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03-3085 - USA v. Blanket Corporation et al


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03-3085 - USA v. Blanket Corporation et al
April 18, 2005
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REPORT, RECOMMENDATION, and ORDER to Judge Richard G. Kopf that: he accept the guilty plea and find the defendant guilty of the crime to which the defendant tendered a guilty plea; and he not accept the plea agreement at this time, but rather that he consider the Rule 11(c)(1)(C) agreement at sentencing as to defendant Vernon Strauch. Signed by Magistrate Judge David L. Piester on 4/19/2005. (JAR)
April 18, 2005
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REPORT, RECOMMENDATION AND ORDER recommending to Judge Kopf that he accept the guilty plea and consider any written plea agreement; if any party desires to object to this report and recommendation they shall do so no later than 10 calendar days as to defendant Blanket Corporation signed by Magistrate Judge David L. Piester on 4/18/2005. (SED)
May 5, 2005
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ORDER as to Vernon Strauch. It is ordered that: (1) The report and recommendation 146 is accepted. (2) The defendant is found guilty. The plea is accepted. The court decides that the plea of guilty is knowing, intelligent, voluntary, and that there is a factual basis for the plea. (3) If there is a plea agreement, I defer acceptance of the plea agreement until the time of sentencing pursuant to Rule 11(c)(3). Unless otherwise stated at the time of sentencing, the plea agreement will be deemed accepted upon the pronouncement of the judgment and sentence. (4) This case shall proceed to sentencing. Signed by Judge Richard G. Kopf on 5/5/2005. (KLL, )
May 5, 2005
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ORDER as to Blanket Corporation. It is ordered that: (1) The report and recommendation 151 is accepted. (2) The defendant is found guilty. The plea is accepted. The court decides that the plea of guilty is knowing, intelligent, voluntary, and that there is a factual basis for the plea. (3) If there is a plea agreement, I defer acceptance of the plea agreement until the time of sentencing pursuant to Rule 11(c)(3). Unless otherwise stated at the time of sentencing, the plea agreement will be deemed accepted upon the pronouncement of the judgment and sentence. (4) This case shall proceed to sentencing. Signed by Judge Richard G. Kopf on 5/5/2005. (KLL, )
May 11, 2005
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MEMORANDUM AND ORDER as to Phillip Colley, Sherrie Busselman. Trial of the case UNITED STATES v. PHILLIP COLLEY is set to commence before the Hon. Richard G. Kopf, United States District Judge at 9:00 a.m. September 12, 2005 in Courtroom #1, United States Courthouse, Lincoln, Nebraska. Jury selection will be at commencement of trial. Trial is scheduled for a duration of ten trial days. Trial of the case UNITED STATES v. SHERRIE BUSSELMAN is set to commence before the Hon. Richard G. Kopf, United States District Judge at 9:00 a.m. October 3, 2005 in Courtroom #1, United States Courthouse, Lincoln, Nebraska. Jury selection will be at commencement of trial. Trial is scheduled for a duration of five trial days. The court having previously found this case to be complex within the meaning of the Speedy Trial Act, 18 U.S.C. sec. 3161(h)(8)(A) and (B)(ii), it remains true that to force the defendants to go to trial before these dates would be unjust. For this reason, the entire case was previously, and remains, exempt from the time limitations of the Speedy Trial Act. Excludable started as to defendant(s) Phillip Colley, Sherrie Busselman. Signed by Magistrate Judge David L. Piester on 5/11/2005. (GJG, )MEMORANDUM AND ORDER as to Phillip Colley, Sherrie Busselman. Trial of the case UNITED STATES v. PHILLIP COLLEY is set to commence before the Hon. Richard G. Kopf, United States District Judge at 9:00 a.m. September 12, 2005 in Courtroom #1, United States