CLOSED,A/R

United States District Court
Eastern District of Pennsylvania (Philadelphia)
CRIMINAL DOCKET FOR CASE #: 2:03-cr-00555-RBS All Defendants


Case title: USA v. VITILLO et al

Date Filed: 08/28/2003
Date Terminated: 09/16/2005

Assigned to: HONORABLE R. BARCLAY SURRICK
Appeals court case number: '05-4330' 'THIRD CIRCUIT'

Defendant (1)
JOHN VITILLO
TERMINATED: 09/16/2005
represented byHENRY E. HOCKEIMER , JR.
BALLARD SPAHR LLP
1735 MARKET ST 51ST FL
PHILADELPHIA, PA 19103
215-665-8500
Email: hockeimerh@ballardspahr.com
LEAD ATTORNEY

PAUL M. YATRON
MOGEL SPEIDEL BOBB & KERSHNER
520 WALNUT ST
POBX 8581
READING, PA 19603-8581
610-376-1515
Fax: 610-372-8710
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

REBECCA Y. STARR
HANGLEY, ARONCHICK, SEGAL & PUDLIN
ONE LOGAN SQUARE
27TH FLOOR
PHILADELPHIA, PA 19103
215-496-7051
Email: rstarr@hangley.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

AMY SHELLHAMMER
407 CYPRESS ST APR 3F
PHILADELPHIA, PA 19106
267-231-6185
Email: ashellha@alumni.law.upenn.edu
ATTORNEY TO BE NOTICED

ERIC L. YOUNG
EGAN YOUNG
526 TOWNSHIP LINE RD STE 100
BLUE BELL, PA 19422
215-367-5151
Email: eyoung@eganyoung.com
ATTORNEY TO BE NOTICED

Pending Counts

Disposition
18:666(a)(1)(A) THEFT FROM PROGRAM RECEIVING FEDERAL FUNDS:18:2 AIDING AND ABETTING
(1-3)
18:371 - CONSPIRACY.
(1s)
18:371 - CONSPIRACY.
(1ss)
IMPRISONMENT 36 MONTHS; SUPERVISED RELEASE 2 YEARS; RESTITUTION IN THE SUM OF $317,760.00; SPECIAL ASSESSMENT $400.00.
18:666(a)(1)(A) - THEFT FROM PROGRAM RECEIVING FEDERAL FUNDS; 18:2 -AIDING AND ABETTING
(2s-4s)
18:666(a)(1)(A) - THEFT FROM PROGRAM RECEIVING FEDERAL FUNDS; 18:2 AIDING AND ABETTING.
(2ss-4ss)
IMPRISONMENT 36 MONTHS; SUPERVISED RELEASE 2 YEARS; RESTITUTION IN THE SUM OF $317,760.00; SPECIAL ASSESSMENT $400.00.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: HONORABLE R. BARCLAY SURRICK
Appeals court case number: '05-4331' 'THIRD CIRCUIT'

Defendant (2)
VITILLO CORPORATION
TERMINATED: 09/16/2005
represented byHENRY E. HOCKEIMER , JR.
(See above for address)
LEAD ATTORNEY

PAUL M. YATRON
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

REBECCA Y. STARR
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

ERIC L. YOUNG
(See above for address)
ATTORNEY TO BE NOTICED

Pending Counts

Disposition
18:666(a)(1)(A) THEFT FROM PROGRAM RECEIVING FEDERAL FUNDS:18:2 AIDING AND ABETTING
(1-3)
18:371 - CONSPIRACY.
(1s)
18:371 - CONSPIRACY.
(1ss)
PROBATION 5 YEARS; RESTITUTION IN THE SUM OF $317,760.00; SPECIAL ASSESSMENT $1,600.00.
18:666(a)(1)(A) - THEFT FROM PROGRAM RECEIVING FEDERAL FUNDS; 18:2 -AIDING AND ABETTING
(2s-4s)
18:666(a)(1)(A) - THEFT FROM PROGRAM RECEIVING FEDERAL FUNDS; 18:2 AIDING AND ABETTING.
(2ss-4ss)
PROBATION 5 YEARS; RESTITUTION IN THE SUM OF $317,760.00; SPECIAL ASSESSMENT $1,600.00.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: HONORABLE R. BARCLAY SURRICK
Appeals court case number: '05-4332' 'THIRD CIRCUIT'

Defendant (3)
VITILLO ENGINEERING, INC.
TERMINATED: 09/16/2005
represented byHENRY E. HOCKEIMER , JR.
(See above for address)
LEAD ATTORNEY

PAUL M. YATRON
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

REBECCA Y. STARR
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

ERIC L. YOUNG
(See above for address)
ATTORNEY TO BE NOTICED

Pending Counts

Disposition
18:666(a)(1)(A) THEFT FROM PROGRAM RECEIVING FEDERAL FUNDS:18:2 AIDING AND ABETTING
(1-3)
18:371 - CONSPIRACY.
(1s)
PROBATION 5 YEARS; RESTITUTION IN THE SUM OF $317,760.00; SPECIAL ASSESSMENT $1,600.00
18:371 - CONSPIRACY.
(1ss)
18:666(a)(1)(A) - THEFT FROM PROGRAM RECEIVING FEDERAL FUNDS; 18:2 -AIDING AND ABETTING
(2s-4s)
18:666(a)(1)(A) - THEFT FROM PROGRAM RECEIVING FEDERAL FUNDS; 18:2 AIDING AND ABETTING.
(2ss-4ss)
PROBATION 5 YEARS; RESTITUTION IN THE SUM OF $317,760.00; SPECIAL ASSESSMENT $1,600.00

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Garnishee
MERRILL, LYNCH, PIERCE, FENNER & SMITH, INC. represented byLINDA ADAMIC
MERRILL LYNCH
P.O. BOX 40239
JACKSONVILLE, FL 32203-0239
904-218-1857
Fax: 904-425-9513
ATTORNEY TO BE NOTICED


Plaintiff
USA represented byROBERT E. GOLDMAN
P.O. BOX 239
FOUNTAINVILLE, PA 18923
215-249-1213
Email: reg@bobgoldmanlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

JOSEPH F. MINNI
UNITED STATES ATTORNEY'S OFFICE
615 CHESTNUT ST.
STE. 1250
PHILADELPHIA, PA 19106
215-861-8574
Fax: 215-861-8618
Email: joseph.minni@usdoj.gov
ATTORNEY TO BE NOTICED

