Eastern District of TEXAS (Beaumont)
CRIMINAL DOCKET FOR CASE #: 1:06-cr-00065-TH-2

Case title: USA v. Jho

Date Filed: 05/17/2006
Date Terminated: 06/29/2007

Assigned to: Judge Thad Heartfield

Defendant (2)
Overseas Shipholding Group Inc
TERMINATED: 06/29/2007
represented byEric J R Nichols
Beck, Redden & Secrest, LLP
515 Congress Ave
Ste 1750
Austin, TX 78701
(512) 708-1000
Fax: 512-708-1002
Email: enichols@brsfirm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Judson W Starr
Venable LLP - Washington
575 7th Street NW
Washington, DC 20004
202/344-4886
Fax: 202/344-4000
Email: jwstarr@venable.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

William Bradley Coffey
Beck Redden & Secrest LLP
One Houston Center
1221 McKinney St, Suite 4500
Houston, TX 77010-2020
713/951-3700
Fax: 713/951-3720
Email: bcoffey@brsfirm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Charles Leland Hamel
Hamel Bowers & Clark LLP
5300 Memorial Drive
Suite 900
Houston, TX 77007
713/869-0557
Fax: 17138690677
Email: lhamel@hbctrial.com
TERMINATED: 08/17/2006

Pending Counts

Disposition
CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
CONSPIRACY TO DEFRAUD THE UNITED STATES
(1s)
3 yrs probation cc, $1,600,000.00 fine, $2,400 total special assessment. AMENDED JUDGMENT 12/12/08 - correction of sentence on remand. AMENDED JUDGMENT 5/25/2010 - 1 yr, 3 mos, 25 days probation (482 total days) cc
FALSE STATEMENTS TO FEDERAL AGENCY
(1ss)
3 yrs probation cc, $800,000.00 fine each count. AMENDED JUDGMENT 5/25/2010 - 1 yr, 3 mos, 25 days probation (482 total days) cc
FALSE STATEMENTS TO A FEDERAL AGENCY, AID & ABET
(2)
FALSE STATEMENTS TO A FEDERAL AGENCY, AID & ABET
(2s)
3 yrs probation cc, $800,000.00 fine. AMENDED JUDGMENT 5/25/2010 - 1 yr, 3 mos, 25 days probation (482 total days) cc
FALSE STATEMENTS TO FEDERAL AGENCY
(2ss)
3 yrs probation cc, $800,000.00 fine each count. AMENDED JUDGMENT 5/25/2010 - 1 yr, 3 mos, 25 days probation (482 total days) cc
ACT TO PREVENT POLLUTION FROM SHIPS, AID & ABET
(3-10)
FALSE STATEMENTS TO FEDERAL AGENCY
(3ss)
3 yrs probation cc, $800,000.00 fine. AMENDED JUDGMENT 5/25/2010 - 1 yr, 3 mos 25 days probation (482 total days) cc
FALSE STATEMENTS TO FEDERAL AGENCY
(4ss)
3 yrs probation cc, $500,000.00 fine. AMENDED JUDGMENT 5/25/2010 - 1 yr, 3 mos, 25 days probation (482 total days) cc
ACT TO PREVENT POLLUTION FROM SHIPS, AID & ABET
(5s)
$800,000 fine, $300 special assessment. AMENDED JUDGMENT 5/25/2010 - 1 yr, 3 mos, 25 days probation (482 total days) cc
ACT TO PREVENT POLLUTION FROM SHIPS, AID & ABET
(8s)
$800,000 fine, $300 special assessment. AMENDED JUDGMENT 5/25/2010 - 1 yr, 3 mos, 25 days probation (482 total days) cc
ACT TO PREVENT POLLUTION FROM SHIPS, AID & ABET
(10s)
$800,000 fine, $300 special assessment. AMENDED JUDGMENT 5/25/2010 - 1 yr, 3 mos, 25 days probation (482 total days) cc

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
FALSE STATEMENTS TO FEDERAL AGENCY
(5ss-7ss)
Dismissed on govt's motion

