/19/2010)
10/21/201051NOTICE OF ATTORNEY APPEARANCE Kristen Joy Rees appearing for USA, filed.(Rees, Kristen) (Entered: 10/21/2010)
10/22/201053Minute Entry for proceedings held before Chief Judge Ricardo H. Hinojosa: Preliminary Examination re Violation of Supervised Release Term as to The Tollin Group, Inc. held on 10/22/2010 Final Hearing - Superv Rls Violation set for 12/21/2010 at 09:30 AM before Chief Judge Ricardo H. Hinojosa Appearances:Kristen Rees f/govt Miguel Wise f/deft(ERO:Tony Tijerina (9:50 - 10:03)) (Interpreter:C. De Pena/not used) Deft continued on continued on bond, filed.(jaleyva, ) (Entered: 11/03/2010)
11/03/201052Summons Returned Executed on 10/21/10 as to The Tollin Group, Inc., filed. (amorin, ) (Entered: 11/03/2010)
12/17/201054Final Presentence Investigation Report (Sealed) as to The Tollin Group, Inc., filed. (Entered: 12/20/2010)
12/17/201055Confidential Sentencing Recommendation(Sealed) regarding The Tollin Group, Inc., filed. (Entered: 12/20/2010)
12/20/201056 MOTION to Continue STATUS HEARING ON REVOCATION ON PROBATION by The Tollin Group, Inc., filed. (Wise, Miguel) (Entered: 12/20/2010)
12/20/2010  ORAL ORDER as to The Tollin Group, Inc. granting 56 MOTION to Continue Status Hearing on Revocation of Probation. Status Hearing of 12/21/10 is cancelled until further notice.(by Chief Judge Ricardo H. Hinojosa) Parties notified. (shenry, ) (Entered: 12/20/2010)
01/12/2011  ORAL ORDER as to The Tollin Group, Inc. Final Hearing - Probation Violation set for 2/10/2011 at 09:30 AM before Chief Judge Ricardo H. Hinojosa..(by Chief Judge Ricardo H. Hinojosa) Parties notified. (smartinez, ) (Entered: 01/12/2011)
01/20/201157 MOTION to Dismiss BRIEF IN SUPPORT OF MOTION TO DISMISS by The Tollin Group, Inc., filed. (Wise, Miguel) (Entered: 01/20/2011)
01/20/201158 MOTION to Dismiss Warrant or Summons for Offender Under Supervision and For Discharge From Probation by The Tollin Group, Inc., filed. (Wise, Miguel) (Entered: 01/20/2011)
02/10/2011  Minute Entry for proceedings held before Chief Judge Ricardo H. Hinojosa: HEARING as to The Tollin Group, Inc. held on 2/10/11. Case is called on the docket sentencing. All parties present. The Court notes that the Defense has filed a Motion to Dismiss Warrant or Summons for Offender Under Supervision and for Discharge from Probation (#58). Govt. is opposed to this motion and is requesting that the Court not take any action that would nullify the penalty in this case. Parties have negotiated amongst themselves but have not reached a resolution. At the present time the Court DENIES the Motion to Dismiss and instructs the Govt. to file something advising the Court what options it has in these proceedings and to file it by 3/4/11; defense can respond by 3/18/11 and the Court will continue with this hearing on 3/25/2011 at 09:30 AM before Chief Judge Ricardo H. Hinojosa. Appearances: Kristen J. Rees f/AUSA; Ronald F Ederer f/deft(ERO:Tony Tijerina) (Interpreter:C. De Pena (not used) Deft continued on bond, filed.(smartinez, ) (Entered: 02/15/2011)
03/04/201159 RESPONSE by USA as to The Tollin Group, Inc. regarding the Court's sentencing inquiry, filed.(Rees, Kristen) (Entered: 03/04/2011)
03/10/201160 RESPONSE by The Tollin Group, Inc. Defendant's Response to Government's Briefing, filed.(Ederer, Ronald) (Entered: 03/10/2011)
03/10/201161 MOTION to Continue Hearing Motion to Continue by The Tollin Group, Inc., filed. (Ederer, Ronald) (Entered: 03/10/2011)
03/11/2011  ORAL ORDER as to The Tollin Group, Inc. granting 61 MOTION to Continue Hearing Motion to Continue. Final Hearing-Probation Violation is cancelled until further notice.(by Chief Judge Ricardo H. Hinojosa) Parties notified. (jaleyva, ) (Entered: 03/14/2011)