U.S. District Court Eastern District of Louisiana (New Orleans) CRIMINAL DOCKET FOR CASE #: 2:94-cr ML All Defendants

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1 CLOSED,MULTI U.S. District Court Eastern District of Louisiana (New Orleans) CRIMINAL DOCKET FOR CASE #: 2:94-cr ML All Defendants Case title: USA v. Crescent Ship Svc, et al Date Filed: 12/15/1994 Date Terminated: 05/15/1995 Assigned to: Judge Marcel Livaudais Defendant (1) Crescent Ship Services, Inc. represented by Patrick J. Fanning Patrick J. Fanning, Attorney at Law 238 Huey P. Long Ave. Gretna, LA Paul N. Vance 8 Stoneridge South Hattiesburg, MS Fax: (504) pnvance@gmail.com Pending Counts 18:371 Conspiracy to violate the Act to Prevent Pollution From Ships (1) Sentencing held 5/15/95 Highest Offense Level (Opening) Felony Terminated Counts Highest Offense Level (Terminated) 1/10

2 Complaints Assigned to: Judge Marcel Livaudais Defendant (2) Frederick G Willhoft, Jr represented by Patrick J. Fanning Paul N. Vance Pending Counts 18:371 Conspiracy to violate the Act to Prevent Pollution From Ships (1) Sentencing held 5/15/95 Highest Offense Level (Opening) Felony Terminated Counts Highest Offense Level (Terminated) Complaints Assigned to: Judge Marcel Livaudais Defendant (3) Lewin Pizani, Jr represented by Patrick J. Fanning Paul N. Vance 2/10

3 Pending Counts 18:371 Conspiracy to violate the Act to Prevent Pollution From Ships (1) Sentencing held 5/15/95 Highest Offense Level (Opening) Felony Terminated Counts Highest Offense Level (Terminated) Complaints Assigned to: Judge Marcel Livaudais Defendant (4) Eric M Willhoft represented by Patrick J. Fanning Paul N. Vance Pending Counts 33:1908(a) and 33 CFR DISCHARGING GARBAGE AND SHIP WASTE INTO MISSISSIPPI RIVER (2) Sentencing held 5/15/95 Highest Offense Level (Opening) Felony 3/10

4 Terminated Counts Highest Offense Level (Terminated) Complaints Movant Christopher M Smith represented by William Lee Stroud William L. Stroud, Attorney at Law 4442 Viking Drive Suite 100 Bossier City, LA wstroud040@gmail.com Plaintiff United States of America represented by Robert J. Boitmann Robert J. Boitmann, Attorney at Law 1799 Marsh Wren Way Palm Harbor, FL bobaylie@gmail.com Date Filed # Docket Text 12/15/ INFORMATION by USA against defendant Crescent Ship Services Inc (1) count(s) 1, defendant Frederick G. Willhoft, Jr. (2) count(s) 1, defendant Lewin Pizani, Jr. (3) count(s) 1, defendant Eric M. Willhoft (4) count(s) 1, 2 (dcap) Modified on 01/19/1995 (Entered: 01/19/1995) 12/15/ MOTION by plaintiff USA and ORDER for issuance of sms as to Crescent Ship Svc, Frederick G Willhoft Jr, Lewin Pizani Jr, Eric M Willhoft to appear bfr Mag Moore at 10:00 12/22/94 for arraignment & initial appearance by Magistrate Lance M. Africk (sw) (Entered: 12/16/1994) 12/15/ NOTICE of initial appearance & arraignment set at 10:00 12/22/94 for Crescent Ship Svc, for Frederick G Willhoft Jr, for Lewin Pizani Jr, for Eric M Willhoft (sw) Modified on 01/23/1995 (Entered: 12/16/1994) 12/22/ WAIVER of Indictment by defendant Lewin Pizani Jr (sw) (Entered: 12/27/1994) 4/10