Courthouse, Lincoln, Nebraska. Jury selection will be at commencement of trial. Trial is scheduled for a duration of ten trial days. Trial of the case UNITED STATES v. SHERRIE BUSSELMAN is set to commence before the Hon. Richard G. Kopf, United States District Judge at 9:00 a.m. October 3, 2005 in Courtroom #1, United States Courthouse, Lincoln, Nebraska. Jury selection will be at commencement of trial. Trial is scheduled for a duration of five trial days. The court having previously found this case to be complex within the meaning of the Speedy Trial Act, 18 U.S.C. sec. 3161(h)(8)(A) and (B)(ii), it remains true that to force the defendants to go to trial before these dates would be unjust. For this reason, the entire case was previously, and remains, exempt from the time limitations of the Speedy Trial Act. Excludable started as to defendant(s) Phillip Colley, Sherrie Busselman. Signed by Magistrate Judge David L. Piester on 5/11/2005. (GJG, )
May 18, 2005
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AMENDED ORDER ON SENTENCING SCHEDULE as to defendant Vernon Strauch. It is ordered that the defendant's motion to extend sentencing deadlines and motion to continue sentencing date 161 is granted in part and denied in part. Deadlines are extended 60 days, and sentencing is rescheduled to 9/8/2005 at 12:00 noon before Judge Kopf in Lincoln.Signed by Judge Richard G. Kopf on 5/18/2005. (KLL, )
May 19, 2005
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ORDER denying 163 Motion to Modify Conditions of Release as to Phillip Colley (4). Signed by Magistrate Judge David L. Piester on 5/19/2005. (GJG, )
July 6, 2005
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AMENDED ORDER ON SENTENCING SCHEDULE as to defendant Blanket Corporation. It is ordered that: (1) Defendant's motion to extend sentencing schedule 165 is granted; (2) Sentencing deadlines reset; (3) Sentencing reset to 9/9/2005 01:00 PM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf; etc. Signed by Judge Richard G. Kopf on 7/6/2005. (KLL, )
July 26, 2005
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ORDER striking Brief168 as to defendant Vernon Strauch. Incorrect document attached. Document has been refiled. Signed by Judge Richard G. Kopf on 7/26/2005. (JAR)
August 2, 2005
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SECOND AMENDED ORDER ON SENTENCING SCHEDULE as to Vernon Strauch. It is ordered that (1) The defendant's motion to extend deadline to assert objections to presentence investigation report 171 is granted; (2) Deadlines are extended; (3) Sentencing is rescheduled to 9/16/2005 at 12:30 PM before Judge Kopf in Lincoln. Signed by Judge Richard G. Kopf on 8/2/2005. (KLL, )
August 17, 2005
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ORDER as to defendant Phillip Colley. It is ordered that: (1) This case, insofar as it concerns this defendant, is removed from the trial docket based upon the request of the defendant. (2) A hearing on the defendant's anticipated plea of guilty is scheduled before the undersigned United States district judge on the 12th day of September, 2005, at the hour of 12:00 noon, in Courtroom No. 1, United States Courthouse and Federal Building, 100 Centennial Mall, North, Lincoln, Nebraska. (3) On or before the date set for the plea proceeding, counsel for plaintiff and for defendant shall provide to the assigned probation officer their respective versions of the offense for purposes of preparing the presentence investigation report. (4) For this defendant, the time between today's date and the hearing on the anticipated plea of guilty is excluded for purposes of computing the limits under the Speedy Trial Act. See 18 U.S.C. sec. 3161(h)(1)(I)&(h)(8)(A)(B).*** Change of Plea Hearing set for 9/12/2005 12:00 PM in Courtroom 1 (Omaha) before Judge Richard G. Kopf; XT excludable started 8/17/2005-9/12/2005; termed 9/12/2005 trial date. Signed by Judge Richard G. Kopf on 8/17/2005. (KLL, )
August 23, 2005
