CLOSED

United States District Court
Eastern District of Pennsylvania (Philadelphia)
CRIMINAL DOCKET FOR CASE #: 2:06-cr-00133-MMB All Defendants


Case title: USA v. TULIO et al

Date Filed: 03/23/2006
Date Terminated: 01/12/2007

Assigned to: HONORABLE MICHAEL M. BAYLSON
Appeals court case number: '06-5223' 'THIRD CIRCUIT'

Defendant (1)
MICHAEL TULIO
TERMINATED: 01/08/2007
represented byWILLIAM A. DESTEFANO
STEVENS & LEE
1818 MARKET ST 29TH FL
PHILADELPHIA, PA 19103
215-751-1941
Email: wad@stevenslee.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

TERRI A. PAWELSKI
STEVENS & LEE
1818 MARKET ST 29TH FL
PHILADELPHIA, PA 19103
215-751-1961
Email: tap@stevenslee.com
ATTORNEY TO BE NOTICED

Pending Counts

Disposition
18:371 CONSPIRACY
(1)
15 MONTHS IMPRISONMENT, 2 YEARS SUPERVISED RELEASE, $40,000.00 FINE, $300.00 SPECIAL ASSESSMENT
18:1341 MAIL FRAUD; 18:2 AIDING AND ABETTING
(2-3)
15 MONTHS IMPRISONMENT, 2 YEARS SUPERVISED RELEASE, $40,000.00 FINE, $300.00 SPECIAL ASSESSMENT

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: HONORABLE MICHAEL M. BAYLSON
Appeals court case number: '06-5224' 'THIRD CIRCUIT'

Defendant (2)
TULIO LANDSCAPING, INC.
TERMINATED: 01/12/2007
represented byWILLIAM A. DESTEFANO
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

TERRI A. PAWELSKI
(See above for address)
ATTORNEY TO BE NOTICED

Pending Counts

Disposition
18:371 CONSPIRACY
(1)
2 YEARS PROBATION, $102,000.00 FINE, $1,200.00 SPECIAL ASSESSMENT
18:1341 MAIL FRAUD; 18:2 AIDING AND ABETTING
(2-3)
2 YEARS PROBATION, $102,000.00 FINE, $1,200.00 SPECIAL ASSESSMENT

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byROBERT E. GOLDMAN
P.O. BOX 239
FOUNTAINVILLE, PA 18923
215-249-1213
Email: reg@bobgoldmanlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

JENNIFER J. CHUN
U.S. ATTORNEY'S OFFICE
615 CHESTNUT STREET
SUITE 1250
PHILADELPHIA, PA 19106-4476
215-861-8433
ATTORNEY TO BE NOTICED

