CLOSED, LAW_CLERK_A

U.S. District Court
United States District Court for the Western District of Washington (Tacoma)
CRIMINAL DOCKET FOR CASE #: 3:03-cr-05765-RBL-1


Case title: USA v. Hoegh Fleet Services, A/S

Date Filed: 11/19/2003
Date Terminated: 06/29/2004

Assigned to: Judge Ronald B. Leighton

Defendant (1)
Hoegh Fleet Services, A/S
TERMINATED: 06/29/2004
represented byIrwin H. Schwartz
IRWIN SCHWARTZ LAW OFFICE
710 CHERRY STREET
SEATTLE, WA 98104
206-623-5084
Fax: FAX 623-5951
Email: irwin@ihschwartz.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
OBSTRUCTION OF AGENCY MATTER 18:1519
(2)
48 Months Probation; $3,500,000.00 Fine as directed in Judgment; Spec Assess $2,800.00; Appeal Rights Waived
FALSE STATEMENT 18:1001
(3)
48 Months Probation; $3,500,000.00 Fine as directed in Judgment; Spec Assess $2,800.00; Appeal Rights Waived

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
CONSPIRACY TO DEFRAUD THE UNITED STATES 18:371
(1)
Dismissed
MAKING AND USING FALSE WRITING, CAUSING AN ACT TO BE DONE
(1s)
Dismissed
MAKING AND USING FALSE WRITING
(1ss)
Dismissed
FAILURE TO MAINTAIN AN ACCURATE OIL RECORD BOOK; CAUSING AN ACT TO BE DONE
(2s)
Dismissed
FAILURE TO MAINTAIN ACCURATE OIL RECORD BOOK
(2ss)
Dismissed
FAILURE TO MAINTAIN PROPER OIL RECORD BOOK 33:1908(A) 18:2, 33:151.25(a) & (h)
(4)
48 Months Probation; $3,500,000.00 Fine as directed in Judgment; Spec Assess $2,800.00; Appeal Rights Waived

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Interested Party
Leif Hoegh & Co A/S represented bySheryl Gordon McCloud
LAW OFFICES OF SHERYL GORDON MCCLOUD
710 CHERRY ST
SEATTLE, WA 98104-1925
206-224-8777
Fax: 206-623-5951
Email: sheryl@sgmccloud.com
TERMINATED: 06/29/2007
LEAD ATTORNEY
ATTORNEY TO BE NOTICED


Plaintiff
USA represented byJames D Oesterle
US ATTORNEY'S OFFICE (SEA)
700 STEWART ST
STE 5220
SEATTLE, WA 98101-1271
206-553-5040
Email: jim.oesterle@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Larry R Kennedy , II
U.S. COAST GUARD
Legal Office
1240 E. 9th Street
Rm 2075
Cleveland, OH 44199-2060
216-902-6010
Fax: 216-902-6055
Email: Larry.R.Kennedy@uscg.mil
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Arlen R Storm
US ATTORNEY'S OFFICE (TACOMA)
1201 PACIFIC AVE
STE 700
TACOMA, WA 98402
253-428-3800
Email: Arlen.Storm@usdoj.gov
TERMINATED: 05/17/2007

Mark D Chutkow
US ATTORNEY'S OFFICE
601 UNION ST
STE 5100
SEATTLE, WA 98101-3903
206-553-7970
Fax: FAX 553-2502
Email: Mark.Chutkow@usdoj.gov
TERMINATED: 01/11/2007