5 12/22/ WAIVER of Indictment by defendant Crescent Ship Svc (sw) (Entered: 12/27/1994) 12/22/ WAIVER of Indictment by defendant Frederick G Willhoft Jr (sw) (Entered: 12/27/1994) 12/22/ WAIVER of Indictment by defendant Eric M Willhoft (sw) (Entered: 12/27/1994) 12/22/ MINUTE ENTRY 12/22/94: initial appearance of Crescent Ship Svc; arraignment held; garcia hrg held; by Magistrate Louis Moore Jr. (sw) Modified on 01/23/1995 (Entered: 12/27/1994) 12/22/ MINUTE ENTRY 12/22/94: dft Crescent Ship Svc arraigned; not guilty plea entered; waiver of indictment filed; pre-trial conf & trial to be set bfr Judge by Magistrate Louis Moore Jr. (sw) (Entered: 12/27/1994) 12/22/ MINUTE ENTRY 12/22/94 initial appearance of Lewin Pizani Jr; P.A. Bond set for $5,000.00; dft released on bond; arraigment held; garcia hrg held by Magistrate Louis Moore Jr. (sw) Modified on 01/23/1995 (Entered: 12/27/1994) 12/22/ MINUTE ENTRY 12/22/94: dft Lewin Pizani Jr arraigned; not guilty plea entered; dft released on orig bond; waiver of indictment filed; pre-trial conf & trial to be set bfr Judge by Magistrate Louis Moore Jr. (sw) (Entered: 12/27/1994) 12/22/ MINUTE ENTRY 12/22/94: initial appearance of Eric M Willhoft; P.A. Bond set for $ 5,000.00; dft released on bond; garcia hrg held by Magistrate Louis Moore Jr. (sw) Modified on 01/23/1995 (Entered: 12/27/1994) 12/22/ MINUTE ENTRY 12/22/94: dft Eric M Willhoft arraigned; not guilty plea entered; dft released on orig bond; waiver of indictment filed; pre-trial conf & trial to be set bfr Judge by Magistrate Louis Moore Jr. (sw) (Entered: 12/27/1994) 12/22/ MINUTE ENTRY 12/22/94: initial appearance of Frederick G Willhoft Jr; arraignment held; P.A. Bond set for $ 5,000.00; dft released on orig bond; garcia hrg held by Magistrate Louis Moore Jr. (sw) Modified on 01/23/1995 (Entered: 12/27/1994) 12/22/ MINUTE ENTRY 12/22/94: dft Frederick G Willhoft Jr arraigned; not guilty plea entered; waiver of indictment filed; pre-trial conf & trial to be set bfr Judge by Magistrate Louis Moore Jr. (sw) (Entered: 12/27/1994) 12/22/ WAIVER of conflict of interest form by defendant Eric M Willhoft (sw) (Entered: 12/27/1994) 12/22/ WAIVER of conflict of interest form by defendant Frederick G Willhoft Jr (sw) (Entered: 12/27/1994) 12/22/ WAIVER of conflict of interest form by defendant Lewin Pizani Jr (sw) (Entered: 12/27/1994) 12/22/ NOTICE of re-arraignment set at 10:00 1/5/95 for Crescent Ship Svc, Frederick G Willhoft Jr, Lewin Pizani Jr, Eric M Willhoft bfr Judge (sw) (Entered: 12/28/1994) 12/27/ SUMMONS executed on 12/21/94 as to Crescent Ship Svc, Frederick G Willhoft Jr, Lewin Pizani Jr, Eric M Willhoft (sw) (Entered: 12/28/1994) 01/05/ FACTUAL BASIS by defendant Crescent Ship Svc, defendant Frederick G Willhoft Jr, defendant Lewin Pizani Jr, defendant Eric M Willhoft, plaintiff USA as to defendant Crescent Ship Svc, defendant Frederick G Willhoft Jr, defendant Lewin Pizani Jr, defendant Eric M Willhoft (sw) (Entered: 01/05/1995) 01/05/ PLEA Agreement as to Frederick G Willhoft Jr (sw) (Entered: 01/05/1995) 01/05/ PLEA Agreement as to Lewin Pizani Jr (sw) (Entered: 01/05/1995) 5/10

