TERMED

U.S. District Court
District of New Mexico - Version 4.2 (Albuquerque)
CRIMINAL DOCKET FOR CASE #: 1:04-cr-01468-JB-1


Case title: USA v. China Star, Inc., et al

Date Filed: 07/27/2004
Date Terminated: 08/31/2005

Assigned to: District Judge James O. Browning

Defendant (1)
China Star, Inc.
TERMINATED: 08/31/2005
doing business as
China Wok
represented byHope Eckert
3301 Coors NW #R-211
Albuquerque, NM 87120
505-764-8587
Email: heckert@swcp.com
TERMINATED: 08/31/2005
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
8 USC 1324 (a)(1)(A)(v)(I) AND 1324(a)(1)(B)(i): CONSPIRACY; INDUCEMENT; HARBORING
(1s-23s)
SENTENCE IMPOSED: 3 years Probation as to each count 1-25; shall not commit any other federal, state or local crime during probation; participate in a program w/INS and Customs Enforcement; submit to reasonable number of unannounced examination of it s books and records; SPA: $10,000.00; forfeits its rights and interest of $55,000.00
26 USC 7206(1) MAKING AND SUBSCRIBING A FALSE TAX RETURN 18 USC 2: AIDING AND ABETTING
(24s-25s)
SENTENCE IMPOSED: 3 years Probation as to each count 1-25; shall not commit any other federal, state or local crime during probation; participate in a program w/INS and Customs Enforcement; submit to reasonable number of unannounced examination of it s books and records; SPA: $10,000.00; forfeits its rights and interest of $55,000.00

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
8:1324(a)(1)(A)(v)(I) and 1324(a)(1)(B)(i), CONSPIRACY
(1)
dismissed
8:1324(a)(1)(A)(iv), 1324(a)(1)(v)(II) and 8:1324(a)(1)(B)(i), INDUCEMENT
(2-12)
dismissed
8:1324(a)(1)(A)(iii), 1324(a)(1)(A)(v)(II) and 8:1324(a)(1)(B)(i), HARBORING
(13-23)
dismissed
18:1956(a)(1)(A)(i), 1956(a)(1)(B)(i), MONEY LAUNDERING; 18:2, AIDING AND ABETTING
(24-37)
dismissed
18 USC 1956(h); CONSPIRACY TO COMMIT MONEY LAUNDERING AND 18 USC 2; AIDING AND ABETTING
(26s-40s)
dismissed
18:1957, MONEY LAUNDERING; 18:2, AIDING AND ABETTING
(38-54)
dismissed
18 USC 1956 (h); CONSPIRACY TO COMMIT MONEY LAUNDERING & 18 USC 2; AIDING AND ABETTING
(41s-73s)
dismissed
18:1957, MONEY LAUNDERING; 18:2, AIDING AND ABETTING
(55-69)
dismissed
18:982, CRIMINAL FORFEITURE
(70)
dismissed
18 USC 982: CRIMINAL FORFEITURE
(74s)
dismissed

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Material Witness
Jorge Dominguez-Davila represented byBrian A Pori
Federal Public Defender
111 Lomas NW, Suite 501
Albuquerque, NM 87102
505-346-2489
Fax: 505-346-2494
Email: Brian_Pori@fd.org
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: CJA Appointment


Material Witness
Erlinda Damanik represented byBrian A Pori
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: CJA Appointment


