CLOSED

U.S. District Court
Northern District of Iowa (Western Division)
CRIMINAL DOCKET FOR CASE #: 5:11-cr-04091-MWB-1


Case title: USA v. VS Holding Co

Date Filed: 06/24/2011
Date Terminated: 02/08/2012


Interested Party
US Probation represented byuspNotify
Email: pocrecm@ianp.uscourts.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Assigned to: Judge Mark W Bennett
Referred to: Magistrate Judge Paul A Zoss

Defendant (1)
VS Holding Co
TERMINATED: 02/08/2012
formerly known as
Alliance Concrete Inc
TERMINATED: 02/08/2012
represented byAlan G Stoler
Alan G. Stoler, PC
1823 Harney Street
Suite 1004
ECF
Omaha, NE 68102
402 346 1733
Fax: 346 2242
Email: astoler@ix.netcom.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Hayward L Draper
Nyemaster Goode Voigts West Hansell & O'Brien, PC
700 Walnut
Suite 1600
**ECF
Des Moines, IA 50309
515 283 3100
Fax: 283 8045
Email: hdraper@nyemaster.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
15:1 - ANTITRUST VIOLATIONS
(1)
$400 special assessment (paid): $300,000.00 fine

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byAndre M Geverola
US Department of Justice
Antitrust Division
209 S. LaSalle Street
Suite 600
**ECF
Chicago, IL 60604
312 353 6242
Fax: 353 1046
Email: andre.geverola@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Laura Heidi Manschreck
United States Department of Justice
Antitrust Division
209 S. LaSalle
**ECF
Chicago, IL 60604
312 353 6893
Fax: 353 1046
Email: heidi.manschreck@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Robert Michael Jacobs
US Deptartment of Justice
Antitrust Division
209 S. LaSalle Street
Suite 600
**ECF
Chicago, IL 60604
312 353 8304
Fax: 353 1046
Email: robert.jacobs@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
06/24/2011INFORMATION as to VS Holding Co count 1. (USM,USA) (src) Modified on 6/24/2011 to note that USP and Def Counsel was notified of filing with regenerated NEF. (src) (Entered: 06/24/2011)
06/24/2011WAIVER OF INDICTMENT by Defendant VS Holding Co. (USM,USA) (src) (Entered: 06/24/2011)
06/27/2011NOTICE of Attorney Appearance: Alan G Stoler appearing for Defendant VS Holding Co (Stoler, Alan) (Entered: 06/27/2011)
06/29/2011ORDER to Continue - Ends of Justice as to Defendant VS Holding Co: Time excluded from 06/29/11 until 07/08/11: Initial Appearance, Arraignment and Plea Hearing set for 07/08/2011 at 2:00 PM in SC 1st Fl Ct before Chief Magistrate Judge Paul A Zoss. Signed by Chief Magistrate Judge Paul A Zoss on 06/29/11. (kfs) (Entered: 06/29/2011)
06/30/2011NOTICE of Attorney Appearance: Hayward L Draper appearing for Defendant VS Holding Co (Draper, Hayward) (Entered: 06/30/2011)
07/01/2011NOTICE of Intent to Plead Guilty by Defendant VS Holding Co (Manschreck, Laura) (Entered: 07/01/2011)
07/01/2011SEALED Rule 11 Letter By Plaintiff as to VS Holding Co (Manschreck, Laura) (Entered: 07/01/2011)
07/08/2011MINUTE Entry for proceedings held before Chief Magistrate Judge Paul A Zoss: Arraignment, Initial Appearance and Change of Plea Hearing as to Defendant VS Holding Co Count 1 held on 7/8/2011, and defendant pled guilty. Gov't Exhibit 1 due 07/11/11. (Court Reporter - Digital Recording) (src) (Entered: 07/08/2011)
07/08/201110 NOTICE of Consent to Entry of a Plea of Guilty by Defendant VS Holding Co. (src) (Entered: 07/08/2011)