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byJohn Malcolm Bales
U S Attorney's Office
415 S First St
Suite 201
Lufkin, TX 75901
936/639-4003
Fax: 19366394033
Email: malcolm.bales@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Joseph Robert Batte
U S Attorney's Office - Beaumont
350 Magnolia
Suite 150
Beaumont, TX 77701
409/839-2538
Fax: 14098392550
Email: joe.batte@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Lana Nicole Pettus
U.S. Dept of Justice-Env Crimes Sect
601 D Street Nw
Washington, DC 20004
202-305-0403
Fax: 202-514-8865
Email: lana.pettus@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
07/19/200624SUPERSEDING INDICTMENT as to Kun Yun Jho (1) count(s) 1s, 2s, 3s-10s, Overseas Shipholding Group Inc (2) count(s) 1, 2, 3-10. (bjc, ) (Entered: 07/20/2006)
07/25/200628NOTICE OF ATTORNEY APPEARANCE: Charles Leland Hamel appearing for Overseas Shipholding Group Inc (Attachments: # 1 Exhibit Application for Admission Pro Hac Vice of Judson W. Starr)(Hamel, Charles) (Entered: 07/25/2006)
07/31/200631Minute Entry for proceedings held before Judge Earl S. Hines :Initial Appearance as to Overseas Shipholding Group Inc held on 7/31/2006. Cnsl appeared on behalf of the company. (Court Reporter F Laurents - Ecro.) (bjc, ) (Entered: 08/01/2006)
07/31/200632Minute Entry for proceedings held before Judge Earl S. Hines :Arraignment as to Overseas Shipholding Group Inc (2) Count 1,2,3-10 held on 7/31/2006. Attys pled not guilty on behalf of the company to Count 1,2,3-10. (Court Reporter F Laurents - Ecro.) (bjc, ) (Entered: 08/01/2006)
07/31/200633APPLICATION to Appear Pro Hac Vice by Attorney Judson W Starr for Overseas Shipholding Group Inc. (bjc, ) (Entered: 08/02/2006)
07/31/2006  Pro Hac Vice Filing fee paid by Judson W Starr; Fee: $25, receipt number: 1-1-2589 (bjc, ) (Entered: 08/02/2006)
08/04/200636RESPONSE to Motion by USA as to Kun Yun Jho, Overseas Shipholding Group Inc re 21 MOTION Motion to Submit a Jury Questionnaire (Batte, Joseph) (Entered: 08/04/2006)
08/04/200637RESPONSE to Motion by USA as to Kun Yun Jho, Overseas Shipholding Group Inc re 19 MOTION for Extension of Time to File Additional Motions (Batte, Joseph) (Entered: 08/04/2006)
08/04/200638RESPONSE to Motion by USA as to Kun Yun Jho, Overseas Shipholding Group Inc re 20 MOTION for production of information regarding govt witnesses pursuant to Giglio v. USA (Batte, Joseph) (Entered: 08/04/2006)
08/04/200639RESPONSE to Motion by USA as to Kun Yun Jho, Overseas Shipholding Group Inc re 16 MOTION for Bill of Particulars (Batte, Joseph) (Entered: 08/04/2006)
08/04/200640RESPONSE to Motion by USA as to Kun Yun Jho, Overseas Shipholding Group Inc re 22 MOTION Request for 404(b) Notice (Attachments: # 1 Exhibit)(Batte, Joseph) (Entered: 08/04/2006)
08/04/200641RESPONSE to Motion by USA as to Kun Yun Jho, Overseas Shipholding Group Inc re 18 MOTION to Dismiss (Attachments: # 1 Supplement second half of response)(Batte, Joseph) (Entered: 08/04/2006)
08/16/200643 MOTION to Substitute Attorney Eric J.R. Nichols by Overseas Shipholding Group Inc. (Attachments: # 1 Text of Proposed Order Proposed Order)(Nichols, Eric) (Entered: 08/16/2006)
08/16/200646SECOND SUPERSEDING INDICTMENT as to Kun Yun Jho (1) count(s) 1ss, 2ss, 3ss-10ss, Overseas Shipholding Group Inc (2) count(s) 1s, 2s, 3s-10s. (bjc, ) (Entered: 08/17/2006)
08/16/200652E-GOV SEALED Form AO 257 filed as to Overseas Shipholding Group Inc (bjc, ) (Entered: 08/21/2006)
08/17/200645ORDER granting 43 Motion to Substitute Attorney. Eric Nichols and William Bradley Coffey for Overseas Shipholding Group Inc replacing Charles Leland Hamel as to Overseas Shipholding Group Inc (2). Signed by Judge Thad Heartfield on 8/17/06. (pkb, ) (Entered: 08/17/2006)
08/21/200654E-GOV SEALED Summons Issued and handed to USM for service as to Overseas Shipholding Group Inc (bjc, ) (Entered: 08/21/2006)
08/21/2006  Set/Reset Hearings as to Kun Yun Jho, Overseas Shipholding Group Inc: Arraignment on 2nd superseding indictment set for 8/30/2006 02:30 PM in Ctrm 5 (Beaumont) before Magistrate Judge Keith F. Giblin. (bjc, ) (Entered: 08/21/2006)
08/24/200655ORDER - PRETRIAL DISCOVERY & INSPECTION as to Overseas Shipholding Group Inc . Signed by Judge Earl S. Hines on 8/24/06. (bjc, ) (Entered: 08/25/2006)
08/24/200656ORDER as to Overseas Shipholding Group Inc Jury Selection and Jury Trial set for 10/16/2006 09:00 AM in Ctrm 1 (Beaumont) before Judge Thad Heartfield. Signed by Judge Earl S. Hines on 8/24/06. (bjc, ) (Entered: 08/25/2006)
08/25/200657WAIVER of Personal Appearance at Arraignment and Entry of Plea of Not Guilty by Overseas Shipholding Group Inc (bjc, ) (Entered: 08/25/2006)
08/29/200659 MOTION to Dismiss Second Superseding Indictment by Overseas Shipholding Group Inc. (Attachments: # 2 Exhibit 2)(Nichols, Eric) Additional attachment(s) added on 8/29/2006 (bjc, ). (Entered: 08/29/2006)
08/29/200660NOTICE OF HEARING ON MOTION in case as to Kun Yun Jho, Overseas Shipholding Group Inc Motion Hearing set for 9/14/2006 09:00 AM in Ctrm 1 (Beaumont) before Judge Thad Heartfield. (mfr, ) (Entered: 08/29/2006)
08/30/200662 MOTION to Suppress Evidence Seized and Derived from September 15, 2005 Pretext Search by Overseas Shipholding Group Inc. (Attachments: # 2 Text of Proposed Order Proposed Order)(Nichols, Eric) (Entered: 08/30/2006)
08/30/200669E-GOV SEALED Summons Returned Executed by certified mail on 8/24/06 as to Overseas Shipholding Group Inc (bjc, ) (Entered: 08/31/2006)