JOSEPH F. MINNI
UNITED STATES ATTORNEY'S OFFICE
615 CHESTNUT ST.
STE. 1250
PHILADELPHIA, PA 19106
215-861-8574
Fax: 215-861-8618
Email: joseph.minni@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
03/23/2006INDICTMENT as to MICHAEL TULIO (1) count(s) 1, 2-3, TULIO LANDSCAPING, INC. (2) count(s) 1, 2-3. (cw, ) (Entered: 03/23/2006)
03/28/2006NOTICE OF HEARING as to MICHAEL TULIO, TULIO LANDSCAPING, INC. - Arraignment set for 4/13/2006 at 10:30 AM in COURTROOM 5A before MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS. (lk, ) (Entered: 03/28/2006)
04/13/2006Minute Entryfor proceedings held before Judge CAROL SANDRA MOORE WELLS: Arraignment as to MICHAEL TULIO (1) Count 1,2-3 and TULIO LANDSCAPING, INC. (2) Count 1,2-3 held on 4/13/06. Plea entered by MICHAEL TULIO, TULIO LANDSCAPING, INC. Not Guilty on ALL COUNTS. Bail set at $50,000.00 O/R as to both deft's. Trial set for 5/8/06.Court Reporter esr.(jcz, ) (Entered: 04/13/2006)
04/13/2006NOTICE OF ATTORNEY APPEARANCE TERRI A. PAWELSKI appearing for MICHAEL TULIO, TULIO LANDSCAPING, INC.. (jcz, ) (Entered: 04/13/2006)
04/13/2006  O/R Bond Entered as to MICHAEL TULIO in amount of $50,000.00. (jcz, ) (Entered: 04/13/2006)
04/13/2006  O/R Bond Entered as to TULIO LANDSCAPING, INC. in amount of $50,000.00. (jcz, ) (Entered: 04/13/2006)
04/14/2006ORDER SETTING CONDITIONS OF RELEASE AS TO MICHAEL TULIO (1): THAT THE DEFT. IS RELEASED ON BAIL IN THE AMOUNT OF $50,000.00 O/R WITH CONDITIONS, ETC. . Signed by Judge CAROL SANDRA MOORE WELLS on 4/13/06.4/14/06 Entered and Copies Mailed, E-Mailed. (jcz, ) (Entered: 04/14/2006)
04/19/2006 GOVERNMENT'S MOTION TO TAKE VIDEO DEPOSITION AND CERTIFICATE OF SERVICE by USA as to MICHAEL TULIO, TULIO LANDSCAPING, INC. (CHUN, JENNIFER) Modified on 4/20/2006 (cmc). (Entered: 04/19/2006)
04/21/2006NOTICE OF HEARING as to MICHAEL TULIO, TULIO LANDSCAPING, INC. - JURY TRIAL SET FOR 5/8/2006 at 9:30 AM BEFORE HONORABLE MICHAEL M. BAYLSON. (lk, ) (Entered: 04/21/2006)
05/02/2006DEFENDANTS' MEMORANDUM IN RESPONSE TO TO GOVERNMENT'S re 6 MOTION TO TAKE VIDEO DEPOSITION PURSUANT TO FED.R.CRIM.P. 15, CERTIFICATE OF SERVICE (PAWELSKI, TERRI) Modified on 5/3/2006 (cmc). (Entered: 05/02/2006)
05/04/2006NOTICE OF HEARING as to MICHAEL TULIO, TULIO LANDSCAPING, INC. - SCHEDULING CONFERENCE SET FOR 5/8/2006 at 09:30 AM IN COURTROOM 3B BEFORE HONORABLE MICHAEL M. BAYLSON. (lk, ) (Entered: 05/04/2006)
05/31/200610 NOTICE OF HEARING as to MICHAEL TULIO, TULIO LANDSCAPING, INC. - Discovery Hearing set for 6/1/2006 10:30 AM in COURTROOM 3B before HONORABLE MICHAEL M. BAYLSON. (lk, ) (Entered: 05/31/2006)
05/31/200611 NOTICE OF HEARING as to MICHAEL TULIO, TULIO LANDSCAPING, INC. - Discovery Hearing set for 6/1/2006 10:30 AM in COURTROOM 3B before HONORABLE MICHAEL M. BAYLSON has been cancelled. (lk, ) (Entered: 05/31/2006)
05/31/200612 NOTICE OF CRIMINAL JURY TRIAL as to MICHAEL TULIO, TULIO LANDSCAPING, INC. JURY TRIAL SET FOR 5/8/2006 has been postponed until 7/17/2006 at 9:30 AM IN COURTROOM 3A BEFORE HONORABLE MICHAEL M. BAYLSON. (lk, ) (Entered: 05/31/2006)
06/05/200613  MOTION to Dismiss Indictment by MICHAEL TULIO, TULIO LANDSCAPING, INC., Memo in Support, Cert. of Service. (DESTEFANO, WILLIAM) Modified on 6/6/2006 (cmc, ). (Entered: 06/05/2006)
