CLOSED

U.S. District Court
District of Rhode Island (Providence)
CRIMINAL DOCKET FOR CASE #: 1:10-cr-00144-ML -LDA-2


Case title: USA v. Jin et al

Date Filed: 10/01/2010
Date Terminated: 10/07/2010

Assigned to: Judge Mary M Lisi
Referred to: Magistrate Judge Lincoln D. Almond

Defendant (2)
Genescience Pharmaceutical Co., Ltd
TERMINATED: 10/07/2010
represented byJohn A. Tarantino
Adler Pollock & Sheehan P.C.
One Citizens Plaza
8th Floor
Providence, RI 02903
274-7200
Fax: 351-4607
Email: jtarantino@apslaw.com
ATTORNEY TO BE NOTICED
Designation: Retained

Patricia K. Rocha
Adler Pollock & Sheehan P.C.
One Citizens Plaza
8th Floor
Providence, RI 02903
274-7200
Fax: 351-4607
Email: procha@apslaw.com
ATTORNEY TO BE NOTICED

Pending Counts

Disposition
21:331(d), 355(a) and 333(a)(2) Intent to mislead, introduce into interstate commerce a new drug without the approval of Secretary of Health and Human Services
(1)
5 years' probation; community service obligation in the form of contribution of $3,000,000 (joint-and several obligation with co-deft Lei Jin); forfeiture judgment in the amount of $4,500,000(joint-and several obligation with co-deft Lei Jin); $400 special assessment; $10,000 fine.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byAdi Goldstein
U.S. ATTORNEY'S OFFICE
Fleet Center
50 Kennedy Plaza
8th Floor
Providence, RI 02903
709-5000
Fax: 709-5001
Email: adi.goldstein@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
10/01/20101INFORMATION as to Lei Jin (1) count(s) 2, Genescience Pharmaceutical Co., Ltd (2) count(s) 1. (Attachments: # 1 Criminal Cover Sheet) (Barletta, Barbara) (Entered: 10/01/2010)
10/01/2010  NOTICE OF FORFEITURE ALLEGATION by USA as to Lei Jin, Genescience Pharmaceutical Co., Ltd (Barletta, Barbara) (Entered: 10/01/2010)
10/01/20103PLEA AGREEMENT as to Genescience Pharmaceutical Co., Ltd (Attachments: # 3 Monetary corrections made at pages 2 and 4 on 10/6/2010) (Duhamel, John). (Entered: 10/01/2010)
10/01/20104Consent Decree for Forfeiture as to Lei Jin, Genescience Pharmaceutical Co., Ltd: (Barletta, Barbara) (Entered: 10/01/2010)
10/01/2010  NOTICE OF HEARING as to Lei Jin, Genescience Pharmaceutical Co., Ltd Arraignment set for Wednesday, 10/6/2010 at 03:30 PM; Change of Plea Hearing set for Wednesday, 10/6/2010 at 03:30 PM and Sentencing set for Wednesday, 10/6/2010 at 03:30 PM in Courtroom 1 before Chief Judge Mary M Lisi.(Barletta, Barbara) (Entered: 10/01/2010)
10/06/2010  Minute Entry for proceedings held before Chief Judge Mary M. Lisi: Arraignment as to Lei Jin (1) Count 2 and Genescience Pharmaceutical Co., Ltd (2) Count 1 held on 10/6/2010, Change of Plea Hearing as to Lei Jin, Genescience Pharmaceutical Co., Ltd held on 10/6/2010. -- Plea entered by Lei Jin (1) Count 2 and Genescience Pharmaceutical Co., Ltd (2) Count 1: Lei Jin (1): Guilty as to Count 2 and Genescience Pharmaceutical Co., Ltd (2) Guilty as to Count 1. -- Sentencing held on 10/6/2010 for Lei Jin (1) Count 2 and Genescience Pharmaceutical Co., Ltd (2) Count 1. --- AUSA Adi Goldstein (Govt); Anthony M. Traini, Esq. (for Deft Jin); John A. Tarantino, Esq. (for Deft Genescience) --- Defts are not present (Chinese Nationals and not subject to extradition). Both Defts have waived right to have PSR prepared. Waiver of Indictment