Date Filed #Docket Text
11/19/20031INDICTMENT as to Hoegh Fleet Services, A/S (1) count(s) 1, 2, 3, 4. (Attachments: # 1 Status Sheet) (JK, ) (Entered: 11/20/2003)
11/19/20032PRAECIPE FOR A SUMMONS by USA as to Hoegh Fleet Services, A/S Initial Appearance set for 12/5/2003 01:30 PM in Courtroom D before Hon. J. Kelley Arnold. (JK, ) (Entered: 11/20/2003)
11/19/20033ORDER as to Hoegh Fleet Services, A/S re 1 Summons) (JK, ) (Entered: 11/20/2003)
11/19/20034Summons Issued as to Hoegh Fleet Services, A/S Initial Appearance set for 12/5/2003 01:30 PM in Courtroom D before Hon. J. Kelley Arnold. (JK, ) (Entered: 11/20/2003)
11/19/20035NOTICE of Related Case CR03-5596 RBL (JK, ) (Entered: 11/20/2003)
11/25/20036MINUTE ORDER REASSIGNING CASE Case reassigned to Judge Ronald B. Leighton for all further proceedings (KM, ) (Entered: 11/25/2003)
11/25/20037CORRECTED ORDER REASSIGNING CASE (KM, ) (Entered: 11/25/2003)
12/02/2003  HEARING CONTINUED as to Hoegh Fleet Services, A/S : Initial Appearance continued to 12/9/2003 at 10:00 AM in Courtroom F before Hon. Karen L Strombom. (TW, ) (Entered: 12/02/2003)
12/02/20038Letter from Atty Irwin Schwartz requesting continuance of initial appearance as to defendant Hoegh Fleet Services, A/S (TW, ) (Entered: 12/04/2003)
12/09/2003Minute Entry for proceedings held before Judge Karen L Strombom - CRD: Traci Whiteley; AUSA: Mark Chutkow & Larry Kennedy; Def Cnsl: Irwin Schwartz; Tape No: KLS 73; ARRAIGNMENT as to Hoegh Fleet Services, A/S (1) Count 1,2,3,4 held on 12/9/2003. Defendant(s) advised of rights, charges and penalties. Defendant(s) pleads NOT GUILTY to all charges. Motions due by 1/2/2004; Jury Trial set for 2/9/2004 at 09:30 AM in Courtroom B before Hon. Ronald B. Leighton. Pretrial Conference set for 2/3/2004 at 09:00 AM in Courtroom B before Hon. Ronald B. Leighton. (TW, ) (Entered: 12/09/2003)
12/09/200310DFT'S REQUEST FOR DISCOVERY by Hoegh Fleet Services, A/S (ECS, ) (Entered: 12/10/2003)
12/09/200311NOTICE OF ATTORNEY APPEARANCE: Irwin H. Schwartz appearing for Hoegh Fleet Services, A/S (ECS, ) (Entered: 12/10/2003)
12/11/200312 MOTION for Extension of Time Request for Status Conference by Hoegh Fleet Services, A/S. Noting Date 12/19/2003. (Schwartz, Irwin) (Entered: 12/11/2003)
12/17/200313Summons Returned Executed on 12/2/03 as to Hoegh Fleet Services, A/S. (CAR, ) (Entered: 12/18/2003)
12/31/200314 MOTION To Take Deposition by USA as to Hoegh Fleet Services, A/S. Noting Date 1/9/2004. (Attachments: # 1 Text of Proposed Order)(Chutkow, Mark) (Entered: 12/31/2003)
01/08/200415RESPONSE/OBJECTIONS to Motion by Hoegh Fleet Services, A/S re 14 P's MOTION To Take Deposition, EVID HRG AND OA REQ (ECS, ) (Entered: 01/09/2004)
01/09/200416 NOTICE OF HEARING ON 14 MOTION To Take Deposition: Motion Hearing/Status Conference is set for 1/16/2004 01:30 PM in Courtroom B before Hon. Ronald B. Leighton. Signed by Jean Boring(JAB, ) (Entered: 01/09/2004)
01/09/200420DECLARATION of Counsel in support of Order Permitting US to take the deposition 14 (CAR, ) (Entered: 01/13/2004)
01/12/200417 MOTION to Quash Trial Subpoena by Hoegh Fleet Services, A/S. Noting Date 01/23/04. Oral Argument Requested.(Schwartz, Irwin) (Entered: 01/12/2004)