06/13/200614 ORDER FOR SPEEDY TRIAL DELAY OF 6/9/06 AS TO MICHAEL TULIO, TULIO LANDSCAPING, INC., THAT EXCLUDABLE TIME IN THE ABOVE-CAPTIONED CASE BE COMPUTED AND ENTERED IN THE RECORD FROM THE DATE OF FILING OF THE (13) MOTION TO DISMISS INDICTMENT BY MICHAEL TULIO, TULIO LANDSCAPING, INC., WHICH WAS FILED ON JUNE 5, 2006, UNTIL SUCH TIME THAT A HEARING ON SAID MOTION IS CONCLUDED OR OTHER PROMPT DISPOSITION IS MADE. SIGNED BY JUDGE MICHAEL M. BAYLSON. 6/13/06 ENTERED AND COPIES E-MAILED. (DT) (Entered: 06/13/2006)
06/13/200615 Minute Entry for proceedings held before Judge MICHAEL M. BAYLSON. Motion to Continue Trial Hearing as to MICHAEL TULIO, TULIO LANDSCAPING, INC., held on 5/8/2006. Counsel address the Court. Hearing on Government's Motion to take Deposition to be set. Defendant waives his Speedy Trial Rights in open Court. Court Grants Motion to Continue. Trial date Scheduled for July 17, 2006. Court Reporter L. Kashner-Wittje, Esr.(dt) (Entered: 06/13/2006)
06/20/200616  MOTION for Disclosure of Identity and Address of Unnamed Source by MICHAEL TULIO, TULIO LANDSCAPING, INC., Memo of Law, Cert. of Service. (PAWELSKI, TERRI) Modified on 6/21/2006 (cmc). (Entered: 06/20/2006)
06/23/200617 RESPONSE to Motion by USA as to MICHAEL TULIO, TULIO LANDSCAPING, INC. re 16 MOTION for Disclosure of Identity and Address of Unnamed Source AND CERTIFICATE OF SERVICE filed by USA (CHUN, JENNIFER) (Entered: 06/23/2006)
06/26/200618 NOTICE OF HEARING as to MICHAEL TULIO, TULIO LANDSCAPING, INC. - Discovery - MotionHearing regarding Motion to Take Video Deposition and Defendants' Motion to Disclose Identities and Addresses of Unnamed Sources is set for 6/26/2006 at 10:30 AM in COURTROOM 3A before HONORABLE MICHAEL M. BAYLSON. (lk, ) (Entered: 06/26/2006)
06/27/200619 ORDER OF 6/27/06 AS TO MICHAEL TULIO AND TULIO LANDSCAPING, INC., THAT THE DEFENDANT'S MOTION FOR DISCLOSURE OF IDENTITY OF UNNAMED SOURCE (DOC. NO. 16) IS DENIED WITHOUT PREJUDICE. SIGNED BY JUDGE MICHAEL M. BAYLSON. 6/27/06 ENTERED AND COPIES E-MAILED. (DT) (Entered: 06/27/2006)
06/30/200620 ORDER AS TO MICHAEL TULIO, TULIO LANDSCAPING, INC. THAT PURSUANT TO GOVT'S MOTION TO TAKE THE DEPOSITION OF EUGENE PULINS UNDER RULE 15 F.R.CRIM. P., IT IS ORDERED THAT PULLINS' TESTIMONY MAY BE PRESERVED FOR TRIAL BY VIDEO DEPOSITION. IT IS FURTHER ORDERED THAT THE DEPOSITION SHALL BE TAKEN AT THE EARLIEST PRACTICABLE TIME WHICH IS MUTUALLY CONVENIENT TO THE PARTIES AND DEPONENT; THAT ALL JENCKS/GIGLIO RELATING TO MR. PULLINS SHALL BE PROVIDED TO COUNSEL FOR DEFTS NO LATER THAN 5 BUSINESS DAYS BEFORE THE DEPOSITION; THAT THE WITNESS'S DEPOSITION SHALL NOT BE USED AT TRIAL UNLESS THE WITNESS IS UNAVAILABLE AT THE TIME OF TRIAL UNDER FED. R. EVID. 804. . Signed by Judge MICHAEL M. BAYLSON on 6/26/06.6/30/06 Entered and Copies Mailed.(jh, ) (Entered: 06/30/2006)
06/30/200621 RESPONSE to Motion by USA as to MICHAEL TULIO, TULIO LANDSCAPING, INC. re 13 MOTION to Dismiss Indictment AND CERTIFICATE OF SERVICE filed by USA (CHUN, JENNIFER) (Entered: 06/30/2006)
07/10/200622  Memorandum by USA as to MICHAEL TULIO, TULIO LANDSCAPING, INC. [GOVERNMENT'S TRIAL MEMORANDUM AND MOTIONS IN LIMINE, Certificate of Service] (CHUN, JENNIFER) (Entered: 07/10/2006)
07/10/200623  Memorandum by USA as to MICHAEL TULIO, TULIO LANDSCAPING, INC. [ATTACHMENT A TO GOVERNMENT'S TRIAL MEMORANDUM RE: DOCKET NO. 22] (CHUN, JENNIFER) (Entered: 07/10/2006)
07/10/200624 REPLY TO RESPONSE to Motion by MICHAEL TULIO, TULIO LANDSCAPING, INC. re 13 MOTION to Dismiss Indictment, Cert. of Service. (PAWELSKI, TERRI) Modified on 7/11/2006 (cmc). (Entered: 07/10/2006)
