Northern District of Georgia (Rome)
CRIMINAL DOCKET FOR CASE #: 4:06-cr-00059-RLV-WEJ-1,2

Case title: USA v. Pacific Link Trade USA, Inc. et al

Date Filed: 08/22/2006
Date Terminated: 06/21/2007

Assigned to: Judge Robert L. Vining, Jr
Referred to: Magistrate Judge Walter E. Johnson

Defendant (1)
Pacific Link Trade USA, Inc.
TERMINATED: 06/21/2007
represented byJeffrey L. Berhold
Jeffrey L. Berhold, P.C.
Suite 1050
1230 Peachtree Street
Atlanta, GA 30309
404-872-3800
Fax: 678-868-2021
Email: jeff@berhold.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:2320 (a) and 2 TRAFFICKING IN COUNTERFEIT GOODS/SERVICES (SUB OFFENSE)
(3)
5 Years Probation. $400 Special Assessment. $65,000 Fine, which will be offset by the fine imposed on Defendant David Chen, leaving a fine of $55,000.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:2320 (a) and 2 TRAFFICKING IN COUNTERFEIT GOODS/SERVICES (SUB OFFENSE)
(1-2)
Dismissed on Government's Motion
18:2320 (a) and 2 TRAFFICKING IN COUNTERFEIT GOODS/SERVICES (SUB OFFENSE)
(4-7)
Dismissed on Government's Motion

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge Robert L. Vining, Jr
Referred to: Magistrate Judge Walter E. Johnson

Defendant (2)
Pacific Link International Trade, Inc.
TERMINATED: 06/21/2007

Pending Counts

Disposition
None

Highest Offense Level (Opening)
None

Terminated Counts

Disposition
18:2320 (a) and 2 TRAFFICKING IN COUNTERFEIT GOODS/SERVICES (SUB OFFENSE)
(1-7)
Dismissed on Government's motion

