CLOSED

U.S. District Court
Southern District of New York (Foley Square)
CRIMINAL DOCKET FOR CASE #: 1:03-cr-01427-LTS-2


Case title: USA v. Botchman et al

Date Filed: 12/03/2003
Date Terminated: 08/13/2004

Assigned to: Judge Laura Taylor Swain

Defendant (2)
White Plains Coat & Apron Co., Inc.
TERMINATED: 08/17/2004
represented byLee H. Rubin
Mayer Brown, LLP(CA)
Two Palo Alto Square
3000 El Camino Real
Suite 300
Palo Alto, CA 94306-2122
(650)-331-2037
Fax: (650)-331-2060
Email: lrubin@mayerbrownrowe.com
LEAD ATTORNEY
Designation: Retained

Nick Sondhi Williams
Barroway Topaz Kessler Meltzer & Check, LLP (PA)
280 King of Prussia Road
Radnor, PA 19087
(610) 667-7706
Fax: (610) 667-7056
Email: nwilliams@disantolaw.com
LEAD ATTORNEY
Designation: Retained

Pending Counts

Disposition
ANTITRUST VIOLATIONS (CUSTOMER ALLOCATION)
(1)
Probation: 5 Years. Fine: $3,500,000.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byJohn W. McReynolds
U.S. Department of Justice,Antitrust Div.,
26 Federal Plaza
New York, NY 10278
(212) 264-0395
LEAD ATTORNEY

