CLOSED

District Court of the Virgin Islands
District of the Virgin Islands (St. Thomas Division)
CRIMINAL DOCKET FOR CASE #: 3:11-cr-00019-CVG-RM All Defendants


Case title: USA v. MANUFACTURING LLC
Date Filed: 05/23/2011
Date Terminated: 04/04/2012
Assigned to: Chief Judge Curtis V. Gomez
Referred to: Magistrate Judge Ruth Miller

Defendant (1)
GEM MANUFACTURING LLC
TERMINATED: 04/04/2012 		represented byMichael C Quinn
Dudley Topper & Feuerzeig
1000 Frederiksberg Gade
P.O. Box 756
St Thomas, VI 00804
340-774-4422
Fax: 340-715-4400
Email: mquinn@dtflaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

WILLIAM E LAWLER III
VINSON & ELKINS L.L.P.
2200 PENNSYLVANIA AVE
NW SUITE 500 WEST
WASHINGTON, DC 20037
202-639-6500
Fax: 202-639-6604
Email: wlawler@velaw.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED

Pending Counts
Disposition
LACEY ACT FALSE LABELING
(1-2)		 GEM Manufactuing sentence to 3 years and 6 months supervised probation & placed on supervised probation on Cts. 1 thru 7 to be served concurrently. Deft. shall make 3 community service payments totaling $500,000.00. Deft. shall pay a fine of $1,800,000.00, and a Special assessment in the amount of $1,425.00. The Court has approved the consent order today, that said Consent Order is hereby APPROVED.
PROHIBITED ACTS - ENDANGERED SPECIES
(3-7)		 GEM Manufactuing sentence to 3 years and 6 months supervised probation & placed on supervised probation on Cts. 1 thru 7 to be served concurrently. Deft. shall make 3 community service payments totaling $500,000.00. Deft. shall pay a fine of $1,800,000.00, and a Special assessment in the amount of $1,425.00. The Court has approved the consent order today, that said Consent Order is hereby APPROVED.

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
None

Highest Offense Level (Terminated)
None

Complaints
Disposition
None

Plaintiff
USA represented byChristopher Hale
United States Attorney Office
Environmental Crimes Section
PO Box 23985
L'Enfant Plaza Station
Washington, DC 20026
202-305-0321
Fax: 202-305-0396
Email: Christopher.Hale@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Joycelyn Hewlett
U.S. Attorney's Office
Ron De Lugo Federal Bldg
5500 Veterans Drive, Suite 260
St Thomas, VI 00802
340-774-5757
Fax: 340-776-3474
Email: joycelyn.hewlett@usdoj.gov
ATTORNEY TO BE NOTICED