07/08/201111 REPORT AND RECOMMENDATION to Accept Guilty Plea as to Count One of the Information as to VS Holding Co. Objections to R&R due by 7/22/2011. Signed by Chief Magistrate Judge Paul A Zoss on 07/08/2011. (src) (Entered: 07/08/2011)
07/08/201112 WAIVER of Objections to 11 Report and Recommendations by Defendant VS Holding Co. (src) (Entered: 07/08/2011)
07/08/201113 WAIVER of Objections to 11 Report and Recommendation by United States of America as to Defendant VS Holding Co. (src) (Entered: 07/08/2011)
07/08/201114 ORDER Accepting Report and Recommendation re Plea as to Defendant VS Holding Co for 11 Report and Recommendation to Accept Guilty Plea to Count 1 of the Information. Signed by Judge Mark W Bennett on 7/8/2011. (des) (Entered: 07/08/2011)
07/11/201115 NOTICE of Filing of Exhibits from Hearing by USA as to Defendant VS Holding Co re 9 Arraignment, Initial Appearance and Change of Plea Hearing. (Attachments: # 1 Exhibit VS Holding Board Meeting Minutes) (Manschreck, Laura) Modified text on 7/12/2011 (skm). (Entered: 07/11/2011)
10/23/201116 SEALED Draft Presentence Investigation Report First Draft by USA, US Probation, VS Holding Co as to Defendant VS Holding Co (Attachments: # 1 Instructions for Objecting) (Kuehl, Kelly) (Entered: 10/23/2011)
11/04/201117 SEALED Objection to Presentence Investigation Report By Defendant as to VS Holding Co 16 (Stoler, Alan) (Entered: 11/04/2011)
11/07/201118 SEALED Objection to Presentence Investigation Report By Plaintiff as to VS Holding Co 16 (Manschreck, Laura) Modified to add link to PSR on 11/8/2011 (skm). (Entered: 11/07/2011)
11/09/201119 ORDER Setting Hearing as to Defendant VS Holding Co. Sentencing set for 2/3/2012 08:30 AM in SC 3rd Fl Ct before Judge Mark W Bennett. Signed by Judge Mark W Bennett on 11/9/11. (djs) (Entered: 11/09/2011)
11/14/201120  MOTION to Set Briefing Schedule by USA as to VS Holding Co. (Geverola, Andre) (Entered: 11/14/2011)
11/17/201121 ORDER - Granting 20 MOTION to Set Briefing Schedule filed by USA as to Defendant VS Holding Co. Any filings under Local Criminal Rule 32(a)(2) shall be filed no later than January 19, 2012, and any filings under Local Criminal Rule 32(a)(3) shall be filed no later than January 26, 2012. Signed by Judge Mark W Bennett on 11/17/2011. (src) (Entered: 11/17/2011)
01/11/201222 SEALED Presentence Investigation Report Final and Amended Presentence Report with Sentencing Worksheet attached by USA, US Probation, VS Holding Co as to Defendant VS Holding Co (Attachments: # 1 Sentencing Worksheet) (Guthrie, Loretta) (Entered: 01/11/2012)
01/19/201223 SEALED Objection to Presentence Investigation Report as to VS Holding Co 22 By Defendant (Attachments: # 1 List of Exhibits and Witnesses) (Stoler, Alan) (Entered: 01/19/2012)
01/19/201224 MOTION for Departure--Downward by VS Holding Co. (Attachments: # 1 List of Exhibits and Witnesses) (Stoler, Alan) Modified text on 1/20/2012 (skm). (Entered: 01/19/2012)
01/19/201225 MOTION for Variance--Downward by VS Holding Co. (Attachments: # 1 List of Exhibits and Witnesses) (Stoler, Alan) Modified text on 1/20/2012 (skm). (Entered: 01/19/2012)
01/19/201226 SEALED Sentencing Memorandum Defendant - Omnibus brief as to all sentencing issues and motions as to Defendant VS Holding Co (Stoler, Alan) Modified to make parties appicable on 1/20/2012 (skm). (Entered: 01/19/2012)
01/19/201227 NOTICE of Filing Sentencing Memorandum Under Seal by USA as to Defendant VS Holding Co (Geverola, Andre) Modified text on 1/20/2012 (skm). (Entered: 01/19/2012)
