Michael R. Levine
LEVINE & MCHENRY LLC
Portland, Oregon 97204
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
UNITED STATES OF AMERICA, )
) CR No. 3:16-CR-168 HZ
) UNOPPOSED MOTION TO
vs. ) CONTINUE SENTENCING
SKY ) .
The defendant, though his attorney Michael R. Levine, moves the court continue sentencing for six months, from October 10, 2016, until April 10, 2017, to enable the defendant to continue his recovery from a severe stroke.
This motion is based on the
attached declaration of counsel.
Dated: September 1, 2016 /s/ Michael R. Levine
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DECLARATION OF MICHAEL R. LEVINE
1. I am the attorney for the defendant who is 73 years of age and who
resides in the area of Medford, Oregon.
2. On April 18, 2006, Mr. Sky pleaded guilty to conspiring to give a
gratuity to a government employee in violation of 18 U.S.C. §201(c)
(l) (A). Sentencing is set for October 10, 2016.
3. A few days after he entered his plea, on April 23, 2006, Sky suffered a
severe stroke, as a result of which he was initially unable to walk, speak,
or understand others.
4. Sky entered the Asante Rogue Regional Medical Center on May 2, 2016,
and remained there for a month. He was discharged on June 3, 2016.
Since his discharge, he has been undergoing intensive rehabilitation. He
is gradually regaining his faculties and is making reasonable progress
5. I have forwarded to the government a copy of Mr. Sky’s hospital
discharge records. These records document his symptoms, treatment,
diagnosis and prognosis.
6. I recently spoke with Sky by telephone and find that he speaks slowly and
with difficulty and that he frequently mispronounces and slurs words. He does not fully comprehend complex sentences. His thought sequencing is
poor. I am advised he has difficulty moving his upper limbs and that he
needs constant monitoring and assistance in everyday activities.
7. I believe that at least an additional six months is needed before Sky will
capable of helping me prepare for sentencing. I also believe this time is
needed to ensure that Sky will be able to meaningfully participate in
8. I have communicated with AUSA Scott Bradford and advised him I
would be seeking a lengthy continuance of the sentencing. He said he
had no objection.
9. In the interests of justice, the court should grant the motion.
I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS
TRUE TO THE BEST OF MY KNOWLEDGE.
September 1, 2016 /s/Michael R. Levine
Michael R. Levine
American Greed said, " The immorality of it all."
STATEMENT OF FACTS
The United States Attorney's Office for the District
of Oregon, defendant Sky, and his counsel, Michael Levine, agree that the following facts are true, can be proved beyond a reasonable doubt, and are sufficient to suppmt guilty pleas by defendant to Count One of the Information in the above-captioned case. This Statement
of Facts does not include all facts known to the government, and the government may rely on additional facts in the other phases of this case, including sentencing proceedings. Sky was the owner and president of
SRI , headqua1tered in Ashland, Oregon. SRI is a Military Munitions Response Program (MMRP) contractor that primarily worked on U.S.
Government contracts where they provided services for detecting unexploded ordnances.
J.H., a public official for purposes
of 18 U.S.C. § 201, was a program manager for the
United States Army Corp of Engineers (USA CE), Omaha District, Omaha, Nebraska, and oversaw the Department of Defense MMRP. J.H.s duties, among others, included managing USA CE projects, approving claims submitted by vendors under USA CE contacts, and recommending vendors to be awarded specific contracts.
As to Count One, beginning on or about 2002 and continuing through and including 2013,
in the District of Oregon and elsewhere, defendant Sky and others knowingly and willfully
conspired and agreed together and with each other to commit an offense against the United States,
that is to directly and indirectly give, offer, and promise anything
of value to a public official for and because of official acts performed and to be performed by such public official in violation of 18 U.S.C. § 201(c)(l)(A).
To carry out that conspiracy, defendant
Sky and others provided J.H. with various things of value for and because J.H. used his position as a public official to influence or steer the awarding of nine USACE contracts to SR1 that totaled approximately $171 million in value.
In total, SRI
received $77 million under the nine contracts. The things of value included,
but were not limited to, cash, accommodations, meals, entertainment, a car, golf, and fishing.
In furtherance of the conspiracy and to effect the objects thereof, defendant Sky and others
committed one or more of the following overt acts, among others, in the District
of Oregon and elsewhere:
In or about April 2004, defendant Sky paid for J.H. 's accommodations and meals in
• In or about September 24, 2004, SRI was awarded contract W9128F-04-D-0030 for
In or about March 2008, defendant Sky paid for J.H. 's accommodations and meals
In or about March 2008, defendant Sky paid J.H. $1000 in cash;
• On or about July 22, 2009, defendant Sky paid J.H. $3,000 in cash;
• On or about July 23, 2009, SRI was awarded Contract W9128F-09-D-0029 for $9 million
for environmental remediation services;
• In or about September 2010, defendant Sky paid for an Alaskan fishing expedition for J.H.;
• In or about September 2010, SRI was awarded Contract W9128F-l 0-D-0093 in the amount of$9.9 million for military munitions response services; and
• Between in or about December 20 I 0 through in or about March 2013, SRI received more than $8.8 million under contract W9128F-10-D-0093.
All in violation 18 U.S.C. § 371."
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