APPEAL, COMPLEX, PASPRT


UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA (Western Division - Los Angeles)
CRIMINAL DOCKET FOR CASE #: 2:07-cr-00449-PSG All Defendants


Case title: USA v. Virginia Star Seafood Corporation et al

Date Filed: 05/24/2007

Assigned to: Judge Philip S. Gutierrez

Defendant (1)
Virginia Star Seafood Corporation represented byJeffrey H Rutherford
Crowell and Moring LLP
515 South Flower Street 40th Floor
Los Angeles, CA 90071
213-622-4750
Fax: 213-622-2690
Email: jrutherford@crowell.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Thomas Anthony Durkin
Durkin and Roberts
53 West Jackson Road Suite 615
Chicago, IL 60604
312-913-9300
Email: tdurkin@durkinroberts.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Jennifer J Uyeda
Federal Public Defenders Office
321 East 2nd Street
Los Angeles, CA 90012
213-894-7524
Fax: 213-894-0081
Email: Jennifer_Uyeda@fd.org
ATTORNEY TO BE NOTICED

Lawrence E Alberg
Durkin and Roberts
53 West Jackson Boulevard Suite 615
Chicago, IL 60604
312-981-0132
TERMINATED: 03/05/2009

Pending Counts

Disposition
18:371 CONSPIRACRY
(1)
16:3372(d), 3373(d)(3)(A); 2(b) FALSE LABELING; CAUSING AN ACT TO BE DONE
(2)
16:3372(d), 3373(d)(3)(A); 2(b) FALSE LABELING; CAUSING AN ACTO TO BE DONE
(5-6)
18:542, 2(b) FALSE ENTRY DECLARTION; CAUSING AN ACT TO BE DONE
(7)
18:542, 2(b) FALSE ENTRY DECLARTION; CAUSING AN ACT TO BE DONE
(10-11)
18:545; 2(b) IMPORTATION CONTRARY TO LAW; CAUSING AN ACT TO BE DONE
(12)
18:545; 2(b) IMPORTATION CONTRARY TO LAW; CAUSING AN ACT TO BE DONE
(15-16)
18:545; 2(b) IMPORTATION CONTRARY TO LAW; CAUSING AN ACT TO BE DONE
(18)
18:545; 2(b) IMPORTATION CONTRARY TO LAW; CAUSING AN ACT TO BE DONE
(20)
18:545; 2(b) TRAFFICKING IN ILLEGALLY IMPORTED MERCHANDISE; CAUSING AN ACT TO BE DONE
(22)
18:545; 2(b) TRAFFICKING IN ILLEGALLY IMPORTED MERCHANDISE; CAUSING AN ACT TO BE DONE
(24)
18:545; 2(b) TRAFFICKING IN ILLEGALLY IMPORTED MERCHANDISE; CAUSING AN ACT TO BE DONE
(26)
16:1540(e)(4)(A),(5); 18:981(a)(1)(C), 982(a)(2)(B), (b)(1)) FORFEITURE OF ILLEGALLY IMPORTED AND FALSELY LABELED FISH
(27)

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Judge Philip S. Gutierrez

Defendant (2)
International Sea Products Corporation represented byJeffrey H Rutherford
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:371 CONSPIRACRY
(1)
16:3372(d)(3)A); 2(b) FALSE LABELING; CAUSING AN ACT TO BE DONE
(3)
16:3372(d), 3373(d)(3)(A); 2(b) FALSE LABELING; CAUSING AN ACTO TO BE DONE
(4)
18:542, 2(b) FALSE ENTRY DECLARTION; CAUSING AN ACT TO BE DONE
(8-9)
18:545; 2(b) IMPORTATION CONTRARY TO LAW; CAUSING AN ACT TO BE DONE
(13-14)
18:545; 2(b) IMPORTATION CONTRARY TO LAW; CAUSING AN ACT TO BE DONE
(17)
18:545; 2(b) IMPORTATION CONTRARY TO LAW; CAUSING AN ACT TO BE DONE
(19)
18:545; 2(b) TRAFFICKING IN ILLEGALLY IMPORTED MERCHANDISE; CAUSING AN ACT TO BE DONE
(26)
16:1540(e)(4)(A),(5); 18:981(a)(1)(C), 982(a)(2)(B), (b)(1)) FORFEITURE OF ILLEGALLY IMPORTED AND FALSELY LABELED FISH
(27)

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Judge Philip S. Gutierrez

Defendant (3)
Silver Seas Company

Pending Counts

Disposition
18:371 CONSPIRACRY
(1)
18:545; 2(b) TRAFFICKING IN ILLEGALLY IMPORTED MERCHANDISE; CAUSING AN ACT TO BE DONE
(25)
16:1540(e)(4)(A),(5); 18:981(a)(1)(C), 982(a)(2)(B), (b)(1)) FORFEITURE OF ILLEGALLY IMPORTED AND FALSELY LABELED FISH
(27)

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Judge Philip S. Gutierrez

Defendant (4)
Blue Ocean Seafood Corporation

Pending Counts

Disposition
18:371 CONSPIRACRY
(1)
18:545; 2(b) TRAFFICKING IN ILLEGALLY IMPORTED MERCHANDISE; CAUSING AN ACT TO BE DONE
(21)
18:545; 2(b) TRAFFICKING IN ILLEGALLY IMPORTED MERCHANDISE; CAUSING AN ACT TO BE DONE
(23)
16:1540(e)(4)(A),(5); 18:981(a)(1)(C), 982(a)(2)(B), (b)(1)) FORFEITURE OF ILLEGALLY IMPORTED AND FALSELY LABELED FISH
(27)

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Judge Philip S. Gutierrez

Defendant (5)
Nhan Huhn Dat Nguyen
also known as
Henry, -

Pending Counts

Disposition
18:371 CONSPIRACRY
(1)
18:542, 2(b) FALSE ENTRY DECLARTION; CAUSING AN ACT TO BE DONE
(7-11)
18:545; 2(b) TRAFFICKING IN ILLEGALLY IMPORTED MERCHANDISE; CAUSING AN ACT TO BE DONE
(21)
18:545; 2(b) TRAFFICKING IN ILLEGALLY IMPORTED MERCHANDISE; CAUSING AN ACT TO BE DONE
(26)
16:1540(e)(4)(A),(5); 18:981(a)(1)(C), 982(a)(2)(B), (b)(1)) FORFEITURE OF ILLEGALLY IMPORTED AND FALSELY LABELED FISH
(27)

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Judge Philip S. Gutierrez
Appeals court case numbers: '09-50265' '9TH CCA', 12-50080 9th CCA

Defendant (6)
Peter Xuong Lam
TERMINATED: 05/21/2009
also known as
Kiet
TERMINATED: 05/21/2009
represented byJames H Locklin
Federal Public Defenders Office
321 East 2nd Street
Los Angeles, CA 90012-4206
213-894-2854
Fax: 213-894-0081
Email: zzCAC_FPD_Document_Receiving@fd.org
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Public Defender or Community Defender Appointment

Jennifer J Uyeda
Federal Public Defenders Office
321 East 2nd Street
Los Angeles, CA 90012
213-894-2854
Fax: 213-894-0081
Email: Jennifer_Uyeda@fd.org
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Public Defender or Community Defender Appointment

Jeffrey H Rutherford
(See above for address)
TERMINATED: 06/26/2009
Designation: Retained

L Barrett Boss
Cozen O'Connor
The Army and Navey Building
1627 I Street NW Suite 1100
Washington, DC 20006
202-912-4818
Fax: 866-413-0172
Email: bboss@cozen.com
TERMINATED: 06/26/2009

Pending Counts

Disposition
18:371 CONSPIRACRY
(1r)
Defendant is committed to the custody of the Bureau of Prisons for 41 months months on each of Counts 1, 2, 3, and 4 of the Indictment, to be served concurrently with each other, under the terms and conditions of the U.S. Probation Office and General Order 318. Special assessment of $400. All fines waived.
18:545; 2(b) TRAFFICKING IN ILLEGALLY IMPORTED MERCHANDISE; CAUSING AN ACT TO BE DONE
(2r)
Defendant is committed to the custody of the Bureau of Prisons for 41 months months on each of Counts 1, 2, 3, and 4 of the Indictment, to be served concurrently with each other, under the terms and conditions of the U.S. Probation Office and General Order 318. Special assessment of $400. All fines waived.
18:545; 2(b) TRAFFICKING IN ILLEGALLY IMPORTED MERCHANDISE; CAUSING AN ACT TO BE DONE
(3r)
Defendant is committed to the custody of the Bureau of Prisons for 41 months months on each of Counts 1, 2, 3, and 4 of the Indictment, to be served concurrently with each other, under the terms and conditions of the U.S. Probation Office and General Order 318. Special assessment of $400. All fines waived.
18:545; 2(b) TRAFFICKING IN ILLEGALLY IMPORTED MERCHANDISE; CAUSING AN ACT TO BE DONE
(4r)
Defendant is committed to the custody of the Bureau of Prisons for 41 months months on each of Counts 1, 2, 3, and 4 of the Indictment, to be served concurrently with each other, under the terms and conditions of the U.S. Probation Office and General Order 318. Special assessment of $400. All fines waived.
16:1540(e)(4)(A),(5); 18:981(a)(1)(C), 982(a)(2)(B), (b)(1)) FORFEITURE OF ILLEGALLY IMPORTED AND FALSELY LABELED FISH
(27)

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Judge Philip S. Gutierrez

Defendant (7)
Arthur Yavelburg
TERMINATED: 05/21/2009
represented byJudith Wheat
1050 Seventeenth Street NW
Suite 600
Washington, DC 20036
202-496-4963
Email: judithwheat@griffithwheatlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Nina Marino
Kaplan Marino
9454 Wilshire Boulevard Suite 500
Beverly Hills, CA 90212
310-557-0007
Fax: 310-275-4651
Email: marino@kaplanmarino.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Nicole Patrice Eiland
Kaplan Marino
9454 Wilshire Boulevard, Suite 500
Beverly Hills, CA 90212
310-557-0007
TERMINATED: 09/10/2007

Pending Counts

Disposition
18:371 CONSPIRACRY
(1r)
Defendant is placed on probation for a term of one (1) year on Count 1 of the Redacted Indictment, under the terms and conditions of the US Probation Office and General Order 318. Defendant shall pay to the United States a special assessment of $25. All fines are waived. Advised of right to appeal.
16:1540(e)(4)(A),(5); 18:981(a)(1)(C), 982(a)(2)(B), (b)(1)) FORFEITURE OF ILLEGALLY IMPORTED AND FALSELY LABELED FISH
(27)

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:545; 2(b) TRAFFICKING IN ILLEGALLY IMPORTED MERCHANDISE; CAUSING AN ACT TO BE DONE
(5r)

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge Philip S. Gutierrez

Defendant (8)
Cantho Animal Fishery Products Processing Enterprise
also known as
Cafatex

Pending Counts

Disposition
18:371 CONSPIRACRY
(1)
16:1540(e)(4)(A),(5); 18:981(a)(1)(C), 982(a)(2)(B), (b)(1)) FORFEITURE OF ILLEGALLY IMPORTED AND FALSELY LABELED FISH
(27)

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Judge Philip S. Gutierrez

Defendant (9)
Anhaco

Pending Counts

Disposition
18:371 CONSPIRACRY
(1)
16:3372(d), 3373(d)(3)(A); 2(b) FALSE LABELING; CAUSING AN ACTO TO BE DONE
(4-5)
18:542, 2(b) FALSE ENTRY DECLARTION; CAUSING AN ACT TO BE DONE
(9-10)
18:545; 2(b) IMPORTATION CONTRARY TO LAW; CAUSING AN ACT TO BE DONE
(14-20)
16:1540(e)(4)(A),(5); 18:981(a)(1)(C), 982(a)(2)(B), (b)(1)) FORFEITURE OF ILLEGALLY IMPORTED AND FALSELY LABELED FISH
(27)

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Judge Philip S. Gutierrez

Defendant (10)
An Giang Argricultural Technology Service Company
also known as
Antesco

Pending Counts

Disposition
18:371 CONSPIRACRY
(1)
16:3372(d), 3373(d)(3)(A); 2(b) FALSE LABELING; CAUSING AN ACT TO BE DONE
(2)
16:3372(d)(3)A); 2(b) FALSE LABELING; CAUSING AN ACT TO BE DONE
(3)
18:542, 2(b) FALSE ENTRY DECLARTION; CAUSING AN ACT TO BE DONE
(7-8)
18:545; 2(b) IMPORTATION CONTRARY TO LAW; CAUSING AN ACT TO BE DONE
(12-13)
16:1540(e)(4)(A),(5); 18:981(a)(1)(C), 982(a)(2)(B), (b)(1)) FORFEITURE OF ILLEGALLY IMPORTED AND FALSELY LABELED FISH
(27)

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Judge Philip S. Gutierrez

Defendant (11)
Binh Dinh Import Export Company

Pending Counts

Disposition
18:371 CONSPIRACRY
(1)
16:3372(d), 3373(d)(3)(A); 2(b) FALSE LABELING; CAUSING AN ACTO TO BE DONE
(6)
18:542, 2(b) FALSE ENTRY DECLARTION; CAUSING AN ACT TO BE DONE
(11)
16:1540(e)(4)(A),(5); 18:981(a)(1)(C), 982(a)(2)(B), (b)(1)) FORFEITURE OF ILLEGALLY IMPORTED AND FALSELY LABELED FISH
(27)

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Judge Philip S. Gutierrez

Defendant (12)
David S Wong
TERMINATED: 03/17/2009
represented byJanis D Roberts
Durkin and Roberts
53 W. Jackson Boulevard Suite 615
Chicago, IL 60604
312-913-9300
Fax: 312-913-9235
Email: jdroberts@durkinroberts.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Designation: Retained

Roger W Patton
Patton Wolan and Carlise
1814 Franklin Street, Suite 501
Oakland, CA 94612
510-987-7500
Email: rpatton@pwc-law.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Thomas Anthony Durkin
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Lawrence E Alberg
(See above for address)
TERMINATED: 03/05/2009

Pending Counts

Disposition
16:3372(a)(1), 3373(d)(2): WILDLIFE TRAFFICKING
(1s)
Defendant is committed to the custody of the Bureau of Prisons for 12 months and 1 day on each of Counts 1 and 2 of the Second Superseding Information, to be served concurrently. Supervised release for 1 year consisting of 1 year on each of Counts 1 and 2, all such terms to run concurrently, under the terms and conditions of the U.S. Probation Office and General Order 318. Special assessment of $50. Fine of $25,000. Defendant shall comply with General Order 01-05.
16:3372(a)(1), 3373(d)(2): WILDLIFE TRAFFICKING
(2s)
Defendant is committed to the custody of the Bureau of Prisons for 12 months and 1 day on each of Counts 1 and 2 of the Second Superseding Information, to be served concurrently. Supervised release for 1 year consisting of 1 year on each of Counts 1 and 2, all such terms to run concurrently, under the terms and conditions of the U.S. Probation Office and General Order 318. Special assessment of $50. Fine of $25,000. Defendant shall comply with General Order 01-05.

Highest Offense Level (Opening)
Misdemeanor

Terminated Counts

Disposition
18:371 CONSPIRACRY
(1)
On Government's motion, all remaining counts in the underlying complaint are Ordered dismissed.
18:545; 2(b) TRAFFICKING IN ILLEGALLY IMPORTED MERCHANDISE; CAUSING AN ACT TO BE DONE
(22-23)
On Government's motion, all remaining counts in the underlying complaint are Ordered dismissed.
16:1540(e)(4)(A),(5); 18:981(a)(1)(C), 982(a)(2)(B), (b)(1)) FORFEITURE OF ILLEGALLY IMPORTED AND FALSELY LABELED FISH
(27)
On Government's motion, all remaining counts in the underlying complaint are Ordered dismissed.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge Philip S. Gutierrez

Defendant (13)
True World Foods Inc. represented byElliot G Sagor
HoganLovells US LLP
875 Third Avenue
New York, NY 10022
212-918-3000
Fax: 212-918-3100
Email: elliot.sagor@hoganlovells.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Designation: Retained

Adam P Zaffos
Hogan and Hartson LLP
1999 Avenue of the Stars Suite 1400
Los Angeles, CA 90067
310-785-4756
Email: azaffos@roll.com
ATTORNEY TO BE NOTICED

Pending Counts

Disposition
None

Highest Offense Level (Opening)
None

Terminated Counts

Disposition
18:371 CONSPIRACRY
(1)
On government's motion, all count(s) ordered dismissed
18:545; 2(b) TRAFFICKING IN ILLEGALLY IMPORTED MERCHANDISE; CAUSING AN ACT TO BE DONE
(22-23)
On government's motion, all count(s) ordered dismissed
16:1540(e)(4)(A),(5); 18:981(a)(1)(C), 982(a)(2)(B), (b)(1)) FORFEITURE OF ILLEGALLY IMPORTED AND FALSELY LABELED FISH
(27)
On government's motion, all count(s) ordered dismissed

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge Philip S. Gutierrez

Defendant (14)
Tai Wai David Chu
TERMINATED: 01/06/2009
represented byBarbara B Nguyen
Gwenn Law Group
12832 Garden Grove Boulevard, Suite 230
Garden Grove, CA 92843
714-590-9325
Email: bbnguyen@gwennlaw.com
TERMINATED: 02/08/2012
LEAD ATTORNEY
Designation: Retained

Eric M Sasahara
Eric M Sasahara Law Offices
14260 Chino Hills Parkway Suite 130
Chino Hills, CA 91709
909-597-0825
Fax: 909-494-7740
Email: emsasahara@yahoo.com
ATTORNEY TO BE NOTICED

Pending Counts

Disposition
21:331(c), 333(c)(2), 343(a)(1) RECEIPT OF MISBRANDED FOOD IN INTERSTATE COMMERCE AND DELIVERY AND PROFFERED DELIVERY THEREOF FOR PAY
(1s)
Probation for 2 years on Count 1 of the Third Superseding Information under the terms and conditions of the U.S. Probation Office and General Order 318. Special assessment of $100. Fine of $3,000. Defendant shall comply with General Order No. 01-05.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:371 CONSPIRACRY
(1)
On Government's motion, all remaining counts, and any underlying Indictment and/or Information are Ordered dismissed as to this defendant only.
16:1540(e)(4)(A),(5); 18:981(a)(1)(C), 982(a)(2)(B), (b)(1)) FORFEITURE OF ILLEGALLY IMPORTED AND FALSELY LABELED FISH
(27)
On Government's motion, all remaining counts, and any underlying Indictment and/or Information are Ordered dismissed as to this defendant only.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge Philip S. Gutierrez

Defendant (15)
Dakon International
TERMINATED: 01/06/2009
represented byBarbara B Nguyen
Gwenn Law Group
12832 Garden Grove Boulevard, Suite 230
Garden Grove, CA 92843
714-590-9325
TERMINATED: 02/08/2012
LEAD ATTORNEY
Designation: Retained

Pending Counts

Disposition
18:545 TRAFFICKING IN ILLEGALLY IMPORTED MERCHANDISE
(2s)
Probation for 2 years on Count 2 of the Third Superseding Information under the terms and conditions of the U.S. Probation Office and General Order 318. Special assessment of $400. Fine of $100,000. Defendant shall comply with General Order No. 01-05.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:371 CONSPIRACRY
(1)
On Government's motion, all remaining counts, any underlying Indictment and/or Information pertaining to this defendant only are Ordered dismissed.
16:1540(e)(4)(A),(5); 18:981(a)(1)(C), 982(a)(2)(B), (b)(1)) FORFEITURE OF ILLEGALLY IMPORTED AND FALSELY LABELED FISH
(27)
On Government's motion, all remaining counts, any underlying Indictment and/or Information pertaining to this defendant only are Ordered dismissed.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge Philip S. Gutierrez

Defendant (16)
Henry C.D. Yip
TERMINATED: 03/31/2009
represented byRoger W Patton
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Thomas Anthony Durkin
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:371 CONSPIRACRY
(1)
Government's motion, underlying indictment, ordered dismissed.
21:331(c), 333(c)(2), and 343(a)(1)RECEIPT OF MISBRANDED FOOD IN INTERSTATE COMMERCE AND DELIVERY AND PROFFERED DELIVERY THEREOF FOR PAY
(1s)
Defendant placed on probation for a term of 1 year. It is ordered that the defendant shall pay to the United States a total fine of $40,000, which shall bear interest as provided by law. Special assessment of $100. The fine shall be paid within 30 days from the entry of judgment to the Magnuson-Stevens NOAA Fisheries Enforcement Fund. The defendant shall comply with General Order No. 01-05. The defendant shall comply with the rules and regulations of the Probation Office and General Order 318. The Court orders defendant's passport to be release to the defendant.
18:545; 2(b) TRAFFICKING IN ILLEGALLY IMPORTED MERCHANDISE; CAUSING AN ACT TO BE DONE
(21)
Government's motion, underlying indictment, ordered dismissed.
16:1540(e)(4)(A),(5); 18:981(a)(1)(C), 982(a)(2)(B), (b)(1)) FORFEITURE OF ILLEGALLY IMPORTED AND FALSELY LABELED FISH
(27)
Government's motion, underlying indictment, ordered dismissed.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Judge Philip S. Gutierrez

