District of Hawaii (Hawaii)
CRIMINAL DOCKET FOR CASE #: 1:03-cr-00245-SOM-1,2

Case title: USA v. Hop Kee Pyrotechnics, et al

Date Filed: 05/15/2003

Assigned to: JUDGE SUSAN OKI MOLLWAY

Defendant (1)
Hop Kee Pyrotechnics, Ltd.

Pending Counts

Disposition
18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
18:842(a)(1), 844(a), and 2 IMPORTING and DEALING IN EXPLOSIVE MATERIALS
(2)
18:842(a)(3)(A), 844(4) and 2 Receiving foreign Commerce - EXPLOSIVE MATERIALS
(3)
18:542 and 2 ENTRY OF GOODS BY MEANS OF FALSE STATEMENTS
(4)
18:542 and 2 ENTRY OF GOODS BY MEANS OF FALSE STATEMENTS
(5)
18:542 and 2 ENTRY OF GOODS BY MEANS OF FALSE STATEMENTS
(6-8)

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: JUDGE SUSAN OKI MOLLWAY

Defendant (2)
H K Services Incorporated,
TERMINATED: 11/01/2004
represented byAmber Finch
Sheppard Mullin Richter Hampton LLP
333 S Hope St 48th Flr
Los Angeles, CA 90071-1448
213 620-1780
TERMINATED: 11/01/2004
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Kenneth P. White
Sheppard Mullin Richter Hampton LLP
333 S Hope St 48th Flr
Los Angeles, CA 90071-1448
213 620-1780
TERMINATED: 11/01/2004
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Thomas M. Brown
Sheppard Mullin Richter Hampton LLP
333 S Hope St 48th Flr
Los Angeles, CA 90071-1448
213 620-1780
TERMINATED: 11/01/2004
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES
(1s)
Probation: 2 years; SA: $400.00
18:842, 542 and 982 CRIMINAL FORFEITURE
(2s)
Probation: 2 years; SA: $400.00

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
Dismissed, Counts Superseded
18:842(a)(1), 844(a), and 2 IMPORTING and DEALING IN EXPLOSIVE MATERIALS
(2)
Dismissed, Counts Superseded
18:842(a)(3)(A), 844(4) and 2 Receiving foreign Commerce - EXPLOSIVE MATERIALS
(3)
Dismissed, Counts Superseded
18:542 and 2 ENTRY OF GOODS BY MEANS OF FALSE STATEMENTS
(4)
Dismissed, Counts Superseded