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Blanket Corporation. It is ordered that the parties are herewith notified that my tentative findings are that the presentence report is correct in all respects.Signed by Judge Richard G. Kopf on 8/23/2005. (KLL, )
August 31, 2005
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ORDER re: "reasonable doubt" standard at sentencing, and the clerk shall file this Memorandum and Order in all pending criminal cases;as to defendant(s) Blanket Corporation, Independent Living Apartments, Stony Ridge Day Treatment, Phillip Colley, Vernon Strauch, Sherrie Busselman. Signed by Judge Richard G. Kopf on 8/31/2005. (PSM, )ORDER re: "reasonable doubt" standard at sentencing, and the clerk shall file this Memorandum and Order in all pending criminal cases;as to defendant(s) Blanket Corporation, Independent Living Apartments, Stony Ridge Day Treatment, Phillip Colley, Vernon Strauch, Sherrie Busselman. Signed by Judge Richard G. Kopf on 8/31/2005. (PSM, )ORDER re: "reasonable doubt" standard at sentencing, and the clerk shall file this Memorandum and Order in all pending criminal cases;as to defendant(s) Blanket Corporation, Independent Living Apartments, Stony Ridge Day Treatment, Phillip Colley, Vernon Strauch, Sherrie Busselman. Signed by Judge Richard G. Kopf on 8/31/2005. (PSM, )ORDER re: "reasonable doubt" standard at sentencing, and the clerk shall file this Memorandum and Order in all pending criminal cases;as to defendant(s) Blanket Corporation, Independent Living Apartments, Stony Ridge Day Treatment, Phillip Colley, Vernon Strauch, Sherrie Busselman. Signed by Judge Richard G. Kopf on 8/31/2005. (PSM, )ORDER re: "reasonable doubt" standard at sentencing, and the clerk shall file this Memorandum and Order in all pending criminal cases;as to defendant(s) Blanket Corporation, Independent Living Apartments, Stony Ridge Day Treatment, Phillip Colley, Vernon Strauch, Sherrie Busselman. Signed by Judge Richard G. Kopf on 8/31/2005. (PSM, )ORDER re: "reasonable doubt" standard at sentencing, and the clerk shall file this Memorandum and Order in all pending criminal cases;as to defendant(s) Blanket Corporation, Independent Living Apartments, Stony Ridge Day Treatment, Phillip Colley, Vernon Strauch, Sherrie Busselman. Signed by Judge Richard G. Kopf on 8/31/2005. (PSM, )
September 7, 2005
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ORDER as to Blanket Corporation. It is ordered that: (1) The defendant's motion to continue sentencing 176 is granted; (2) Defendant Blanket Corporation's sentencing is continued to Friday, September 16, 2005, at 1:00 p.m., before the undersigned United States District Judge, in Courtroom No. 1, Robert V. Denney Federal Building and United States Courthouse, Lincoln, Nebraska. Since this is a criminal case, the defendant shall be present unless excused by the court. Signed by Judge Richard G. Kopf on 9/7/2005. (KLL, )
September 8, 2005
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ORDER as to defendant Sherrie Busselman. It is ordered that: (1) This case, insofar as it concerns this defendant, is removed from the trial docket based upon the request of the defendant. (2) A hearing on the defendant's anticipated plea of guilty is scheduled before the undersigned United States district judge on the 22nd day of September, 2005, at the hour of 4:30 p.m., in Courtroom No. 1, United States Courthouse and Federal Building, 100 Centennial Mall, North, Lincoln, Nebraska. (3) On or before the date set for the plea proceeding, counsel for plaintiff and for defendant shall provide to the assigned probation officer their respective versions of the offense for purposes of preparing the presentence investigation report. (4) For this defendant, the time between today's date and the hearing on the anticipated plea of guilty is excluded for purposes of computing the limits under the Speedy Trial Act. See 18 U.S.C. sec. 3161(h)(1)(I)&(h)(8)(A)(B).***Change of Plea Hearing set for 9/22/2005 04:30 PM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf; XT excludable started 9/8/2005-9/22/2005; termed 10/3/2005 trial date. Signed by Judge Richard G. Kopf on 9/8/2005. (KLL, )