Defendant (17)
T.P. Company
TERMINATED: 03/31/2009
represented byRoger W Patton
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:545; 2(b) TRAFFICKING IN ILLEGALLY IMPORTED MERCHANDISE; CAUSING AN ACT TO BE DONE
(21)
Defendant placed on probation for a term of 1 year. It is ordered that the defendant shall pay to the United States a special assessment of $400, which is due immediately to the Clerk of Court. It is ordered that the defendant shall pay to the United States a total fine of $150,000 to the Magnuson-Stevens NOAA Fisheries Enforcement Fund. The defendant shall comply with General Order 01-05. The defendant shall comply with the rules and regulations of the Probation Office and General Order 318.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:371 CONSPIRACRY
(1)
On Government's motion, the underlying indictment, is ordered dismissed.
16:1540(e)(4)(A),(5); 18:981(a)(1)(C), 982(a)(2)(B), (b)(1)) FORFEITURE OF ILLEGALLY IMPORTED AND FALSELY LABELED FISH
(27)
On Government's motion, the underlying indictment, is ordered dismissed.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byElinor Colbourn
US Department of Justice
Environment & Natural Resources Division
601 D Street NW
Washington, DC 20004
202-305-0205
Fax: 202-305-0397
Email: elinor.colbourn@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Joseph O Johns
AUSA - Office of US Attorney
Criminal Division - US Courthouse
312 North Spring Street 12th Floor
Los Angeles, CA 90012-4700
213-894-2434
Fax: 213-894-4300
Email: USACAC.Criminal@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Sarah J Heidel
AUSA - Office of the US Attorney
312 North Spring Stree 12th Floor
Los Angeles, CA 90012
213-894-2451
Fax: 894-6269
Email: USACAC.Criminal@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
05/24/2007 INDICTMENT Filed as to Virginia Star Seafood Corporation (1) count(s) 1, 2, 5-6, 7, 10-11, 12, 15-16, 18, 20, 22, 24, 26, 27, International Sea Products Corporation (2) count(s) 1, 3, 4, 8-9, 13-14, 17, 19, 26, 27, Silver Seas Company (3) count(s) 1, 25, 27, Blue Ocean Seafood Corporation (4) count(s) 1, 21, 23, 27, Nhan Huhn Dat Nguyen (5) count(s) 1, 7-11, 21, 26, 27, Peter Xuong Lam (6) count(s) 1, 22-24, 27, Arthur Yavelburg (7) count(s) 1, 25, 27, Cantho Animal Fishery Products Processing Enterprise (8) count(s) 1, 27, Anhaco (9) count(s) 1, 4-5, 9-10, 14-20, 27, An Giang Argricultural Technology Service Company (10) count(s) 1, 2, 3, 7-8, 12-13, 27, Binh Dinh Import Export Company (11) count(s) 1, 6, 11, 27, David S Wong (12) count(s) 1, 22-23, 27, True World Foods Inc. (13) count(s) 1, 22-23, 27, Tai Wai David Chu (14) count(s) 1, 27, Dakon International (15) count(s) 1, 27, Henry C.D. Yip (16) count(s) 1, 21, 27, T.P. Company (17) count(s) 1, 21, 27. (es, ) (Entered: 05/25/2007)
05/24/2007CASE SUMMARY filed by AUSA Joseph O. Johns as to Defendant Virginia Star Seafood Corporation (es, ) (Entered: 05/25/2007)
05/24/2007CASE SUMMARY filed by AUSA John O. Johns as to Defendant International Sea Products Corporation (es, ) (Entered: 05/25/2007)
05/24/2007CASE SUMMARY filed by AUSA John O. Johns as to Defendant Silver Seas Company (es, ) (Entered: 05/25/2007)
05/24/2007CASE SUMMARY filed by AUSA John O Johns as to Defendant Blue Ocean Seafood Corporation (es, ) (Entered: 05/25/2007)
05/24/2007CASE SUMMARY filed by AUSA John O. Johns as to Defendant Nhan Huhn Dat Nguyen; defendants Year of Birth: 1980 (es, ) (Entered: 05/25/2007)
05/24/2007CASE SUMMARY filed by AUSA John O. Johns as to Defendant Peter Xuong Lam; defendants Year of Birth: 1959 (es, ) (Entered: 05/25/2007)
05/24/2007CASE SUMMARY filed by AUSA John O. Johns as to Defendant Arthur Yavelburg; defendants Year of Birth: 1945 (es, ) (Entered: 05/25/2007)
05/24/2007CASE SUMMARY filed by AUSA John O. Johns as to Defendant Cantho Animal Fishery Products Processing Enterprise (es, ) (Entered: 05/25/2007)
05/24/200710 CASE SUMMARY filed by AUSA John O. Johns as to Defendant Anhaco (es, ) (Entered: 05/25/2007)
05/24/200711 CASE SUMMARY filed by AUSA John O. Johns as to Defendant An Giang Argricultural Technology Service Company (es, ) (Entered: 05/25/2007)
05/24/200712 CASE SUMMARY filed by AUSA John O. Johns as to Defendant Binh Dinh Import Export Company (es, ) (Entered: 05/25/2007)
05/24/200713 CASE SUMMARY filed by AUSA John O. Johns as to Defendant David S Wong; defendants Year of Birth: 1944 (es, ) (Entered: 05/25/2007)
05/24/200714 CASE SUMMARY filed by AUSA John O. Johns as to Defendant True World Foods Inc. (es, ) (Entered: 05/25/2007)
05/24/200715 CASE SUMMARY filed by AUSA John O. Johns as to Defendant Tai Wai David Chu; defendants Year of Birth: 1954 (es, ) (Entered: 05/25/2007)
05/24/200716 CASE SUMMARY filed by AUSA John O. Johns as to Defendant Dakon International (es, ) (Entered: 05/25/2007)
05/24/200717 CASE SUMMARY filed by AUSA John O. Johns as to Defendant Henry C.D. Yip; defendants Year of Birth: 1940 (es, ) (Entered: 05/25/2007)
05/24/200718 CASE SUMMARY filed by AUSA John O. Johns as to Defendant T.P. Company (es, ) (Entered: 05/25/2007)
05/24/200719 NOTICE OF REQUEST FOR DETENTION filed by Plaintiff USA as to Defendant Nhan Huhn Dat Nguyen (es, ) (Entered: 05/25/2007)
05/24/200720 MEMORANDUM filed by Plaintiff USA as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company is seeking authority for an investigative action, being filed on 5/24/07, does not relate to a matter pending in which Magistrate Judge John Charles Rayburn Jr., Jacqueline Chooljian, Patrick J. Walsh, Jennifer T. Lum and Jeffrey W. Johnson was personally involved or on was personally consulted while employed in the U. S. Attorneys Office. (es, ) (Entered: 05/25/2007)
05/24/200721 MEMORANDUM filed by Plaintiff USA as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company. This criminal action, being filed on 5/24/07, is not pending in the U. S. Attorneys Office before September 29, 2000, the date on which Judge Stephen G. Larson began receiving criminal matters. (es, ) (Entered: 05/25/2007)
05/24/200722 CASE SUMMARY filed by AUSA Joseph Johns as to Defendant Virginia Star Seafood Corporation; defendants Year of Birth: Corporation. (ab, ) (Entered: 05/25/2007)
05/29/200723 NOTICE TO COURT OF COMPLEX CASE filed by Plaintiff USA as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company. (Johns, Joseph) (Entered: 05/29/2007)
06/14/200725 Rule 5(c)(3) Documents Received as to Tai Wai David Chu. (ca) (Entered: 06/19/2007)
06/14/200726 Rule 5(c)(3) Documents Received as to Henry C.D. Yip. (ca) (Entered: 06/19/2007)
06/15/200727 Rule 5(c)(3) Documents Received from USDC District of Chicago at Illinois as to David S Wong (es) (Entered: 06/20/2007)
06/15/200729 APPEARANCE BOND BOND in the amount of $ OWN RECOGNIZANCE received from Northern District of Illinios as to Defendant David S Wong (es) (Entered: 06/21/2007)
06/18/200724 Summons Returned Executed on 6/7/07 as to Dakon International (es) (Entered: 06/19/2007)
06/20/200728 Summons Returned Executed on 6/12/07. as to International Sea Products Corporation. (ab) (Entered: 06/21/2007)
06/28/200730 Summons Returned Executed on 6/21/07. as to Virginia Star Seafood Corporation (es) (Entered: 06/29/2007)
07/03/200731 Summons Returned Executed on June 27. as to Blue Ocean Seafood Corporation (cbr) (Entered: 07/09/2007)
07/09/200733 MINUTES OF POST-INDICTMENT ARRAIGNMENT: held before Magistrate Judge Paul L. Abrams as to Virginia Star Seafood Corporation (1) Count 1,2,5-6,7,10-11,12,15-16,18,20,22,24,26,27 and International Sea Products Corporation (2) Count 1,3,4,8-9,13-14,17,19,26,27 and Silver Seas Company (3) Count 1,25,27 and Blue Ocean Seafood Corporation (4) Count 1,21,23,27 and Nhan Huhn Dat Nguyen (5) Count 1,7-11,21,26,27 and Peter Xuong Lam (6) Count 1,22-24,27 and Arthur Yavelburg (7) Count 1,25,27 and Cantho Animal Fishery Products Processing Enterprise (8) Count 1,27 and Anhaco (9) Count 1,4-5,9-10,14-20,27 and An Giang Argricultural Technology Service Company (10) Count 1,2,3,7-8,12-13,27 and Binh Dinh Import Export Company (11) Count 1,6,11,27 and David S Wong (12) Count 1,22-23,27 and True World Foods Inc. (13) Count 1,22-23,27 and Tai Wai David Chu (14) Count 1,27 and Dakon International (15) Count 1,27 and Henry C.D. Yip (16) Count 1,21,27 and T.P. Company (17) Count 1,21,27. Defendant arraigned, states true name: as charged. Defendant entered not guilty plea to all counts as charged. Attorney: Jeffrey H Rutherford for Virginia Star Seafood Corporation and International Sea Products Corporation, Nina Marino for Arthur Yavelburg, Roger W Patton for David S Wong, Barbara B. nguyen for Tai Wai David Chu and Dakon International, Thomas Anthony Durkin for Henry C.D. Yip, Roger W Patton for T.P. Company, Retained, present. Case assigned to Judge Philip S. Gutierrez. Court orders bail set for Peter Xuong Lam (6) $50,000 unsecured appearance bond and Arthur Yavelburg (7) $50,000.00 unsecured appearance bond, see terms and conditions., (Vietnamese & Cantonese) INTERPRETER Required Jury Trial set for 9/4/2007 09:00 AM before Judge Philip S. Gutierrez. Status Conference set for 8/20/2007 10:00 AM before Judge Philip S. Gutierrez. Defendants, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Date Nguyen, Canthos Animal Fishery Products, Anhaco, An Giang Agricultural Technology, Binh Dinh Import Export Company& True World Foods, Inc., post indictment arraignment is continued to Monday August 6, 2007 at 8:30 a.m.Court Smart: CS 7/09/07. (Attachments: # 1 bond# 2 bond) (mco) (Entered: 07/27/2007)
07/09/200734 STATEMENT OF CONSTITUTIONAL RIGHTS filed by Defendant Virginia Star Seafood Corporation (mco) (Entered: 07/27/2007)
07/09/200735 DESIGNATION AND APPEARANCE OF COUNSEL; filed by Jeffrey H Rutherford appearing for Virginia Star Seafood Corporation (mco) (Entered: 07/27/2007)
07/09/200736 DESIGNATION AND APPEARANCE OF COUNSEL; filed by Jeffrey H Rutherford appearing for International Sea Products Corporation (mco) (Entered: 07/27/2007)
07/09/200737 STATEMENT OF CONSTITUTIONAL RIGHTS filed by Defendant Peter Xuong Lam (mco) (Entered: 07/27/2007)
07/09/200738 DESIGNATION AND APPEARANCE OF COUNSEL; filed by Jeffrey H Rutherford appearing for Peter Xuong Lam (mco) (Entered: 07/27/2007)
07/09/200739 WAIVER of Defendants Presence filed by Defendant Peter Xuong Lam (mco) (Entered: 07/27/2007)
07/09/200740 BOND AND CONDITIONS OF RELEASE filed as to Defendant Peter Xuong Lam conditions of release: $50,000 unsecured appearance bond approved by Magistrate Judge Paul L. Abrams. (mco) (Entered: 07/27/2007)
07/09/200741 STATEMENT OF CONSTITUTIONAL RIGHTS filed by Defendant Arthur Yavelburg (mco) (Entered: 07/27/2007)
07/09/200742 DESIGNATION AND APPEARANCE OF COUNSEL; filed by Nina Marino appearing for Arthur Yavelburg (mco) (Entered: 07/27/2007)
07/09/200743 BOND AND CONDITIONS OF RELEASE filed as to Defendant Arthur Yavelburg conditions of release: $50,000.00 unsecured appearance bond approved by Magistrate Judge Paul L. Abrams. (mco) (Entered: 07/27/2007)
07/09/200744 DECLARATION re Passport filed by Defendant Arthur Yavelburg RE: Bond and Conditions (CR-1) 43 (mco) (Entered: 07/27/2007)
07/09/200745 DECLARATION re Passport filed by Defendant Peter Xuong Lam RE: Bond and Conditions (CR-1) 40 (mco) Additional attachment(s) added on 7/27/2007 (mco, ). (Entered: 07/27/2007)
07/09/200747 STATEMENT OF CONSTITUTIONAL RIGHTS filed by Defendant David S Wong (mco) (Entered: 07/27/2007)
07/09/200748 DESIGNATION AND APPEARANCE OF COUNSEL; filed by Thomas Anthony Durkin appearing for David S Wong (mco) (Entered: 07/27/2007)
07/09/200749 STATEMENT OF CONSTITUTIONAL RIGHTS filed by Defendant Tai Wai David Chu (mco) (Entered: 07/27/2007)
07/09/200750 DESIGNATION AND APPEARANCE OF COUNSEL; filed by Barbara B. nguyen appearing for Tai Wai David Chu (mco) (Entered: 07/27/2007)
07/09/200751 STATEMENT OF CONSTITUTIONAL RIGHTS filed by Defendant Dakon International (mco) (Entered: 07/27/2007)
07/09/200752 DESIGNATION AND APPEARANCE OF COUNSEL; filed by Barbara B. nguyen appearing for Dakon International (mco) (Entered: 07/27/2007)
07/09/200753 STATEMENT OF CONSTITUTIONAL RIGHTS filed by Defendant Henry C.D. Yip (mco) (Entered: 07/27/2007)
07/09/200754 DESIGNATION AND APPEARANCE OF COUNSEL; filed by Roger W Patton appearing for Henry C.D. Yip (mco) (Entered: 07/27/2007)
07/09/200755 STATEMENT OF CONSTITUTIONAL RIGHTS filed by Defendant T.P. Company (mco) (Entered: 07/27/2007)
07/09/200756 DESIGNATION AND APPEARANCE OF COUNSEL; filed by Roger W Patton appearing for T.P. Company (mco) (Entered: 07/27/2007)
07/10/200732 CRIMINAL MOTION AND TRIAL ORDER by Judge Philip S. Gutierrez as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company, Pretrial Motions due by 8/6/2007. Replies due by 8/27/2007. Oppositions due by 8/13/2007 Jury Trial set for 9/4/2007 09:00 AM before Judge Philip S. Gutierrez. Motion set for hearing on 8/20/2007 at 10:00 AM before Judge Philip S. Gutierrez. Status Conference set for 8/20/2007 10:00 AM before Judge Philip S. Gutierrez. (roz) (Entered: 07/16/2007)
07/27/200746 NOTICE OF CLERICAL ERROR, as to Defendant Peter Xuong Lam: Due to clerical error Re: Declaration 45 (mco) (Entered: 07/27/2007)
08/01/200757  APPLICATION for attorney Judith L. Wheat to Appear Pro Hac Vice. FEE NOT PAID. Filed by Defendant Arthur Yavelburg (Attachments: # 1 Proposed Order Proposed Order. Pro Hac Vice)(Eiland, Nicole) (Entered: 08/01/2007)
08/01/200758 WAIVER of Defendants Presence filed by Defendant Arthur Yavelburg (Eiland, Nicole) (Entered: 08/01/2007)
08/02/200759 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found Case number is incorrect.: RE APPLICATION for attorney Judith L. Wheat to Appear Pro Hac Vice. FEE NOT PAID. 57 (jhu) (Entered: 08/02/2007)
08/02/200760 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found Case number incorrect. Attorney's name, address, phone number & E-Mail address are missing.: RE Waiver of Defendants Presence (CR 35) 58 (jhu) (Entered: 08/02/2007)
08/06/200761 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE by Judge Philip S. Gutierrez as to Defendant Arthur Yavelburg, re APPLICATION for attorney Judith L. Wheat to Appear Pro Hac Vice. FEE NOT PAID. 57 . Added attorney Judith Wheat for Arthur Yavelburg. (roz) (Entered: 08/06/2007)
08/06/200762 ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS by Judge Philip S. Gutierrez : the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Waiver of Defendants Presence (CR 35) 58 , for the following reasons: Regarding docket entry Number 58, attorneys name, address, phone number and e-mail address missing; also missing is defendants name. (roz) (Entered: 08/07/2007)
08/06/200769 MINUTES OF POST-INDICTMENT ARRAIGNMENT hearing is continued to Monday, October 1, 2007 at 8:30 am by order of Magistrate Judge Stephen J. Hillman. Court Smart: CS 8/6/07. (mco) (Entered: 08/10/2007)
08/07/200763  APPLICATION for attorney L. Barrett Boss to Appear Pro Hac Vice. FEE NOT PAID. Filed by Defendant Peter Xuong Lam (Attachments: # 1 Proof of Service re Application of Non-Resident Attorney to Appear in a Specific Case 08-07-07# 2 Proposed Order [Proposed] Order on Application of Non-Resident Attorney to Appear in a Specific Case 08-07-07# 3 Proof of Service re Order on Application of Non-Resident Attorney to Appear in a Specific Case 08-07-07)(Rutherford, Jeffrey) (Entered: 08/07/2007)
08/07/200764 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found Case number is incorrect.: RE APPLICATION for attorney L. Barrett Boss to Appear Pro Hac Vice. FEE NOT PAID. 63 (jhu) (Entered: 08/07/2007)
08/07/200765  STIPULATION to Continue Trial Date from September 4, 2007 to January 22, 2008 filed by Plaintiff USA as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company (Attachments: # 1 signature pages# 2 Proposed Order)(Heidel, Sarah) (Entered: 08/07/2007)
08/08/200767 ORDER by Judge Philip S. Gutierrez as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company, re Stipulation to Continue,, 65 . The trial date in the above-captioned matter shall becontinued from September 4, 2007, at 9:00 a.m. to January 22,2008, at 9:00 a.m. Motions in this case shall be filed on orbefore December 3, 2007, with oppositions to be filed on orbefore December 17, 2007, and replies to be filed on or beforeJanuary 7, 2008. The status conference and motion hearing dateshall be continued from August 20, 2007, to January 14, 2008.IT IS FURTHER ORDERED that the time period of September 4,2007 to January 22, 2008, is deemed excludable pursuant to 18U.S.C. 3161(h)(8)(A) (cbr) (Entered: 08/10/2007)
08/09/200766 WAIVER of Defendants Presence filed by Defendant Arthur Yavelburg (Eiland, Nicole) (Entered: 08/09/2007)
08/10/200768 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found Case number is incorrect.: RE Waiver of Defendants Presence (CR 35) 66 (jhu) (Entered: 08/10/2007)
08/13/200771 Mail Returned Undeliverable re: Notice of Deficiency in Electronically Filed Documents (G-112A) 64 , as to Defendant Peter Xuong Lam. (roz) (Entered: 08/14/2007)
08/14/200770  APPLICATION for Appointment of Counsel L. Barrett Boss Filed by Defendant Peter Xuong Lam (Attachments: # 1 Proof of Service re Application of Non-Resident Attorney to Appear in A Specific Case 08-14-07# 2 Proposed Order Order on Application of Non-Resident Attorney to Appear in a Specific Case 08-14-07)(Rutherford, Jeffrey) (Entered: 08/14/2007)
08/14/200772 PASSPORT RECEIPT from U. S. Pretrial Services as to Defendant Henry C.D. Yip. USA passport No: 301037270 was received on Julie Fowler, PSA Northern District of California. (Attachments: # 1 copy of passport) (es) (Entered: 08/14/2007)
08/16/200773 WAIVER of Defendants Presence filed by Defendant Arthur Yavelburg (Eiland, Nicole) (Entered: 08/16/2007)
08/17/200774 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found Case number is incorrect.: RE Waiver of Defendants Presence (CR 35) 73 (jhu) (Entered: 08/17/2007)
08/17/200775 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE by Judge Philip S. Gutierrez as to Defendant Peter Xuong Lam, re APPLICATION for Appointment of Counsel L. Barrett Boss 70 ., Added attorney L. Barrett Boss for Peter Xuong Lam. (roz) (Entered: 08/17/2007)
08/17/200776 ORDER by Judge Philip S. Gutierrez : the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Waiver of Defendants Presence (CR 35) 66 , for the following reasons: For non-compliance with the Courts Case Management Order. Any future pleadings or documents must be filed in conformity with the explicit and detailed instructions contained in the Case Management Order. Other: Incorrect case number; counsel fails to file pleadings properly. (roz) (Entered: 08/20/2007)
08/23/200777 WAIVER of Defendants Presence filed by Defendant Arthur Yavelburg (Attachments: # 1 Proof of Service)(Marino, Nina) (Entered: 08/23/2007)
08/28/200778  APPLICATION for attorney Elliot G. Sagor to Appear Pro Hac Vice. FEE NOT PAID. Filed by Defendant David S Wong, True World Foods Inc. (Attachments: # 1 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case)(Zaffos, Adam) (Entered: 08/28/2007)
08/29/200779 Amendment to APPLICATION for to Appear Pro Hac Vice 78 filed by Defendant True World Foods Inc.. (Attachments: # 1 Proposed Order Order on Amended Application of Non-Resident Attorney to Appear in a Specific Case)(Zaffos, Adam) (Entered: 08/29/2007)
08/29/200781 NOTICE OF CLERICAL ERROR, as to Defendant Arthur Yavelburg: Due to clerical error Re: Notice of Deficiency in Electronically Filed Documents (G-112A) 80 .Wrong event was used. Should have used Mail Returned undeliverable. (roz) (Entered: 08/31/2007)
08/29/200782 Mail Returned Undeliverable re: Notice of Deficiency in Electronically Filed Documents (G-112A) 74 , as to Defendant Arthur Yavelburg. (roz) (Entered: 08/31/2007)
08/29/200783 Mail Returned Undeliverable re: Notice of Deficiency in Electronically Filed Documents (G-112A) 74 , as to Defendant Arthur Yavelburg. (roz) (Entered: 08/31/2007)
08/31/200780 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found Case number is incorrect or missing: RE Waiver of Defendants Presence (CR 35) 73 . (roz) (Entered: 08/31/2007)
09/05/200784 ORDER ON AMENDED APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE by Judge Philip S. Gutierrez as to Defendant True World Foods Inc., re Amendment (Motion related) 79 . Added attorney Elliot G Sagor for True World Foods Inc. (roz) (Entered: 09/06/2007)
09/07/200785 NOTICE OF MOTION AND MOTION to Dismiss Indictment Against Defendant True World Foods, Inc. Filed by Defendant True World Foods Inc.Motion set for hearing on 10/22/2007 at 09:00 AM before Judge Philip S. Gutierrez. (Attachments: # 1 Proposed Order Proposed Order Granting Motion to Dismiss Indictment Against True World Foods, Inc.)(Zaffos, Adam) Modified on 10/15/2007 (wm, ). (Entered: 09/07/2007)
09/07/200786 DECLARATION of Elliot G. Sagor re MOTION to Dismiss for Lack of Jurisdiction 85 filed by Defendant True World Foods, Inc.. (Attachments: # 1 Exhibit Exhibit 1 to Sagor Declaration# 2 Exhibit Exhibit 2 to Sagor Declaration# 3 Exhibit Exhibit 3 to Sagor Declaration# 4 Exhibit Exhibit 4 to Sagor Declaration# 5 Exhibit Exhibit 5 to Sagor Declaration# 6 Exhibit Exhibit 6 to Sagor Declaration)(Zaffos, Adam) (Entered: 09/07/2007)
09/10/200787 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found Proof of Service is missing for non-electronically served parties: RE MOTION to Dismiss for Lack of Jurisdiction 85 (lom) (Entered: 09/10/2007)
09/10/200788 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found Proof of Service is missing for non-electronically served parties: RE Declaration (Motion related), Declaration (Motion related) 86 (lom) (Entered: 09/10/2007)
09/10/200789  Proof of Service re MOTION to Dismiss for Lack of Jurisdiction 85 filed by Defendant True World Foods Inc.. (Zaffos, Adam) (Entered: 09/10/2007)
09/10/200790 NOTICE of Change of Attorney Information for attorney Nina Marino counsel for Arthur Yavelburg. NICOLE PATRICE EILAND will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice.NICOLE PATRICE EILAND is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by DEFENDANT KAPLAN MARINO (Attachments: # 1)(Marino, Nina) (Entered: 09/10/2007)
09/10/200791 NOTICE of Change of Address by attorney Nina Marino for Defendant Arthur Yavelburg, changing for Attorney Judith L.Wheat, 1050 17th Street, N.W., Suite 600, Washington, D.C. 20036 to Judith L. Wheat at WHEAT WU, PLLC. Filed by DEFENDANT ARTHUR YAVELBERG (Attachments: # 1 Proof of Service)(Marino, Nina) (Entered: 09/10/2007)
09/12/200792 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found Incorrect document type selected,Please use the Proof of Service (subsequent documents) found under Warrants, Summons & Writs : RE Motion Related Document 89 (lom) (Entered: 09/12/2007)
09/20/200793  OPPOSITION to MOTION to Dismiss for Lack of Jurisdiction 85 filed by Plaintiff USA as to Defendant True World Foods Chicago, Inc.. (Johns, Joseph) (Entered: 09/20/2007)
09/25/200794 NOTICE OF MOTION AND MOTION to Suppress Evidence Filed by Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Peter Xuong LamMotion set for hearing on 10/22/2007 at 09:00 AM before Judge Philip S. Gutierrez. (Attachments: # 1 Exhibit Exhibits A - C to Notice of Motion and Motion to Suppress Evidence# 2 Exhibit Exhibit D to Motion to Suppress Evidence 09-25-07# 3 Exhibit Exhibits E - J to Motion to Suppress Evidence 09-25-07# 4 Proposed Order Proposed Order to Motion to Suppress Evidence 09-25-07)(Rutherford, Jeffrey) (Entered: 09/25/2007)
10/01/200795 MINUTES OF POST-INDICTMENT ARRAIGNMENT held before Magistrate Judge Carla Woehrle as to Defendant Silver Seas Company, Blue Ocean Seafood Corporation, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, True World Foods Inc.. Post-Indictment Arraignment set for 11/5/2007 08:30 AM before Magistrate Judge Paul L. Abrams. Court Smart: CS10/01/2007. (tba) (Entered: 10/09/2007)
10/09/200796  OPPOSITION to MOTION to Suppress 94 filed by Plaintiff USA as to Defendant VIRGINIA STAR SEAFOOD CORPORATION, et al.. (Attachments: # 1 EXHIBIT A# 2 EXHIBIT B# 3 EXHIBIT C# 4 EXHIBIT D# 5 EXHIBIT E# 6 EXHIBIT F)(Heidel, Sarah) (Entered: 10/09/2007)
10/12/2007  FINANCIAL ENTRY as to Defendant Arthur Yavelburg: Received $185.00 from Judith L. Wheat. Re: Order on Application (PHV FEE PAID) 61 . (cbr) (Entered: 06/25/2010)
10/15/200797 MEMORANDUM in Support of MOTION to Dismiss for Lack of Jurisdiction 85 filed by Defendant True World Foods, Inc.. (Zaffos, Adam) (Entered: 10/15/2007)
10/15/200798 DECLARATION of Helder Cabrita re MOTION to Dismiss for Lack of Jurisdiction 85 filed by Defendant True World Foods, Inc.. (Zaffos, Adam) (Entered: 10/15/2007)
10/15/200799 DECLARATION of Elliot G. Sagor re MOTION to Dismiss for Lack of Jurisdiction 85 filed by Defendant True World Foods, Inc.. (Attachments: # 1 Exhibit Exhibit 1)(Zaffos, Adam) (Entered: 10/15/2007)
