CLOSED

U.S. District Court
Eastern District of Missouri (LIVE) (St. Louis)
CRIMINAL DOCKET FOR CASE #: 4:08-cr-00565-HEA-1


Case title: USA v. Usona Metal Finishing Company et al
Date Filed: 09/24/2008
Date Terminated: 02/27/2009
Assigned to: Honorable Henry E. Autrey

Defendant (1)
Usona Metal Finishing Company
TERMINATED: 02/27/2009 		represented byDavid B.B. Helfrey
HELFREY AND NEIERS, P.C.
120 S. Central Avenue
Suite 1500
St. Louis, MO 63105
314-725-9100
Fax: 314-725-5754
Email: dhelfrey@hnjlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
Disposition
VIOLATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT(RCRA)
(1r)		 Defendant plead guilty to Count 1. The defendant organization is hereby placed on probation for a term of 3 years. Restitution in the amount of $9,362.85. Special assessment of $400.00 due immediately.

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
VIOLATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT(RCRA)
(2r-3r)		 Dismissed on the motion of the AUSA.
VIOLATION OF THE CLEAN WATER ACT
(4r)		 Dismissed on the motion of the AUSA.

Highest Offense Level (Terminated)
Felony

Complaints
Disposition
None

Plaintiff
USA represented byAnne E. Rauch
OFFICE OF U.S. ATTORNEY
111 S. Tenth Street
20th Floor
St. Louis, MO 63102
314-539-2200
Fax: 314-539-7695
Email: rauch.anne@epa.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Michael W. Reap
OFFICE OF U.S. ATTORNEY
111 S. Tenth Street
20th Floor
St. Louis, MO 63102
314-539-2200
Fax: 314-539-7695
Email: michael.reap@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
09/24/20081 INDICTMENT referred to Magistrate Judge Audrey G. Fleissig as to Usona Metal Finishing Company (1) count(s) 1-3, 4, Paul Fredericks (2) count(s) 1-3, 4. (Attachments: # 1 Criminal Cover Sheet) (SAJ) (Entered: 09/25/2008)
09/24/20082 REDACTED INDICTMENT as to Usona Metal Finishing Company (1): Former count 1-3 is now count 1r-3r. Former count 4 is now count 4r. Paul Fredericks (2): Former count 1-3 is now count 1r-3r. Former count 4 is now count 4r.. (SAJ) (Additional attachment(s) added on 10/2/2008: # 1 Redacted Indictment -2) (SAJ). (Entered: 09/25/2008)
09/24/2008  Summons Issued in case as to Usona Metal Finishing Company. (SAJ) (Entered: 09/25/2008)
09/29/20083 ENTRY OF ATTORNEY APPEARANCE Michael W. Reap appearing for USA. (Reap, Michael) (Entered: 09/29/2008)
09/30/20086 ENTRY OF ATTORNEY APPEARANCE Anne E. Rauch appearing for USA. (Rauch, Anne) (Entered: 09/30/2008)
10/02/200812 Minute Entry for proceedings held before Mag Judge Audrey G. Fleissig:Arraignment: Parties present for arraignment. Defendant waives reading of indictment, plea of not guilty as to Usona Metal Finishing Company (1) Count 1r-3r,4r held on 10/2/2008 Attorney David B.B. Helfrey for Usona Metal Finishing Company added. Oral motion for extension of time to file pretrial motions--GRANTED per AGF. Evidentiary Hearing set for 10/23/2008 02:00 PM in Courtroom 9N before Mag Judge Audrey G. Fleissig. (Court Reporter or FTR Gold Operator initials:CEL.) (FTR Gold (yes or no): YES.) (proceedings started: 11:05 a.m..) (proceedings ended: 11:13 a.m..) (MJM) (Entered: 10/02/2008)
10/02/200813 ORAL MOTION Re: Extension of Time to File Pretrial Motions by defense counsel for Usona Metal Finishing Company. (MJM) (Entered: 10/02/2008)
10/02/2008  ORDER granting 13 Oral Motion as to Usona Metal Finishing Company. Signed by Mag Judge Audrey G. Fleissig on 10/2/08. (MJM) (Entered: 10/02/2008)
10/02/200814 ORDER CONCERNING PRETRIAL MOTIONS as to Usona Metal Finishing Company, Paul Fredericks Forthwith each party may propound to opposing party and may file w/the court any request for pretrial disclosure of evidence or information not later than 10/6/08. The parties shall respond to any such request for pretrial disclosure not later than 10/8/08. Counsel for defendant to file with the court a memorandum if defendant chooses not to file any pretrial motions not later than 10/15/08. Criminal Pretrial Motion due by 10/15/2008. Evidentiary Hearing set for 10/23/2008 02:00 PM in Courtroom 9N before Mag Judge Audrey G. Fleissig. Signed by Mag Judge Audrey G. Fleissig on 10/2/08. (MJM) (Entered: 10/02/2008)