Date Filed #Docket Text
11/25/2003NOTICE OF INTENT TO FILE an Information by U.S.A. as to Bruce Botchman, White Plains Coat & Apron Co., Inc.. (jm, ) (Entered: 12/05/2003)
12/03/2003INFORMATION (Felony) filed as to Bruce Botchman (1) count(s) 1, White Plains Coat & Apron Co., Inc. (2) count(s) 1. [ microfilm 12/8/03 12pm ] (jm, ) Modified on 12/9/2003 (bw, ). (Entered: 12/05/2003)
12/03/2003  Minute Entry for proceedings held before Judge Laura Taylor Swain :Initial Appearance as to Bruce Botchman, White Plains Coat & Apron Co., Inc. held on 12/3/2003. (Court Reporter Steve Greenblum) (jm, ) (Entered: 12/05/2003)
12/03/2003  WAIVER OF INDICTMENT by White Plains Coat & Apron Co., Inc.. PLEASE NOTE: NO PHYSICAL WAIVER OF INDICTMENT FOR THIS CORPORATION. COURTROOM DEPUTY DUROCHER STATED AT THE TIME CHARGING DOCUMENTS WERE FILED WITH CRIMINAL CLERK THAT USDJ SWAIN OPINED A CORPORATION IS NOT ENTITLED TO WAIVER. THIS ENTRY MADE TO SATISFY JS REQUIREMENTS. (jm, ) (Entered: 12/05/2003)
12/03/2003PLEA AGREEMENT as to Bruce Botchman, White Plains Coat & Apron Co., Inc.. (jm, ) (Entered: 12/05/2003)
12/03/2003  Minute Entry for proceedings held before Judge Laura Taylor Swain : Arraignment as to Bruce Botchman (1) Count 1, and White Plains Coat & Apron Co., Inc. (2) Count 1 held on 12/3/2003. Defts Bruce Botchman (1) and White Plains Coat & Apron Co. Inc. (2) present with counsel, Lee H. Rubin and Nick S. Williams; for Govt, John McReynolds, Kevin Hart and Jeffrey D. Martino, U.S. DOJ Antitrust Division and Court Reporter Steve Greenblum present. Lee H. Rubin admitted pro hac vice, paper work to be filed. Deft (1) Botchman waived indictment; waived reading of the information and pleaded GUILTY as charged. PSI not ordered. Sentencing scheduled for 6/11/04 at 2:00 PM. Deft (2) White Plains Coat & Apron Co., Inc. waived reading of information and pleaded GUILTY as charged. PSI ordered. Sentencing scheduled for 4/23/04 at 3:00 p.m. Deft (1) Botchman released on own recognizance. Travel restricted to continental United States. Any foreign travel to be approved by USPO. (bw, ) (Entered: 12/09/2003)
12/03/2003  Minute Entry for proceedings held before Judge Laura Taylor Swain. Plea entered by Bruce Botchman (1): Guilty as to Count 1; and White Plains Coat & Apron Co., Inc. (2): Guilty as to Count 1. (bw, ) (Entered: 12/09/2003)
12/03/2003  ORDER FOR PRE-SENTENCE INVESTIGATION REPORT as to White Plains Coat & Apron Co., Inc. (bw, ) (Entered: 12/09/2003)
12/03/2003  ORAL ORDER as to White Plains Coat & Apron Co., Inc. Sentencing set for 4/23/2004 03:00 PM before Judge Laura Taylor Swain.(bw, ) (Entered: 12/09/2003)
12/03/2003  Attorney update in case as to Bruce Botchman, White Plains Coat & Apron Co., Inc.. Attorney Lee H. Rubin for Bruce Botchman and White Plains Coat & Apron Co., Inc., Nick S. Williams for Bruce Botchman and White Plains Coat & Apron Co., Inc. added. (st, ) (Entered: 09/15/2004)
02/11/2004TRANSCRIPT of Proceedings as to Bruce Botchman, White Plains Coat & Apron Co., Inc. held on 12/3/03 before Judge Laura Taylor Swain. (rg, ) (Entered: 02/11/2004)
04/07/2004ENDORSED LETTER as to White Plains Coat & Apron Co., Inc. addressed to Judge Swain, from Lee H. Rubin, atty for the dft, dated 4/6/04, re: a request for a brief continuance of the sentencing hearing currrently scheduled for 4/23/04. -- Judge memo endorsed: Sentencing adjourned to 6/30/2004 02:00 PM before Judge Laura Taylor Swain. SO ORDERED. (Signed by Judge Laura Taylor Swain on 4/7/04)(ja, ) (Entered: 04/08/2004)
06/18/2004ENDORSED LETTER as to White Plains Coat & Apron Co., Inc., addressed to Judge Swain, from Lee H. Rubin, lead counsel for dft White Plains Coat & Apron, Inc., dated 6/16/04, re: a request for a brief continuance of the sentencing hearing, currently scheduled for 6/30/04... -- Judge memo endorsed: The Sentencing is adjourned to 8/13/2004 03:00 PM before Judge Laura Taylor Swain. SO ORDERED. (Signed by Judge Laura Taylor Swain on 6/18/04)(ja, ) (Entered: 06/22/2004)
08/06/200410  MOTION filed by Bruce Botchman, White Plains Coat & Apron Co., Inc. for an Order, pursuant to Rule 1.3(c) of the Local Rules of the S.D.N.Y., admitting Lee H. Rubin, a member of the bars of the State of California and the District of Columbia, to the bar of this Court pro hac vice. (bw, ) (Entered: 08/09/2004)