Plaintiff
USA represented byTara C Neda
Email: Tara.Neda@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Date Filed #Docket Text
07/27/2004 INDICTMENT by USA Tara C. Neda. Counts filed against China Star, Inc. (1) count(s) 1, 2-12, 13-23, 24-37, 55-69, 70, Jing Song Jiang (2) count(s) 1, 2-12, 13-23, 24-37, 38-54, 55-69, 70, Wan Hui Lu (3) count(s) 1, 2-12, 13-23, 24-37, 70(ma) Modified on 08/18/2006 (Entered: 07/28/2004)
07/28/2004 NOTICE by USA of related cases 04cr1466 and 04cr1467 (*) (seal) (Entered: 07/28/2004)
07/29/2004 CLERK'S MINUTES: before Magistrate Judge W. D. Schneider re initial; arraignment set for 7/30/04 at 9:30 am; defts remanded into custody Tape #: WDS 04 * (vv) (Entered: 07/30/2004)
07/29/2004 ORDER of temporary detention pending hearing as to deft Jing Jiang by Magistrate Judge W. D. Schneider (cc: all counsel*) (vv) (Entered: 07/30/2004)
07/29/2004 ORDER of temporary detention pending hearing as to deft Wan Hui Lu by Magistrate Judge W. D. Schneider (cc: all counsel*) (vv) (Entered: 07/30/2004)
07/30/200410  ORDER by Magistrate Judge W. D. Schneider granting deft Jing Jiang' motion to continue detention hearing set on 7/30/04 [8-1] arraignment reset for 8/3/04 (cc: all counsel) (vv) (Entered: 07/30/2004)
08/03/2004   SUMMONS issued as to China Star, Inc.; arraignment set for 9:30 a.m. on 8/13/04 for China Star, Inc. before Magistrate Judge Robert H. Scott (dds) (Entered: 08/03/2004)
08/03/200416  DISCOVERY ORDER by Magistrate Judge Robert H. Scott as to defts Jiang & Lu (cc: all counsel*) (bap) (Entered: 08/03/2004)
08/12/200423  ORDER by Magistrate Judge Robert H. Scott terminating attorney Cliff McIntyre for Wan Hui Lu (cc: all counsel) (jrm) (Entered: 08/13/2004)
08/13/200424  CLERK'S MINUTES: before Magistrate Judge Robert H. Scott first appearance of China Star, Inc. on arraignment; Attorney Hope Eckert present , deft arraigned; not guilty plea entered; mtns due 9/2/04; court to notify as to trial date Tape #: 04-22 RHS @ 2102* (pr) (Entered: 08/13/2004)
08/13/200426  NOTICE by deft China Star, Inc of Rule 12.4 disclosure statement (bap) (Entered: 08/16/2004)
08/18/200427  SUBSTITUTION of Attorney: William E. Parnall replacing Mary Y.C. Han for deft Wan Hui Lu (*) (bap) (Entered: 08/18/2004)
08/20/200429  MOTION to extend time to file motions until 10/22/04 by defts (dmw) (Entered: 08/23/2004)
08/23/200430  ENTRY OF APPEARANCE of Attorney for deft China Star, Inc. by Hope Eckert (*) (bap) (Entered: 08/23/2004)
08/24/200431  ORDER FOR CONTINUANCE per 18:3161 by District Judge James O. Browning granting deft Lu's motion for extension of time to file motions until 10/23/04 [28-1] (cc: all counsel) (bap) (Entered: 08/24/2004)
08/25/200432  NOTICE by counsel for defendant China Star, Inc. of non- availability on 9/24/04* (dmw) Modified on 08/27/2004 (Entered: 08/25/2004)
08/25/200433  ORDER by District Judge James O. Browning granting defts' unopposed motion to extend time to file motions until 10/22/04 [29-1] (cc: all counsel) (bap) (Entered: 08/26/2004)
08/26/200434  MOTION to release funds by China Star, Inc. (*) (bap) (Entered: 08/26/2004)
08/26/200435  MEMORANDUM by deft China Star, Inc. in support of motion to release funds [34-1] (*) (bap) (Entered: 08/26/2004)
08/27/200436  UNOPPOSED MOTION to extend the time to file motions until 10/23/04 by China Star, Inc.* (pr) (Entered: 08/27/2004)
09/07/200437  ORDER by District Judge James O. Browning granting deft China Star's unopposed motion to extend the time to file motions until 10/23/04 [36-1] (cc: all counsel) (bap) (Entered: 09/07/2004)
09/10/200438  RESPONSE by USA to deft China Star's motion to release funds [34-1]* (sl) (Entered: 09/10/2004)
09/10/200439  ADDENDUM (Attachments) by USA to memorandum brief in response to deft China Star's motion for release of funds [38-1] (bap) (Entered: 09/13/2004)