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byRonald G. Johnson
Office of the United States Attorney
Prince Kuhio Federal Building
300 Ala Moana Blvd Ste 6100
Honolulu, HI 96850
541-2850
Email: ron.johnson@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
05/15/2003EP: INDICTMENT by USA Counts filed against Hop Kee Pyrotechnics (1) count(s) 1, 2, 3, 4, 5, 6-8, H K Services Incorp (2) count(s) 1, 2, 3, 4, Donna Moh Tjan (3) count(s) 1, 2, 3, 4, Serlina Moh (4) count(s) 1, 2, 3, 4, 5, 6-8; Warrant ordered (Wendy Cheu) by Mag Judge Chang (gs) (Entered: 05/16/2003)
05/15/2003ARREST Warrant issued for Hop Kee Pyrotechnics bail set for NO BAIL by Mag Judge Kevin S. Chang (gs) (Entered: 05/16/2003)
05/15/2003ARREST Warrant issued for H K Services Incorp bail set for NO BAIL by Mag Judge Kevin S. Chang (gs) (Entered: 05/16/2003)
09/12/2003NOTICE - Initial Appearance and A & P to Indictment as to Donna Moh Tjan is set for 11/3/03 @ 10:30 a.m., KSC for Donna Moh Tjan (sealed) (Entered: 09/15/2003)
10/31/2003NOTICE - At the Government's request, the Initial Appearance and A & P to the Indictment as to Donna Moh Tjan currently set for 11/3/03 at 10:30 a.m. before Judge Chang has been continued to 1/15/04 at 10:30 a.m. before Judge Chang for Donna Moh Tjan (gs) (Entered: 11/03/2003)
01/14/200410 NOTICE of hearing setting hearing at the Government's request, the initial appearance and arraignment & plea to the Indictment currently set for 1/15/04 beofre Judge Chang has been continued to 10:30 2/18/04 for Donna Moh Tjan before Judge Leslie E. Kobayashi (gab) (Entered: 01/15/2004)
02/13/200411 NOTICE - Initial Appearance and Arraignment and plea as to Donna Moh Tjan continued from 2/18/04 to 3/15/04 @ 10:30 a.m., before Judge Barry M. Kurren for Donna Moh Tjan (gs) (Entered: 02/17/2004)
03/11/200412 NOTICE of hearing USA vs. (02) HK Services and (03) DONNA TJAN - (02) HK SERVICES - motion to withdraw not guilty plea set for 11:00 5/3/04 KSC ; (03) DONNA TJAN - Initial appearance and A&P to indictment continued from 03-15-04 to 11:00 5/3/04 KSC before (afc) (Entered: 03/15/2004)
03/17/200413 TRANSMITTAL of documents - received from USDC CD California (Southern Division) additional documents filed in USDC CA as to deft DONNA MOH TJAN: original of the "Notice of Deliverance and Receipt of Passport and Abstract of Court Order: and copies of: "Stipulated Modification of Release Conditions and Order", Rule 40 transmittal letter, and "Stipulated Modification of Release Conditions Order" (afc) (Entered: 03/22/2004)
03/22/200414 STIPULATED modification of release conditions order by Mag Judge Kevin S. Chang - as to deft DONNA MOH TJAN: deft Tjan may travel from California to Hong Kong, China on or about March 22, 2004 and return to California on or about April 18, 2004; Clerk of Court is ordered to return Mrs. Moh's passport to her; Mrs. Moh to return passport to Court upon her return from China - filed by USA [fax to USDC CD California (Santa Ana) as Ms. Tjan's passport is in possession of the USDC ND Clerk's office] (afc) (Entered: 03/22/2004)
04/15/2004  FILING FEE PAID in the amount of $ 100.00, receipt # 222198 as to Amber Finch (gs) (Entered: 04/19/2004)
04/15/2004  FILING FEE PAID in the amount of $ 100.00, receipt # 222196 as to Thomas Brown (gs) (Entered: 04/19/2004)
04/16/200415 Defendants Donna Moh Tjan and HK Services, Inc.'s Ex Parte Application for Admission Pro Hac Vice of Thomas M. Brown, Kenneth P. White, and Amber Finch; Declarations of Robert K. Fricke, Thomas M. Brown, Kenneth P. White, and Amber Finch; ORDER by Mag Judge Kevin S. Chang Granting Defendants' Ex Parte Application for Admission to appear pro hac vice ; adding attorney Thomas M. Brown, Kenneth P. White, Amber Finch ; [local/associate counsel: Robert K. Fricke of Goodsill Anderson Quinn & Steel] Certificate of Service (gs) Modified on 06/15/2004 (Entered: 04/19/2004)
04/16/2004  FILING FEE PAID in the amount of $ 100.00, receipt # 222197 as to Atty Kenneth White (gs) (Entered: 04/19/2004)