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byLawrence R. Sommerfeld
Office of United States Attorney
Northern District of Georgia
75 Spring Street, S.W.
600 United States Courthouse
Atlanta, GA 30303
404-581-6000
Email: Lawrence.Sommerfeld@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
08/22/20061INDICTMENT as to Pacific Link Trade USA, Inc. (1) count(s) 1-7, Pacific Link International Trade, Inc. (2) count(s) 1-7, David Chen (3) count(s) 1-7, David Rice (4) count(s) 1-7 all in Violation of Title 18, USC, Section 981, Title 28, USC, Section 2461, incorporating Title 21, USC, Section 853(p) with Forfeiture Provision. (bjj) (Entered: 08/23/2006)
08/22/20062Defendant Information Sheet as to Pacific Link Trade USA, Inc. (bjj) (Entered: 08/23/2006)
08/22/20063Defendant Information Sheet as to Pacific Link International Trade, Inc. (bjj) (Entered: 08/23/2006)
09/21/200612Minute Entry for proceedings held before Magistrate Judge Walter E. Johnson :Arraignment and INITIAL APPEARANCE as to Pacific Link Trade USA, Inc.. PLEA of NOT GUILTY by Pacific Link Trade USA, Inc. as to Counts 1-7. Estimated Trial Time-Short. (Attachments: # 1 Plea with Counsel)(Tape #20 @ 3185)(klb) (Entered: 09/22/2006)
09/21/200615Minute Entry for proceedings held before Judge Walter E. Johnson :Hearing Held regarding counsel. Mr. Behold will represent David Chen & Pacific Link Trade USA and Mr. Cowan will represent David Rice. (Tape #20 @ 4883)(klb) (Entered: 09/22/2006)
09/21/200616PRETRIAL SCHEDULING ORDER as to Pacific Link Trade USA, Inc. and David Chen. Pretrial Conference set for 10/10/2006 at 1:15 PM in Courtroom 326 before Magistate Judge Walter E. Johnson. Signed by Magistrate Judge Walter E. Johnson on 9/21/06.(klb) (Entered: 09/25/2006)
09/25/200617Non-Surety Bond Entered as to Pacific Link Trade USA, Inc. in amount of $ 10,000, (klb) (Entered: 09/25/2006)
09/25/200618ORDER Setting Conditions of Release as to Pacific Link Trade USA, Inc. Signed by Magistrate Judge Walter E. Johnson on 9/25/06.(klb) (Entered: 09/25/2006)
09/27/2006  ORAL MOTION for a one day Extension of Time until 10/3/06 to file pretrial motions by Pacific Link Trade USA, Inc., David Chen, David Rice. (klb) (Entered: 09/27/2006)
09/28/2006  ORAL ORDER granting Oral Motion for Extension of Time to File pretrial motions as to Pacific Link Trade USA, Inc., David Chen and David Rice. Pretrial motions due 10/3/06. Entered by Magistrate Judge Walter E. Johnson on 9/28/06. (klb) (Entered: 09/28/2006)
10/03/200621 MOTION for Bill of Particulars with Brief In Support by Pacific Link Trade USA, Inc., David Chen, David Rice. (Berhold, Jeffrey) (Entered: 10/03/2006)
10/10/200626Minute Entry for proceedings held before Magistrate Judge Walter E. Johnson :Pretrial Conference as to Pacific Link Trade USA, Inc. Defendants' 21 MOTION for Bill of Particulars is DENIED with leave to refile if necessary. (Tape #22 @ 1)(klb) (Entered: 10/12/2006)
10/10/2006  ORAL ORDER denying Defendants' 21 Motion for Bill of Particulars as to Pacific Link Trade USA, Inc., David Chen, and David Rice. Motion denied with leave to refile if necessary.Entered by Magistrate Judge Walter E. Johnson on 10/10/06 at the pretrial conference. (klb) (Entered: 10/12/2006)
10/12/200629ORDER regarding speedy trial as to Pacific Link Trade USA, Inc. The Court has ruled on all motions filed by defendant Pacific Link Trade. This Court observes that the defendant has been indicted with additional defendants and that matters pertaining to such co-defendants are still pending. The time for commencing this defendant's trial may be stayed until such time as all other defendants have been certified ready for trial. The clerk is directed to exclude from computation under the Speedy Trial Act the period of delay from 10/10/06 until all defendants have been certified ready for trial. Signed by Magistrate Judge Walter E. Johnson on 10/12/06.(klb) (Entered: 10/12/2006)
10/25/200635Notice for Leave of Absence for the following date(s): November 17 - 24, 2006, by Lawrence R. Sommerfeld. (Sommerfeld, Lawrence) (Entered: 10/25/2006)
