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Hamedani Trial Information

UNITED STATES V. HAMEDANI, CR 09-0504, CHILDREN’S INTERNET, INC. (“TCI”)

Update: A status hearing is scheduled before Judge Claudia Wilken for November 18, 2009 at 2:30 PM, U.S. District Court, 1301 Clay Street, 4th Floor, Oakland, California for defendants, Nasser V. Hamedani and Sholeh A. Hamadani. The purpose of this hearing is to determine if there are issues that the Court needs to address and to schedule any necessary future court dates.

Notice of Sale of Real Property

United States v. Ruth Thomas, Special Administrator for Estate of Ruth E. Dubois, etc., U.S. District Court, Case No. C-02-1091 MMC

Scott Cacchione Information

US v. David Scott Cacchione (09-CR-00296)

Update: The sentencing date has been changed from September 29, 2009 to October 7, 2009 at 10:00 AM before Judge Breyer, Courtroom 8, 19th Floor.

David Scott Cacchione will make his initial appearance on March 31, 2009 at 9:30 A.M. before Judge James and also on March 31, 2009 at 2:15 P.M., David Scott Cacchione will appear before Judge Breyer for a possible change of plea.

The sentencing hearing for David Scott Cacchione is scheduled for August 4, 2009 at 9:30 A.M., before Judge Breyer, Courtroom 8, 19th Floor.

Del Biaggio III Information

09/22/09 Update: Judgement

U.S. v. William "Boots" Del Biaggio, III

Parties filed simultaneous on March 20, 2009 briefs regarding sentencing.

Update: New sentencing date for William Del Biaggio is scheduled for September 8, 2009 at 9:30 A.M., before Judge Breyer, Courtroom 8, 19th Floor.

U.S. v. Fleet Management Limited and John Joseph Cota

Update: On August 13, 2009, Fleet Management Limited (Hong Kong) (“Fleet”) pleaded guilty to three counts in the pending Second Superseding Indictment as set forth below:

Count One:
Negligent discharge of a harmful quantity of oil, in violation of the Clean Water Act, as amended by the Oil Pollution Act of 1990, Title 33, United States Code, Sections 1319(c)(1)(A) and 1321(b)(3).
Count Five:
Knowing and willful making of a materially false, fictitious, and fraudulent statement and representation in a matter within the jurisdiction of the executive branch of the Government of the United States in violation of Title 18, United States Code, Section 1001(a)(2).
Count Eight:
Obstruction of justice by knowingly altering, concealing, covering up, and falsifying documents with the intent to impede, obstruct, and influence an investigation, in violation of Title 18, United States Code, Section 1519.

Fleet’s entry of guilty pleas to these counts was pursuant to a plea agreement with the government that is subject to approval by Judge Susan Illston of the U.S. District Court for the Northern District of California pursuant to Rule 11(c)(1)(C) of the Federal Rules of Criminal Procedure. Under Rule 11(c)(1)(C) the Court may accept or reject the proposed agreement, but cannot otherwise alter its terms. (Please see attached Plea Agreement.)

If the plea terms are approved by the Court, Fleet will pay a total $10 million criminal penalty. Of this amount, up to $7 million may be assessed under the Clean Water Act/Oil Pollution Act charge (Count One) which will result in those funds being deposited in the Oil Spill Liability Trust Fund created under the statute and which may be used to clean up future oil spills. Of the $10 million, $2 million will be devoted to organizational community service. Those funds will be paid to the National Fish and Wildlife Foundation (“NFWF”), a congressionally chartered foundation, and earmarked for funding environmental projects and initiatives designed to benefit, preserve and restore the marine environment and ecosystems in the Northern District of California, specifically, San Francisco Bay and the Pacific Ocean and including coastal and Bay-side regions and national parks, marine sanctuaries and wildlife refuges located therein and which may include areas that were affected by the discharge of oil from the M/V Cosco Busan on November 7, 2007.

