CLOSED

U.S. District Court
Northern District of Georgia (Atlanta)
CRIMINAL DOCKET FOR CASE #: 1:00-cr-00375-GET-1


Case title: USA v. Wickliffe Services, et al

Date Filed: 09/02/2000
Date Terminated: 03/23/2001

Assigned to: Judge G. Ernest Tidwell

Defendant (1)
Wickliffe Services Company, Inc.
TERMINATED: 04/04/2001
represented byCraig A. Gillen
Gillen Withers & Lake, LLC
3490 Piedmont Road, N.E.
One Securities Centre, Suite 1050
Atlanta, GA 30305
404-842-9700
Email: cgillen@gwllawfirm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
15:1.F ANTITRUST VIOLATIONS
(1)
PROBATION 60 months, RESTITUTION to be paid jointly and severallly with co-defendant to Archer Western Contractors, Ltd., Centex Construction Company, Bill Harbert International Construction, Inc., Brasfield & Gorrie, M.A. Mortenson Company and Unifi ed Government of Athens-Clarke County, Georgia

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Garnishee
Terry Turner


Plaintiff
USA represented byJohn Robert Fitzpatrick
U.S. Department of Justice
Antitrust Division
75 Spring Street, S.W.
1176 Richard B. Russell Building
Atlanta, GA 30303
404-331-7100
Email: John.Fitzpatrick@USDOJ.Gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Jon Robert Smibert
U.S. Department of Justice
Antitrust Division
75 Spring Street, S.W.
1176 Richard B. Russell Building
Atlanta, GA 30303
404-331-7100
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Cynthia Beckwith Smith
Office of United States Attorney
75 Spring Street, S.W.
600 United States Courthouse
Atlanta, GA 30303
404-581-6350
Email: cynthia.smith2@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
06/02/2000INFORMATION filed. Wickliffe Services (1) count(s) 1, Jerry R. Wickliffe (2) count(s) 1 (bsm) Modified on 09/20/2000 (Entered: 09/20/2000)
06/02/2000Waiver by Wickliffe Services of Indictment (bsm) Modified on 09/20/2000 (Entered: 09/20/2000)
06/02/2000Joint MOTION to file criminal information under seal (bsm) Modified on 09/20/2000 (Entered: 09/20/2000)
06/02/2000ORDER by Mag Judge Gerrilyn G. Brill as to defendants Wickliffe Services and Jerry R. Wickliffe GRANTING [4-1] joint motion to file criminal information under seal (bsm) (Entered: 09/20/2000)
06/02/2000INITIAL APPEARANCE HEARING held for Wickliffe Services, Jerry R. Wickliffe before Mag Judge Gerrilyn G. Brill, nonsurety bond set at $10,000.00, bond filed, defendant released (bsm) Modified on 09/20/2000 (Entered: 09/20/2000)
06/02/2000  Added attorney for Wickliffe Services, Jerry R. Wickliffe : Craig A. Gillen. (bsm) Modified on 09/20/2000 (Entered: 09/20/2000)
06/02/2000  Case assigned to Judge G. E. Tidwell for arraignment/sentencing (bsm) Modified on 09/20/2000 (Entered: 09/20/2000)
06/07/2000ORDER by Judge G. E. Tidwell as to defendants Wickliffe Services and Jerry R. Wickliffe, appearance of defendants deferred until 8/31/00, case is to remain under seal (bsm) (Entered: 09/20/2000)
08/30/2000Joint MOTION to unseal criminal information and to extend appearance of defendants (bsm) (Entered: 09/20/2000)
08/30/2000ORDER by Judge G. E. Tidwell as to defendants Wickliffe Services and Jerry R. Wickliffe, GRANTING [8-1] joint motion to unseal criminal information, criminal information and all related papers are to remain under seal until 9/20/00 at which time the clerk will unseal the case, and GRANTING [8-2] joint motion to extend appearance of defendants, appearance deferred until 10/2/00 (bsm) (Entered: 09/20/2000)