KATHLEEN RICE
UNITED STATES ATTORNEY'S OFFICE
615 CHESTNUT ST.
STE. 1250
PHILADELPHIA, PA 19106
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
08/28/2003INDICTMENT as to JOHN VITILLO (1) count(s) 1-3, VITILLO CORPORATION (2) count(s) 1-3, VITILLO ENGINEERING, INC. (3) count(s) 1-3. (ss, ) (Entered: 08/29/2003)
09/22/2003Minute Entryfor proceedings held before Judge ARNOLD C. RAPOPORT Arraignment as to JOHN VITILLO (1) Count 1-3, Initial Appearance held on 9/22/03. Plea entered Not Guilty on counts 1,2,3. $20,000. O/R bail set. Court Reporter ESR.(er, ) (Entered: 09/22/2003)
09/22/2003NOTICE OF ATTORNEY APPEARANCE PAUL M. YATRON appearing for JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. (er, ) (Entered: 09/22/2003)
09/22/2003  O/R Bond Entered as to JOHN VITILLO in amount of $ 20,000. (er, ) (Entered: 09/22/2003)
09/22/2003ORDER SETTING CONDITIONS OF RELEASE AS TO JOHN VITILLO (1) $20,000 0/R THAT THE DEFT. PROMISES TO APPEAR AT ALL PROCEEDINGS AS REQUIRED AND TO SURRENDER FOR SERVICE OF ANY SENTENCE IMPOSED,ETC. SIGNED BY JUDGE ARNOLD C. RAPOPORT on 9/22/03.9/22/03 Entered and Copies Mailed.(er, ) (Entered: 09/22/2003)
10/17/2003 MOTION FOR HEARING REGARDING LEGAL REPRESENTATION OF DEFENDANTS BY USA AS TO JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC., CERTIFICATE OF SERVICE. (er, ) (Entered: 10/17/2003)
10/17/2003 MOTION TO ADMIT TAPE RECORDINGS BY USA AS TO JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC., MEMORANDUM, CERTIFICATE OF SERVICE. (er, ) (Entered: 10/17/2003)
10/20/2003MOTION AND ORDER AS TO JOHN VITILLO THAT GOVERNMENT'S MOTION TO PERMIT LIMITED DISCLOSURE OF THE SEARCH WARRANT APPLICATION AND SUPPORTING AFFIDAVIT IS GRANTED, ETC. IT IS FURTHER ORDERED THAT THE SEARCH WARRANT APPLICATION, AND SUPPORTING AFFIDAVIT IN THE ABOVE-CAPTIONED MATTER REMAIN SEALED UNTIL FURTHER ORDER OF THE COURT. SIGNED BY JUDGE ARNOLD C. RAPOPORT on 10/20/03.10/20/03 Entered and Copies Mailed.(er, ) (Entered: 10/20/2003)
10/27/2003ORDER GRANTING 5 MOTION FOR HEARING REGARDING LEGAL REPRESENATION OF DEFTS. JOHN VITILLO (1), VITILLO CORPORATION (2), VITILLO ENGINEERING, INC. (3). HEARING IS SCHEDULED FOR 11/12/03, AT 1:45 P.M. . Signed by Judge R. BARCLAY SURRICK on 10/24/03.10/28/03 ENTERED AND COPIES FAXED BY CHAMBERS.(jh, ) (Entered: 10/28/2003)
10/27/2003ORDER TO CONTINUE PURSUANT TO 18 U.S.C. SECTION 3161(h)(8)(A) AS TO JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. T . Signed by Judge R. BARCLAY SURRICK on 10/24/03.10/28/03 Entered and Copies Faxed by Chambers. (jh, ) (Entered: 10/28/2003)
10/31/200310 First MOTION for Discovery and Inspection Pursuant to Fed.R.Crim.P. 16, Cert. of Service, Proposed Order by JOHN VITILLO. (YATRON, PAUL) Modified on 11/3/2003 (cmc). (Entered: 10/31/2003)
10/31/200311 Memorandum in Support re 10 First MOTION for Discovery and Inspection Pursuant to Fed.R.Crim.P. 16 as to JOHN VITILLO (YATRON, PAUL) (Entered: 10/31/2003)
11/10/200312 RESPONSE to Motion by JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. re 5 MOTION for Hearing Regarding Legal Representation of DefendantsCert. of Service. (YATRON, PAUL) Modified on 11/12/2003 (cmc). (Entered: 11/10/2003)
11/12/200313 Minute Entryfor proceedings held before Judge R. BARCLAY SURRICK Docket Call as to JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. held on 11/12/2003 re: Hearing on Govt's Motion regarding legal representation of Defts. Continued until 11/24/03, at 10:30 A.M..Court Reporter esr.(jh, ) (Entered: 11/12/2003)
03/08/200414 ORDER AS TO JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. THAT PAUL YATRON, ESQ. MAY ENTER HIS APPARANCE ON BEHALF OF AND REPRESENT VITILLO CORP. AND VITILLO ENGINEERING, INC.. Signed by Judge R. BARCLAY SURRICK on 3/8/04.3/8/04 Entered and Copies Faxed by Chambers. (jh, ) (Entered: 03/08/2004)
03/08/200415 Minute Entryfor proceedings held before Judge R. BARCLAY SURRICK Arraignment as to VITILLO CORPORATION (2) Count 1-3 and VITILLO ENGINEERING, INC. (3) Count 1-3 held on 3/5/04, Plea entered by JOHN VITILLO on behalf of VITILLO CORPORATION, VITILLO ENGINEERING, INC. Not Guilty on counts 1-3. Court allows 2 weeks for additional pretrial motions to be filed. Court and Counsel agree to set trial date of 5/17/04, at 9:30 A.M.. Order to be filed. Court Reporter ESR.(jh, ) (Entered: 03/08/2004)
03/15/200416 Supplemental MOTION for Discovery and Inspection by JOHN VITILLO, Cert. of Service, Proposed Order. (YATRON, PAUL) Modified on 3/16/2004 (cmc). (Entered: 03/15/2004)
03/15/200417  MOTION for Bill of Particulars by JOHN VITILLO as to JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC., Cert. of Service, Proposed Order. (Attachments: # 1 Brief)(YATRON, PAUL) Modified on 3/16/2004 (cmc). (Entered: 03/15/2004)
04/16/200418 Reply by USA as to JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, to Motion for Bill of Particularsfiled by USA, Certificate of Service. (er, ) (Entered: 04/20/2004)
