USA v. Jin et al

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 by	John 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 by	Adi 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
10/01/2010	1	INFORMATION 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)
10/01/2010	3	PLEA 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)
10/01/2010	4	Consent 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)
10/06/2010	5	WAIVER OF INDICTMENT by Genescience Pharmaceutical Co., Ltd (Duhamel, John) (Entered: 10/07/2010)
10/06/2010	6	ORDER 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)
10/07/2010	7	TRANSCRIPT REQUEST by Genescience Pharmaceutical Co., Ltd for proceedings held on 10-06-2010 before Judge Lisi. (Tarantino, John) (Entered: 10/07/2010)
10/07/2010	8	EXHIBIT IN SUPPORT by USA as to Lei Jin, Genescience Pharmaceutical Co., Ltd in support of 3 Exhibit F)(Goldstein, Adi) (Entered: 10/07/2010)
10/07/2010	9	JUDGMENT 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)
10/15/2010	11	TRANSCRIPT 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)
11/02/2010	13	SATISFACTION OF JUDGMENT as to Monetary Impositions excluding Community Service Obligation by USA (Kane, Leslie) (Entered: 11/02/2010)
03/11/2011	14	Process Return and Receipt Executed by United States Marshal re deposit into USMS Asset Forfeiture Fund (Duhamel, John) (Entered: 03/11/2011)