6 01/05/ PLEA Agreement as to Eric M Willhoft (sw) (Entered: 01/05/1995) 01/05/ PLEA Agreement as to Crescent Ship Svc (sw) (Entered: 01/05/1995) 01/05/ Unanimous consent of the shareholders of Crescent Ship Svc (sw) (Entered: 01/05/1995) 01/05/ SMOOTH Minutes: Re-arraigment as to dfts Crescent Ship Svc, Frederick G Willhoft Jr, Louis Pizani Jr, Eric M Willhoft; waiver/consent regarding Crescent Ship Svc received for filing; guilty plea entered by Crescent Ship Svc, Frederick G Willhoft Jr, Pizani Jr, Eric M Willhoft; PSI ordered; sentencing set at 9:00 4/12/95 for Crescent Ship Svc, Frederick G Willhoft Jr, Lewin Pizani Jr, Eric M Willhoft by Judge Marcel Livaudais (sw) (Entered: 01/06/1995) 01/05/ NOTICE of sentencing set at 9:00 4/12/95 for all dfts (sw) (Entered: 01/06/1995) 04/10/ MEMORANDUM by USA in aid of sentencing (sw) (Entered: 04/10/1995) 04/12/ SENTENCING MEMORANDUM by Crescent Ship Svc, Frederick G Willhoft Jr, Lewin Pizani Jr, Eric M Willhoft (sw) (Entered: 04/13/1995) 04/12/ LETTER to court from Paul N Vance attorney for defendants Crescent Ship Svc, Frederick G Willhoft Jr, Lewin Pizani Jr, Eric M Willhoft dated 4/11/95 in re: outline of an Environmental Complance Plan (sw) (Entered: 04/17/1995) 04/13/ MOTION by plaintiff USA and ORDER to continue sentencing to 9:00 4/26/95 for all defendants by Judge Marcel Livaudais (jd) (Entered: 04/14/1995) 04/13/ Re-NOTICE of sentencing set at 9:00 4/19/95 bfr Judge for all dfts (sw) (Entered: 04/17/1995) 04/17/ Re-NOTICE of sentencing set at 9:00 4/26/95 bfr Judge for all dfts (sw) (Entered: 04/17/1995) 04/24/ Memo in opposition by plaintiff USA to sentencing memorandum filed by defendant Crescent Ship Svc, defendant Frederick G Willhoft Jr, defendant Lewin Pizani Jr, defendant Eric M Willhoft [30-1] (gw) (Entered: 04/26/1995) 04/24/ RE-NOTICE of sentencing set for 9:00 5/10/95 bfr Judge for Crescent Ship Svc, for Frederick G Willhoft Jr, for Lewin Pizani Jr, for Eric M Willhoft (gw) (Entered: 04/28/1995) 05/04/ REQUEST for Subpoena(s) by defendant Crescent Ship Svc, defendant Frederick G Willhoft Jr, defendant Lewin Pizani Jr, defendant Eric M Willhoft ; 4 issued. (jh) (Entered: 05/05/1995) 05/11/ MEMORANDUM by USA on application Note 4. (jh) (Entered: 05/15/1995) 05/11/ SMOOTH Minutes: Sentencing held as to all defendants; all present and ready; docs received for filing; witnesses testify; matter cont to 5/12/95 9:00 by Judge Marcel Livaudais (jd) (Entered: 05/16/1995) 05/12/ LETTER to court from Robert J. Alario, President of Offshore Marine Service Association dated 5/10/95 in re: government policies (sw) (Entered: 05/15/1995) 05/12/ Court exhibit 1 (in globo) (sw) (Entered: 05/15/1995) 05/12/ Court exhibit 2 (in globo) (sw) (Entered: 05/15/1995) 05/12/ Court exhibit 3 (in globo) (sw) (Entered: 05/15/1995) 05/12/ Curiculum vitae Michael F. Rayle (sw) (Entered: 05/15/1995) 6/10