04/16/200419 RESPONSE by USA as to JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. Supplemental Motion for Discovery filed by USA, Certificate of Service. (er, ) (Entered: 04/20/2004)
04/20/200420 ORDER THAT DEFENDANTS' REQUEST THAT THE COURT ENTER AN ORDER REQUIRING THE GOVERNMENT TO RETURN THE DEFENDANTS' COMPUTER AND HARD DRIVE IS DENIED. THE GOVERNMENT SHALL CONTINUE TO MAKE THE COMPUTER AND ITS CONTENTS AVAILABLE TO DEFENDANTS', THEIR COUNSEL AND EXPERTSDENYING 16 MOTION FOR DISCOVERY . Signed by Judge R. BARCLAY SURRICK on 4/20/04.4/20/04 ENTERED AND COPIES MAILED AND FAXED.(jcz, ) (Entered: 04/20/2004)
04/20/200421 ORDER DENYING AS MOOT 17 MOTION FOR BILL OF PARTICULARS AS TO JOHN VITILLO (1), VITILLO CORPORATION (2), VITILLO ENGINEERING, INC. (3). Signed by Judge R. BARCLAY SURRICK on 4/20/04.4/20/04 ENTERED AND COPIES MAILED AND FAXED.(jcz, ) (Entered: 04/20/2004)
04/23/200422 TRIAL MEMORANDUM by USA as to JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC., Certificate of Service. (er, ) (Entered: 04/23/2004)
05/05/200423  MOTION FOR CONTINUANCE BY USA AS TO JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC., CERTIFICATE OF SERVICE.(er, ) (Entered: 05/06/2004)
05/06/200424 RESPONSE to Motion by VITILLO ENGINEERING, INC. as to JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. re 23 MOTION to Continue filed by VITILLO ENGINEERING, INC. (Attachments: # 1 Response to Motion for Continuance)(YATRON, PAUL) (Entered: 05/06/2004)
05/07/200425 ORDER TO CONTINUE - ENDS OF JUSTICE PURSUANT TO 18 U.S.C. SECTION 3161(h)(8)(A) AS TO JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. GRANTING GOVT. MOTION FOR CONTINUANCE, ENTIRE PERIOD OF CONTINUANCE IS EXCLUDED UNDER SPEEDY TRIAL ACT AS CASE IS UNUSUAL AND COMPLEX, ETC. TRIAL IS SET FOR 7/26/04, ETC. Signed by Judge R. BARCLAY SURRICK on 5/6/04.5/7/04 Entered and Copies Mailed and Faxed. (cmc) (Entered: 05/07/2004)
05/18/200426 SUPERSEDING INDICTMENT as to JOHN VITILLO (1) count(s) 1s, 2s-4s, VITILLO CORPORATION (2) count(s) 1s, 2s-4s, VITILLO ENGINEERING, INC. (3) count(s) 1s, 2s-4s. (jh, ) (Entered: 05/18/2004)
05/24/200427 ORDER DENYING AS MOOT 10 FIRST MOTION FOR DISCOVERY AS TO JOHN VITILLO (1).. Signed by Judge R. BARCLAY SURRICK on 5/24/04.5/25/04 ENTERED. 5/24/04 COPIES FAXED BY CHAMBERS.(jh, ) (Entered: 05/25/2004)
05/24/200428 ORDER GRANTING 6 MOTION TO ADMIT TAPE RECORDINGS AS TO JOHN VITILLO (1), VITILLO CORPORATION (2), VITILLO ENGINEERING, INC. (3).. Signed by Judge R. BARCLAY SURRICK on 5/24/04.5/25/04 ENTERED AND COPIES FAXED BY CHAMBERS.(jh, ) (Entered: 05/25/2004)
06/10/200429 NOTICE OF ATTORNEY APPEARANCE PAUL M. YATRON appearing for JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. (YATRON, PAUL) (Entered: 06/10/2004)
06/10/200430 ENTRY OF ATTORNEY APPEARANCE GERARD P. EGAN, ERIC L. YOUNG appearing for JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. (er, ) (Entered: 06/10/2004)
06/10/200431 Minute Entryfor proceedings held before Judge ARNOLD C. RAPOPORT Arraignment as to JOHN VITILLO (1) Count 1s,2s-4s and VITILLO CORPORATION (2) Count 1s,2s-4s and VITILLO ENGINEERING, INC. (3) Count 1s,2s-4s held on 6/10/04., Plea entered by JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. Not Guilty on counts ALL. 15 days to file motions.Court Reporter ESR.(er, ) (Entered: 06/10/2004)
06/25/200432 Second MOTION to Compel Discovery, First MOTION to Dismiss by JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC.. (Attachments: # 1 Exhibit A# 2 Exhibit B)(YATRON, PAUL) (Entered: 06/25/2004)
06/30/200433 Reply to Defendants' Motion to Compel Discover and for Dismissal by USA as to JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. filed by USA, Certificate of Service. (er, ) (Entered: 06/30/2004)
07/02/200434 NOTICE OF INTENT TO USE 404(B) MATERIAL by USA as to JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC., CERTIFICATE OF SERVICE. (er, ) (Entered: 07/06/2004)
07/13/200435 First MOTION to Continue Trial by JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC., CERT. OF SERVICE. (YATRON, PAUL) Modified on 7/14/2004 (cmc). (Entered: 07/13/2004)
07/13/200436 SECOND SUPERSEDING INDICTMENT as to JOHN VITILLO (1) count(s) 1ss, 2ss-4ss, VITILLO CORPORATION (2) count(s) 1ss, 2ss-4ss, VITILLO ENGINEERING, INC. (3) count(s) 1ss, 2ss-4ss. (jh, ) (Entered: 07/14/2004)
07/23/200437  MOTION TO SUPPRESS HIGHLY PREJUDICIAL EVIDENCE OF OTHER ALLEGED CRIMES JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC., CERT. OF SERVICE. (YOUNG, ERIC) Modified on 7/26/2004 (cmc). (Entered: 07/23/2004)
07/23/200438 ORDER TO CONTINUE PURSUANT TO 18 U.S.C. SECTION 3161(h)(8)(A) AS TO JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. . Signed by Judge R. BARCLAY SURRICK on 7/23/04.7/23/04 Entered and Copies Mailed and Faxed by Chambers. (jh, ) (Entered: 07/23/2004)
