| CLOSED, LAW_CLERK_A |
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) |
||
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Hoegh Fleet Services, A/S
TERMINATED: 06/29/2004 |
represented by | Irwin 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 |
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| Leif Hoegh & Co A/S | represented by | Sheryl 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 |
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| USA | represented by | James 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 |
|---|---|---|
| 11/19/2003 | 1 | INDICTMENT as to Hoegh Fleet Services, A/S (1) count(s) 1, 2, 3, 4. (Attachments: # 1 Status Sheet) (JK, ) (Entered: 11/20/2003) |
| 11/19/2003 | 2 | PRAECIPE 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) |
| 11/19/2003 | 3 | ORDER as to Hoegh Fleet Services, A/S re 1 Summons) (JK, ) (Entered: 11/20/2003) |
| 11/19/2003 | 4 | Summons 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) |
| 11/19/2003 | 5 | NOTICE of Related Case CR03-5596 RBL (JK, ) (Entered: 11/20/2003) |
| 11/25/2003 | 6 | MINUTE ORDER REASSIGNING CASE Case reassigned to Judge Ronald B. Leighton for all further proceedings (KM, ) (Entered: 11/25/2003) |
| 11/25/2003 | 7 | CORRECTED 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) | |
| 12/02/2003 | 8 | Letter from Atty Irwin Schwartz requesting continuance of initial appearance as to defendant Hoegh Fleet Services, A/S (TW, ) (Entered: 12/04/2003) |
| 12/09/2003 | 9 | Minute 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) |
| 12/09/2003 | 10 | DFT'S REQUEST FOR DISCOVERY by Hoegh Fleet Services, A/S (ECS, ) (Entered: 12/10/2003) |
| 12/09/2003 | 11 | NOTICE OF ATTORNEY APPEARANCE: Irwin H. Schwartz appearing for Hoegh Fleet Services, A/S (ECS, ) (Entered: 12/10/2003) |
| 12/11/2003 | 12 | 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) |
| 12/17/2003 | 13 | Summons Returned Executed on 12/2/03 as to Hoegh Fleet Services, A/S. (CAR, ) (Entered: 12/18/2003) |
| 12/31/2003 | 14 | 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) |
| 01/08/2004 | 15 | RESPONSE/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) |
| 01/09/2004 | 16 | 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) |
| 01/09/2004 | 20 | DECLARATION of Counsel in support of Order Permitting US to take the deposition 14 (CAR, ) (Entered: 01/13/2004) |
| 01/12/2004 | 17 | 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) |
| 01/13/2004 | 18 | NOTICE 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) |
| 01/13/2004 | 19 | 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) |
| 01/13/2004 | 21 | APPENDIX 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) |
| 01/14/2004 | 22 | Praecipe by Hoegh Fleet Services requesting 4 trial subpoenas in blank, issd (ECS, ) (Entered: 01/15/2004) |
| 01/16/2004 | 23 | 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) |
| 01/20/2004 | 24 | ORDER 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) | |
| 01/22/2004 | 25 | WAIVER of Speedy Trial by Hoegh Fleet Services, A/S (Schwartz, Irwin) (Entered: 01/22/2004) |
| 02/25/2004 | 26 | 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) |
| 02/27/2004 | 27 | CONSENT 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) |
| 03/08/2004 | 28 | CONSENT 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) |
| 03/11/2004 | 29 | PLEA AGREEMENT as to Hoegh Fleet Services, A/S (cc: USPO, FLU) (ECS, ) (Entered: 03/15/2004) |
| 03/12/2004 | 30 | PROPOSED WAIVER OF INDICTMENT by Hoegh Fleet Services, A/S (ECS, ) Modified on 3/17/2004 to add "proposed" (ECS, ). (Entered: 03/15/2004) |
| 03/12/2004 | 31 | DECLARATION/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) |
| 03/15/2004 | 33 | Praecipe/EXHIBIT A by USA as to 29 Plea Agreement (ECS, ) (Entered: 03/17/2004) |
| 03/17/2004 | 32 | 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) |
| 03/17/2004 | 34 | WAIVER OF INDICTMENT by Hoegh Fleet Services, A/S (Attachments: # 1)(ECS, ) (Entered: 03/17/2004) |
| 03/17/2004 | 35 | ORDER 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) | |
| 06/22/2004 | 36 | SENTENCING MEMORANDUM by Hoegh Fleet Services, A/S (Attachments: # 7 Exhibits 21 - 24, Appendices 1 - 2)(Schwartz, Irwin) (Entered: 06/22/2004) |
| 06/22/2004 | 37 | NOTICE OF ATTORNEY APPEARANCE Arlen R Storm appearing for USA. (Storm, Arlen) (Entered: 06/22/2004) |
| 06/23/2004 | 38 | SENTENCING MEMORANDUM by USA as to Hoegh Fleet Services, A/S (Attachments: # 1 Exhibit A)(Storm, Arlen) (Entered: 06/23/2004) |
| 06/23/2004 | 39 | SUPPLEMENT TO GOVERNMENT'S SENTENCING MEMORANDUM by USA as to Hoegh Fleet Services, A/S (Attachments: # 2 Exhibit B)(Storm, Arlen) (Entered: 06/23/2004) |
| 06/28/2004 | 40 | MEMORANDUM In Support of Government's Requested Whistleblower Award by Hoegh Fleet Services, A/S (Kuh, Jerome) (Entered: 06/28/2004) |
| 06/29/2004 | 41 | 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) |
| 06/29/2004 | 42 | JUDGMENT as to Hoegh Fleet Services, A/S by Judge Ronald B. Leighton. (cc: USPO, PTS, USMO, FLU, Fin.) (CAR, ) (Entered: 06/30/2004) |
| 12/16/2004 | 43 | STIPULATION for Amendment of Judgment by parties (Attachments: # 2 Proposed Order Proposed Order)(Zarky, Alan) (Entered: 12/16/2004) |
| 12/17/2004 | 44 | STIPULATION 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) |
| 11/22/2006 | 45 | PROBATION 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) |
| 12/14/2006 | 47 | 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) |
| 01/10/2007 | 49 | 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) |
| 01/11/2007 | 50 | NOTICE OF WITHDRAWAL OF COUNSEL by USA as to Hoegh Fleet Services, A/S (Chutkow, Mark) (Entered: 01/11/2007) |
| 02/27/2007 | 51 | 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) |
| 05/10/2007 | 52 | 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) |
| 05/15/2007 | 53 | 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) |
| 05/17/2007 | 54 | NOTICE OF WITHDRAWAL OF COUNSEL by USA as to Hoegh Fleet Services, A/S (Storm, Arlen) (Entered: 05/17/2007) |
| 09/10/2007 | 55 | 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) |
| 09/24/2007 | 56 | 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) |
| 12/24/2007 | 57 | STIPULATION AND PROPOSED ORDER by parties (Schwartz, Irwin) (Entered: 12/24/2007) |
| 01/02/2008 | 58 | STIPULATION 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) |