10/15/2007100 REPLY Reply Memorandum in Support of Motion to Suppress Evidence MOTION to Suppress Evidence 94 filed by Defendant Virginia Star Seafood Corporation; International Sea Products Corporation; Peter Xuong Lam. (Attachments: # 1 Supplement Table of Authorities)(Rutherford, Jeffrey) (Entered: 10/15/2007)
10/16/2007101 **SEE DOCUMENT NUMBER 113 FOR CORRECTION** NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found Incorrect Document Type selected: RE Declaration (Motion related) 98 (es) Modified on 10/16/2007 (es, ). Modified on 10/16/2007 (es, ). (Entered: 10/16/2007)
10/16/2007102 **SEE DOCUMENT NUMBER 103 FOR CORRECTION** NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found Incorrect Document Type Selected: RE Declaration (Motion related) 99 (es) Modified on 10/16/2007 (es, ). (Entered: 10/16/2007)
10/16/2007103 NOTICE OF CLERICAL ERROR, as to Defendant True World Foods Inc.: Due to clerical error Re: PLEASE BE ADVISED THAT DOCUMENT(S) Notice of Deficiency in Electronically Filed Documents (G-112A) 101 , Notice of Deficiency in Electronically Filed Documents (G-112A) 102 CASE NUMBER SHOULD READ 07-449 PSG AND NOT 05-449 AS INDICATED ON THE DOCUMENT. (es) (Entered: 10/16/2007)
10/16/2007104 NOTICE OF JOINDER IN MOTION to Suppress Evidence Filed by Defendants Virginia Star Seafood Corp., International Sea Products and Peter Lam; DECLARATION IN SUPPORT OF SAME Filed by Defendant Arthur YavelburgMotion set for hearing on 10/22/2007 at 09:00 AM before Judge Philip S. Gutierrez. (Attachments: # 1 Proof of Service)(Marino, Nina) Modified on 10/17/2007 (wm, ). (Entered: 10/16/2007)
10/18/2007105  STIPULATION TO WITHDRAW TRUE WORLD FOODS CHICAGO LLC'S MOTION TO DISMISS INDICTMENT AGAINST DEFENDANT TRUE WORLD FOODS, INC. FOR LACK OF JURISDICTION re MOTION to Dismiss for Lack of Jurisdiction 85 filed by Defendant True World Foods, Inc.. (Attachments: # 1 Proposed Order Re: Stipulation to Withdraw True World Foods Chicago LLC's Motion to Dismiss Indictment Against Defendant True World Foods, Inc. for Lack of Jurisdiction)(Zaffos, Adam) (Entered: 10/18/2007)
10/18/2007106  [PROPOSED] ORDER RE: STIPULATION TO WITHDRAW TRUE WORLD FOODS CHICAGO LLC'S MOTION TO DISMISS INDICTMENT AGAINST DEFENDANT TRUE WORLD FOODS, INC. FOR LACK OF JURISDICTION re MOTION to Dismiss for Lack of Jurisdiction 85 filed by Defendant True World Foods, Inc.. (Zaffos, Adam) (Entered: 10/18/2007)
10/18/2007110 MINUTES IN CHAMBERS by Judge Philip S. Gutierrez : Re: Defendant Virginia Star Seafood Corp, International Sea Products Corp, andPeter Xuong Lams Motion to Suppress EvidenceFiled 09-25-07. PLEASE TAKE NOTICE that at counsels request, the above-referenced motion ishereby continued to Tuesday, December 4, 2007 at 9:30 a.m.IT IS SO ORDERED. (es) (Entered: 10/31/2007)
10/19/2007107 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found no notice of lodging submitted with document; proposed order should be as an attachment; incorrect document is attachedm to the docket entery; proposed document was not submitted as separate attachment : RE Motion Related Document, 105 (ab) (Entered: 10/19/2007)
10/19/2007108 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found incorrect document is attached to the docket entery; prposed document was not submitted as separate attachemdn; when filing a proposed order with the courts separately, you must have a notice of lodging indicating what and why you are filing this document and the proposed order should be an attachment: RE Motion Related Document, 106 (ab) (Entered: 10/19/2007)
10/19/2007109 ORDER by Judge Philip S. Gutierrez as to Defendant True World Foods Inc. Granting Stipulation to Withdraw True World Foods Chicago LLC's Motion to Dismiss Indictment Against Defendant True World Foods Inc for Lack of Jurisdiction Related Document, 105 (es) (Entered: 10/22/2007)
10/31/2007112 Mail Returned Undeliverable as to Defendant Virginia Star Seafood Corporation (es) (Entered: 11/08/2007)
11/05/2007111 Mail Returned Undeliverable as to Defendant Silver Seas Company, Blue Ocean Seafood Corporation, Cantho Animal Fishery Products Processing Enterprise, Anhaco, Binh Dinh Import Export Company, True World Foods Inc. (es) (Entered: 11/08/2007)
11/16/2007113 FIRST SUPERSEDING INFORMATION filed as to Henry C.D. Yip (16) count(s) 1s. (es) (Entered: 11/16/2007)
11/16/2007114 CASE SUMMARY filed by AUSA Joseph Johns as to Defendant Henry C.D. Yip; defendants Year of Birth: 1940 (es) (Entered: 11/16/2007)
11/16/2007115 MEMORANDUM filed by Plaintiff USA as to Defendant Henry C.D. Yip. Re Magistrate Judge John Charles Rayburn Jr., Jacqueline Chooljian, Patrick J. Walsh, Jennifer T. Lum, and Jeffrey W. Johnson. (es) (Entered: 11/16/2007)
11/16/2007116 MEMORANDUM filed by Plaintiff USA as to Defendant Henry C.D. Yip Re Judge Stephen G. Larson. (es) (Entered: 11/16/2007)
11/27/2007117 NOTICE OF MOTION AND MOTION to Dismiss Case Defendant Wong's Motion to Dismiss Indictment and Memorandum of Points and Authorities Filed by Defendant David S WongMotion set for hearing on 1/14/2008 at 09:00 AM before Judge Philip S. Gutierrez. (Durkin, Thomas) (Entered: 11/27/2007)
11/28/2007119 WAIVER OF INDICTMENT by Defendant Henry C.D. Yip before Judge Philip S. Gutierrez (ab) (Entered: 11/30/2007)
11/28/2007121 MINUTES OF Change of Plea Hearing held before Judge Philip S. Gutierrez as to Defendant T.P. Company. Defendant sworn. Court questions defendant regarding the plea. The Defendant T.P. Company (17) pleads GUILTY to Count 21. The plea is accepted. The Court ORDERS the preparation of a Presentence Report. Sentencing set for 2/25/2008 10:00 AM; court orders: the plea agreement to be incorporated into the record, and made part of today's proceedings; further that all material witnesses be released; defendant's request to have Probation review in San Francisco is hereby GRANTED. Court Reporter: Miriam Baird. (ab) (Entered: 11/30/2007)
11/28/2007122 MINUTES OF Change of Plea Hearing held before Judge Philip S. Gutierrez as to Defendant Henry C.D. Yip. Defendant sworn. Court questions defendant regarding the plea. The Defendant Henry C.D. Yip (16) pleads GUILTY to Count 1s. The plea is accepted. The Court ORDERS the preparation of a Presentence Report. Sentencing set for 2/25/2008 at 10:00 AM before Judge Philip S. Gutierrez. Court Reporter: Miriam Baird. (es) (Entered: 12/03/2007)
11/28/2007188 PLEA AGREEMENT FOR DEFENDANT T.P. COMPANY (cbr) (mat). Modified on 9/23/2009 (mat). (Entered: 01/24/2008)
11/28/2007189  PLEA AGREEMENT FOR DEFENDANT HENRY C.D. YIP. (cbr) (mat). Modified on 9/23/2009 (mat). (Entered: 01/24/2008)
11/29/2007118  EX PARTE APPLICATION for Release of Grand Jury Transcripts Filed by Plaintiff USA as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company (Attachments: # 1 Declaration Mary Dee Caraway# 2 Proposed Order)(Heidel, Sarah) (Entered: 11/29/2007)
11/30/2007120 NOTICE of Errata filed by Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Peter Xuong Lam (Attachments: # 1 Exhibit)(Rutherford, Jeffrey) (Entered: 11/30/2007)
12/03/2007123 NOTICE OF MOTION AND MOTION to Suppress STATEMENTS BY DEFENDANT PETER XUONG LAM Filed by Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Peter Xuong LamMotion set for hearing on 1/14/2008 at 09:00 AM before Judge Philip S. Gutierrez. (Attachments: # 1 Exhibit A - C to Motion to Suppress Statements by Defendant LAM# 2 Proposed Order Granting Motion to Suppress Statements by Defendant LAM)(Rutherford, Jeffrey) (Entered: 12/03/2007)
12/03/2007124 NOTICE OF MOTION AND MOTION to Suppress EVIDENCE FOR LACK OF PROBABLE CAUSE Filed by Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Peter Xuong LamMotion set for hearing on 1/14/2008 at 09:00 AM before Judge Philip S. Gutierrez. (Attachments: # 1 Proposed Order to Suppress Evidence for Lack of Probable Cause)(Rutherford, Jeffrey) (Entered: 12/03/2007)
12/03/2007125 NOTICE OF MOTION AND MOTION for Handwriting Exemplars Filed by Plaintiff USA as to Defendant Peter Xuong Lam, Arthur YavelburgMotion set for hearing on 1/14/2008 at 09:00 AM before Judge Philip S. Gutierrez. (Attachments: # 1 Proposed Order)(Johns, Joseph) (Entered: 12/03/2007)
12/03/2007126 NOTICE OF MOTION AND MOTION to Sever Defendant Filed by Plaintiff USA as to Defendant David S WongMotion set for hearing on 1/14/2008 at 9:00 AM before Judge Philip S. Gutierrez. (Attachments: # 1 Proposed Order)(Johns, Joseph) (Entered: 12/03/2007)
12/03/2007127 NOTICE OF MOTION AND MOTION for Bill of Particulars Filed by Defendant David S WongMotion set for hearing on 1/14/2008 at 09:00 AM before Judge Philip S. Gutierrez. (Durkin, Thomas) (Entered: 12/03/2007)
12/03/2007128 NOTICE OF MOTION AND MOTION for Extension of Time to File Additional Pre-trial Motions. Filed by Defendant David S WongMotion set for hearing on 1/14/2008 at 09:00 AM before Judge Philip S. Gutierrez. (Durkin, Thomas) (Entered: 12/03/2007)
12/03/2007129 NOTICE OF MOTION AND MOTION for Hearing as to Concerning Admissibility of Co-Conspirators' Statements Filed by Defendant David S WongMotion set for hearing on 1/14/2008 at 09:00 AM before Judge Philip S. Gutierrez. (Durkin, Thomas) (Entered: 12/03/2007)
12/03/2007130 NOTICE OF MOTION AND MOTION for Disclosure Grand Jury Minutes Filed by Defendant David S WongMotion set for hearing on 1/14/2008 at 09:00 AM before Judge Philip S. Gutierrez. (Attachments: # 1 Exhibit A-1 Memorandum of Interview of Co-defendant Yip# 2 Exhibit A-2 Memorandum of Interview of David S. Wong# 3 Exhibit B grand jury subpoena# 4 Exhibit C Letter to Takashi Yashiro)(Durkin, Thomas) (Entered: 12/03/2007)
12/04/2007131 NOTICE of Manual Filing of In Camera and Under Seal Filings filed by Plaintiff USA as to Defendant Peter Xuong Lam, Arthur Yavelburg (Johns, Joseph) (Entered: 12/04/2007)
12/04/2007132 NOTICE of Manual Filing of In Camera and Under Seal Filings filed by Plaintiff USA as to Defendant Peter Xuong Lam, Arthur Yavelburg (Johns, Joseph) (Entered: 12/04/2007)
12/05/2007133 MINUTES of Motion Hearing held before Judge Philip S. Gutierrez as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Peter Xuong Lam, Arthur Yavelburg. Matter called and counsel are present. Parties agree to a global admission into evidence of allexhibits attached to parties pleadings as reflected on the record.The Court hears oral argument regarding the above-referenced motion. Witnesses are called, sworn and testified. Exhibits are identified and admitted.The Court GRANTS Lams motion to suppress pertaining to Wilburn location. The remaining motions are hereby DENIED. The Government may file a motion to reconsider to address the issue of inevitable discovery.Further, defense counsel shall submit a stipulation and proposed order addressing Governments recent filing of a motion to sever. re MOTION to Suppress Evidence 94 Court Reporter: Miriam Baird. (es) (Entered: 12/07/2007)
12/06/2007134 LIST OF EXHIBITS AND WITNESSES at trial as to Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company. (Attachments: # 1 Main Document # 2 Main Document) (es) (Entered: 12/10/2007)
12/12/2007135 MINUTES OF Motion Hearing held before Judge Philip S. Gutierrez as to Defendant David S Wong, Re MOTION to Sever Defendant 126 . At Governments request, the Court hereby advances the hearing on the above-referenced motion from January 14, 2008 to Tuesday, December 18, 2007 at 10:00 a.m. Governments request to hold the hearing via telephone is Granted. Government counsel to provide one telephone number for the Court Clerk to initiate the telephone conference. IT IS SO ORDERED. Court Reporter: Not Reported. (es) (Entered: 12/12/2007)
12/13/2007136  OPPOSITION to MOTION to Suppress 123 filed by Plaintiff USA as to Defendant Peter Xuong Lam. (Attachments: # 1 Exhibit A# 2 Attachment 1# 3 Attachment 2# 4 Attachment 3)(Johns, Joseph) (Entered: 12/13/2007)
12/13/2007137 REPLY opposition MOTION to Suppress 124 filed by Plaintiff USA as to Defendant Virginia Star Seafood Corporation. (Johns, Joseph) (Entered: 12/13/2007)
12/13/2007138 RESPONSE IN OPPOSITION filed by Plaintiff USA as to Defendant Virginia Star Seafood Corporation (Johns, Joseph) (Entered: 12/13/2007)
12/13/2007139 EXHIBIT B to MOTION to Sever Defendant 126 filed by Plaintiff USA as to Defendant Wong. (Heidel, Sarah) (Entered: 12/13/2007)
12/14/2007140 RESPONSE IN OPPOSITION filed by Plaintiff USA as to Defendant Virginia Star Seafood Corporation Opposition to Motion for Pre-trial Hearing or Written Evidentiary Proffer Concerning Statements of Co-Conspirators (Johns, Joseph) (Entered: 12/14/2007)
12/14/2007141 RESPONSE filed by Plaintiff USA as to Defendant Virginia Star Seafood Corporation Response to Defendant Wong's Motion for a Bill of Particulars (Attachments: # 1 Exhibit A)(Johns, Joseph) (Entered: 12/14/2007)
12/17/2007142 First APPLICATION OF NON-RESIDENT ATTORNEY Lawrence E. Alberg to Appear Pro Hac Vice. FEE NOT PAID. Filed by Defendant David S WongApplication set for hearing on 12/18/2007 at 10:00 AM before Judge Philip S. Gutierrez. (Attachments: # 1 Proposed Order Order on Application of Non-Resident Attorney to Appear in a Specific Case# 2 Supplement Proof of Service)(Durkin, Thomas) (Entered: 12/17/2007)
12/17/2007143  filed by Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Peter Xuong Lam (Rutherford, Jeffrey) (Entered: 12/17/2007)
12/17/2007144  OPPOSITION to MOTION to Dismiss Case Defendant Wong's Motion to Dismiss Indictment and Memorandum of Points and Authorities 117 filed by Plaintiff USA as to Defendant Wong. (Johns, Joseph) (Entered: 12/17/2007)
12/17/2007147 MINUTES OF Motion for Severance of Defendant Davis S Wong (filed 12/3/07) 126 Hearing held before Judge Philip S. Gutierrez as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Peter Xuong Lam, Arthur Yavelburg, David S Wong. Matter called and counsel are present. The Court waives local counsel Nina Marinos presence for the purpose of this hearing. The Court GRANTS Governments Motion for Severance of Defendant David S Wong. The Court and counsel confer regarding trial issues. Trial Date for defendant David S. Wong remain set for January 22, 2008, at 9:00 a.m. The Court sets a telephonic status conference for January 7, 2008, at 11:00 a.m. to establish trial estimate for David S Wong. The parties are ORDERED to confer and notify the Court of the time estimate for the January 14, 2008 hearing before Friday, December 28, 2008. The Court ORDERS the parties to file a Stipulation addressing excludable time as to when the second group of defendants will go forward with trial. Court GRANTS Application of Non-Resident attorney Lawrence E. Alberg to appear. Parties shall contact the clerk to advance the hearing date from January 14, 2008 to January 7, 2008 regarding Defendant David S. Wongs Motion for Pretrial Hearing or Written Evidentiary Proffer Concerning Statements of Co-conspirators - Filed 12-03-07. Court Reporter: Miriam Baird. (es) (Entered: 12/19/2007)
12/18/2007145 NOTICE OF INTENT TO OFFER RULE 404(B) EVIDENCE filed by Plaintiff USA as to Defendant David S Wong Jury Trial set for January 22, 2008. (Johns, Joseph) (Entered: 12/18/2007)
12/18/2007146 ORDER by Judge Philip S. Gutierrez as to Defendant Virginia Star Seafood Corporation, David S Wong, On First APPLICATION OF NON-RESIDENT ATTORNEY Lawrence E. Alberg to Appear Pro Hac Vice. FEE NOT PAID. Local Counsel Thomas Anthony Durkin 142 . (es) (Entered: 12/18/2007)
12/18/2007499 AMENDED MINUTES held before Judge Philip S. Gutierrez re: Motion Hearing, 147 as to Defendants Virginia Star Seafood Corporation, International Sea Products Corporation, Peter Xuong Lam, Arthur Yavelburg, David S Wong: Matter called and counsel are present. The Court waives local counsel Nina Marino's presence for the purpose of this hearing. The Court GRANTS Government's Motion for Severance of Defendant David S Wong. The Court and counsel confer regarding trial issues. Trial Date for Defendant David S. Wong remain set for January 22, 2008, at 9:00 a.m. The Court sets a telephonic status conference for January 7, 2008, at 11:00 a.m. to establish trial estimate for David S Wong. The parties are ORDERED to confer and notify the Court of the time estimate for the January 14, 2008 hearing before Friday, December 28, 2008. The Court ORDERS the parties to file a Stipulation addressing excludable time as to when the second group of defendants will go forward with trial. Court GRANTS Application of Non-Resident attorney Lawrence E. Alberg to appear. Parties shall contact the clerk to advance the hearing date from January 14, 2008 to January 7, 2008 regarding Defendant David S. Wong's Motion for Pretrial Hearing or Written Evidentiary Proffer Concerning Statements of Co-conspirators - Filed 12-03-07. Court Reporter: Miriam Baird. (bm) Modified on 9/21/2009 (bm). (Entered: 09/21/2009)
12/19/2007148  OPPOSITION to MOTION for Disclosure Grand Jury Minutes 130 filed by Plaintiff USA as to Defendant David S. Wong. (Johns, Joseph) (Entered: 12/19/2007)
12/20/2007182 RECEIPT FROM FISCAL REGARDING PAYMENT OF NON RESISDENT ATTORNEY FEES filed by Defendant David S Wong Re: First APPLICATION OF NON-RESIDENT ATTORNEY Lawrence E. Alberg to Appear Pro Hac Vice. FEE PAID. 142 (pj) (Entered: 01/24/2008)
12/27/2007149 REPLY Support MOTION for Hearing as to Concerning Admissibility of Co-Conspirators' Statements 129 filed by Defendant David S. Wong. (Durkin, Thomas) (Entered: 12/27/2007)
01/04/2008150  STIPULATION to Continue TRIAL DATE AND EXCLUDABLE TIME UNDER SPEEDY TRIAL ACT from January 22, 2008 to April 22, 2008 filed by Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Peter Xuong Lam (Attachments: # 1 Signature Page to Stipulation Regarding Continuance of Trial Date# 2 Proposed Order Regarding Continuance of Trial Date and Excludable Time Under Speedy Trial Act)(Rutherford, Jeffrey) (Entered: 01/04/2008)
01/07/2008151 PROPOSED VOIR DIRE QUESTIONS filed by Defendant David S Wong (Johns, Joseph) (Entered: 01/07/2008)
01/07/2008152 NOTICE of JOINDER AND JOINDER IN DEFENDANT DAVID S. WONG'S MOTION TO DISMISS INDICTMENT filed by Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Peter Xuong Lam (Rutherford, Jeffrey) (Entered: 01/07/2008)
01/07/2008153 NOTICE OF MOTION AND First MOTION in Limine to Exclude certain evidence and argument supporting memorandum of points and authorities Filed by Plaintiff USA as to Defendant David S WongMotion set for hearing on 1/22/2008 at 08:30 AM before Judge Philip S. Gutierrez.(Johns, Joseph) (Entered: 01/07/2008)
01/07/2008154 REPLY In Support of Motion MOTION to Dismiss Case Defendant Wong's Motion to Dismiss Indictment and Memorandum of Points and Authorities 117 filed by Defendant David S. Wong. (Durkin, Thomas) (Entered: 01/07/2008)
01/07/2008155 PROPOSED VOIR DIRE QUESTIONS filed by Plaintiff USA as to Defendant David S Wong (Johns, Joseph) (Entered: 01/07/2008)
01/07/2008156 NOTICE OF MOTION AND First MOTION in Limine to Exclude certain evidence and argument re-filing of docket #153 (separation of order and motion) Filed by Plaintiff USA as to Defendant David S WongMotion set for hearing on 1/22/2008 at 08:30 AM before Judge Philip S. Gutierrez. (Attachments: # 1 Proposed Order granting the government's first motion in limine to exclude certain evidence and argument)(Johns, Joseph) (Entered: 01/07/2008)
01/07/2008157  filed by Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Peter Xuong Lam (Rutherford, Jeffrey) (Entered: 01/07/2008)
01/07/2008158  REQUEST to CORRECT Miscellaneous Document 157 , MOTION to Suppress EVIDENCE FOR LACK OF PROBABLE CAUSE 124 Filed by Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Peter Xuong LamRequest set for hearing on 4/14/2008 at 09:00 AM before Judge Philip S. Gutierrez. (Rutherford, Jeffrey) (Entered: 01/07/2008)
01/07/2008159 REPLY support MOTION to Suppress STATEMENTS BY DEFENDANT PETER XUONG LAM 123 filed by Defendant Peter Xuong Lam. (Rutherford, Jeffrey) (Entered: 01/07/2008)
01/07/2008161 ORDER Re Continuance of Trial Date and Excludable time Under Speedy Trial Act by Judge Philip S. Gutierrez as to ; IT IS HEREBY ORDERED that trial date for Defendants Virginia Star Seafood Corporation, International Sea Products Corporation, Peter Xuong Lam, Arthur Yavelburg, Tai Wai David Chu, Dakon International is continued to 4/22/2008 at 9:00AM, the Motion hearing date is continued to 4/14/2008 at 10:00 AM, and for the purpose of computing time under the Speedy Trial Act, the period of 1/22/08 to 4/22/08 is deemed an excludable period. (es) (Entered: 01/08/2008)
01/07/2008162 MINUTES OF Telephone Conference held before Judge Philip S. Gutierrez as to Defendant David S Wong. Hearing held and counsel are present. Also present are Augustus Moss and Debbie Wise, who work with Mr. Durkin, and the defendants son. The Court confers with counsel, and the Court is informed that Mr. Wongs trial may last nine days. At Mr. Durkins request the Court approves the late filing of his Reply to Defendant David S. Wongs Motion to Dismiss Indictment, and his Reply to Defendant David S. Wongs Motion for Inspection of Grand Jury Minutes.Both Replies shall be e-filed before the close of business day on Tuesday, January 8, 2008, with courtesy copies to be delivered directly to chambers.Furthermore, government counsel shall provide the Court with a courtesy copy of its Attachment A, which was not included in governments opposition to Defendant David S. Wongs Motion for a Bill of Particulars. The Court further orders that counsel resolve the issue addressed on the record regarding Defendant David S. Wongs Motion for a Bill of Particulars. Will the motion be moot in light of the letter referenced in governments opposition? The Court anticipates a mutual decision at the January 14th hearing. Court Reporter: Miriam Baird. (es) (Entered: 01/08/2008)
01/07/2008168 WAIVER of Defendants Presence filed by Defendant Tai Wai David Chu (es) (Entered: 01/10/2008)
01/08/2008160 NOTICE OF INTENT TO OFFER RULE 404(B) EVIDENCE filed by Plaintiff USA as to Defendant David S Wong Jury Trial set for January 22, 2008. (Attachments: # 1 Declaration Roy Owens)(Johns, Joseph) (Entered: 01/08/2008)
01/08/2008163 NOTICE OF MOTION AND Supplemental MOTION to Dismiss Case Filed by Defendant David S WongMotion set for hearing on 1/14/2008 at 10:00 AM before Judge Philip S. Gutierrez. (Attachments: # 1 Proposed Order Supplemental Motion to Dismiss)(Durkin, Thomas) (Entered: 01/08/2008)
01/08/2008164 NOTICE OF MOTION AND MOTION to Suppress Statements Filed by Defendant David S WongMotion set for hearing on 1/14/2008 at 10:00 AM before Judge Philip S. Gutierrez. (Attachments: # 1 Exhibit A# 2 Proposed Order Motion to Suppress Statements)(Durkin, Thomas) (Entered: 01/08/2008)
01/08/2008165 REPLY In Support MOTION for Disclosure Grand Jury Minutes 130 filed by Defendant David S. Wong. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Durkin, Thomas) (Entered: 01/08/2008)
01/08/2008167 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Philip S. Gutierrez ORDERING Waiver of Defendant's Presence submitted by Defendant Tai Wai David Chu, received on 1/7/08 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (es) (Entered: 01/10/2008)
01/09/2008166 NOTICE of Change of Attorney Information filed by Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Peter Xuong Lam (Uyeda, Jennifer) (Entered: 01/09/2008)
01/11/2008169 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found Incorrect event selected. Correct event is Motion/Joinder: RE Notice (Other) 152 (es) (Entered: 01/11/2008)
01/11/2008170 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found Incorrect event type selected. Docket entry is incomplete: RE Miscellaneous Document 157 (es) (Entered: 01/11/2008)
01/11/2008171 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found Incorrect document is attached to the docket entry: RE REQUEST to 158 (es) (Entered: 01/11/2008)
01/11/2008172 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found Incorrect event selected. Correct event is Notice/Change of Attorney Information (G-06): RE Notice (Other) 166 (es) (Entered: 01/11/2008)
01/11/2008173 PLEA AGREEMENT filed by Plaintiff USA as to Defendant David S Wong (Johns, Joseph) (Entered: 01/11/2008)
01/14/2008175 SECOND SUPERSEDING INFORMATION filed as to David S Wong (12) count(s) 1s, 2s. (ca) (Entered: 01/22/2008)
01/14/2008176 MINUTES OF Arraignment and Change of Plea Hearing held before Judge Philip S. Gutierrez as to Defendant David S Wong. Defendant sworn. Court questions defendant regarding the plea. The Defendant David S Wong (12) pleads GUILTY to Count 1s, 2s. The plea is accepted. The Court ORDERS the preparation of a Presentence Report. Sentencing set for 6/9/2008 at 10:00 AM before Judge Philip S. Gutierrez. Court Reporter: Miriam Baird. (ca) (Entered: 01/22/2008)
01/15/2008174 ORDER by Clerk of Court document stricken and counsel ordered to file an amended or corrected document by 1/18/08 RE: Notice (Other) 166 (see attached document for further details) (es) (Entered: 01/22/2008)
01/23/2008181 AMENDED DOCUMENT filed by Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Peter Xuong Lam RE: Notice (Other) 166 . AMENDED NOTICE OF CHANGE OF ATTORNEY INFORMATION (Uyeda, Jennifer) (Entered: 01/23/2008)
