Military Supply Scheme Charges Handed Down by Federal Grand Jury
5/1/2010 1:32:24 PM
wgrz.com
U.S. DISTRICT COURT
U.S. District Court, Western District of New York (Buffalo)
CRIMINAL DOCKET FOR CASE #: 1:10-cr-00125-WMS-JJM
All Defendants
Case title: USA v. Magness et al
Date Filed: 04/30/2010
Assigned to: Hon. William M. Skretny
Referred to: Hon. Jeremiah J. McCarthy
Defendant (1) Gregory Magness
Pending Counts
18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
18:1343.F FRAUD BY WIRE, RADIO, OR TELEVISION and 2.
(2)
Highest Offense Level (Opening)
Felony
Defendant (2) Justin Magness
Pending Counts
18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
18:1343.F FRAUD BY WIRE, RADIO, OR TELEVISION and 2.
(2)
Highest Offense Level (Opening)
Felony
Defendant (3) Superior Metal Powders, Inc.
Pending Counts
18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
18:1343.F FRAUD BY WIRE, RADIO, OR TELEVISION and 2.
(2)
Highest Offense Level (Opening)
Felony
Defendant (4) Charles Wright
Pending Counts
18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
18:1343.F FRAUD BY WIRE, RADIO, OR TELEVISION and 2.
(2)
Highest Offense Level (Opening)
Felony
Defendant (5) William Nehill
Pending Counts
18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
18:1343.F FRAUD BY WIRE, RADIO, OR TELEVISION and 2.
(2)
Highest Offense Level (Opening)
Felony
Defendant (6) International Technology Group, Inc.
Pending Counts
18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
18:1343.F FRAUD BY WIRE, RADIO, OR TELEVISION and 2.
(2)
Highest Offense Level (Opening)
Felony
Defendant (7) Eldon Bott
Pending Counts
18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
18:1343.F FRAUD BY WIRE, RADIO, OR TELEVISION and 2.
(2)
Highest Offense Level (Opening)
Felony
Defendant (8) Innovative Materials & Solutions, Inc.
Pending Counts
18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
18:1343.F FRAUD BY WIRE, RADIO, OR TELEVISION and 2.
(2)
Highest Offense Level (Opening)
Felony
Defendant (9) Qian Chen
Pending Counts
18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
Highest Offense Level (Opening)
Felony
Plaintiff
USA
represented by Michael DiGiacomo
U.S. Attorney's Office
Federal Centre
138 Delaware Avenue
Buffalo , NY 14202
(716) 843-5885
Fax: 716-551-3146
Email: michael.digiacomo@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Date Filed # Docket Text
05/25/2010 16 APPEARANCE Bond Entered as to Eldon Bott in amount of $75,000 secured by property. (DZ) (Entered: 05/27/2010)
05/20/2010 12 APPEARANCE Bond Entered as to Charles Wright in amount of $ $75,000 secured by property. (DZ) (Entered: 05/20/2010)
05/14/2010 10 APPEARANCE Bond Entered as to William Nehill in amount of $50,000 secured by property, (DZ) (Entered: 05/17/2010)
05/11/2010 5 ORDER Setting Conditions of Release as to William Nehill (5); $50,000 secured by property. Signed by Hon. Jeremiah J. McCarthy on 5/10/10.(DZ) (Entered: 05/11/2010)
05/10/2010 E-Filing Notification: Correction of corporate defendant from Innovative Materials & Solutions, Inc. (8) to International Technology Group, Inc. (6) Count 1,2 re: 15 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Arraignment as to William Nehill (5) Count 1,2 and International Technology Group, Inc. (6) Count 1,2 held on 5/10/2010.(LL) (Entered: 05/26/2010)
05/10/2010 15 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy:Arraignment as to William Nehill (5) Count 1,2 and International Technology Group, Inc. (6) Count 1,2 held on 5/10/2010, ( Discovery Status Conference set for 9/7/2010 09:30 AM before Hon. Jeremiah J. McCarthy.), Time Excluded as to William Nehill, International Technology Group, Inc. from: 5-10-10, Excludable(s) stopped 9-7-10 as to William Nehill Location start (LR) as to William Nehill. Deft acknowledges receipt of indictment. Gov't summarizes charges and potential penalties. Defts advised of their rights including right to counsel. Deft waives reading of indictment and