U.S. District Court
North Carolina Middle District (NCMD)
CRIMINAL DOCKET FOR CASE #: 1:07-cr-00430-JAB-2


Case title: USA v. TSUI et al

Date Filed: 12/17/2007
Date Terminated: 01/05/2009

Assigned to: CHIEF JUDGE JAMES A. BEATY, JR

Defendant (2)
DR. 2 SHOES, INC.
TERMINATED: 01/05/2009
represented byJAMES B. CRAVEN , III
POB 1366
DURHAM, NC 27702
919-688-8295
Fax: 919-688-8295
Email: jbc64@mindspring.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

WILLIAM WOODWARD WEBB
THE EDMISTEN & WEBB LAW FIRM
POB 1509
RALEIGH, NC 27602
919-831-8700
Fax: 919-831-8749
Email: woodywebb@ew-law.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

WILLIAM WOODWARD WEBB , JR.
THE EDMISTEN & WEBB LAW FIRM
POB 1509
RALEIGH, NC 27602
919-831-8700
Fax: 919-831-8749
Email: woodywebb@mindspring.com
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:287 Filing false claims
(12)
Three (3) years probation under Count 12 and Three (3) years under Count 17 to run concurrently with Count 12; Three (3) years under Count 37 to run concurrently with Counts 12 and 17; Three (3) years under Count 42 to run concurrently with Counts 12,17 and 37; Special Assessment $1,600.00; Restitution $731,307.54
18:287 Filing false claims
(17)
years under Count 17 to run concurrently with Count 12; Three (3) years under Count 37 to run concurrently with Counts 12 and 17; Three (3) years under Count 42 to run concurrently with Counts 12,17 and 37; Special Assessment $1,600.00; Restitution $731,307.54
18:1343 Wire Fraud
(37)
years under Count 17 to run concurrently with Count 12; Three (3) years under Count 37 to run concurrently with Counts 12 and 17; Three (3) years under Count 42 to run concurrently with Counts 12,17 and 37; Special Assessment $1,600.00; Restitution $731,307.54
18:1347 Healthcare Fraud
(42)
years under Count 17 to run concurrently with Count 12; Three (3) years under Count 37 to run concurrently with Counts 12 and 17; Three (3) years under Count 42 to run concurrently with Counts 12,17 and 37; Special Assessment $1,600.00; Restitution $731,307.54

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:1347 Healthcare Fraud
(1)
dismissed
18:1343 Wire Fraud
(5)
dismissed
18:1347 Healthcare Fraud
(6)
dismissed
18:1343 Wire Fraud
(7-10)
dismissed
18:287 Filing false claims
(11)
dismissed
18:1343 Wire Fraud
(13)
dismissed
18:1343 Wire Fraud
(15-16)
dismissed
18:1343 Wire Fraud
(18)
dismissed
18:1347 Healthcare Fraud
(19)
dismissed
18:1343 Wire Fraud
(20)
dismissed
18:1343 Wire Fraud
(22)
dismissed
18:1343 Wire Fraud
(24)
dismissed
18:1343 Wire Fraud
(26-28)
dismissed
18:1343 Wire Fraud
(30)
dismissed
18:1343 Wire Fraud
(32)
dismissed
18:1343 Wire Fraud
(34)
dismissed
18:287 Filing false claims
(36)
dismissed
18:1343 Wire Fraud
(39)
dismissed
18:1343 Wire Fraud
(41)
dismissed
18:287 Filing false claims
(43)
dismissed

