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07-175 - USA v. Gerhardt


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07-175 - USA v. Gerhardt
December 12, 2007
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ORDER: IT IS HEREBY ORDERED that Defendant Gary C. Gerhardt's Motion to Unseal Transcript 154 is GRANTED, and the transcript from the June 1, 2007, hearing before Judge Henry Autrey in Cause No. 4:07MC236 is unsealed for the limited purpose of providing the transcript to defense counsel for all Defendants in Cause No. 4:07CR175 JCH (provided Defendants make arrangements to pay for their copies of the transcript as appropriate). IT IS FURTHER ORDERED that Judge Autrey's seal of the proceedings remains in effect. Signed by Honorable Jean C. Hamilton on 12/12/07. (TRC)
March 3, 2008
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MEMORANDUM AND ORDER; IT IS HEREBY ORDERED that the joint motions of defendants for leave to serve Rule 17(c) subpoenas and for an early return thereof 108 141 are sustained, except as follows: (a) Instruction 8 shall be modified to state that the relevant time period runs from January 1, 1996, to August 31, 2006. (b) The motions are denied as to Requests 14, 15, and 17 to DRS Technologies, Inc., and Requests 14, 16, and 17 to Thompson Coburn LLP and PricewaterhouseCoopers. (c) Requests 19 and 20 to Thompson Coburn LLP and PricewaterhouseCoopers shall omit the language or were applicable to. Signed by Mag Judge David D. Noce on 03/03/2008; (DJO)MEMORANDUM AND ORDER; IT IS HEREBY ORDERED that the joint motions of defendants for leave to serve Rule 17(c) subpoenas and for an early return thereof 108 141 are sustained, except as follows: (a) Instruction 8 shall be modified to state that the relevant time period runs from January 1, 1996, to August 31, 2006. (b) The motions are denied as to Requests 14, 15, and 17 to DRS Technologies, Inc., and Requests 14, 16, and 17 to Thompson Coburn LLP and PricewaterhouseCoopers. (c) Requests 19 and 20 to Thompson Coburn LLP and PricewaterhouseCoopers shall omit the language or were applicable to. Signed by Mag Judge David D. Noce on 03/03/2008; (DJO)MEMORANDUM AND ORDER; IT IS HEREBY ORDERED that the joint motions of defendants for leave to serve Rule 17(c) subpoenas and for an early return thereof 108 141 are sustained, except as follows: (a) Instruction 8 shall be modified to state that the relevant time period runs from January 1, 1996, to August 31, 2006. (b) The motions are denied as to Requests 14, 15, and 17 to DRS Technologies, Inc., and Requests 14, 16, and 17 to Thompson Coburn LLP and PricewaterhouseCoopers. (c) Requests 19 and 20 to Thompson Coburn LLP and PricewaterhouseCoopers shall omit the language or were applicable to. Signed by Mag Judge David D. Noce on 03/03/2008; (DJO)
March 31, 2008
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REPORT AND RECOMMENDATIONS as to Gary C. Gerhardt, Michael F. Shanahan, Sr, Michael F. Shanahan, Jr IT IS HEREBY RECOMMENDED that the motions of defendant Gary C.Gerhardt to dismiss the indictment because of defects in the grand juryproceedings (Doc. 38) and to dismiss the indictment because offundamental ambiguity in the underlying accounting pronouncements (Doc.39) be denied.IT IS FURTHER RECOMMENDED that the joint motion of defendantsMichael F. Shanahan, Sr., Michael F. Shanahan, Jr., and Gary C. Gerhardtto dismiss the superseding indictment because of fundamental ambiguityin the underlying accounting pronouncements (Doc. 106) be denied.The parties are advised they have ten days to file writtenobjections to this Report and Recommendation. The failure to filetimely written objections may result in a waiver of the right to appealissues of fact. Objections to R&R due by 4/17/2008. Signed by Mag Judge David D. Noce on 3/31/08. (CQL)REPORT AND RECOMMENDATIONS as to Gary