04/26/200417 NOTICE - Initial Appearance and A & P to Indictment as to Donna Moh Tjan and Motion to Withdraw Not Guilty Plea and to Plead Anew as to HK Services set for 5/3/04 @ 11:00 a.m. is moved to 2:30 p.m. the same day before Judge Kurren (gs) (Entered: 04/27/2004)
05/03/200418 Information by USA naming H K Services Incorp (2) count(s) 1s, 2s (gs) (Entered: 05/03/2004)
05/03/200419 EP: MINUTES: A & P as to the Indictment as to Deft Donna Moh Tjan - Deft (03) Donna Moh Tjan present, not in custody; Charges received; Deft (03) Donna Moh Tjan waives public reading of the Indictment; Plea of Not Guilty entered; No trial date or deadlines given; ; Status Conference set for 3:00 6/2/04, LEK for Donna Moh Tjan; Deft's current conditions of release to continue; Initial Appearance; Waiver of Indictment; Arraignment and Plea of Guilty to the Felony Information as to Defendant (02) HK Services, Inc. - Defendant (02) HK Services, Inc. Represented by Donna Moh Tjan. Defendant sworn, questioned by the Court. Consent to Rule 11 Plea In a Felony Case Before United States Magistrate, signatures verified and filed. Waiver of Indictment, signatures verified and filed. Memorandum of Plea Agreement, signatures verified and filed. Court informs Defendant of sentencing guidelines, possible departure from sentencing guidelines, supervised release, etc. Plea of Guilty as to Counts 1 and 2 of the Felony Information entered by the Defendant. R&R signed, with 10 days to object. Pre-Sentence report ordered from USPO ; SENTENCING to Counts 1 and 2 of the Felony Information set for 3:45 p.m.11/1 /04 before Judge Susan Oki Mollway ; H K Services Incorp, Donna Moh Tjan, USA Attorney Ronald G. Johnson, Kenneth P. White, Robert Fricke present (Ct Rptr: C6;CD4 2:46-3:29) by Mag Judge Kurren (gs) (Entered: 05/04/2004)
05/03/200420 CONSENT to Rule 11 plea in a felony case before a United States Magistrate Judge as to H K Services Incorp (gs) (Entered: 05/04/2004)
05/03/200421 WAIVER of Indictment as to defendant H K Services Incorp (gs) (Entered: 05/04/2004)
05/03/200422 MEMORANDUM of Plea Agreement as to H K Services Incorp (gs) (Entered: 05/04/2004)
05/04/200423 Report and Recommendation concerning Plea of Guilty as to H K Services Incorp (gs) (Entered: 05/04/2004)
05/19/200424 Acceptance of Plea of Guilty, Adjudication of Guilt and Notice of Sentencing by Judge Susan O. Mollway [23-1] as to Deft H K Services Inc. (gs) (Entered: 05/19/2004)
06/02/200425 EO: MINUTES: Status Conference set for 6/2/04 3:00 p.m. before LEK is VACATED; Motion to Dismiss to be submitted by Judge Kobayashi (gs) (Entered: 06/03/2004)
10/04/200429 Defendant HK Services Incorporated's SENTENCING Statement and Objections to Presentence Report; Memorandum of Points and Authorities; Certificate of Service (gs) (Entered: 10/05/2004)
10/04/200430 SENTENCING Statement of The United States as to H K Services Incorp (gs) (Entered: 10/05/2004)
11/01/200431 EP: MINUTES: Sentencing to Counts 1 and 2 of the Felony Information - Donna Moh Tjan, representative of HK Services, Inc., present; The Memorandum of Plea Agreement has been accepted by the court; ADJUDGED: Probation: 2 years; SA: $400.00 terminating party H K Services Incorp ; H K Services Incorp, USA Attorney Ronald G. Johnson, Kenneth P. White, Robert Fricke, Ellie Asasaki, USPO present (Ct Rptr: Debra Chun) by Judge Mollway (gs) (Entered: 11/02/2004)
11/01/200432 Final ORDER of Forfeiture by Judge Susan O. Mollway re [31-5] as to Deft HK Services Inc., (gs) (Entered: 11/02/2004)
11/04/200433JUDGMENT in a Criminal Case as to H K Services Incorp by Judge Susan O. Mollway (cc: USA, Kennth White/Robert Fricke, USMS, USPO, PTS, OF) (sealed) Additional attachment(s) added on 8/24/2006 (tbf, ). (Entered: 11/04/2004)
12/02/200434 PRESENTENCE Report on H K Services Incorp (original sealed and held in probation office). (bbb) (Entered: 12/02/2004)
12/02/200435 SENTENCING RECOMMENDATION as to H K Services Incorp (original sealed and held in probation office) (bbb) (Entered: 12/02/2004)
11/06/200636PROBATION FORM 34-Termination of Supervised Release/Probation as to H K Services Incorporated, . Signed by Judge SUSAN OKI MOLLWAY on 11/3/06. (gls, ) (Entered: 11/07/2006)