07/11/200625 Proposed Voir Dire by USA as to MICHAEL TULIO, TULIO LANDSCAPING, INC. and Certificate of Service(CHUN, JENNIFER) (Entered: 07/11/2006)
07/11/200626 Proposed Jury Instructions by USA as to MICHAEL TULIO, TULIO LANDSCAPING, INC. and Certificate of Service(CHUN, JENNIFER) (Entered: 07/11/2006)
07/12/200627 Minute Entry for proceedings held before Judge MICHAEL M. BAYLSON. Discovery Hearing as to MICHAEL TULIO held on 6/26/2006. Counsel and Defendant Address the Court. Parties argue regarding Motion to Take Video Deposition and Motion to Disclose Identities. Court Denies Motion for Disclosure. Trial date is scheduled for July 17, 2006. Court Reporter Lenora Kashner-Wittje, Esr.(dt) (Entered: 07/12/2006)
07/12/200628 SCHEDULING ORDER OF 7/10/06 AS TO MICHAEL TULIO, TULIO LANDSCAPING, INC. JURY TRIAL SET FOR 7/17/2006 09:30 AM IN COURTROOM BEFORE HONORABLE MICHAEL M. BAYLSON. JURY INSTRUCTIONS AND VOIR DIRE QUESTIONS ARE DUE BY JULY 13, 2006. ETC. SIGNED BY JUDGE MICHAEL M. BAYLSON. 7/12/06 ENTERED AND COPIES E-MAILED. (DT) (Entered: 07/12/2006)
07/13/200629 TRIAL MEMORANDUM AND RESPONSE TO GOVERNMENT'S MOTIONS IN LIMINE by MICHAEL TULIO, TULIO LANDSCAPING, INC., Cert. of Service. (DESTEFANO, WILLIAM) Modified on 7/14/2006 (cmc). (Entered: 07/13/2006)
07/13/200630 Proposed Jury Instructions by MICHAEL TULIO, TULIO LANDSCAPING, INC., Cert. of Service. (PAWELSKI, TERRI) Modified on 7/14/2006 (cmc, ). (Entered: 07/13/2006)
07/13/200631 Proposed Voir Dire by MICHAEL TULIO, TULIO LANDSCAPING, INC., Cert. of Service. (PAWELSKI, TERRI) Modified on 7/14/2006 (cmc). (Entered: 07/13/2006)
07/14/200632 ORDER THAT 13 MOTION TO DISMISS INDICTMENT as to MICHAEL TULIO (1), TULIO LANDSCAPING, INC. (2) IS DENIED. Signed by Judge MICHAEL M. BAYLSON on 7/14/06.7/17/06 ENTERED AND COPIES FAXED.(cmc) (Entered: 07/17/2006)
07/21/200633 Minute Entryfor proceedings held before Judge MICHAEL M. BAYLSON CRIMINAL JURY TRIAL - DAY 1 Voir Dire begun on 7/17/2006 as to MICHAEL TULIO (1) on Counts 1, 2-3 and TULIO LANDSCAPING, INC. (2) on Counts 1, 2-3. Jurors called, voir dired and sworn. Witness called and sworn. Court Reporter ESR.(ke) (Entered: 07/21/2006)
07/21/200634 Minute Entryfor proceedings held before Judge MICHAEL M. BAYLSON Criminal Jury Trial - DAY 2 as to MICHAEL TULIO, TULIO LANDSCAPING, INC. held on 7/18/06. Witnesses called and sworn.Court Reporter ESR.(ke) (Entered: 07/21/2006)
07/21/200635 Minute Entryfor proceedings held before Judge MICHAEL M. BAYLSON Criminal Jury Trial - DAY 3 as to MICHAEL TULIO, TULIO LANDSCAPING, INC. held on 7/19/06. Witnesses called and sworn. Judge dismissed Jury at 3:22 pm. Rule 29 motion DENIED.Court Reporter ESR.(ke) (Entered: 07/21/2006)
07/21/200636 Minute Entryfor proceedings held before Judge MICHAEL M. BAYLSON CRIMINAL JURY TRIAL - DAY 4 as to MICHAEL TULIO (1) HELD ON 7/20/06. MOTION TO CALL WITNESS AT TRIAL. WITNESS CALLED AND SWORN OUTSIDE OF JURY. COURT DENIES MOTION. EXHIBITS ADMITTED. CHARGE CONFERENCE. CLOSING ARGUMENTS. JURY CHARGE. VERDICT: GUILTY ON COUNTS 1-3. SENTENCING: 10/26/2006 AT 04:30 PM. BAIL CONTINUED.Court Reporter ESR.(ke) (Entered: 07/21/2006)