01/19/201228 SEALED Sentencing Memorandum By Plaintiff as to Defendant VS Holding Co (Attachments: # 1 Exhibit List) (Geverola, Andre) Modified on to make parties applicable 1/20/2012 (skm). (Entered: 01/19/2012)
01/26/201230 SEALED Sentencing Memorandum By Plaintiff Response to Defendants 23 Objections to the Presentence Report, Motions for 25 Variance and 24 Departure and 26 Sentencing Memorandum as to Defendant VS Holding Co (Attachments: # 1 Exhibit and Witness List) (Geverola, Andre) Modified on 1/27/2012 to add defendant as applicable party (djs). Modified text to add links on 1/27/2012 (skm). (Entered: 01/26/2012)
01/26/201231 SEALED Sentencing Memorandum By Defendant in Response to Government's 30 Sentencing Memorandum as to Defendant VS Holding Co (Attachments: # 1 Corrected List of Exhibits and Witnesses) (Stoler, Alan) Modified text to add link on 1/27/2012 (skm). (Entered: 01/26/2012)
01/31/201233 TEXT ORDER ONLY as to Defendant VS Holding Co granting plaintiff's motion for leave to file Supplemental Exhibit List. The plaintiff is directed to forward the new exhibits to the court and to the defendant as soon as possible. ***Motions terminated as to Defendant VS Holding Co: 32 SEALED Motion Leave to File Supplemental Exhibit List filed by USA. Signed by Judge Mark W Bennett on 1/31/2012. (Gill, Jennifer) (Entered: 01/31/2012)
01/31/201235 TEXT ORDER ONLY as to Defendant VS Holding Co,granting defendant's Motion to Supplement List of Exhibits and Witnesses. The defendant is directed to supply the court and the plaintiff with exhibit 15 as soon as possible. ***Motions terminated as to Defendant VS Holding Co: 34 SEALED Motion to Supplement List of Exhibits and Witnesses filed by VS Holding Co. Signed by Judge Mark W Bennett on 1/31/2012. (Gill, Jennifer) (Entered: 01/31/2012)
02/03/201236 MINUTE Entry for proceedings held before Judge Mark W Bennett: Sentencing held on 02/03/2012 as to Defendant VS Holding Co: Government's and Defendant's Hearing Exhibits due by 02/06/2012 (Court Reporter: Shelly Semmler) (kfs) (Entered: 02/03/2012)
02/06/201238 NOTICE of Filing of Sealed Exhibits from 36 Sentencing Hearing By Defendant as to VS Holding Co (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15) (Stoler, Alan) Modified text to add link on 2/7/2012 (skm). (Entered: 02/06/2012)
02/08/201239 JUDGMENT as to Defendant VS Holding Co (1): Count 1: $400 special assessment (paid): $300,000.00 fine. Signed by Judge Mark W Bennett on 02/08/12. (kfs) (Entered: 02/08/2012)
02/10/201240 SEALED Statement of Reasons by USA, US Probation, VS Holding Co as to Defendant VS Holding Co (Guthrie, Loretta) (Entered: 02/10/2012)
02/29/201241 NOTICE of Filing of Official Transcript of Sentencing Proceedings as to Defendant VS Holding Co held on 02/03/2012, before Judge Mark W Bennett. Court Reporter Shelly Semmler, Telephone number 712.233.3846. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/21/2012. Redacted Transcript Deadline set for 4/2/2012. Release of Transcript Restriction set for 5/29/2012. (src) Modified on 2/29/2012 to note that NEF was emailed to court reporter. (src) (Entered: 02/29/2012)
02/29/201242 NOTICE of Filing of Electronic Transcript: Administrative Order attached: Please read for instructions for actions parties/counsel may be required to take re 41 Sentencing Transcript. (src) (Entered: 02/29/2012)