OFr i c. OF The. CLERK

Similar documents
8:15-cr JFB-FG3 Doc # 7 Filed: 04/10/15 Page 1 of 7 - Page ID # 19

Case 3:10-cr FDW Document 3 Filed 04/07/10 Page 1 of 7

3:09-cr MJP Date Filed 04/15/09 Entry Number 5 Page 1 of 5

Case 2:12-cr JES-UAM Document 41 Filed 07/01/13 Page 1 of 19 PageID 110

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION PLEA AGREEMENT

Case 1:09-mj JMF Document 3 Filed 01/12/2009 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA PLEA AGREEMENT

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE ) ) ) ) ) ) ) ) ) Case No. Judges PLEA AGREEMENT

Case 3:16-cr K Document 4 Filed 04/14/16 Page 1 of 11 PageID 6

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION

FILED DEC Q--IL. DecemberJ, 2008

Case 1:16-cr GMS Document 6 Filed 02/02/17 Page 1 of 8 PageID #: 20

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BUTTE DIVISION

STATE OF MARYLAND * IN THE * CIRCUIT COURT vs. * FOR * * CASE NO.

FlLED RECEIVED. Case 2:09-cr ROS Document 152 Filed 11/08/10 Page 1 of 8 ~LODGED COPY NOV Ct.ERK US DISTRICT COURT DISTR CT OF A.

Case: 5:16-cr KKC-REW Doc #: 65 Filed: 10/20/17 Page: 1 of 6 - Page ID#: 342

case 3:04-cr AS document 162 filed 09/01/2005 page 1 of 6

Case 2:15-cr FFM Document 38 Filed 07/19/16 Page 1 of 16 Page ID #:114

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION PLEA AGREEMENT

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION PLEA AGREEMENT

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

United States District Court SOUTHERN DISTRICT OF ALABAMA

Case 3:06-cr AWT Document 4 Filed 11/22/06 Page 1 of 8

1. The defendant understands her rights as follows:

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO. Eastern Division

Case: 5:14-cr KKC Doc #: 9 Filed: 09/11/14 Page: 1 of 8 - Page ID#: 23

FLORIDA STATUTES ANNOTATED TITLE 46. CRIMES CHAPTER 775. DEFINITIONS; GENERAL PENALTIES; REGISTRATION OF CRIMINALS (2010)

Case &:11 cr JMM Document 257 Filed 09/17/12 Page 1 of 12. INTHEUNITEDSTATESDISTRICTCOURT FILED s EASTERN DISTRICT OF ARKANSAS PLEA AGREEMENT

United States v. Biocompatibles, Inc. Criminal Case No.

United States District Court

Case 1:17-cr RC Document 3 Filed 12/01/17 Page 1 of 10. United States v. Michael T. Flynn

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI ST. JOSEPH DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE SOLTTHERN DISTRICT OF TEXAS HOUSTON DIVISION PLEA AGREEMENT

2:13-cr GCS-PJK Doc # 9 Filed 11/05/13 Pg 1 of 19 Pg ID 20 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION.

AT SEA TILE. The United States of America, by and through John McKay, United States Attorney 16

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION PLEA AGREEMENT

Case 3:04-cr JAH Document 309 Filed 01/17/13 PageID.1104 Page 1 of 6

Case: 6:06-cr DCR Doc #: 25 Filed: 10/20/06 Page: 1 of 7 - Page ID#: 75 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY LONDON

involved in the transaction, full restitution, a special

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION

United States District Court

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION CIVIL NO. 1:04CV46 (1:01CR45 & 3:01CR11-3)

KAREN L. LOEFFLER United States Attorney

5 CRWIINAL NO. H

Case 2:13-cr TJH Document 59 Filed 03/17/15 Page 1 of 5 Page ID #:280. United States District Court Central District of California

UNITED STATES DISTRICT COURT

LIMITED LIABILITY COMPANY AGREEMENT [INSERT NAME] L3C. A [Insert State] Low-Profit Limited Liability Company. Dated as of, 2007

Case 4:11 cr JMM Document 260 Filed 09/17/12 Page U.S. 1 DISTRICT of 12 COURT IN THE UNITED STATES DISTRICT COURT ) ) ) No.

Case 2:15-cr FMO Document 52 Filed 04/25/16 Page 1 of 17 Page ID #:295

Case 2:13-cr CLS-HGD Document 6 Filed 08/02/13 Page 1 of 18 AMENDED PLEA AGREEMENT. The Government and defendant, RUTH GAYLE CUNNINGHAM hereby

Case 3:11-cr DRD Document 22 Filed 03/15/11 Page 1 of 14

LOCAL RULES SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE DIVISION 8 CRIMINAL

Re: United States v. Alfonso Portillo, 09 Cr (RPP)

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION PLEA AGREEMENT.,Esq.