07/21/200637 Minute Entryfor proceedings held before Judge MICHAEL M. BAYLSON CRIMINAL JURY TRIAL - DAY 4 AS TO TULIO LANDSCAPING, INC. (2) HELD ON 7/20/06. MOTION TO CALL WITNESS AT TRIAL. WITNESS CALLED AND SWORN OUTSIDE OF JURY. COURT DENIES MOTION. EXHIBITS ADMITTED. CHARGE CONFERENCE. CLOSING ARGUMENTS. JURY CHARGE. VERDICT: GUILTY ON COUNTS 1-3. SENTENCING: 10/26/2006 AT 04:30 PM. BAIL CONTINUED. Court Reporter ESR.(ke) (Entered: 07/21/2006)
07/21/200638 ORDER THAT THE CLERK OF COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA BE AND HE IS HEREBY DIRECTED TO FURNISH LUNCH FOR 14 JURORS ON 7/20/06 ENGAGED IN THE ABOVE ENTITLED CASE . Signed by Judge MICHAEL M. BAYLSON on 7/20/06.7/21/06 Entered. (ke) (Entered: 07/21/2006)
07/21/200639 Jury Verdict Sheet as to MICHAEL TULIO, TULIO LANDSCAPING, INC.(ke) (Entered: 07/21/2006)
09/07/200640 NOTICE OF HEARING as to MICHAEL TULIO, TULIO LANDSCAPING, INC. Sentencing set for 10/26/2006 has been postponed until 12/8/2006 at 9:30 AM in COURTROOM 3A before HONORABLE MICHAEL M. BAYLSON. (lk, ) (Entered: 09/07/2006)
10/06/200641 NOTICE OF HEARING as to MICHAEL TULIO, TULIO LANDSCAPING, INC. - Sentencing set for 12/15/2006 09:00 AM before HONORABLE MICHAEL M. BAYLSON. (lk, ) (Entered: 10/06/2006)
12/06/200642 NOTICE OF HEARING as to MICHAEL TULIO, TULIO LANDSCAPING, INC. - Sentencing set for 12/15/2006 has been postponed until 12/20/2006 at 9:00 AM in COURTROOM 3A before HONORABLE MICHAEL M. BAYLSON. (lk, ) (Entered: 12/06/2006)
12/13/200643 Transcript of Voird Dire and Jury Trial (Day-1) as to MICHAEL TULIO, TULIO LANDSCAPING, INC. held on 7/17/06 before Judge Michael M. Baylson. Court Reporter: Mike DelRossi, Esr. (dt) (Entered: 12/13/2006)
12/13/200644 Transcript of Jury Trial (Day-2) as to MICHAEL TULIO, TULIO LANDSCAPING, INC. held on 7/18/06 before Judge Michael M. Baylson. Court Reporter: James Beck, Esr. (dt) (Entered: 12/13/2006)
12/13/200645 Transcript of Jury Trial (Day-3) as to MICHAEL TULIO, TULIO LANDSCAPING, INC. held on 7/19/06 before Judge Michael M. Baylson. Court Reporter: Lenora Kashner-Wittje, Esr. (dt) (Entered: 12/13/2006)
12/13/200646 Transcript of Jury Trial (Day-4) as to MICHAEL TULIO, TULIO LANDSCAPING, INC. held on 7/20/06 before Judge Michael M. Baylson. Court Reporter: Lenora Kashner-Wittje, Esr. (dt) (Entered: 12/13/2006)
12/18/200647  SENTENCING MEMORANDUM CERTIFICATE OF SERVICE by MICHAEL TULIO, TULIO LANDSCAPING, INC. (PAWELSKI, TERRI) (Entered: 12/18/2006)
12/19/200648  SENTENCING MEMORANDUM CERTIFICATE OF SERVICE by USA as to MICHAEL TULIO, TULIO LANDSCAPING, INC. (CHUN, JENNIFER) (Entered: 12/19/2006)
12/28/200649 NOTICE OF APPEAL by MICHAEL TULIO, TULIO LANDSCAPING, INC. (DESTEFANO, WILLIAM) Modified on 1/10/2007 (np, ). (Entered: 12/28/2006)
12/28/200650 Clerk's Notice to USCA re 49 Notice of Appeal - Final Judgment. (dt) (Entered: 12/28/2006)
12/28/200651 Clerk's Notice to USCA re 49 Notice of Appeal - Final Judgment. (dt) (Entered: 12/28/2006)
01/03/200752 Notice of Docketing Record on Appeal from USCA as to MICHAEL TULIO re 49 Notice of Appeal - Final Judgment filed by MICHAEL TULIO. USCA Case Number 06-5223. (dt) (Entered: 01/03/2007)
01/03/200753 Notice of Docketing Record on Appeal from USCA as to TULIO LANDSCAPING, INC. re 49 Notice of Appeal - Final Judgment filed by TULIO LANDSCAPING, INC. USCA Case Number 06-5224. (dt) (Entered: 01/03/2007)
01/05/200754 Transcript of Sentencing Hearing as to MICHAEL TULIO, TULIO LANDSCAPING, INC. held on 12/20/06 before Judge Michael M. Baylson. Court Reporter: Lenora Kashner-Wittje, Esr. (dt) (Entered: 01/08/2007)