C. Gerhardt, Michael F. Shanahan, Sr, Michael F. Shanahan, Jr IT IS HEREBY RECOMMENDED that the motions of defendant Gary C.Gerhardt to dismiss the indictment because of defects in the grand juryproceedings (Doc. 38) and to dismiss the indictment because offundamental ambiguity in the underlying accounting pronouncements (Doc.39) be denied.IT IS FURTHER RECOMMENDED that the joint motion of defendantsMichael F. Shanahan, Sr., Michael F. Shanahan, Jr., and Gary C. Gerhardtto dismiss the superseding indictment because of fundamental ambiguityin the underlying accounting pronouncements (Doc. 106) be denied.The parties are advised they have ten days to file writtenobjections to this Report and Recommendation. The failure to filetimely written objections may result in a waiver of the right to appealissues of fact. Objections to R&R due by 4/17/2008. Signed by Mag Judge David D. Noce on 3/31/08. (CQL)REPORT AND RECOMMENDATIONS as to Gary C. Gerhardt, Michael F. Shanahan, Sr, Michael F. Shanahan, Jr IT IS HEREBY RECOMMENDED that the motions of defendant Gary C.Gerhardt to dismiss the indictment because of defects in the grand juryproceedings (Doc. 38) and to dismiss the indictment because offundamental ambiguity in the underlying accounting pronouncements (Doc.39) be denied.IT IS FURTHER RECOMMENDED that the joint motion of defendantsMichael F. Shanahan, Sr., Michael F. Shanahan, Jr., and Gary C. Gerhardtto dismiss the superseding indictment because of fundamental ambiguityin the underlying accounting pronouncements (Doc. 106) be denied.The parties are advised they have ten days to file writtenobjections to this Report and Recommendation. The failure to filetimely written objections may result in a waiver of the right to appealissues of fact. Objections to R&R due by 4/17/2008. Signed by Mag Judge David D. Noce on 3/31/08. (CQL)
May 28, 2008
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ORDER as to Gary C. Gerhardt, Michael F. Shanahan, Sr, Michael F. Shanahan, Jr re: 38, 106, 186, 39 ORDERED that the Report and Recommendation of the United States Magistrate Judge [Doc. No. 186] is SUSTAINED, ADOPTED, AND INCORPORATED herein. IT IS FURTHER ORDERED that Defendant Gary C. Gerhardt's Motion to Dismiss the Indictment--Evidence Presented to the Grand Jury [Doc. No. 38] is DENIED. FURTHER ORDERED that Defendant Gary C. Gerhardt's Motion to Dismiss the Indictment because of Fundamental Ambiguity in the Underlying Accounting Pronouncements [Doc. No. 39] is DENIED. IT IS FURTHER ORDERED that Defendants' Motion to Dismiss the Superseding Indictment because of Fundamental Ambiguity in the Underlying Accounting Pronouncements [Doc. No. 106] is DENIED.. Signed by Honorable Jean C. Hamilton on 5/28/08. (CEL)ORDER as to Gary C. Gerhardt, Michael F. Shanahan, Sr, Michael F. Shanahan, Jr re: 38, 106, 186, 39 ORDERED that the Report and Recommendation of the United States Magistrate Judge [Doc. No. 186] is SUSTAINED, ADOPTED, AND INCORPORATED herein. IT IS FURTHER ORDERED that Defendant Gary C. Gerhardt's Motion to Dismiss the Indictment--Evidence Presented to the Grand Jury [Doc. No. 38] is DENIED. FURTHER ORDERED that Defendant Gary C. Gerhardt's Motion to Dismiss the Indictment because of Fundamental Ambiguity in the Underlying Accounting Pronouncements [Doc. No. 39] is DENIED. IT IS FURTHER ORDERED that Defendants' Motion to Dismiss the Superseding Indictment because of Fundamental Ambiguity in the Underlying Accounting Pronouncements [Doc. No. 106] is DENIED.. Signed by Honorable Jean C. Hamilton on 5/28/08. (CEL)ORDER as to Gary C. Gerhardt, Michael F. Shanahan, Sr, Michael F. Shanahan, Jr re: 38, 106, 186, 39 ORDERED that the Report and Recommendation of the United States Magistrate Judge [Doc. No. 186] is SUSTAINED, ADOPTED, AND INCORPORATED herein. IT IS FURTHER ORDERED that Defendant Gary C. Gerhardt's Motion to Dismiss the Indictment--Evidence Presented to the Grand Jury [Doc. No. 38] is DENIED. FURTHER ORDERED that Defendant Gary C. Gerhardt's Motion to Dismiss the Indictment because of Fundamental Ambiguity in the Underlying Accounting Pronouncements [Doc. No. 39] is DENIED. IT IS FURTHER ORDERED that Defendants' Motion to Dismiss the Superseding Indictment because of Fundamental Ambiguity in the Underlying Accounting Pronouncements [Doc. No. 106] is DENIED.. Signed by Honorable Jean C. Hamilton on 5/28/08. (CEL)