7 05/12/ Dr. Raymond D. Harbison curriculum vitae (sw) (Entered: 05/15/1995) 05/12/ Reply memorandum by Crescent Ship Svc, Frederick G Willhoft Jr, Lewin Pizani Jr, Eric M Willhoft to the sentencing memo of the USA (sw) (Entered: 05/15/1995) 05/12/ SMOOTH Minutes: Sentencing cont from 5/11/95 as to all defendants; exhibits offered; witnesses testify; sentencing held; see J&C. by Judge Marcel Livaudais (jd) (Entered: 05/16/1995) 05/15/ STATEMENT of Reason for Imposing Sentence as to Frederick G Willhoft Jr by Judge Marcel Livaudais (sw) (Entered: 05/16/1995) 05/15/ STATEMENT of Reason for Imposing Sentence as to Lewin Pizani Jr by Judge Marcel Livaudais (sw) (Entered: 05/16/1995) 05/15/ STATEMENT of Reason for Imposing Sentence as to Eric M Willhoft by Judge Marcel Livaudais (sw) (Entered: 05/16/1995) 05/15/ STATEMENT of Reason for Imposing Sentence as to Crescent Ship Svc by Judge Marcel Livaudais (sw) (Entered: 05/16/1995) 05/15/ JUDGMENT and Commitment: sentencing as to Eric M Willhoft (4) count(s) 2 held 5/15/95; dft placed on prob for a term of 5 years as to ct 2; dft shall pay to the US a fine of $3, as to ct 2 to be paid in installments of $100.00; Special Assessment fee of $ as to ct 2 by Judge Marcel Livaudais (sw) Modified on 05/16/1995 (Entered: 05/16/1995) 05/15/ JUDGMENT and Commitment: sentencing as to Crescent Ship Svc (1) count(s) 1 held 5/15/95; dft placed on prob for a term of 5 years as to ct 1; dft shall pay to US a fine of $250, as to ct 1 to be paid in full w/in 90 days; Special Assessment fee of $ as to ct 1 by Judge Marcel Livaudais (sw) (Entered: 05/16/1995) 05/15/ JUDGMENT and Commitment: sentencing as to Lewin Pizani (3) count(s) 1 held 5/15/95; dft committed to the custody of the Bureau of Prisons for a term of one month as to ct 1; dft shall pay to US a fine of $3, as to ct 2 to be paid in installments of $100.00; Special Assessment fee of $ as to ct 1 by Judge Marcel Livaudais (sw) (Entered: 05/16/1995) 05/15/ JUDGMENT and Commitment: sentencing as to Frederick G Willhoft Jr (2) count(s) 1 held 5/15/95; dft committed to custody of the Bureau of Prisons for a term of 4 months as to ct 1; Special Assessment fee of $ as to ct 1 by Judge Marcel Livaudais ***CLOSED*** (sw) (Entered: 05/16/1995) 05/15/ ORDERED that dft Frederick G Willhoft Jr surrender himself to the Bureau of Prisons by reporting to the designated institution on or bfr noon on 5/30/95 by Judge Marcel Livaudais Date Signed: 5/12/95 (sw) (Entered: 05/16/1995) 05/15/ ORDERED that dft Lewin Pizani Jr surrender himself to the designated institution on or bfr noon on 5/29/95 by Judge Marcel Livaudais Date Signed: 5/12/95 (sw) (Entered: 05/16/1995) 05/18/ AMENDED JUDGMENT & PROBATION/COMMITMENT ORDER: ORDERED that the jgm & prob/commitment order entered 5/16/95, regarding dft Lewin Pizani Jr is amended to reflect the following: "the court makes the following recommendation to the Bureau of Prisons: that the Bureau of Prisons designate the Volunteers of America, Comprehensive Sanction Center in the Community Confinement Component, for svc of sent by Judge Marcel Livaudais (sw) (Entered: 05/19/1995) 05/24/ MOTION for hearing to determine whether applicant should be paid a portion of the fines 7/10

