| CLOSED, LAW_CLERK_A |
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 by | Irwin 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 by | James 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 |
|---|---|---|
| 02/10/2003 | 8 | APPLICATION by plaintiff USA for material witness arrest warrants [ 3:03-m -5027 ] (TW) (Entered: 02/20/2003) |
| 02/10/2003 | 9 | ORDER by Magistrate Judge J. K. Arnold granting application for material witness arrest warrants [ 3:03-m -5027 ] (TW) (Entered: 02/20/2003) |
| 02/27/2003 | 14 | INDICTMENT 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) |
| 02/27/2003 | 15 | ORDER CONTINUING CONDITIONS of RELEASE by Magistrate Judge Ricardo S. Martinez as to Ta Tong Marine Co (CAR) (Entered: 03/03/2003) |
| 02/28/2003 | 17 | STIPULATION and ORDER by Judge Jack E. Tanner for temporary restraining order **FILED UNDER SEAL** (cc: counsel, Judge) (CAR) (Entered: 03/03/2003) |
| 02/28/2003 | 18 | 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) | |
| 03/03/2003 | 19 | ORDER 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) |
| 03/05/2003 | 21 | POSITION/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) |
| 03/05/2003 | 22 | NOTICE by plaintiff of taking depo of Moe Kyaw on 3/13/03 (CAR) (Entered: 03/07/2003) |
| 03/05/2003 | 23 | NOTICE by plaintiff of taking depo of Zaw Win on 3/13/03 (CAR) (Entered: 03/07/2003) |
| 03/05/2003 | 24 | NOTICE by plaintiff of taking depo of Kyaw Sein on 3/14/03 (CAR) (Entered: 03/07/2003) |
| 03/05/2003 | 25 | NOTICE by plaintiff of taking depo of Thein Myint on 3/12/03 (CAR) (Entered: 03/07/2003) |
| 03/05/2003 | 26 | NOTICE by plaintiff of taking depo of Lin Hang Cheng on 3/12/03 (CAR) (Entered: 03/07/2003) |
| 03/05/2003 | 27 | NOTICE 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) | |
| 03/05/2003 | 34 | ORDER 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) |
| 03/06/2003 | 28 | MTN 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) |
| 03/06/2003 | 29 | MTN to reconsider ruling on US Emergency mtn to take depos NOTED FOR 3/6/03 (CAR) (Entered: 03/07/2003) |
| 03/06/2003 | 35 | ORDER 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) |
| 03/07/2003 | 30 | FIRST AMENDED STIPULATED RESTRAINING ORDER by Judge Jack E. Tanner **SEE ORDER FOR DETAILS** (cc: counsel, Judge) (CAR) (Entered: 03/10/2003) |
| 03/07/2003 | 31 | MINUTES 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) |
| 03/07/2003 | 32 | ATTORNEY APPEARANCE for defendant Ta Tong Marine Co by Irwin Schwartz (CAR) (Entered: 03/11/2003) |
| 03/07/2003 | 33 | REQUEST by defendant Ta Tong Marine Co for DISCOVERY (CAR) (Entered: 03/11/2003) |
| 03/10/2003 | 36 | STIPULATION 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) | |
| 03/12/2003 | 41 | Dft 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) | |
| 03/18/2003 | 42 | MOTION to depose Lee Hsi Shuh by defendant Ta Tong Marine Co NOTED FOR 3/28/03 (DK) (Entered: 03/20/2003) |
| 03/19/2003 | 43 | SECOND AMENDED STIPULATED RESTRAINING ORDER by Judge Jack E. Tanner **SEE ORDER FOR DETAILS** (cc: counsel, Judge) (CAR) (Entered: 03/20/2003) |
| 03/21/2003 | 44 | TRANSCRIPT of proceedings for the following dates: 3/10/03 (Re: Revision of Plea by D' Ki ) CR initials: JR (CAR) (Entered: 03/24/2003) |
| 03/25/2003 | 45 | RESPONSE by Gov't to motion to depose Lee Hsi Shuh by defendant Ta Tong Marine Co [42-1] (CAR) (Entered: 03/26/2003) |
| 03/27/2003 | 47 | REPLY by defendant Ta Tong Marine Co RE Mtn to Depose Lee Hsi Shuh (CAR) (Entered: 04/01/2003) |
