U.S. District Court
District of Rhode Island (Providence)
CRIMINAL DOCKET FOR CASE #: 1:07-cr-00139-ML -DLM-1


Case title: USA v. White Broadman, Inc. et al

Date Filed: 10/25/2007
Date Terminated: 02/29/2008

Assigned to: Chief Judge Mary M Lisi
Referred to: Magistrate Judge David L. Martin

Defendant (1)
White Broadman, Inc
TERMINATED: 02/29/2008
represented byAnthony M. Traini
56 Pine Street
Suite 200
Providence, RI 02903
621-4700
Fax: 621-5888
Email: amt@atrainilaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Kevin J. Napper
Carlton Fields, P.A.
P. O. Box 3239
Tampa, FL 33601
813-223-7000
Fax: 813-229-4133
Email: knapper@carltonfields.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
INTRODUCTION OF A NEW DRUG INTO INTERSTATE COMMERCE WITHOUT APPROVAL FROM THE SECRETARY OF HEALTH in Violation of 21 USC 331(d)355(a) and 333(a)(2)
(1)
2 years' probation, with special conditions. $400.00 special assessment. A $794,334.35 fine is imposed (interest waived).

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byTerrence P. Donnelly
U.S. Attorney's Office
Fleet Center
50 Kennedy Plaza
8th Floor
Providence, RI 02903
709-5000
Fax: 709-5001
Email: terrence.donnelly@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
10/25/2007INFORMATION as to White Broadman, Inc. (1) count(s) 1, James Mienik (2) count(s) 2, Paul Romano (3) count(s) 2. Arraignment set for 11/5/2007 02:00 PM in Courtroom B before Magistrate Judge David L. Martin. (Attachments: # 1 Cover Sheet #1# 2 Cover Sheet #2# 3 Cover Sheet # 3) (Saucier, Martha) (Entered: 10/26/2007)
10/25/2007PLEA AGREEMENT as to White Broadman, Inc. (Saucier, Martha) Modified on 10/26/2007 (Saucier, Martha) (Entered: 10/26/2007)
10/26/2007  NOTICE OF HEARING DEFENDANT REQUEST as to White Broadman, Inc., James Mienik, Paul Romano Arraignment set for 11/15/2007 11:30 AM in Courtroom B before Magistrate Judge David L. Martin.(Saucier, Martha) (Entered: 10/26/2007)
10/31/2007 MOTION to Amend/Correct Pro Hac Vice Admission by White Broadman, Inc., James Mienik. (Traini, Anthony) (Entered: 10/31/2007)
10/31/2007  NOTICE OF HEARING DEFENDANT REQUEST as to White Broadman, Inc., James Mienik, Paul Romano: Change of Plea Hearing set for Thursday, 11/15/2007 at 02:00 PM in Courtroom 1 before Chief Judge Mary M Lisi.(Barletta, Barbara) (Entered: 10/31/2007)
11/01/2007  TEXT ORDER granting 5 Motion to Amend Pro Hac Vice Admission of KEVIN J. NAPPER as to White Broadman, Inc. (1), James Mienik (2). So Ordered by Chief Judge Mary M. Lisi on 11/1/2007.(Duhamel, John) (Entered: 11/01/2007)
11/01/2007  Attorney update in case as to White Broadman, Inc., James Mienik. Attorney Kevin J. Napper (PHV) for White Broadman, Inc. and James Mienik added. (Duhamel, John) (Entered: 11/01/2007)
11/15/2007NOTICE OF ATTORNEY APPEARANCE: Anthony M. Traini appearing for White Broadman, Inc, James Mienik (Saucier, Martha) (Entered: 11/15/2007)
11/15/2007  Minute Entry for proceedings held before Judge David L. Martin : Arraignment as to White Broadman, Inc (1) Count 1 and James Mienik (2) Count 2 and Paul Romano (3) Count 2 held on 11/15/2007, Bond Hearing as to White Broadman, Inc, James Mienik, Paul Romano held on 11/15/2007. Terrence Donnelly for the government; Anthony Traini and Kevin Napper for defendants White Broadman Inc. and James Mienik; Attorney John MacFayden and James Felman for defendant Paul Romano. Court informs defendants of pending charges; Court questions defendant Mienik on behalf of White Broadman Inc.; Court informs defendant of its rights; Defendant Mienik waives indictment on behalf of the Corporation; Court enters a plea of not guilty on behalf of all defendants; COurt orders defendant Mienik and Romano released on $10,000.00 unsecured bond with additional conditions. (Courtroom B at 11:42.) (Saucier, Martha) (Entered: 11/15/2007)