09/07/200670ORDER REFERRING MOTION as to Kun Yun Jho, Overseas Shipholding Group Inc 23 MOTION For Preservation of Rough Notes filed by Kun Yun Jho, 22 MOTION Request for 404(b) Notice filed by Kun Yun Jho, 17 MOTION for Release of Brady Materials filed by Kun Yun Jho, 16 MOTION for Bill of Particulars filed by Kun Yun Jho, 65 MOTION to Adopt Motions of Codefendant filed by Kun Yun Jho, 20 MOTION for production of information regarding govt witnesses pursuant to Giglio v. USA filed by Kun Yun Jho, 66 MOTION for Discovery 17(c) Subpoena filed by Kun Yun Jho, 63 Supplemental MOTION to Dismiss filed by Kun Yun Jho, 13 MOTION for Discovery filed by Kun Yun Jho, 21 MOTION Motion to Submit a Jury Questionnaire filed by Kun Yun Jho, 62 MOTION to Suppress Evidence Seized and Derived from September 15, 2005 Pretext Search filed by Overseas Shipholding Group Inc,, 67 MOTION for hearing on Government's proposed expert witness filed by Kun Yun Jho, Motion Hearing set for 9/21/2006 09:30 AM in Ctrm 5 (Beaumont) before Magistrate Judge Keith F. Giblin.. Signed by Judge Thad Heartfield on 9/7/06. (bjc, ) (Entered: 09/07/2006)
09/07/2006  Terminate Hearings as to Kun Yun Jho, Overseas Shipholding Group Inc: (bjc, ) (Entered: 09/07/2006)
09/07/200671NOTICE OF HEARING ON PENDING MOTIONS in case as to Kun Yun Jho and Overseas Shipholding Group Inc Pending Motion Hearing set for 9/21/2006 09:30 AM in Ctrm 5 (Beaumont) before Magistrate Judge Keith F. Giblin. (jmv, ) (Entered: 09/07/2006)
09/08/200672RESPONSE to Motion by USA as to Kun Yun Jho, Overseas Shipholding Group Inc re 17 MOTION for Release of Brady Materials (Batte, Joseph) (Entered: 09/08/2006)
09/11/200675 MOTION Leave to File Out of Time Responses by USA as to Kun Yun Jho, Overseas Shipholding Group Inc. (Attachments: # 1 Text of Proposed Order)(Bales, John) (Entered: 09/11/2006)
09/11/200676**Filed in error. Linked to wrong document. Please see 62 MOTION to Suppress Evidence Seized and Derived from September 15, 2005 Pretext Search (Bales, John) Modified on 9/12/2006 (kjr, ). (Entered: 09/11/2006)
09/11/200677RESPONSE in Opposition by USA as to Kun Yun Jho, Overseas Shipholding Group Inc re 59 MOTION to Dismiss Second Superseding Indictment (Bales, John) (Entered: 09/11/2006)
09/11/200678RESPONSE in Opposition by USA as to Kun Yun Jho, Overseas Shipholding Group Inc re 66 MOTION for Discovery 17(c) Subpoena (Bales, John) (Entered: 09/11/2006)
09/11/200679RESPONSE in Opposition by USA as to Kun Yun Jho, Overseas Shipholding Group Inc re 62 MOTION to Suppress Evidence Seized and Derived from September 15, 2005 Pretext Search (Bales, John) (Entered: 09/11/2006)
09/12/2006  ***Filed in error. Document # 78 Response for correction. *** (kjr, ) (Entered: 09/12/2006)
09/13/200680RESPONSE to Motion by Overseas Shipholding Group Inc re 75 MOTION For Leave to File Out of Time Response (Nichols, Eric) (Entered: 09/13/2006)
09/15/200681NOTICE OF HEARING as to Kun Yun Jho, Overseas Shipholding Group Inc Jury Selection and Trial set for 10/30/2006 09:00 AM in Ctrm 1 (Beaumont) before Judge Thad Heartfield. (mfr, ) (Entered: 09/15/2006)
09/18/200682REPLY by Overseas Shipholding Group Inc to response re 59 MOTION to Dismiss Second Superseding Indictment (Nichols, Eric) Modified on 9/19/2006 (bjc, ). (Entered: 09/18/2006)
09/18/200683REPLY by Overseas Shipholding Group Inc to response re 62 MOTION to Suppress Evidence Seized and Derived from September 15, 2005 Pretext Search (Nichols, Eric) Modified on 9/19/2006 (bjc, ). (Entered: 09/18/2006)
09/21/200685Minute Entry for Motion Hearing proceedings held before Judge Keith F. Giblin as to Kun Yun Jho, Overseas Shipholding Group Inc held on 9/21/2006 re 63 Supplemental MOTION to Dismiss filed by Kun Yun Jho,, 62 MOTION to Suppress Evidence Seized and Derived from September 15, 2005 Pretext Search filed by Overseas Shipholding Group Inc, (Court Reporter Frank McMillan) (ksd ) (Entered: 09/28/2006)
09/21/200686WITNESS LIST by USA as to Kun Yun Jho, Overseas Shipholding Group Inc (ksd ) (Entered: 09/28/2006)
09/21/200687WITNESS LIST as to the Motion to Suppress by Overseas Shipholding Group Inc as to Kun Yun Jho (ksd) (Entered: 09/28/2006)
09/21/200688EXHIBIT LIST by USA as to Kun Yun Jho, Overseas Shipholding Group Inc (ksd ) (Entered: 09/28/2006)
09/21/200689EXHIBIT LIST by Overseas Shipholding Group Inc (ksd ) (Entered: 09/28/2006)
10/03/200691ORDER granting 75 Motion for leave to file an out of time response and extension of time to respond to dfts' motions as to Kun Yun Jho (1), Overseas Shipholding Group Inc (2). The Govt's responses filed on 9/11/06, to dft OSG's motion to suppress and motion to dismiss are deemed timely filed. Signed by Judge Keith F. Giblin on 10/3/06. (bjc, ) (Entered: 10/03/2006)
10/04/200697REPORT AND RECOMMENDATIONS as to Overseas Shipholding Group Inc recommending the District Court deny 62 MOTION to Suppress Evidence Seized and Derived from September 15, 2005 Pretext Search . Signed by Judge Keith F. Giblin on 10/4/06. (bjc, ) (Entered: 10/05/2006)
10/16/200699NOTICE OF HEARING as to Kun Yun Jho, Overseas Shipholding Group Inc Jury Selection RE-set for 12/11/2006 09:00 AM in Ctrm 1 (Beaumont) before Judge Thad Heartfield. Jury Trial RE-set for 12/11/2006 09:00 AM in Ctrm 1 (Beaumont) before Judge Thad Heartfield. (mfr, ) (Entered: 10/16/2006)
10/17/2006  ***FILED IN ERROR. Document # 99, Notice of Hearing. PLEASE IGNORE.***

