USA v. Beardall et al

3DIV, INFO

U.S. District Court
District of Minnesota (DMN)
CRIMINAL DOCKET FOR CASE #: 0:04-cr-00299-JNE-2

Case title: USA v. Beardall et al

Date Filed: 07/23/2004
Date Terminated: 03/07/2006

Assigned to: Judge Joan N. Ericksen
Defendant (2)
School Fitness Systems, LLC TERMINATED: 03/07/2006	represented by	Kevin J Short Kevin J Short, Attorney 150 S 5th St Ste 3260 Mpls, MN 55402 612-333-9006 Fax: 651-846-4161 Email: short.kevin@gmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained William Michael , Jr Dorsey & Whitney LLP 50 S 6th St Ste 1500 Mpls, MN 55402-1498 612-492-6753 Fax: 612-340-2807 Email: michael.william@dorsey.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained
Pending Counts		Disposition
18:1957 MONEY LAUNDERING (4)		Restitution: $39,838,021.12; Special Assessment - $800.00
18:1341 and 2 AIDED AND ABETTED MAIL FRAUD (5)		Restitution: $39,838,021.12; Special Assessment - $800.00
Highest Offense Level (Opening)
Felony
Terminated Counts		Disposition
None
Highest Offense Level (Terminated)
None
Complaints		Disposition
None