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION. No. CR

Case 1:08-cr RJL Document 17 Filed 01/06/09 Page 1 of 9 UNITED STATES DISTRICT COURT. District of. Signature of Judge. Richard J.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION PLEA AGREEMENT

2:16-cr GCS-APP Doc # 12 Filed 05/16/16 Pg 1 of 19 Pg ID 28 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF 11ICHIGAN SOUTHERN DMSION

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION. Plaintiff, ) v. ) No CR-W-FJG. Defendant.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION PLEA AGREEMENT

***Please see Nunc Pro Tunc Entry at 2003-Ohio-826.*** IN THE COURT OF APPEALS OF OHIO FOURTH APPELLATE DISTRICT PICKAWAY COUNTY APPEARANCES

Case 2:12-cr AWA-TEM Document 51 Filed 05/09/12 Page 1 of 10 PageID# 147 IN THE UNITED STATES DISTRICT COURT FOR THI

MEMORANDUM AND ORDER

Case 8:06-cr DOC Document 43 Filed 02/08/2008 Page 1 of 5. United States District Court Central District of California

IN THE COURT OF APPEALS OF OHIO THIRD APPELLATE DISTRICT WYANDOT COUNTY PLAINTIFF-APPELLEE, CASE NO

u.s. Department of Justice

Case 2:14-cr JC Document 41 Filed 04/13/15 Page 1 of 15 Page ID #:100

UNITED STATES DISTRICT COURT

COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CRIMINAL ACTION : NO. GUILTY PLEA COLLOQUY

United States District Court Northern District of California

Case 1:15-cr RJD Document 8 Filed 11/23/15 Page 1 of 7 PageID #: 39. WHEREAS, on or about November 21, 2015, SERGIO JADUE (the "defendant"),

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE. JUDGMENT IN A CRIMINAL CASE (For Offenses Committed On or After November 1, 1987)

RULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY RULE 3:21. SENTENCE AND JUDGMENT; WITHDRAWAL OF PLEA; PRESENTENCE INVESTIGATION; PROBATION

Case 8:07-cr CJC Document 50 Filed 12/18/12 Page 1 of 5 Page ID #:213. United States District Court Central District of California

Case 8:15-cr JLS Document 59 Filed 03/09/18 Page 1 of 6 Page ID #:300 United States District Court Central District of California

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

UNITED STATES DISTRICT COURT

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA HAMMOND DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

Case 3:16-cr BR Document 588 Filed 05/19/16 Page 1 of 5

ARTICLE 11A. VICTIM PROTECTION ACT OF 1984.

To distribute property to qualified charitable organizations or for charitable purposes; and

IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

TYPE OF OFFENSE(S) AND SECTION NUMBER(S) LIST OFFENSE(S), CASE NUMBER(S) AND DATE(S) 3. CASE NUMBER(S) AND DATE(S)

Case 1:11-cr RWS -CCH Document 50 Filed 02/07/12 Page 1 of 5

Case 2:08-cr DDP Document 37 Filed 10/19/2009 Page 1 of 5. United States District Court Central District of California

Case 8:07-cr AG Document 141 Filed 01/11/11 Page 1 of 6 Page ID #:2159. United States District Court Central District of California

Case 1:15-cr AWI Document 55 Filed 07/26/16 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Case 5:14-cr Document 589 Filed 04/07/16 Page 1 of 7 PageID #: 15273

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

OCCAOnline Rules of the Court of Criminal Appeals

LIMITED OFFICIAL USE

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION PLEA AGREEMENT

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BUTTE DIVISION

Case 2:17-cr JAK Document 25 Filed 05/15/18 Page 1 of 19 Page ID #:80

EXHIBIT C (Form of Reorganized MIG LLC Agreement)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI ST. JOSEPH DIVISION

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014).

Transcription:

8:10-cr-00119-LSC -TDT Doc # 7 Filed: 03/29/10 Page 1 of 5 - Page ID # 6 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA FILED. tj.s. 0\STRlC,T Jut } OIST:rc:T OF NlLRA5KA 10 MAR 29 PM 5: 1 S OFr i c. OF The. CLERK UNITED STATES OF AMERICA, Plaintiff, VS. PACESETTER CORPORATION OF AMERICA, Defendant. 8:10CR119 PLEA AGREEMENT The United States of America, by and through the United States Attorney for the District of Nebraska, and the defendant, PACESETTER CORPORATION OF AMERICA, by and through its Trustee, pursuant to Rule 11 ( c (1 (C of the Federal Rules of Criminal Procedure, agree as follows: 1. PACESETTER CORPORATION OF AMERICA agrees to plead guilty to a criminal Information that charges conversion of employee deductions and COBRA payments totaling $58,227.00 intended for the administrator of its self-funded health plan, in violation or Title 18, United States Code, Scctiott:J. PACESETTER CORPORA Tl ON OF AMERl C A will also enter a plea of guilty to the conversion of $8,571.00 of funds from its employees intended for the company's life and disability insurance plan, in violation of Title 18, United States Code, Section 664. 2. PACESETTER CORPORATION OF AMERICA understands that the maximum penalty for each count is a fine of not more than $500,000.00 (18 U.S.C. 357l(c(5 and a term