11/15/2007WAIVER OF INDICTMENT by White Broadman, Inc; accepted by Magistrate Judge David Martin. (Saucier, Martha) (Entered: 11/15/2007)
11/15/2007  Minute Entry for proceedings held before Chief Judge Mary M. Lisi :Change of Plea Hearing as to White Broadman, Inc; James Mienik; Paul Romano held on 11/15/2007. Plea entered by White Broadman, Inc. (1): Guilty, Count 1; and James Mienik (2): Guilty, Count 2; and Paul Romano (3): Guilty, Count 2. Counsel present: AUSA Terrence Donnelly (govt); Anthony Traini & Kevin Napper (for defts White Broadman, Inc. & James Mienik); John MacFadyen III & James Felman (for deft Paul Romano) -- Messrs. Romano & Mienik are sworn and questioned by the Court. Court reviews the terms & conditions of the Plea Agreement. Defts are advised of their rights. AUSA Donnelly summarizes the evidence (as to all three defts) had this case proceeded to trial. Defts Romano & Mienik plead guilty to Count II of the Information. Court questions Mr. Traini, authorized to enter a guilty plea on behalf of corporate deft White Broadman; corporate entity pleads guilty as to Count I of the Information. Court accepts the guilty plea as to all three defts. Sentencing in this matter is set for Friday, February 29, 2008, at 9:30AM. Messrs. Romano & Mienik remain on bond under terms & conditions previously set. (Court Reporter Karen Wischnowsky in Courtroom 1 at 2:10.) (Duhamel, John) (Entered: 11/15/2007)
11/16/200714 NOTICE of Corporate Documents by White Broadman, Inc (Attachments: # 1 # 2 # 3 # 4)(Traini, Anthony) (Entered: 11/16/2007)
11/16/200715 Summons Returned Executed on 11/15/2007 as to White Broadman, Inc; James Mienik. (re: Information) (Duhamel, John) (Entered: 11/16/2007)
02/28/200819 SENTENCING MEMORANDUM by USA as to White Broadman, Inc (Donnelly, Terrence) (Entered: 02/28/2008)
02/29/2008  Minute Entry for proceedings held before Chief Judge Mary M. Lisi :Sentencing held on 2/29/2008 for White Broadman, Inc (1), Count 1. AUSA Terrence P. Donnely (Govt); Anthony M. Traini, Esq. & Kevin J. Napper, Esq. (for Deft); Dennis Jenkins (U.S. Probation) -- Counsel make their sentencing recommendations. Court imposes sentence as follows: 2 years' probation, with special conditions (White Broadman, Inc. shall not seek to manufacture, market, or sell any item related to the condition commonly known as erectile dysfunction, and said corporation shall pay a fine in the amount of $794,334.35 (interest waived), directed to the United States Postal Services Consumer Fraud Awareness Fund. $400.00 special assessment. Court notes that this Defendant has waived its right of appeal pursuant to the Plea Agreement.(NOTE: Court enters Stipulation for Dismissal of Claims as to related civil case CA 04-364ML.) (Court Reporter Karen Wischnowsky in Courtroom 1 at 9:35.) (Duhamel, John) (Entered: 02/29/2008)
02/29/200820 JUDGMENT as to White Broadman, Inc (1); Count 1: 2 years' probation, with special conditions. $400.00 special assessment. A $794,334.35 fine is imposed (interest waived).Signed by Chief Judge Mary M. Lisi on 2/29/2008. (Duhamel, John) (Entered: 02/29/2008)
03/06/200823 SATISFACTION OF JUDGMENT by USA (Shah, Milind) (Entered: 03/06/2008)
04/08/200824  MOTION to Alter Judgment By Termination of Probation by White Broadman, Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Traini, Anthony) (Entered: 04/08/2008)
04/09/2008  TEXT ORDER granting 24 Motion to Alter Judgment as to White Broadman, Inc (1)- So Ordered by Chief Judge Mary M Lisi on 4/9/08.(Barletta, Barbara) (Entered: 04/09/2008)
04/10/200825 ORDER: TERMINATING THE 2-YEAR PERIOD OF PROBATION AS IMPOSED BY THE COURT ON FEBRUARY 29, 2008 as to White Broadman, Inc., re 20 Judgment as to White Broadman, Inc., re 24 MOTION to Alter Judgment filed by White Broadman, Inc. So Ordered by Chief Judge Mary M. Lisi on 4/10/2008. (Duhamel, John) (Entered: 04/10/2008)