07/23/200439 ORDER AS TO JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. GRANTING MOTION OF ALL DEFTS. FOR A CONTINUANCE. TRIAL SCHEDULED FOR 7/26/04, IS CONTINUED. JURY TRIAL SET FOR 9/27/2004, 09:30 AM IN COURTROOM 8-A,BEFORE HONORABLE R. BARCLAY SURRICK. Signed by Judge R. BARCLAY SURRICK on 7/23/04.7/23/04 Entered and Copies Mailed and Faxed by Chambers. (jh, ) (Entered: 07/23/2004)
07/28/200440  ORDER AS TO JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. JURY TRIAL SET FOR 9/27/2004, 09:30 AM IN COURTROOM 8-A, BEFORE HONORABLE R. BARCLAY SURRICK. ALL PRETRIAL MOTIONS SHALL BE FILED BY 8/20/2004. RESPONSE TO PRETRIAL MOTIONS SHALL BE FILED BY 8/30/04. HEARING ON ALL PRETRIAL MOTIONS SHALL BE HELD 9/2/04, AT 2:00 P.M. IN COURTROOM 8-A.. Signed by Judge R. BARCLAY SURRICK on 7/28/04.7/29/04 Entered and Copies Faxed by Chambers. (jh, ) (Entered: 07/29/2004)
07/28/2004  Set/Reset Hearings as to JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. : MOTION HEARING SET FOR 9/2/2004, 02:00 PM IN COURTROOM 8-A, BEFORE HONORABLE R. BARCLAY SURRICK. (jh, ) (Entered: 07/29/2004)
07/30/200441 Praecipe to Withdraw Motion by JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. to Compel Discovery and for Dismissal, Cert. of Service. (YATRON, PAUL) Modified on 8/2/2004 (cmc). (Entered: 07/30/2004)
08/03/200442  MOTION IN LIMINE TO EXCLUDE DEFENSE EXPERT TESTIMONY by USA as to JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC., CERTIFICATE OF SERVICE. (er, ) (Entered: 08/04/2004)
08/09/200443 NOTICE OF ATTORNEY APPEARANCE PAUL M. YATRON appearing for JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. , Cert. of Service. (YATRON, PAUL) Modified on 8/10/2004 (cmc). (Entered: 08/09/2004)
08/10/200444 Minute Entryfor proceedings held before Judge ARNOLD C. RAPOPORT Arraignment as to JOHN VITILLO (1) Count 1ss,2ss-4ss and VITILLO CORPORATION (2) Count 1ss,2ss-4ss and VITILLO ENGINEERING, INC. (3) Count 1ss,2ss-4ss held on 8/10/04., Plea entered by JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. Not Guilty on counts 1,2,3 and 4. 15 days to file motions.Court Reporter ESR.(er, ) (Entered: 08/10/2004)
08/18/200445 Second MOTION for Bill of Particulars Pursuant to Fed.R.Crim.P. 7(f) by JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC.. (Attachments: # 1)(YATRON, PAUL) (Entered: 08/18/2004)
08/27/200446 RESPONSE to Motion by JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. re 42 MOTION in Limine filed by Government, Certificate of Service. (YATRON, PAUL) Modified on 8/30/2004 (rs, ). (Entered: 08/27/2004)
08/30/200447 RESPONSE to Motion by USA as to JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. re 45 MOTION for Bill of Particulars GOVERNMENT'S REPLY TO DEFENDANT'S MOTION TO SUPPRESS 404(B) MATERIAL & CERTIFICATE OF SERVICE filed by USA (GOLDMAN, ROBERT) (Entered: 08/30/2004)
08/30/200448 RESPONSE to Motion by USA as to JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. re 45 MOTION for Bill of Particulars GOVERNMENT'S RESPONSE TO DEFENDANT'S MOTION FOR A BILL OF PARTICULARS filed by USA (Attachments: # 1)(GOLDMAN, ROBERT) (Entered: 08/30/2004)
09/03/200449 Minute Entryfor proceedings held before Judge R. BARCLAY SURRICK Motion Hearing as to JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. held on 9/3/2004; Counsel to file supplemental memorandum C.A.V.(cmc) (Entered: 09/03/2004)
09/07/200450 TRANSCRIPT of PRETRIAL MOTIONS as to JOHN VITILLO held on 9/2/04 before Judge SURRICK. Court Reporter: ESR. (jcz, ) (Entered: 09/07/2004)
09/09/200451  Memorandum by USA as to JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. CERTIFICATE OF SERVICE (RICE, KATHLEEN) (Entered: 09/09/2004)
09/09/200452 Supplemental Memorandum in Opposition by JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. to Govt.'s 42 MOTION in Limine , Cert. of Service. (YATRON, PAUL) Modified on 9/10/2004 (cmc). (Entered: 09/09/2004)
09/17/200453 ORDER THAT THE GOVT. AND DEFT HAVE UNTIL 9/21/04, TO FILE ANY ADDITIONAL MEMORANDA RELATING TO GOVT'S MOTION IN LIMINE TO EXCLUDE DEFENSE EXPERT TESTIMONY(DOC. # 42). . Signed by Judge R. BARCLAY SURRICK on 9/17/04.9/17/04 Entered and Copies Faxed by Chambers. (jh, ) (Entered: 09/17/2004)
09/17/200454 ORDER DENYING 45 SECOND MOTION FOR BILL OF PARTICULARS AS TO JOHN VITILLO (1), VITILLO CORPORATION (2), VITILLO ENGINEERING, INC. (3). Signed by Judge R. BARCLAY SURRICK on 9/17/04.9/17/04 ENTERED AND COPIES FAXED BY CHAMBERS.(jh, ) (Entered: 09/17/2004)
09/17/200455 Supplemental Memorandum on the Defense of Legal Entitlement and Claim of Right by USA as to JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC., Certificate of Service. (er, ) (Entered: 09/20/2004)
09/21/200456 Memorandum in Opposition to Government's Motion in Limine re 42 MOTION in Limine as to JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. (Attachments: # 1 Exhibit # 2 Exhibit)(YOUNG, ERIC) (Entered: 09/21/2004)
09/24/200457 ORDER TO CONTINUE PURSUANT TO 18 U.S.C. SECTION 3161(h)(8)(A) AS TO JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. . Signed by Judge R. BARCLAY SURRICK on 9/24/04.9/27/04 Entered. 9/24/04 Copies Mailed and Faxed by Chambers. (jh, ) (Entered: 09/27/2004)
