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 by | JAMES 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 by | ROBERT 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 |
|---|---|---|
| 12/17/2007 | 1 | INDICTMENT 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 | 3 | ARREST Warrant Issued in case as to DR. 2 SHOES, INC.. (Daniel, Joy) (Entered: 12/19/2007) |
| 01/02/2008 | 4 | NOTICE OF ATTORNEY APPEARANCE: WILLIAM WOODWARD WEBB appearing for DAVID TSUI, DR. 2 SHOES, INC. (WEBB, WILLIAM) (Entered: 01/02/2008) |
| 01/02/2008 | 5 | NOTICE OF ATTORNEY APPEARANCE: WILLIAM WOODWARD WEBB, JR appearing for DAVID TSUI, DR. 2 SHOES, INC. (WEBB, WILLIAM) (Entered: 01/02/2008) |
| 01/11/2008 | 9 | 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) |
| 01/11/2008 | 10 | 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) |
| 01/15/2008 | 12 | 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) | |
| 01/18/2008 | 13 | 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) | |
| 01/28/2008 | 14 | 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) |
| 02/07/2008 | 15 | 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) |
| 02/19/2008 | 16 | Corporate Disclosure Statement by DR. 2 SHOES, INC. (CRAVEN, JAMES) (Entered: 02/19/2008) |
| 02/22/2008 | 18 | PLEA AGREEMENT as to DR. 2 SHOES, INC. (Daniel, Joy) (Entered: 02/22/2008) |
| 02/26/2008 | 19 | 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) | |
| 07/22/2008 | 20 | 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) | |
| 09/05/2008 | 21 | 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) |
| 12/03/2008 | 23 | ***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) | |
| 12/04/2008 | 24 | SENTENCING MEMORANDUM (Not Sealed) by DAVID TSUI, DR. 2 SHOES, INC. (Attachments: # 1 Exhibit A - News & Observer Article)(WEBB, WILLIAM) (Entered: 12/04/2008) |
| 12/09/2008 | 25 | ***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) | |
| 12/19/2008 | 26 | 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) | |
| 12/22/2008 | 27 | 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) |
| 01/05/2009 | 28 | 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) |
| 01/14/2009 | 30 | 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) |
| 12/21/2009 | 32 | 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) | |
| 10/29/2010 | 34 | 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) |
| 10/29/2010 | 35 | 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) | |
| 11/08/2010 | 36 | 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) |
| 12/21/2010 | 38 | 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) |