September 12, 2005
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report and Addendum as to defendant Vernon Strauch. It is ordered that: (1) The defendant's objections set forth in the addendum regarding the amount of loss, the defendant's role in the offense, and use of the 2004 Guidelines Manual will be resolved at sentencing; (2) The defendant's motion 167 for departure due to age and poor health will be resolved at sentencing; (3) The parties are herewith notified that my tentative findings are that the presentence report is otherwise correct in all respects; ETC. Signed by Judge Richard G. Kopf on 9/12/2005. (KLL, )
September 22, 2005
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JUDGMENT as to Blanket Corporation (1). Defendant pleaded guilty to Counts I and IX of the Indictment and is hereby sentenced to probation for a term of three (3) years; $800 Special Assessment and $250,000 in restitution; Count(s) 10-16, 2-8, Dismissed on the motion of the United States as to this Defendant only. 4 CERTIFIED COPIES TO USM. Signed by Judge Richard G. Kopf on 9/22/2005. (GJG, )
September 22, 2005
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JUDGMENT as to Vernon Strauch (5). Count(s) 1, Defendant pleaded guilty to Count I of the Indictment and is hereby committed to the United States Bureau of Prisons to be imprisoned for a term of 12 months and one (1) day; three (3) years of Supervised Release with Special Conditions; $100 Speical Assessment (PAID) and Restitution in the amount of $250,000; Count(s) 10-16, 17, 2-8, 9, Dismissed on the motion of the United States as to this defendant only as to defendant(s) Vernon Strauch. 4 CERTIFIED COPIES TO USM. Signed by Judge Richard G. Kopf on 9/22/2005. (GJG, )
November 17, 2005
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report as to defendant Phillip Colley. It is ordered that the parties are herewith notified that my tentative findings are that the presentence report is correct in all respects; ETC. Signed by Judge Richard G. Kopf on 11/17/2005. (KLL, )
December 6, 2005
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report and Addendum as to defendant Sherrie Busselman. It is ordered that: (1) The defendant's objection 207 regarding a lack of mitigating role reduction is denied. Noting that the defendant does not challenge the factual accuracy of the presentence report, and, indeed, relies upon it, due to the long standing and repetitive nature of the defendant's fraudulent over-billing of her own counseling services and the fact that the defendant's personal behavior involved more than minimal planning, the defendant is not entitled to a mitigating role adjustment even after comparing her behavior to that of Mr. Strauch and Mr. Colley. (2) The parties are herewith notified that my tentative findings are that the presentence report is correct in all respects; ETC.Signed by Judge Richard G. Kopf on 12/6/2005. (KLL, )
December 13, 2005
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JUDGMENT as to Phillip Colley (4), Count(s) 1. Defendant pleaded guilty to Count I of the Indictment and is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of 22 months and 12 days; 3 years Supervised Release with Special Conditions. Supervised release to run concurrent with Case No. 4:03CR3086; $100 Special Assessment; Restitution in the amount of $250,000.00; Count(s) 10-16, 17, 2-8, 9, Dismissed on the motion of the United States as to defendant(s) Phillip Colley. 4 Certified Copies to USM. Signed by Judge Richard G. Kopf on 12/13/2005. (GJG, )
December 16, 2005
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JUDGMENT as to Sherrie Busselman (6), Defendant pleaded guilty to Counts I, II and III of the Information and committed to the custody Bureau of Prisons for a period of Time Served; 1 year supervised release with special conditions; pay special assessment in the amount of $75.00 (this has been paid) and $250,000 restitution, to be paid jointly and severally with codefendants Phillip Colley, Vernon Strauch and Blanket Corporation. The indictment is dismissed on the motion of the United States as to this defendant only. Criminal Case Terminatedas to defendant Sherrie Busselman. Signed by Judge Richard G. Kopf on 12/16/2005. 4 certified copies to USM.(CCB )