8 ordered in this case by Christopher M Smith to be heard before Judge Marcel Livaudais & unsigned order (jd) Modified on 05/30/1995 (Entered: 05/30/1995) 05/25/ MINUTE ENTRY ( 5/25/95) A hrg will be held 10:00 7/21/95 on the motion by Christopher M Smith to be awarded a portion of the fines assessed in this case by Judge Marcel Livaudais (REF: all dfts) (jd) (Entered: 05/30/1995) 06/06/ JUDGMENT and Commitment returned executed 5/30/95 as to Frederick G Willhoft; dft self surrendered to VOA New Orleans, LA (bb) (Entered: 06/06/1995) 06/06/ JUDGMENT and Commitment returned executed 5/29/95 as to Lewin Pizani Jr delivered to VOA at New Orleans LA (bb) (Entered: 06/06/1995) 06/09/ Memo in opposition by plaintiff USA to motion for hearing to determine whether applicant should be paid a portion of the fines ordered in this case by movant Christopher M Smith [59-1] (sw) (Entered: 06/12/1995) 06/28/ SUPPLEMENTAL MEMORANDUM by movant Christopher M Smith in support of his motion for hearing to determine whether applicant should be paid a portion of the fines ordered in this case by Christopher M Smith [59-1] (sw) (Entered: 06/30/1995) 07/03/ MOTION to amend jgm & probation/commitment order by Frederick G Willhoft Jr to be heard before Judge Marcel Livaudais on 9:00 7/19/95 (sw) (Entered: 07/03/1995) 07/06/ Memo in response by plaintiff USA to motion to amend jgm & probation/commitment order by defendant Frederick G Willhoft Jr [65-1] (gw) (Entered: 07/10/1995) 07/18/ ORDERED that the mtn by dft Frederick G Willhoft Jr to amend jgm & probation/commitment order [65-1] be granted by Judge Marcel Livaudais Date Signed: 7/17/95 (sw) (Entered: 07/19/1995) 07/18/ ORDERED that the mtn by Christopher M Smith to determine whether applicant should be paid a portion of the fines ordered in this case [59-1] be granted & that $128, be paid to same out of the total fines collected herein by Judge Marcel Livaudais (sw) (Entered: 07/19/1995) 08/15/ LETTER to Judge Livaudais dated 8/11/95 from Environmental Consultants in re: enviromental compliance plan for dft, Crescent Ship Service. (dp) (Entered: 08/15/1995) 11/14/ LETTER to court from Noel V. Brodtmann, Jr. dated 10/11/95 in re: 2nd Quartly Report, Period covered: 8/12/95-11/11/95. (gw) (Entered: 11/14/1995) 02/12/ EPL Environmental consultants' third quarterly report for the court (sw) (Entered: 02/12/1996) 05/10/ LETTER to court from Noel V. Brodtmann, Jr., president of EPL, Inc. dated 5/9/96 in re: fourth quarterly report for the court (sw) (Entered: 05/13/1996) 05/14/ ORDERED that Frederick G Willhoft Jr is granted leave to travel to Athens, Greece & Rome, Italy from 6/1/96 through 6/13/96 by Judge Marcel Livaudais (sw) (Entered: 05/15/1996) 08/13/ LETTER to court from Noel V. Brodtmann, Jr., President of EPL, Inc. dated 8/7/96 in re: Fifth Quarterly Report for the Court (sw) (Entered: 08/13/1996) 11/13/ LETTER to Judge from Noel V. Brodtmann, Jr. dated 11/7/96 re erroneous cost information of Crescent Ship Services reported by a Corporate Officer from the same co. (dno) (Entered: 11/13/1996) 02/14/ LETTER to court from Noel V. Brodtmann, Jr. President of EPL Environmental Consultants dated 2/7/97 in re: Seventh Quarterly Report for the Court Period Covered: 8/10

