TERMED

U.S. District Court
Southern District of California (San Diego)
CRIMINAL DOCKET FOR CASE #: 3:05-cr-01757-BTM-1


Case title: USA v. Metabolife Intl

Date Filed: 10/05/2005
Date Terminated: 03/01/2006

Assigned to: Judge Barry Ted Moskowitz

Defendant (1)
Metabolife International, Inc.
TERMINATED: 03/01/2006
represented byRobert B Humphreys
Akin Gump Strauss Hauer and Feld
2029 Century Park East
Suite 2400
Los Angeles, CA 90067
(310)229-1000
Fax: (310)229-3864
Email: rhumphreys@akingump.com
TERMINATED: 03/01/2006
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
26:7206(1) and 18:2 - Filing False Income Tax Returns and Aiding and Abetting.
(1-2)
Company sentenced to 3 years probation; assessment $800.00 forthwith when directed by Bankruptcy Court; fine $600,000.00 forthwith

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
United States of America represented byU S Attorney CR
U S Attorneys Office Southern District of California
Criminal Division
880 Front Street
Room 6293
San Diego, CA 92101
(619)557-5610
Fax: (619)557-5917
Email: Efile.dkt.gc2@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
10/05/20051INFORMATION by USA . Metabolife Intl (1) count(s) 1-2 (ksr) (Entered: 10/06/2005)
10/05/20052WAIVER of indictment by defendant Metabolife Intl (ksr) (Entered: 10/06/2005)
10/05/20053Enter Order by Judge Barry T. Moskowitz; first appearance of Metabolife Intl on information; Attorney Robert B Humphreys retained , dft Metabolife Intl arraigned on information; guilty to the two-count info plea entered; Atty present; , Metabolife Intl (1) count(s) 1-2 enters guilty plea; dft referred to USPO for PSR , PO report and sentencing set for 11:00 12/16/05 for Metabolife Intl before Judge Barry Ted Moskowitz ; Court Reporter: Barbara Harris (ksr) (Entered: 10/06/2005)
10/05/20054STIPULATION as to defendant Metabolife Intl to toll statute of limitations period. (ksr) (Entered: 10/06/2005)
10/05/20056PLEA Agreement as to Metabolife Intl (ksr) (Entered: 10/06/2005)
10/06/20055Action by written consent of the responsible natural person of Metabolife International, Inc. by defendant Metabolife Intl (ksr) (Entered: 10/06/2005)
12/05/20057DISCREPANCY ORDER by Judge Barry T. Moskowitz accepting document: Objections to PSR from defendant Metabolife Intl , non-compliance with local rule 7.1 or 47.1 (documents are not timely) document is to be filed nunc pro tunc to the date received (ksr) (Entered: 12/05/2005)
12/05/20058SENTENCING DOCUMENT by defendant Metabolife Intl : dft's objections to PSR (nunc pro tunc 12/2/05) (ksr) (Entered: 12/05/2005)
12/09/20059SENTENCING DOCUMENT by defendant Metabolife Intl : position re sentencing (ksr) (Entered: 12/09/2005)
12/12/200510Proofs of service by Messenger for dft Metabolife International, Inc.'s objections to PSR (ksr) (Entered: 12/13/2005)
12/12/200511Proof of service by Messenger for dft Metabolife International, Inc's position re: sentencing. (ksr) (Entered: 12/13/2005)
12/16/200512NOTICE by defendant Metabolife Intl of filing of certificate of amendment to amd and restated articles of incorporation of Metabolife International, Inc. (ksr) (Entered: 12/20/2005)
12/16/200513Minutes: Enter Order by Judge Barry T. Moskowitz; PO report and sentencing held and continued to 11:00 2/3/06 for Metabolife Intl before Judge Barry Ted Moskowitz ; Court Reporter: Gayle Wakefield (received in docketing on 1/6/06) (ksr) (Entered: 01/06/2006)
02/03/200614Minutes: Enter Order by Judge Barry T. Moskowitz PO report and sentencing continued at request of parties to 9:00 2/28/06 for Metabolife Intl before Judge Barry Ted Moskowitz ; Court Reporter: N/A (ksr) (Entered: 02/03/2006)
02/24/200615STIPULATION as to defendant Metabolife Intl re: tax claims and priority of fine (ksr) (Entered: 02/27/2006)
03/01/200616Minutes: Enter Order by Judge Barry T. Moskowitz; status hrg held , judgment to issue; sentencing Metabolife Intl (1) count(s) 1-2. Company sentenced to 3 years probation; assessment $800.00 forthwith when directed by Bankruptcy Court; fine $600,000.00 forthwith ; Terminating defendant Metabolife Intl ; see order of 3/1/06; Court Reporter: Barbara Harris (ksr) (Entered: 03/02/2006)
03/01/200618ORDER by Judge Barry T. Moskowitz as to defendant Metabolife Intl; ordered that dft MII Liquidation, Inc.'s outstanding tax claim of $366,066.61 be treated and paid as directed by the Bankruptcy Court; such claim is not covered by the criminal judgment in this case; further ordered that the United States govt's claim of $600,000 shall be subordinated to the claims set forth in the claims docket of MII Liquidation as of 2/1/06 as such docket may be amended and/or supplemented from time to time by the Bankp. Court except it shall not be subordinated to any claims of the shareholders, William R. Bradley, Michael Ellis, and Michael Blevins. (ksr) (Entered: 03/02/2006)
03/02/200617STIPULATION as to defendant Metabolife Intl re tax claims and priority of fine; agreed that this Court should order that dft's outstanding tax claim of $335,066.61 be treated and paid in accordance with the priorities authorized by the Bankruptcy Code; further agreed that this Court should order that the United States govt's claim of $600,000 shall be subordinated to the claims set forth in the claims docket of MII Liquidation as of 2/1/06 as such docket may be amended and/or supplemented from time to time by the Bankp. Court except it shall not be subordinated to any claims of the shareholders, William R. Bradley, Michael Ellis, and Michael Blevins. (received in docketing on 3/2/06) (ksr) Modified on 03/02/2006 (Entered: 03/02/2006)
03/06/200619JUDGMENT and Commitment issued to U.S. Marshal for Metabolife Intl by Judge Barry T. Moskowitz (ksr) (Entered: 03/06/2006)