01/13/200418NOTICE OF APPEARANCE OF NON-PARTY LEIF HOEGH & CO. SHIPPING, A/S by Hoegh Fleet Services, A/S (Attachments: # 1 Certificate of Service)(McCloud, Sheryl) (Entered: 01/13/2004)
01/13/200419 MOTION to Quash TRIAL SUBPOENA OF NON-PARTY LEIF HOEGH & CO. SHIPPING, A/S by Leif Hoegh & Co A/S as to Hoegh Fleet Services, A/S. Noting Date 1/23/2004. (Attachments: # 1 Certificate of Service)(McCloud, Sheryl) (Entered: 01/13/2004)
01/13/200421APPENDIX re 19 MOTION to Quash TRIAL SUBPOENA OF NON-PARTY LEIF HOEGH & CO. SHIPPING, A/S Appendix A by Leif Hoegh & Co A/S as to Hoegh Fleet Services, A/S (McCloud, Sheryl) (Entered: 01/13/2004)
01/14/200422Praecipe by Hoegh Fleet Services requesting 4 trial subpoenas in blank, issd (ECS, ) (Entered: 01/15/2004)
01/16/200423 MOTION to Continue Trial Date by USA as to Hoegh Fleet Services, A/S. (Attachments: # 1 Proposed Order Continuing Trial Date)(Chutkow, Mark) (Entered: 01/16/2004)
01/20/200424ORDER granting 23 Motion to Continue Trial as to Hoegh Fleet Services, A/S (1) by Judge Ronald B. Leighton. Jury Trial set for/will resume 5/17/2004 09:30 AM in Courtroom B before Hon. Ronald B. Leighton. Motions due by 4/1/2004; pretrial conference set for 5/7/04 at 9:30 AM. (ECS, ) (Entered: 01/20/2004)
01/20/2004  Set/Reset Hearings as to Hoegh Fleet Services, A/S : Pretrial Conference set for 5/7/2004 09:30 AM in Courtroom B before Hon. Ronald B. Leighton. (ECS, ) (Entered: 01/20/2004)
01/22/200425WAIVER of Speedy Trial by Hoegh Fleet Services, A/S (Schwartz, Irwin) (Entered: 01/22/2004)
02/25/200426 MINUTE ORDER as to Hoegh Fleet Services, A/S Change of Plea Hearing set for 3/17/2004 09:00 AM in Courtroom B before Hon. Ronald B. Leighton. Signed by Jean Boring as authorized by Judge Ronald B. Leighton. (JAB, ) (Entered: 02/25/2004)
02/27/200427CONSENT TO TRANSFER JURISDICTION (Rule 20) from ND/CA by Hoegh Fleet Services, A/S. Case Number in Other District CR-04-40030-DLJ Documents Received from Other Court include Certified Copy of Docket Entries; Certified Copy of Indictment/Information; Certified Copy of Consent to Transfer (ECS, ) (Entered: 03/01/2004)
03/08/200428CONSENT TO TRANSFER JURISDICTION (Rule 20) from CD/CA by Hoegh Fleet Services, A/S. Case Number in Other District CR04-195 Documents Received from Other Court include Consent to Transfer Case for Plea & Sentence; Information; Certified copy of Docket Sheet (ECS, ) (Entered: 03/08/2004)
03/11/200429PLEA AGREEMENT as to Hoegh Fleet Services, A/S (cc: USPO, FLU) (ECS, ) (Entered: 03/15/2004)
03/12/200430PROPOSED WAIVER OF INDICTMENT by Hoegh Fleet Services, A/S (ECS, ) Modified on 3/17/2004 to add "proposed" (ECS, ). (Entered: 03/15/2004)
03/12/200431DECLARATION/ORIGINAL CORPORATE MINUTES of Chairman of Hoegh Fleet Svcs re 30 Waiver of Indictment filed by Hoegh Fleet Services, A/S (ECS, ) (Entered: 03/15/2004)
03/15/200433Praecipe/EXHIBIT A by USA as to 29 Plea Agreement (ECS, ) (Entered: 03/17/2004)
03/17/200432 Minute Entry for proceedings held before Judge Ronald B. Leighton - CRD: Jean Boring; AUSA: Mark Chutkow/Jim Osterly/Larry Kennedy; Def Cnsl: Irwin Schwartz; USPO: Becky Miller; Court Reporter: Julaine Ryen (USDC); CHANGE OF PLEA HEARING held on 3/17/2004. Defendant Corporation present through counsel pursuant to the Corporate Resolution & Minutes previously filed. Defendant representative advised of rights/charges/penalties; Defendant corporation waives indictment by the Grand Jury in Case CR04-195 CD of CA and CR04-40030DLJ ND of CA; Court reviews the plea agreement; Hoegh Fleet Services, A/S (1) pleads GUILTY to Count 1s,2,2s,3,4. Remaining Counts to be dismissed at sentencing. Court orders the preparation of a Presentence Report. Sentencing set for 6/29/2004 09:30 AM in Courtroom B before Hon. Ronald B. Leighton. (JAB, ) (Entered: 03/17/2004)
