| CLOSED |
Case title: USA v. Utilicorp United, et al |
Date Filed: 03/15/2001 Date Terminated: 03/26/2001 |
| Assigned to: Chief Judge Joseph F. Bataillon | ||
Defendant (1) |
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Utilicorp United INC. TERMINATED: 03/26/2001 |
represented by | Bradley Hiles
HUSCH, BLACKWELL LAW FIRM - ST. LOUIS 720 Olive Street 24th Floor St. Louis, MO 63101 (314) 345-6000 TERMINATED: 03/26/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Matthew F. Heffron BROWN, BROWN LAW FIRM 2027 Dodge Street Suite 501 P.O. Box 40 Omaha, NE 68101-0040 (402) 346-5010 Fax: (402) 345-8853 Email: mheffron@bblaw.us TERMINATED: 03/26/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained |
Pending Counts |
Disposition |
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| 33:1319(c)(1) and 18:2 Enforcement - Criminal penalties (1-5) |
Dft pleaded guilty to count 1-5 of the information and sentenced to probation for a period of 7 days or until such time as all sums of money due under the plea agreement have been fully paid; $625.00 SA, $100,000. fine, $150,000. to NE Environmental Trust Fund, $750,000. to Bak to the River, Inc. | |
Highest Offense Level (Opening) |
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| Felony | ||
Terminated Counts |
Disposition |
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| None | ||
Highest Offense Level (Terminated) |
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| None | ||
Complaints |
Disposition |
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| None |
| Assigned to: Chief Judge Joseph F. Bataillon | ||
Defendant (2) |
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Peopleservice INC. TERMINATED: 03/26/2001 |
represented by | Thomas E. Johnson
BAIRD, HOLM LAW FIRM 1700 Farnam Street Suite 1500, Woodmen Tower Omaha, NE 68102-2068 (402) 636-8265 Fax: (402) 231-8556 Email: tjohnson@bairdholm.com TERMINATED: 03/26/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained |
Pending Counts |
Disposition |
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| 33:1319(c)(1) and 18:2 Enforcement - Criminal penalties (6-10) |
Dft pleaded guilty to Counts 6 through 10 of an information; Dft is sentenced to probation for a period of 3 years or until such time as all sums of money due under the plea agreement have been fully paid or until such time as the Court discharges th e dft from the remaining monetary obligations as set forth in the Environmental Compliance Plan; Dft shall pay $625.00 Assessment, $100,000.00 as to Count VI; and $100,000.00 as to Counts VII, VIII, IX & X, unless complaince by the dft with the Clean Water Act as set forth in the Plea Agreement | |
Highest Offense Level (Opening) |
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| Felony | ||
Terminated Counts |
Disposition |
|
| None | ||
Highest Offense Level (Terminated) |
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| None | ||
Complaints |
Disposition |
|
| None |
Interested Party |
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| Nebraska Environmental Trust | represented by | Nebraska Environmental Trust
700 South Sixteenth Street P.O. Box 94913 Lincoln, NE 68509-4913 (402) 471-5409 Fax: (402) 471-8233 PRO SE |
Plaintiff |
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| United States of America | represented by | Jan W. Sharp
U.S. ATTORNEY'S OFFICE - OMAHA 1620 Dodge Street Suite 1400 Omaha, NE 68102-1506 (402) 661-3700 Fax: (402) 661-3084 Email: jan.sharp@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Jennifer A. Whitfield U.S. DEPARTMENT OF JUSTICE P.O. Box 23985 Washington, DC 20226 LEAD ATTORNEY ATTORNEY TO BE NOTICED Raymond C. Bosch U.S. ENVIRONMENTAL PROTECTION AGENCY, REGION VII Address Updated 1/10/2007 901 North 5th Street Kansas City, KS 66101 (913) 551-7010 LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert F. Kokrda U.S. ATTORNEY'S OFFICE - OMAHA 1620 Dodge Street Suite 1400 Omaha, NE 68102-1506 (402) 661-3700 Fax: (402) 661-3084 Email: robert.kokrda@usdoj.gov TERMINATED: 06/19/2007 LEAD ATTORNEY |