08/10/2004  MEMO ENDORSEMENT as to Bruce Botchman, White Plains Coat & Apron Co., Inc. on re: 10 MOTION to Appear Pro Hac Vice, filed by defts Bruce Botchman, White Plains Coat & Apron Co., Inc. JUDGE ENDORSED - The within application is granted, subject to payment of the requisite fee. (Signed by Judge Laura Taylor Swain on 8/10/04); Copies Mailed by Chambers.(bw, ) (Entered: 08/12/2004)
08/13/2004  Minute Entry for proceedings held before Judge Laura Taylor Swain :Sentencing held on 8/13/2004 for White Plains Coat & Apron Co., Inc. (2) Count 1. Deft White Plains Coat & Apron Co. Inc. (2) present w/counsel, Lee H. Rubin and Nick S. Williams; for Govt, John McReynolds and Jeffrey D. Martino, US DOJ Antitrust Division, and Court Reporter Sonya Huggins present. [see Judgment filed on 8/17/04]. (bw, ) (Entered: 08/19/2004)
08/16/2004  Payment of Fine from White Plains Coat & Apron Co., Inc. in the amount of $400.00. Date Received: 8/13/04. (mn, ) (Entered: 08/16/2004)
08/17/200412 JUDGMENT In A Criminal Case. (For Organization Defendants). Defendant Organization's Attorney: Lee H. Rubin. Defendant Organization White Plains Coat & Apron Co., Inc. (2) pleaded guilty to Count(s) 1. The defendant organization is sentenced as provided in pages 2 through 5 of this judgment. It is ordered that the defendant organization must notify the United States Attorney for this district within 30 days of any change of name, principal business address, or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. If ordered to pay restitution, the defendant organization must notify the court and United States attorney of material changes in economic circumstances. The defendant organization is hereby sentenced to PROBATION FOR A TERM OF: 5 YEARS. Additional Probation Terms: -The defendant corporation will provide the probation officer with access to any requested financial information. -The defendant corporation shall maintain a business operation in the Southern District of New York. -The defendant corporation will be supervised in the district where the company operates its business.; The defendant organization must pay an assessment of $400 and a Fine of $3,500,000. The court determined that the defendant organization does not have the ability to pay interest, and it is ordered that: the interest requirement is waived for the fine. Having assessed the organization's ability to pay, payment of the total criminal monetary penalties are due as follows: Lump sum payment of $400 due immediately, balance due in accordance with [D] below. [D] Special instructions regarding the payment of criminal monetary penalties: The defendant corporation will make an initial payment of $250,000, due within 60 days of August 13, 2004, a second payment of $250,000 due on August 13, 2005; and the defendant corporation will make eight semi-annual payments of $375,000 each, in each of the years 2006, 2007, 2008, and 2009, to be paid in February 13 and August 13 of each of those years. (Signed by Judge Laura Taylor Swain on 8/17/04)(bw, ) (Entered: 08/19/2004)
08/20/2004  Judgment entered in money judgment book as #04, 1545 as to White Plains Coat & Apron Co., Inc. in the amount of $ 3500400, re: 12 Judgment (jw, ) (Entered: 08/25/2004)
07/27/200514 ENDORSED LETTER as to Bruce Botchman, White Plains Coat & Apron Co., Inc. addressed to Judge Swain from John W. McReynolds dated 7/15/05 re: Adjournment of the sentencing date for all defts..The sentence is adjourned to 2/20/06 @ 10 AM. (Signed by Judge Laura Taylor Swain on 7/25/05) copies faxed by chambers.(pr, ) (Entered: 08/03/2005)
07/27/2005  Set/Reset Hearings as to Bruce Botchman, White Plains Coat & Apron Co., Inc.: Sentencing set for 2/20/2006 10:00 AM before Judge Laura Taylor Swain..(pr, ) (Entered: 08/03/2005)
08/13/2007  Payment of Fine from White Plains Coat & Apron Co., Inc. in the amount of $375,000.00. Receipt # E615829. Date Received: 8/13/2007. (sj) (Entered: 10/03/2007)
02/13/2008  Payment of Fine from White Plains Coat & Apron Co., Inc. in the amount of $375,000.00. Receipt # E634007. Date Received: 2/13/2008. (sj) (Entered: 02/13/2008)
11/05/200822 TRANSCRIPT of Proceedings as to White Plains Coat & Apron Co., Inc. held on 8/13/2004 before Judge Laura Taylor Swain. (D'Avanzo, Daniel) Modified on 11/21/2008 (lan). (Entered: 11/18/2008)
09/08/200923SATISFACTION OF JUDGMENT as to (03-Cr-1427-02) White Plains Coat & Apron Co., Inc. re: 12 Judgment, for the fine in the amount of $3,500,000.00 and the special assessment in the amount of $400.00, amounting in all to the sum of $3,500,400.00. Judgment entered in the Judgment Book of the U.S.D.C. for the S.D.N.Y. on August 20, 2004. (bw) (Entered: 09/14/2009)