02/05/2008190 Mail Returned Undeliverable re: Arraignment - Post Indictment - Continued no appearance by defendant, 95 , as to Defendant Silver Seas Company, Blue Ocean Seafood Corporation, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, True World Foods Inc. (es) (Entered: 02/08/2008)
02/05/2008191 Mail Returned Undeliverable as to Defendant Virginia Star Seafood Corporation (es) (Entered: 02/08/2008)
02/05/2008192 Mail Returned Undeliverable as to Defendant Virginia Star Seafood Corporation (es) (Entered: 02/08/2008)
02/15/2008193  STIPULATION to Continue Sentencing from February 25, 2008 to August 25, 2008 filed by Plaintiff USA as to Defendant Henry C.D. Yip (Attachments: # 1 Proposed Order)(Johns, Joseph) (Entered: 02/15/2008)
02/15/2008194  STIPULATION to Continue Sentencing from February 25, 2008 to August 25, 2008 filed by Plaintiff USA as to Defendant T.P. Company (Attachments: # 1 Proposed Order)(Johns, Joseph) (Entered: 02/15/2008)
02/19/2008195 MINUTES OF IN CHAMBERS ORDER by Judge Philip S. Gutierrez : On the Courts own motion, the Sentencing previously set for Monday, February 25, 2008 at 10:00 a.m. is hereby continued to Monday, August 25, 2008 at 10:00 a.m. (es) (Entered: 02/19/2008)
02/19/2008196 MINUTES OF IN CHAMBERS ORDER by Judge Philip S. Gutierrez : On the Courts own motion, the Sentencing previously set for Monday, February 25,2008 at 10:00 a.m. is hereby continued to Monday, August 25, 2008 at 10:00 a.m. (es) (Entered: 02/19/2008)
02/20/2008197 ORDERby Judge Philip S. Gutierrez as to Defendant T.P. Company. Continuing the Sentencing hearing from 2/25/08 to 8/25/08 at 10:00am before Judge Philip S. Gutierrez. (es) (Entered: 02/20/2008)
02/20/2008198 ORDER by Judge Philip S. Gutierrez as to Defendant Henry C.D. Yip continuing the Sentencing hearing date to 8/25/2008, 10:00 AM before Judge Philip S. Gutierrez. (es) (Entered: 02/20/2008)
02/20/2008199 NOTICE OF CLERICAL ERROR, as to Defendant Henry C.D. Yip: Due to clerical error PLEASE BE ADVISED that document #198 was processed without service to notice parties. The entry will be re-docketed for service purposes. (es) (Entered: 02/20/2008)
02/20/2008200 ORDER Judge Philip S. Gutierrez as to Defendant Henry C.D. Yip, Continuing the Sentencing hearing date to 8/25/2008 at 10:00 AM before Judge Philip S. Gutierrez. (es) (Entered: 02/20/2008)
02/27/2008201 PROPOSED VOIR DIRE QUESTIONS filed by Plaintiff USA as to Defendant Virginia Star Seafood Corporation (Johns, Joseph) (Entered: 02/27/2008)
03/11/2008206 MINUTES OF SENTENCING Hearing held before Judge Philip S. Gutierrez as to Defendant True World Foods Inc. Defendant True World Foods Inc. (13), Count(s) 1, 22-23, 27 dismissed on government's motion Court Reporter: Miriam Baird. (es) (Entered: 03/26/2008)
03/17/2008202  STIPULATION to Continue Trial Date from April 22, 2008 to October 14, 2008 filed by Plaintiff USA as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Peter Xuong Lam, Arthur Yavelburg, Tai Wai David Chu, Dakon International(Wheat, Judith) (Entered: 03/17/2008)
03/18/2008203 NOTICE of Manual Filing of Confidential medical information filed by Plaintiff Arthur Yavelburg as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company (Wheat, Judith) (Entered: 03/18/2008)
03/20/2008204 ORDER by Judge Philip S. Gutierrez : the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Notice of Manual Filing (G-92), Notice of Manual Filing (G-92), Notice of Manual Filing (G-92) 203 , Stipulation to Continue, 202 , for the following reasons: COUNSEL FAILED TO SUBMIT PROPOSED ORDER ALONG WITH STIP. FURTHER, THE CONFIDENTIAL MEDICAL RECORDS AND INFO MUST BE FILED AT THE CIVIL INTAKE WINDOW IN A PLEADING FORMAT. THE STIPULATION, ORDER, MANUAL FILING FORM AND CONFIDENTIAL DOCUMENT ALL MUST BE RE-FILED/RE-SUBMITTED TO THE COURT.; (es) (Entered: 03/20/2008)
03/20/2008205 NOTICE of Manual Filing of Stipulation Regarding Continuance of Trial Date and Excludable Time Under Speedy Trial Act; [Proposed] Order Filed Under Seal filed by Defendant Arthur Yavelburg (Attachments: # 1)(Marino, Nina) (Entered: 03/20/2008)
03/24/2008208 SEALED DOCUMENT - EX PARTE APPLICATION TO FILE UNDER SEAL. (cbr) (Entered: 04/14/2008)
03/24/2008209 SEALED DOCUMENT - ORDERS, IN THE ALTERNATIVE (cbr) (Entered: 04/14/2008)
03/24/2008210 SEALED DOCUMENT - STIPULATION REGARDING CONTINUANCE OF TRIAL DATE AND EXCLUDABLE TIME UNDER SPEEDY TRIAL ACT; ORDER. (cbr) (Entered: 04/14/2008)
04/09/2008207 Joint STIPULATION for Modification of Conditions of Release filed by Defendant Arthur Yavelburg (Attachments: # 1 Proposed Order # 2 Proof of Service)(Marino, Nina) (Entered: 04/09/2008)
04/14/2008211 ORDER by Judge Philip S. Gutierrez as to Defendant Arthur Yavelburg, Granting Stipulation to Modify Conditions of Release as follows: 207 Defendant Arthur Yavelberg is permitted unrestricted domestic travel provided defendant communicate general dates and destinations to his pre trial services officer. (es) (Entered: 04/14/2008)
05/22/2008212  STIPULATION to Continue sentencing date from June 9, 2008 to November 10, 2008 filed by Plaintiff USA as to Defendant David S Wong (Attachments: # 1 Proposed Order)(Johns, Joseph) (Entered: 05/22/2008)
05/27/2008213 ORDER TO CONTINUE sentencing by Judge Philip S. Gutierrez as to Defendant David S Wong re stip 212 . Sentencing set for 11/10/2008 09:00 AM before Judge Philip S. Gutierrez. (ps) (Entered: 05/27/2008)
06/20/2008214 GOVERNMENT'S RESPONSE TO PRESENTENCE REPORT filed by Plaintiff USA as to Defendant David S Wong (Johns, Joseph) (Entered: 06/20/2008)
06/23/2008215 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error was found Incorrect event selected. Correct event is Miscellaneous Filings RE: Miscellaneous Document 214 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (es) (Entered: 06/23/2008)
07/15/2008216 MINUTES OF IN CHAMBERS ORDER by Judge Judge Philip S. Gutierrez:PLEASE TAKE NOTICE that at counsels request, a change of plea hearing is hereby set for Monday, September 8, 2008 at 9:00 a.m. for the above-referenced defendants. Counsel are reminded that courtesy copies of all electronically filed documents must be delivered directly to Chambers the following business day before Noon. Further, courtesy copies must include the E-Filed Notice and/or E-Filed Header. (es) (Entered: 07/17/2008)
07/22/2008217 PROPOSED VOIR DIRE QUESTIONS filed by Plaintiff USA as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company (Johns, Joseph) (Entered: 07/22/2008)
07/31/2008218  STIPULATION to Continue sentencing date from August 11, 2008 to November 17, 2008 filed by Plaintiff USA as to Defendant Henry C.D. Yip (Attachments: # 1 Proposed Order)(Johns, Joseph) (Entered: 07/31/2008)
08/06/2008219  STIPULATION to Continue sentencing date from August 25, 2008 to November 17, 2008 filed by Plaintiff USA as to Defendant T.P. Company (Attachments: # 1 Proposed Order)(Johns, Joseph) (Entered: 08/06/2008)
08/06/2008220  STIPULATION to Continue sentencing date from August 25, 2008 to November 17, 2008 filed by Plaintiff USA as to Defendant Henry C.D. Yip (Attachments: # 1 Proposed Order)(Johns, Joseph) (Entered: 08/06/2008)
08/11/2008221 NOTICE OF MOTION AND MOTION for Return of Property (PreTrial). Property described as: Minor's Passport. Filed by Plaintiff Peter Xuong Lam as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company Motion set for hearing on 9/9/2008 at 09:00 AM before Judge Philip S. Gutierrez. (Attachments: # 1 Proposed Order Re: Return of Property)(Rutherford, Jeffrey) (Entered: 08/11/2008)
08/11/2008222 ORDER RE: CONTINUANCE OF SENTENCING by Judge Philip S. Gutierrez as to Defendant T.P. Company: For good cause shown, IT IS HEREBY ORDERED THAT: The sentencing in this matter is continued from August 25, 2008 at 10:00 a.m. until November 17, 2008 at 10:00 a.m. (bm) (Entered: 08/12/2008)
08/11/2008223 ORDER RE: CONTINUANCE OF SENTENCING AND DATE by Judge Philip S. Gutierrez as to Defendant Henry C.D. Yip: For good cause shown, IT IS HEREBY ORDERED THAT:The sentencing in this matter is continued from August 25, 2008 at 10:00 a.m. until November 17, 2008 at 10:00 a.m. (bm) (Entered: 08/13/2008)
08/13/2008224 NOTICE of Errata filed by Plaintiff Peter Xuong Lam as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company RE: Order to Continue Trial, Change of Plea or Sentencing, 222 , MOTION for Return of Property (PreTrial). Property described as: Minor's Passport. MOTION for Return of Property (PreTrial). Property described as: Minor's Passport. MOTION for Return of Property (PreTrial). Property described as: Minor's Passport. MOTION for Return of Property (PreTrial). Property described as: Minor's Passport. 221 . (Rutherford, Jeffrey) (Entered: 08/13/2008)
08/14/2008225 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error was found: MOTION for Return of Property 221 is noticed for a Tuesday at 9:00 am. Judge Gutierrez hears Criminal Motions on Mondays at 10:00 am. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (bm) (Entered: 08/14/2008)
08/14/2008226 MINUTES OF IN CHAMBERS ORDER by Judge Judge Philip S. Gutierrez re DEFENDANT'S MOTION FOR RETURN OF PROPERTY FILED AUGUST 12, 2008 (DOCUMENT #221 & 224): PLEASE TAKE NOTICE, that the above-referenced motion is hereby set for 10:00 a.m. instead of 9:00 a.m., as previously noticed. The September 08, 2008 hearing date shall remain on the Court's calendar. (bm) (Entered: 08/15/2008)
08/20/2008227  STIPULATION for Order Government's Use of Defendant Peter Xuong Lam's Statement's and Request to Moot and Withdraw Defendant Peter Xuong Lam's Motion to Suppress Statements filed by Plaintiff USA as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company (Attachments: # 1 Proposed Order)(Johns, Joseph) (Entered: 08/20/2008)
08/22/2008232 ORDER RE: GOVERNMENT'S USE OF DEFENDANT PETER XUONG LAM'S STATEMENTS AND REQUEST TO MOOT AND WITHDRAW DEFENDANT PETER XUONG LAM'S MOTION TO SUPRESS STATEMENTS by Judge Philip S. Gutierrez as to Defendant Peter Xuong Lam, re Stipulation for Order 227 : For good cause shown, IT IS HEREBY ORDERED THAT: (1) The government shall not use, refer to, or offer into evidence during its case-in-chief any statement made by defendant PETER XUONG LAM to Special Agent Sara Block on June 21, 2005. (2) The government may use, refer to, or offer into evidence any statement made by defendant PETER XUONG LAM to Special Agent Sara Block on June 21, 2005, as impeachment evidence or evidence of a prior inconsistent statement if defendant testifies at trial. (3) Defendan PETER XUONG LAM's motion to supress statements is therefore moot and withdrawn from consideration by the Court. (bm) (Entered: 08/27/2008)
08/25/2008228 NOTICE of Under Seal Filing filed by Plaintiff Virginia Star Seafood Corporation, International Sea Products Corporation, Peter Xuong Lam as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company (Rutherford, Jeffrey) (Entered: 08/25/2008)
08/25/2008229 NOTICE of Withdraw as Counsel for Corporate Entities filed by Plaintiff Virginia Star Seafood Corporation, International Sea Products Corporation, Peter Xuong Lam as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company (Attachments: # 1 Exhibit A - E to Motion to Withdraw as Counsel, # 2 Exhibit F-J to Motion to Withdraw as Counsel)(Rutherford, Jeffrey) (Entered: 08/25/2008)
08/26/2008230 NOTICE of Manually Filed Voluminous Document in Support of Motion to Withdraw as Counsel for Corporate Entities filed by Plaintiff Virginia Star Seafood Corporation, International Sea Products Corporation, Peter Xuong Lam as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company (Rutherford, Jeffrey) (Entered: 08/26/2008)
08/26/2008231 NOTICE OF LODGING filed by Plaintiff Virginia Star Seafood Corporation, International Sea Products Corporation, Peter Xuong Lam as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company (Attachments: # 1 Proposed Order Re: Withdrawal as Counsel for Corporate Entities)(Rutherford, Jeffrey) (Entered: 08/26/2008)
08/27/2008248 REPORTER'S TRANSCRIPT OF PROCEEDINGS ON DECEMBER 5, 2007, filed by Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Peter Xuong Lam RE: Notice of Withdrawl 229 in support of Motion to Withdraw as Counsel for Corporate Entities. (bm) (Entered: 09/05/2008)
08/28/2008236 Seal Document- Government's Opposition to Motion to Withdraw as Counsel for Corporate Entities filed by Plaintiff USA as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company (Attachments: # 1 Exhibit A)(Johns, Joseph) Modified on 9/18/2008 (mat). (Entered: 08/28/2008)
09/02/2008237 NOTICE of additional assignment for the United States Attorney; Department of Justice Attorney Elinor Colbourn filed by Plaintiff USA as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company (Johns, Joseph) (Entered: 09/02/2008)
09/02/2008238 PLEA AGREEMENT filed by Plaintiff USA as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company (Johns, Joseph) (Entered: 09/02/2008)
09/02/2008239 PLEA AGREEMENT filed by Plaintiff USA as to Defendant Dakon International (Johns, Joseph) (Entered: 09/02/2008)
09/02/2008240 PLEA AGREEMENT filed by Plaintiff USA as to Defendant Tai Wai David Chu (Johns, Joseph) (Entered: 09/02/2008)
09/02/2008242 THIRD SUPERSEDING INFORMATION filed as to Tai Wai David Chu (14) count(s) 1s, Dakon International (15) count(s) 2s. (bm) (Entered: 09/04/2008)
09/02/2008243 CASE SUMMARY filed by AUSA Joseph O. Johns as to Defendant Tai Wai David Chu; defendants Year of Birth: 1954. (bm) (Entered: 09/04/2008)
09/02/2008244 CASE SUMMARY filed by AUSA Joseph O. Johns as to Defendant Dakon International. (bm) (Entered: 09/04/2008)
09/02/2008245 MEMORANDUM filed by Plaintiff USA as to Defendant Tai Wai David Chu, Dakon International re Magistrate Judge Jacqueline Chooljian, Magistrate Judge Patrick J. Walsh, Magistrate Judge Jennifer T. Lum, Magistrate Judge Jeffrey W. Johnson.(bm) (Entered: 09/04/2008)
09/02/2008246 MEMORANDUM filed by Plaintiff USA as to Defendant Tai Wai David Chu, Dakon International re Judge Stephen G. Larson. (bm) (Entered: 09/04/2008)
09/03/2008241 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error was found RE: Notice of Withdrawl of Counsel 229 . Incorrect event selected. Correct event is Motions-Withdraw as Attorney. Hearing information is missing, incorrect, or not timely. Motion hearing date is not indicated in the text of the docket entry. The attached document notices the motion for 9/15/08 at 9:00 am. Criminal motions are to be noticed for 10:00 am. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (bm) (Entered: 09/03/2008)
09/04/2008247  STIPULATION to Continue Motions By Defendants Peter Xuong Lam, Virginia Star Seafood Corporation, and International Sea Products from September 8, 2008 to September 15, 2008 filed by Plaintiff USA as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company (Attachments: # 1 Proposed Order)(Johns, Joseph) (Entered: 09/04/2008)
09/05/2008249 Government's Opposition to Defendant Peter Xuong Lam's Motion for Return of Property filed by Plaintiff USA as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company (Johns, Joseph) (Entered: 09/05/2008)
09/05/2008250 NOTICE of Change of Attorney Information for attorney Jennifer Jue Uyeda counsel for Virginia Star Seafood Corporation, Peter Xuong Lam.Jennifer J. Uyeda is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by defendant Virginia Star Seafood and Peter Lam (Uyeda, Jennifer) (Entered: 09/05/2008)
09/05/2008251  STIPULATION to Continue Motions By Defendants Peter Xuong Lam, Virginia Star Seafood Corporation, and International Sea Products from September 8, 2008 to September 15, 2008 filed by Plaintiff USA as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company (Attachments: # 1 Proposed Order)(Johns, Joseph) (Entered: 09/05/2008)
09/08/2008252 REPLY MEMORANDUM IN SUPPORT OF MOTION TO WITHDRAW AS COUNSEL FOR CORPORATE ENTITIES filed by Plaintiff Virginia Star Seafood Corporation, International Sea Products Corporation, Peter Xuong Lam as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company Re: Notice (Other), Notice (Other), Notice (Other), Notice (Other) 229 (Rutherford, Jeffrey) (Entered: 09/08/2008)
09/08/2008253 MINUTES OF IN CHAMBERS ORDER by Judge Judge Philip S. Gutierrez re ARRAIGNMENT ON THE 3RD SUPERSEDING INFORMATION AND CHANGE OF PLEA: PLEASE TAKE NOTICE that on the Courts own motion, the above-referenced matters are hereby continued to Friday, September 12, 2008 at 9:00 a.m. (bm) (Entered: 09/08/2008)
09/08/2008254 REPLY in support MOTION for Return of Property (PreTrial). Property described as: Minor's Passport. MOTION for Return of Property (PreTrial). Property described as: Minor's Passport. MOTION for Return of Property (PreTrial). Property described as: Minor's Passport. MOTION for Return of Property (PreTrial). Property described as: Minor's Passport. 221 filed by Defendant Peter Xuong Lam. (Rutherford, Jeffrey) (Entered: 09/08/2008)
09/08/2008255 NOTICE OF MOTION AND MOTION for Disclosure For In Camera Inspection of the Probation Files and Presentence Reports of Co-Defendants Henry C. D. Yip, David S. Wong, and Tai Wai David Chu Filed by Plaintiff Virginia Star Seafood Corporation, International Sea Products Corporation, Peter Xuong Lam as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company Motion set for hearing on 9/29/2008 at 10:00 AM before Judge Philip S. Gutierrez. (Attachments: # 1 Proposed Order Regarding Probation Files and Presentence Reports of Co-Defendants Henry C. D. Yip, David S. Wong, and Tai Wai David Chu)(Rutherford, Jeffrey) (Entered: 09/08/2008)
09/08/2008256 ORDER RE: CONTINUANCE OF MOTIONS BY DEFENDANTS PETER XUONG LAM, VIRGINIA STAR SEAFOOD CORPORATION, AND INTERNATIONAL SEA PRODUCTS by Judge Philip S. Gutierrez as to Defendants Virginia Star Seafood Corporation, International Sea Products Corporation, Peter Xuong Lam, re Stipulation to Continue 251 : For good cause shown, IT IS HEREBY ORDERED THAT: (1) Defendant Peter Xuong Lam's Motion to Return Property be continued from September 8, 2008 at 10:00 a.m. to September 15, 2008 at 11:00 a.m. (2) Defendants Virginia Star Seafood Corporation and International Sea Products Motion to Withdraw as Counsel be continued from September 15, 2008 at 9:00 a.m. to September 15, 2008 at 11:00 a.m. (bm) (Entered: 09/09/2008)
09/10/2008257 REPLY MOTION for Disclosure For In Camera Inspection of the Probation Files and Presentence Reports of Co-Defendants Henry C. D. Yip, David S. Wong, and Tai Wai David Chu 255 filed by Plaintiff USA as to Defendant Virginia Star Seafood Corporation, et al.. (Johns, Joseph) (Entered: 09/10/2008)
09/11/2008258 NOTICE OF MOTION AND MOTION in Limine to Preclude Tainted Evidence Filed by Plaintiff Peter Xuong Lam as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Boss, L.) (Entered: 09/11/2008)
09/12/2008260 MINUTES OF Change of Plea Hearing held before Judge Philip S. Gutierrez as to Defendant Tai Wai David Chu. Defendant sworn. Court questions defendant regarding the plea. The Defendant Tai Wai David Chu (14) pleads GUILTY to Count 1 of the Third Superseding Information. The plea is accepted. The Court ORDERS the preparation of a Presentence Report. Sentencing set for 1/5/2009 at 10:00 AM. The Court further ORDERS defendant to cooperate with Probation in the preparation of a PSI report, and ordered to return for sentencing on date indicated above. Waiver of indictment accepted and filed in open Court. Court Reporter: Miriam Baird. (bm) (Entered: 09/15/2008)
09/12/2008261 WAIVER OF INDICTMENT by Defendant Tai Wai David Chu before Judge Philip S. Gutierrez. (bm) (Additional attachment(s) added on 9/17/2008: # 1 Main Document) (ab). (Entered: 09/15/2008)
09/12/2008262 MINUTES OF Change of Plea Hearing held before Judge Philip S. Gutierrez as to Defendant Dakon International. Court and counsel confer regarding defendant Tai Wai David Chu official capacity to the company. Court acknowledges defendant as the official officer of the company. Defendant sworn. Court questions defendant regarding the plea. The Defendant Dakon International (15) pleads GUILTY to Count 2 of the Third Superseding Information. The plea is accepted. The Court ORDERS the preparation of a Presentence Report. Sentencing set for 1/5/2009 at 10:00 AM. The Court further ORDERS defendant to cooperate with Probation in the preparation of a PSI report,and ordered to return for sentencing on date indicated above. Waiver of indictment accepted and filed in open Court. Court Reporter: Miriam Baird. (bm) (Entered: 09/15/2008)
09/12/2008263 WAIVER OF INDICTMENT by Defendant Dakon International before Judge Philip S. Gutierrez. (bm) (Additional attachment(s) added on 9/17/2008: # 1 Main Document) (ab). (Entered: 09/15/2008)
09/15/2008259 SUPPLEMENTAL EXHIBIT K IN SUPPORT OF MOTION TO WITHDRAW AS COUNSEL FOR CORPORATE ENTITIES filed by Plaintiff Virginia Star Seafood Corporation, International Sea Products Corporation, Peter Xuong Lam as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company (Attachments: # 1 Exhibit SUPPLEMENTAL EXHIBIT K IN SUPPORT OF MOTION TO WITHDRAW AS COUNSEL FOR CORPORATE ENTITIES)(Rutherford, Jeffrey) (Entered: 09/15/2008)
09/15/2008264 MINUTES OF Motion Hearing held before Judge Philip S. Gutierrez as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Peter Xuong Lam, re 1. DEFENDANT PETER XUONG LAM'S MOTION FOR RETURN OF PROPERTY FILED 08-11-08 (DOC 221)/CORRECTED (DOC 224); 1. DEFENDANTS VIRGINIA STAR SEAFOOD CORPORATION, INTERNATIONAL SEA PRODUCTS CORPORATION, AND PETER XUONG LAM'S MOTION TO WITHDRAW AS COUNSEL FOR CORPORATE ENTITIES FILED 08-25-08 (DOC. 229): Defendant Lam is not present at today's proceedings pursuant to the Waiver of Presence filed July 7, 2007. The Court hears oral argument regarding the above-referenced motions. The Court hereby DENIES WITHOUT PREJUDICE Defendant Peter Xuong Lam's Motion for Return of Property, except with regard to Richard Lams passport. Such passport shall be turned over to Mr. Rutherford, so that he may keep it in a secure place, and not transfer it to anyone. In the event Richard Lam needs his passport, Mr. Rutherford shall bring it to the attention of the pretrial services and the Court. The Court proceeds to hear oral argument regarding Defendants Virginia Star Seafood Corporation, International Sea Products Corporation, and Peter Xuong Lam's Motion to Withdraw as Counsel for Corporate Entities, and GRANTS the motion. Mr. Rutherford is relieved as counsel of record for Defendants Virginia Star Seafood Corporation and International Sea Products Corporation. The Court approves the electronic filing of Government's request to appoint counsel for Defendants Virginia Star Seafood Corporation and International Sea Products Corporation. The Court proceeds to address motions pending on the Court's calendar, and ORDERS the following: 1. Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, and Peter Xuong Lam's Motion to Suppress Evidence for Lack of Probable Cause Filed 12-03-07 (Doc. 124) - HEREBY MOOT 2. Government's Motion for an Order Compelling Handwriting Exemplars Filed 12-03-07 (Doc. 125)- HEREBY MOOT 3. Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, and Peter Xuong Lam's Motion to Disclose for in Camera Inspection the Probation Files and Pre-sentence Reports of Co-Defendants Henry C.D. Yip, David S. Wong, and Tai Wai David Chu Filed 09-08-08 (Doc. 255) - HEREBY MOOT 4. Defendant David S. Wong's Motion to Dismiss Indictment Filed November 27, 2007 (Doc. 117) - Defense counsel waives hearing. Accordingly, the Court takes this motion UNDER SUBMISSION. However, Defendant Peter Xuong Lam may file a separate motion to dismiss Indictment. At defense counsel's request, Government's Opposition to Motion to Withdraw as Counsel for Corporate Entities, filed August 28, 2008 (Doc. 236) is hereby placed UNDER SEAL. Lastly, the Court hereby sets a Status Conference for Monday, October 6, 2008 at 11:30 a.m. Out of town attorneys may appear telephonically. Accordingly, Mr. Rutherford shall provide the Clerk with one phone number in order for the Clerk to initiate the conference call. This telephone number shall be provided at least two days before the hearing. The Court further represents to counsel that trial estimate shall be five days. Court Reporter: Miriam Baird. (bm) (Entered: 09/18/2008)