| Date Filed | # | Docket Text |
|---|---|---|
| 03/15/2001 | 1 | INFORMATION by US Attorney naming Utilicorp United (1) in counts 1-5 and Peopleservice (2) in counts 6-10 in violation of 33:1319(c)(1) and 18:2 Enforcement - Criminal penalties (Counts 1-10) (ICMSUSER) (Entered: 03/16/2001) |
| 03/15/2001 | 2 | MINUTES: before Judge Joseph F. Bataillon - Court Reporter: Allan G. Kuhlman; Indictment waived; Dft Utilicorp United arraigned on Information, Attorney Matthew F. Heffron present; Guilty plea entered as to Counts I-5; Plea accepted; Plea agreement accepted; Leave granted to file waiver of indictment, receipt of information and information; Presentence Investigation waived; Written order re: sentencing forthcoming as to defendant Utilicorp United (ICMSUSER) (Entered: 03/16/2001) |
| 03/15/2001 | 3 | MINUTES: before Judge Joseph F. Bataillon - Court Reporter: Allan G. Kuhlman; Indictment waived; Dft Peopleservice arraigned on Information ; Guilty plea entered as to Counts 6-10, attys Brad Hiles and Thomas E. Johnson present ; Plea accepted; Plea agreement accepted; Leave granted to file waiver of indictment, receipt of information and information; Presentence investigation waived; Written order re: sentencing forthcoming as to defendant Peopleservice (ICMSUSER) (Entered: 03/16/2001) |
| 03/15/2001 | 4 | EXHIBIT LIST from hearing held on 3/15/01 as to defendant Peopleservice (ICMSUSER) (Entered: 03/16/2001) |
| 03/15/2001 | 5 | ATTORNEY APPEARANCE for defendant Utilicorp United by attorney Matthew F. Heffron (NCD) (Entered: 03/16/2001) |
| 03/15/2001 | 6 | WAIVER of Preparation of Presentence Investigation and Report by defendant Peopleservice (NCD) (Entered: 03/16/2001) |
| 03/15/2001 | 7 | PETITION to enter plea of guilty by defendant Utilicorp United (Plea Agreement attached). (NCD) (Entered: 03/16/2001) |
| 03/15/2001 | 8 | PETITION to enter plea of guilty by defendant Peopleservice (Plea Agreement attached). (NCD) (Entered: 03/16/2001) |
| 03/15/2001 | 9 | STATEMENT OF FACTS by defendant Utilicorp United (NCD) (Entered: 03/16/2001) |
| 03/15/2001 | 10 | STATEMENT OF FACTS by defendant Peopleservice (NCD) (Entered: 03/16/2001) |
| 03/26/2001 | 11 | JUDGMENT and COMMITMENT regarding [3-3] sentencing Peopleservice (2) on counts 6 through 10; Dft pleaded guilty to Counts 6 through 10 of an information; Dft is sentenced to probation for a period of 3 years or until such time as all sums of money due under the plea agreement have been fully paid or until such time as the Court discharges the dft from the remaining monetary obligations as set forth in the Environmental Compliance Plan; Dft shall pay $625.00 Assessment, $100,000.00 as to Count VI; and $100,000.00 as to Counts VII, VIII, IX & X, unless complaince by the dft with the Clean Water Act as set forth in the Plea Agreement by Judge Joseph F. Bataillon - COPIES MAILED (ICMSUSER) (Entered: 03/26/2001) |
| 03/26/2001 | 12 | JUDGMENT and COMMITMENT regarding [2-3] sentencing Utilicorp United (1) count(s) 1-5. Dft pleaded guilty to counts 1-5 of the information and sentenced to probation for a period of 7 days or until such time as all sums of money due under the plea agreement have been fully paid; $625.00 SA, $100,000. fine, $150,000. to NE Environmental Trust Fund, $750,000. to Bak to the River, Inc. , by Judge Joseph F. Bataillon - COPIES MAILED (ADB) (Entered: 03/26/2001) |
| 03/30/2001 | 13 | ORDER by Judge Joseph F. Bataillon that prior to the disbursement of any Utilicorp United, Inc. Community Service Funds, Back To The River and Nebraska Environmental Trust shall comply w/ the items listed in the order w/in 60 days of this order; IT IS FURTHER ORDERED that the clk shall deposit the monies paid by Utilicorp United, Inc. into an interest bearing account until final disposition of this case or until further order of this court; no disbursement shall be made from this account w/out prior approval of this court - COPIES MAILED, copy to financial (JAE) (Entered: 03/30/2001) |
