CLOSED

U.S. District Court
United States District Court for the Western District of Washington (Seattle)
CRIMINAL DOCKET FOR CASE #: 2:06-cr-00039-MJB-1


Case title: USA v. Smoki Foods, Inc.

Date Filed: 02/02/2006
Date Terminated: 06/05/2006

Assigned to: Hon. Monica J. Benton

Defendant (1)
Smoki Foods Inc
TERMINATED: 06/05/2006
represented byAlan Zarky
4504 W LAUREL DR NE
SEATTLE, WA 98105
206-851-3510
Fax: 206-522-7373
Email: zarky@d-z.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Cyrus R Vance , Jr
Morvillo Abramowitz Grand Iason & Silberberg, PC
565 Fifth Avenue
9th Floor
New York, NY 10017
212-880-9490
Fax: 212-856-9494
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
INTRODUCTION OF ADULTERATED FOOD INTO INTERSTATE COMMERCE, All in violation of Title 21, U.S.C., Sections 331(a), and 333(a)(1), and Title 18, U.S.C., Section 2.
(1)
$266,666.00 fine imposed. Defendant to pay $133,334 restitution. $250 s/a imposed.
INTRODUCTION OF ADULTERATED FOOD INTO INTERSTATE COMMERCE, All in violation of Title 21, U.S.C., Sections 331(a), and 333(a)(1), and Title 18, U.S.C., Section 2.
(2)
$266,666.00 fine imposed. Defendant to pay $133,334 restitution. $250 s/a imposed.

Highest Offense Level (Opening)
Misdemeanor

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byCarl H Blackstone
US ATTORNEY'S OFFICE (SEA)
700 STEWART ST
STE 5220
SEATTLE, WA 98101-1271
206-553-7970
Email: Carl.Blackstone@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Lawrence R Lincoln
US ATTORNEY'S OFFICE (SEA)
700 STEWART ST
STE 5220
SEATTLE, WA 98101-1271
206-553-7970
Email: Lawrence.Lincoln@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
02/02/2006MISDEMEANOR INFORMATION as to Smoki Foods, Inc. (1) count(s) 1-2. (AE, ) (Entered: 02/02/2006)
02/07/2006NOTICE of Related Case CR06-0040 filed by attorney Carl H Blackstone. (Blackstone, Carl) (Entered: 02/07/2006)
03/03/2006NOTICE OF ATTORNEY APPEARANCE: Alan Zarky appearing for Smoki Foods, Inc. (Zarky, Alan) (Entered: 03/03/2006)
03/06/2006Minute Entry for proceedings held before Judge Monica J. Benton - CRD: Agalelei Elkington; AUSA: Carl Blackstone; Def Cnsl: Cyrus Vance; Court Reporter: Digital Recording; Time of Hearing: 10:00am; Courtroom: 12B; INITIAL APPEARANCE AND PLEA as to Smoki Foods, Inc. held on 3/6/2006.

Corporate Resolution agreement filed. Defendant, Smoki Foods is represented by counsel, Cyrus Vance. Vice President, Rodger May is also present on case number CR06-40MJB. Counsel, Cyrus Vance is placed under oath and advised of rights/charges/penalties for Smoki Foods. Court reviews the plea agreement;. Defendant throught Counsel pleads guilty to counts 1 and 2.

Court finds the Defendant, as represented by counsel is competent to enter a guilty plea; Plea accepted. Court orders the preparation of a Presentence Report. Sentencing set for 6/5/2006 at 10:00 AM in Courtroom 12B before Hon. Monica J. Benton. (AE, ) (Entered: 03/06/2006)

03/06/2006PLEA AGREEMENT as to Smoki Foods, Inc. (cc: USPO, FLU) (JN, ) (Entered: 03/06/2006)
05/30/2006SENTENCING MEMORANDUM by Smoki Foods, Inc. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Zarky, Alan) (Entered: 05/30/2006)
05/30/2006SENTENCING MEMORANDUM by USA as to Smoki Foods, Inc. (Lincoln, Lawrence) (Entered: 05/30/2006)
06/02/2006Minute Entry for proceedings held before Judge Monica J. Benton - Telephone Conference as to Smoki Foods, Inc. held on 6/2/2006. (AE, ) (Entered: 06/02/2006)
06/05/2006Minute Entry for proceedings held before Judge Monica J. Benton - CRD: Agalelei Elkington; AUSA: Carl Blackstone; Def Cnsl: Cyrus Vance, Alan Zarky; USPO: Kalen Thomas; Court Reporter: Digital Recording; Time of Hearing: 10:00am; Courtroom: 12B; SENTENCING held on 6/5/2006 for Smoki Foods, Inc.

Defense Counsels present. Government addresses court regarding violations and recommended sentence. Defense Counsel addresses court regarding sentence recommendations as outlined in plea agreement. Sentence imposed: $266,666 fine imposed. Defendant to pay $133,334 restitution. $250 s/a imposed. Judgment signed. (AE, ) (Entered: 06/05/2006)

06/05/200610 JUDGMENT as to Smoki Foods, Inc. by Judge Monica J. Benton. (cc: USPO, PTS, USMO, FLU, Fin.) (AE, ) (Entered: 06/05/2006)
06/07/200711 SATISFACTION OF MONETARY IMPOSITION in favor of USA against Smoki Foods, Inc. (cc: Financial) (Bartlett, Anastasia) (Entered: 06/07/2007)