03/17/200434WAIVER OF INDICTMENT by Hoegh Fleet Services, A/S (Attachments: # 1)(ECS, ) (Entered: 03/17/2004)
03/17/200435ORDER RE SENTENCING PROCEDURE as to Hoegh Fleet Services, A/S by Judge Ronald B. Leighton. Sentencing set for 6/29/2004 09:30 AM in Courtroom B before Hon. Ronald B. Leighton. (ECS, ) (Entered: 03/17/2004)
06/16/2004  TIME OF HEARING CHANGED as to Hoegh Fleet Services, A/S : Pursuant to the request of the court and the agreement of counsel the time for the Sentencing is changed from 10:00 AM to 08:30 AM in Courtroom B before Hon. Ronald B. Leighton. s/Jean Boring as directed by Judge Leighton. (JAB, ) (Entered: 06/16/2004)
06/22/200436SENTENCING MEMORANDUM by Hoegh Fleet Services, A/S (Attachments: # 7 Exhibits 21 - 24, Appendices 1 - 2)(Schwartz, Irwin) (Entered: 06/22/2004)
06/22/200437NOTICE OF ATTORNEY APPEARANCE Arlen R Storm appearing for USA. (Storm, Arlen) (Entered: 06/22/2004)
06/23/200438SENTENCING MEMORANDUM by USA as to Hoegh Fleet Services, A/S (Attachments: # 1 Exhibit A)(Storm, Arlen) (Entered: 06/23/2004)
06/23/200439SUPPLEMENT TO GOVERNMENT'S SENTENCING MEMORANDUM by USA as to Hoegh Fleet Services, A/S (Attachments: # 2 Exhibit B)(Storm, Arlen) (Entered: 06/23/2004)
06/28/200440MEMORANDUM In Support of Government's Requested Whistleblower Award by Hoegh Fleet Services, A/S (Kuh, Jerome) (Entered: 06/28/2004)
06/29/200441 Minute Entry for proceedings held before Judge Ronald B. Leighton - CRD: Jean Boring; AUSA: James Oesterle(EPA)/Larry Kennedy(USCG)/William Carter(AUSA LA); Def Cnsl: Irwin Schwartz; USPO/PTS: Kalen Thomas for Becky Miller; Court Reporter: Julaine Ryen (USDC); SENTENCING held on 6/29/2004 for Hoegh Fleet Services, A/S (1), Count(s) 1, 1s, 1ss, 2s, 2ss, Dismissed; Count(s) 2, 3, 4, 48 Months Probation; $3,500,000.00 Fine as directed in Judgment; Spec Assess $2,800.00; Appeal Rights Waived. (JAB, ) (Entered: 06/29/2004)
06/29/200442JUDGMENT as to Hoegh Fleet Services, A/S by Judge Ronald B. Leighton. (cc: USPO, PTS, USMO, FLU, Fin.) (CAR, ) (Entered: 06/30/2004)
12/16/200443STIPULATION for Amendment of Judgment by parties (Attachments: # 2 Proposed Order Proposed Order)(Zarky, Alan) (Entered: 12/16/2004)
12/17/200444STIPULATION AND ORDER 43 that the judgment in this case be amended, directing the clerk to issue a new check to Emmanuel Farnacio by Judge Ronald B. Leighton. (CAR, Financial ) (Entered: 12/17/2004)
11/22/200645PROBATION PETITION/ORDER FOR ISSUANCE OF A SUMMONS as to Hoegh Fleet Services, A/S by Judge Ronald B. Leighton. (cc: USPO, USA, Def Counsel) Initial Appearance on Revocation Proceedings set for 1/9/2007 at 08:30 AM in B Courtroom before Hon. Ronald B. Leighton. (CAR, ) (Entered: 12/11/2006)
