CLOSED


UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA (Southern Division - Santa Ana)
CRIMINAL DOCKET FOR CASE #: 8:04-cr-00282-JVS-1


Case title: USA v. Triple H Food Proc, et al

Date Filed: 10/28/2004
Date Terminated: 02/07/2005

Assigned to: Judge James V. Selna

Defendant (1)
Triple H Food Processors Inc
TERMINATED: 02/07/2005
represented byMarc R Greenberg
Keesal Young & Logan
400 Oceangate
P O Box 1730
Long Beach, CA 90801-1730
562-436-2000
Fax: 562-436-7416
Email: marc.greenberg@kyl.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Marcellus A McRae
Gibson Dunn & Crutcher
333 South Grand Avenue, 45th Floor
Los Angeles, CA 90071-3197
213-229-7675
Email: mmcrae@gibsondunn.com
TERMINATED: 02/23/2005
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
33:1317(d), 1319(c)(2)(A) KNOWING DISCHARGE OF A POLLUTANT INTO PUBLICLY OWNED TREATMENT WORKS
(1)
Probation for a term of three years on counts 1 and 2 under terms and conditions of the United States Probation Office and General Order 318 and 01-05. Fine of $750,000. Special assessment of $800. Restitution of $11,810.72.
33:1319(c)(2)(A) KNOWING VIOLATION OF A PRETREATMENT PROGRAM
(2)
Probation for a term of three years on counts 1 and 2 under terms and conditions of the United States Probation Office and General Order 318 and 01-05. Fine of $750,000. Special assessment of $800. Restitution of $11,810.72.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byDouglas F McCormick
AUSA - Office of US Attorney
Criminal Division - US Courthouse
411 West 4th Street Suite 8000
Santa Ana, CA 92701-4599
714-338-3500
Fax: 714-338-3708
Email: USACAC.SACriminal@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Richard J Cutler
AUSA - Office of US Attorney
Asset Forfeiture Section
411 W 4th St, Ste 8000
Santa Ana, CA 92701-4599
714-338-3500
Email: USACAC.SACriminal@usdoj.gov
TERMINATED: 05/02/2007
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
10/28/2004INFORMATION filed against Triple H Food Processors Inc (1) count(s) 1, 2, Richard Joseph Harris (2) count(s) 3 Offense occurred in OC RV. (mt) (Entered: 10/28/2004)
10/28/2004CASE SUMMARY filed by AUSA Richard J Cutler, attorney for USA, as to Triple H Food Processors Inc. (mt) (Entered: 10/28/2004)
10/28/2004MEMORANDUM filed by USA as to Triple H Food Processors Inc, Richard Joseph Harris seeking authority for an Information and being filed on 10/27/04, does not relate, a mtr pending in the Narcotic Section of the US Atty's Ofc before 7/17/01, the date on which Magistrate Judge Patrick J. Walsh resigned his appt in that ofc; or was personally involved or on which he was personally consulted while employed in the US Atty's Ofc. (mt) (Entered: 10/28/2004)
10/28/2004MEMORANDUM filed by USA as to Triple H Food Processors, Richard Joseph Harris seeking authority for an Information and being filed on 10/28/04, does not relate to, a mtr pending in the Major Frauds Section of the US Atty's Ofc before 6/30/01, the date on which Magistrate Judge Jennifer T. Lum resigned her appt in that ofc; or was personally involved or on which she was personally consulted while employed in the US Atty's Ofc. (mt) (Entered: 10/28/2004)
10/28/2004MEMORANDUM filed by USA as to Triple H Food Proc, Richard Joseph Harris seeking authority for an Information action and being filed on 10/27/04, does not relate to, a mtr pending in the Organized Crime Section of the US Atty's Ofc before 9/29/00, the date on which Magistrate Judge Stephen G. Larson resigned his appt in that ofc; or was personally involved or on which he was personally consulted while employed in the US Atty's Ofc. (mt) (Entered: 10/28/2004)
10/28/2004MEMORANDUM filed by USA as to Triple H Food Processors, Richard Joseph Harris seeking authority for an Information and being filed on 10/27/04, does not relate to, a mtr pending in the Narcotic Section of the US Atty's Ofc before April 20, 1999, the date on which Magistrate Judge Jeffrey W. Johnson resigned his appt in that ofc; or was personally involved or on which he was personally consulted while employed in the US Atty's Ofc. (mt) (Entered: 10/28/2004)