Nelson Luis Jones
U.S. Attorney's Office
Ron De Lugo Federal Bldg
5500 Veterans Drive, Suite 260
St Thomas, VI 00802
340-774-5757
Fax: 340-776-3474
Email: nelson.jones@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
05/23/20111 INFORMATION as to GEM MANUFACTURING LLC (1) count(s) 1-2, 3-7. (KWR) (Entered: 05/23/2011)
05/25/20112 NOTICE OF ATTORNEY APPEARANCE: Michael C Quinn appearing for GEM MANUFACTURING LLC (Quinn, Michael) (Entered: 05/25/2011)
05/25/20113 Emergency MOTION for Leave to Appear Pro Hac Vice of Attorney William E. Lawler, III by GEM MANUFACTURING LLC. (Attachments: # 1 Exhibit (letter to VIBA with pro hac vice fee), # 2 Exhibit (pro hac vice application form), # 3 Exhibit (Lawler declaration with exhibits), # 4 Text of Proposed Order) (Quinn, Michael) (Entered: 05/25/2011)
05/25/20114 NOTICE OF HEARING ON MOTION in case as to GEM MANUFACTURING LLC 3 Emergency MOTION for Leave to Appear Pro Hac Vice of Attorney William E. Lawler, III : Motion Hearing set for 5/25/2011 04:00 PM in Mag Judge Ctrm 2 STT before Magistrate Judge Ruth Miller. (CAD) (Entered: 05/25/2011)
05/25/20115 Minute Entry for proceedings held before Magistrate Judge Ruth Miller:Motion Hearing as to GEM MANUFACTURING LLC held on 5/25/2011 re 3 Emergency MOTION for Leave to Appear Pro Hac Vice of Attorney William E. Lawler, III filed by GEM MANUFACTURING LLC ; Motio for admission of William E.Lawler pro hac vice granted. (CAD) (Entered: 05/26/2011)
05/25/20116 OATH of admission of William E. Lawler III Esquire as to GEM MANUFACTURING LLC: (CAD) (Entered: 05/26/2011)
05/25/20117 ORDER (RM) dated 5/25/11granting 3 Motion for Leave to Appear Pro Hac Vice for Attorney WILLIAM E LAWLER III for GEM MANUFACTURING LLC. as to GEM MANUFACTURING LLC (1) (CAD) (Entered: 05/26/2011)
05/26/20118 PLEA AGREEMENT as to GEM MANUFACTURING LLC (Attachments: # 1 Text of Proposed Order Consent Order of Forfeiture) (LT) (Entered: 05/26/2011)
05/26/20119 Minute Entry for proceedings held before Chief Judge Curtis V Gomez:Arraignment as to GEM MANUFACTURING LLC (1) Count 1-2,3-7 held on 5/26/2011. Discovery due by 6/1/2011., Motions due by 6/13/2011., Pretrial Conf. set for 6/29/2001 before Magistrate Ruth Miller. Jury Selection set for 7/11/2011, at 09:00 AM in District Judge Ctrm1-STT before Chief Judge Curtis V Gomez. Plea Agreement Hearing as to GEM MANUFACTURING LLC held on 5/26/2011. CourtREJECTED the 11c 1c plea by deft. Defendant entered NOT GUILTY plea as to all counts, and waived thier rights to a speedy trial. (Court Reporter Chandra Kean.) (LT) (Entered: 05/26/2011)
06/10/201110 Application and Checklist for Speedy Trial Extension by GEM MANUFACTURING LLC (Quinn, Michael) Modified Docket Text on 6/14/2011 (KWR). (Entered: 06/10/2011)
06/10/201111 ORDER (CVG) that the time to try this case is extended up to and including September 30, 2011. (SED) (Entered: 06/10/2011)
06/21/201112  MOTION Joint Motion to Set Date for Plea Hearing by USA as to GEM MANUFACTURING LLC. (Attachments: # 1 Text of Proposed Order) (Jones, Nelson) (Main Document 12 replaced on 6/22/2011) (KWR). (Entered: 06/21/2011)
06/21/201113 MEMORANDUM in Support by USA as to GEM MANUFACTURING LLC re 12 MOTION Joint Motion to Set Date for Plea Hearing (Memorandum of Explanation) (Jones, Nelson) (Entered: 06/21/2011)
06/21/2011  NOTICE OF CORRECTED DOCKET ENTRY - Error: No Certificate of Service Page Correction: Document containing Certificate of service page uploaded to replace previous document as to GEM MANUFACTURING LLC: Re: 12 MOTION Joint Motion to Set Date for Plea Hearing (KWR) (Entered: 06/22/2011)
06/22/201114 MEMORANDUM in Support by USA as to GEM MANUFACTURING LLC re 12 MOTION Joint Motion to Set Date for Plea Hearing (Amended Memorandum of Explanation) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Jones, Nelson) (Entered: 06/22/2011)
06/23/201115 NOTICE OF ATTORNEY APPEARANCE Christopher Hale appearing for USA. (Hale, Christopher) (Entered: 06/23/2011)
06/28/201116 ORDER (CVG). It is hereby ORDERED that a change of plea hearing is SCHEDULED in this matter for 10:30 a.m. on July 1, 2011. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (SED) (Entered: 06/28/2011)
06/29/201117 Emergency MOTION to Continue Change of Plea Hearing Currently Scheduled for 10:30 a.m. on July 1, 2011 by GEM MANUFACTURING LLC. (Attachments: # 1 Text of Proposed Order) (Quinn, Michael) (Main Document 17 replaced on 6/29/2011) (KWR). (Entered: 06/29/2011)
06/29/2011  NOTICE OF CORRECTED DOCKET ENTRY - Error: Wrong date on Certificate of Service page Correction: Document containing correct date uploaded to replace previous document as to GEM MANUFACTURING LLC: Re: 17 Emergency MOTION to Continue Change of Plea Hearing Currently Scheduled for 10:30 a.m. on July 1, 2011 (KWR) (Entered: 06/29/2011)
06/30/201118 ORDER (CVG). The change of plea hearing in this matter, previously scheduled for July 1, 2011 is RESCHEDULED for 9:30 a.m. on July 15, 2011. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (SED) (Entered: 06/30/2011)
07/15/201119 NOTICE REGARDING ENTRY OF PLEA as to GEM MANUFACTURING LLC (LT) (Entered: 07/15/2011)