09/23/200440  REPLY by deft China Star to USA's response to motion to release funds [34-1] (*) (bap) (Entered: 09/23/2004)
10/06/200441  NOTICE by counsel for defendant China Star, Inc of non-availability on 11/18-19/04 (dmw) (Entered: 10/06/2004)
10/08/200442  NOTICE of Hearing on motion to release funds [34-1] at 2:00 pm on 10/13/04 before Judge Browning in Albuquerque (cc: all counsel*) (vv) (Entered: 10/08/2004)
10/08/200443  NOTICE of Hearing for all defts status hearing set for 10/13/04 at 1:30 pm before Judge Browning in Albuquerque (cc: all counsel*) (vv) (Entered: 10/08/2004)
10/12/200444  ADDENDUM by deft China Star to motion and memorandum to release funds [34-1] (*) (bap) (Entered: 10/12/2004)
10/12/200445  MOTION for order to require US Attorney's Office to certify compliance w/the discovery orders entered in these cases by China Star, Inc., Jing Song Jiang, Wan Hui Lu (*) (bap) (Entered: 10/12/2004)
10/13/200446  SEALED STIPULATED ORDER by District Judge James O. Browning re: deft China Star's motion to release funds [34-1] (cc: all counsel) (bap) Modified on 10/13/2004 (Entered: 10/13/2004)
10/13/200447  NOTICE by defts of withdrawal of defts' motion for order to require US Attorney's Office to certify compliance w/the discovery orders entered in these cases [45-1] (*) (bap) Modified on 10/18/2004 (Entered: 10/18/2004)
10/14/200448  STIPULATED ORDER by District Judge James O. Browning releasing funds (Redacted) re [46-1] (cc: all counsel) (bap) Modified on 10/19/2004 (Entered: 10/14/2004)
10/14/200449  NOTICE by Clerk of Court that status conference is set for 12/2/04 @ 9:00 am before Judge Browning in Albuquerque (*) (bap) (Entered: 10/14/2004)
10/20/200450  NOTICE of Hearing for defts China Star, Inc., Jing Song Jiang & Wan Hui Lu jury selection/trial is set for 11/15/04 @ 9:00 am before Judge Browning in Albuquerque, NM (cc: all counsel*) (bap) (Entered: 10/20/2004)
10/27/200451  UNOPPOSED MOTION to vacate trial setting of 11/15/04 by China Star, Inc., Jing Song Jiang, Wan Hui Lu (bap) (Entered: 10/28/2004)
10/29/200452  ORDER FOR CONTINUANCE per 18:3161 by District Judge James O. Browning granting defts' unopposed motion to vacate trial setting of 11/15/04 [51-1] jury trial is reset to 12/13/04 @ 9:00 am (cc: all counsel) (bap) (Entered: 10/29/2004)
11/01/200453  MOTION for order for trial setting by USA as to China Star, Inc., Jing Song Jiang, Wan Hui Lu* (pr) (Entered: 11/01/2004)
11/12/200454  MOTION to dismiss counts 24-69 of indictment by China Star, Inc., Jing Song Jiang, Wan Hui Lu (bap) (Entered: 11/15/2004)
11/12/200455  MEMORANDUM Brief by defts in support of motion to dismiss counts 24-69 of indictment [54-1] (bap) (Entered: 11/15/2004)
11/16/200456  NOTICE by deft China Star's attorney of non-availability from 12/24/04 through 12/31/04 (*) (bap) (Entered: 11/16/2004)
11/17/200457  JOINT RESPONSE by defts to USA's motion for order for trial setting [53-1] (*) (bap) (Entered: 11/18/2004)
11/19/200458  RESPONSE by USA to defts' motion to dismiss counts 24-69 of indictment [54-1] (bap) (Entered: 11/22/2004)
11/30/200459  NOTICE of Hearing for defts China Star, Inc., Jing Song Jiang, Wan Hui Lu jury selection/trial is set for 12/14/04 @ 9:00 am before Judge Browning in Albuquerque, NM (cc: all counsel*) (bap) (Entered: 11/30/2004)
11/30/200460  MINUTE ORDER: setting hearing on defts' motion to dismiss counts 24-69 of indictment [54-1] and on Govt's motion for order for trial setting [53-1] at 9:00 am on 12/2/04 before Judge Browning at the status conference (cc: all counsel*) (bap) (Entered: 11/30/2004)
12/01/200461  MINUTE ORDER: vacating hrg set for 12/2/04 on defts' motion to dismiss counts 24-69 of indictment [54-1] and defts' motion for order for trial setting [53-1] and re-setting for 1:30 pm on 12/16/04 before Judge Browning in Albuqurque, NM (cc: all counsel*) (bap) (Entered: 12/02/2004)
