CLOSED, LAW_CLERK_A

U.S. District Court
United States District Court for the Western District of Washington (Tacoma)
CRIMINAL DOCKET FOR CASE #: 3:03-cr-05171-JET-1


Case title: USA v. Ta Tong Marine Co, et al

Date Filed: 02/27/2003
Date Terminated: 07/18/2003

Assigned to: Hon. Jack E. Tanner

Defendant (1)
Ta Tong Marine Co Ltd
TERMINATED: 07/18/2003
represented byIrwin H. Schwartz
IRWIN SCHWARTZ LAW OFFICE
710 CHERRY STREET
SEATTLE, WA 98104
206-623-5084
Fax: FAX 623-5951
Email: irwin@ihschwartz.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:1001.F False Statements
(1)
J&C: $750,000.00 Fine (375,000.00 Pd) Balance Of $375,000.00 due in 6 months..Int waived on balance $800.00 sp. assesment (pd) 4 yrs. probation Def adv of rt to appeal
33:1908.F Violation of Oil Pollution Prevention Regulations
(3)
J&C: $750,000.00 Fine (375,000.00 Pd) Balance Of $375,000.00 due in 6 months..Int waived on balance $800.00 sp. assesment (pd) 4 yrs. probation Def adv of rt to appeal

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:1505.F Obstruction of Agency Proceedings
(2)
J&C: $750,000.00 Fine (375,000.00 Pd) Balance Of $375,000.00 due in 6 months..Int waived on balance $800.00 sp. assesment (pd) 4 yrs. probation Def adv of rt to appeal