09/15/2008268 Amended MINUTES OF Motion Hearing held before Judge Philip S. Gutierrez as to Defendant, Peter Xuong Lam, re MOTION for Return of Property (PreTrial). Property described as: Minor's Passport. 221 ; Defendant Lam is not present, pursuant to Waiver of Presence filed July 7, 2007. The Court DENIES defendant, Peter Xuong Lam's motion for return of property, without prejudice, except with regard to Richard Lam's passport. Such passport shall be turned over to Mr. Rutherford, so that he may keep in in a secure place, and not transfer it to anyone. In the event Richard Lam needs his passport, Mr. Rutherford shall bring it to the attention of the pretrial services and the Court. The Court proceeds to hear oral argument regarding defendants Virginia Star Seafood Corporation, International Sea Products Corporation and Peter Xuong Lam's motion to withdraw as counsel for Corporate Entities, and GRANTS the motion. *Mr. Rutherford and Mr. Barrett Boss are both relieved as counsel of record to defendants, Virginal Star Seafood Corporation and International Sea Products Corporation. The Court approves the electronic filing of Government's request to appoint counsel for defendants Virgina Star Seafood and International Sea Products Corporations. The Court proceeds to address the motions pending and ORDERS the following: 1) Defendant Virginia Star Seafood Corp, International Seal Products Corporation and Peter Xuong Lam's motion to suppress evidence for lack of probable cause 124 is HEREBY MOOT; 2) Government's motion for an order compelling handwriting exemplars 125 is HEREBY MOOT; 3) Defendant Virginia Star Seafood, Intermational Sea Products Corporations and Peter Xuong Lam's motion to disclose for in camera inspection the probation files and pre-sentence reports of co-defendants Henry C.D. Yip, DAvid S. Wong and Tai Wai David Chu 255 is HEREBY MOOT; 4) Defendant David S. Wong's motion to dismiss indictment 117 , defense counsel waives hearing. According, the Court takes this motion UNDER SUBMISSION. However, Defendant Peter Xuong Lam may file a separate motion to dismiss Indictment. At defense request, Government's oppostion to motion to withdraw as counsel for Corporate Entities 236 is placed UNDER SEAL. Lastly, the court hereby sets a Status Conference for 10/6/2008 11:30 AM before Judge Philip S. Gutierrez. Out of town attorneys may appear telephonically. Accordingly, Mr. Rutherford shall provide the Clerk with one phone number in order for the Clerk to initiate the conference call, as least two days before the hearing. The Court represents that trial estimate shall be five days. Court Reporter: Miriam Baird. (da) Modified on 9/26/2008 (da). (Entered: 09/26/2008)
09/18/2008265 ORDER by Judge Philip S. Gutierrez as to Defendant David S Wong, Tai Wai David Chu, Henry C.D. Yip, Regarding Probation Probation Files and Presentence Reports of Co-Defendants Henry C. D. Yip, David S. Wong, and Tai Wai David Chu 255 . (es) (Entered: 09/19/2008)
09/26/2008266  EX PARTE APPLICATION for Order Shortening Time to To Shorten Time and Waive Hearing Regarding Defendant Peter Lam's Motion to Dismiss Indictment. Filed by Plaintiff Peter Xuong Lam as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company (Attachments: # 1 Proposed Order Re: Application to Shorten Time and Waive Hearing Regarding Defendant Peter Lam's Motion to Dismiss Indictment)(Rutherford, Jeffrey) (Entered: 09/26/2008)
09/26/2008267 NOTICE OF MOTION AND MOTION to Dismiss Case Dismiss Indictment Filed by Plaintiff Peter Xuong Lam as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company (Attachments: # 1 Proposed Order Dismiss Indictment)(Rutherford, Jeffrey) (Entered: 09/26/2008)
09/29/2008269 NOTICE OF MOTION AND First MOTION in Limine to Exclude certain evidence and argument; supporting memorandum of points and authorities Filed by Plaintiff USA as to Defendant Peter Xuong Lam, Arthur Yavelburg Motion set for hearing on 10/14/2008 at 08:30 AM before Judge Philip S. Gutierrez. (Attachments: # 1 Proposed Order)(Johns, Joseph) (Entered: 09/29/2008)
10/01/2008270 RESPONSE IN OPPOSITION to MOTION to Dismiss Case 267 , filed by Plaintiff USA as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company (Johns, Joseph) (Entered: 10/01/2008)
10/01/2008271 TRIAL BRIEF filed by Plaintiff USA as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company (Johns, Joseph) (Entered: 10/01/2008)
10/01/2008272  EX PARTE APPLICATION for Order for unseal plea agreement of defendants Henry C.D. Yip and T.P. Company Filed by Plaintiff USA as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company (Attachments: # 1 Proposed Order)(Johns, Joseph) (Entered: 10/01/2008)
10/01/2008273 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error was found: First MOTION in Limine to Exclude certain evidence and argument; supporting memorandum of points and authorities 269 has incorrect time noticed. Motion in Limine for first day of trial should be noticed for 9:00 am. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (bm) (Entered: 10/01/2008)
10/02/2008274 NOTICE OF MOTION AND MOTION for Joinder as to Notice of Joinder in Motion to Dismiss Indictment Filed by Defendant Peter Xoung Lam. Filed by Defendant Arthur Yavelburg Motion set for hearing on 10/14/2008 at 09:00 AM before Judge Philip S. Gutierrez. (Attachments: # 1 Proof of Service)(Marino, Nina) (Entered: 10/02/2008)
10/02/2008275 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error was found: Trial Brief 271 has incorrect document attached to the docket entry. Document attached to the entry is titled Joint Statement of the Case. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (bm) (Entered: 10/02/2008)
10/02/2008276 ORDER RE: GOVERNMENT'S EX PARTE APPLICATION TO UNSEAL PLEA AGREEMENT OF DEFENDANTS HENRY C.D. YIP AND T.P. COMPANY by Judge Philip S. Gutierrez re EX PARTE APPLICATION for Order for unseal plea agreement of defendants Henry C.D. Yip and T.P. Company 272 : For good cause shown, IT IS HEREBY ORDERED that the plea agreements for co-defendants HENRY C.D. YIP and T.P. COMPANY be unsealed. (bm) (Entered: 10/02/2008)
10/03/2008277 REPLY In Support of Motion MOTION to Dismiss Case Dismiss Indictment 267 filed by Defendant Peter Xuong Lam. (Rutherford, Jeffrey) (Entered: 10/03/2008)
10/06/2008278 MINUTES OF Telephonic Status Conference held before Judge Philip S. Gutierrez as to Defendants Virginia Star Seafood Corporation, International Sea Products Corporation, Peter Xuong Lam, Arthur Yavelburg: All attorneys make a telephonic appearance. Mr. Rutherford explains that the reason the government requested the unsealing of defendant Yip and defendant T.P. Companys plea agreement was because those were the only two plea agreements filed under seal. Government informs the Court that the materials submitted to the Probation Office for defendant Wong were previously provided to defendants. The Court informs counsel that portions of the redacted pre-sentence report and defendant Yip's one-page handwritten statement shall be made available to counsel. The Court orders counsel to submit briefing not later than Friday, October 10, 2008 on the issue concerning Defendant Peter Xuong Lams Motion in Limine Regarding Tainted Evidence, filed September 11, 2008 (doc. 267). Next, the Court confers with counsel regarding trial estimate, jury instructions and jury impanelment. It is agreed that the trial will last 10 days. Lastly, the Court orders counsel to submit proposed voir dire questions, and suggestions regarding the amount of peremptories each side should have given there are two defendants going to trial on October 14, 2008. Court Reporter: Miriam Baird. (bm) (Entered: 10/07/2008)
10/07/2008279 NOTICE of Change of Attorney Information for attorney Jeffrey H Rutherford counsel for Peter Xuong Lam. Changing Firm Name to Crowell & Moring LLP. Changing e-mail to jrutherford@crowell.com. Filed by Defendant Peter X. Lam (Rutherford, Jeffrey) (Entered: 10/07/2008)
10/07/2008280 TRIAL MEMORANDUM filed by Plaintiff USA as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company (Attachments: # 1 Attachment 1, # 2 Attachment 2)(Johns, Joseph) (Entered: 10/07/2008)
10/07/2008281 PROPOSED VOIR DIRE QUESTIONS filed by Defendant Arthur Yavelburg (Attachments: # 1 Proof of Service)(Marino, Nina) (Entered: 10/07/2008)
10/07/2008288 SEALED DOCUMENT- MINUTES OF IN CHAMBERS PROCEEDINGS: Under Seal (mat) (Entered: 10/09/2008)
10/08/2008282  OPPOSITION to MOTION in Limine to Exclude certain evidence and argument; supporting memorandum of points and authorities 269 filed by Defendant Arthur Yavelberg. (Attachments: # 1 Proof of Service)(Marino, Nina) (Entered: 10/08/2008)
10/08/2008283 NOTICE OF MOTION AND First MOTION in Limine to Exclude Evidence Supporting Memorandum of Points and Authorities Filed by Defendant Arthur Yavelburg Motion set for hearing on 10/14/2008 at 08:30 AM before Judge Philip S. Gutierrez. (Attachments: # 1 Proposed Order, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Proof of Service)(Marino, Nina) (Entered: 10/08/2008)
10/08/2008284 NOTICE OF MOTION AND MOTION in Limine Requesting Production of Co-Conspirator StatementsFiled by Defendant Peter Xuong Lam Motion set for hearing on 10/14/2008 at 09:00 AM before Judge Philip S. Gutierrez.(Rutherford, Jeffrey) (Entered: 10/08/2008)
10/08/2008285 PROPOSED JURY VERDICT filed by Plaintiff USA as to Defendant Peter Xuong Lam, Arthur Yavelburg (Johns, Joseph) (Entered: 10/08/2008)
10/08/2008286 PROPOSED JURY INSTRUCTIONS (Annotated Set set) filed by Plaintiff USA as to Defendant Peter Xuong Lam, Arthur Yavelburg (Johns, Joseph) (Entered: 10/08/2008)
10/08/2008287 PROPOSED JURY INSTRUCTIONS (Clean Set set) filed by Plaintiff USA as to Defendant Peter Xuong Lam, Arthur Yavelburg (Johns, Joseph) (Entered: 10/08/2008)
10/09/2008289 PROPOSED JURY INSTRUCTIONS (Unannotated set) filed by Defendant Arthur Yavelburg (Attachments: # 1 Proof of Service)(Marino, Nina) (Entered: 10/09/2008)
10/09/2008290 REPLY filed by Plaintiff USA as to Defendant Peter Xuong Lam, Arthur Yavelburg Government's Reply to Defendants' Opposition to the Government's Motion In Limine (Johns, Joseph) (Entered: 10/09/2008)
10/09/2008291 PROPOSED JURY INSTRUCTIONS (Annotated Set set) filed by Plaintiff USA as to Defendant Peter Xuong Lam, Arthur Yavelburg (Johns, Joseph) (Entered: 10/09/2008)
10/09/2008292 PROPOSED JURY INSTRUCTIONS (Unannotated Set set) filed by Plaintiff USA as to Defendant Peter Xuong Lam, Arthur Yavelburg (Johns, Joseph) (Entered: 10/09/2008)
10/09/2008293 Government's Submission of Declarations Re Defendant Peter Xuong Lam's Motion In Limine for Taint Hearing for Evidence seized from 11228 Wilburn Location filed by Plaintiff USA as to Defendant Peter Xuong Lam, Arthur Yavelburg (Johns, Joseph) (Entered: 10/09/2008)
10/09/2008294 Government's Opposition to Defendant Yavelberg's First Motion In Limine to Exclude Evidence filed by Plaintiff USA as to Defendant Peter Xuong Lam, Arthur Yavelburg (Johns, Joseph) (Entered: 10/09/2008)
10/10/2008295 Government's Opposition to Defendant Peter Xuong Lam's Motion In Limine for Production of Alleged Co-Conspirator Statements and Preliminary Finds of Fact as to Admissibility of Such Statements filed by Plaintiff USA as to Defendant Peter Xuong Lam, Arthur Yavelburg (Johns, Joseph) (Entered: 10/10/2008)
10/10/2008296 PROPOSED JURY INSTRUCTIONS (Annotated Set set) filed by Plaintiff USA as to Defendant Peter Xuong Lam, Arthur Yavelburg (Johns, Joseph) (Entered: 10/10/2008)
10/10/2008297 PROPOSED JURY INSTRUCTIONS (Unannotated Set set) filed by Plaintiff USA as to Defendant Peter Xuong Lam, Arthur Yavelburg (Johns, Joseph) (Entered: 10/10/2008)
10/10/2008298 NOTICE of Errata filed by Defendant Arthur Yavelburg RE: Jury Instructions (Proposed) 289 . (Attachments: # 1 Proof of Service)(Marino, Nina) (Entered: 10/10/2008)
10/10/2008299 NOTICE of Errata filed by Defendant Arthur Yavelburg RE: Jury Instructions (Proposed) 289 . (Attachments: # 1 Proof of Service)(Marino, Nina) (Entered: 10/10/2008)
10/10/2008300 PROPOSED JURY INSTRUCTIONS (Annotated set) filed by Defendant Arthur Yavelburg (Attachments: # 1 Proof of Service)(Marino, Nina) (Entered: 10/10/2008)
10/10/2008301 PROPOSED JURY INSTRUCTIONS (Clean set) filed by Defendant Arthur Yavelburg (Attachments: # 1 Proof of Service)(Marino, Nina) (Entered: 10/10/2008)
10/10/2008302  EX PARTE APPLICATION for Order for compelling testimony of WING KWONG Filed by Plaintiff USA as to Defendant Peter Xuong Lam, Arthur Yavelburg (Attachments: # 1 Proposed Order government application for order compelling testimony of WING KWONG)(Johns, Joseph) (Entered: 10/10/2008)
10/10/2008303 OBJECTION to Jury Instructions (Proposed) 296 , filed by Defendant Arthur Yavelburg Defendants' Objections to Government's Proposed Jury Instructions (Attachments: # 1 pROOF OF sERVICE)(Marino, Nina) (Entered: 10/10/2008)
10/10/2008304 Governments Proposed Redacted Indictment filed by Plaintiff USA as to Defendant Peter Xuong Lam, Arthur Yavelburg (Johns, Joseph) (Entered: 10/10/2008)
10/10/2008308 MINUTES OF TELEPHONIC STATUS CONFERENCE held before Judge Philip S. Gutierrez as to Defendants Peter Xuong Lam, Arthur Yavelburg: All attorneys make a telephonic appearance. Counsel informs the Court that for trial purposes, defendant Lam will required a Vietnamese interpreter, and two witnesses for the government will require a Cantonese and Vietnamese interpreter. The Court orders government counsel to notify the Clerk at least 2 days in advance, when the Cantonese interpreter shall be needed. Next, the Court confers with counsel regarding the government's proposed jury instructions, and orders defense counsel to submit not later than Tuesday, October 14, 2008, objections to those instructions. Next, Mr. Boss represents to the Court that no hearing and no ruling is necessary at this time for Defendant Peter Xuong Lam's Motion in Limine Regarding Tainted Evidence (DOC. 258). However, attorneys for Defendant Lam reserve the right based on the developments at trial, to revisit the motion. The Court proceeds to confer with counsel regarding the following motions, which at this time, are all considered under submission: 1. GOVTS MOTION IN LIMINE TO EXCLUDE CERTAIN EVIDENCE AND ARGUMENT FILED 9-29-08 (DOC. 269) 2. DEFENDANT ARTHUR YAVELBERG'S MOTION IN LMINE NO. 1 TO EXCLUDE EVIDENCE FILED 10/08/08 (DOC. 283) 3. DEFENDANT PETER XUONG LAM'S MOTION IN LIMINE OR PRODUCTION OF ALLEGED CO-CONSPIRATOR STATEMENTS AND PRELIMINARY FINDINGS OF FACT AS TO ADMISSIBILITY OF SUCH STATEMENTS FILED 10-08-08 (DOC. 284) 4. DEFENDANT PETER XUONG LAM'S MOTION TO DISMISS INDICTMENT E-FILED 09/26/08 (DOC. 267) 5. DEFENDANT ARTHUR YAVELBERG'S JOINDER IN MOTION TO DISMISS INDICTMENT FILED BY DEFENDANT PETER XUONG LAM FILED 10-02-08 (DOC. 274) Government counsel informs the Court that another copy of the redacted proposed Indictment shall be filed today in light of Mr. Rutherford's objections addressed on the record. Also, a list of potential witnesses shall be provided to the Court for voir dire purposes. Mr. Boss will also provide the government with a tentative list of potential witnesses. Ms. Wheat informs the Court that Defendant Yavelberg will be filing a Joinder to Defendant Peter Xuong Lam's Motion in Limine or Production of Alleged Co-conspirator Statements and Preliminary Findings of Fact as to Admissibility of Such Statements (Doc. 284). Finally, the Court confers with counsel regarding trial estimate, and is informed that stipulations shall be submitted soon addressing this matter. Counsel are reminded that courtesy copies of all electronically filed documents must be delivered directly to Chambers the following business day before Noon. Further, courtesy copies must include the E-Filed Notice and/or E-Filed Header. Court Reporter: Miriam Baird. (bm) (Entered: 10/14/2008)
10/13/2008305 REPLY Reply is in Support of a Motion First MOTION in Limine to Exclude Evidence Supporting Memorandum of Points and Authorities 283 filed by Defendant Arthur Yavelberg. (Attachments: # 1 Proof of Service)(Marino, Nina) (Entered: 10/13/2008)
10/13/2008306 Governments Objections to Defendants' Proposed Jury Instructions filed by Plaintiff USA as to Defendant Peter Xuong Lam, Arthur Yavelburg (Johns, Joseph) (Entered: 10/13/2008)
10/13/2008307 Governments Reply to Defendants' Objections to Government's Proposed Jury Instructions filed by Plaintiff USA as to Defendant Peter Xuong Lam, Arthur Yavelburg (Johns, Joseph) (Entered: 10/13/2008)
10/14/2008310 ORDER by Judge Philip S. Gutierrez as to Defendant Peter Xuong Lam, Arthur Yavelburg, GRANTING EX PARTE APPLICATION for Order for compelling testimony of WING KWONG 302 . (sce) (Entered: 10/15/2008)
10/14/2008312 MINUTES OF JURY TRIAL - 1st Day held before Judge Philip S. Gutierrez, jury selection begun as to Defendant Peter Xuong Lam (6) on Count 1,22-24,27 and Arthur Yavelburg (7) on Count 1,25,27. Jury empanelled and sworn. Jury Trial continued to 10/15/2008 at 9:00 AM. Other: The following motions were ruled on: 1. Defendant Peter Xuong Lam's Motion in Limine Regarding Tainted Evidence Filed 09-11-08 (Doc. 258) - MOOT 2. Govts Motion in Limine to Exclude Certain Evidence and Argument Filed 9-29-08 (Doc. 269) - GRANTED IN PART & DENIED IN PART 3. Defendant Arthur Yavelbergs Motion in Lmine No. 1 to Exclude EvidenceFiled 10/08/08 (Doc. 283) - DENIED WITHOUT PREJUDICE 4. Defendant Peter Xuong Lams Motion in Limine or Production of Alleged Co- conspirator Statements and Preliminary Findings of Fact as to Admissibility of Such Statements - DENIED WITHOUT PREJUDICE Filed 10-08-08 (Doc. 284) 5. Defendant Peter Xuong Lams Motion to Dismiss Indictment E-filed 09/26/08 (Doc. 267) - DENIED 6. Defendant Arthur Yavelbergs Joinder in Motion to Dismiss Indictment Filed by Defendant Peter Xuong Lam Filed 10-02-08 (Doc. 274)- DENIED. Court Reporter: Miriam Baird. (bm) (Entered: 10/16/2008)
10/15/2008309 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error was found: Notice of Errata 298 has incorrect or incomplete document attached to docket entry, case number is incorrect or missing, and title page is missing. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (bm) (Entered: 10/15/2008)
10/15/2008311 PROPOSED JURY INSTRUCTIONS (and Objections to Government's Proposed Jury Instructions Annotated set) filed by Defendant Arthur Yavelburg (Attachments: # 1 Proof of Service)(Marino, Nina) (Entered: 10/15/2008)
10/15/2008313 MINUTES OF Jury Trial - 2nd Day held before Judge Philip S. Gutierrez as to Defendants Peter Xuong Lam, Arthur Yavelburg. Opening statements made. Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial continued to 10/16/2008 at 8:30 AM. Court Reporter: Miriam Baird. (bm) (Entered: 10/16/2008)
10/16/2008316 MINUTES OF Jury Trial - 3rd Day held before Judge Philip S. Gutierrez as to Defendants Peter Xuong Lam, Arthur Yavelburg. Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial continued to 10/17/2008 at 9:00 AM before Judge Philip S. Gutierrez. Court Reporter: Miriam Baird. (bm) (Entered: 10/17/2008)
10/17/2008314 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error was found incorrect event selected. Correct event located under other filings: miscellaneous filings (non-motion) selcting objections-(non-motion); objection should be linked to base document RE: Miscellaneous Document 306 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (ab) Modified on 10/17/2008 (ab). (Entered: 10/17/2008)
10/17/2008315 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error was found incorrect event used; correct event located under other filings: miscellaneous filings (non-motion) selecting reply (non-motion); linking document to base document. RE: Miscellaneous Document 307 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (ab) (Entered: 10/17/2008)
10/17/2008318 MINUTES OF Jury Trial - 4th Day held before Judge Philip S. Gutierrez as to Defendants Peter Xuong Lam, Arthur Yavelburg. Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial continued to 10/21/2008 at 9:00 AM before Judge Philip S. Gutierrez. Court Reporter: Miriam Baird. (bm) (Entered: 10/21/2008)
10/20/2008317  EX PARTE APPLICATION for Order for compelling testimony of John Hanh Le Filed by Plaintiff USA as to Defendant Peter Xuong Lam, Arthur Yavelburg (Attachments: # 1 Proposed Order)(Johns, Joseph) (Entered: 10/20/2008)
10/20/2008319 ORDER by Judge Philip S. Gutierrez: the following document(s), Notice of Errata 298 , be STRICKEN, for the following reasons: incorrect document attached to the docket entry; case number missing; title page missing.; (da) (Entered: 10/21/2008)
10/21/2008320 ORDER RE: EX PARTE APPLICATION FOR ORDER COMPELLING TESTIMONY OF JOHN HANH LE by Judge Philip S. Gutierrez as to Defendants Peter Xuong Lam, Arthur Yavelburg, re EX PARTE APPLICATION for Order for compelling testimony of John Hanh Le 317 : NOW, THEREFORE, IT IS ORDERED pursuant to 18 U.S.C. ยง 6002 that JOHN HANH LE give testimony or provide other information which he refuses to give or to provide on the basis of his privilege against self-incrimination as to all matters about which he may be interrogated in the course of these proceedings. IT IS FURTHER ORDERED that no testimony or other information compelled under this order, or any information directly or indirectly derived from such testimony or information, shall be used against JOHN HANH LE in any criminal case, except that he shall not be exempted by this order from prosecution for perjury, giving a false statement, or otherwise failing to comply with this order. (bm) Modified on 10/22/2008 (bm). (Entered: 10/22/2008)
10/21/2008321 MINUTES OF Jury Trial - 5th Day held before Judge Philip S. Gutierrez as to Defendants Peter Xuong Lam, Arthur Yavelburg. Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial continued to 10/22/2008 at 10:30 AM. Court Reporter: Miriam Baird. (bm) (Entered: 10/22/2008)
10/22/2008322 MINUTES OF Jury Trial - 6th Day held before Judge Philip S. Gutierrez as to Defendants Peter Xuong Lam, Arthur Yavelburg. Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial continued to 10/23/2008 at 9:00 AM. Court Reporter: Miriam Baird. (bm) (Entered: 10/23/2008)
10/23/2008324 MINUTES OF Jury Trial - 7th Day held before Judge Philip S. Gutierrez as to Defendants Peter Xuong Lam, Arthur Yavelburg. Witnesses called, sworn and testified. Exhibits identified and admitted. Government rests. Motion for judgment of acquittal (FRCrP 29) is denied. Jury Trial continued to 10/24/2008 at 9:00 AM before Judge Philip S. Gutierrez. Other: Counsel request that motion in limine to exclude (Document 283) be granted, Court DENIES motion. Court Reporter: Miriam Baird. (bm) (Entered: 10/24/2008)
10/24/2008323  STIPULATION to Continue Sentencing from 11/10/08 to 01/26/09 filed by Defendant David S Wong (Attachments: # 1 Proposed Order)(Durkin, Thomas) (Entered: 10/24/2008)
10/24/2008325 MINUTES OF Jury Trial - 8th Day held before Judge Philip S. Gutierrez as to Defendant Peter Xuong Lam, Arthur Yavelburg. Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial continued to 10/27/2008 at 8:00 AM. Other: Court and counsel confer regarding jury instructions; plaintiff's counsel to submit draft of proposed jury instructions to defendants' counsel by no later than 6:00 p.m. today. Defendants' counsel to communicate with counsel regarding draft by no later than 12:00 noon, October 25, 2008. Counsel to e-mail to the Court Clerk at e-mail address: wendy_hernandez@cacd.uscourts.gov., by no lather than 6:00 p.m. Saturday, October 25, 2008. Court Reporter: Miriam Baird. (bm) (Entered: 10/24/2008)
10/27/2008326 MINUTES OF Jury Trial - 9th Day held before Judge Philip S. Gutierrez as to Defendants Peter Xuong Lam, Arthur Yavelburg. Witnesses called, sworn and testified. Exhibits identified and admitted. Defendants 6 & 7 rest. Motion for judgment of acquittal (FRCrP 29) is submitted. Closing arguments made by both parties. Court instructs jury. Jury Trial continued to 10/28/2008 at 8:30 AM. Court Reporter: Miriam Baird. (bm) (Entered: 10/28/2008)
10/28/2008328 MINUTES OF Jury Trial - 10th Day held before Judge Philip S. Gutierrez as to Defendants Peter Xuong Lam, Arthur Yavelburg. Exhibits admitted. Motion for judgment of acquittal (FRCrP 29) is denied. Closing arguments made both parties. Baliff sworn. Jury retires to deliberate. Jury Trial continue to 10/29/2008 at 9:00 AM. Defendant Yavelberg counsel moves for mistrial Court DENIES. Court and counsel confer regarding forfeiture issues. Oral stip by counsel entered in open Court as to forfeiture. Briefing schedule and motions will be set by the Court with respect to value of forfeited items. Court Reporter: Miriam Baird. (bm) (Entered: 10/29/2008)
10/29/2008327 ORDER RE: CONTINUANCE OF SENTENCING AND DATE FOR DEFENDANT DAVID S. WONG by Judge Philip S. Gutierrez as to Defendant David S Wong: For good cause shown, IT IS HEREBY ORDERED THAT: The sentencing in this matter is continued from November 10, 2008, at 10:00 a.m., until 01/26/2009, at 9:00 a.m. (bm) (Entered: 10/29/2008)
10/29/2008329 WITNESS LIST filed by Plaintiff USA. (da) (Entered: 10/30/2008)
10/29/2008330 Jury Instructions (Given) by Judge Philip S. Gutierrez (da) (Entered: 10/30/2008)
10/29/2008331 REDACTED INDICTMENT filed as to Peter Xuong Lam (6): Former count 22 is now count 2r. Former count 23 is now count 3r. Former count 24 is now count 4r. Former count 1 is now count 1r. Arthur Yavelburg (7): Former count 1 is now count 1r. Former count 25 is now count 5r. (bm) Modified on 11/4/2008 (bm). (Entered: 11/04/2008)