(mfr, ) (Entered: 10/17/2006)
10/19/2006100OBJECTION by Overseas Shipholding Group Inc to 1 Exhibit Attachment)(Nichols, Eric) Modified on 10/19/2006 (tkd, ). (Entered: 10/19/2006)
10/19/2006101 ***VACATED BY 10/20/06 ORDER, DOCUMENT # 102***
MEMORANDUM ORDER ADOPTING 62 Motion to Suppress filed by Overseas Shipholding Group Inc. The court orders that the motion to suppress is denied. Signed by Judge Thad Heartfield on 10/16/06. (fbc, ) Modified on 10/20/2006 (pkb, ). (Entered: 10/19/2006)
10/19/2006102ORDER VACATING 101 Order Adopting Report and Recommendations entered 10/19/06. Signed by Judge Thad Heartfield on 10/19/06. (pkb, ) (Entered: 10/20/2006)
10/20/2006103First MOTION to Continue Trial Setting by Overseas Shipholding Group Inc. (Attachments: # 1 Text of Proposed Order proposed Order)(Nichols, Eric) (Entered: 10/20/2006)
10/23/2006104ORDER TO CONTINUE - Ends of Justice as to Kun Yun Jho and Overseas Shipholding Group Inc. Time excluded from 10/20/06 until 11/30/06. This order grants 103 MOTION to Continue. Pretrial Conference reset for 11/30/2006 at 9:00 AM. Trial is reset for 12/11/2006. Signed by Judge Thad Heartfield on 10/23/06. (tkd, ) (Entered: 10/24/2006)
10/25/2006105NOTICE OF HEARING as to Kun Yun Jho, Overseas Shipholding Group Inc Pretrial Conference set for 11/30/2006 09:00 AM in Ctrm 1 (Beaumont) before Judge Thad Heartfield. (mfr, ) (Entered: 10/25/2006)
10/25/2006106NOTICE OF HEARING as to Kun Yun Jho, Overseas Shipholding Group Inc Jury Selection RE-set for 12/11/2006 09:00 AM in Ctrm 1 (Beaumont) before Judge Thad Heartfield. Jury Trial RE-set for 12/11/2006 09:00 AM in Ctrm 1 (Beaumont) before Judge Thad Heartfield. (mfr, ) (Entered: 10/25/2006)
11/13/2006109REPORT AND RECOMMENDATIONS recommending that the District Court deny dft Overseas Shipholding Group Inc's 59 MOTION to Dismiss Second Superseding Indictment . Signed by Judge Keith F. Giblin on 11/13/06. (bjc, ) (Entered: 11/14/2006)
11/14/2006110NOTICE OF HEARING as to Kun Yun Jho, Overseas Shipholding Group Inc HEARING ON OBJECTIONS set for 11/21/2006 10:00 AM in Ctrm 1 (Beaumont) before Judge Thad Heartfield. (mfr, ) (Entered: 11/14/2006)
11/14/2006111PRE-TRIAL SCHEDULING ORDER as to Kun Yun Jho, Overseas Shipholding Group Inc. Govt and defense motions in limine due 11/22/06. Proposed jury instructions and verdict form due 11/29/06. Responses to motions in limine due 11/27/06. Signed by Judge Thad Heartfield on 11/14/06. (bjc, ) (Entered: 11/15/2006)
11/14/2006112ORDER as to Kun Yun Jho, Overseas Shipholding Group Inc setting hearing on objections to pending reports and recommendations for 11/21/06 at 10:00 a.m.. Signed by Judge Thad Heartfield on 11/14/06. (bjc, ) (Entered: 11/15/2006)
11/17/2006113TRIAL BRIEF by USA as to Kun Yun Jho, Overseas Shipholding Group Inc (Bales, John) (Entered: 11/17/2006)
11/17/2006114 MOTION in Limine by USA as to Kun Yun Jho, Overseas Shipholding Group Inc. (Bales, John) (Entered: 11/17/2006)
11/17/2006115RESPONSE in Opposition by USA as to Kun Yun Jho, Overseas Shipholding Group Inc re 107 MOTION to Compel (Bales, John) (Entered: 11/17/2006)
11/20/2006116Amended ORDER as to Kun Yun Jho, Overseas Shipholding Group Inc setting hearing on any objections to pending reports and recommendations for 11/21/06 . Signed by Judge Thad Heartfield on 11/20/06. (bjc, ) (Entered: 11/20/2006)
11/20/2006118OBJECTION TO REPORT AND RECOMMENDATIONS 109 by Overseas Shipholding Group Inc (Nichols, Eric) (Entered: 11/20/2006)
11/20/2006120AMENDED ORDER as to Kun Yun Jho, Overseas Shipholding Group Inc setting hrg on objections. A hrg on OSG's objections to the pending reports and recommendations is hereby set for 11/21/06 at 10:00 a.m. and 1:30 p.m. A hrg on Jho's objections to the report and recommendation on dft Jho's motion to dismiss 108 is hereby set for 11/28/06 at 1:30 p.m. . Signed by Judge Thad Heartfield on 11/20/06. (bjc, ) (Entered: 11/21/2006)
11/21/2006138Minute Entry for proceedings held before Judge Thad Heartfield :Objections to Report and recommendation hearing as to Overseas Shipholding Group Inc held on 11/21/2006. (Court Reporter Frank McMillan.) (bjc, ) (Entered: 11/30/2006)
11/22/2006121***TWO PART DOCUMENT. SEE ALSO DOCUMENT #124.***