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
United States of America represented byJames D Oesterle
US ATTORNEY'S OFFICE (SEA)
700 STEWART ST
STE 5220
SEATTLE, WA 98101-1271
206-553-5040
Email: jim.oesterle@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Mark D Chutkow
US ATTORNEY'S OFFICE
601 UNION ST
STE 5100
SEATTLE, WA 98101-3903
206-553-7970
Fax: FAX 553-2502
Email: Mark.Chutkow@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
02/10/2003APPLICATION by plaintiff USA for material witness arrest warrants [ 3:03-m -5027 ] (TW) (Entered: 02/20/2003)
02/10/2003ORDER by Magistrate Judge J. K. Arnold granting application for material witness arrest warrants [ 3:03-m -5027 ] (TW) (Entered: 02/20/2003)
02/27/200314INDICTMENT by USA James D Oesterle, Floyd G Short. Counts filed against Ta Tong Marine Co (1) count(s) 1, 2, 3, Wang Ki (2) count(s) 1, 2 (CAR) (Entered: 03/03/2003)
02/27/200315ORDER CONTINUING CONDITIONS of RELEASE by Magistrate Judge Ricardo S. Martinez as to Ta Tong Marine Co (CAR) (Entered: 03/03/2003)
02/28/200317 STIPULATION and ORDER by Judge Jack E. Tanner for temporary restraining order **FILED UNDER SEAL** (cc: counsel, Judge) (CAR) (Entered: 03/03/2003)
02/28/200318 EMERGENCY MOTION to take depositions by Gov't (CAR) (Entered: 03/03/2003)
02/28/2003  LODGED ORDER re: motion to take depositions by Gov't [18-1] (CAR) (Entered: 03/03/2003)
02/28/2003  LODGED ORDER: re: motion to take depositions by Gov't [18-1] (CAR) (Entered: 03/03/2003)
03/03/200319ORDER by Judge Jack E. Tanner AUTHORIZING Sevice of US Mtn on cnsl for the dfts in this case, so that they can resp. (cc: counsel, Judge) (CAR) (Entered: 03/03/2003)
03/05/200321POSITION/Response by D' Ta Tong Marine Co on U.S. Emergency motion to take depositions by Gov't [18-1] (CAR) (Entered: 03/07/2003)
03/05/200322NOTICE by plaintiff of taking depo of Moe Kyaw on 3/13/03 (CAR) (Entered: 03/07/2003)
03/05/200323NOTICE by plaintiff of taking depo of Zaw Win on 3/13/03 (CAR) (Entered: 03/07/2003)
03/05/200324NOTICE by plaintiff of taking depo of Kyaw Sein on 3/14/03 (CAR) (Entered: 03/07/2003)
03/05/200325NOTICE by plaintiff of taking depo of Thein Myint on 3/12/03 (CAR) (Entered: 03/07/2003)
03/05/200326NOTICE by plaintiff of taking depo of Lin Hang Cheng on 3/12/03 (CAR) (Entered: 03/07/2003)
03/05/200327NOTICE by plaintiff of taking depo of Zu Rong Sheng on 3/12/03 (CAR) (Entered: 03/07/2003)
03/05/2003  PROPOSED 1st Amended Stipulated Restraining Order (CAR) (Entered: 03/07/2003)
03/05/200334ORDER by Judge Jack E. Tanner GRANTING motion to take depositions by Gov't [18-1] **SEE ORDER FOR DETAILS** (cc: counsel, Judge) (CAR) (Entered: 03/11/2003)
03/06/200328MTN to recon order on US emergency mtn to take depos by D' Ta Tong Marine Co NOTED FOR 3/6/03 (CAR) (Entered: 03/07/2003)
03/06/200329MTN to reconsider ruling on US Emergency mtn to take depos NOTED FOR 3/6/03 (CAR) (Entered: 03/07/2003)
03/06/200335ORDER by Judge Jack E. Tanner DENYING motion to reconsider ruling on US Emergency mtn to take depos [29-1], DENYING motion to recon order on US emergency mtn to take depos by D' Ta Tong Marine Co [28-1] (cc: counsel, Judge) (CAR) (Entered: 03/11/2003)
03/07/200330FIRST AMENDED STIPULATED RESTRAINING ORDER by Judge Jack E. Tanner **SEE ORDER FOR DETAILS** (cc: counsel, Judge) (CAR) (Entered: 03/10/2003)
03/07/200331MINUTES of Arraignment for both dfts:JKA, Dep Clerk:Kelly Miller, AUSA:Mark Chutkow, Def Counsel:Irwin Schwartz/Larry Matasar, Tape #JKA 966, Intpr:James Hsu (Mandarin) D' Ki pres on bond. First appearance of Ta Tong Marine Co, Attorney Irwin H. Schwartz present. Arraignment cont'd to 3/10/03 at 3:30 p.m. for Wang Ki. D' Ta Tong Marine arraigned; PLEADS NOT GUILTY; pretrial motions cutoff ddl set for 3/28/03 and jury trial set for 9:30 a.m. on 4/21/03 for Ta Tong Marine Co. (cc: counsel, Judge, PTS, USMO, USPO) (CAR) (Entered: 03/11/2003)
03/07/200332ATTORNEY APPEARANCE for defendant Ta Tong Marine Co by Irwin Schwartz (CAR) (Entered: 03/11/2003)
03/07/200333REQUEST by defendant Ta Tong Marine Co for DISCOVERY (CAR) (Entered: 03/11/2003)
03/10/200336STIPULATION and ORDER by Magistrate Judge J. K. Arnold that the US Atty for WDWA is hereby autho to release copies of the transcripts of the grand jury proceedings from the appearances of these wits, as well as memoranda of interviews of the wits, to their cnsl, Michael G. Martin and Anna M. Tolin, for the purposes of ass't the wits in prep for the Rule 15 deps of the witnesses. (cc: counsel, Judge) (CAR) (Entered: 03/11/2003)
