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UNIX System V/386 Release 3.2 ³ Public Access to Court Electronic Records Docket Report Output Menu Docket for case 1:94cr00057-2 consists of 7 pages. Report was generated on: 8/11/97 . X---------------------------------------------------------------------------X PACER session date: Thursday May 28, 1998 05:28:09 PM EST Docket as of August 11, 1997 7:03 pm Page 1 Proceedings include all events. 1:94cr57-2 USA v. Kinney, et al CLOSED CLOSED U.S. District Court Eastern District of Virginia (Alexandria) CRIMINAL DOCKET FOR CASE #: 94-CR-57-2 USA v. Kinney, et al Filed: 02/16/94 Case Assigned to: Judge Unassigned Dkt# in other court: None ELECTRONIC SYSTEMS ASSOCIATES, Robert Stanley Powell INC. [term 04/08/94] defendant [COR LD NTC cja] [term 04/08/94] 2200 Wilson Blvd Suite 800 Arlington, VA 22201 (703) 527-6664 Neil Sanders [term 02/28/94] [COR LD NTC ret] Neil Sanders and Associates 2212 East 4th Avenue Tampa, FL 33605 N/A (813) 248-2998 Defendant Assigned to: Judge James C. Cacheris Pending Counts: NONE Terminated Counts: Disposition 18:371 CONSPIRACY to Defraud Dismissed on US motion. the U.S. by Wire Fraud; by (1) False Statements; by False Claims; and by Money Laundering. (June 1992) (1) 18:1343 & 2 Wire Fraud. (Ct. Dismissed on US motion. 2: 2/26/91); (Ct. 3: 2/27/91); (2 - 5) (Ct. 4: 2/28/91); (Ct. 5: 2/28/91). (2 - 5) 18:1001 & 2 FALSE STATEMENTS. Dismissed on US motion. (3/12/91) (6) (6) Docket as of August 11, 1997 7:03 pm Page 2 Proceedings include all events. 1:94cr57-2 USA v. Kinney, et al CLOSED 18:287 & 2 FALSE CLAIMS. Dismissed on US motion. (4/02/91) (7) (7) 18:1956 & 2 Money Laundering. Dismissed on US motion. FORFEITURE w/ Respect to (8) Count 8. (8) 18:1343 & 2 WIRE FRAUD. (Ct. Dismissed on US motion. 9: 4/05/91); (Ct. 10: (9 - 11) 5/20/91); (Ct. 11: 12/18/91). (9 - 11) 18:1001 & 2 FALSE STATEMENTS. Dismissed on US motion. (Ct. 12: 5/30/91); (Ct. 13: (12 - 14) 6/27/91); (Ct. 14: 7/31/91). (12 - 14) 18:287 & 2 FALSE STATEMENTS. Dismissed on US motion. (Ct. 15: 6/10/91); (Ct. 16: (15 - 17) 7/08/91); (Ct. 17: 8/12/91). (15 - 17) 18:1956 & 2 Money Laundering. Dismissed on US motion. (Ct. 18: 12/20/91); (Ct. 19: (18 - 19) 12/20/91). FORFEITURE w/ Respect to Counts 18 & 19. (18 - 19) 18:1957 & 2 Engage in Monetary Dismissed on US motion. Transactions in Criminally (20) derived property. (4/04/91) FORFEITURE w/ Respect to Count 20. (20) 18:1957 & 2 Engage in a Dismissed on US motion. Monetary Transaction in (21) Criminally derived property. (7/11/91). FORFEITURE w/ Respect to Count 21. (21) Offense Level (disposition): 4 Complaints: Docket as of August 11, 1997 7:03 pm Page 3 Proceedings include all events. 1:94cr57-2 USA v. Kinney, et al CLOSED NONE U. S. Attorneys: Natalia Combs Greene [COR LD] US Attorney's Office 2100 Jamieson Avenue Alexandria, VA 22314 N/A (703) 299-3700 William T. Henderson [COR LD] US Attorney's Office 2100 Jamieson Avenue Alexandria, VA 22314 N/A (703) 299-3700 Docket as of August 11, 1997 7:03 pm Page 4 Proceedings include all events. 