10/06/200816  REQUEST for Discovery by Defendants Usona Metal Finishing Company and Paul Fredericks. (Helfrey, David) Redocketed as a request on 10/7/2008, also attorney contacted re when to file Request for Discovery and when to file Motion for Discovery, per Chambers' request (TRC). (Entered: 10/06/2008)
10/08/200817  MOTION for Discovery by USA as to defendant Usona Metal Finishing Company, Paul Fredericks. (Reap, Michael) (Entered: 10/08/2008)
10/13/200818  MOTION to Continue ; Filing of PreTrial Motions. (Helfrey, David) (Entered: 10/13/2008)
10/14/200819 ORDER as to Usona Metal Finishing Company, Paul Fredericks: This matter is before the Court on Defendants Motion for continuance of pretrial motion hearing and extension of time within which to file motions 18 , filed onOctober 13, 2008. For good cause shown, IT IS HEREBY ORDERED that Defendants Motion for continuance of pretrial motion hearing and extension of time within which to file motions 18 is GRANTED. Defendant shall have to and including November 5, 2008 to file any pretrial motions or waiver of motions. The government shall have until November 12, 2008 to respond.IT IS FURTHER ORDERED that the pretrial evidentiary hearing presently setfor October 23, 2008, is continued and rescheduled for November 13, 2008, at 1:00 p.m. Counsel for all parties and Defendant Paul Fredericks, himself, are required to attend. Please see Order for Full Details. Criminal Pretrial Motion due by 11/5/2008. Evidentiary Hearing set for 11/13/2008 01:00 PM in Courtroom 9N before Mag Judge Audrey G. Fleissig. Signed by Mag Judge Audrey G. Fleissig on 10/14/08. (ARL) (Entered: 10/14/2008)
11/05/200820 WAIVER of Filing Pretrial Motions by Usona Metal Finishing Company, Paul Fredericks (Helfrey, David) (Entered: 11/05/2008)
11/12/2008  Docket Text ORDER as to Usona Metal Finishing Company, Paul Fredericks; ORDERED. The pretrial/evidentiary hearing is hereby rescheduled for Thursday, November 13, 2008 at 11:30 a.m. This is a time change only. Signed by Mag Judge Audrey G. Fleissig on November 12, 2008. (SAA) (Entered: 11/12/2008)
11/13/200821 Minute Entry for proceedings held before Mag Judge Audrey G. Fleissig: Pretrial Motions.Defendant waives filing of motions and hearing. Court accepts waiver. Government withdraws Motion for Discovery (Doc. #17). Court orders motion withdrawn. Trial set for 12/15/08 at 9:30 a.m. (Court Reporter or FTR Gold Operator initials:TRC.) (FTR Gold (yes or no): YES.) (proceedings started: 11:33 a.m..) (proceedings ended: 11:41 a.m..) (Defendant Location: BOND.) (MJM) (Entered: 11/13/2008)
11/13/200823 ORAL MOTION Re: To Withdraw Motion for Discovery [Doc. #17] by USA as to defendant Usona Metal Finishing Company, Paul Fredericks. (MJM) (Entered: 11/13/2008)
11/13/2008  ORDER granting 23 Oral Motion as to Usona Metal Finishing Company, Paul Fredericks as to Usona Metal Finishing Company (1), Paul Fredericks (2). Signed by Mag Judge Audrey G. Fleissig on 11/13/08. (MJM) (Entered: 11/13/2008)
11/13/2008  ORDER withdrawing 17 Motion for Discovery as to Usona Metal Finishing Company (1), Paul Fredericks (2). Signed by Mag Judge Audrey G. Fleissig on 11/13/08. (MJM) (Entered: 11/13/2008)
11/13/200824 ORDER REGARDING WAIVER AND TRIAL SETTING as to Usona Metal Finishing Company and Paul Fredericks. This matter came before the Court for an evidentiary hearing on pretrial motions on Thursday, November 13, 2008, at 11:30 a.m. The defendants appeared with counsel, and after being advised of the right to file motions and to have an evidentiary hearing, defendants knowingly and voluntarily waived their right to file or proceed on pretrial motions and to an evidentiary hearing. There being no outstanding motions, there will be no further evidentiary hearing in this matter. Trial in this matter has been scheduled for Monday, December 15, 2008, at 9:30 a.m., before the Honorable Henry E. Autrey. Jury Trial set for 12/15/2008 09:30 AM in Courtroom 10N before Honorable Henry E. Autrey. Signed by Mag Judge Audrey G. Fleissig on 11/13/08. (MJM) (Entered: 11/13/2008)
11/17/200826 ORDER Setting Forth Trial Procedures in Criminal Cases as to Usona Metal Finishing Company, Paul Fredericks (see order for details). Jury Trial set for 12/15/2008 09:30 AM in Courtroom 10N before Honorable Henry E. Autrey. Signed by Honorable Henry E. Autrey on 11/17/08. (TRC) (Entered: 11/17/2008)