03/10/2003  LODGED ORDER re: REPORT AND RECOMMENDATION regarding plea of guilty as to defendant Ki NOTED FOR 3/21/03 [40-1] (CAR) (Entered: 03/11/2003)
03/12/200341Dft Ta Tong Marine LTD's Rule 12.4 STATEMENT (DK) (Entered: 03/18/2003)
03/14/2003  PROPOSED 2nd Amd Stip Restraining Order (CAR) (Entered: 03/19/2003)
03/18/200342MOTION to depose Lee Hsi Shuh by defendant Ta Tong Marine Co NOTED FOR 3/28/03 (DK) (Entered: 03/20/2003)
03/19/200343SECOND AMENDED STIPULATED RESTRAINING ORDER by Judge Jack E. Tanner **SEE ORDER FOR DETAILS** (cc: counsel, Judge) (CAR) (Entered: 03/20/2003)
03/21/200344TRANSCRIPT of proceedings for the following dates: 3/10/03 (Re: Revision of Plea by D' Ki ) CR initials: JR (CAR) (Entered: 03/24/2003)
03/25/200345RESPONSE by Gov't to motion to depose Lee Hsi Shuh by defendant Ta Tong Marine Co [42-1] (CAR) (Entered: 03/26/2003)
03/27/200347REPLY by defendant Ta Tong Marine Co RE Mtn to Depose Lee Hsi Shuh (CAR) (Entered: 04/01/2003)
03/28/200346ORDER by Judge Jack E. Tanner GRANTING motion to depose Lee Hsi Shuh by defendant Ta Tong Marine Co [42-1] (cc: counsel, Judge) (CAR) (Entered: 03/28/2003)
03/28/200348MOTION by D' Ta Tong Marine Co to dism cts 1 and 3 for violations of the paperwork reduction act NOTED FOR 4/11/03 (CAR) (Entered: 04/01/2003)
03/28/200349MOTION for a bill of particulars by defendant Ta Tong Marine Co NOTED FOR 4/11/03 (CAR) (Entered: 04/01/2003)
03/28/200350MOTION by D' Ta Tong Marine Co to dismiss indictment for improper venue and lack of jurisdiction NOTED FOR 4/11/03 (CAR) (Entered: 04/01/2003)
03/28/200351MTN to supr evid seized as a result of a warrantless seizure by D' Ta Tong Marine Co; EVID HRG REQUESTED NOTED FOR 4/11/03 (CAR) (Entered: 04/01/2003)
03/28/200352MTN by D' Ta Tong Marine Co to dismiss count 2 for failure to state offense NOTED FOR 4/11/03 (CAR) (Entered: 04/01/2003)
03/28/200353MTN by D' Ta Tong Marine Co to dismiss count 2 on the ground of duplicity NOTED FOR 4/11/03 (CAR) (Entered: 04/01/2003)
03/28/200354MTN by D' Ta Tong Marine Co to dismiss counts 1, 2, & 3 of the indictment for unsufficiency NOTED FOR 4/11/03 (CAR) (Entered: 04/01/2003)
03/28/200355MOTION to strike surplusage from the indictment by defendant Ta Tong Marine Co NOTED FOR 4/11/03 (CAR) (Entered: 04/01/2003)
03/28/200356AFFIDAVIT OF SERVICE by defendant Ta Tong Marine Co of motion by D' Ta Tong Marine Co to dism cts 1 and 3 for violations of the paperwork reduction act [48-1], of motion for a bill of particulars by defendant Ta Tong Marine Co [49-1], of motion by D' Ta Tong Marine Co to dismiss indictment for improper venue and lack of jurisdiction [50-1], of motion to supr evid seized as a result of a warrantless seizure by D' Ta Tong Marine Co; EVID HRG REQUESTED [51-1], of motion by D' Ta Tong Marine Co to dismiss count 2 for failure to state offense [52-1], of motion by D' Ta Tong Marine Co to dismiss count 2 on the ground of duplicity [53-1], of motion by D' Ta Tong Marine Co to dismiss counts 1, 2, & 3 of the indictment for unsufficiency [54-1], of motion to strike surplusage from the indictment by defendant Ta Tong Marine Co [55-1], of order [46-1] (CAR) (Entered: 04/01/2003)
03/28/200357MOTION to depose Chen Huei Shyong by D' Ta Tong Marine Co NOTED FOR 4/11/03 (CAR) (Entered: 04/01/2003)
04/01/2003  PROPOSED Stip/Order RE D' Ta Tong Marine's Pretrial Motions (CAR) (Entered: 04/02/2003)
04/02/200358STIPULATION and ORDER by Judge Jack E. Tanner RE D' Ta Tong Marine's pretrial motions **SEE ORDER FOR DETAILS** RENOTING the mtn to supr evid; mtn to dism cts 1,2,3 for unsufficiency; mtn to dism Ct 2 on the ground of duplicity; mtn to dism ct 2 for failure to state an offense, and mtn to dism ind for improper venue and lack of jurisdiction FOR 4/14/03. (cc: counsel, Judge) (CAR) (Entered: 04/02/2003)
04/02/2003  PROPOSED Stip/Order RE Pretrial Mtns & Depos (CAR) (Entered: 04/04/2003)
04/04/200359STIPULATION and ORDER by Judge Jack E. Tanner that the following mtns are RENOTED to 4/18/03: motion to depose Chen Huei Shyong [57-1], motion for a bill of particulars [49-1], motion to strike surplusage from the indictment [55-1], motion to dism cts 1 and 3 for violations of the paperwork reduction act [48-1]; and the following mtns are RENOTED for 4/23/03: motion to supr evid seized as a result of a warrantless seizure [51-1], motion to counts 1, 2, & 3 of the indictment for unsufficiency, motion to dism count 2 on the ground of duplicity [53-1], motion to dismiss count 2 for failure to state offense [52-1], motion to dismiss indictment for improper venue and lack of jurisdiction [50-1]. D' Ta Tong Marine shall take the depo of Captain Lee on or before 4/18/03. (cc: counsel, Judge) (CAR) (Entered: 04/07/2003)
