CLOSED_2010

U.S. DISTRICT COURT
U.S. District Court, Western District of New York (Buffalo)
CRIMINAL DOCKET FOR CASE #: 1:09-cr-00406-WMS-1


Case title: USA v. Tulip Corporation

Date Filed: 12/30/2009
Date Terminated: 05/12/2010

Assigned to: Hon. William M. Skretny

Defendant (1)
Tulip Corporation
TERMINATED: 05/12/2010
represented byJames W. Grable , Jr.
Connors & Vilardo, LLP
1000 Liberty Building
424 Main Street
Buffalo, NY 14202
716-852-5533
Fax: 716-852-5649
Email: jwg@connors-vilardo.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
42:6928.F STORES/TREATS/TRANSPORTS ETC. - RE-USED OIL
(1)
The Defendant is sentenced to a 3 year term of probation. Terms and conditions of probation are as specified in minute entry of 5/10/2010; $100,000 fine; $400.00 special assessment fee.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byAaron J. Mango
U.S. Attorney's Office
Federal Centre
138 Delaware Avenue
Buffalo, NY 14202
716-843-5882
Fax: 716-551-3146
Email: aaron.mango@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
12/30/20091INFORMATION as to Tulip Corporation (1) count(s) 1. (DZ) (Entered: 12/30/2009)
01/10/2010NOTICE. A Waiver of Indictment and Plea is scheduled for 2/3/2010 at 2:00 PM before William M. Skretny, Chief Judge, U.S.D.C.(MEAL) (Entered: 01/10/2010)
02/03/20103WAIVER OF INDICTMENT by Tulip Corporation (DZ) (Entered: 02/05/2010)
02/03/20104PLEA AGREEMENT as to Tulip Corporation (DZ) (Entered: 02/05/2010)
02/03/2010Minute Entry for proceedings held before William M. Skretny, Chief Judge:Waiver of Indictment and Plea as to Tulip Corporation held on 2/3/2010. Attorney James Grable, Jr. entered a guilty plea on behalf of the Defendant Corporation to a One Count Felony Information. Rule 11(c)(1)(C) Plea Agreement entered into. Sentencing set for 5/10/2010 at 9:00 AM before William M. Skretny, Chief Judge. Presentence Report to Parties due by 3/26/2010. Sentencing Factors Statements/Sentencing Motions due by 4/19/2010. Objections/Responses to Sentencing Factors/Motions due by 4/26/2010. Motions to Adjourn due by 4/30/2010. Character Letters due by 5/3/2010. Presentence Report to the Court due by 5/3/2010. For the govt. - Aaron Mango. For the deft. - James Grable, Jr. Fred Teshinksy President of Tulip Corporation also present and sworn. (Court Reporter Michelle McLaughlin.)(MEAL) (Entered: 02/08/2010)
04/19/20106STATEMENT WITH RESPECT TO SENTENCING FACTORS by Tulip Corporation (Grable, James) (Entered: 04/19/2010)
04/20/20107STATEMENT WITH RESPECT TO SENTENCING FACTORS by USA as to Tulip Corporation (Mango, Aaron) (Entered: 04/20/2010)
05/10/2010Minute Entry for proceedings held before Hon. William M. Skretny: Sentencing held on 5/10/2010 for Tulip Corporation on One Count Felony Information. Presentence report to be sealed - will be made available to counsel for appeal purposes only. The probation department's recommendation section which is a part of said presentence report will be kept under separate seal and will not be accessible to counsel. The Court accepts plea agreement 11(c)(1)(C) and guilty plea. The defendant is sentenced to a 3 year term of probation. While on probation, the defendant corporation shall not commit another federal, state or local crime, and shall abide by the following special conditions: financial disclosure; The defendant shall submit to a search of the business property or any other property under the defendant corporations control, based upon reasonable suspicion, and permit confiscation of any evidence or contraband discovered; The corporation shall comply with Paragraph 8 of the plea agreement wherein the defendant corporation agreed that in the aftermath of the 7/1/2007 DEC inspection, the defendant corporation prepared and implemented the ECP. The only part of the ECP that remains for implementation are the Independent Monitor provisions of the ECP. To implement those provisions, the defendant corporation shall contract with GAZ GeoEnvironmental, Inc. (hereafter known as GZA), located in Buffalo, NY, to independently monitor the defendant corporations adherence to the Plan. GZA shall, without prior notice, inspect the defendant corporations Niagara Falls Plant at least four (4) time during the first year of probation, and two (2) times during the second year of probation, and two (2) times during the third year of probation. During these inspections, GZA shall have the authority to fully search the defendant corporations Niagara Falls Plant, and take any samples it deems appropriate. GZA shall take and analyze at least two (2) ambient air samples from the defendant corporation's Niagara Falls Plant during the first year of probation, one (1) ambient air sample during the second year of probation, and one (1) ambient air sample during the third year of probation. Following each inspection and/or analysis conducted by GZA, GZA shall prepare a report documenting the defendant corporation's adherence to the ECP and identifying any alleged violations of the local, state or federal law or regulations. A copy of the report prepared by GZA shall be submitted to the U.S. Probation Department and the U.S. Attorneys Office; $400 mandatory special assessment fee, due immediately; $100,000 fine, payment due by the end of the week. The Court imposes sentence as stated and directs preparation of a judgment of conviction. For the govt. - Aaron Mango. For the deft. - James Grable. For prob. - Susan Vujakovich. (Court Reporter Michelle McLaughlin.)(MEAL) (Entered: 05/11/2010)
05/12/20109PRESENTENCE INVESTIGATION REPORT (Sealed) as to Tulip Corporation (Attachments: # 2 attachment)(DZ) (Entered: 05/12/2010)
05/12/201010Sealed Document as to Tulip Corporation. (DZ) (Entered: 05/12/2010)
05/12/201011JUDGMENT as to Tulip Corporation (1), Count(s) 1; Additional certified copies forwarded to USPO, USM, US Attorney, Debt Collection, Financial Department. Signed by Hon. William M. Skretny on 5/12/10.(DZ) (Entered: 05/12/2010)
05/21/201012SATISFACTION OF JUDGMENT as to Tulip Corporation by USA (Robinson, Kevin) (Entered: 05/21/2010)