Plaintiff
USA	represented by	Henry J Shea , III University of St Thomas, School of Law 1000 LaSalle Ave Mail MSL 400 Mpls, MN 55403 651-962-4867 Email: hjshea@stthomas.edu LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert M Lewis United States Attorney's Office 300 S 4th St Ste 600 Mpls, MN 55415 (612) 664-5600 Email: robert.lewis@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed	#	Docket Text
07/23/2004	1	FELONY INFORMATION assigned to Judge Joan N. Ericksen by USA Robert M. Lewis and Henry J. Shea as to Joseph Mont Beardall (1) counts 1-2, 3, 5, School Fitness Systems, LLC (2) counts 4, 5, forfeiture allegation as to counts 1, 2, 4 and 5 of this felony information. (LEG) (Entered: 07/26/2004)
07/26/2004	5	Minute Entry for proceedings held before Chief Magistrate Judge Jonathan G Lebedoff :Arraignment as to School Fitness Systems, LLC (2) held on 7/26/2004, Initial Appearance as to School Fitness Systems, LLC held on 7/26/2004, Plea entered by School Fitness Systems, LLC (2) Counts 4 and 5. (Court Reporter Dawn Hansen) (LEG) Modified on 7/27/2004 (Gilgenbach, Leah), the plea agreement and waiver of indictment are being filed as such, they will not be filed as exhibits. (Entered: 07/27/2004)
07/26/2004	6	REPORT AND RECOMMENDATION as to Joseph Mont Beardall (1) and School Fitness Systems, LLC (2) Signed by Chief Magistrate Judge Jonathan G Lebedoff on 7/26/04, recommending that the plea of guilty by deft Joseph Beardall (1) and his plea on behalf of his corporation School Fitness Systems, LLC (2) be accepted. (LEG) Modified on 7/27/2004 (Gilgenbach, Leah). (Entered: 07/27/2004)
07/26/2004	9	WAIVER OF INDICTMENT by School Fitness Systems, LLC (2) (LEG) (Entered: 07/27/2004)
07/26/2004	10	PLEA AGREEMENT as to School Fitness Systems, LLC (2). (LEG) (Entered: 07/27/2004)
08/11/2004	11	ORDER ADOPTING REPORT AND RECOMMENDATIONS as to Joseph Mont Beardall, School Fitness Systems, LLC for 6 Report and Recommendation, . IT IS HEREBY ORDERED that the plea of guilty by Defendant Joseph Mont Beardall (01) on behalf of himself as to Counts 1, 2, 3, and 5 of the Information, and his plea of guilty on behalf of his corporation School Fitness Systems, LLC (02) as to Counts 4 and 5 of the Information is ACCEPTED. Signed by Judge Joan N Ericksen on August 11, 2004. (slf) (Entered: 08/11/2004)
10/15/2004	12	TRANSCRIPT of Initial Appearance/Arraignment/Guilty Plea as to Joseph Mont Beardall and School Fitness Systems, LLC held on 7/26/04 before Chief Mag. Judge Jonathan G. Lebedoff. Court Reporter: Dawn M. H. Hansen. 40pgs (Separate) (filed conventionally, not attached) (BLW) (Entered: 10/20/2004)
10/27/2004	13	ORDER OF DIRECTION TO THE CLERK OF COURT FOR REASSIGNMENT OF RELATED CASE signed by Judge Joan N. Ericksen (10/25/04) and signed by Judge Donovan W. Frank (10/27/04) as to deft Joseph Mont Beardall (1) and School Fitness Systems, LLC (2). Criminal Case 04cr299(1)(2) having been assigned to Judge Joan N. Ericksen and Criminal Case 04cr403(1)(2)(3) having later been assigned to Judge Donovan W. Frank, and said matters being related cases, IT IS HEREBY ORDERED That Criminal Case No. 04cr403(1)(2)(3) be assigned to Judge Joan N. Ericksen, nunc pro tunc, by use of a space on the Master Criminal Assignment List. IT IS FINALLY ORDERED pursuant to this Court's Assignment of Cases Order filed February 7, 2003, the clerk of Court shall reuse an assignment space on the Master Criminal Assignment List.(LEG) (Entered: 10/27/2004)
01/27/2006	14	SENTENCING NOTICE as to School Fitness Systems, LLC. Sentencing set for 2/16/2006 09:30 AM in Minneapolis - Courtroom 12W before Judge Joan N Ericksen. Counsel are directed to check the kiosk on the 1st Floor of the Federal Courthouse in Minneapolis, Minnesota for any change in location.(slf) (Entered: 01/27/2006)
02/14/2006	15	NOTICE OF ATTORNEY APPEARANCE/SUBSTITUTION for School Fitness Systems, LLC (Attachments: # 1 Certificate of Service)(Michael, William) (Entered: 02/14/2006)
02/16/2006	16	Minute Entry for proceedings held before Judge Joan N Ericksen :Sentencing held on 2/16/2006 for School Fitness Systems, LLC. (Court Reporter Maria Weinbeck) (slf) (Entered: 02/23/2006)
03/07/2006	17	JUDGMENT as to School Fitness Systems, LLC (2), Count(s) 4, 5, Restitution: $39,838,021.12; Special Assessment - $800.00 . Signed by Judge Joan N Ericksen on 3/7/06. (JME) (Entered: 03/09/2006)
03/14/2006	18	Judgment Returned Executed as to School Fitness Systems, LLC -returned from USM's office .(JME) (Entered: 03/16/2006)
04/03/2006	19	LETTER TO CLERK'S OFFICE from Holland and Hart as to School Fitness Systems, LLC re: Wells Fargo Brokerage Systems claims agains School Fitness Systems. (Attachments: # 1 Exhibit(s) Part 1# 2 Exhibit(s) Part 2)(MKF) Modified text on 4/4/2006 (mkf). cc: FLU & CFU (Entered: 04/04/2006)
12/10/2008	27	MOTION to Amend/Correct Judgment and Commitment Order to Correct Clerical Error by USA as to Joseph Mont Beardall, School Fitness Systems, LLC. (Attachments: # 1 Certificate of Service) (Lewis, Robert) (Entered: 12/10/2008)
12/11/2008	28	ORDER granting 27 Motion to Amend/Correct as to School Fitness Systems, LLC (2). The Judgment and Commitment Order, dated February 16, 2006, is amended as follows:The restitution of $39,838,021.12 is payable, jointly and severally, with Cameron John Lewis, Criminal File No. 04-403(1) and John Tyron Lewis, Criminal File No. 04-403(2). Signed by Judge Joan N. Ericksen on December 11, 2008. (slf). Regenerated NEF to cc: FLU and Court Financial. Modified text on 12/12/2008 (knk) (Entered: 12/11/2008)