10/13/200010 Defendant Information Sheet for Wickliffe Services, Jerry R. Wickliffe. (ck) (Entered: 10/16/2000)
10/13/200011 Factual basis by USA as to Wickliffe Services. (ck) (Entered: 10/16/2000)
10/13/200012 ARRAIGNMENT HELD before Judge G. E. Tidwell. Case assigned to Judge G. E. Tidwell. PLEA OF GUILTY & PLEA AGREEMENT by Wickliffe Services (1) count(s) 1. (ck) (Entered: 10/16/2000)
10/13/200015 Notice of sentence set for 9:30 am on 1/5/01 for Wickliffe Services & Jerry R. Wickliffe (cc: by courtroom deputy clerk) (ck) (Entered: 10/16/2000)
12/18/200017 MOTION by defendants Wickliffe Services and Jerry R. Wickliffe for continuation of sentencing (bsm) (Entered: 12/22/2000)
12/20/200018 ORDER by Judge G. E. Tidwell as to defendants Wickliffe Services and Jerry R. Wickliffe GRANTING [17-1] motion for continuation of sentencing (cc) (bsm) (Entered: 12/22/2000)
12/20/200018 Notice of sentence set for 9:30 3/16/01 for Wickliffe Services and for Jerry R. Wickliffe (cc ) (contained in [18-1] order) (bsm) (Entered: 12/22/2000)
03/07/200119 MOTION by defendant Wickliffe Services and defendant Jerry R. Wickliffe for continuation of sentencing (bsm) (Entered: 03/09/2001)
03/07/200120 Response by USA to [19-1] motion for continuation of sentencing by Jerry R. Wickliffe and Wickliffe Services (bsm) (Entered: 03/09/2001)
03/09/2001  SUBMITTED to Judge G. E. Tidwell as to defendant Wickliffe Services and defendant Jerry R. Wickliffe on [19-1] motion for continuation of sentencing (bsm) (Entered: 03/09/2001)
03/12/200121 Motion HEARING held before Judge G. E. Tidwell [19-1] motion for continuation of sentencing, GRANTING [19-1] motion for continuation of sentencing as to Wickliffe Services (1) and Jerry R. Wickliffe (2), sentencing reset for 3/23/01 at 10:00 (bsm) (Entered: 03/13/2001)
03/13/2001  Terminated submissions. (bsm) (Entered: 03/13/2001)
03/13/200122 Joint MOTION for protective order (bsm) (Entered: 03/15/2001)
03/13/200123 ORDER by Judge G. E. Tidwell as to defendant Wickliffe Services and defendant Jerry R. Wickliffe GRANTING [22-1] joint motion for protective order (cc) (bsm) (Entered: 03/15/2001)
03/15/200124 Motion by USA as to Wickliffe Services and Jerry R. Wickliffe for downward departure (bsm) (Entered: 03/19/2001)
03/19/2001  SUBMITTED to Judge G. E. Tidwell as to defendant Wickliffe Services and defendant Jerry R. Wickliffe on [24-1] motion for downward departure (bsm) (Entered: 03/19/2001)
03/23/200125 Sentencing as to Wickliffe Services before Judge G. E. Tidwell Court Reporter: Pat Tanner (bsm) (Entered: 04/04/2001)
03/23/2001  VERBAL ORDER by Judge G. E. Tidwell as to defendant Wickliffe Services GRANTING [24-1] motion for downward departure as to Wickliffe Services (1) (bsm) (Entered: 04/04/2001)
04/03/200127 Representations and agreements with respect to restitution, with additional financial statements by Wickliffe Services and Jerry R. Wickliffe (bsm) Modified on 04/06/2001 (Entered: 04/06/2001)
04/04/2001  Steno notes of proceedings held as to defendant Wickliffe Services, defendant Jerry R. Wickliffe 4/4/01 before Judge G. E. Tidwell, by Court Reporter Lois Phillips, OCR. (bcm) (Entered: 04/05/2001)