01/08/200755 Minute Entry for proceedings held before Judge MICHAEL M. BAYLSON. Sentencing held on 12/20/06 for MICHAEL TULIO (1), Count(s) 1, 2-3, 15 MONTHS IMPRISONMENT, 2 YEARS SUPERVISED RELEASE, $40,000.00 FINE, $300.00 SPECIAL ASSESSMENT.Court Reporter L. Kashner-Wittje, Esr.(dt) (Entered: 01/09/2007)
01/08/200756 JUDGMENT OF 1/8/07 AS TO MICHAEL TULIO (1), Count(s) 1, 2-3, 15 MONTHS IMPRISONMENT, 2 YEARS SUPERVISED RELEASE, $40,000.00 FINE, $300.00 SPECIAL ASSESSMENT. SIGNED BY JUDGE MICHAEL M. BAYLSON. 1/9/07 ENTERED. (DT) Additional attachment(s) added on 6/5/2007 (cmc, ). (Entered: 01/09/2007)
01/08/200757 Minute Entry for proceedings held before Judge MICHAEL M. BAYLSON. Sentencing held on 12/20/06 for TULIO LANDSCAPING, INC. (2), Count(s) 1, 2-3, 2 YEARS PROBATION, $102,000.00 FINE, $1,200.00 SPECIAL ASSESSMENT.Court Reporter L. Kashner-Wittje, Esr.(dt) (Entered: 01/09/2007)
01/09/200758 USCA Appeal Fees received $ 455, receipt number 935760 as to TULIO LANDSCAPING, INC. re 49 Notice of Appeal - Final Judgment: (dt) (Entered: 01/09/2007)
01/12/200759 JUDGMENT OF 1/12/07 AS TO TULIO LANDSCAPING, INC. (2), Count(s) 1, 2-3, 2 YEARS PROBATION, $102,000.00 FINE, $1,200.00 SPECIAL ASSESSMENT. SIGNED BY JUDGE MICHAEL M. BAYLSON. 1/12/07 ENTERED. (DT) Additional attachment(s) added on 6/5/2007 (cmc, ). (Entered: 01/12/2007)
01/19/200760 Copy of TPO Form re 49 Notice of Appeal - Final Judgment. (dt) (Entered: 01/19/2007)
01/31/200761 ORDER AS TO MICHAEL TULIO THAT DEFT'S. REQUEST FOR A DELAY IN SELF-REPORTING IS GRANTED FOR A PERIOD OF 1 WEEK, TO 2/8/07, BECAUSE THERE HAS NOT YET BEEN A DESIGNATION OF A FEDERAL CORRECTIONAL INSTITUTION BY THE BOP. NO FURTHER EXTENSIONS . Signed by Judge MICHAEL M. BAYLSON on 1/31/07.1/31/07 Entered and Copies E-Mailed and Faxed BY CHAMBERS. (ke) (Entered: 01/31/2007)
02/07/200762 Certified Copy of Order from U.S.C.A. Third Circuit that Appellant's Motion for Stay of Judgment and Release Pending Appeal is DENIED. (dt) (Entered: 02/07/2007)
02/09/200763 Minute Entry for proceedings held before Judge MICHAEL M. BAYLSON. Telephone Conference as to MICHAEL TULIO, TULIO LANDSCAPING, INC., held on 1/30/2007.Court Reporter ESR.(dt) (Entered: 02/09/2007)
05/16/200764 NOTICE OF HEARING as to MICHAEL TULIO, TULIO LANDSCAPING, INC. - TELEPHONE CONFERENCE SET FOR 5/17/2007 at 2:00 PM BEFORE HONORABLE MICHAEL M. BAYLSON. (lk, ) (Entered: 05/16/2007)
05/25/200765 Minute Entry for proceedings held before Judge MICHAEL M. BAYLSON. Telephone Conference as to MICHAEL TULIO, TULIO LANDSCAPING, INC., held on 5/25/2007.Court Reporter ESR.(dt) (Entered: 05/29/2007)
12/19/200766 REPORT AND ORDER OF PROBATION OFFICER OF 12/6/07 AS TO TULIO LANDSCAPING, INC., THE COURT ORDER A PROBATION REVOCATION HEARING. SIGNED BY JUDGE MICHAEL M. BAYLSON. 12/20/07 ENTERED. (DT) (Entered: 12/20/2007)
12/21/200767 NOTICE OF HEARING as to TULIO LANDSCAPING, INC. - Preliminary Revocation Hearing set for 1/14/2008 04:30 PM before HONORABLE MICHAEL M. BAYLSON. (lk, ) (Entered: 12/21/2007)
02/01/200868 Minute Entryfor proceedings held before HONORABLE MICHAEL M. BAYLSONViolation of Supervised Release as to TULIO LANDSCAPING, INC. held on 1/14/08.Gov't. did not appear. Hearing to be rescheduled for mid-march.Court Reporter ESR.(ke) (Entered: 02/04/2008)
02/11/200869  MOTION for Hearing to Consider Default in Payment of Criminal Fine CERTIFICATE OF SERVICE by USA as to MICHAEL TULIO. (MINNI, JOSEPH) (Entered: 02/11/2008)