12/02/200462  MEMORANDUM OPINION AND ORDER: by District Judge James O. Browning denying Govt's motion for order for trial setting [53-1] (cc: all counsel*) (bap) (Entered: 12/03/2004)
12/06/200463  CLERK'S MINUTES: before District Judge James O. Browning status conference/motion hearing was held on 12/2/04 as to China Star, Inc., Jing Song Jiang, Wan Hui Lu C/R: Danna Schutte Everett (*) (bap) (Entered: 12/07/2004)
12/06/200464  REPLY by defts in support of motion to dismiss counts 24-69 of indictment [54-1] (bap) (Entered: 12/07/2004)
12/16/200465  ORDER FOR CONTINUANCE per 18:3161 by District Judge James O. Browning designating case as complex jury trial set for 12/14/04 is vacated , start XT2 (cc: all counsel*) (bap) (Entered: 12/16/2004)
12/16/200466  CLERK'S MINUTES: before District Judge James O. Browning re hrg on defts' motion to dismiss counts 24-69 of indictment [54-1] C/R: Danna Schutte Everett (*) (bap) (Entered: 12/17/2004)
01/19/200567  NOTICE by deft China Star's attorney of non-availability from 3/21/05 to 3/25/05 (*) (bap) (Entered: 01/19/2005)
01/19/200568  NOTICE by USA's attorney of non-availability from 3/15/05 to 4/1/05 (*) (bap) (Entered: 01/19/2005)
01/28/200571  CJA Form 20 Copy 4 (Appointment of Counsel) for material witness Jorge Dominguez-Davila appointing Brian A. Pori (dmw) (Entered: 02/03/2005)
01/28/200572  CJA Form 20 Copy 4 (Appointment of Counsel) for material witness Erlinda Damanik appointing Brian A Pori (dmw) (Entered: 02/03/2005)
02/01/200569  CLERK'S MINUTES: before Chief Magistrate Judge Lorenzo F. Garcia re hrg held on release of material witnesses Tape #: 05-02 LFG Interpreter: Ruben Bustos & Henry Gerung (*) (bap) (Entered: 02/02/2005)
02/01/200573  AFFIDAVIT of Erlinda Damanik (jrm) (Entered: 02/04/2005)
02/01/200574  SEALED ORDER by Chief Magistrate Judge Lorenzo F. Garcia (bap) (Entered: 02/04/2005)
02/01/200575  SEALED ORDER by Chief Magistrate Judge Lorenzo F. Garcia (bap) (Entered: 02/04/2005)
02/02/200570  AFFIDAVIT of Jose de Jesus Lopez-Paz & Jorge Dominguez-Davila (jrm) (Entered: 02/03/2005)
02/25/200577  SUPERSEDING Indictment naming China Star, Inc. (1) count(s) 1s-23s, 24s-25s, 26s-40s, 41s-73s, 74s, Jing Song Jiang (2) count(s) 1s-23s, 24s-25s, 26s-40s, 41s-73s, 74s, Wan Hui Lu (3) count(s) 1s-23s, 26s-40s, 74s (vv) (Entered: 03/01/2005)
02/28/200576  NOTICE of related cases by plaintiff* (dmw) (Entered: 02/28/2005)
03/01/2005   SUMMONS issued as to China Star, Inc.; preliminary hrg is set for 9:30 am on 3/4/05 before Magistrate Judge Alan C. Torgerson (bap) (Entered: 03/03/2005)
03/04/200579  CLERK'S MINUTES: before Magistrate Judge Alan C. Torgerson deft China Star, Inc. arraigned; not guilty plea entered; Attorney Hope Eckert present; motions deadline set by Judge Browning; court to notify as to trial date Tape #: 05-05 ACT Interpreter: Wing Chan (*) (bap) (Entered: 03/04/2005)
03/08/200583  MOTION to withdraw amended sealed motion for deposition filed 3/7/05 by USA as to China Star, Inc., Jing Song Jiang, Wan Hui Lu (*) (bap) (Entered: 03/08/2005)
03/09/200585  SUMMONS in a Criminal Case returned executed upon Hope Eckert, Esq. for deft China Star, Inc on 3/5/05 (bap) (Entered: 03/10/2005)
03/10/200586  CLERK'S MINUTES: before Magistrate Judge Alan C. Torgerson China Star, Inc (by Hope Eckert) enters guilty plea to Cts 1-25 of Superseding Indictment; sentencing to be set within 75 days; deft remains in custody C/R: Julie Goehl-Sanchez Interpreter: Wing Chan (*) (bap) (Entered: 03/11/2005)
03/10/200590  CONSENT to proceed before Magistrate Judge Torgerson by China Star, Inc to accept a plea in a felony case (bap) (Entered: 03/11/2005)
03/10/200591  PLEA AGREEMENT as to China Star, Inc. (bap) (Entered: 03/11/2005)