07/15/201120 APPLICATION FOR PERMISSION TO ENTER PLEA as to GEM MANUFACTURING LLC (LT) (Entered: 07/15/2011)
07/15/201121 CONSENT TO INSTITUTE PRESENTENCE INVESTIGATION as to GEM MANUFACTURING LLC (LT) (Entered: 07/15/2011)
07/15/201122 REVISED PLEA AGREEMENT as to GEM MANUFACTURING LLC (LT) (Entered: 07/15/2011)
07/15/201123 Minute Entry for proceedings held before Magistrate Judge Ruth Miller:Change of Plea Hearing as to GEM MANUFACTURING LLC held on 7/15/2011, ( Sentencing set for 10/26/2011 09:30 AM in District Judge Ctrm1-STT before Chief Judge Curtis V Gomez.) (Court Reporter Chandra Kean.) (LT) (Entered: 07/15/2011)
07/15/201124 REPORT AND RECOMMENDATIONS on Plea of Guilty as to GEM MANUFACTURING LLC (RM) dated 7/15/2011 (LT) (Entered: 07/15/2011)
08/24/201125 NOTICE OF HEARING as to GEM MANUFACTURING LLC Sentencing set for 10/26/2011 09:30 AM in District Judge Ctrm1-STT before Chief Judge Curtis V Gomez. (LT) (Entered: 08/24/2011)
10/14/201126 ORDER (CVG) pursuant to the Report and Recommendation of the United States Magistrate to which there is no timely objection, the plea of guilty of the defendant to violations of the Lacey Act, as alleged in Counts I and II; and to violations of the Endangered Species Act, as alleged in Counts III through VII of the Information, is accepted, and the defendant is adjudged guilty of such offense. (adopting 24 Report and Recommendations on Plea of Guilty as to GEM MANUFACTURING LLC (1)) (DHK) (Entered: 10/14/2011)
10/26/201132 Minute Entry for proceedings held before Chief Judge Curtis V Gomez:Sentencing held on 10/26/2011 for GEM MANUFACTURING LLC (1), Count(s) 1-2, 3-7. Defendant, GEM Manufactuing sentence to a term of 3 years and 6 months supervised probation on Cts. 1 thru 7 to be served concurrently. Deft. shall make 3 community service payments totaling $500,000.00. Deft. shall pay a fine of $1,800,000.00, and a Special assessment in the amount of $1,425.00. The Court has approved the Consent Order today, that said Consent Order is hereby APPROVED. (Court Reporter Chandra Kean.) (LT) (Entered: 11/02/2011)
10/28/201127 NOTICE of Filing of Proof of Deposit of First Installment of Criminal Fine by GEM MANUFACTURING LLC (Attachments: # 1 Exhibit A (copies of $1 million bank check and deposit receipt from Clerk of the District Court dated October 28, 2011)) (Quinn, Michael) (Entered: 10/28/2011)
10/28/201128 NOTICE of Filing of Raw Coral Divestiture Certification and Inventory in the U.S. Probation Office by GEM MANUFACTURING LLC (Attachments: # 1 Exhibit A (Raw Coral Divestiture Certification and Inventory)) (Quinn, Michael) (Entered: 10/28/2011)
10/28/201129 NOTICE of Filing of Proof of Delivery of Community Service Payment to University of the Virgin Islands by GEM MANUFACTURING LLC (Attachments: # 1 Exhibit A (copies of $250,000 bank check to UVI and receipt of hand delivery)) (Quinn, Michael) (Entered: 10/28/2011)
10/28/201130 NOTICE of Filing of Proof of Delivery of Community Service Payment to Smithsonian Institution by GEM MANUFACTURING LLC (Attachments: # 1 Exhibit A (copies of $100,000 bank check to Smithsonian Institution and related documents)) (Quinn, Michael) (Entered: 10/28/2011)
10/28/201131 NOTICE of Filing of Proof of Delivery of Community Service Payment to National Fish and Wildlife Foundation by GEM MANUFACTURING LLC (Attachments: # 1 Exhibit A (copies of $150,000 bank check to National Fish and Wildlife Foundation and related documents)) (Quinn, Michael) (Entered: 10/28/2011)
04/04/201233 JUDGMENT as to GEM MANUFACTURING LLC (1), Count(s) 1-2, 3-7, GEM Manufactuing sentence to 3 years and 6 months supervised probation & placed on supervised probation on Cts. 1 thru 7 to be served concurrently. Deft. shall make 3 community service payments totaling $500,000.00. Deft. shall pay a fine of $1,800,000.00, and a Special assessment in the amount of $1,425.00. The Court has approved the consent order today, that said Consent Order is hereby APPROVED. (CVG) dated 3/30/12 (Attachments: # 1 Consent Order of Forfeiture) (CAD) (Entered: 04/04/2012)
08/30/201234  MOTION for Final Order of Forfeiture by USA as to GEM MANUFACTURING LLC. (Attachments: # 1 Text of Proposed Order) (Hewlett, Joycelyn) (Entered: 08/30/2012)
08/30/201235 MEMORANDUM in Support by USA as to GEM MANUFACTURING LLC re 34 MOTION for Final Order of Forfeiture (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Hewlett, Joycelyn) (Entered: 08/30/2012)
11/27/201236 NOTICE of Filing of Proof of Court-Ordered Community Service Payments by All Defendants as to GEM MANUFACTURING LLC (Attachments: # 1 Exhibit A (NOAA - bank check and receipt of deposit), # 2 Exhibit B (FWS - receipt of deposit)) (Quinn, Michael) (Entered: 11/27/2012)
02/15/201337 NOTICE of Proposed Dissolution by All Defendants as to GEM MANUFACTURING LLC (Attachments: # 1 Exhibit (e-mail correspondence from W. Lawler to C. Hale)) (Quinn, Michael) (Entered: 02/15/2013)
02/19/201338 ORDER (CVG) dated 2/19/2013granting 34 Motion as to GEM MANUFACTURING LLC Final Order of Forfeiture. (1) (LT) (Entered: 02/20/2013)