CLOSED

U.S. District Court
District of Nebraska (8 Omaha)
CRIMINAL DOCKET FOR CASE #: 8:01-cr-00054-JFB All Defendants


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)
Utilicorp United
INC.
TERMINATED: 03/26/2001
represented byBradley 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
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)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Chief Judge Joseph F. Bataillon

Defendant (2)
Peopleservice
INC.
TERMINATED: 03/26/2001
represented byThomas 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
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)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Interested Party
Nebraska Environmental Trust represented byNebraska Environmental Trust
700 South Sixteenth Street
P.O. Box 94913
Lincoln, NE 68509-4913
(402) 471-5409
Fax: (402) 471-8233
PRO SE


Plaintiff
United States of America represented byJan 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
03/15/2001INFORMATION 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)
03/15/2001MINUTES: 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)
03/15/2001MINUTES: 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)
03/15/2001EXHIBIT LIST from hearing held on 3/15/01 as to defendant Peopleservice (ICMSUSER) (Entered: 03/16/2001)
03/15/2001ATTORNEY APPEARANCE for defendant Utilicorp United by attorney Matthew F. Heffron (NCD) (Entered: 03/16/2001)
03/15/2001WAIVER of Preparation of Presentence Investigation and Report by defendant Peopleservice (NCD) (Entered: 03/16/2001)
03/15/2001PETITION to enter plea of guilty by defendant Utilicorp United (Plea Agreement attached). (NCD) (Entered: 03/16/2001)
03/15/2001PETITION to enter plea of guilty by defendant Peopleservice (Plea Agreement attached). (NCD) (Entered: 03/16/2001)
03/15/2001STATEMENT OF FACTS by defendant Utilicorp United (NCD) (Entered: 03/16/2001)
03/15/200110 STATEMENT OF FACTS by defendant Peopleservice (NCD) (Entered: 03/16/2001)
03/26/200111 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)
03/26/200112 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)
03/30/200113 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)
04/04/200114 SATISFACTION OF JUDGMENT re: judgment [12-5] as to defendant Utilicorp United; copy of Fin Adm (JAE) (Entered: 04/04/2001)
05/01/200115 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)
06/07/200116 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)
06/13/200117 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)
06/03/200218 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)
06/13/200719ORDER 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)
06/13/200721Mail 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)
06/19/200720EXHIBIT RECEIPT of government's criminal exhibits as to defendant Peopleservice. (CJP) (Entered: 06/19/2007)
06/19/200722Mail 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)
06/21/200723NOTICE 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)
08/31/200724 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)
08/31/200725ORDER 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)
11/01/200726REQUEST 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)
11/05/200727ORDER 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)