| 04/04/2001 | 14 | SATISFACTION OF JUDGMENT re: judgment [12-5] as to defendant Utilicorp United; copy of Fin Adm (JAE) (Entered: 04/04/2001) |
| 05/01/2001 | 15 | ORDER by Judge Joseph F. Bataillon that upon the letter received from NE Environmental Trust Fund dated 04/18/01 (attached to this order as exhibit A) it is ordered that the court approves paragraph 3 of the attached letter for application of the funds in this case; any deviations from the proposal for application of funds shall require further court order; Clerk of Court shall pay to the Nebraska Environmental Trust Fund the sum of $150,000.00 plus interest, less the government's fees as to defendant Utilicorp United and defendant Peopleservice in 8:01-cr-00054- COPIES MAILED; cc: Fin Adm (DKM) (Entered: 05/01/2001) |
| 06/07/2001 | 16 | ORDER by Judge Joseph F. Bataillon the court approves the proposal set forth by Bak River; the Clerk of Court shall pay the sum of $750,000, plus interest, less the govt's fee to First National Bank; the clerk of court is instructed to serve a copy of this order on Back to the River, Inc., ATTN: Steven G. Oltmans as to defendant Utilicorp United in 8:01-cr-00054, defendant Peopleservice in 8:01-cr-00054- COPIES MAILED as directed (ATTACHMENTS IN SEPARATE FOLDER) (JLS) (Entered: 06/07/2001) |
| 06/13/2001 | 17 | MAIL RETURNED re: order [16-1] addressed to Raymond C. Bosch, US Environmental Protection Agency; REMAILED TO 901 North 5th St, Kansas City, KS 66101 (JAE) (Entered: 06/14/2001) |
| 06/03/2002 | 18 | ORDER by Judge Joseph F. Bataillon that the court approves utilization of $30,000.00 for a public information campaign to solicit contributions to the NE Environmental Endowment from the public; that the $100,000 is in fact intended for deposit in the Endowment Account as described in Exhibit "A", letter dated 4/18/01- COPIES MAILED (TJS) (Entered: 06/03/2002) |
| 06/13/2007 | 19 | ORDER as to defendant Peopleservice. It is ordered that government's exhibits in this case are to be returned to the United States Attorney for appropriate disposition. Ordered by Judge Joseph F. Bataillon.(CJP) (Entered: 06/13/2007) |
| 06/13/2007 | 21 | Mail Returned as Undeliverable addressed to Robert Kokrda regarding Order 19 . E-mail resent to Jan Sharp at jan.sharp@usdoj.gov. (ADB) (Entered: 06/19/2007) |
| 06/19/2007 | 20 | EXHIBIT RECEIPT of government's criminal exhibits as to defendant Peopleservice. (CJP) (Entered: 06/19/2007) |
| 06/19/2007 | 22 | Mail Returned as Undeliverable addressed to Robert Kokrda regarding Receipt (Exhibit) 20 . E-mail resent to Jan Sharp at jan.sharp@usdoj.gov. (ADB) (Entered: 06/19/2007) |
| 06/21/2007 | 23 | NOTICE OF ATTORNEY APPEARANCE by Attorney Jan W. Sharp appearing for USA by Attorney Jan W. Sharp as to defendant(s) Peopleservice. (Sharp, Jan) (Entered: 06/21/2007) |
| 08/31/2007 | 24 | MOTION to Destroy or Otherwise Dispose of Returned Exhibits by Attorney Jan W. Sharp as to defendant(s) Peopleservice. (Sharp, Jan) (Entered: 08/31/2007) |
| 08/31/2007 | 25 | ORDER granting 24 Motion to destroy or otherwise dispose of returned exhibits as to defendant Peopleservice. Ordered by Judge Joseph F. Bataillon. (KBJ) (Entered: 08/31/2007) |
| 11/01/2007 | 26 | REQUEST by the Nebraska Environmental Trust to modify orders on how it uses funds as to defendants Utilicorp United, Peopleservice. (ADB) Modified on 11/6/2007 to correct filed date(ADB). (Entered: 11/06/2007) |
| 11/05/2007 | 27 | ORDER regarding Request 26 as to defendant Utilicorp United, Peopleservice. The court's previous orders, Filing Nos. 13 and 15 , are amended to read: "Interest, premiums, dividends, capital gains, or other income earned on this portion of the funds may be transferred into the Nebraska Environmental Trust Fund to be used for environmental purposes as permitted by state law, at the discretion of the Nebraska Environmental Trust Board." Ordered by Judge Joseph F. Bataillon. (ADB ) (Entered: 11/06/2007) |