03/16/200597  MEMORANDUM OPINION AND ORDER: by District Judge James O. Browning denying deft's motion to dismiss counts 24-69 of indictment [54-1] (cc: all counsel*) (bap) Modified on 03/16/2005 (Entered: 03/16/2005)
04/12/2005102  NOTICE of Hearing for deft China Star, Inc. sentencing is set for 6/13/05 @ 4:00 pm before Judge Browning in Albuquerque, NM (cc: all counsel*) (bap) (Entered: 04/13/2005)
04/18/2005103  JOINT MOTION to vacate and continue sentencing set for 6/13/05 by China Star, Inc., Jing Song Jiang, Wan Hui Lu (*) (bap) (Entered: 04/19/2005)
05/03/2005104  ORDER by District Judge James O. Browning granting defts joint motion to vacate and continue sentencing set for 6/13/05 [103-1] sentencing is reset to 8/30/05 @ 3:00 pm for Jing Song Jiang and 4:00 pm for China Star (cc: all counsel) (bap) (Entered: 05/04/2005)
08/20/2005106  NOTICE of Hearing for defts sentencing is set for Jing Song Jiang on 9/21/05 @ 10:30 am , sentencing is set for China Star on 9/21/05 @ 11:00 am , sentencing is set for Wan Hui Lu on 9/21/05 @ 11:30 am (cc: all counsel*) (bap) (Entered: 08/22/2005)
08/30/2005109  MOTION to dismiss counts 26-74 of indictment by USA as to China Star, Inc. (bap) (Entered: 09/01/2005)
08/30/2005110  ORDER by District Judge James O. Browning granting Govt's motion to dismiss counts 26-74 of indictment [109-1] as to China Star, Inc (cc: all counsel) (bap) (Entered: 09/01/2005)
08/31/2005107  CLERK'S MINUTES on hrg held 8/30/05: before District Judge James O. Browning sentencing China Star, Inc. (1) count(s) 1s-25s. SENTENCE IMPOSED: 3 years Probation as to each count 1-25; shall not commit any other federal, state or local crime during probation; participate in a program w/INS and Customs Enforcement; submit to reasonable number of regular/ unannounced examination of the books/records; SPA: $10,000.00; forfeits its rights and interest of $55,000.00 , dismissing counts 1-37, 26s-40s, 38-54 , terminating deft Danna Schutte Everett Interpreter: Wing Chen (*) (bap) (Entered: 09/01/2005)
08/31/2005108  AMENDED CLERK'S MINUTES on sentencing hrg held 8/30/05 re deft China Star: before District Judge James O. Browning C/R: Danna Schutte Everett Interpreter: Wing Chen (*) (bap) (Entered: 09/01/2005)
09/21/2005112  STIPULATED ORDER OF FORFEITURE/MONEY JUDGMENT by District Judge James O. Browning in the amount of $550,000.00 entered against defts, jointly and severally as further described herein (cc: all counsel) (bap) (Entered: 09/21/2005)
09/22/2005117  MOTION to release material witnesses from pre-trial services supervision by USA as to defts (bap) (Entered: 09/26/2005)
09/22/2005118  ORDER by Magistrate Judge Robert H. Scott granting Govt's motion to release material witnesses from pre-trial services supervision [117-1] (cc: all counsel) (bap) (Entered: 09/26/2005)
09/26/2005119  ORDER by District Judge James O. Browning granting Govt's motion for downward adjustment of one-level as to deft Lu [116-1] (cc: all counsel) (bap) Modified on 09/27/2005 (Entered: 09/27/2005)
09/27/2005122  ORDER by District Judge James O. Browning granting Govt's motion for order for downward adjustment by one additional level as to deft Jiang [114-1] (cc: all counsel) (bap) (Entered: 09/27/2005)
09/30/2005125  NOTICE of letters re: deft Wan Hui Lu and sentencing (bap) (Entered: 10/03/2005)
11/14/2005128  JUDGMENT by District Judge James O. Browning for defendant China Star, Inc. (distribution as required*) (bap) (Entered: 11/14/2005)
11/15/2005133  ORDER by District Judge James O. Browning granting deft Jiang's motion to extend time for self surrender [126-1] (cc: all counsel) (bap) (Entered: 11/15/2005)
11/16/2005134  ORDER by District Judge James O. Browning granting deft Lu's motion for order to delay date of surrender until 2/6/06 [132-1] (cc: all counsel) (bap) (Entered: 11/17/2005)
08/09/2006136  ORDER terminating probation by District Judge James O. Browning (cc: all counsel) (jrm) (Entered: 08/10/2006)