| 03/28/2003 | 46 | ORDER 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) |
| 03/28/2003 | 48 | MOTION 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) |
| 03/28/2003 | 49 | MOTION for a bill of particulars by defendant Ta Tong Marine Co NOTED FOR 4/11/03 (CAR) (Entered: 04/01/2003) |
| 03/28/2003 | 50 | MOTION 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) |
| 03/28/2003 | 51 | MTN 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) |
| 03/28/2003 | 52 | MTN 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) |
| 03/28/2003 | 53 | MTN 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) |
| 03/28/2003 | 54 | MTN 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) |
| 03/28/2003 | 55 | MOTION to strike surplusage from the indictment by defendant Ta Tong Marine Co NOTED FOR 4/11/03 (CAR) (Entered: 04/01/2003) |
| 03/28/2003 | 56 | AFFIDAVIT 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) |
| 03/28/2003 | 57 | MOTION 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) | |
| 04/02/2003 | 58 | STIPULATION 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) | |
| 04/04/2003 | 59 | STIPULATION 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) |
| 04/09/2003 | 60 | NOTICE 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) |
| 04/14/2003 | 61 | MINUTES 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) | |
| 04/14/2003 | 62 | PLEA AGREEMENT as to Ta Tong Marine Co (CAR) (Entered: 04/15/2003) |
| 04/14/2003 | 63 | CONSENT TO RULE 11 PLEA in a felony case by Ta Tong Marine Co (CAR) (Entered: 04/15/2003) |
| 04/14/2003 | 64 | 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) | |
| 04/15/2003 | 65 | ORDER 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) |
| 04/15/2003 | 66 | TRANSCRIPT 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) |
| 04/15/2003 | 67 | ORIGINAL 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) |
| 05/19/2003 | 68 | MINUTE 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) |
| 06/24/2003 | 74 | NOTICE by United States of America as to Environment Management System/Compliance Program by Ta Tong Marine Co Ltd (CAR, ) (Entered: 06/27/2003) |
| 07/03/2003 | 75 | MOTION 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) |
| 07/07/2003 | 76 | NOTICE TO FILER OF DEFICIENCES IN ELECTRONICALLY FILED DOCUMENTS by Clerk re: e 75 Memorandum/should be a motion (CAR, ) (Entered: 07/07/2003) |
| 07/14/2003 | 77 | SENTENCING MEMORANDUM by United States of America as to Ta Tong Marine Co Ltd (Chutkow, Mark) (Entered: 07/14/2003) |
| 07/14/2003 | 78 | SENTENCING MEMORANDUM by Ta Tong Marine Co Ltd (CAR, ) Additional attachment(s) added on 7/16/2003 (CAR, ). (Entered: 07/16/2003) |
| 07/17/2003 | 82 | Letter from State of WA, Dept of Ecology regarding community service projects as to defendant Ta Tong Marine Co Ltd (DK, ) (Entered: 07/21/2003) |
| 07/18/2003 | 79 | 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) |
| 07/18/2003 | 80 | JUDGMENT as to Ta Tong Marine Co Ltd signed by Judge Jack E. Tanner. (EW, ) (Entered: 07/21/2003) |
| 07/18/2003 | 81 | Letter from West Coast Marine Cleaning Inc regarding Sludge Removal as to defendant Ta Tong Marine Co Ltd (EW, ) (Entered: 07/21/2003) |
| 07/22/2003 | 83 | TRANSCRIPT 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) |
| 01/23/2004 | 85 | Satisfaction of Monetary Imposition as to defendant Ta Tong Marine Co Ltd. (Bartlett, Anastasia) (Entered: 01/23/2004) |