10/13/200458 ORDER FOR SPEEDY TRIAL DELAY AS TO JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC., THAT EXCLUDABLE TIME IN THE ABOVE CASE BE COMPUTED AND ENTERED IN THE RECORD FROM THE DATE OF FILING OF 42 THE GOVERNMEMT'S MOTION IN LIMINE (FILED 8/3/04) UNTIL SUCH TIME THAT A HEARING ON SAID MOTION IS CONCLUDED OR OTHER PROMPT DISPOSITION IS MADE . Signed by Judge R. BARCLAY SURRICK on 10/13/04.10/13/04 Entered and Copies Faxed BY CHAMBERS. (ke) (Entered: 10/13/2004)
10/25/200459 MEMORANDUM AND ORDER DENYING 37 MOTION TO SUPPRESS HIGHLY PREJUDICIAL EVIDENCE OF ALLEGED UNCHARGED CRIMES AS TO JOHN VITILLO (1), VITILLO CORPORATION (2), VITILLO ENGINEERING, INC. (3).. Signed by Judge R. BARCLAY SURRICK on 10/25/04.10/26/04 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(jh, ) (Entered: 10/26/2004)
11/02/200460 MEMORANDUM AND ORDER OF 11/2/04 AS TO JOHN VITILLO THAT UPON THE UNITED STATES' MOTION IN LIMINE TO EXCLUDE DEFENSE EXPERT TESTIMONY, ALL PAPERS SUBMITTED IN SUPPORT THEREOF, IN OPPOSITION THERETO, AND ORAL ARGUMENT IN COURT ON SEPTEMBER 2, 2004, IT IS ORDERED THAT THE GOVERNMENT'S MOTION IS GRANTED. DEFENDANTS MAY NOT USE ANY EXPERT TESTIMONY IN SUPPOTT OF A CLAIM OF RIGHT DEFENSE. SIGNED BY JUDGE R. BARCLAY SURRICK. 11/3/04 ENTERE AND COPIES FAXED BY CHAMBERS AND E-MAILED. (DT) (Entered: 11/03/2004)
11/05/200461 Proposed Jury Instructions by USA as to JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. CERTIFICATE OF SERVICE(RICE, KATHLEEN) (Entered: 11/05/2004)
11/05/200462 Proposed Voir Dire by USA as to JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. CERTIFICATE OF SERVICE(RICE, KATHLEEN) (Entered: 11/05/2004)
11/19/200463 SUPPLEMENTAL Jury Instructions as to JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC., CERTIFICATE OF SERVICE(er, ) (Entered: 11/19/2004)
11/29/200464 Minute Entryfor proceedings held before Judge R. BARCLAY SURRICK. Jury Trial (Day 1) Voir Dire begun on 11/8/2004. JOHN VITILLO (1) on Count 1ss,2ss-4ss and VITILLO CORPORATION (2) on Count 1ss,2ss-4ss and VITILLO ENGINEERING, INC. (3) on Count 1ss,2ss-4ss.Court Reporter esr.(jh, ) (Entered: 11/30/2004)
11/29/200465 Minute Entryfor proceedings held before Judge R. BARCLAY SURRICK Jury Trial( Day 2 ) as to JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. held on 11/9/2004. Witnesses sworn.Court Reporter esr.(jh, ) (Entered: 11/30/2004)
11/29/200466 Minute Entryfor proceedings held before Judge R. BARCLAY SURRICK Jury Trial (Day 3) as to JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. held on 11/10/2004. Witnesses sworn.Court Reporter esr.(jh, ) (Entered: 11/30/2004)
11/29/200467 Minute Entryfor proceedings held before Judge R. BARCLAY SURRICK Jury Trial (Day 4) as to JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. held on 11/11/2004. Witnesses sworn.Court Reporter esr.(jh, ) (Entered: 11/30/2004)
11/29/200468 Minute Entryfor proceedings held before Judge R. BARCLAY SURRICK Jury Trial (Day 5) as to JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. held on 11/12/2004. Witnesses sworn. Court Reporter esr.(jh, ) (Entered: 11/30/2004)
11/29/200469 Minute Entryfor proceedings held before Judge R. BARCLAY SURRICK Jury Trial (Day 6) as to JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. held on 11/15/2004. Witnesses sworn. Defts' Rule 29 Motion - Denied.Court Reporter esr.(jh, ) (Entered: 11/30/2004)
11/29/200470 Minute Entryfor proceedings held before Judge R. BARCLAY SURRICK Jury Trial (Day 7 ) as to JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. held on 11/16/2004. Witnesses sworn.Court Reporter esr.(jh, ) (Entered: 11/30/2004)
11/29/200471 Minute Entryfor proceedings held before Judge R. BARCLAY SURRICK Jury Trial (Day 8) as to JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. held on 11/17/2004. Witnesses sworn.Court Reporter esr.(jh, ) (Entered: 11/30/2004)
11/29/200472 Minute Entryfor proceedings held before Judge R. BARCLAY SURRICK Jury Trial (Day 9) as to JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. held on 11/18/2004. Witnesses sworn.Court Reporter esr.(jh, ) (Entered: 11/30/2004)
11/29/200473 JURY TRIAL ( Day 10) held 11/19/04. Judge charges the Jury. JURY VERDICT as to JOHN VITILLO (1) Guilty on Count 1ss,2ss-4ss and VITILLO CORPORATION (2) Guilty on Count 1ss,2ss-4ss and VITILLO ENGINEERING, INC. (3) Guilty on Count 1ss,2ss-4ss. In accordance with answers submitted on Verdict Sheet. Jury Dismissed. (jh, ) Modified on 11/30/2004 (jh, ). (Entered: 11/30/2004)
11/29/200474 Jury Verdict Sheet as to JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC..(jh, ) (Entered: 11/30/2004)
11/29/200475 Special Interrogatories to Deft. JOHN VITILLO. (jh, ) (Entered: 11/30/2004)
11/29/200476 Special Interrogatories to Deft. VITILLO CORPORATION. (jh, ) (Entered: 11/30/2004)
11/29/200477 Special Interrogatories to Deft. VITILLO ENGINEERING, INC. (jh, ) (Entered: 11/30/2004)