12/18/200638ORDER CERTIFYING CASE READY FOR TRIAL as to Pacific Link Trade USA, Inc., David Chen and David Rice Signed by Magistrate Judge Walter E. Johnson on 12/18/06.(klb) (Entered: 12/19/2006)
01/04/200739NOTICE SETTING TRIAL as to Pacific Link Trade USA, Inc., David Chen, and David Rice, Jury Trial set for 1/16/2007 at 10:00 AM in Courtroom 353 before Judge Robert L. Vining Jr. (jpa) (Entered: 01/04/2007)
01/04/200740 MOTION to Continue Trial Date with Brief In Supportby Pacific Link Trade USA, Inc., David Chen as to Pacific Link Trade USA, Inc., Pacific Link International Trade, Inc., David Chen, David Rice. (Berhold, Jeffrey) (Entered: 01/04/2007)
01/12/200742ORDER granting 40 Motion for Continuance of jury trial as to Pacific Link Trade USA, Inc. (1), David Chen (3), David Rice (4); granting 41 Motion for Continuance of jury trial as to David Rice (4). Jury trial will be scheduled at a later date. Signed by Judge Robert L. Vining Jr. on 1/12/07. (jpa) (Entered: 01/12/2007)
03/16/200743NOTICE SETTING TRIAL as to Pacific Link Trade USA, Inc., David Chen, David Rice, Jury Trial set for 5/14/2007 at 10:00 AM in Courtroom 353 before Judge Robert L. Vining Jr.(jpa) (Entered: 03/16/2007)
03/26/200744NOTICE Setting Case for Tender of Guilty Plea as to Pacific Link Trade USA, Inc., David Chen, and David Rice. Tender Plea Hearing set for 4/23/2007 at 02:00 PM in Courtroom 353 before Judge Robert L. Vining Jr.(jpa) (Entered: 03/26/2007)
04/23/200745Minute Entry for proceedings held before Judge Robert L. Vining Jr.: Change of Plea Hearing as to Pacific Link Trade USA, Inc., PLEA of GUILTY by Pacific Link Trade USA, Inc. (1) Guilty Count 3. (Court Reporter Kimberly C. Bramlett.) (jpa) (Entered: 04/24/2007)
04/23/200746PLEA AGREEMENT between defendant Pacific Link Trade USA, Inc. and Government. (Attachments: # 1 Corporate Resolution) (jpa) (Entered: 04/24/2007)
04/23/200751NOTICE OF SENTENCING as to Pacific Link Trade USA, Inc., David Chen, and David Rice. Sentencing set for 6/21/2007 at 10:00 AM in Courtroom 353 before Judge Robert L. Vining Jr. (jpa) (Entered: 04/24/2007)
05/10/200752Notice for Leave of Absence for the following date(s): June 25-July 6, 2007, and August 3-10, 2007, by Lawrence R. Sommerfeld. (Sommerfeld, Lawrence) (Entered: 05/10/2007)
06/21/200753 MOTION to Dismiss Counts Pacific Link Trade USA, Inc. (1) Count 1-2,4-7 by USA as to Pacific Link Trade USA, Inc.. (Sommerfeld, Lawrence) (Entered: 06/21/2007)
06/21/200754 MOTION to Dismiss Indictment by USA as to Pacific Link International Trade, Inc.. (Sommerfeld, Lawrence) (Entered: 06/21/2007)
06/21/200757Minute Entry for proceedings held before Judge Robert L. Vining Jr.: Sentencing as to Pacific Link Trade USA, Inc. (Court Reporter Kimberly C. Bramlett.) (jpa) (Entered: 06/22/2007)
06/21/200758ORDER granting 53 Motion to Dismiss Counts as to Pacific Link Trade USA, Inc. (1). Signed by Judge Robert L. Vining Jr. on 6/21/07. (jpa) (Entered: 06/22/2007)
06/21/200759JUDGMENT AND COMMITMENT as to Pacific Link Trade USA, Inc. Count(s) 3, 5 Years Probation. $400 Special Assessment. $65,000 Fine, which will be offset by the fine imposed on Defendant David Chen, leaving a fine of $55,000. Signed by Judge Robert L. Vining Jr. on 6/21/07. --Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (jpa) (Entered: 06/22/2007)
06/21/200768ORDER granting 54 Motion to Dismiss Indictment as to Pacific Link International Trade, Inc. (2). Signed by Judge Robert L. Vining Jr. on 6/21/07. (jpa) (Entered: 06/22/2007)
06/25/2007  Special Assessment of $400.00 paid as to Pacific Link Trade USA, Inc.; receipt#366319; fund 504100. (jta) (Entered: 06/25/2007)
07/31/200770SATISFACTION OF MONETARY PORTION OF JUDGMENT as to Pacific Link Trade USA, Inc. (Smith, Cynthia) (Entered: 07/31/2007)
01/02/200883NOTICE OF FILING Code of Conduct, Compliance Guidelines, and Publication Notice as to Pacific Link Trade USA, Inc. re 3 Publication Notice)(Berhold, Jeffrey) (Entered: 01/02/2008)