MOTION in Limine by Overseas Shipholding Group Inc. (Nichols, Eric) Modified on 11/22/2006 (bjc, ). Additional attachment(s) added on 11/22/2006 (bjc, ). (Entered: 11/22/2006)
11/22/2006124***TWO PART DOC. SEE ALSO DOC# 121.***

MOTION To Redact Portions of Indictment by Overseas Shipholding Group Inc. (Nichols, Eric) Modified on 11/22/2006 (bjc, ). Additional attachment(s) added on 11/22/2006 (bjc, ). (Entered: 11/22/2006)
11/27/2006125RESPONSE to Motion by Overseas Shipholding Group Inc re 114 MOTION in Limine of Government (Nichols, Eric) (Entered: 11/27/2006)
11/27/2006126NOTICE of Objections to Government's Exhibit List by Overseas Shipholding Group Inc (Nichols, Eric) (Entered: 11/27/2006)
11/27/2006131***TWO PART DOC. SEE ALSO DOC# 134.***

RESPONSE to Motion by USA as to Overseas Shipholding Group Inc re 121 MOTION in Limine (Bales, John) Modified on 11/28/2006 (bjc, ). (Entered: 11/27/2006)
11/28/2006134***TWO PART DOC. SEE ALSO DOC# 131.***

Second MOTION in Limine by USA as to Overseas Shipholding Group Inc. (Attachments: # 1 Text of Proposed Order)(Bales, John) Modified on 11/28/2006 (bjc, ). (Entered: 11/28/2006)
11/29/2006137Proposed Jury Instructions by USA as to Kun Yun Jho, Overseas Shipholding Group Inc (Bales, John) (Entered: 11/29/2006)
12/01/2006140ORDER as to Kun Yun Jho and Overseas Shipholding Group Inc setting a second Pretrial Conference for 12/7/2006 at 1:30 PM. Signed by Judge Thad Heartfield on 12/1/06. (tkd, ) (Entered: 12/01/2006)
12/01/2006141NOTICE OF HEARING as to Kun Yun Jho, Overseas Shipholding Group Inc Final Pretrial Conference set for 12/7/2006 01:30 PM in Ctrm 1 (Beaumont) before Judge Thad Heartfield. (mfr, ) (Entered: 12/01/2006)
12/04/2006142WITNESS LIST by USA as to Kun Yun Jho, Overseas Shipholding Group Inc (Bales, John) (Entered: 12/04/2006)
12/04/2006143MEMORANDUM OPINION AND ORDER ADOPTING REPORTS AND RECOMMENDATIONS AS MODIFIED HEREIN AND PARTIALLY GRANTIING DEFENDANTS' MOTIONS TO DISMISS. It is further ordered that the defendants' motions to dismiss # 18 , 59 & 63 are granted to the extent they seek dismissal of Counts 3 through 10 alleging violation of 33 CFR 151.25 and the portion of Count 1 alleging that defendants conspired to violate 33CFR 151.25. Signed by Judge Thad Heartfield on 12/4/06. (mrp, ) (Entered: 12/04/2006)
12/04/2006  DISMISSAL OF COUNTS 3 through 10 of the second superseding indictment on Motion of Kun Yun Jho, Overseas Shipholding Group Inc. (bjc, ) (Entered: 12/06/2006)
12/05/2006148ORDER directing counsel for the govt to electronically file an amended exhibit list no later than 12:00 pm on 12/6/2006 as to Kun Yun Jho, Overseas Shipholding Group Inc. Signed by Judge Thad Heartfield on 12/5/06. (tkd, ) (Entered: 12/05/2006)
12/05/2006149ORDER as to Overseas Shipholding Group Inc adopting 62 MOTION to Suppress Evidence Seized and Derived from September 15, 2005 Pretext Search. Signed by Judge Thad Heartfield on 12/5/06. (tkd, ) (Entered: 12/05/2006)
12/05/2006150 MOTION Unopposed Motion for Stay of Trial by USA as to Kun Yun Jho, Overseas Shipholding Group Inc. (Attachments: # 1 Text of Proposed Order)(Bales, John) (Entered: 12/05/2006)
12/05/2006151***FILED IN WRONG CATEGORY. PLEASE IGNORE.***

NOTICE of Appeal by USA as to Kun Yun Jho, Overseas Shipholding Group Inc (Bales, John) Modified on 12/6/2006 (bjc, ). (Entered: 12/05/2006)
12/05/2006  ***FILED IN ERROR. Document # 151, notice of appeal. Filed in wrong category. PLEASE IGNORE.***