executed by Mr. Tarantino on behalf of Genescience; no Waiver of Indictment necessary re Deft Jin's misdemeanor offense. Messrs. Traini and Tarantino address the Court, stating that they have been authorized by Defts to enter into Plea Agreements. Corrections have been made to both Plea Agreements as to special assessment amounts due. AUSA Goldstein presents factual basis re both pleas. Both Defts enter guilty pleas through defense counsel. Court accepts both pleas. -- Court imposes sentence as follows: for Lei Jin (1), Count 2: 5 years' probation; community service obligation in the form of contribution of $3,000,000 (joint-and several obligation with co-deft Genescience) to create Clean Competition Fund; forfeiture judgment in the amount of $4,500,000 (joint-and several obligation with co-deft Genescience); $25 special assessment; $1,000 fine; for Genescience Pharmaceutical Co., Ltd (2), Count 1: 5 years' probation; community service obligation in the form of contribution of $3,000,000 (joint-and several obligation with co-deft Lei Jin) to create Clean Competition Fund; forfeiture judgment in the amount of $4,500,000 (joint-and several obligation with co-deft Lei Jin); $400 special assessment; $10,000 fine. -- Govt advises the Court that it will file written motions to dismiss the Indictments in CR 07-121ML as to Lei Jin and Genescience. (Court Reporter Karen Wischnowsky in Courtroom 1 at 3:30.) (Duhamel, John) Modified on 10/7/2010 to correct hearing date. (Duhamel, John). (Entered: 10/07/2010)
10/06/20105WAIVER OF INDICTMENT by Genescience Pharmaceutical Co., Ltd (Duhamel, John) (Entered: 10/07/2010)
10/06/20106ORDER OF FORFEITURE as to Lei Jin, Genescience Pharmaceutical Co., Ltd. Signed by Chief Judge Mary M. Lisi on 10/6/2010. (Duhamel, John) (Entered: 10/07/2010)
10/07/20107TRANSCRIPT REQUEST by Genescience Pharmaceutical Co., Ltd for proceedings held on 10-06-2010 before Judge Lisi. (Tarantino, John) (Entered: 10/07/2010)
10/07/20108EXHIBIT IN SUPPORT by USA as to Lei Jin, Genescience Pharmaceutical Co., Ltd in support of 3 Exhibit F)(Goldstein, Adi) (Entered: 10/07/2010)
10/07/20109JUDGMENT as to Genescience Pharmaceutical Co., Ltd (2), Count 1: 5 years' probation; community service obligation in the form of contribution of $3,000,000 (joint-and several obligation with co-deft Lei Jin); forfeiture judgment in the amount of $4,500,000(joint-and several obligation with co-deft Lei Jin); $400 special assessment; $10,000 fine. Signed by Chief Judge Mary M. Lisi on 10/7/2010. (Duhamel, John) (Entered: 10/08/2010)
10/15/201011TRANSCRIPT of Arraignment, Change of Plea and Sentencing Hearing as to Lei Jin and GeneScience Pharmaceutical Co., Ltd., held on October 6, 2010, before Chief Judge Mary M. Lisi. Court Reporter Karen Wischnowsky, Telephone number 401-351-8311. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained Deadline set for 11/15/2010. Release of Transcript Restriction set for 1/13/2011. (Wischnowsky, Karen) (Entered: 10/15/2010)
11/02/201013SATISFACTION OF JUDGMENT as to Monetary Impositions excluding Community Service Obligation by USA (Kane, Leslie) (Entered: 11/02/2010)
03/11/201114Process Return and Receipt Executed by United States Marshal re deposit into USMS Asset Forfeiture Fund (Duhamel, John) (Entered: 03/11/2011)