10/29/2008332 MINUTES OF Jury Trial - 11th Day held before Judge Philip S. Gutierrez as to Defendants Peter Xuong Lam, Arthur Yavelburg. Jury polled. Filed Witness & Exhibit lists. Filed Jury Notes. Filed Jury Instructions. Filed Jury Verdict. Verdict reached. Jury finds: Peter Xuong Lam (6) Guilty on Count 1r, 2r, 3r, 4r and Arthur Yavelburg (7) Guilty on Count 1r. Arthur Yavelburg (7) Not Guilty on Count 5r. Defendants referred to Probation Office for Investigation and Report. Referred to P.O. for Investigation & Report and continued for sentencing. Sentencing set for 2/23/2009 at 3:00 PM. Other: Court and counsel confer regarding jury instructions and the special verdict form, having heard from counsel the initial special verdict form will be filed UNDER SEAL AND NOT USED. Opening brief on forfeiture due by government on December 01, 2008; opposition due December 29, 2008; replies due January 26, 2009. Motion for new trial to be submitted on the same time frame as forfeiture issues. Defendant counsel must give notice to government by no later than November 17, 2008, of any notice of intent to file a motion for new trial. Defendant Lam bond to be modified to include electronic monitoring with home detention. Defendant Lam to report to pretrial services in Virginia by 12:00 noon, Monday, November 03, 2008. Defendant Yavelberg to remain on bond and must report to the probation department. Court Reporter: Miriam Baird. (bm) (Entered: 11/04/2008)
10/29/2008333 Jury Note (Number: 1) as to Peter Xuong Lam, Arthur Yavelburg. (bm) (Entered: 11/04/2008)
10/29/2008334 Jury Note (Number: 2) as to Peter Xuong Lam, Arthur Yavelburg. (bm) (Entered: 11/04/2008)
10/29/2008335 Jury Note (Number: 3) as to Peter Xuong Lam, Arthur Yavelburg. (bm) (Entered: 11/04/2008)
10/29/2008336 Jury Note (Number: 4) as to Peter Xuong Lam, Arthur Yavelburg. (bm) (Entered: 11/04/2008)
10/29/2008337 Jury Note (Number: 5) as to Peter Xuong Lam, Arthur Yavelburg. (bm) (Entered: 11/04/2008)
10/29/2008338 Jury Note (Number: 6) as to Peter Xuong Lam, Arthur Yavelburg. (bm) (Entered: 11/04/2008)
10/29/2008339 SPECIAL VERDICT FORM FOR DEFENDANT PETER XUONG LAM. (bm) (Entered: 11/04/2008)
10/29/2008340 SPECIAL VERDICT FORM FOR DEFENDANT ARTHUR YAVELBERG. (bm) (Entered: 11/04/2008)
10/29/2008341 LIST OF EXHIBITS AND WITNESSES at trial as to Peter Xuong Lam, Arthur Yavelburg. (bm) (Entered: 11/04/2008)
10/29/2008342 RECEIPT FOR RELEASE OF EXHIBITS to Counsel Upon Verdict/Judgment at Trial; as to Defendants Peter Xuong Lam, Arthur Yavelburg. Pursuant to stip of counsel and/or by Order of the Court, all exhibits listed on Joint exhibits list are returned to counsel for respective party(ies) (bm) (Entered: 11/05/2008)
10/29/2008343 NOTICE OF COURT ORDER to U.S. Marshal Re: Bailiff/Matron's presence for Jury Deliberation on 10/28/08 at 11:15 a.m. (bm) (Entered: 11/05/2008)
10/29/2008364 SEALED DOCUMENT -SPECIAL VERDICT FORM AS TO DEFENDANT Javelberg (7) (sm) (Entered: 01/15/2009)
11/07/2008344  STIPULATION to Continue STIPULATION RE: CONTINUANCE OF SENTENCING AND DATE from November 18, 2008 to February 9, 2009 filed by Defendant Henry C.D. Yip(Patton, Roger) (Entered: 11/07/2008)
11/07/2008345  STIPULATION to Continue STIPULATION RE: CONTINUANCE OF SENTENCING AND DATE from November 18, 2008 to February 9, 2009 filed by Defendant T.P. Company(Patton, Roger) (Entered: 11/07/2008)
11/07/2008346 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error was found Stipulation to Continue 344 , Stipulation to Continue 345 : Proposed orders were not submitted as a separate attachments to the Stipulation to Continue Sentencing for Defendant Henry C.D. Yip 344 , and the Stipulation to Continue Sentencing for Defendant T.P. Company. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (bm) (Entered: 11/07/2008)
11/10/2008347  STIPULATION to Amend/Correct Stipulation to Continue 344 Amended Stipulation to Continuance of Sentencing and Date filed by Defendant Henry C.D. Yip (Attachments: # 1 Proposed Order)(Patton, Roger) (Entered: 11/10/2008)
11/10/2008348  STIPULATION to Amend/Correct Notice of Deficiency in Electronically Filed Documents (G-112A), Notice of Deficiency in Electronically Filed Documents (G-112A), Notice of Deficiency in Electronically Filed Documents (G-112A) 346 Amended Stipulation Re: Continuance of Sentencing and Date filed by Defendant T.P. Company (Attachments: # 1 Proposed Order)(Patton, Roger) (Entered: 11/10/2008)
11/13/2008349 ORDER TO CONTINUE Sentencing by Judge Philip S. Gutierrez as to Defendant T.P. Company: For good cause shown, IT IS HEREBY ORDERED THAT: The sentencing in this matter is continued from November 18, 2008, at 10:00 a.m., until February 9, 2009, at 10:00 a.m. (bm) (Entered: 11/13/2008)
11/13/2008350 ORDER TO CONTINUE Sentencing by Judge Philip S. Gutierrez as to Defendant Henry C.D. Yip: For good cause shown, IT IS HEREBY ORDERED THAT: The sentencing in this matter is continued from November 18, 2008, at 10:00 a.m., until February 9, 2009, at 10:00 a.m. (bm) (Entered: 11/13/2008)
12/01/2008351 NOTICE OF MOTION AND MOTION for Order for preliminary order for forfeiture Filed by Plaintiff USA as to Defendant Peter Xuong Lam Motion set for hearing on 2/23/2009 at 03:00 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Proposed Order)(Johns, Joseph) (Entered: 12/01/2008)
12/17/2008353 NOTICE OF DISCREPANCY AND ORDER: by Judge Philip S. Gutierrez ORDERING Response to probation offficer's pre-sentencing report submitted by Defendant Tai Wai David Chu, Dakon International, received on 12/16/08 is not to be filed but instead rejected. Denial based on: non-efiling compliance per General Order. (da) (Entered: 12/22/2008)
12/22/2008352  OPPOSITION to MOTION for Order for preliminary order for forfeiture 351 filed by Defendant Peter X. Lam. (Rutherford, Jeffrey) (Entered: 12/22/2008)
12/30/2008354 POSITION WITH RESPECT TO PRESENTENCE REPORT filed by Plaintiff USA as to Defendant Tai Wai David Chu Government's Response to Presentence Report and Motion for Sentencing Departure Pursuant to U.S.S.G. Section 5K1.1 (Johns, Joseph) (Entered: 12/30/2008)
12/30/2008355 POSITION WITH RESPECT TO PRESENTENCE REPORT filed by Plaintiff USA as to Defendant Dakon International Government's Response to Presentence Report and Motion for Sentencing Departure Pursuant to U.S.S.G. Section 5K1.1 (Johns, Joseph) (Entered: 12/30/2008)
01/02/2009356 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Philip S. Gutierrez ORDERING Declaration of Barbara B Nguyen, Esquire regarding Manual Filing of Defendants' resposne to Pre-senting Reports; Manual filing of response to Probation Officers Pre-sentence Report; Dakon International Inc's response to Probation Officer's Pre-sentencing Report submitted by Defendants, received on 1/2/09 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (ir) (Entered: 01/06/2009)
01/02/2009357 RESPONSE to Probation Officer's Pre-Sentencing Report filed by Defendant Dakon International (ir) (Entered: 01/06/2009)
01/02/2009358 DECLARATION of Barbara B Nguyen, Esq regarding Manual Filing of Defendants' Response to Pre-Sentencing Reports 357 filed by Defendant Dakon International.(ir) (Entered: 01/06/2009)
01/02/2009359 RESPONSE to Probation Officer's Pre-Sentencing Report filed by Defendant Tai Wai David Chu (ir) (Entered: 01/06/2009)
01/05/2009360 MINUTES OF SENTENCING Hearing held before Judge Philip S. Gutierrez as to Defendant Dakon International. Defendant Dakon International (15), Count(s) 1, 27, On Government's motion, all remaining counts, any underlying Indictment and/or Informationpertaining to this defendant only are Ordered dismissed.; Count(s) 2s, Probation for 2 years on Count 2 of the Third Superseding Information under the terms and conditions of the U.S. Probation Office and General Order 318. Special assessment of $400. Fine of $100,000. Defendant shall comply with General Order No. 01-05. Defendant advised of right of appeal. Bond if any is hereby exonerated. Court Reporter: Miriam Baird. (bm) (bm). (Entered: 01/07/2009)
01/05/2009362 MINUTES OF SENTENCING Hearing held before Judge Philip S. Gutierrez as to Defendant Tai Wai David Chu. Defendant Tai Wai David Chu (14), Count(s) 1, 27, On Government's motion, all remaining counts, and any underlying Indictment and/or Information are Ordered dismissed as to this defendant only.; Count(s) 1s, Probation for 2 years on Count 1 of the Third Superseding Information under the terms and conditions of the U.S. Probation Office and General Order 318. Special assessment of $100. Fine of $3,000. Defendant shall comply with General Order No. 01-05. Bond Exonerated. Defendant advised of right of appeal. Other: Downward departure pursuant to 5KL.1.1 is Granted. The Court grants approval for Defendants to travel nationally and internationally; Defendant shall appraise the Probation Officer of his travel itinerary and whereabouts. Further passport shall be returned to defendant. Court Reporter: Miriam Baird. (bm) (Entered: 01/07/2009)
01/06/2009361 JUDGMENT AND COMMITMENT by Judge Philip S. Gutierrez as to Defendant Dakon International (15), Count(s) 1, 27, On Government's motion, all remaining counts, any underlying Indictment and/or Information pertaining to this defendant only are Ordered dismissed.; Count(s) 2s, Probation for 2 years on Count 2 of the Third Superseding Information under the terms and conditions of the U.S. Probation Office and General Order 318. Special assessment of $400. Fine of $100,000. Defendant shall comply with General Order No. 01-05. The defendant is advised of the right to appeal. Bond if any is hereby exonerated. Signed by Judge Philip S. Gutierrez. (bm) (Entered: 01/07/2009)
01/06/2009363 JUDGMENT AND COMMITMENT by Judge Philip S. Gutierrez as to Defendant Tai Wai David Chu (14), Count(s) 1, 27, On Government's motion, all remaining counts, and any underlying Indictment and/or Information are Ordered dismissed as to this defendant only.; Count(s) 1s, Probation for 2 years on Count 1 of the Third Superseding Information under the terms and conditions of the U.S. Probation Office and General Order 318. Special assessment of $100. Fine of $3,000. Defendant shall comply with General Order No. 01-05. The defendant is advised of the right to appeal. The bond is hereby exonerated. Signed by Judge Philip S. Gutierrez. (bm) (Entered: 01/07/2009)
01/20/2009365 Joint STIPULATION to Continue Sentencing from Januray 26, 2009 to March 16, 2009 filed by Defendant David S Wong (Attachments: # 1 Proposed Order To Continue Sentencing)(Durkin, Thomas) (Entered: 01/20/2009)
01/23/2009368 ORDER RE: CONTINUE OF SENTENCING AND DATE FOR DEFENDANT DAVID S. WONG by Judge Philip S. Gutierrez as to Defendant David S Wong: For good cause shown, IT IS HEREBY ORDERED THAT: The sentencing in this matter is continued from January 26, 2008, at 9:00 a.m., until March 16, 2009, at 10:00 a.m. (bm) (Entered: 01/27/2009)
01/26/2009366 RESPONSE IN OPPOSITION to Opposition to Motion (CR) 352 , filed by Defendant Peter Xuong Lam Government's Reply to Peter X. Lam's Opposition to the Government's Motion for Preliminary Order of Forfeiture (Johns, Joseph) (Entered: 01/26/2009)
01/27/2009367  STIPULATION to Continue Continuance of Sentencing and Date from February 9, 2009 to March 30, 2009 filed by Defendant Henry C.D. Yip (Attachments: # 1 Proposed Order)(Patton, Roger) (Entered: 01/27/2009)
01/29/2009369 NOTICE filed by Plaintiff USA as to Defendant Peter Xuong Lam, Arthur Yavelburg Government's Notice of Motion and Motion for Continuance of Sentencing Date; Supporting Memorandum of Points and Authorities (Johns, Joseph) (Entered: 01/29/2009)
01/29/2009370 NOTICE OF MOTION AND MOTION for Order for Continuance of Sentencing and Date for Defendants Peter X. Lam and Arthur Yavelberg Filed by Plaintiff USA as to Defendant Peter Xuong Lam, Arthur Yavelburg Motion set for hearing on 2/23/2009 at 03:00 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Proposed Order)(Johns, Joseph) (Entered: 01/29/2009)
02/02/2009371 ORDER RE: CONTINUANCE OF SENTENCING AND DATE FOR DEFENDANTS PETER X. LAM AND ARTHUR YAVELBERG by Judge Philip S. Gutierrez: IT IS HEREBY ORDERED that the sentencing in this matter is continued from February 23, 2009, at 3:00 p.m., until May 18, 2009, at 3:00 p.m. IT IS HEREBY FURTHER ORDERED that the related hearing in this matter on the Governments Motion For Preliminary Order of Forfeiture also be so continued from February 23, 2009, at 3:00 p.m., until May 18, 2009, at 3:00 p.m. (bm) (Entered: 02/03/2009)
02/03/2009372 ORDER RE: CONTINUANCE OF SENTENCING AND DATE FOR DEFENDANTS HENRY YIP AND T.P. COMPANY by Judge Philip S. Gutierrez. For good cause shown, IT IS HEREBY ORDERED THAT: The sentencing in this matter is continued from February 9, 2009, at 9:00 a.m., until March 30, 2009, at 10:00 a.m. (bm) (Entered: 02/03/2009)
02/03/2009373  OPPOSITION to MOTION for Order for Continuance of Sentencing and Date for Defendants Peter X. Lam and Arthur Yavelberg 370 filed by Defendant Arthur Yavelberg. (Attachments: # 1 Proof of Service)(Marino, Nina) (Entered: 02/03/2009)
02/03/2009374 NOTICE of Errata filed by Defendant Arthur Yavelburg RE: Opposition to Motion (CR) 373 . (Attachments: # 1 Proof of Service)(Marino, Nina) (Entered: 02/03/2009)
02/04/2009375 TRANSCRIPT filed as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company for proceedings held on 10/15/08 9:00 am. Court Reporter/Electronic Court Recorder: Miriam V. Baird, phone number mvb11893@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/25/2009. Redacted Transcript Deadline set for 3/7/2009. Release of Transcript Restriction set for 5/5/2009.(Baird, Miriam) (Entered: 02/04/2009)
02/04/2009376 TRANSCRIPT filed as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company for proceedings held on 10/17/08 9:00 am. Court Reporter/Electronic Court Recorder: Miriam V. Baird, phone number mvb11893@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/25/2009. Redacted Transcript Deadline set for 3/7/2009. Release of Transcript Restriction set for 5/5/2009.(Baird, Miriam) (Entered: 02/04/2009)
02/04/2009377 TRANSCRIPT filed as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company for proceedings held on 10/21/08 9:00 am. Court Reporter/Electronic Court Recorder: Miriam V. Baird, phone number mvb11893@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/25/2009. Redacted Transcript Deadline set for 3/7/2009. Release of Transcript Restriction set for 5/5/2009.(Baird, Miriam) (Entered: 02/04/2009)
02/04/2009378 NOTICE OF FILING TRANSCRIPT filed as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company for proceedings 10/15/08; 10/17/08;10/21/08 (Baird, Miriam) (Entered: 02/04/2009)
02/17/2009379 TRANSCRIPT filed as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company for proceedings held on 10/16/08 9:00 am. Court Reporter/Electronic Court Recorder: Miriam V. Baird, phone number mvb11893@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/10/2009. Redacted Transcript Deadline set for 3/20/2009. Release of Transcript Restriction set for 5/18/2009.(Baird, Miriam) (Entered: 02/17/2009)
02/17/2009380 TRANSCRIPT filed as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company for proceedings held on 10/22/08. Court Reporter/Electronic Court Recorder: miriam v. baird, phone number mvb11893@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/10/2009. Redacted Transcript Deadline set for 3/20/2009. Release of Transcript Restriction set for 5/18/2009.(Baird, Miriam) (Entered: 02/17/2009)
02/17/2009381 TRANSCRIPT filed as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company for proceedings held on 10/23/08 9:00 am. Court Reporter/Electronic Court Recorder: Miriam V. Baird, phone number mvb11893@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/10/2009. Redacted Transcript Deadline set for 3/20/2009. Release of Transcript Restriction set for 5/18/2009.(Baird, Miriam) (Entered: 02/17/2009)
02/17/2009382 NOTICE OF FILING TRANSCRIPT filed as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company for proceedings 10/16/08;10/22/08; 10/23/08 9:00 am (Baird, Miriam) (Entered: 02/17/2009)
02/19/2009383 TRANSCRIPT filed as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company for proceedings held on 10/24/08 9:00 am. Court Reporter/Electronic Court Recorder: Miriam v. Baird, phone number mvb11893@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/12/2009. Redacted Transcript Deadline set for 3/22/2009. Release of Transcript Restriction set for 5/20/2009.(Baird, Miriam) (Entered: 02/19/2009)
02/19/2009384 NOTICE OF FILING TRANSCRIPT filed as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company for proceedings 10/24/08 9:00 am (Baird, Miriam) (Entered: 02/19/2009)
02/20/2009385  APPLICATION for Return of Property (post-trial). Property described as: Passport. Filed by Plaintiff Tai Wai David Chu as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company (Attachments: # 1 Proposed Order)(Sasahara, Eric) (Entered: 02/20/2009)
02/20/2009386 NOTICE OF DISCREPANCY AND ORDER: by Judge Philip S. Gutierrez ORDERING App re return of passport and App to be temporarily excused from wearing electronic monitoring device, Declaration of Barbara B. Nguyen submitted by Defendants Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company, received on 2/13/09 is not to be filed but instead rejected. Denial based on: Documents not efiled and order not separate. (bm) (Entered: 02/20/2009)
02/25/2009387 ORDER by Judge Philip S. Gutierrez as to Defendant Tai Wai David Chu, re DAVID CHU'S APPLICATION FOR COURT ORDER RE RETURN OF PASSPORT; AND APPLICATION TO BE TEMPORARILY EXCUSED FROM WEARING ELECTRONIC MONITORING DEVICE 385 : The Court has considered Mr. Tai Wai David Chu's Application for a Court Order Re Return of his Passport, and his Application to Temporarily Remove the Electronic Monitoring Device. Upon careful review and consideration, on the basis of these pleadings, papers and good cause, the Court hereby orders as follows: 1. Mr. Tai Wai David Chu's passport be returned to him; and 2. Mr. Tai Wai David Chu's is excused from wearing the electronic monitoring device during the period from April 1, 2009 through April 10, 2009, inclusive while he attends his daughter's wedding in Hawaii. (bm) (Entered: 02/25/2009)
02/25/2009388 TRANSCRIPT filed as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company for proceedings held on 10/27/08 8:30 am. Court Reporter/Electronic Court Recorder: Miriam V. Baird, phone number mvb11893@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/18/2009. Redacted Transcript Deadline set for 3/28/2009. Release of Transcript Restriction set for 5/26/2009.(Baird, Miriam) (Entered: 02/25/2009)
02/25/2009389 NOTICE OF FILING TRANSCRIPT filed as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company for proceedings 10/27/08 8:30 a.m. (Baird, Miriam) (Entered: 02/25/2009)
02/27/2009390 TRANSCRIPT filed as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company for proceedings held on 10/28/08 9:00 am. Court Reporter/Electronic Court Recorder: Miriam V. Baird, phone number mvb11893. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/20/2009. Redacted Transcript Deadline set for 3/30/2009. Release of Transcript Restriction set for 5/28/2009.(Baird, Miriam) (Entered: 02/27/2009)
02/27/2009391 TRANSCRIPT filed as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company for proceedings held on 10/29/08 1:30 pm. Court Reporter/Electronic Court Recorder: Miriam Baird, phone number mvb11893@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/20/2009. Redacted Transcript Deadline set for 3/30/2009. Release of Transcript Restriction set for 5/28/2009.(Baird, Miriam) (Entered: 02/27/2009)
02/27/2009392 NOTICE OF FILING TRANSCRIPT filed as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company for proceedings 10/28/08 & 10/29/08 9:00 am (Baird, Miriam) (Entered: 02/27/2009)
03/02/2009393 POSITION WITH RESPECT TO filed by Defendant David S Wong PSR Objections Position Paper & Commentary on Sentencing Factors (Durkin, Thomas) (Entered: 03/02/2009)
03/03/2009394 First APPLICATION OF NON-RESIDENT ATTORNEY Janis D. Roberts to Appear Pro Hac Vice as to Defendant David S Wong (PHV Fee of $ 185 receipt number 09730000000004974978 paid.) Filed by Defendant David S Wong (Attachments: # 1 Proposed Order Order On Application Of Non-Resident Attorney To Appear In A Specific Case, # 2 Supplement Certificate Of Admission and Good Standing For Attorney Janis D. Roberts, # 3 Supplement Proof Of Service)(Durkin, Thomas) (Entered: 03/03/2009)
03/03/2009395 First REQUEST FOR APPROVAL OF SUBSTITUTION OF attorney Janis D. Roberts in place of attorney Lawrence E. Alberg Filed by Defendant David S Wong (Attachments: # 1 Supplement Motion to Substitute Counsel of Record)(Durkin, Thomas) (Entered: 03/03/2009)
03/03/2009396 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error was found incorrect document attached to the docket entry; incorrect event selected; no correct event for document submitted; Docket text and document must match; you must submit the request as stated in your docket entry for substitution of attorney along with the proposed order as an attachment; order submitted as main document and should always be an attachment to the base document. RE: First REQUEST FOR APPROVAL OF SUBSTITUTION OF attorney Janis D. Roberts in place of attorney Lawrence E. Alberg 395 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (ab) (Entered: 03/03/2009)
03/05/2009397 ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY by Judge Philip S. Gutierrez as to Defendant David S Wong, re First REQUEST FOR APPROVAL OF SUBSTITUTION OF attorney Janis D. Roberts in place of attorney Lawrence E. Alberg 395 : The Court hereby orders that the request of: Thomas Anthony Durkin, Attorney for Defendant Wong, to substitute Janis D. Roberts who is Retained Counsel as attorney in place in stead of Lawrence E. Alberg is hereby GRANTED. (bm) (Entered: 03/06/2009)
03/05/2009398 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE by Judge Philip S. Gutierrez as to Defendant David S Wong, re First APPLICATION OF NON-RESIDENT ATTORNEY Janis D. Roberts to Appear Pro Hac Vice as to Defendant David S Wong 394 : The Court, having reviewed the accompanying Application of Janis D. Roberts, of Durkin & Roberts, for permission to appear and participate in the above-entitled action on behalf of Defendant David S. Wong and the designation of Thomas Anthony Durkin, of Durkin & Roberts as local counsel, hereby ORDERS the Application be: GRANTED. (bm) (Entered: 03/06/2009)
03/10/2009399 SUPPLEMENTAL INFORMATION filed by Defendant David S Wong Submission Of Letters Regarding Sentencing (Attachments: # 1 Exhibit Exhibit 1 - Esther Wong Letter to Judge, # 2 Exhibit Exhibit 2 Jovial Wong Letter to Judge, # 3 Exhibit Ernest Wong Letter to Judge)(Durkin, Thomas) (Entered: 03/10/2009)
03/11/2009402 GOVERNMENT'S REPLY TO DEFENDANT'S OBJECTIONS OR CLARIFICATIONS TO THE PRE-SENTENCE INVESTIGATION REPORT & POSITION PAPER AND COMMENTARY ON SENTENCING FATORS filed by Plaintiff USA as to Defendant David S Wong Re: Presentence Report 400 (Johns, Joseph) (Entered: 03/11/2009)
03/11/2009403 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error was found incorrect event selected; correct event is located under other filings: miscellaneous filings (non-motion) selecting reply (non-motion/nonR&R) RE: Miscellaneous Document, 402 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (ab) (Entered: 03/11/2009)
03/12/2009404 REPLY filed by Plaintiff USA as to Defendant David S Wong Government's Reply to Defendant's Objections or Clarifications to the Pre-sentence Investigation Report & Position Paper and Commentary on Sentencing Factors (Attachments: # 1 Attachment)(Johns, Joseph) (Entered: 03/12/2009)
03/16/2009406 MINUTES OF SENTENCING Hearing held before Judge Philip S. Gutierrez as to Defendant David S Wong. Defendant David S Wong (12), Count(s) 1s, 2s, Defendant is committed to the custody of the Bureau of Prisons for 12 months and 1 day on each of Counts 1 and 2 of the Second Superseding Information, to be served concurrently. Supervised release for 1 year consisting of 1 year on each of Counts 1 and 2, all such terms to run concurrently, under the terms and conditions of the U.S. Probation Office and General Order 318. Special assessment of $50. Fine of $25,000. Defendant shall comply with General Order 01-05. Count(s) 1, 22-23, 27, On Government's motion, all remaining counts in the underlying complaint are Ordered dismissed. Execution of sentence is stayed until 12 noon, June 19, 2009. Bond exonerated upon surrender. Defendant advised of right of appeal. Court Reporter: Wil Wilcox. (bm) (Entered: 03/17/2009)