12/01/200478 WAIVER of Presence of Court Stenographer or Electronic Sound Recording Operator and Defendant(s) at Drawing of Jury Panel Members in Criminal Trials as to JOHN VITILLO. (ke) (Entered: 12/01/2004)
12/01/200479 First MOTION for New Trial Pursuant to Fed.R.Crim.P. 33(a) by JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC., Cert. of Service. (YATRON, PAUL) Modified on 12/2/2004 (cmc). (Entered: 12/01/2004)
01/06/200580 ORDER THAT THE CLERK OF COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA BE AND HE IS HEREBY DIRECTED TO REIMBURSE JUDGE SURRICK FOR THE EXPENSE OF $18.50 IN FURNISHING LUNCH FOR 2 ALTERNATE JURORS IN THE ABOVER ENTITLED CASE . Signed by Judge R. BARCLAY SURRICK on 1/6/05.1/6/05 Entered. (cmc) (Entered: 01/06/2005)
01/06/200581 ORDER THAT THE CLERK OF COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA BE AND HE IS HEREBY DIRECTED TO FURNISH LUNCH FOR 12 JURORS ENGAGED IN THE ABOVER ENTITLED CASE . Signed by Judge R. BARCLAY SURRICK on 1/6/05.1/6/05 Entered. (cmc) (Entered: 01/06/2005)
01/10/200582 RESPONSE in Opposition to Defendants' Post-Trial Motionsfiled by USA, Certificate of Service. (er, ) (Entered: 01/10/2005)
04/29/200583 MEMORANDUM AND ORDER DENYING 79 MOTION FOR NEW TRIAL AS TO JOHN VITILLO (1), VITILLO CORPORATION (2), VITILLO ENGINEERING, INC. (3).. Signed by Judge R. BARCLAY SURRICK on 4/29/05.4/29/05 ENTERED AND COPIES E-MAILED AND FAXED.(jh, ) (Entered: 04/29/2005)
05/23/200584 TRANSCRIPT of Proceedings(Jury Trial) as to JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. held on 11/10/04, before Judge SURRICK. Court Reporter: ESR. (jh, ) (Entered: 05/24/2005)
05/23/200585 TRANSCRIPT of Proceedings (Jury Trial) as to JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. held on 11/11/04, before Judge SURRICK. Court Reporter: ESR. (jh, ) (Entered: 05/24/2005)
05/23/200586 TRANSCRIPT of Proceedings (Jury Trial) as to JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. held on 11/12/04, before Judge SURRICK. Court Reporter: ESR. (jh, ) (Entered: 05/24/2005)
05/23/200587 TRANSCRIPT of Proceedings (Jury Trial) as to JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. held on 11/15/04, before Judge SURRICK. Court Reporter: ESR. (jh, ) (Entered: 05/24/2005)
05/23/200588 TRANSCRIPT of Proceedings (Jury Trial) as to JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. held on 11/16/04, before Judge SURRICK. Court Reporter: ESR. (jh, ) Modified on 5/24/2005 (jh, ). (Entered: 05/24/2005)
05/23/200589 TRANSCRIPT of Proceedings (Jury Trial) as to JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. held on 11/17/04, before Judge SURRICK. Court Reporter: ESR. (jh, ) (Entered: 05/24/2005)
05/23/200590 TRANSCRIPT of Proceedings (Jury Trial) as to JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. held on 11/18/04, before Judge SURRICK. Court Reporter: ESR. (jh, ) (Entered: 05/24/2005)
05/23/200591 TRANSCRIPT of Proceedings (Jury Trial) as to JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. held on 11/19/04, before Judge SURRI CK. Court Reporter: ESR. (jh, ) (Entered: 05/24/2005)
05/24/200592 TRANSCRIPT of Proceedings (Jury Trial) as to JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. held on 11/9/04, before Judge SURRICK. Court Reporter: ESR. (jh, ) (Entered: 05/25/2005)
06/01/200593 NOTICE OF ATTORNEY APPEARANCE REBECCA Y. STARR appearing for JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. Notice of Appearance Henry E. Hockeimer, Jr. appearing for John Vitillo, Vitillo Corporation, Vitillo Engineering, Inc. (STARR, REBECCA) (Entered: 06/01/2005)
06/01/200594 NOTICE OF ATTORNEY APPEARANCE REBECCA Y. STARR appearing for JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. (STARR, REBECCA) (Entered: 06/01/2005)
06/01/200595  MOTION to Dismiss with Memorandum of Law, Certificate of Service, Exhibits A and B by JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC.. (STARR, REBECCA) (Entered: 06/01/2005)
06/07/200596  MOTION to Stay of Pre-Sentence Investigation, Memorandum of Law in Support of Motion for Stay of Pre-Sentence Investigation, Proposed Order, Certificate of Service by JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC.. (HOCKEIMER, HENRY) (Entered: 06/07/2005)
06/10/200597 REPLY to Defendant's Motion to Dismiss Indictment by USA as to JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC., Memorandum, Certificate of Service. (er, ) (Entered: 06/13/2005)
06/13/200598 REPLY TO RESPONSE to Motion by JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. re 95 MOTION to Dismiss with Memorandum of Law, Certificate of Service, Exhibits A and B Defendants' Reply Brief to Government's Reply to Defendants' Motion to Dismiss Indictment (STARR, REBECCA) (Entered: 06/13/2005)
06/23/200599  MOTION to Continue Sentencing, Proposed Order, Certificate of Service by JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC.. (STARR, REBECCA) (Entered: 06/23/2005)