(bjc, ) (Entered: 12/06/2006)
12/06/2006152NOTICE OF APPEAL (Interlocutory) by USA as to Kun Yun Jho, Overseas Shipholding Group Inc (Bales, John) (Entered: 12/06/2006)
12/06/2006154EXHIBIT LIST by USA as to Kun Yun Jho, Overseas Shipholding Group Inc (Bales, John) (Entered: 12/06/2006)
12/06/2006155Proposed Jury Instructions by USA as to Kun Yun Jho, Overseas Shipholding Group Inc (Bales, John) (Entered: 12/06/2006)
12/06/2006156RESPONSE to Motion by USA as to Kun Yun Jho re 153 MOTION to Modify Conditions of Release (Attachments: # 1 Letter of Attachment)(Bales, John) (Entered: 12/06/2006)
12/06/2006157ORDER as to Kun Yun Jho, Overseas Shipholding Group Inc canceling pretrial conference and setting status conference. Status Conference set for 12/7/2006 01:30 PM in Ctrm 1 (Beaumont) before Judge Thad Heartfield. Signed by Judge Thad Heartfield on 12/6/06. (bjc, ) (Entered: 12/06/2006)
12/18/2006163PLEA AGREEMENT as to Overseas Shipholding Group Inc (Attachments: # 2 Compliance Plan 2 of 2)(Batte, Joseph) Modified on 12/18/2006 (tkd, ). (Entered: 12/18/2006)
12/18/2006164Factual Resume by USA as to Overseas Shipholding Group Inc. (Batte, Joseph) Modified on 12/18/2006 (tkd, ). (Entered: 12/18/2006)
12/19/2006170 MOTION to Unseal Document Plea Agreement and Factual Basis by USA as to Overseas Shipholding Group Inc. (Attachments: # 1 Text of Proposed Order)(Batte, Joseph) (Entered: 12/19/2006)
12/20/2006171ORDER granting 170 Motion to Unseal plea agreement and factual basis as to Overseas Shipholding Group Inc (2). Signed by Judge Thad Heartfield on 12/20/06. (bjc, ) (Entered: 12/20/2006)
12/20/2006172INFORMATION as to Overseas Shipholding Group Inc (2) count(s) 1ss-7ss. (bjc, ) (Entered: 12/21/2006)
12/27/2006173NOTICE OF HEARING as to Overseas Shipholding Group Inc Plea Agreement Hearing set for 1/18/2007 02:30 PM in Ctrm 1 (Beaumont) before Judge Thad Heartfield. (mfr, ) (Entered: 12/27/2006)
01/08/2007174NOTICE OF HEARING as to Overseas Shipholding Group Inc Plea Agreement Hearing RE-set for 1/23/2007 10:00 AM in Ctrm 1 (Beaumont) before Judge Thad Heartfield. (mfr, ) (Entered: 01/08/2007)
01/18/2007175 TRANSCRIPT of hearing on dft OSG's Objections to R&R regarding the motion to suppress filed as to Kun Yun Jho, Overseas Shipholding Group Inc for dates of 11/21/06 before Judge Thad Heartfield, re 152 Notice of Appeal - Interlocutory Court Reporter: C. Frank McMillan. (pkb, ) (Entered: 01/18/2007)
01/22/2007177NOTICE OF HEARING as to Overseas Shipholding Group Inc Initial Appearance set for 1/23/2007 09:30 AM in Ctrm 4 (Beaumont) before Magistrate Judge Earl S. Hines. (ttp, ) (Entered: 01/22/2007)
01/23/2007179Minute Entry for proceedings held before Judge Thad Heartfield :Plea Hearing as to Overseas Shipholding Group Inc held on 1/23/2007. Plea entered by Overseas Shipholding Group Inc (2) Guilty Count 1s, 2s of the 2nd superseding indictment,1ss-4ss of the information. (Court Reporter Frank McMillan.) (bjc, ) (Entered: 01/25/2007)
01/23/2007180WAIVER OF INDICTMENT by Overseas Shipholding Group Inc (bjc, ) (Entered: 01/25/2007)
01/23/2007181PLEA AGREEMENT as to Overseas Shipholding Group Inc (Attachments: # 2 exhibit B to plea agreement)(bjc, ) (Entered: 01/25/2007)
01/23/2007182Minute Entry for proceedings held before Judge Earl S. Hines :Arraignment as to Overseas Shipholding Group Inc (2) Count 1ss-2ss,3ss-4ss,5ss-7ss held on 1/23/2007. Captain Robert Edward Johnston enters a plea of not guilty to count 1ss-2ss,3ss-4ss,5ss-7ss on behalf of Overseas Shipholding Group Inc. (Court Reporter F Laurents - Ecro.) (bjc, ) (Entered: 01/25/2007)
01/23/2007183Certificate of the general counsel and secretary of Overseas Shipholding Group Inc as to Overseas Shipholding Group Inc. (bjc, ) (Entered: 01/25/2007)
01/23/2007184EXHIBIT LIST by Overseas Shipholding Group Inc (bjc, ) (Entered: 02/01/2007)
01/24/2007178TRANSCRIPT REQUEST for 11/28/06 hearing on objections, 11/21/06 hearing on dft's objections to report and recommendations, 11/30/06 hearing on pretrial motions all held before Judge Thad Heartfield; 9/21/06 hearing on motion to suppress and 9/21/06 hearing on motion to dismiss both held before Judge Keith Giblin filed by USA as to Kun Yun Jho, Overseas Shipholding Group Inc., re 152 Notice of Appeal - Interlocutory. (pkb, ) (Entered: 01/24/2007)
03/06/2007186Request for record on appeal by USA as to Kun Yun Jho, Overseas Shipholding Group Inc (pkb, ) (Entered: 03/07/2007)
03/07/2007  NOTICE of certification of record on appeal provided to 5th Circuit Court of Appeals in re: Kun Yun Jho, Overseas Shipholding Group Inc (pkb, ) (Entered: 03/07/2007)
03/08/2007  NOTICE of release of record on appeal to atty Joe Batte re: Kun Yun Jho, Overseas Shipholding Group Inc. 6 vols record, 5 vols transcript and 1 folder exhibits. (pkb, ) Modified on 5/3/2007 (pkb, ). (Entered: 03/08/2007)
03/20/2007187ORDER cancelling the sentencing hearing scheduled for 3/26/07 as to Overseas Shipholding Group, Inc., to extend time for the PSR to be completed. The court will reschedule the sentencing hearing at a later date. Signed by Judge Thad Heartfield on 3/20/07. (mrp, ) (Entered: 03/20/2007)
04/11/2007188Supplemental MOTION for Discovery Pursuant to Giglio v. US Requesting Production of Information Regarding Government Witnesses by Kun Yun Jho as to Kun Yun Jho, Overseas Shipholding Group Inc. (Attachments: # 3 Text of Proposed Order)(Kiehnhoff, Thomas) (Entered: 04/11/2007)
04/16/2007189Supplemental MOTION for Discovery by Kun Yun Jho as to Kun Yun Jho, Overseas Shipholding Group Inc. (Attachments: # 2 Text of Proposed Order)(Kiehnhoff, Thomas) (Entered: 04/16/2007)
04/16/2007190NOTICE of request for appellate record by Overseas Shipholding Group Inc (pkb, ) (Entered: 04/18/2007)
04/19/2007192REPLY TO RESPONSE to Motion by Kun Yun Jho as to Kun Yun Jho, Overseas Shipholding Group Inc re 189 MOTION for Discovery During Stay of Proceeding (Kiehnhoff, Thomas) (Entered: 04/19/2007)
05/10/2007194NOTICE OF HEARING as to Overseas Shipholding Group Inc Sentencing set for 5/17/2007 10:00 AM in Ctrm 1 (Beaumont) before Judge Thad Heartfield. (mfr, ) (Entered: 05/10/2007)
05/10/2007195NOTICE OF HEARING as to Overseas Shipholding Group Inc Sentencing RE-set for 6/7/2007 10:00 AM in Ctrm 1 (Beaumont) before Judge Thad Heartfield. (mfr, ) (Entered: 05/10/2007)
05/11/2007196NOTICE OF HEARING as to Overseas Shipholding Group Inc Sentencing RE-set for 5/22/2007 10:00 AM in Ctrm 1 (Beaumont) before Judge Thad Heartfield. (mfr, ) (Entered: 05/11/2007)
05/16/2007197NOTICE OF HEARING as to Overseas Shipholding Group Inc Sentencing RE-set for 6/19/2007 02:00 PM in Ctrm 1 (Beaumont) before Judge Thad Heartfield. (mfr, ) (Entered: 05/16/2007)