03/17/2009407 JUDGMENT AND COMMITMENT by Judge Philip S. Gutierrez as to Defendant David S Wong (12), Count(s) 1s, 2s, Defendant is committed to the custody of the Bureau of Prisons for 12 months and 1 day on each of Counts 1 and 2 of the Second Superseding Information, to be served concurrently. Supervised release for 1 year consisting of 1 year on each of Counts 1 and 2, all such terms to run concurrently, under the terms and conditions of the U.S. Probation Office and General Order 318. Special assessment of $50. Fine of $25,000. Defendant shall comply with General Order 01-05. Count(s) 1, 22-23, 27, On Government's motion, all remaining counts in the underlying complaint are Ordered dismissed. It is further ordered that the defendant surrender himself to the institution designated by the Bureau of Prisons on or before 12 noon, June 19, 2009. In the absence of such designation, the defendant shall report on or before the same date and time to the United States Marshal's Office located at Everett McKinley Dirkson United States Courthouse, 219 South Dearborn Street, Chicago, Illinois 60604. The bond is ordered exonerated upon defendant's self-surrender. The defendant is advised of the right to appeal. (bm) (Entered: 03/17/2009)
03/20/2009408 RESPONSE filed by Plaintiff USA as to Defendant Henry C.D. Yip Government's Response to Presentence Report and Motion for Sentencing Departure Pursuant to U.S.S.G. Section 5K1.1 for Defendant Henry C.D. Yip (Johns, Joseph) (Entered: 03/20/2009)
03/24/2009409 POSITION WITH RESPECT TO PRESENTENCE REPORT filed by Defendant Henry C.D. Yip Defendant Henry Yip's Respnse To The Probation Officer's Pre-Sentence Report And Government's Response and 5K1.1 Motion (Attachments: # 1 Letter Yip's Submission of Letters Regarding Sentencing)(Patton, Roger) (Entered: 03/24/2009)
03/24/2009410 POSITION WITH RESPECT TO PRESENTENCE REPORT filed by Defendant T.P. Company Defendant T.P. Company, Inc. Response To Probation Officer's Pre-Sentencing Report (Patton, Roger) (Entered: 03/24/2009)
03/30/2009413 MINUTES OF SENTENCING Hearing held before Judge Philip S. Gutierrez as to Defendant Henry C.D. Yip. Defendant Henry C.D. Yip (16). Count(s) 1, 21, 27, Government's motion, underlying indictment, ORDERED DISMISSED. Count(s) 1s, Defendant placed on probation for a term of 1 year. It is ordered that the defendant shall pay to the United States a total fine of $40,000, which shall bear interest as provided by law. The fine shall be paid within 30 days from the entry of judgment to the Magnuson-Stevens NOAA Fisheries Enforcement Fund. The defendant shall comply with General Order No. 01-05. The defendant shall comply with the rules and regulations of the Probation Office and General Order 318. The Court orders defendant's passport to be release to the defendant. Bond Exonerated. Defendant advised of right of appeal. Court Reporter: Miriam Baird. (Attachments: # 1 Judgment & Commitment Order) (ca) (Entered: 04/02/2009)
03/30/2009415 MINUTES OF SENTENCING Hearing held before Judge Philip S. Gutierrez as to Defendant T.P. Company. Defendant T.P. Company (17), Count(s) 1, 27, On Government's motion, the underlying indictment, is ordered dismissed. Count(s) 21, Defendant placed on probation for a term of 1 year. It is ordered that the defendant shall pay to the United States a special assessment of $400, which is due immediately to the Clerk of Court. It is ordered that the defendant shall pay to the United States a total fine of $150,000 to the Magnuson-Stevens NOAA Fisheries Enforcement Fund. The defendant shall comply with General Order 01-05. The defendant shall comply with the rules and regulations of the Probation Office and General Order 318. Defendant advised of right of appeal. Court Reporter: Miriam Baird. (Attachments: # 1 Judgment & Commitment Order) (ca) (Entered: 04/02/2009)
03/31/2009414 JUDGMENT AND COMMITMENT by Judge Philip S. Gutierrez as to Defendant Henry C.D. Yip (16). Count(s) 1, 21, 27, Government's motion, underlying indictment, ordered dismissed. Count(s) 1s, Defendant placed on probation for a term of 1 year. It is ordered that the defendant shall pay to the United States a total fine of $40,000, which shall bear interest as provided by law. The fine shall be paid within 30 days from the entry of judgment to the Magnuson-Stevens NOAA Fisheries Enforcement Fund. The defendant shall comply with General Order No. 01-05. The defendant shall comply with the rules and regulations of the Probation Office and General Order 318. The Court orders defendant's passport to be release to the defendant. (ca) (Entered: 04/02/2009)
03/31/2009416 JUDGMENT AND COMMITMENT by Judge Philip S. Gutierrez as to Defendant T.P. Company (17), Count(s) 1, 27. On Government's motion, the underlying indictment, is ordered dismissed. Count(s) 21, Defendant placed on probation for a term of 1 year. It is ordered that the defendant shall pay to the United States a special assessment of $400, which is due immediately to the Clerk of Court. It is ordered that the defendant shall pay to the United States a total fine of $150,000 to the Magnuson-Stevens NOAA Fisheries Enforcement Fund. The defendant shall comply with General Order 01-05. The defendant shall comply with the rules and regulations of the Probation Office and General Order 318. (ca) (Entered: 04/02/2009)
04/29/2009421 GOVERNMENT'S RESPONSE TO PRESENTENCE REPORT filed by Plaintiff USA as to Defendant Arthur Yavelburg (Johns, Joseph) (Entered: 04/29/2009)
04/29/2009422 GOVERNMENT'S RESPONSE TO PRESENTENCE REPORT filed by Plaintiff USA as to Defendant Peter Xuong Lam (Johns, Joseph) (Entered: 04/29/2009)
04/30/2009423 POSITION WITH RESPECT TO PRESENTENCE REPORT filed by Defendant Arthur Yavelburg Yavelberg Response to Presentence Report (Attachments: # 1 proof of service)(Marino, Nina) (Entered: 04/30/2009)
05/04/2009424 SENTENCING MEMORANDUM filed by Defendant Arthur Yavelburg (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Proof of Service)(Marino, Nina) (Entered: 05/04/2009)
05/04/2009425 OBJECTION TO PRESENTENCE INVESTIGATION REPORT filed by Plaintiff Peter Xuong Lam as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company (Rutherford, Jeffrey) (Entered: 05/04/2009)
05/04/2009426 NOTICE OF MOTION AND MOTION to Motion and Declaration of Counsel To Amend Order and Proposed Order Filed by Defendant Henry C.D. Yip (Patton, Roger) DOCUMENT HAS BEEN STRICKEN PURSUANT TO DOCKET ENTRY 429 , DATED 5/6/09. Modified on 5/7/2009 (bm). (Entered: 05/04/2009)
05/05/2009427 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error was found hearing information is missing; docket text and document e-filed must match RE: MOTION to Motion and Declaration of Counsel To Amend Order and Proposed Order 426 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (ab) (Entered: 05/05/2009)
05/05/2009428 GOVERNMENT'S POSITION REGARDING SENTENCING filed by Plaintiff USA as to Defendant Peter Xuong Lam, Arthur Yavelburg (Attachments: # 1 Supplement Attachment A, # 2 Supplement Attachment B, # 3 Supplement Attachment C, # 4 Supplement Attachment D, # 5 Supplement Attachment E, # 6 Supplement Attachment F, # 7 Supplement Attachment G, # 8 Supplement Attachment H part 1, # 9 Supplement Attachment H part 2, # 10 Supplement Attachment I, # 11 Supplement Attachment J)(Johns, Joseph) (Entered: 05/05/2009)
05/06/2009429 ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Defendant's motion and declaration of Counsel 426 , for the following reasons: Hearing information is missing, incorrect, or not timely. Proposed Document was not submitted as separate attachment. Motion not noticed for a hearing (available date); Declaration should be e-filed separately; no proposed order; no mandatory chambers copies. Please review the Judge's procedures and schedules on the court's web site. (bm) Modified on 5/7/2009 (bm). (Entered: 05/07/2009)
05/11/2009430 NOTICE of Manual Filing of Ex Parte Application to File Under Seal filed by Plaintiff Peter Xuong Lam as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company (Rutherford, Jeffrey) (Entered: 05/11/2009)
05/11/2009431 NOTICE of Manual Filing of Proposed Order Sealing Documents filed by Plaintiff Peter Xuong Lam as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company (Rutherford, Jeffrey) (Entered: 05/11/2009)
05/11/2009432 SENTENCING MEMORANDUM filed by Plaintiff Peter Xuong Lam as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company (Attachments: # 1 Exhibit Exs 1-5, # 2 Exhibit Exs 6-10, # 3 Exhibit Exs 11-16, # 4 Exhibit Exs 16-18)(Rutherford, Jeffrey) (Entered: 05/11/2009)
05/13/2009433 RESPONSE to Miscellaneous Document,, 428 ,filedby Defendant Arthur Yavelburg Yavelberg Response to Governemnt Position Regarding Sentencing (Attachments: # 1 Exhibit A, # 2 Proof of Service)(Marino, Nina) (Entered: 05/13/2009)
05/13/2009436  SEALED DOCUMENT- Exparte Application to File Under Seal; Memorandum of Points and Authorities; Declaration of Counsel.(mat) (Entered: 05/15/2009)
05/13/2009437 SEALED DOCUMENT- Order Sealing Documents. (mat) (Entered: 05/15/2009)
05/13/2009438 SEALED DOCUMENT- Defendant Peter X. Lam's Unredacted Position Regarding Sentencing. (Attachments: Part 2)(mat) (Entered: 05/15/2009)
05/15/2009439  STIPULATION to Amend/Correct Stipulation To Amend Sentencing Order filed by Defendant Henry C.D. Yip (Attachments: # 1 Proposed Order)(Patton, Roger) (Entered: 05/15/2009)
05/18/2009441  PRELIMINARY ORDER FOR FORFEITURE by Judge Philip S. Gutierrez: IT IS HEREBY ORDERED, ADJUDGED AND DECREED that defendant Lam shall forfeit to the United States the sum of $12,578,676. IT IS FURTHER ORDERED that defendant Lam shall forfeit to the United States the 267,570 pounds of frozen fish fillets identified in Attachment A hereto. IT IS FURTHER ORDERED that the United States, through its appropriate agency, having previously seized the forfeited property, shall forthwith publish on www.forfeiture.gov. notice of this order (See document for further details). Re: 351 Motion for Order for preliminary order of forfeiture as to Peter Xuong Lam (6). (mg) Modified on 5/21/2009 (mg). (Entered: 05/21/2009)
05/18/2009443 MINUTES OF SENTENCING Hearing held before Judge Philip S. Gutierrez as to Defendant Arthur Yavelburg (7). Defendant is placed on probation for a term of one (1) year on Count 1 of the Redacted Indictment, under the terms and conditions of the US Probation Office and General Order 318. Defendant shall pay to the United States a special assessment of $25. All fines are waived. Defendant advised of right of appeal. Court Reporter: Miriam Baird. (mg) (mg). (Entered: 05/21/2009)
05/18/2009448 MINUTES OF SENTENCING Hearing held before Judge Philip S. Gutierrez as to Defendant Peter Xuong Lam. Defendant Peter Xuong Lam (6), Count(s) 1r, Count(s) 2r, Count(s) 3r, Count(s) 4r: Defendant is committed to the custody of the Bureau of Prisons for Sixty-Three (63) months. This term consists of 60 months on each of Counts 1, 2, and 3, to be served concurrently with each other, and three months on Count 4, to be served consecutively to the terms imposed on Counts 1, 2 and 3. Supervised release for three years on Counts 1, 2, 3 and 4, all such terms to run concurrently, under the terms and conditions of the U.S. Probation Office and General Order 318. Special assessment of $400. All fines waived. Defendant to surrender not later than 7/2/2009. Defendant informed of right to appeal. Court Reporter: Miriam Baird. (bm) Modified on 5/22/2009 (bm). (Entered: 05/22/2009)
05/20/2009440 ORDER by Judge Philip S. Gutierrez as to Defendant Henry C.D. Yip, re Stipulation 439 : Defendant's stipulation requesting deletion of travel conditions imposed in standard conditions number 2 of the courts sentencing order is granted. (bm) (Entered: 05/20/2009)
05/20/2009446 MINUTES (IN CHAMBERS) by Judge Philip S. Gutierrez as to Defendant Arthur Yavelburg: On the Court's own motion, the bond is hereby exonerated. Re: Bond and Conditions (CR-1) 43 . (mg) (Entered: 05/21/2009)
05/20/2009450 MINUTES OF IN CHAMBERS ORDER by Judge Philip S. Gutierrez as to Defendant Peter Xuong Lam: On the Court's own motion, the bond is hereby exonerated upon surrender. (bm) (Entered: 05/22/2009)
05/21/2009444 NOTICE OF CLERICAL ERROR, as to Defendant Arthur Yavelburg: Due to clerical error, an incorrect image was attached to document 443 when originally docketed. The correct document is now attached. (Attachments: # 1 Sentencing) (mg) (Entered: 05/21/2009)
05/21/2009445 JUDGMENT AND COMMITMENT by Judge Philip S. Gutierrez as to Defendant Arthur Yavelburg (7). Defendant is placed on probation for a term of one (1) year on Count 1 of the Redacted Indictment, under the terms and conditions of the US Probation Office and General Order 318. Defendant shall pay to the United States a special assessment of $25. All fines are waived. Advised of right to appeal (mg) (Entered: 05/21/2009)
05/21/2009457 AMENDED JUDGMENT by Judge Philip S. Gutierrez as to Defendant Arthur Yavelburg (7), Count(s) 1r, Defendant is placed on probation for a term of one (1) year on Count 1 of the Redacted Indictment, under the terms and conditions of the US Probation Office and General Order 318. Defendant shall pay to the United States a special assessment of $25. All fines are waived. Advised of right to appeal. (bm) (Entered: 05/28/2009)
05/22/2009449 JUDGMENT AND COMMITMENT by Judge Philip S. Gutierrez as to Defendant Peter Xuong Lam (6), Count(s) 1r, Count(s) 2r, Count(s) 3r, Count(s) 4r: Defendant is committed to the custody of the Bureau of Prisons for Sixty-Three (63) months. This term consists of 60 months on each of Counts 1, 2, and 3, to be served concurrently with each other, and three months on Count 4, to be served consecutively to the terms imposed on Counts 1, 2 and 3. Supervised release for three years on Counts 1, 2, 3 and 4, all such terms to run concurrently, under the terms and conditions of the U.S. Probation Office and General Order 318. Special assessment of $400. All fines waived. Defendant shall surrender himself to the institution designated by the Bureau of Prisons on or before July 2, 2009. (bm) Modified on 5/22/2009 (bm). (Entered: 05/22/2009)
05/22/2009458 AMENDED JUDGMENT by Judge Philip S. Gutierrez as to Defendant Peter Xuong Lam (6), Count(s) 1r, Count(s) 2r, Count(s) 3r, Count(s) 4r: Defendant is committed to the custody of the Bureau of Prisons for Sixty-Three (63) months. This term consists of 60 months on each of Counts 1, 2, and 3, to be served concurrently with each other, and three months on Count 4, to be served consecutively to the terms imposed on Counts 1, 2 and 3. Supervised release for three years on Counts 1, 2, 3 and 4, all such terms to run concurrently, under the terms and conditions of the U.S. Probation Office and General Order 318. Special assessment of $400. All fines waived. (bm) (Entered: 05/28/2009)
05/26/2009451 NOTICE OF APPEAL to Appellate Court filed by Plaintiff Peter Xuong Lam as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company NOT PAID. (Rutherford, Jeffrey) (Entered: 05/26/2009)
05/26/2009452 JUDGMENT OF DISCHARGE by Judge Philip S. Gutierrez as to Defendant Arthur Yavelburg, of the offense of 18:545; 2(b) TRAFFICKING IN ILLEGALLY IMPORTED MERCHANDISE; CAUSING AN ACT TO BE DONE charged in count 5 of the redacted Indictment, for the reason that: the jury has returned its verdict, finding the defendant not guilty. (bm) (Entered: 05/27/2009)
05/27/2009453 ORDER OF TIME SCHEDULE filed as to Defendant Peter Xuong Lam, re Notice of Appeal to USCA - Final Judgment 451 . Transcript designation due: 06/16/09, Court Reporter transcripts due: 08/17/09, Appellants briefs and excerpts due: 09/24/09, Appellees reply brief due: 10/26/09, Appellants reply brief due: 11/09/09. (cc: all counsel) (cbr) (Entered: 05/27/2009)
05/27/2009454 FILING FEE LETTER issued as to Defendant Peter Xuong Lam, re Notice of Appeal to USCA - Final Judgment 451 . (cbr) (Entered: 05/27/2009)
05/27/2009455 NOTIFICATION OF APPEAL NOTIFICATION form issued regarding Notice of Appeal to USCA - Final Judgment, 451 as to Defendant Peter Xuong Lam. (cbr) (Entered: 05/27/2009)
05/28/2009456 NOTIFICATION by Circuit Court of Appellate Docket Number 09-50265 as to Defendant Peter Xuong Lam, 9TH CCA regarding Notice of Appeal to USCA - Final Judgment, 451 . (car) (Entered: 05/28/2009)
06/05/2009459 SATISFACTION OF JUDGMENT filed by Plaintiff USA as to Defendant Henry C.D. Yip (Segina, Zoran) (Entered: 06/05/2009)
06/12/2009460  STIPULATION for Modification of Conditions of Release filed by Plaintiff Peter Xuong Lam as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company (Attachments: # 1 Proposed Order to Modify Terms and Conditions of Release)(Rutherford, Jeffrey) (Entered: 06/12/2009)
06/12/2009461 ORDER of USCA filed as to Peter Xuong Lam re Judgment and Commitment 449 , CCA #09-50265. Order received in this district on 06/12/09. Motions of retained counsel Jeffrey H. Rutherford, Esq., to withdraw as counsel of record and to file appellant's CJA Form 23 under seal, received by this court on June 2, 2009, are deemed filed and are granted. Appellant's submission of a completed CJA 23 Form is construed as a motion to proceed in forma pauperis and for the appointment of counsel. So construed, the motion is granted. The Clerk shall serve this order on the appointing authority for the Central District Court of CA, who will locate appointed counsel. District Court shall send notification of the name and address, and telephone number within 14 days of locating counsel. Brief schedule set. (cbr) (Entered: 06/15/2009)
06/15/2009462 ORDER TO MODIFY TERMS AND CONDITIONS OF RELEASE by Judge Philip S. Gutierrez as to Defendant Peter Xuong Lam (6): GOOD CAUSE HAVING BEEN SHOWN, IT IS HEREBY ORDERED that the terms and conditions of Defendant Peter X. Lam's bond are modified as follows: 1. Mr. Lam is permitted to travel to the Northern District of California, beginning June 25, 2009, for the purpose of relocating his minor son. Mr. Lam shall reside in the Northern District of California with his sister. Mr. Lam shall, prior to departure, provide the Pretrial Services Agency with his itinerary and contact information in the Northern District of California; and, 2. On or before July 2, 2009, Mr. Lam shall surrender himself to the institution designated by the Bureau of Prisons. In the absence of such designation, Mr. Lam shall report on or before the same date to the United States Marshal for the Eastern District of Virginia, located at Albert V. Bryan U.S. Courthouse, 401 Courthouse Square, Alexandria, Virginia 22314, or to the United States Marshal for the Northern District of California, located at the United States Federal Building, 280 South First Street, San Jose, California 95113. All other terms and conditions to remain as previously ordered. (bm) (Entered: 06/15/2009)
06/25/2009463  EX PARTE APPLICATION for Appointment of Counsel Filed by Defendant Peter Xuong Lam (Attachments: # 1 Proposed Order)(Locklin, James) (Entered: 06/25/2009)
06/25/2009464  EX PARTE APPLICATION for Order for Postponement of Surrender Date and Setting of Briefing Schedule for Motion for Bail Pending Appeal Filed by Defendant Peter Xuong Lam (Attachments: # 1 Proposed Order)(Locklin, James) (Entered: 06/25/2009)
06/26/2009465 ORDER by Judge Philip S. Gutierrez: IT IS HEREBY ORDERED THAT the Office of the Federal Public Defender is appointed to represent defendant Peter X. Lam in this case and his current counsel are relieved. The clerk shall enter an appearance by Deputy Federal Public Defender James H. Locklin as Lam's new counsel. Re: 463 Ex Parte Application for Appointment of Counsel as to Peter Xuong Lam (6). (mg) Modified on 7/6/2009 (mg). (Entered: 06/29/2009)
06/30/2009466  ORDER by Judge Philip S. Gutierrez: It Is Hereby Ordered that defendant Peter Xuong Lam's self-surrender date is postponed from July 2 to September 14, 2009. It Is Further Ordered that pursuant to the Court's June 15 order modifying the terms and conditions of Lam's release, Lam is permitted to reside in the Northern District of California until his self-surrender date. Lam shall, at all times, provide the Pretrial Services Agency with his contact information. It Is Further Ordered that Lam must file any motion for bail pending appeal in this Court by July 27. The government's opposition to any such motion is due by August 3. Any reply memorandum must be filed by Lam by August 10. The motion shall be calendared for hearing on August 31, 2009 at 9:00 a.m. Re: 464 Ex Parte Application for Order for postponement of surrender date as to Peter X Lam. (mg) (Entered: 07/01/2009)
07/01/2009467 VERIFICATION OF SURRENDER as to David S Wong: surrender date 6/19/09. (bm) (Entered: 07/01/2009)
07/13/2009468  TRANSCRIPT DESIGNATION AND ORDERING FORM as to Peter Xuong Lam, for Dates: 11/28/07; 12/5/07; 12/17/07; 1/7/08; 1/14/08; 3/11/08; 9/12/08; 9/15/08; 10/6/08; 10/10/08; 10/14/08; 10/15/08; 10/16/08; 10/17/08; 10/21/08; 10/22/08; 10/23/08; 10/24/08; 10/27/08; 10/28/08; 10/29/08; 1/5/09; 3/16/09; 3/30/09; 5/18/09; Court Reporter: Miriam Baird; Wil Wilcox; Court of Appeals Case Number: 09-50265; Re: Notice of Appeal to USCA - Final Judgment,, 451 (Locklin, James) (Entered: 07/13/2009)
07/21/2009469 NOTICE of Intent To Not File a Motion for Bail Pending Appeal At This Time filed by Defendant Peter Xuong Lam (Locklin, James) (Entered: 07/21/2009)
08/07/2009470 AMENDED TRANSCRIPT DESIGNATION AND ORDERING FORM as to Peter Xuong Lam, for Dates: 10/10/2008; Court Reporter: Mark Schweitzer; Court of Appeals Case Number: 09-50265; Re: Notice of Appeal to USCA - Final Judgment,, 451 (Locklin, James) (Entered: 08/07/2009)
08/11/2009471 TRANSCRIPT filed as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company for proceedings held on 5/18/09 3:30 pm. Court Reporter/Electronic Court Recorder: Miriam V. Baird, phone number MVB11893@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/1/2009. Redacted Transcript Deadline set for 9/11/2009. Release of Transcript Restriction set for 11/9/2009.(Baird, Miriam) (Entered: 08/11/2009)
08/11/2009472 NOTICE OF FILING TRANSCRIPT filed as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company for proceedings 5/18/09 3:30 pm (Baird, Miriam) (Entered: 08/11/2009)
08/12/2009473 TRANSCRIPT filed as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company for proceedings held on 10/14/09 9:00 am. Court Reporter/Electronic Court Recorder: Miriam V. Baird, phone number mvb11893@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/2/2009. Redacted Transcript Deadline set for 9/12/2009. Release of Transcript Restriction set for 11/10/2009.(Baird, Miriam) (Entered: 08/12/2009)
08/12/2009474 NOTICE OF FILING TRANSCRIPT filed as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company for proceedings 10/14/08 9:00 am (Baird, Miriam) (Entered: 08/12/2009)
08/12/2009475 TRANSCRIPT filed as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company for proceedings held on 3/30/09 9:00 am. Court Reporter/Electronic Court Recorder: Miriam V. Baird, phone number mvb11893@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/2/2009. Redacted Transcript Deadline set for 9/12/2009. Release of Transcript Restriction set for 11/10/2009.(Baird, Miriam) (Entered: 08/12/2009)
08/12/2009476 NOTICE OF FILING TRANSCRIPT filed as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company for proceedings 1/14/08 10:00 am (Baird, Miriam) (Entered: 08/12/2009)
08/12/2009477 NOTICE OF FILING TRANSCRIPT filed as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company for proceedings 1/14/08 10:00 am & 3/30/09 9:00 am (Baird, Miriam) (Entered: 08/12/2009)
08/12/2009478 TRANSCRIPT filed as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company for proceedings held on 1/14/08 10:00 am. Court Reporter/Electronic Court Recorder: Miriam V. Baird, phone number mvb11893@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/2/2009. Redacted Transcript Deadline set for 9/12/2009. Release of Transcript Restriction set for 11/10/2009.(Baird, Miriam) (Entered: 08/12/2009)
08/12/2009479 TRANSCRIPT filed as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company for proceedings held on 12/18/07 10:00 am. Court Reporter/Electronic Court Recorder: Miriam V. Baird, phone number mvb11893@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/2/2009. Redacted Transcript Deadline set for 9/12/2009. Release of Transcript Restriction set for 11/10/2009.(Baird, Miriam) (Entered: 08/12/2009)
08/12/2009480 TRANSCRIPT filed as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company for proceedings held on 1/07/08 10:00 am. Court Reporter/Electronic Court Recorder: Miriam V. Baird, phone number mvb11893@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/2/2009. Redacted Transcript Deadline set for 9/12/2009. Release of Transcript Restriction set for 11/10/2009.(Baird, Miriam) (Entered: 08/12/2009)
08/12/2009481 NOTICE OF FILING TRANSCRIPT filed as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company for proceedings 12/18/07 10:0 am & 1/7/08 10:00 am (Baird, Miriam) (Entered: 08/12/2009)
08/13/2009482 TRANSCRIPT filed as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company for proceedings held on 1/5/09 10:30 am. Court Reporter/Electronic Court Recorder: Miriam V. Baird, phone number mvb11893@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/3/2009. Redacted Transcript Deadline set for 9/13/2009. Release of Transcript Restriction set for 11/12/2009.(Baird, Miriam) (Entered: 08/13/2009)