04/04/200128 HEARING on restitution HELD as to defendants Wickliffe Services and Jerry R. Wickliffe on before Judge G. E. Tidwell, sentencing continued. (bsm) Modified on 04/06/2001 (Entered: 04/06/2001)
04/04/200129 JUDGMENT AND COMMITMENT Wickliffe Services (1) count(s) 1. PROBATION 60 months, RESTITUTION to be paid jointly and severallly with co-defendant pursuant to documents attached to Archer Western Contractors, Ltd., Centex Construction Company, Bill Harbert International Construction, Inc., Brasfield & Gorrie, M.A. Mortenson Company and Unified Government of Athens-Clarke County, Georgia. Signed by Judge G. E. Tidwell (cc:USA,USM,USPO,PSA,DFT,CNSL,FIN) (bsm) Modified on 04/06/2001 (Entered: 04/06/2001)
04/04/2001  JS3 docketed. as to Wickliffe Services (bsm) (Entered: 04/06/2001)
04/04/2001  Terminated submissions. (bsm) (Entered: 04/06/2001)
04/04/2001  Case terminated. (bsm) (Entered: 04/06/2001)
04/10/200131 Notice of change of address for victim Archer-Western Contractors Ltd. by USA (copy to financial) (bsm) (Entered: 04/11/2001)
05/04/200132 TRANSCRIPT of sentencing filed as to defendants Wickliffe Services and Jerry R. Wickliffe RE: for dates of 3/2/01 Court Reporter: Pat M. Tanner (bsm) (Entered: 05/08/2001)
01/21/200441 Discovery requests by USA to Wickliffe Services (bsm) (Entered: 01/22/2004)
04/20/200443Notice to take deposition of Jerry R. Wickcliffe by USA (bsm) (Entered: 04/21/2004)
04/20/200444Notice to take deposition of Wickliffe Services by USA (bsm) (Entered: 04/21/2004)
12/20/200446Application for Writ of Continuing Garnishment with affidavit, summons, answer and instructionsby USA as to Wickliffe Services Company, Inc., Jerry R. Wickliffe. (mas) (Entered: 12/27/2004)
12/20/2004  WRIT OF CONTINUING GARNISHMENT issued re: 46 Application for Writ of Continuing Garnishment with affidavit, summons, answer and instructions. (mas) (Entered: 12/27/2004)
01/06/200547Return of Service Executed on 1/3/2005 as to Wickliffe Services Company, Inc. and Jerry R. Wickliffe re: writ of continuing garnishment. (mas) (Entered: 01/11/2005)
01/06/200548Return of Service Executed on 12/30/2004 as to Wickliffe Services Company, Inc., Jerry R. Wickliffe re: writ of continuing garnishment. (mas) (Entered: 01/11/2005)
01/11/200549Answer to Writ of Continuing Garnishment as to Wickliffe Services Company, Inc. and Jerry R. Wickliffe filed by Terry Turner. (mas) (Entered: 01/14/2005)
10/21/200550Motion For Entry Of Final Order In Garnishment with Brief In Support by USA as to Wickliffe Services Company, Inc., Jerry R. Wickliffe. (Attachments: # 2 Text of Proposed Order Final Order In Garnishment)(Smith, Cynthia) Modified on 10/25/2005 to accurately reflect e-filed document (adg). (Entered: 10/21/2005)
10/25/2005  Notification of Docket Correction re 50 Motion for Writ of Continuing Garnishment. Modified on 10/25/2005 to accurately reflect e-filed document (adg) (Entered: 10/25/2005)
10/25/2005  Submission of 50 Motion For Entry Of Final Order In Garnishment as to Wickliffe Services Company, Inc., Jerry R. Wickliffe, submitted to District Judge G. Ernest Tidwell. (adg) (Entered: 10/25/2005)