06/01/2007198NOTICE OF HEARING as to Overseas Shipholding Group Inc Sentencing RE-set for 6/20/2007 02:00 PM in Ctrm 1 (Beaumont) before Judge Thad Heartfield. (mfr, ) (Entered: 06/01/2007)
06/20/2007199ORDERED that pursuant to paragraphs 7(F)(1), 7(F)(2) and 7(F)(4) of the Plea Agreement, dft OSG shall make a lump-sum payment of $8,302,400.00 to the Clerk of the Court of the ED/TX via wire transfer on or before the close of business on Thursday, June 21, 2007. The $8,302,400.00 lump-sum payment represents and includes the following criminal fines and assessments: (a) A total criminal fine in the amt of $2,400.000.00 for the 2 counts in the 2nd superseding indictment, (b) A total criminal fine in the amt of $2,900,000.00 for the 4 counts in the information; (c) A total mandatory assessment of $2,400.00; and (d) A $3,000,000.00 escrow payment that shall be placed in an interest bearing acct by the Clerk of the Ct for the ED/TX. Ordered that dft OSG shall make a total community service payment of $1,700,000.00 to be distributed as follows: (a) A payment of $1,160,000.00 to the National Park Foundation via wire transfer on or before the close of the business on Thursday, June 21, 2007. (b)A payment of $540,000.00 to the National Fish and Wildlife Foundation via wire transfer on or before the close of business on Thursday, June 21, 2007. . Signed by Judge Thad Heartfield on 6/20/07. (bjc, ) (Entered: 06/20/2007)
06/20/2007200Minute Entry for proceedings held before Judge Thad Heartfield :Sentencing held on 6/20/2007 for Overseas Shipholding Group Inc (2), Count(s) 1s, 3 yrs probation cc, $1,600,000.00 fine, $2,400 total special assessment; Count(s) 1ss-2ss, 3 yrs probation cc, $800,000.00 fine each count; Count(s) 2s, 3 yrs probation cc, $800,000.00 fine; Counts(s) 3ss, 3 yrs probation cc, $800,000.00 fine; Count(s) 4ss, 3 yrs probation cc, $500,000.00 fine. (Court Reporter Frank McMillan.) (bjc, ) (Entered: 06/26/2007)
06/20/2007202SEALED PRESENTENCE INVESTIGATION REPORT (Sealed) as to Overseas Shipholding Group Inc (mfr, ) (Entered: 06/28/2007)
06/20/2007203SEALED PSI - SENTENCING RECOMMENDATION as to Overseas Shipholding Group Inc (mfr, ) (Entered: 06/28/2007)
06/21/2007  SPECIAL ASSESSMENT PAID in full on 06/21/07 by Overseas Shipholding Group Inc. Receipt #Wire Transfer. FINE PAID in full on 06/21/07 by Overseas Shipholding Group, Inc. Receipt #Wire Transfer. ESCRPW PAYMENT PAID in full on 06/32/07 by Overseas Shipholding Group, Inc., Receipt #Wire Transfer. (bsp) (Entered: 02/05/2008)
06/26/2007201ORDERED that the oral motion to stay all claims against both dfts in criminal action number 1:06cr65 pending disposition of the interlocutory appeal is hereby granted as to Kun Yun Jho, Overseas Shipholding Group Inc. Ordered that this action is STAYED until such time as the issues raied on interlocutory appeal have been resolved. Signed by Judge Thad Heartfield on 6/26/07. (bjc, ) (Entered: 06/27/2007)
06/29/2007204JUDGMENT as to Overseas Shipholding Group Inc (2), Count(s) 1s, 3 yrs probation cc, $1,600,000.00 fine, $2,400 total special assessment; Count(s) 1ss-2ss, 3 yrs probation cc, $800,000.00 fine each count; Count(s) 2s, 3ss, 3 yrs probation cc, $800,000.00 fine; Count(s) 3s-10s, Dismissed on dfts' motion.; Count(s) 4ss, 3 yrs probation cc, $500,000.00 fine, Overseas Shipholding Group Inc terminated. . Signed by Judge Thad Heartfield on 6/29/07. (bjc, ) (Entered: 06/29/2007)
06/29/2007205SEALED Statement of Reasons re 204 Judgment. (bjc, ) (Entered: 06/29/2007)
10/05/2007  Transmitted Supplemental Record on Appeal as to Kun Yun Jho, Overseas Shipholding Group Inc re 152 Notice of Appeal - Interlocutory. 3 Sealed envelopes (pkb, ) (Entered: 10/05/2007)
10/26/2007208ACKNOWLEDGEMENT OF RECEIPT of supplemental record on appeal by 5th Circuit Court of Appeals. (pkb, ) (Entered: 10/26/2007)
07/29/2008211Appeal Record Returned consisting of 5 volumes of transcripts, 1 folder of exhibits and 3 sealed envelopes as to Kun Yun Jho, Overseas Shipholding Group Inc: 152 Notice of Appeal. (dlc, ) (Entered: 08/01/2008)
07/31/2008210JUDGMENT of USCA (certified copy) reversing the Judgment of the District Court as to Kun Yun Jho, Overseas Shipholding Group Inc re 152 Notice of Appeal. The case is remanded to the District Court for further proceedings in accordance with the opinion of this court. Attchments: #(1) USCA Cover Sheet, #(2) USCA Opinion)(dlc, ) (Entered: 07/31/2008)
09/10/2008213Joint MOTION to Continue Trial Date by USA as to Kun Yun Jho, Overseas Shipholding Group Inc. (Attachments: # 1 Text of Proposed Order)(Bales, John) (Entered: 09/10/2008)
09/15/2008  Set Hearings as to Kun Yun Jho, Overseas Shipholding Group Inc: Trial set for 1/5/2009 before Judge Thad Heartfield. (kls, ) (Entered: 09/15/2008)
10/02/2008215NOTICE OF HEARING as to Overseas Shipholding Group Inc Change of Plea Hearing AND Sentencing set for 11/12/2008 02:00 PM in Ctrm 1 (Beaumont) before Judge Thad Heartfield. (jmv, ) (Entered: 10/02/2008)
11/04/2008216NOTICE OF HEARING as to Overseas Shipholding Group Inc Change of Plea Hearing and Re-Sentencing RESET for 11/24/2008 01:30 PM in Ctrm 1 (Beaumont) before Judge Thad Heartfield. (jmv, ) (Entered: 11/04/2008)
11/24/2008217Minute Entry for proceedings held before Judge Thad Heartfield: RE-PLEA HEARING held on 11/24/2008. Plea entered by Overseas Shipholding Group Inc (2): Guilty on Counts 5s,8s,10s. (Court Reporter F McMillan.) (tkd, ) (Entered: 11/26/2008)
11/24/2008218Minute Entry for proceedings held before Judge Thad Heartfield: RE-SENTENCING held on 11/24/2008 for Overseas Shipholding Group Inc (2): Counts 5s, 8s, 10s: $800,000 fine, $300 special assessment each Ct. (Court Reporter F McMillan.) (tkd, ) (Entered: 11/26/2008)
12/12/2008222AMENDED JUDGMENT as to Overseas Shipholding Group Inc (2), correction of sentence on remand. Signed by Judge Thad Heartfield on 12/12/08. (bjc, ) (Entered: 12/12/2008)
12/12/2008223SEALED Statement of Reasons re 222 Amended Judgment. cc: USA, Coffey, Nichols, Starr (bjc, ) (Entered: 12/12/2008)
02/17/2009227NOTICE OF ATTORNEY APPEARANCE Lana Nicole Pettus appearing for USA. (Pettus, Lana) (Entered: 02/17/2009)
03/10/2009229***FILED IN ERROR. PLEASE IGNORE.***
Joint MOTION in Limine Listing Unresolved Motions and Objections by USA as to Kun Yun Jho, Overseas Shipholding Group Inc. (Pettus, Lana) Modified on 3/11/2009 (bjc, ). (Entered: 03/10/2009)
03/10/2009  ***FILED IN ERROR. Document # 229, joint list of unresolved motions and objections pending before the court. Incorrect event used, attys signatures omitted. PLEASE IGNORE.***