8:10-cr-00119-LSC -TDT Doc # 7 Filed: 03/29/10 Page 2 of 5 - Page ID # 7 of probation of not less than one (1 and not more than five (5 years. In addition to the above, a special assessment of $400.00 must be imposed for each count of conviction. 3. If acceptable to the Court, PACESETTER CORPORATION OF AMERICA and the United States will waive a Presentence Investigation Report pursuant to Rule 32(c(l of the Federal Rules of Criminal Procedure and ask that PACESETTER CORPORATION OF AMERICA be sentenced at the time the plea is entered. 4. The United States and PACESETTER CORPORATION OF AMERICA jointly recommend that the Court: ( l Order that, immediately upon sentencing, PACESETTER CORPORATION OF AMERICA shall pay restitution in the sum of $67,533.47. PACESETTER CORPORATION OF AMERICA is currently in bankruptcy court in the Western District of Pennsylvania. PACESETTER CORPORATION OF AMERICA has obtained authorization from the Bankruptcy Court to enter its plea of guilty and to allow Mark Aloe, the former Executive Vice President and Chief Financial Officer, to pay $67,533.47 in to the Clerk of the District Court for the District of Nebraska, said funds to be used to make restitution to the former employees of PACESETTER CORPORATION OF AMERICA whose employee deductions were withheld and converted during the period set forth in the Information. Any sums left in the possession of the Clerk of the Court after victims have been unreimbursed or unlocatable, shall be provided to the Crime Victim Fund or its successor, and if such a fund is unavailable, to the general treasury ofthe United States of America; 2

8:10-cr-00119-LSC -TDT Doc # 7 Filed: 03/29/10 Page 3 of 5 - Page ID # 8 (2 Place PACESETTER CORPORATION OF AMERICA on probation for a period of one (1 year under the following terms and conditions: (a No fine is to be imposed as PACESETTER CORPORATION OF AMERICA is currently in Chapter 7 Bankruptcy in the Western District of Pennsylvania with insufficient funds to reimburse its multiple creditors. (b PACESETTER CORPORATION OF AMERICA will continue to work and cooperate with the Bankruptcy Court in the winding down and conclusion of its affairs. 5. MARK ALOE, on behalf of PACESETTER CORPORATION OF AMERICA, agrees to pay, upon sentencing, the special assessment totaling $800.00 due under Title 18, United States Code, Section 3013. 6. In exchange for the agreements made by PACESETTER CORPORATION OF AMERICA and enumerated herein, the United States Attorney for the District of Nebraska agrees not to further prosecute PACESETTER CORPORATION OF AMERICA, or any of its officers, directors, shareholders, or employees, for offenses related to the charges in the Information. This agreement binds only the United States Attorney's Ofiice for tre District of Nebraska. 7. Voluntary Prohibition. PACESETTER CORPORATION OF AMERICA and Mark Aloe agree that Mark Aloe, a former officer, will be prohibited from serving as an administrator, fiduciary, otlicer, trustee, or custodian of, or as a consultant or adviser to, or in any other capacity that involves decision making authority or custody or control of the monies, funds, assets, or property of any employee benefit plan, during or for the period of fourteen (14 years 3

8:10-cr-00119-LSC -TDT Doc # 7 Filed: 03/29/10 Page 4 of 5 - Page ID # 9 after the judgment in this matter becomes final. In return for his voluntary prohibition and his payment of the aforementioned restitution. the United States agrees to dismiss the Indictment previously returned against Mark Aloe at 8:09CR127. Should Mark Aloe violate this voluntary prohibition, the charges against Mark Aloe may be refiled with Mark Aloe agreeing to waive his rights under the Speedy Trial Act and the Statute of Limitations. 8. The United States and PACESETTER CORPORATION OF AMERICA agree that the terms and conditions outlined in this Plea Agreement provide an appropriate disposition of this case. If the Court rejects this Plea Agreement or any material provision of the Plea Agreement, the parties shall be released from their obligations under this Plea Agreement and it shall be null and void. 9. In the event the Court accepts and implements this Plea Agreement in its entirety, PACESETTER CORPORATION OF AMERICA expressly waives all defenses or objections to the Information and reserves no future defenses or rights to appeal any decision of the Court. 10. Robert 0. Lampl, Counsel to the Trustee for PACESETTER CORPORATION OF AMERICA, has been specifically authorized and designated by the bankruptcy court in the Western District of Pennsylvania to appear and enter the plea, and he will so appear for the entry of the guilty plea and the imposition of the sentence in the United States District Court for the District ofnebraska. 11. The parties agree that the allegations set forth in the Information constitute the factual basis for the plea pursuant to Rule 11(b(3 of the Federal Rules of Criminal Procedure. 4

8:10-cr-00119-LSC -TDT Doc # 7 Filed: 03/29/10 Page 5 of 5 - Page ID # 10 12. This agreement applies only to criminal prosecution. Nothing in this agreement shall be construed to limit any federal, state, or local civil or administrative action. 13. No promises, agreements, or conditions have been entered into other than those set forth in this Plea Agreement and none will be entered into unless in writing and signed by all parties.. 3kt/;tJ Date MICHAEL P. NORRIS Assistant United States Attorney :l\'" ' -- Date 0.l --- ROBERT 0. LAMPL Counsel to the Trustee for PACESETTER CORPORATION OF AMERICA r;;j_ THOMAS J. FARRELL Attorney for MARK ALOE 5