07/19/2005100 MEMORANDUM & ORDER THAT DEFTS' JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. MOTION TO DISMISS INDICTMENT FOR LACK OF JURISDICTION AND FOR JUDGMENT NOTWITHSTANDING THE JURY'S VERDICT IS DENIED.. Signed by Judge R. BARCLAY SURRICK on 7/19/05.7/20/05 Entered and Copies E-Mailed. (rs, ) (Entered: 07/20/2005)
07/26/2005101 ORDER AS TO JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC., THAT 99 MOTION TO CONTINUE SENTENCING IS GRANTED AND THE SENTENCING IS CONTINUED UNTIL 9/12/2005 AT 09:15 AM BEFORE THE HONORABLE R. BARCLAY SURRICK. Signed by Judge R. BARCLAY SURRICK on 7/26/05.7/26/05 Entered and Copies Faxed BY CHAMBERS. (ke) (Entered: 07/26/2005)
09/02/2005102  MOTION to Depart for downward departure from advisory guidline range and motion for alternative sentencing by JOHN VITILLO, Cert. of Service. (STARR, REBECCA) Modified on 9/6/2005 (cmc). (Entered: 09/02/2005)
09/02/2005103  SENTENCING MEMORANDUM, CERT. OF SERVICE BY USA as to JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. (jh, ) (Entered: 09/06/2005)
09/16/2005104 Letters on behalf of Deft. JOHN VITILLO. (jh, ) (Entered: 09/19/2005)
09/16/2005105 Minute Entryfor proceedings held before Judge R. BARCLAY SURRICK Sentencing held on 9/12/05, for JOHN VITILLO (1), Count(s) 1ss, 2ss-4ss, IMPRISONMENT 36 MONTHS; SUPERVISED RELEASE 2 YEARS; RESTITUTION IN THE SUM OF $317,760.00; SPECIAL ASSESSMENT $400.00.Court Reporter esr.(jh, ) (Entered: 09/19/2005)
09/16/2005106 JUDGMENT AS TO JOHN VITILLO (1), Count(s) 1ss, 2ss-4ss, IMPRISONMENT 36 MONTHS; SUPERVISED RELEASE 2 YEARS; RESTITUTION IN THE SUM OF $317,760.00; SPECIAL ASSESSMENT $400.00. . Signed by Judge R. BARCLAY SURRICK on 9/16/05.9/19/05 Entered. (jh, ) (Entered: 09/19/2005)
09/16/2005107 Minute Entryfor proceedings held before Judge R. BARCLAY SURRICK Sentencing held on 9/12/05, for VITILLO CORPORATION (2), Count(s) 1ss, 2ss-4ss, PROBATION 5 YEARS; RESTITUTION IN THE SUM OF $317,760.00; SPECIAL ASSESSMENT $1,600.00.Court Reporter ESR.(jh, ) (Entered: 09/19/2005)
09/16/2005108 JUDGMENT AS TO VITILLO CORPORATION (2), Count(s) 1ss, 2ss-4ss, PROBATION 5 YEARS; RESTITUTION IN THE SUM OF $317,760.00; SPECIAL ASSESSMENT $1,600.00. . Signed by Judge R. BARCLAY SURRICK on 9/16/05.9/19/05 Entered. (jh, ) (Entered: 09/19/2005)
09/16/2005109 Minute Entryfor proceedings held before Judge R. BARCLAY SURRICK Sentencing held on 9/12/05, for VITILLO ENGINEERING, INC. (3), Count(s) 1s, 2ss-4ss, PROBATION 5 YEARS; RESTITUTION IN THE SUM OF $317,760.00; SPECIAL ASSESSMENT $1,600.00.Court Reporter ESR.(jh, ) (Entered: 09/19/2005)
09/16/2005110 JUDGMENT AS TO VITILLO ENGINEERING, INC. (3), Count(s) 1s, 2ss-4ss, PROBATION 5 YEARS; RESTITUTION IN THE SUM OF $317,760.00; SPECIAL ASSESSMENT $1,600.00. . Signed by Judge R. BARCLAY SURRICK on 9/16/05.9/19/05 Entered. (jh, ) (Entered: 09/19/2005)
09/20/2005111 NOTICE OF APPEAL by JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC., er: Judgments, Cert. of Service. (STARR, REBECCA) Modified on 9/21/2005 (cmc). (Entered: 09/20/2005)
09/20/2005112 Clerk's Notice to USCA re: 111 Notice of Appeal - Final Judgment. (jh, ) (Entered: 09/21/2005)
09/20/2005113 Clerk's Notice to USCA re: 111 Notice of Appeal - Final Judgment. (jh, ) (Entered: 09/21/2005)
09/20/2005114 Clerk's Notice to USCA re: 111 Notice of Appeal - Final Judgment. (jh, ) (Entered: 09/21/2005)
09/21/2005115  MOTION to Stay Sentence Pending Appeal; Memorandum of Law; Proposed Order and Certificate of Service by JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC.. (STARR, REBECCA) (Entered: 09/21/2005)
09/22/2005116 Reply to Defendant's Motion for Stay of Sentence Pending Appeal by USA as to JOHN VITILLO, Certificate of Service. (Attachments: # 1 Motion for Stay 2)(er, ) (Entered: 09/22/2005)
09/23/2005117 TRANSCRIPT of Proceedings(Hearing) as to JOHN VITILLO held on 9/12/05, before Judge SURRICK. Court Reporter: ESR. (jh, ) (Entered: 09/23/2005)
09/23/2005118 NOTICE of Docketing Record on Appeal from USCA as to VITILLO CORPORATION. Re: 111 Notice of Appeal - Final Judgment filed by VITILLO CORPORATION. USCA Case Number 05-4331. (jcz, ) (Entered: 09/23/2005)
09/23/2005119 NOTICE of Docketing Record on Appeal from USCA as to VITILLO ENGINEERING, INC. Re: 111 Notice of Appeal - Final Judgment filed by VITILLO ENGINEERING, INC.,. USCA Case Number 05-4332. (jcz, ) (Entered: 09/23/2005)
09/23/2005120 NOTICE of Docketing Record on Appeal from USCA as to JOHN VITILLO Re: 111 Notice of Appeal - Final Judgment filed by JOHN VITILLO. USCA Case Number 05-4330. (jcz, ) (Entered: 09/23/2005)
09/27/2005121 REPLY TO RESPONSE to Motion by JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. re 115 MOTION to Stay Sentence Pending Appeal, Cert. of Service. (STARR, REBECCA) Modified on 9/28/2005 (cmc). (Entered: 09/27/2005)
09/28/2005  USCA Appeal Fees received $ 255, as to VITILLO CORPORATION, VITILLO ENGINEERING, INC. re: 111 Notice of Appeal - Final Judgment. (jh, ) (Entered: 09/29/2005)