10/28/2004MEMORANDUM filed by USA as to Triple H Food Processors, Richard Joseph Harris. This criminal action, being filed on 10/27/04, was not pending in the U.S. Attorney's Office before 12/22/98, the date on which U.S. District Judge Nora M. Manella began receiving criminal matters. (mt) (Entered: 10/28/2004)
10/28/2004MEMORANDUM filed by USA as to Triple H Food Processors, Richard Joseph Harris. This criminal action, being filed on 10/27/04, was not pending in the U.S. Attorney's Office before 11/2/92, the date on which U.S. District Judge Lourdes G. Baird began receiving criminal matters. (mt) (Entered: 10/28/2004)
10/28/200410 PLEA AGREEMENT filed by USA as to Triple H Food Processors Inc (mt) (Entered: 10/28/2004)
10/28/2004  SUMMONS issued as to Triple H Food Processors Inc c/o Marcellus A McRae (mt) (Entered: 10/29/2004)
11/04/200412 SUMMONS executed upon Triple H Food Proc on 11/1/04. (tso) (Entered: 11/05/2004)
11/08/200414 WAIVER OF INDICTMENT filed as to Triple H Food Processors. Approved by Magistrate Judge Arthur Nakazato. (mt) (Entered: 11/10/2004)
11/08/200415 STATEMENT OF DEFENDANT'S CONSTITUTIONAL RIGHTS filed as to Triple H Food Processors. (mt) (Entered: 11/10/2004)
11/08/200416 DESIGNATION AND APPEARANCE of Attorney for Triple H Food Processors by Marcellus A McRae (mt) (Entered: 11/10/2004)
11/08/200420MINUTES OF POST-INDICTMENT ARRAIGNMENT HEARING held before Magistrate Judge Arthur Nakazato as to Triple H Food Processors Inc, Richard Joseph Harris: Reassigning case to Judge James V. Selna . Triple H Food Processors Inc (1) count(s) 1, 2, Richard Joseph Harris (2) count(s) 3 arraigned and state true name as charged. Retained Attorney Marcellus A McRae present. First appearance of Triple H Food Processors Inc, Richard Joseph Harris entered. Plea not guilty entered by Triple H Food Processors Inc (1) count(s) 1, 2, Richard Joseph Harris (2) count(s) 3 . Bail set in the amount of $5,000.00 Unsecured Appearance Bond. Court orders defendant to report to the US Marshal's Office forthwith for processing. Richard Joseph Harris appears and enters a plea on behalf of Triple H Food Processors Inc. Conditions of release include PSA Supervision. Judge's Order issued. Jury trial set for 8:30am on 1/4/05. Defendant and his/her counsel are ordered to appear. Status Conference set for 9:00am on 12/27/04. Tape No.: SA04-24 (mt) (Entered: 11/10/2004)
11/17/200424MINUTES OF CHANGE OF PLEA HEARING held before Judge James V. Selna as to Triple H Food Proc: Defendant moves to change plea to the Indictment. Order Motion granted. Plea of guilty entered by Triple H Food Proc (1) count(s) 1, 2. The Court questions the defendant regarding plea of guilty and finds it knowledgeable and voluntary and orders the plea accepted and entered. Sentencing set for 9:00 a.m. on 01/24/05. The Court questions Mr. Harris regarding any corporate resolution regarding the plea. Corporate counsel, William Szczepanick, is present and represents that a resolution has been passed. The Court orders counsel to file the corporations resolution regaring the pleas this afternoon. The Court acceptance of this plea is conditioned upon the corporate resolution being filed by this afternoon; the Court's acceptance of the sentence agreed to in the plea agreement; and the acceptance of the plea and sentence agreed to for the co-defendant. C/R: Katherine Jones (tso) (Entered: 11/19/2004)
11/19/200425ORDER DIRECTING FURTHER FILING RE: CORPORATE RESOLUTION by Judge James V. Selna as to Triple H Food Proc: As directed by the Court at the 11/16/04 plea hearing, defendant Triple H Food Processors, Inc ("Tripple H") has filed with the Court a copy of an 10/26/04 Borad resolution authorizing Triple H by and through its President or Vice President to enter into the plea agreement which was filed in this matter on 10/28/04. Upon review, the Court finds that the content of the resolution satisfactory. However, the Court believes that Triple H should have filed either a duplicate original or a copy with an original certification by the corporate secretary that the copy is true and correct. Triple H is directed to do so promptly. C/R: Not Present (tso) (Entered: 11/19/2004)
01/24/200528STIPULATION AND ORDER filed by Judge James V. Selna as to Triple H Food Proc, Richard Joseph Harris: Setencing continued to 9:00 a.m. on 02/07/05. (tso) (Entered: 01/24/2005)