12/02/200827 Minute Entry for proceedings held before Honorable Henry E. Autrey:Change of Plea Hearing as to Usona Metal Finishing Company held on 12/2/2008. By leave of Court, Defendant withdraws former plea of not guilty and enters plea of guilty to count 1 of the indictment. Stipulation of facts relative to sentencing filed with plea agreement. Court accepts stipulation/plea agreement. Ordered that counts 2-4 be held in abeyance until sentencing. Sentencing set for 2/26/2009 10:45 AM in Courtroom 10N before Honorable Henry E. Autrey. (Court Reporter or FTR Gold Operator initials:S. White.) (FTR Gold (yes or no): No.) (proceedings started: 11:08 am.) (proceedings ended: 11:28 am.) (TRC) (Entered: 12/02/2008)
12/02/200829 PLEA AGREEMENT, GUIDELINES RECOMMENDATIONS AND STIPULATIONS by Usona Metal Finishing Company, USA, Paul Fredericks as to Usona Metal Finishing Company, Paul Fredericks (TRC) (Entered: 12/02/2008)
02/09/200930 ACCEPTANCE TO PRESENTENCE INVESTIGATION REPORT by Usona Metal Finishing Company, Paul Fredericks (Roller, Douglas) (Entered: 02/09/2009)
02/11/200931 ACCEPTANCE TO PRESENTENCE INVESTIGATION REPORT by USA as to Usona Metal Finishing Company, Paul Fredericks (Reap, Michael) (Entered: 02/11/2009)
02/19/200932  MOTION for Leave to File Sealed Documents by Usona Metal Finishing Company, Paul Fredericks. (Helfrey, David) (Entered: 02/19/2009)
02/19/200933 SENTENCING MEMORANDUM - SEALED by defendant Usona Metal Finishing Company, Paul Fredericks (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Helfrey, David) (Entered: 02/19/2009)
02/23/200934 RESPONSE TO COURT by USA as to Usona Metal Finishing Company, Paul Fredericks (Reap, Michael) (Entered: 02/23/2009)
02/26/200935 Minute Entry for proceedings held before Honorable Henry E. Autrey:Sentencing as to Usona Metal Finishing Company held on 2/26/2009. Defendant/Parties present for imposition of sentence. Company appears via Paul Fredericks. Plea Agreement adopted and accepted by the Court. No objections to Presentence Report filed by either party. PSR adopted and accepted by the Court and to be filed Under Seal. Sentence imposed - see judgment. Counts 2-4 dismissed upon the motion of the AUSA. (Court Reporter or FTR Gold Operator initials:G. Madden.) (FTR Gold (yes or no): No.) (proceedings started: 10:50 am.) (proceedings ended: 11:23 am.) (Defendant Location: PROBATION.) (TRC) (Entered: 02/27/2009)
02/26/200936 PRESENTENCE INVESTIGATION REPORT (FILED UNDER SEAL) as to Usona Metal Finishing Company (TRC) (Entered: 02/27/2009)
02/26/200939 NOTICE of Certification of Compliance with Local Rule 12.07. by Usona Metal Finishing Company, Paul Fredericks (TRC) (Entered: 02/27/2009)
02/26/200942 JUDGMENT as to Usona Metal Finishing Company (1), Count(s) 1r, Defendant plead guilty to Count 1. The defendant organization is hereby placed on probation for a term of 3 years. Restitution in the amount of $9,362.85. Special assessment of $400.00 due immediately.; Count(s) 2r-3r, 4r, Dismissed on the motion of the AUSA. Signed by Honorable Henry E. Autrey on 2/26/09. (cc: USM w/ 2 cert copies) (TRC) (Entered: 03/02/2009)
02/26/200943 SEALED STATEMENT OF REASONS for Sentence as to defendant Usona Metal Finishing Company . Signed by Honorable Henry E. Autrey on 2/26/09. (TRC) (Entered: 03/02/2009)
05/04/200946 SATISFACTION of as to Usona Metal Finishing Company regarding Restitution (Wright, Julia) (Entered: 05/04/2009)
02/23/201151 RESPONSE to Motion by USA as to Usona Metal Finishing Company, Paul Fredericks re 50 MOTION for Early Termination of Probation/Supervised Release. for Paul Fredericks (2) Count 1r (Reap, Michael) (Entered: 02/23/2011)
02/24/201153 Docket Text ORDER as to Paul Fredericks Re: 50 MOTION for Early Termination of Probation/Supervised Release. for Paul Fredericks (2) Count 1r by Paul Fredericks. (Attachments: # 1 Satisfaction of Restitution, # 2 Letter from Probation Office)(Helfrey, David) filed by Paul Fredericks ; ORDERED: GRANTED, SO ORDERED. Signed by Honorable Henry E. Autrey on 2/24/2011. (cc: Probation) (CBL) (Entered: 02/25/2011)