10/26/200551Final Order in Garnishment re 50 Motion by USA as to Jerry R. Wickliffe (2) and Wickliffe Services Company, Inc. (1), Garnishee shall pay to the USA, the amounts due defendant Wickliffe under the promissory note which was executed on 9/30/3004, in the original principal amount of $228,750.00, including all accrued interest at the compound annual interest rate of ten percent (10%). Payment shall be sent to the Clerk, USDC, 2211 US Courthouse, 75 Spring Street, SW, Atlanta, GA 30303. Signed by Judge G. Ernest Tidwell on 10/26/2005. (adg) (Entered: 10/26/2005)
03/18/200952---DOCUMENT FILING ERROR--- MOTION To Clarify the Restitution Portion of the Judgment Or, In the Alternative, Motion to Amend the Judgment with Brief In Supportby USA as to Wickliffe Services Company, Inc., Jerry R. Wickliffe. (Attachments: # 1 Brief -In Support of Motion to Clarify Restitution Portion of the Judgment or, in the Alternative, Motion to Amend the Judgment, # 7 Exhibit -E to Brief) (Smith, Cynthia) Modified on 3/19/2009 (smg). (Entered: 03/18/2009)
03/18/200953REDOCKETED # 52 AS MOTION Clarify the Restitution Portion re 29 Judgment and Commitment and 30 Judgment and Commitment, or in the Alternative MOTION to Amend 29 Judgment and Commitment and 30 Judgment and Commitment, by USA as to Wickliffe Services Company, Inc., Jerry R. Wickliffe. (Attachments: # 7 Exhibit F) (smg) Modified text on 3/19/2009 (smg). (Entered: 03/19/2009)
03/19/2009  Notification of Docket Correction re 52 MOTION To Clarify the Restitution Portion of the Judgment Or, In the Alternative, Motion to Amend the Judgment. Document should have been filed as a two part motion. REDOCKETED AS # 53 MOTION to Clarify the Restitution Portion re 29 Judgment and Commitment and 30 Judgment and Commitment, or in the alternative MOTION to Amend/Correct 29 Judgment and Commitment and 30 Judgment and Commitment. (smg) (Entered: 03/19/2009)
04/02/200954 MOTION for Extension of Time to File Response to 53 MOTION Clarify the Restitution Portion re 29 Judgment and Commitment and 30 Judgment and Commitment, Or, In the Alternative, Motion to Amend the Judgment by Jerry R. Wickliffe as to Wickliffe Services Company, Inc., Jerry R. Wickliffe. (Attachments: # 1 Exhibit A) (Gillen, Craig) Modified text to remove duplicative wording on 4/2/2009 (smg). (Entered: 04/02/2009)
04/03/200955ORDER GRANTING 53 Motion to Clarify as to Wickliffe Services Company, Inc. (1), Jerry R. Wickliffe (2). Signed by Judge G. Ernest Tidwell on 4/3/09. (jlm) (Entered: 04/03/2009)
04/03/2009  Clerks Certificate of Mailing to Jerry R. Wickliffe re 55 Order on Motion for Extension of Time to File Response. (jlm) (Entered: 04/03/2009)
04/20/200956RESPONSE in Opposition re 53 MOTION to Clarify the Restitution Portion re 29 Judgment and Commitment and 30 Judgment and Commitment, or in the Alternative, MOTION to Amend 29 Judgment and Commitment and 30 Judgment and Commitment as to Wickliffe Services Company, Inc., Jerry R. Wickliffe, filed by Jerry R. Wickliffe (Gillen, Craig) Modified on 4/21/2009 to clarify text and correct document links (alc). (Entered: 04/20/2009)
05/11/2009  Submission of 53 MOTION Clarify the Restitution Portion re 29 Judgment and Commitment; MOTION to Amend/Correct 29 Judgment and Commitment, as to Wickliffe Services Company, Inc., Jerry R. Wickliffe, submitted to District Judge G. Ernest Tidwell. (jlm) (Entered: 05/11/2009)
06/23/200957ORDER DENYING The United States' 53 Motion to Amend Judgment as to Wickliffe Services Company, Inc. (1) and Jerry R. Wickliffe (2). Signed by Judge G. Ernest Tidwell on 6/23/09. (jlm) (Entered: 06/23/2009)