01/31/200529 SENTENCING POSITION PAPER filed by USA as to Triple H Food Proc, Richard Joseph Harris. (tso) (Entered: 02/01/2005)
02/02/200530 SENTENCING MEMORANDUM filed by Triple H Food Proc, Richard Joseph Harris. (tso) (Entered: 02/04/2005)
02/07/200531MINUTES OF SENTENCING held before Judge James V. Selna as to Triple H Food Proc (1) count(s) 1, 2. Probation for a term of three years on counts 1 and 2 under terms and conditions of the United States Probation Office and General Order 318 and 01-05. Fine of $750,000. Special assessment of $800. Restitution of $11,810.72. C/R: Katherine Jones (tso) Modified on 02/09/2005 (Entered: 02/09/2005)
02/07/200535MINUTES OF MEMORANDUM RE SENTENCING HEARING held before Judge James V. Selna as to Triple H Food Proc. C/R: Katherine Jones (tso) (Entered: 02/10/2005)
02/08/200532JUDGMENT AND COMMITMENT issued to U.S. Marshal for Triple H Food Proc. Approved by Judge James V. Selna. Entered on: 02/09/05. (tso) (Entered: 02/09/2005)
02/23/200537STIPULATION AND ORDER filed by Judge James V. Selna as to Triple H Food Proc, Richard Joseph Harris : withdrawl of Gibson, Dunn & Crutcher LLP as counsel of record for Richard Joseph Harris, for Triple H Food Proc. Retained attorney Marc R Greenberg of Kessal Young & Logan will continue to serve as counsel of record for both Richard Harris and Triple H Food Processors, Inc. (ca) (Entered: 03/03/2005)
05/06/200539 SATISFACTION OF JUDGMENT [32-1] filed by USA as to Triple H Food Proc (mt) (Entered: 05/09/2005)
10/31/200540 RECEIPT for Transcripts of proceedings held on: 2/7/05. C/R: Pat Cuneo for KJ. (sb) (Entered: 11/01/2005)
10/31/200541 TRANSCRIPT filed for proceedings held on 2/7/05 as to Triple H Food Proc, Richard Joseph Harris. (sb) (Entered: 11/01/2005)
11/16/200642 TRANSCRIPT DESIGNATION filed by Defendant Triple H Food Processors Inc, Richard Joseph Harris for transcript of 02/07/05. (cbr, ) (Entered: 11/21/2006)
04/20/200743NOTICE OF MOTION AND MOTION for Early Termination of Probation Filed by Defendant Triple H Food Processors Inc (Greenberg, Marc) (Entered: 04/20/2007)
04/20/200744NOTICE OF MOTION AND MOTION for Early Termination of Probation Filed by Defendant Triple H Food Processors Inc (Attachments: # 1 Proposed Order re Motion for Early Termination)(Greenberg, Marc) (Entered: 04/20/2007)
04/20/200745DECLARATION of Richard Joseph Harris re MOTION for Early Termination of Probation 1 Exhibit A-B re Richard Harris Decl)(Greenberg, Marc) (Entered: 04/20/2007)
04/23/200746MINUTES OF IN CHAMBERS ORDER by Judge James V. Selna: Courts sets MOTION for Early Termination of Probation 43 for hearing on 5/14/2007 at 09:30 AM before Judge James V. Selna. Government shall file response on or before 05/02/07. Triple H may file reply on or before 05/09/07. Court Reporter: not present. (ln, ) (Entered: 04/24/2007)
05/01/200747OPPOSITION to MOTION for Early Termination of Probation 44 (McCormick, Douglas) (Entered: 05/01/2007)
05/02/200748NOTICE OF APPEARANCE OR REASSIGNMENT of AUSA Douglas F McCormick on behalf of Plaintiff USA. Filed by Plaintiff USA. (McCormick, Douglas) (Entered: 05/02/2007)
05/09/200749REPLY MOTION for Early Termination of Probation 1 Declaration Decl. of Evelyn Christensen re Reply to Motion for Early Termination of Probation)(Greenberg, Marc) (Entered: 05/09/2007)
05/14/200750MINUTES OF Motion Hearing held before Judge James V. Selna as to Defendants Triple H Food Processors Inc, Richard Joseph Harris. Court DENIES in PART and GRANTS in PART defendants MOTION for Early Termination of Probation 44 in accordance with tentative ruling. Court Reporter: Sharon Seffens. (ln, ) (Entered: 05/31/2007)
05/06/200851 STIPULATION to Dismiss Case (Compliance with Terms and Conditions of Probation - Satisfaction of Judgment) filed by Plaintiff Triple H Food Processors Inc as to Defendant Triple H Food Processors Inc, Richard Joseph Harris (Attachments: # 1 Proposed Order Re Stipulation as to Compliance with Terms and Conditions of Probation (Satisfaction of Judgment))(Greenberg, Marc) (Entered: 05/06/2008)
05/07/200852ORDER by Judge James V. Selna as to Defendant Triple H Food Processors Inc, re Stipulation as to compliance with terms and conditions of probation (satisfaction of judgment) 51 . (mt) (Entered: 05/08/2008)