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byROBERT M. HAMILTON
U. S. ATTORNEY'S OFFICE
POB 1858
GREENSBORO, NC 27401
336-333-5351
Email: robert.hamilton@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
12/17/2007INDICTMENT as to DAVID TSUI (1) count(s) 1, 2-4, 5, 6, 7-10, 11-12, 13, 14, 15-16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26-28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, DR. 2 SHOES, INC. (2) count(s) 1, 5, 6, 7-10, 11-12, 13, 15-16, 17, 18, 19, 20, 22, 24, 26-28, 30, 32, 34, 36, 37, 39, 41, 42, 43. (Daniel, Joy) (Entered: 12/19/2007)
12/19/2007 ARREST Warrant Issued in case as to DR. 2 SHOES, INC.. (Daniel, Joy) (Entered: 12/19/2007)
01/02/2008NOTICE OF ATTORNEY APPEARANCE: WILLIAM WOODWARD WEBB appearing for DAVID TSUI, DR. 2 SHOES, INC. (WEBB, WILLIAM) (Entered: 01/02/2008)
01/02/2008NOTICE OF ATTORNEY APPEARANCE: WILLIAM WOODWARD WEBB, JR appearing for DAVID TSUI, DR. 2 SHOES, INC. (WEBB, WILLIAM) (Entered: 01/02/2008)
01/11/2008 MOTION for Extension of Time Pre-Trial Motions, Plea Agreements and Plea Changes by DAVID TSUI, DR. 2 SHOES, INC.. (WEBB, WILLIAM) (Entered: 01/11/2008)
01/11/200810 RESPONSE to Motion for Extension of Time filed by USA as to DAVID TSUI, DR. 2 SHOES, INC. re 9 MOTION for Extension of Time Pre-Trial Motions, Plea Agreements and Plea Changes (HAMILTON, ROBERT) (Entered: 01/11/2008)
01/15/200812 Arrest Warrant Returned Executed on 01/08/08 in case as to DR. 2 SHOES, INC.. (Garrett, Kim) (Entered: 01/15/2008)
01/16/2008  Motion Submission as to DAVID TSUI, DR. 2 SHOES, INC. re 9 MOTION for Extension of Time Pre-Trial Motions, Plea Agreements and Plea Changes to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita) (Entered: 01/16/2008)
01/18/200813  MOTION to Continue Trial Term by DAVID TSUI, DR. 2 SHOES, INC.. Responses due by 2/10/2008 (WEBB, WILLIAM) (Entered: 01/18/2008)
01/23/2008  Motion Submission as to DAVID TSUI, DR. 2 SHOES, INC. re 13 MOTION to Continue Trial to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita) (Entered: 01/23/2008)
01/28/200814 ORDER granting 9 Deft's Motion for Extension of Time to file motions. Motions shall be filed on/or before 1/25/08; responses shall be filed on/or before 2/1/08 as to DAVID TSUI (1) & DR. 2 SHOES, INC. (2). Signed by CHIEF JUDGE JAMES A. BEATY, JR on 1/28/08. (Daniel, Joy) (Entered: 01/28/2008)
02/07/200815 ORDER granting 13 Deft's Motion to Continue Trial to the March 2008 Criminal Term of Court. The period from 1/18/08, up to and including 3/10/10 is excluded from provisions of the Speedy Trial Act as to DAVID TSUI (1) & DR. 2 SHOES, INC. (2). Signed by CHIEF JUDGE JAMES A. BEATY, JR on 2/7/08. (Daniel, Joy) (Entered: 02/07/2008)
02/19/200816 Corporate Disclosure Statement by DR. 2 SHOES, INC. (CRAVEN, JAMES) (Entered: 02/19/2008)
02/22/200818 PLEA AGREEMENT as to DR. 2 SHOES, INC. (Daniel, Joy) (Entered: 02/22/2008)
02/26/200819 Factual Basis Document as to DAVID TSUI, DR. 2 SHOES, INC. filed on 2/26/2008 (HAMILTON, ROBERT) (Entered: 02/26/2008)
03/05/2008  Minute Entry for proceedings held before CHIEF JUDGE JAMES A. BEATY, JR:CHANGE OF PLEA HEARING held on 3/5/2008. Defendant present on bond. Defendant placed under oath and advised of rights/charges/penalties; Court reviews the plea agreement; DAVID TSUI (1) pleads GUILTY to Count 2,12,17,37,42 and DR. 2 SHOES, INC. (2) pleads GUILTY to Count 12,17,37,42. Remaining Counts to be dismissed at sentencing. Court finds the Defendant is competent to enter a guilty plea; Court orders the preparation of a Presentence Report. Sentencing set for 8/7/2008 09:30 AM in Winston-Salem Courtroom #1 before CHIEF JUDGE JAMES A. BEATY JR. (Court Reporter Lori Russell.) (Kemp, Donita) (Entered: 03/05/2008)
03/05/2008  Case as to DAVID TSUI, DR. 2 SHOES, INC. assigned to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita) (Entered: 03/05/2008)
07/22/200820  MOTION to Continue Sentencing by DAVID TSUI, DR. 2 SHOES, INC.. Responses due by 8/14/2008 (WEBB, WILLIAM) (Entered: 07/22/2008)
07/30/2008  NOTICE to parties as to DAVID TSUI and DR. 2 SHOES, INC.; Upon request of the USPO, the sentencing hearing in this matter currently set for 8/7/08 @ 9:30 a.m. will be continued until a later date to be determined by the Clerk's office; written order forthcoming. (Kemp, Donita) (Entered: 07/30/2008)
07/30/2008  Terminate Sentencing Hearings as to DAVID TSUI and DR. 2 SHOES, INC.. (Kemp, Donita) (Entered: 07/30/2008)
09/05/200821 ORDER upon request of USPO, sentencing is continued to 12/12/08 @ 9:30am in Winston-Salem Courtroom #1 as to DAVID TSUI, DR. & 2 SHOES, INC. Signed by CHIEF JUDGE JAMES A. BEATY, JR on 9/4/08. (Daniel, J) (Entered: 09/05/2008)
12/03/200823 ***POSITION PAPER RE SENTENCING FACTOR (SEALED) as to DR. 2 SHOES, INC. (HAMILTON, ROBERT) (Entered: 12/03/2008)
12/03/2008  Telephone Notice on 12/3/2008 advising counsel for defendants of the Sentencing set for 12/12/2008 09:30 AM in Greensboro Courtroom #1 before CHIEF JUDGE JAMES A. BEATY JR. (Kemp, Donita) (Entered: 12/03/2008)
12/04/200824 SENTENCING MEMORANDUM (Not Sealed) by DAVID TSUI, DR. 2 SHOES, INC. (Attachments: # 1 Exhibit A - News & Observer Article)(WEBB, WILLIAM) (Entered: 12/04/2008)
12/09/200825 ***POSITION PAPER RE SENTENCING FACTOR (SEALED) as to DAVID TSUI, DR. 2 SHOES, INC. (Attachments: # 1 Tsui Attachments 1-4)(HAMILTON, ROBERT) (Entered: 12/09/2008)
12/12/2008  Minute Entry for proceedings held before CHIEF JUDGE JAMES A. BEATY, JR:Sentencing as to DAVID TSUI held on 12/12/2008 as to Counts 2, 12, 17, 37, and 42 and DR. 2 SHOES, INC. as to Counts 12, 17, 37, and 42. The defendant shall surrender to the United States Marshal for this district at 2:00 p.m. on January 23, 2009 or report directly to the designated institution as directed by the Bureau of Prisons.(Court Reporter Lori Russell.) (Kemp, Donita) (Entered: 12/12/2008)
12/12/2008  Attorney update in case as to DR. 2 SHOES, INC.. Attorney JAMES B. CRAVEN, III for DR. 2 SHOES, INC. added. (Kemp, Donita) (Entered: 12/19/2008)
12/19/200826  MOTION to Travel by DAVID TSUI, DR. 2 SHOES, INC.. (WEBB, WILLIAM) (Entered: 12/19/2008)
12/22/2008  Motion Submission as to DAVID TSUI, DR. 2 SHOES, INC. re 26 MOTION to Travel to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita) (Entered: 12/22/2008)
12/22/200827 ORDER granting 26 Deft's Motion to Travel to Toronto, Canada as to DAVID TSUI (1), & DR. 2 SHOES, INC. (2). FURTHER, that deft's passport be returned to him for limited purposes of traveling and immediately upon his return to NC the deftenndant is to return his passport to USPO. Signed by CHIEF JUDGE JAMES A. BEATY, JR on 12/22/08. (Daniel, J) (Entered: 12/22/2008)
01/05/200928 JUDGMENT as to DR. 2 SHOES, INC. (2), Count(s) 1, 11, 13, 15-16, 18, 19, 20, 22, 24, 26-28, 30, 32, 34, 36, 39, 41, 43, 5, 6, 7-10, dismissed; Count(s) 12,17, 37 and 42 Three (3) years probation under Count 12 and Three (3) years under Count 17 to run concurrently with Count 12; Three (3) years under Count 37 to run concurrently with Counts 12 and 17; Three (3) years under Count 42 to run concurrently with Counts 12,17 and 37; Special Assessment $1,600.00; Restitution $731,307.54;. Signed by CHIEF JUDGE JAMES A. BEATY, JR on 1/5/09. (Lapira, Sharon) (Lapira, Sharon). (Entered: 01/05/2009)
01/14/200930 TRANSCRIPT of Proceedings.

NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER.

as to DAVID TSUI, DR. 2 SHOES, INC. Sentencing Hearing for the date of 12/12/2008 before Judge James A. Beaty, Jr., Court Reporter/Transcriber L. Russell, Telephone number 336-734-2547. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/4/2009. Redacted Transcript Deadline set for 2/17/2009. Release of Transcript Restriction set for 4/14/2009. (Russell, Lori) (Entered: 01/14/2009)

12/21/200932  MOTION to Travel Permit Limited Travel to China by DAVID TSUI as to DAVID TSUI, DR. 2 SHOES, INC.. Responses due by 1/14/2010 (Attachments: # 1 Text of Proposed Order)(WEBB, WILLIAM) (Entered: 12/21/2009)
12/28/2009  Motion Submission as to DAVID TSUI, DR. 2 SHOES, INC. re 32 MOTION to Travel Permit Limited Travel to China to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita) (Entered: 12/28/2009)
10/29/201034  MOTION to Travel to China by DAVID TSUI as to DAVID TSUI, DR. 2 SHOES, INC.. (Attachments: # 1 Text of Proposed Order)(WEBB, WILLIAM) (Entered: 10/29/2010)
10/29/201035 Amended MOTION to Travel to China by DAVID TSUI as to DAVID TSUI, DR. 2 SHOES, INC.. (Attachments: # 1 Text of Proposed Order)(WEBB, WILLIAM) (Entered: 10/29/2010)
11/03/2010  Motion(s) Submission as to DAVID TSUI, DR. 2 SHOES, INC. re 35 Amended MOTION to Travel to China to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita) (Entered: 11/03/2010)
11/08/201036 ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 11/8/2010, that the Defendant is permitted to travel to China at any time during the period of December 1, 2010 through June 1, 2011 for the purposes of obtaining and replenishing a shoe supply in order to engage in the retail sales of shoes as to DAVID TSUI (1), and DR. 2 SHOES, INC. (2). (Daniel, J) (Entered: 11/08/2010)
12/21/201038 ORDER FOR TERMINATION OF PROBATION OR SUPERVISED RELEASE as to DR. 2 SHOES, INC. Signed by CHIEF JUDGE JAMES A. BEATY, JR on 12/20/2010. (Taylor, Abby) (Entered: 12/21/2010)