02/20/200870 NOTICE OF HEARING as to TULIO LANDSCAPING, INC. - Probation Revocation Hearing set for 1/14/2008 has been rescheduled to take place on 3/17/2008 at 4:30 PM before HONORABLE MICHAEL M. BAYLSON. (lk, ) (Entered: 02/20/2008)
02/20/2008  ***Terminated 1/14/2008 4:30 PM Hearing as to TULIO LANDSCAPING, INC. (has been reset for 3/17/2008 at 4:30 PM) (md) (Entered: 02/21/2008)
03/12/200871 JUDGMENT of USCA (certified copy) as to MICHAEL TULIO, TULIO LANDSCAPING, INC. re 49 Notice of Appeal - Final Judgment. The Judgment of the United States District court entered on December 28, 2006 be and hereby is AFFIRMED. (dt, ) (Entered: 03/12/2008)
03/28/200872 ORDER GRANTING 69 MOTION OF THE UNITED STATES FOR HEARING TO CONSIDER DEFAULT IN PAYMENT OF CRIMINAL FINE AS TO MICHAEL TULIO (1), ETC.. A CONTINUED HEARING ON THE GOVT'S MOTION AND TO CONSIDER THE GOVT'S REPORT SHALL BE HELD ON 6/6/08, AT 2:00 P.M. IN COURTROOM 3-A. DEFT. MUST GIVE THE PROBATION OFFICE AND THE AUSA AT LEAST 14 DAYS WRITTEN ADVANCE NOTICE OF ANY INTENTION TO SELL ANY ASSETS OWNED BY HIM IN WHOLE OR IN PART.. Signed by HONORABLE MICHAEL M. BAYLSON on 3/28/08.3/31/08 ENTERED AND COPIES MAILED, E-MAILED AND FAXED BY CHAMBERS.(jh, ) (Entered: 03/31/2008)
03/28/200873 ORDER AS TO TULIO LANDSCAPING, INC., THAT THE MATTER SHALL BE CONTINUED TO ALLOW U.S. ATTORNEY'S OFFICE TO VERIFY THE DEFT'S. FINANCIAL RESOURCES AND ABILITY TO PAY THE CRIMINAL FINE AS PREVIOUSLY ORDERED BY THE COURT, AND CONSIDER WHETHER IT SHOULD REQUEST THE COURT TO REMIT THE FINE AS PERMITTED UNDER LAW, ETC. Signed by HONORABLE MICHAEL M. BAYLSON on 3/28/08.3/31/08 Entered and Copies Mailed, E-Mailed and Faxed BY CHAMBERS. (ke) (Entered: 03/31/2008)
03/31/200874 Minute Entry for proceedings held before HONORABLE MICHAEL M. BAYLSON. Final Hearing re Revocation of Supervised Release as to MICHAEL TULIO, TULIO LANDSCAPING, INC., held on 3/17/08. Court Finds tat defendant is individually in default and is in violation of his supervised release. Court orders defendant to produce documents regarding property sold and what defendant still owns. Court Orders Government o have asset investigation and to interviw defendant. Government is to file a report as to what happened to assets as to Mr. Tulio and Tulio Landscaping. Hearing scheduled for June 11, 2008 at 2:00pm for evidentiary hearing for any factual disputes. As to Tulio Landscaping: Government is to draft an Order regarding violation. Court Reporter Lenora Kashner-Wittje, Courtroom Deputy/Esr.(dt) (Entered: 04/01/2008)
03/31/2008  ***Set/Reset Hearings as to MICHAEL TULIO, TULIO LANDSCAPING, INC.: EVIDENTIARY HEARING SET FOR 6/11/2008 02:00 PM IN COURTROOM BEFORE HONORABLE MICHAEL M. BAYLSON. (dt, ) (Entered: 04/01/2008)
04/01/200875 NOTICE OF HEARING as to MICHAEL TULIO, TULIO LANDSCAPING, INC. - EVIDENTIARY HEARING SET FOR 6/11/2008 at 2:00 PM BEFORE HONORABLE MICHAEL M. BAYLSON. (lk, ) (Entered: 04/01/2008)
04/09/200876  MOTION for Order to Show Cause for Contempt to Enforce Order Dated March 28, 2008 by USA as to MICHAEL TULIO, CERT.OF SERVICE, (Proposed Order). (MINNI, JOSEPH) Modified on 4/10/2008 (cmc). (Entered: 04/09/2008)