enter plea of not guilty. BAIL SET IN THE AMT OF $50,000 SECURED BY PROPERTY + CONDITIONS AS STATED ON THE RECORD. Deft understands conditions and any violation may lead to add'l criminal consequences/revocation. PARTIAL SCHEDULING ORDER DISCUSSED/SET: 8-6-10, Voluntary Discovery and 9-7-10 at 9:30 am. Defts may waive appearance. Defense may participate by phone and will advise court at that time. Time excluded, parties agree no days have elapsed, 70 days remain, STA order to follow as to all defts arraigned to date. AUSA M. DiGiacomo, D. Rothenberg w/deft Nehill, as to corporate deft International Technology Group, Inc. and USPO Z. Piotrowicz(LL) Modified on 5/26/2010 (LL). (Entered: 05/21/2010)
05/10/2010 9 APPEARANCE Bond Entered as to Gregory Magness in amount of $ $75,000 secured by property. (DZ) (Entered: 05/12/2010)
05/10/2010 8 ORDER Setting Conditions of Release as to Gregory Magness (1) $75,000 bail secured by property. Signed by Hon. Jeremiah J. McCarthy on 5/6/10.(DZ) (Entered: 05/12/2010)
05/10/2010 7 APPEARANCE Bond Entered as to Justin Magness in amount of $ $50,000 secured by property (DZ) (Entered: 05/12/2010)
05/10/2010 6 ORDER Setting Conditions of Release as to Charles Wright (4) $75,000 bond fully secured by property. Signed by Hon. Jeremiah J. McCarthy on 5/6/10.(DZ) (Entered: 05/12/2010)
05/07/2010 4 ORDER Setting Conditions of Release as to Justin Magness (2) $75,000 secured by property. Signed by Hon. Jeremiah J. McCarthy on 5/6/10.(DZ) (Entered: 05/11/2010)
05/07/2010 3 ORDER Setting Conditions of Release as to Eldon Bott (7) $75,000 secured by property. Signed by Hon. Jeremiah J. McCarthy on 5/6/10.(DZ) (Entered: 05/11/2010)
05/06/2010 PARTIAL SCHEDULING DEADLINE as to Gregory Magness, Justin Magness, Charles Wright, Eldon Bott: Voluntary Discovery to be completed by 8/6/2010. (LL) (Entered: 05/21/2010)
05/06/2010 CJA ASSIGNMENT SUBMISSIONS as to Gregory Magness, Justin Magness due by 5/21/2010. Status Conference set for 5/27/2010 02:00 PM before Hon. Jeremiah J. McCarthy. (LL) (Entered: 05/21/2010)
05/06/2010 14 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy:Arraignment as to Gregory Magness (1) Count 1,2 and Justin Magness (2) Count 1,2 and Charles Wright (4) Count 1,2 and Eldon Bott (7) Count 1,2 held on 5/6/2010, ( Status Conference (review discovery production) set for 9/7/2010 09:30 AM before Hon. Jeremiah J. McCarthy.), Time Excluded as to Gregory Magness, Justin Magness, Charles Wright, Eldon Bott from: 5-6-10, Excludable(s) stopped 9-7-10 as to Gregory Magness, Justin Magness, Charles Wright, Eldon Bott. Defts acknowledge receipt of indictment. Gov't summarizes charges and potential penalties. Gov't advises Atty Molloy (Bott) only appearing for Bott as an individual and not as to Innovative Materials & Solutions, Inc. owned by Bott, reqs time to discuss with Molloy as to if Molloy can also appear for corporation. Defts advised of their rights including right to counsel, waive reading of indictment and enter pleas of not guilty. ATTY APPEARANCES BY HERBERT GREENMAN (limited atty appearance,) FOR GREGORY MAGNESS, JOSEPH LaTONA (limited atty appearance) FOR JUSTIN MAGNESS -- both Magness defts intend to apply for CJA assignment, Greenman and LaTona willing to accept court assignment, defts willing to contribute towards defense. Court acknowledges receipt of fin'l aff'ds from Magness defts, Greenman and LaTona proffer in support of assignment of counsel, LaTona reqs permission to submit interim CJA voucher as sole practitioner if appointed (every 6 months). Court sets deadline for Greenman and LaTona to provide submissions in support of CJA assignments w/court directive to submit retainer agreements, proposal what Magness defts could contribute towards defense, retainer agreements (redacted if deemed privileged) -- Gov't takes no position. CJA assignment issue submission schedule set for 5-21-10 -- STATUS CONF re: CJA assignment issue set for 5-27-10 a t 2 pm. DECISION