March 17, 2006
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ORDER - This matter is before the Court on plaintiff's motion for order of dismissal, filing No. 228. Pursuant thereto, IT IS ORDERED plaintiff's motion is granted; all counts of the indictment are dismissed as to Independent Living Apartments, Inc. and Stony Ridge Day Treatment, Inc. Signed by Judge Richard G. Kopf on 3/17/2006. (GJG, )ORDER - This matter is before the Court on plaintiff's motion for order of dismissal, filing No. 228. Pursuant thereto, IT IS ORDERED plaintiff's motion is granted; all counts of the indictment are dismissed as to Independent Living Apartments, Inc. and Stony Ridge Day Treatment, Inc. Signed by Judge Richard G. Kopf on 3/17/2006. (GJG, )
December 14, 2006
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ORDER MODIFYING Judgment, 190 as to defendant(s) Blanket Corporation. Ordered by Judge Richard G. Kopf. Copy to the Financial Department.(GJG, )
February 14, 2007
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ORDER regarding government's exhibits in this case are to be returned to the United States attorney for appropriate disposition regarding hearings held on 12/19/03, 3/9/04, and 2/23/05 as to defendant Phillip Colley. Ordered by Judge Richard G. Kopf.(CCB)
February 14, 2007
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ORDER - Pursuant to NECivR 79.1(f) or NECrimR 55.1(g), counsel for defendants, Vernon Strauch, shall either 1) withdraw the following exhibits previously submitted in this matter within 10 business days of the date of this order, or 2) show cause why the exhibits should not be destroyed, as to defendant Vernon Strauch. Ordered by Judge Richard G. Kopf.(CS, )
August 8, 2008
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ORDER that the clerk is authorized to have disbursed the three restitution checks at issue here from Unclaimed Fund 613300 as to defendants Blanket Corporation, Independent Living Apartments, Stony Ridge Day Treatment, Phillip Colley, Vernon Strauch, Sherrie Busselman. Ordered by Chief Judge Joseph F. Bataillon. (ADB )ORDER that the clerk is authorized to have disbursed the three restitution checks at issue here from Unclaimed Fund 613300 as to defendants Blanket Corporation, Independent Living Apartments, Stony Ridge Day Treatment, Phillip Colley, Vernon Strauch, Sherrie Busselman. Ordered by Chief Judge Joseph F. Bataillon. (ADB )ORDER that the clerk is authorized to have disbursed the three restitution checks at issue here from Unclaimed Fund 613300 as to defendants Blanket Corporation, Independent Living Apartments, Stony Ridge Day Treatment, Phillip Colley, Vernon Strauch, Sherrie Busselman. Ordered by Chief Judge Joseph F. Bataillon. (ADB )ORDER that the clerk is authorized to have disbursed the three restitution checks at issue here from Unclaimed Fund 613300 as to defendants Blanket Corporation, Independent Living Apartments, Stony Ridge Day Treatment, Phillip Colley, Vernon Strauch, Sherrie Busselman. Ordered by Chief Judge Joseph F. Bataillon. (ADB )ORDER that the clerk is authorized to have disbursed the three restitution checks at issue here from Unclaimed Fund 613300 as to defendants Blanket Corporation, Independent Living Apartments, Stony Ridge Day Treatment, Phillip Colley, Vernon Strauch, Sherrie Busselman. Ordered by Chief Judge Joseph F. Bataillon. (ADB )ORDER that the clerk is authorized to have disbursed the three restitution checks at issue here from Unclaimed Fund 613300 as to defendants Blanket Corporation, Independent Living Apartments, Stony Ridge Day Treatment, Phillip Colley, Vernon Strauch, Sherrie Busselman. Ordered by Chief Judge Joseph F. Bataillon. (ADB )