04/09/200360NOTICE OF HEARING on Plea by D' Ta Tong Marine change of plea set for 10:30 a.m. on 4/14/03 for Ta Tong Marine Co (cc: Judge, all counsel) (CAR) (Entered: 04/10/2003)
04/14/200361MINUTES of Rule 11 Plea by D' Ta Tong Marine:JKA, Dep Clerk:K Miller, AUSA:J Oesterle, Def Counsel:I Schwartz, CR:L Briggs, USPO:S McNickle. D' pres thru representative. Ta Tong Marine Co enters GUILTY plea to Cts 1 & 3. Sentencing hearing set for 10:00 a.m. on 7/11/03 for Ta Tong Marine Co. (cc: counsel, Judge, PTS, USMO, USPO) (CAR) (Entered: 04/15/2003)
04/14/2003  PROPOSED Minutes & Resolution (CAR) (Entered: 04/15/2003)
04/14/2003  PROPOSED Certificate of Secretary (CAR) (Entered: 04/15/2003)
04/14/200362PLEA AGREEMENT as to Ta Tong Marine Co (CAR) (Entered: 04/15/2003)
04/14/200363CONSENT TO RULE 11 PLEA in a felony case by Ta Tong Marine Co (CAR) (Entered: 04/15/2003)
04/14/200364 REPORT AND RECOMMENDATION regarding plea of guilty as to defendant Ta Tong Marine Co by Magistrate Judge J. K. Arnold (cc: counsel, Judge, USPO) (CAR) (Entered: 04/15/2003)
04/14/2003  LODGED ORDER re: REPORT AND RECOMMENDATION regarding plea of guilty as to defendant Ta Tong Marine Co [64-1] (CAR) (Entered: 04/15/2003)
04/15/200365ORDER by Judge Jack E. Tanner that the plea of GUILTY by D' Ta Tong Marine to 2 of the charges contained in the Indictment is hereby accepted, and D' is adjudged guilty of such offenses. All parties shall appear before this Court for sentencing as directed. (cc: counsel, Judge) (CAR) (Entered: 04/15/2003)
04/15/200366TRANSCRIPT of proceedings for the following date(s): 4/14/03 (Re:Felony plea of D' Ta Tong Marine) CR initials: LB (CAR) (Entered: 04/15/2003)
04/15/200367ORIGINAL CORPORATE MINUTES from D' Ta Tong Marine authorizing cnsl Irwin Schwartz to enter a guilty plea to Counts 1 & 3 (CAR) (Entered: 04/17/2003)
05/19/200368MINUTE ORDER by Judge Jack E. Tanner sentencing hearing cont'd to 10:30 a.m. on 7/18/03 for Ta Tong Marine Co (cc: counsel, Judge) (CAR) (Entered: 05/20/2003)
06/24/200374NOTICE by United States of America as to Environment Management System/Compliance Program by Ta Tong Marine Co Ltd (CAR, ) (Entered: 06/27/2003)
07/03/200375MOTION by Government to Suspend Portion of Criminal Fine to Fund Community Service Projects by United States of America as to Ta Tong Marine Co Ltd (Attachments: # 1 Exhibit Attachment A)(Oesterle, James) Modified on 7/7/2003 (CAR, ). (Entered: 07/03/2003)
07/07/200376NOTICE TO FILER OF DEFICIENCES IN ELECTRONICALLY FILED DOCUMENTS by Clerk re: e 75 Memorandum/should be a motion (CAR, ) (Entered: 07/07/2003)
07/14/200377SENTENCING MEMORANDUM by United States of America as to Ta Tong Marine Co Ltd (Chutkow, Mark) (Entered: 07/14/2003)
07/14/200378SENTENCING MEMORANDUM by Ta Tong Marine Co Ltd (CAR, ) Additional attachment(s) added on 7/16/2003 (CAR, ). (Entered: 07/16/2003)
07/17/200382Letter from State of WA, Dept of Ecology regarding community service projects as to defendant Ta Tong Marine Co Ltd (DK, ) (Entered: 07/21/2003)
07/18/200379 Minute Entry for proceedings held before Judge Jack E. Tanner - CRD: D. Harrison AUSA: M. Chutkow Def Cnsl: I. Schwartz USPO/PTS: D. Moon Court Reporter: J. Ryen SENTENCING held on 7/18/2003 for Ta Tong Marine Co Ltd (1), Count(s) 1, J&C:$750,000.00 Fine (375,000.00 Pd) Balance Of $375,000.00due in 6 months..Int waived on balance $800.00 sp. assesment (pd) 4 yrs. probation Def adv of rt to appeal; Count(s) 2, Dismissed. Count(s) 3, Concurrent to Ct 1. Def adv of rt to appeal. (EW, ) (Entered: 07/18/2003)
07/18/200380JUDGMENT as to Ta Tong Marine Co Ltd signed by Judge Jack E. Tanner. (EW, ) (Entered: 07/21/2003)
07/18/200381Letter from West Coast Marine Cleaning Inc regarding Sludge Removal as to defendant Ta Tong Marine Co Ltd (EW, ) (Entered: 07/21/2003)
07/22/200383TRANSCRIPT of Proceedings as to Ta Tong Marine Co Ltd Sentencing held on 7/18/03 before Judge Jack E. Tanner. Court Reporter: Julaine Ryen. (CAR, ) (Entered: 07/24/2003)
01/23/200485Satisfaction of Monetary Imposition as to defendant Ta Tong Marine Co Ltd. (Bartlett, Anastasia) (Entered: 01/23/2004)