The plea agreement, if accepted by the Court, will also require Fleet to implement a comprehensive and enhanced compliance plan that would include heightened training and voyage planning for ships engaged in trade in the United States. The compliance plan includes audits by an outside and independent firm and review by a Court Appointed Monitor. The enhanced compliance program will be a condition of probation which, under the terms of the agreement, will last three years.

The sentencing hearing for defendant, Fleet Management Limited has been set for December 11, 2009 at 11:00 AM, 19th Floor, 450 Golden Gate Avenue, San Francisco, CA before Judge Susan Illston. If you wish to submit an Impact Statement, please call Nancy Woods at 415-436-6834 and she will be happy to send one to you.

 


Update: The third superseding indictment charges Fleet Management with violations of the Clean Water Act, and the Migratory Bird Act for their role in the Nov 7, 2007, allision of the Cosco Busan with the Bay Bridge and the resultant oil spill. In addition, Fleet Management is charged with making false statements and obstructing justice in the days after the allision.

A status hearing is scheduled before Judge Susan Illston for August 13, 2009 at 11:00 AM, U.S. District Court, Floor 19, 450 Golden Gate Avenue, San Francisco, CA for defendant, Fleet Management Limited. At the hearing, the defendant may enter a change of plea.

A trial is scheduled before Judge Susan Illston on September 14, 2009 at 8:30 AM, U.S. District Court, Floor 19, 450 Golden Gate Avenue, San Francisco, CA for defendant Fleet Management Limited.

 

John Joseph Cota has been sentenced by the Court. The Court ordered the defendant to the following:

 

The sentencing hearing for John Joseph Cota is scheduled for June 19, 2009 at 11:00 A.M., before Judge Illston , Courtroom 10, 19th Floor.

McKesson HBOC

Six former executives of HBO & Co., later McKesson HBOC, have been charged in connection with a scheme to report fraudulent revenue and earnings. The alleged scheme to defraud began at HBO & Co. in late 1997 and continued through approximately April 1999. When the fraud was disclosed, McKesson HBOC lost approximately $8 billion in shareholder value. Four former executives have pleaded guilty to securities fraud and are cooperating in the investigation. Two others remain subject to trial.

Senior Vice President Dominick DeRosa pleaded guilty in 2000 to one count of aiding and abetting securities fraud. (Case No. CR 00-0213 MJJ) No date has been set for Mr. DeRosa’s sentencing.

Controller Timothy Heyerdahl pleaded guilty in 2001 to three counts of insider trading. (Case No. CR 01-0002) Mr. Heyerdahl’s sentencing is set for March 27, 2008 at 10:00 AM, Courtroom 11, 19th Floor, U.S. District Court San Francisco, before Judge Martin J. Jenkins.

CFO Jay Gilbertson pleaded guilty in 2003 to one count of conspiracy and one count of making a false statement in a document that was required to be filed with the Securities and Exchange Commission. (Case No. CR 00-0505 MJJ) Mr. Gilbertson’s sentencing is set for May 27, 2008 at 2:00 PM, Courtroom #9, 19th Floor, U.S. District Court San Francisco, before Judge William Alsup.

President Albert Bergonzi pleaded guilty in 2003 to one count of conspiracy and one count of securities fraud. (Case No. CR 00-0505) Mr. Bergonzi was sentenced in 2007 to 41 months imprisonment.

CEO and Chairman of the Board Charles McCall and General Counsel Jay Lapine were indicted on eight counts of conspiracy, securities fraud, making false filings with the Securities and Exchange Commission, falsifying books and records, and circumventing internal accounting controls. (Case No. CR 00-0505) Following trial in November 2006, Messrs. McCall and Lapine were acquitted of conspiracy. A mistrial was declared with respect to the remaining counts. No date has been set for the re-trial.

All proceedings are in Courtroom 8, U.S. District Court, San Francisco, CA

October 14, 2009 1:30 PM
Pretrial conference for Charles McCall and Jay Lapine
October 26, 2009 7:30 AM
Charles McCall and Jay Lapine trial

 

Reyes Trial Information

UNITED STATES V. GREGORY REYES, CR 06-556 CRB (BROCADE COMMUNICATIONS SYSTEMS, INC.)