1:94cr57-2 USA v. Kinney, et al CLOSED 2/16/94 1 INDICTMENT, a true bill, returned to judge Bryan in open Court & filed as to Lemuel Kinney (1) count(s) 1, 2-5, 6, 7, 8, 9-11, 12-14, 15-17, 18-19, 20, 21, Electronic Systems Associates, Inc. (2) count(s) 1, 2-5, 6, 7, 8, 9-11, 12-14, 15-17, 18-19, 20, 21. Atty. notified. Summonses to issue. (maho) [Entry date 02/22/94] [Edit date 02/23/94] 2/16/94 -- Arraignment set for 9:00 2/28/94 for Lemuel Kinney, for Electronic Systems Associates, Inc. (maho) [Entry date 02/22/94] 2/16/94 2 EX PARTE MOTION as to Lemuel Kinney, Electronic Systems Associates, Inc. by USA for Restraining Order & Brief in support thereof. (maho) [Entry date 02/23/94] 2/16/94 -- Motion hearing held as to Lemuel Kinney, Electronic Systems Associates, Inc. re: [2-1] motion by USA for Restraining Order before Judge Albert V. Bryan Jr. ( Reporter: Farmer) USA appeared through: Henderson(DOJ). Motion heard ex parte and granted upon presentation of order w/modifications directed by Court. (spoo) [Entry date 02/23/94] 2/16/94 3 ORDER as to Lemuel Kinney, Electronic Systems Associates, Inc. granting [2-1] motion by USA for Restraining Order as to Lemuel Kinney (1), Electronic Systems Associates, Inc. (2) entered and filed ( Signed by Judge Albert V. Bryan Jr. ) Copies Mailed: yes (spoo) [Entry date 02/23/94] 2/18/94 -- SUMMONS(ES) issued for Lemuel Kinney, Electronic Systems Associates, Inc. returnable 2-28-94 at 9:00 for arraignment and given to Marshal for service. (spoo) [Entry date 02/23/94] 2/28/94 -- Arraignment as to Electronic Systems Associates, Inc. held. Plea of NG and jury demand entered on behalf of the corporation by co-deft. Lemuel Kinney. 20 days to file motions. Motion Hearing set for 9:00 4/22/94 Jury Trial set for 10:00 5/4/94. All exhibits, etc. to be filed w/clerk w/i 5 working days before trial. ; before Judge James C. Cacheris ( Reporter:Farmer) USA appeared through: Wm.Henderson & N.Green Dft(s) appeared with N.Sanders & T. Taylor (rwar) [Entry date 02/28/94] [Edit date 02/28/94] 2/28/94 -- Initial appearance as to Electronic Systems Associates, Inc. held before Judge James C. Cacheris ( ) (Defendant informed of rights.) (rwar) [Entry date 02/28/94] 2/28/94 4 MOTION as to Lemuel Kinney, Electronic Systems Associates, Inc. by USA for Pretrial Conference pursuant to the Classified Information Procedures Act (maho) [Entry date 02/28/94] Docket as of August 11, 1997 7:03 pm Page 5 Proceedings include all events. 1:94cr57-2 USA v. Kinney, et al CLOSED 2/28/94 7 NOTICE of Appearance for Lemuel Kinney, Electronic Systems Associates, Inc. by Attorney Thomas A. T. Taylor (spoo) [Entry date 03/01/94] 2/28/94 8 NOTICE of Appearance for Lemuel Kinney, Electronic Systems Associates, Inc. by by local counsel Attorney Joseph Ferrusi (spoo) [Entry date 03/01/94] 2/28/94 9 ORDER as to Lemuel Kinney, Electronic Systems Associates, Inc., that the deft. surrender his weapons to the U.S. Marshal in Florida ( Signed by Judge James C. Cacheris ) Copies Mailed. (maho) [Entry date 03/02/94] 3/2/94 10 ORDER granting [4-1] motion by USA for Pretrial Conference pursuant to the Classified Information Procedures Act as to Lemuel Kinney (1), Electronic Systems Associates, Inc. (2) & that such Conference will be held on 3-11-94 @ 9:00a.m. Signed by Judge James C. Cacheris ) Copies Mailed. (maho) [Entry date 03/04/94] 3/4/94 11 MOTION as to Lemuel Kinney, Electronic Systems Associates, Inc. by USA for an Order to protect against the unauthorized disclosure of Classified Information (maho) [Entry date 03/04/94] 3/4/94 12 NOTICE of Hearing as to Lemuel Kinney, Electronic Systems Associates, Inc. Motion Hearing set for 9:00 3/11/94 for [11-1] motion by USA for an Order to protect against unauthorized disclosure of Classified Information (maho) [Entry date 03/04/94] 3/11/94 -- Motion hearing held as to Lemuel Kinney, Electronic Systems Associates, Inc. re: [11-1] motion by USA for an Order to protect against the unauthorized