9 11/13/96 0 1/12/97 (sw) (Entered: 02/24/1997) 04/10/ th Quarterly Report by EPL Environmental Consultants dated 4/10/97. (jh) (Entered: 04/14/1997) 07/11/ LETTER to court from Noel V. Brodtmann, Jr. dated 7/9/97 in re: 9th Quarterly Report, Period Covered: 4/13/97-7/12/97 (gw) (Entered: 07/14/1997) 10/16/ LETTER to court from EPL Environmental Consultants dated 10/8/97 in re: Tenth Quarterly Report 7/13/97-10/12/97 (sw) (Entered: 10/20/1997) 11/13/ LETTER to court from Denise M. DeShazo, US Prob Officer dated 11/12/97 in re: request for early termination for dft Lewin Pizani Jr (sw) (Entered: 11/14/1997) 11/13/ ORDERED that dft Lewin Pizani Jr is discharged from supervised release & that the proceedings be terminated by Judge Marcel Livaudais (sw) (Entered: 11/14/1997) 11/18/ MOTION to discharge from supervised release by Frederick G Willhoft Jr to be heard before Judge Marcel Livaudais on 10:00 12/3/97 for Frederick G Willhoft Jr (gw) (Entered: 11/19/1997) 12/01/ RESPONSE by plaintiff USA [82-1]to motion to discharge from supervised release filed by defendant Frederick G Willhoft Jr [82-1] (kh) (Entered: 12/03/1997) 12/03/ ORDERED that the mtn by dft Frederick G Willhoft Jr to discharge from supervised release [82-1] is granted & that dft be dischrged from the supervised release imposed by the Court in its 5/15/95 jgm by Judge Marcel Livaudais (sw) (Entered: 12/03/1997) 01/12/ LETTER to court from EPL Environmental Consultants dated 1/8/98 in re: Eleventh Quarterly Report-period covered 10/13/97-1/12/98 (sw) (Entered: 01/13/1998) 04/13/ LETTER to court from Noel V. Brodtmann, Jr. dated 4/9/98 in re: twelfth quarterly report, period covered 1/13/98-4/12/98 (sw) (Entered: 04/13/1998) 07/13/ LETTER to court from Noel V. Brodtmann, Jr., President EPL Inc dated 7/10/98 in re: Thirteenth Quarterly Report Period Covered: 5/13/98-7/12/98 (sw) (Entered: 07/17/1998) 10/13/ LETTER to court from Noel V. Brodtmann, Jr., dated 10/9/98 in re: Fourteenth Quarterly Report, period covered 7/13/98 through 9/12/98 (sw) (Entered: 10/13/1998) 12/09/ LETTER to court from Rodd M. Felix, US Prob Officer dated 12/4/98 in re: request for early termination as to defendant Eric M Willhoft (sw) (Entered: 12/09/1998) 12/09/ ORDERED that dft is discharged from probation & that the proceedings in the case be terminated as to defendant Eric M Willhoft by Judge Marcel Livaudais Date Signed: 12/8/98 (sw) (Entered: 12/09/1998) 01/11/ LETTER to court from Noel V. Brodtmann, Jr. dated 1/8/99 in re: Fifteenth Quarterly Report Period Covered 9/13/98-12/12/98 (sw) (Entered: 01/14/1999) 04/09/ Sixteenth Quarterly Report for the court, Period Covered: 12/13/98 to 3/12/99 submitted by EPL Inc. (gw) Modified on 05/14/1999 (Entered: 04/12/1999) 07/09/ LETTER to court from Noel V. Brodtmann, Jr. dated 7/8/99 in re: Seventeenth Quarterly Report, Period Covered: 3/13/99-6/12/99. (gw) (Entered: 07/09/1999) 10/08/ LETTER to court from Noel V. Brodtmann dated 10/8/99 in re: Eighteenth Quarterly Report, Period covered: 6/13/99-10/12/99. (gw) (Entered: 10/12/1999) 02/09/ LETTER to court from Noel V. Brodtmann, Jr. dated 2/8/00 in re: nineteenth quarterly report period covered 10/13/99-1/12/00 as to defendant Crescent Ship Svc (sw) Modified 9/10

10 on 02/29/2000 (Entered: 02/10/2000) 05/04/ LETTER to court from Noel Brodtmann dated 5/3/00 re 20th Quarterly Report. (rg) (Entered: 05/05/2000) PACER Service Center Transaction Receipt 03/23/ :05:05 PACER Login: kk0155: :0 Client Code: 900 Description: Docket Report Search Criteria: 2:94-cr ML Billable Pages: 7 Cost: /10