12/14/200647 NOTICE OF RESCHEDULED HEARING as to Hoegh Fleet Services, A/S: Pursuant to the request and agreement of counsel, the Hearing re Revocation of Supervised Release is RESET for 2/13/2007 at 08:30 AM in B Courtroom before Hon. Ronald B. Leighton. Counsel are directed to advise Jean Boring at 253-882-3823 if an evidentiary hearing will be needed. Who the witnesses will be and the anticipated length of the hearing 5 days prior to the scheduled hearing. s/Jean Boring as authorized by Judge Leighton.(cc: USPO, PTS, USMO)(JAB, ) (Entered: 12/14/2006)
01/10/200749 NOTICE OF RESCHEDULED HEARING as to Hoegh Fleet Services, A/S: Pursuant to the request and agreement of counsel, the Evidentiary Hearing on Revocation of Supervised Release is RESET for 3/8/2007 at 08:30 AM in B Courtroom before Hon. Ronald B. Leighton. s/Jean Boring as authorized by Judge Leighton. (cc: USPO, PTS, USMO)(JAB, ) (Entered: 01/10/2007)
01/11/200750NOTICE OF WITHDRAWAL OF COUNSEL by USA as to Hoegh Fleet Services, A/S (Chutkow, Mark) (Entered: 01/11/2007)
02/27/200751 NOTICE OF RESCHEDULED HEARING as to Hoegh Fleet Services, A/S: Pursuant to the request and agreement of counsel the Evidentiary Hearing re Revocation of Supervised Release is RESET for 5/25/2007 at 09:00 AM in B Courtroom before Hon. Ronald B. Leighton. Counsel should advise Jean Boring at 253-882-3823 if the evid hrg will not be required. s/J Boring as authorized by Judge Leighton.(cc: USPO, PTS, USMO)(JAB, ) (Entered: 02/27/2007)
05/10/200752 NOTICE OF RESCHEDULED HEARING as to Hoegh Fleet Services, A/S Evidentiary Hearing on Revocation of Supervised Release is RESET for 9/14/2007 at 09:00 AM in B Courtroom before Hon. Ronald B. Leighton. (cc: USPO, PTS, USMO)(JAB, ) (Entered: 05/15/2007)
05/15/200753 MINUTE ORDER Regarding the SV Release Violation Hearing set 9/14/2007 at 9:00 am. At this time counsel has requested an evidentiary hearing. If counsel determines that the evidentiary hearing will last later than 12:00 noon or will not be required, they are requested to contact Jean Boring either by email jean_boring@wawd.uscourts.gov or by phone (253) 882-3823. Should the defendant admit the violation(s), disposition shall also be determined at the same time, if appropriate. s/Jean Boring as authorized by Judge Ronald B. Leighton. (cc: USPO) (Entered: 05/15/2007)
05/17/200754NOTICE OF WITHDRAWAL OF COUNSEL by USA as to Hoegh Fleet Services, A/S (Storm, Arlen) (Entered: 05/17/2007)
09/10/200755 MINUTE ORDER STRIKING the SVR Violation Hrg set on 9/14/07 as to Hoegh Fleet Services, A/S. Pursuant to the request and agreement of counsel, additional time is needed to prepare for this hearing. The Violation Hrg shall be rescheduled upon confimation of new date with counsel. s/Jean Boring as authorized by Judge Ronald B. Leighton. (cc: USPO) (JAB, ) (Entered: 09/10/2007)
09/24/200756 NOTICE OF RESCHEDULED HEARING as to Hoegh Fleet Services, A/S: Hearing on Revocation of Supervised Release is RESET for 1/11/2008 at 09:00 AM in B Courtroom before Hon. Ronald B. Leighton at the joint request of counsel. (cc: USPO, PTS, USMO)(JAB, ) (Entered: 09/24/2007)
12/24/200757STIPULATION AND PROPOSED ORDER by parties (Schwartz, Irwin) (Entered: 12/24/2007)
01/02/200858STIPULATION AND AGREEMENT to Modify term of probation under FRCRP 31(c) and 18 USC 3564(d) re 45 Probation Petition. Signed by Judge Ronald B. Leighton. The Violation Hearing scheduled for 1/11/2008 is STRICKEN. (JAB, ) (Entered: 01/03/2008)