(bjc, ) (Entered: 03/11/2009)
05/15/2009243 MOTION to Dismiss Cts 5,6,7 of the Information by USA as to Overseas Shipholding Group Inc. (Attachments: # 1 Text of Proposed Order)(Bales, John) (Entered: 05/15/2009)
09/22/2009247ORDER granting 243 Motion to Dismiss Counts 5,6 and 7 of the information without prejudice as to Overseas Shipholding Group Inc (2). Signed by Judge Thad Heartfield on 9/22/09. (bjc, ) (Entered: 09/23/2009)
09/22/2009  DISMISSAL OF COUNTS on Government Motion as to Overseas Shipholding Group Inc. (bjc, ) (Entered: 09/23/2009)
02/26/2010248Order as to Overseas Shipholding Group Inc that pursuant to 18 USC 3605 the jurisdiction of the supervised releasee be transferred to the District of Massachusetts. Transmitted Transfer of Jurisdiction form, with certified copies of superseding indictment, 2nd superseding indictment,information, judgment, statement of reasons, amended judgment, statement of reasons and docket sheet. (bjc, ) (Entered: 02/26/2010)
03/10/2010249ACKNOWLEDGEMENT OF RECEIPT by the District of Massachusetts of transfer of jurisdiction of supervised release. (bjc, ) (Entered: 03/11/2010)
05/18/2010250Joint MOTION to Clarify Period of Probation by Overseas Shipholding Group Inc as to Kun Yun Jho, Overseas Shipholding Group Inc. (Attachments: # 1 Text of Proposed Order)(Coffey, William) **MOTION ONLY APPLIES TO Overseas Shipholding Group Inc.***
(Entered: 05/18/2010)
05/25/2010251ORDER granting 248 transfer of jurisdiction is hereby amended to reflect that the probationary term runs from November 24, 2008 through March 20, 2010. Signed by Judge Thad Heartfield on 5/25/2010. (bjc, ) cc: USDC Dist of Massachusetts, USPO Dist of Massachusetts, USPO ED/TX (Entered: 05/25/2010)
05/25/2010252AMENDED JUDGMENT as to Overseas Shipholding Group Inc (2): to reflect that :(1) the term of probation consists of a term of 1 yr, 3 mos, 25 days (482 total days) on each of Counts 1s,2s,5s,8s and 10s of the 2nd Superseding Indictment and Counts 1ss,2ss,3ss and 4ss of the information. All such terms are to run concurrently. The 3 yr term of probation contemplated by the plea agreement has been reduced to take into account time served on probation in other jurisdiction in connection w/ companion cases. This probationary period terminates March 20, 2010. Signed by Judge Thad Heartfield on 5/25/2010. (bjc, ) (Entered: 05/25/2010)