RESERVED. RODNEY PERSONIUS (fully retained) FOR CHARLES WRIGHT AND MARK MOLLOY (fully retained) FOR ELDON BOTT. Bail as to defts G. Magness, Wright and Bott in the amt of $75,000 -- Bail as to deft J. Magness in the amt of $50,000 -- all w/co-signature of defts' wives as co-owners -- all secured by property + conditions of release as stated on the record. Surety/wives Norma Magness (Gregory Magness) and Jennifer Magness (Justin Magness) present, examined and found acceptable. Arrangments made for surety/wives Patricia Wright to appear in two weeks in Buffalo and Nancy Bott to appear in District of Utah to execute bail documents. Personius (Wight) refers to page 2 of the PTS rpt under the hea ding "Employment History and Resources" re: stocks -- same does not indicate it's a retirement acct and under "Monthly Income" PTS rpts net income -- it's actually gross income. Discussion re: Personius (Wright) email as to firearms and ammunition, Molloy (Bott) does not take issue w/condition -- USPO reiterates her PTS recommendation all firearms be removed from the premises followed by colloquy re: statute interpretation as to whether or not possession of ammunition is a violation of 18:922(n) -- Gov't takes no position and leave issue to the discretion of the court -- USPO remains silent -- court not imposing no firearm/ammunition possession as a condition, court not interpreting the statute at this time whether possession is or is not a violation of 18:922(n) w/admonishment to Personius to proceed at his own peril as to receipt of another firearm or other ammunition that has traveled in interstate/foreign commerce, etc. Personius indicates deft Wright understands issue re: firearms/ammunition. Discussion re: discovery, scheduling order deadlines and timetable to rpt back -- scheduling order deadlines deferred until all defts arraigned -- all parties agree to do so followed by Gov't's rpt on discovery discussions w/defense and volume of discovery for production -- COURT SETS 8-6-10 AS DEADLINE FOR VOLUNTARY DISCOVERY & STATUS CONF (to rpt back on discovery production/defense review of discovery). Time excluded to 5-27-10 (as to defts Magness). Time excluded as to 9-7-10 (as to defts Wright and Bott). All parties agree no days have elapsed, 70 days remain, STA order to follow. Gov't advises defts have been processed by USMS. NOTE: AUSA DiGiacomo have Agreements to Forfeit Property for completion as to real property information, signature and return to CRD Lewis for processing. AUSA M. DiGiacomo, H. Greenman w/deft G. Magness, J. LaTona w/deft J. Magness, R. Personius w/deft Wright, M. Molloy w/deft Bott and USPO Z. Piotrowicz and USPO T. Blackman(LL) (Entered: 05/21/2010)
04/30/2010 2 TEXT ORDER OF REFERRAL Hon. Jeremiah J. McCarthy, United States Magistrate Judge, is hereby designated to act in this case as follows:All pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including all pre-trial matters that a Magistrate Judge may hear and determine pursuant to 28 U.S.C. Section 636(b)(1)(A), and those which a Magistrate Judge may hear and thereafter file a report and recommendation for disposition pursuant to Section 636(b)(1)(B).All procedural aspects of matters properly before the Magistrate Judge under this Order, including scheduling and the filing of briefs or other supporting material, shall be determined by the Magistrate Judge. All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. IT IS SO ORDERED.. Signed by Hon. William M. Skretny on 4/30/10.(DZ) (Entered: 05/03/2010)
04/30/2010 1 INDICTMENT as to Gregory Magness (1) count(s) 1, 2, Justin Magness (2) count(s) 1, 2, Superior Metal Powders, Inc. (3) count(s) 1, 2, Charles Wright (4) count(s) 1, 2, William Nehill (5) count(s) 1, 2, International Technology Group, Inc. (6) count(s) 1, 2, Eldon Bott (7) count(s) 1, 2, Innovative Materials & Solutions, Inc. (8) count(s) 1, 2, Qian Chen (9) count(s) 1. (DZ) (Entered: 05/03/2010)
ecf.nywd.uscourts.gov |