June 17, 2008
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the motions of non-parties Thompson Coburn LLP (Doc. 179), and Pricewaterhouse Coopers LLP (Doc. 183) to quash defendants' Rule 17(c) subpoenas are denied as moot. IT IS FURTHER ORDERED that the motion of non-party DRS Technologies, Inc. (Doc. 181) to quash defendants' Rule 17(c) subpoenas is sustained, except as to Request 8. Not later than June 26, 2008, DRS Technologies shall produce copies of ESSI's Form 10-Ks, Form 10-Qs, and Proxy Statements from January 1, 1996, to August 31, 2006.The parties may have ten days in which to file written objections to this Memorandum and Order. The failure to file timely written objections will waive the right to appeal issues of fact. 179 181 183. Signed by Mag Judge David D. Noce on 6/17/08. (KXS)MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the motions of non-parties Thompson Coburn LLP (Doc. 179), and Pricewaterhouse Coopers LLP (Doc. 183) to quash defendants' Rule 17(c) subpoenas are denied as moot. IT IS FURTHER ORDERED that the motion of non-party DRS Technologies, Inc. (Doc. 181) to quash defendants' Rule 17(c) subpoenas is sustained, except as to Request 8. Not later than June 26, 2008, DRS Technologies shall produce copies of ESSI's Form 10-Ks, Form 10-Qs, and Proxy Statements from January 1, 1996, to August 31, 2006.The parties may have ten days in which to file written objections to this Memorandum and Order. The failure to file timely written objections will waive the right to appeal issues of fact. 179 181 183. Signed by Mag Judge David D. Noce on 6/17/08. (KXS)MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the motions of non-parties Thompson Coburn LLP (Doc. 179), and Pricewaterhouse Coopers LLP (Doc. 183) to quash defendants' Rule 17(c) subpoenas are denied as moot. IT IS FURTHER ORDERED that the motion of non-party DRS Technologies, Inc. (Doc. 181) to quash defendants' Rule 17(c) subpoenas is sustained, except as to Request 8. Not later than June 26, 2008, DRS Technologies shall produce copies of ESSI's Form 10-Ks, Form 10-Qs, and Proxy Statements from January 1, 1996, to August 31, 2006.The parties may have ten days in which to file written objections to this Memorandum and Order. The failure to file timely written objections will waive the right to appeal issues of fact. 179 181 183. Signed by Mag Judge David D. Noce on 6/17/08. (KXS)
October 23, 2008
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AMENDED JUDGMENT as to Gary C. Gerhardt (1), Count(s) 10r, 10rs-12rs, 1r, 1rs, 3rs-5rs, 5r, 6r-7r, 6rs-9rs, 8r-9r, Dismissed on the motion of the United States.; Count(s) 2r, Defendant plead guilty to Count 2rs. Defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of 15 months. Upon release from imprisonment, defendant shall be on supervised release for a term of 2 years. Restitution of $1,800,000.00. Fine of $4,000,000.00. Special assessment of $100.00 due immediately..(note: amended to include recommendation for designation);. Signed by Honorable Jean C. Hamilton on 10/23/08. (CEL)
November 7, 2008
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MEMORANDUM AND ORDER as to Gary C. Gerhardt IT IS HEREBY ORDERED that Gary C. Gerhardt's Motion to Reduce, Vacate, Set Aside or Correct the Sentence (Doc. No. 296) is DENIED. Signed by Honorable Jean C. Hamilton on 11/7/08. (MJM)