disclosure of Classified Information -granted. Court will appoint counsel to represent corporation deft. CIPA hearing to be held 4-27-94 @10:00 Filings due 4-18-94. Discovery order entered and filed. Local counsel waived at hearings. Deft. Kinney released on $25,000. PR bond with special conditions he live in Florida. before Judge James C. Cacheris ( Reporter:Farmer) USA appeared through: Wm.Henderson & N.Green Dft(s) with Neil Sanders. (rwar) [Entry date 03/15/94] 3/11/94 14 ORDER as to Lemuel Kinney, Electronic Systems Associates, Inc., for Discovery & Inspection ( Signed by Judge James C. Cacheris Copies Mailed: y (rwar) [Entry date 03/15/94] 3/11/94 15 ORDER granting [11-1] motion by USA for an Order to protect against the unauthorized disclosure of Classified Information as to Lemuel Kinney (1), Electronic Systems Associates, Inc. (2) ( Signed by Judge James C. Cacheris ) Copies Mailed: y (rwar) [Entry date 03/15/94] Docket as of August 11, 1997 7:03 pm Page 6 Proceedings include all events. 1:94cr57-2 USA v. Kinney, et al CLOSED 3/11/94 16 ORDER as to Electronic Systems Associates, Inc., Appointing Counsel Stan Powell. ( Signed by Judge James C. Cacheris ) Copies Mailed: y (rwar) [Entry date 03/15/94] 3/11/94 -- Motion hearing as to Lemuel Kinney, Electronic Systems Associates, Inc. re: CIPA motions set for 4-27-94 @10:00. Filings due 4-18-94. (rwar) [Entry date 03/15/94] 3/14/94 18 MARSHAL'S return on SUMMONS Returned Executed 2/25/94 as to Electronic Systems Associates, Inc. (bonn) [Entry date 03/17/94] 3/14/94 19 MOTION by Electronic Systems Associates, Inc., Lemuel Kinney for Joseph Ferrusi to Withdraw as Attorney Pro Hac Vice (bonn) [Entry date 03/17/94] 3/17/94 -- NOTE:Left message with Joseph Ferrusi to notice motion for withdraw of appearance (bonn) [Entry date 03/17/94] 4/8/94 22 ORDER as to Lemuel Kinney, Electronic Systems Associates, Inc. dismissing cts. 1-10, 11-19 and 21 of the indictment against Kinney and all counts against Electronic Systems; and vacating the restraining order issued 2/16/94 ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: y (tcoo) [Entry date 04/20/94] 4/8/94 -- DISMISSAL of Count(s) on Government Motion Terminated motions. Counts Dismissed: Lemuel Kinney (1) count(s) 1, 2-5, 6, 7, 8, 9-10, 12-14, 15-17, 18-19, 21, Electronic Systems Associates, Inc. (2) count(s) 1, 2-5, 6, 7, 8, 9-11, 12-14, 15-17, 18-19, 20, 21 (tcoo) [Entry date 04/20/94] 6/1/94 25 MOTION as to Lemuel Kinney, Electronic Systems Associates, Inc. for sequester of civil restitution by knowledgeable third party & to postpone deft.'s sentencing (maho) [Entry date 06/14/94] 6/10/94 26 RESPONSE by USA as to Lemuel Kinney, Electronic Systems Associates, Inc. in opposition to [25-1] motion for sequester of civil restitution by knowledgeable third party & to postpone deft.'s sentencing (maho) [Entry date 06/14/94] 6/21/94 28 Petition for consideration prior to sentening - filed by David Sweigert (ccur) [Entry date 06/21/94] Docket as of August 11, 1997 7:03 pm Page 7 Proceedings include all events. 1:94cr57-2 USA v. Kinney, et al CLOSED 9/18/96 -- Per Judge Brinkema, [64-1] Motion to Supplement the Record, along w/ attached pleadings, forwarded to USCA for Appellate purposes. (maho) [Entry date 09/18/96] 12/17/96 66 CERTIFIED copy of JUDGMENT of the USCA, together with opinion, decided 10/22/96, affirming the conviction of the district court. (bonn) [Entry date 12/31/96] [END OF DOCKET: 1:94cr57-2] X---------------------------------------------------------------------------X