09/30/2005122 Copy of TPO Form re : 111 Notice of Appeal - Final Judgment. (jh, ) (Entered: 10/03/2005)
09/30/2005123 Copy of TPO Form re: 111 Notice of Appeal - Final Judgment. (jh, ) (Entered: 10/03/2005)
09/30/2005124 Copy of TPO Form re: 111 Notice of Appeal - Final Judgment. (jh, ) (Entered: 10/03/2005)
10/04/2005  RECORD COMPLETE FOR PURPOSES OF APPEAL as to JOHN VITILLO (mjo, ) (Entered: 10/04/2005)
10/04/2005  RECORD COMPLETE FOR PURPOSES OF APPEAL as to VITILLO CORPORATION (mjo, ) (Entered: 10/04/2005)
10/04/2005  RECORD COMPLETE FOR PURPOSES OF APPEAL as to VITILLO ENGINEERING, INC. (mjo, ) (Entered: 10/04/2005)
10/04/2005125 MEMORANDUM AND ORDER DENYING 115 MOTION TO STAY SENTENCE PENDING APPEAL AS TO JOHN VITILLO (1), VITILLO CORPORATION (2), VITILLO ENGINEERING, INC. (3).. Signed by Judge R. BARCLAY SURRICK on 10/4/05.10/5/05 ENTERED AND COPIES MAILED, E-MAILED.(jh, ) (Entered: 10/05/2005)
10/14/2005126 ORDER AS TO JOHN VITILLO THAT PAGE 6 OF THIS COURT'S JUDGMENT AND COMMITMENT ORDER DATED 9/16/05 UNDER THE SECTION "JOINT AND SEVERAL" AS TO DEFT. VITILLO ENGINEERING, INC. (03-555-3) IS AMENDED TO READ $317,760.00 NOT $327,760.00. Signed by Judge R. BARCLAY SURRICK on 10/14/05.10/14/05 Entered and Copies E-Mailed. (ke) (Entered: 10/14/2005)
11/03/2005127 NOTICE OF CHANGE OF ATTORNEY'S FIRM AFFILIATION FOR HENRY E. HOCKEIMER, JR. COUNSEL FOR DEFTS. JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. (jh, ) (Entered: 11/04/2005)
12/08/2005128 Certified Copy of Order received from U.S. Court of Appeals that the CJA Form 23 Financial Affidavit treated as a Motion for Appointment of Counsel under the provisions of the CJA Act is Granted. Counsel will be appointed under the CJA Act. (jh, ) (Entered: 12/08/2005)
12/14/2005  USCA Appeal Fees received $ 255, receipt number 400 924080 as to VITILLO ENGINEERING, INC. re 111 Notice of Appeal - Final Judgment. (jh, ) (Entered: 12/14/2005)
07/18/2007129 Certified Copy of Judgment received from U.S. Court of Appeals that the Judgment of the District Court entered 9/20/05, is Affirmed. (jh, ) (Entered: 07/19/2007)
07/24/2007130 Certified Copy of Order received from U.S. Court of Appeals that the Certified Judgment issued in lieu of formal mandate on 7/18/07, is Recalled. (jh, ) (Entered: 07/25/2007)
07/24/2007  Document # 129 returned to U.S. Court of Appeal pursuant to Document # 130.(jh, ) (Entered: 07/25/2007)
08/29/2007131 JUDGMENT of USCA (certified copy) as to JOHN VITILLO re 111 Notice of Appeal - Final Judgment, that the Judgment of the District Court entered 9/20/05, be and the same is hereby affirmed. (jcz, ) (Entered: 08/30/2007)
09/28/2009132  MOTION for Return of Passport by JOHN VITILLO (only) as to JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC. (SHELLHAMMER, AMY) Modified on 9/29/2009 (cmc). (ATTY LINKED ALL DEFTS) (Entered: 09/28/2009)
10/05/2009133 ORDER GRANTING 132 MOTION FOR RETURN OF PASSPORT AS TO JOHN VITILLO (1). THE CLERK OF COURT FOR THE E.D. OF PA IS DIRECTED TO RETURN DEFT'S PASSPORT.. Signed by HONORABLE R. BARCLAY SURRICK on 10/5/09.10/5/09 ENTERED AND COPIES E-MAILED AND FAXED BY CHAMBERS.(jh, ) (Entered: 10/05/2009)
03/18/2010134  MOTION for entry of Writ of Garnishment by USA as to JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC.. (MINNI, JOSEPH) (Main Document 134 replaced on 3/19/2010) (cmc, ). (Entered: 03/18/2010)
03/19/2010135 ORDER GRANTING 134 MOTION WRIT OF GARNISHMENT AS TO JOHN VITILLO (1), VITILLO CORPORATION (2), VITILLO ENGINEERING, INC. (3). THE CLERK SHALL ISSUE WRIT OF GARNISHMENT DIRECTED TO GARNISHEE MERRRIL LYNCH & CO, INC.. IT IS FURTHER ORDERED THAT CLERK OF COURT SHALL PROVIDE COUNSEL FOR THE GOVT. WITH 3 CERTIFIED COPIES OF THE WRIT OF GARNISHMENT AND CERTIFIED COPIES OF ALL OTHER NOTIES REQUIRED TO BE SERVED ALONG WITH THE WRIT.. Signed by HONORABLE R. BARCLAY SURRICK on 3/19/10.3/22/10 ENTERED AND COPIES E-MAILED AND FAXED BY CHAMBERS.(jh, ) (Entered: 03/22/2010)
03/19/2010  Writ of Garnishment as to Garnishee, Merrill Lynch & Co., Inc. Exit. (jh, ) (Entered: 03/22/2010)
04/08/2010136 Answer of Garnishee MERRILL, LYNCH, PIERCE, FENNER & SMITH, INC. (jh, ) (Entered: 04/08/2010)
04/27/2010137  MOTION for Order FOR GARNISHEE ORDER & CERTIFICATE OF SERVICE by USA as to JOHN VITILLO, VITILLO CORPORATION, VITILLO ENGINEERING, INC.. (MINNI, JOSEPH) (Entered: 04/27/2010)
05/21/2010138 REPORT AND ORDER OF PROBATION OFFICER AS TO JOHN VITILLO THAT THE TERM OF SUPERVISED RELEASE BE PERMITTED TO EXPIRE AS SCHEDULED ON 5/20/10, WITH AN OUTSTANDING RESTITUTION BALANCE. Signed by HONORABLE R. BARCLAY SURRICK on 5/20/10. 5/21/10 Entered. (jh, ) (Entered: 05/21/2010)
05/27/2010139 ORDER as to JOHN VITILLO (1) THAT THE GARNISHEE, MERRILL LYCNH & CO., INC. SHALL IMMEDIATELY PAY TO THE U.S. ALL FUNDS DUE AN DOWING TO THE DEFT JOHN VITILLO, UNTIL DEBT IMPOSED IN THIS CASE I SPAID IN FULL, ETC. Signed by HONORABLE R. BARCLAY SURRICK on 5/27/10. 5/28/10 ENTERED AND COPIES MAILED, E-MAILED AND FAXED. (cmc) (Entered: 05/28/2010)