04/10/200877 ORDER AS TO MICHAEL TULIO, TULIO LANDSCAPING, INC., OF 4/9/08 THAT BECAUSE COUNSEL'S REPRESENTATION OF THE DEFENDANT'S ON THE PENDING ISSUES RELATING TO DEFENDANT'S PAYMENT OF FINES AND RESTITUTION IS STILL UNRESOLVED, IT IS HEREBY ORERED THAT THE COURT WILL HOLD A HEARING ON WEDNESDAY, APRIL 16, 2008 AT 10:00AM IN COURTROOM 3A. DEFENDANT MICHAEL TULIO, COUNSEL OF RECORD, AND THE PROBATION OFFICER SHALL BE PRESENT. SIGNED BY JUDGE MICHAEL M. BAYLSON. 4/10/08 ENTERED AND COPIES FAXED AND E-MAILED. (DT) (Entered: 04/10/2008)
04/11/200878 Notice as to MICHAEL TULIO, TULIO LANDSCAPING, INC., that The Hearing Originally Scheduled for April 16, 2008 regarding issues relating to Defendants' payment of fines and restitution has been cahnged to April 21, 2008 at 11:00am in Courtroom 3a. Defendant and Counsel of Record and the Probation Officer shall be present. (dt) (Entered: 04/14/2008)
04/14/200879 Transcript of Hearing as to TULIO LANDSCAPING, INC. held on March 17, 2008 before Judge Michael M. Baylson. Court Reporter: Lenora Kashner-Wittje, Courtroom Deputy/Esr. (dt) (Entered: 04/14/2008)
04/16/200880 ORDER AS TO MICHAEL TULIO, TULIO LANDSCAPING, INC., OF 4/16/08 THAT THE COURT HAVING PREVIOUSLY SCHEDULED A HEARING IN THIS MATTER FOR APRIL 21, 2008 AT 11:00AM IN COURTROOM 3A, COUNSEL AND THE DEFENDANTS ARE HEREBY NOTIFIED THAT THE HEARING WILL ALSO CONSIDER THE MOTION OF THE UNITED STATES TO ENFOR ORDER DATED 3/28/08 (DOC. 76). DEFENDANTS ARE TO FULLY COOPERATE WITH THEIR COUNSEL OF RECORD IN THE PREPARATION FOR THIS HEARING. SIGNED BY JUDGE MICHAEL M. BAYLSON. 4/17/08 ENTERED AND COPIES FAXED AND E-MAILED. (DT) (Entered: 04/17/2008)
04/21/200881 Minute Entryfor proceedings held before HONORABLE MICHAEL M. BAYLSONIn Chambers Conference as to MICHAEL TULIO, TULIO LANDSCAPING, INC. held on 3/27/08.Court Reporter ESR.(dt, ) (Entered: 04/21/2008)
05/06/200882 Minute Entry for proceedings held before HONORABLE MICHAEL M. BAYLSON. Final Hearing re Revocation of Supervised Release as to MICHAEL TULIO, TULIO LANDSCAPING, INC., held on 4/21/08. Argument whether defendant is in compliance of Order Dated March 8, 2008. Exhibits entered into Evidence. Order to follow. Court Reporter ESR.(dt) (Entered: 05/06/2008)
06/26/200883 Minute Entry for proceedings held before HONORABLE MICHAEL M. BAYLSON. Violation of Supervised Release/Contempt Hearing held on 6/11/08 for MICHAEL TULIO. Court Determines DEFENDANT SHALL SERVE NO FURTHER JAIL TIME; LATE PAYMENT PENALTY OF $5,000.00 PLUS INTEREST ($40,000.00 FINE FOR 15MONTHS @7% INTEREST RATE); 30 DAYS HOME CONFINMENT STARTING JULY 1, 2008 WITHOUT MONITORING. Court Reporter: Lenora Kashner Wittje, Courtroom Deputy/Esr. (dt) (Entered: 06/26/2008)
06/26/200884 ORDER AS TO MICHAEL TULIO OF 6/26/08 AFTER A HEARING IN OPEN COURT ON JUNE 11, 2008, AND DEFENDANT FOUND BEING IN VIOLATION OF HIS SUPERVISED RELEASE, AND DEFENDANT BEING FOUND IN CONTEMPT, IT IS ORDERED THAT: DEFENDANT SHALL SERVE NO FURTHER JAIL TIME; LATE PAYMENT PENALTY OF $5,000.00 PLUS INTEREST OF ($40,000.00 FINE FOR 15MONTHS @7% INTEREST RATE); 30 DAYS HOME CONFINMENT STARTING JULY 1, 2008 WITHOUT MONITORING. SIGNED BY JUDGE MICHAEL M. BAYLSON. 6/26/08 ENTERED AND COPIES E-MAILED. (DT) (Entered: 06/26/2008)
11/18/200885 REPORT AND ORDER OF PROBATION OFFICER AS TO TULIO LANDSCAPING, INC. THAT THIS CASE BE PERMITTED TO CLOSE WITH THE $1,200.00 SPECIAL ASSESSMENT BALANCE AND $102,000.00 FINE BALANCE. Signed by HONORABLE MICHAEL M. BAYLSON on 11/10/08.11/19/08 Entered. (cmc) (Entered: 11/19/2008)
06/24/200986 Praecipe to Satisfy Judgment by USA as to MICHAEL TULIO (gs, ) (Entered: 06/24/2009)