08/13/2009483 NOTICE OF FILING TRANSCRIPT filed as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company for proceedings 1/5/09 10:30 am (Baird, Miriam) (Entered: 08/13/2009)
08/14/2009484 TRANSCRIPT filed as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company for proceedings held on 9/12/08 9:00 am. Court Reporter/Electronic Court Recorder: Miriam V. Baird, phone number mvb11893@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/4/2009. Redacted Transcript Deadline set for 9/14/2009. Release of Transcript Restriction set for 11/12/2009.(Baird, Miriam) (Entered: 08/14/2009)
08/14/2009485 TRANSCRIPT filed as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company for proceedings held on 10/06/08 1:45 pm. Court Reporter/Electronic Court Recorder: Miriam V. Baird, phone number mvb11893@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/4/2009. Redacted Transcript Deadline set for 9/14/2009. Release of Transcript Restriction set for 11/12/2009.(Baird, Miriam) (Entered: 08/14/2009)
08/14/2009486 NOTICE OF FILING TRANSCRIPT filed as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company for proceedings 10/06/08 1:45 pm & 9/12/08 9:00 am (Baird, Miriam) (Entered: 08/14/2009)
08/18/2009487 NOTICE OF CLERICAL ERROR, as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company: Due to clerical error Re: Transcript (CR), Transcript (CR), Transcript (CR), Transcript (CR), Transcript (CR) 480 (Baird, Miriam) (Entered: 08/18/2009)
08/18/2009488 TRANSCRIPT filed as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company for proceedings held on 1/07/08 10:00 AM. Court Reporter/Electronic Court Recorder: MIRIAM V BAIRD, phone number MVB11893@AOL.COM. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/8/2009. Redacted Transcript Deadline set for 9/18/2009. Release of Transcript Restriction set for 11/16/2009.(Baird, Miriam) (Entered: 08/18/2009)
08/18/2009489 TRANSCRIPT filed as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company for proceedings held on 11/18/07 2:20 pm. Court Reporter/Electronic Court Recorder: Miriam v. Baird, phone number mvb11893@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/8/2009. Redacted Transcript Deadline set for 9/18/2009. Release of Transcript Restriction set for 11/16/2009.(Baird, Miriam) (Entered: 08/18/2009)
08/18/2009490 TRANSCRIPT filed as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company for proceedings held on 9/15/08 10:00 am. Court Reporter/Electronic Court Recorder: Miriam V. Baird, phone number MVB11893@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/8/2009. Redacted Transcript Deadline set for 9/18/2009. Release of Transcript Restriction set for 11/16/2009.(Baird, Miriam) (Entered: 08/18/2009)
08/18/2009491 NOTICE OF FILING TRANSCRIPT filed as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company for proceedings 11/28/07 2:20 PM & 9/15/08 10:00 AM (Baird, Miriam) (Entered: 08/18/2009)
08/18/2009492 TRANSCRIPT filed as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company for proceedings held on 3/11/08 10:30 am. Court Reporter/Electronic Court Recorder: Miriam V. Baird, phone number mvb11893@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/8/2009. Redacted Transcript Deadline set for 9/18/2009. Release of Transcript Restriction set for 11/16/2009.(Baird, Miriam) (Entered: 08/18/2009)
08/18/2009493 NOTICE OF FILING TRANSCRIPT filed as to Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Silver Seas Company, Blue Ocean Seafood Corporation, Nhan Huhn Dat Nguyen, Peter Xuong Lam, Arthur Yavelburg, Cantho Animal Fishery Products Processing Enterprise, Anhaco, An Giang Argricultural Technology Service Company, Binh Dinh Import Export Company, David S Wong, True World Foods Inc., Tai Wai David Chu, Dakon International, Henry C.D. Yip, T.P. Company for proceedings 3/11/08 10:30 AM (Baird, Miriam) (Entered: 08/18/2009)
09/04/2009494  EX PARTE APPLICATION for Order for Modification of Surrender Order re Location of Surrender Filed by Defendant Peter Xuong Lam (Attachments: # 1 Proposed Order)(Locklin, James) (Entered: 09/04/2009)
09/04/2009495 ORDER by Judge Philip S. Gutierrez: granting 494 Ex Parte Application for Order as to Peter Xuong Lam (6): GOOD CAUSE HAVING BEEN SHOWN, IT IS HEREBY ORDERED THAT, by noon on September 14, 2009, defendant Peter X. Lam must selfsurrender at either: (1) the institution designated by the Bureau of Prisons, or (2) the Office of the United States Marshal for the Northern District of California, located at the United States Federal Building, 280 South First Street, San Jose, California, 95113. Lam is permitted to travel from the Northern District of California to the location of the institution designated by the BOP. (bm) (Entered: 09/04/2009)
09/16/2009496 VERIFICATION OF SURRENDER as to Peter Xuong Lam: surrender date 9/14/09. (bm) (Entered: 09/16/2009)
09/16/2009497 TRANSCRIPT filed as to Defendant David S Wong for proceedings held on MONDAY, MARCH 16, 2009; 10:03 A.M.. Court Reporter/Electronic Court Recorder: Wil S. Wilcox, e-mail: wswilcox@pobox.com, phone number: 213-894-2849. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 10/7/2009. Redacted Transcript Deadline set for 10/17/2009. Release of Transcript Restriction set for 12/15/2009.(Wilcox, Wil) (Entered: 09/16/2009)
09/16/2009498 NOTICE OF FILING TRANSCRIPT filed as to Defendant David S Wong for proceedings MONDAY, MARCH 16, 2009; 10:03 A.M. (Wilcox, Wil) (Entered: 09/16/2009)
09/30/2009500 AMENDED ORDER of USCA filed as to Peter Xuong Lam re Judgment and Commitment, 449 , CCA #09-50265. Appellant's request for leave to file a corrected transcript designation is granted. The designation submitted August 7, 2009, shall be filed nunc pro tunc. The transcript for the October 10, 2008 transcript is now due October 6, 2009. Briefing is amended as follows: the opening brief is due November 16, 2009; the answering brief is due December 16, 2009; and the optional reply brief is due 14 days after service of the answering brief. A copy of this order shall be provided to Court Reporter Mark Schweitzer. Order received in this district on 9/30/09. (lr) (Entered: 10/02/2009)
10/09/2009501 TRANSCRIPT filed as to Defendant Peter Xuong Lam for proceedings held on 10-10-08: 11:00 A.M. Court Reporter/Electronic Court Recorder: Mark Schweitzer, CSR, phone number 213-663-3494. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 10/30/2009. Redacted Transcript Deadline set for 11/9/2009. Release of Transcript Restriction set for 1/7/2010.(Schweitzer, Mark) (Entered: 10/09/2009)
10/28/2009502  APPLICATION for Order for FORFEITURE Filed by Plaintiff USA as to Defendant Peter Xuong Lam (Attachments: # 1 [PROPOSED] FINAL ORDER OF FORFEITURE)(Johns, Joseph) (Entered: 10/28/2009)
11/03/2009503  OPPOSITION to APPLICATION for Order for FORFEITURE 502 filed by Defendant Peter Lam. (Locklin, James) (Entered: 11/03/2009)
11/24/2009504 AMENDED TRANSCRIPT DESIGNATION AND ORDERING FORM as to Peter Xuong Lam, for Dates: 12/18/2007; Court Reporter: Miriam Baird; Court of Appeals Case Number: 09-50265; Re: Notice of Appeal to USCA - Final Judgment,, 451 (Locklin, James) (Entered: 11/24/2009)
12/04/2009505 CERTIFICATE OF RECORD Transmitted to USCA as to Defendant Peter Xuong Lam, re Notice of Appeal to USCA - Final Judgment, 451 ; Court of Appeals Case Number: 09-50265. (dmap) (Entered: 12/04/2009)
12/07/2009506 ORDER by Judge Philip S. Gutierrez granting 502 Application for Final Order of FORFEITURE as to Peter Xuong Lam (6): On May 18, 2009, the Court entered a Preliminary Order of Forfeiture forfeiting the following property, 267,570 pounds of frozen fish fillets, and a money judgment of $12,578,676, pursuant to Title 21, United States Code, Sections 853(p)(1)(B) and (p)(2); and Title 28, United States Code, Section 2461(c). The United States represents that it has complied with the publication and notice requirements of the Preliminary Order and that no petitions have been filed. THEREFORE, it is ordered that the above-described property shall be forfeited to the United States, pursuant to Title 21, United States Code, Sections 853(p)(1)(B) and (p) (2); and Title 28, United States Code, Section 2461(c). All right, title, and interest in said property is vested in the United States of America. The appropriate federal agency shall dispose of the forfeited property according to law. (bm) (Entered: 12/07/2009)
12/08/2009507  EX PARTE APPLICATION for Disclosure of Jury Notes and Verdict Forms to Defense Counsel for Purposes of Appeal. Filed by Defendant Peter Xuong Lam (Attachments: # 1 Proposed Order)(Locklin, James) (Entered: 12/08/2009)
12/09/2009508  ORDER by Judge Philip S. Gutierrez granting 507 Ex Parte Application for Disclosure as to Peter Xuong Lam (6): GOOD CAUSE HAVING BEEN SHOWN, IT IS HEREBY ORDERED THAT the Clerk shall disclose and provide copies of all jury notes (including docket numbers 333, 334, 335, 336, 337, and 338), any responses to such notes, and the jury's verdict forms (including docket numbers 339, 340, 364) to defendant Peter X. Lam's appellate counsel (the Office of the Federal Public Defender). Lam's appellate counsel may provide copies of these documents to the government and the defendant, and he may file them under seal in the Ninth Circuit if necessary to the appeal. (bm) (Entered: 12/10/2009)
12/17/2009509 ORDER of USCA filed as to Peter Xuong Lam re 9th CCA Assigned Case Number Notice 456 , CCA #09-50265. The Order received in this district on 12/17/2009. Appellant's unopposed motion for a second extension of time to file the oepning brief is granted. The opening brief is due January 15, 2010, the answering brief is due February 16, 2010; and the optional reply brief is due within 14 days after service of the answering brief. Court records do not currently reflect that the district court has issued the certificate of record. Appellant shall monitor the issurance of the certificate (lra) (Entered: 12/18/2009)
01/07/2010510 ORDER of USCA filed as to Peter Xuong Lam re Judgment and Commitment 449 , CCA #09-50265. The Order Order received in this district on 1/07/10. Appellant's unopposed motion for a third extension of time to file the opening brief is granted. Brief schedule set. (cbr) (Entered: 01/08/2010)
02/11/2010511 ORDER of USCA filed as to Peter Xuong Lam, CCA #09-50265. Appellant's motion for a fourth extension of time to file the opening brief is granted. The opening brief is due March 9, 2010; the answering brief is due April 8, 2010; and the optional reply brief is due within 14 days after service of the answering brief. Any further request for an extension of time to file the opening brief is strongly disfavored. Order received in this district on 2/11/2010. (dmap) (Entered: 02/16/2010)
03/26/2010517 REQUEST FOR CALENDAR DATE filed as to Defendant T.P. Company Preliminary Revocation Hearing set for 4/26/2010 at 10:30 AM before Judge Philip S. Gutierrez. (lw) (Entered: 03/26/2010)
03/26/2010518 PROBATION FORM 12 as to Defendant T.P. Company, ORDER OF THE COURT by Judge Philip S. Gutierrez. (bm) (Entered: 03/26/2010)
04/14/2010519 PROBATION FORM 12 as to Defendant T.P. Company, ORDER OF THE COURT by Judge Philip S. Gutierrez. (bm) (Entered: 04/15/2010)
04/19/2010523 ORDER of USCA filed as to Peter Xuong Lam re Judgment and Commitment, 449 , CCA #09-50265. Appellant's motion for leave to file an oversized opening brief is granted in part. Within 21 days after the date of this order, appellant shall file an opening brief not exceeding 19,000 words. The answering brief is due 30 days after service of the opening brief. The optional reply brief is due within 14 days after service of the answering brief. Order received in this district on 4/19/2010. (lr) (Entered: 04/20/2010)
06/17/2010526 ORIGINAL AND COPY OF PROBATION FORM 22 sent to USDC Northern District of Illinois at Chicago as to Defendant David S Wong. (Attachments: # 1 Prob 22 Transfer of Jurisdiction Order) (bm) (Entered: 06/17/2010)
07/01/2010527 ORDER of USCA filed as to Peter Xuong Lam, CCA #09-50265. The government's unopposed motion for a second extension of time to file the answering brief is granted. The answering brief is due July 12, 2010. The optional reply brief is due within 14 days after service of the answering brief. Order received in this district on 7/1/10. (car) (Entered: 07/06/2010)
07/22/2010528 RECEIPT/ACKNOWLEDGEMENT OF Supervised Release Transfer documents by United States District Court, Northern District of Illinois, District Judge James Holderman as to David S Wong. Transfer case number: 07-cr-373-1. (shb) (Entered: 07/23/2010)
08/11/2010529 ORDER of USCA filed as to Peter Xuong Lam re Judgment and Commitment, 449 , CCA #09-50265. The opening brief submitted on May 10, 2010 has been filed. The parties' joint motion for modification of the April 19, 2010 order is granted. The government's motion for leave to file an oversized answering brief is granted. The Clerk shall file the answering brief submitted on July 12,2010, consisting of 15,807 words. Appellant's unopposed motion for an extension of time to file the reply brief is granted. The optional reply brief, not to exceed 9,500 words, in due August 30, 2010. Order received in this district on 8/11/2010. (lr) (Entered: 08/12/2010)
08/30/2010533 ORDER of USCA filed as to Defendant Peter Xuong Lam re Judgment and Commitment, 449 , CCA #09-50265. The reply brief submitted on August 30, 2010 is filed. Order received in this district on 3/29/2011. (lr) (Entered: 03/31/2011)
07/20/2011535 ORDER of USCA filed as to Defendant Peter Xuong Lam, CCA #09-50265. Appellant's petition for panel rehearing filed 7/13/11, is DENIED. An amended memorandum disposition is filed concurrently with this order. No further petitions shall be entertained. Order Order received in this district on 7/20/11. (car) (Entered: 07/20/2011)
07/28/2011536 MANDATE of the 9th CCA filed as to Defendant Peter Xuong Lam Notice of Appeal to USCA 451 CCA #09-50265. This matter is remanded to the District Court for resentencing. Mandate received in this district on 7/28/2011. (dmap) (Entered: 07/29/2011)
07/29/2011537 NOTICE OF HEARING ON USCA MANDATEas to Defendant Peter Xuong Lam, re USCA CR Mandate 536 : Hearing on USCA Judgment-Mandate-Order set for 8/29/2011 at 10:30 AM before Judge Philip S. Gutierrez in Courtroom 880. United States Courthouse located at: 255 E. Temple Street, Los Angeles, CA 90012. If the defendant's presence is required, the U. S. Attorney is directed to prepare and immediately issue to the U. S. Marshal, Form USA-475, Request of United States Attorney for Production of Federal Prisoner in the custody of the United States, pursuant to Title 18, United States Code, Section 3621(d). It will be necessary for the defendant and all counsel to be present at that date and time. (lw) (Entered: 08/01/2011)
08/02/2011538 NOTICE OF APPEARANCE OR REASSIGNMENT of Deputy Public Defender Jennifer J Uyeda on behalf of Defendant Peter Xuong Lam. Filed by Defendant Peter Xuong Lam. (Uyeda, Jennifer) (Entered: 08/02/2011)
08/30/2011542 MINUTES OF IN CHAMBERS ORDER by Judge Philip S. Gutierrez as to Defendant Peter Xuong Lam: PLEASE BE ADVISED that at the request of counsel, the Hearing on the Mandate is reset for Tuesday, September 6, 2011 at 2:00pm. Defendant Lam is ordered to be present on that date and time. (bm) (Entered: 08/30/2011)
09/06/2011543 MINUTES OF HEARING ON THE MANDATE FILED 07-28-11 held before Judge Philip S. Gutierrez as to Defendant Peter Xuong Lam: Counsel suggest possible sentencing dates, and the Court approves Monday, December 5, 2011 at 11:00am. The defendant is ordered to return on that date and time. Court Reporter: Miriam Baird. (bm) (Entered: 09/07/2011)
10/24/2011545  STIPULATION to Continue SENTENCING HEARING from DECEMBER 5, 2011 to JANUARY 23, 2012 AT 11:00 A.M. filed by Defendant Peter Xuong Lam (Attachments: # 1 Proposed Order)(Uyeda, Jennifer) (Entered: 10/24/2011)
10/25/2011546 ORDER CONTINUING SENTENCING by Judge Philip S. Gutierrez as to Defendant Peter Xuong Lam: GOOD CAUSE HAVING BEEN SHOWN, IT IS HEREBY ORDERED that the sentencing hearing be continued from December 5, 2011 to January 23, 2012 at 11:00 a.m. (bm) (Entered: 10/26/2011)
01/10/2012548 NOTICE of Manual Filing of Unopposed Ex Parte Application to File Under Seal; Memorandum of Points and Authorities; Declaration of Counsel; (Proposed) Order; Defendant's Position Re: Sentencing; Exhibits filed by Defendant Peter Xuong Lam (Uyeda, Jennifer) (Entered: 01/10/2012)
01/10/2012549  OPPOSITION to MOTION for Order for preliminary order for forfeiture 351 filed by Defendant Peter X. Lam. (Uyeda, Jennifer) (Entered: 01/10/2012)
01/10/2012552 UNOPPOSED EX PARTE APPLICATION TO FILE UNDER SEAL; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF COUNSEL as to Defendant Peter Xuong Lam filed by Defendant Peter Xuong Lam. Lodged proposed order. (bm) (Entered: 01/12/2012)
01/11/2012550 POSITION WITH RESPECT TO PRESENTENCE REPORT filed by Plaintiff USA as to Defendant Peter Xuong Lam (Johns, Joseph) (Entered: 01/11/2012)
01/12/2012551 GOVERNMENT'S REQUEST TO RENEW ITS MOTION FOR PRELIMINARY ORDR OF FORFEITURE; SUPPORTING MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF JOSEPH O. JOHNS IN SUPPORT THEREOF filed by Plaintiff USA as to Defendant Peter Xuong Lam (Johns, Joseph) (Entered: 01/12/2012)
01/12/2012553 ORDER SEALING DOCUMENTS by Judge Philip S. Gutierrezgranting 552 Application to Seal Document as to Peter Xuong Lam (6): GOOD CAUSE HAVING BEEN SHOWN, IT IS HEREBY ORDERED that the document entitled, Defendant's Position re Sentencing and its accompanying exhibits shall be filed under seal. (bm) (Entered: 01/17/2012)
01/12/2012558 SEALED DOCUMENT- Defendant's Memorandum Re: Resentencing. (Attachments: Part 2, Part 3, Part 4, Part 5, Part 6, Part 7, Part 8)(mat) (Entered: 01/19/2012)
01/18/2012557  filed by Defendant Peter Xuong Lam DEFENDANT'S OPPOSITION TO GOVERNMENT'S MOTION FOR FORFEITURE Re: Miscellaneous Document, 551 (Uyeda, Jennifer) (Entered: 01/18/2012)
01/19/2012559  STIPULATION to Continue SENTENCING HEARING from JANUARY 23, 2012 to JANUARY 30, 2012 AT 11:00 A.M. filed by Plaintiff Virginia Star Seafood Corporation as to Defendant Peter Xuong Lam (Attachments: # 1 Proposed Order)(Uyeda, Jennifer) (Entered: 01/19/2012)
01/19/2012560 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Opposition to Motion for Forfeiture 557 . The following error(s) was found: Incorrect event selected. The correct event is: Responses/Replies/Other Motion Related Documents-Opposition to Motion. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) (Entered: 01/19/2012)
01/20/2012561 ORDER CONTINUING SENTENCING HEARING by Judge Philip S. Gutierrez as to Defendant Peter Xuong Lam: GOOD CAUSE HAVING BEEN SHOWN, IT IS HEREBY ORDERED that the sentencing hearing be continued from January 23, 2012 to January 30, 2012 at 11:00 a.m. (bm) (Entered: 01/20/2012)
01/26/2012562  STIPULATION to Continue SENTENCING HEARING from JANUARY 30, 2012 to FEBRUARY 13, 2012 AT 11:00 A.M. filed by Defendant Peter Xuong Lam (Attachments: # 1 Proposed Order)(Uyeda, Jennifer) (Entered: 01/26/2012)
01/26/2012563 ORDER TO CONTINUE Sentencing by Judge Philip S. Gutierrez as to Defendant Peter Xuong Lam. IT IS HEREBY ORDERED that the sentencing hearing be continued from January 30, 2012 to February 13, 2012 at 11:00 AM. (lw) (Entered: 01/26/2012)
02/10/2012565 NOTICE OF APPEARANCE OR REASSIGNMENT of Deputy Public Defender James H Locklin on behalf of Defendant Peter Xuong Lam. Filed by Defendant Peter Xuong Lam. (Locklin, James) (Entered: 02/10/2012)
02/13/2012569 PRELIMINARY ORDER FOR FORFEITURE by Judge Philip S. Gutierrez as to Defendant Peter Xuong Lam, re MOTION for Order for preliminary order for forfeiture 351 : NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that defendant Lam shall forfeit to the United States the sum of $12,578,676, IT IS FURTHER ORDERED that defendant Lam shall forfeit to the United States the 267,570 pounds of frozen fish fillets identified in Attachment A hereto, pursuant to Title 18, United States Code, Section 545 and Rule 32.2(b) of the Federal Rules of Criminal Procedure; IT IS FURTHER ORDERED that the United States, through its appropriate agency, having previously seized the forfeited property, shall forthwith publish on www.forfeiture.gov, a government website, for at least thirty days, notice of this Order, notice of the government's intent to dispose of the property in such a manner at the Attorney General may direct and notice that any person, other than the defendant, having or claiming a legal interest in the property must file a petition with the Court and serve a copy on government counsel withing thirty (30) days of the final publication of notice or of receipt of actual notice, whichever is earlier; IT IS FURTHER ORDERED that the United States District Court shall retain jurisdication in the case for the purpose of enforcing this Order; IT IS FURTHER ORDERED that pursuant to Rule 32.2(b)(3), this Order of Forfeiture shall become final as to defendant at the time of sentencing, and shall be made part of the sentence and included in the judgment; IT IS FURTHER ORDERED that the United States may, at any time, move pursuant to Rule 32.2(e), and 21 U.S.C. 853(p)(1)(B) and (p)(2), and 28 U.S.C. 2461(c), to amend this Order of Forfeiture to substitute property having a value not to exceed $3,041,398.97 for defendant Lam to satisfy the money judgment in whole or in part; and IT IS FURTHER ORDERED that the Clerk of the Court shall forward four certified copies of this Order to Senior Trial Attorney Elinor Colbourn, U.S. Department of Justice, Environment and Natural Resources Section, 601 D. St., NW, Room 2132, Washington, D.C. 20004. (bm) (Entered: 02/14/2012)
02/13/2012573 MINUTES OF RE-SENTENCING Hearing held before Judge Philip S. Gutierrez as to Defendant Peter Xuong Lam. Defendant Peter Xuong Lam (6), Count(s) 1r, 2r, 3r, 4r, Defendant is committed to the custody of the Bureau of Prisons for 41 months months on each of Counts 1, 2, 3, and 4 of the Indictment, to be served concurrently with each other, under the terms and conditions of the U.S. Probation Office and General Order 318. Special assessment of $400. All fines waived. Defendant advised of right of appeal. Court Reporter: Miriam Baird. (bm) (Entered: 02/17/2012)
02/15/2012570  EX PARTE APPLICATION for Order for Modification of Preliminary Order of Forfeiture Filed by Defendant Peter Xuong Lam (Attachments: # 1 Proposed Order)(Locklin, James) (Entered: 02/15/2012)
02/15/2012571 ORDER by Judge Philip S. Gutierrez granting 570 Ex Parte Application as to Peter Xuong Lam (6): GOOD CAUSE HAVING BEEN SHOWN, IT IS HEREBY ORDERED THAT the preliminary order of forfeiture signed by the Court on February 13, 2012, is modified to add the following language: "IT IS FURTHER ORDERED that, with regard to the above-referenced money judgment / forfeiture, Lam is jointly and severally liable with any person or entity against whom a forfeiture order may be entered as to the same property in this or any other case." (bm) (Entered: 02/16/2012)
02/16/2012574 AMENDED JUDGMENT by Judge Philip S. Gutierrez as to Defendant Peter Xuong Lam (6), Count(s) 1r, 2r, 3r, 4r, Defendant is committed to the custody of the Bureau of Prisons for 41 months months on each of Counts 1, 2, 3, and 4 of the Indictment, to be served concurrently with each other, under the terms and conditions of the U.S. Probation Office and General Order 318. Special assessment of $400. All fines waived. The defendant is advised of the right to appeal. Government's request for forfeiture is granted; proposed order executed. (bm) (Entered: 02/17/2012)
02/21/2012575 NOTICE OF APPEAL to Appellate Court filedby Defendant Peter Xuong Lam (Locklin, James) (Entered: 02/21/2012)
02/21/2012576 TRANSCRIPT DESIGNATION AND ORDERING FORM as to Peter Xuong Lam, for Dates: 09/06/2011; 02/13/2012; Court Reporter: Miriam Baird; Re: Notice of Appeal to USCA - Final Judgment 575 (Locklin, James) (Entered: 02/21/2012)
02/21/2012577 TRANSCRIPT ORDER for date of proceedings 09/06/2011 to 02/13/2012 as to Defendant Peter Xuong Lam. Court Reporter Miriam Baird.Order for: Criminal Appeal. Transcript portion requested: Other: 09/06/2011 (remand hearing); 02/13/2012 (resentencing). Criminal case appeal. 60 day deadline automatically set (Attachments: # 1 Voucher)(Locklin, James) (Entered: 02/21/2012)
02/21/2012578 NOTIFICATION by Circuit Court of Appellate Docket Number 12-50080 as to Defendant Peter Xuong Lam, 9th CCA regarding Notice of Appeal to USCA - Final Judgment 575 . (car) (Entered: 02/22/2012)
04/19/2012579 TRANSCRIPT filed as to Defendant Peter Xuong Lam for proceedings held on 9-6-11 2:00 p.m.. Court Reporter/Electronic Court Recorder: MIRIAM V. BAIRD, phone number (213) 894-2853. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/10/2012. Redacted Transcript Deadline set for 5/20/2012. Release of Transcript Restriction set for 7/18/2012.(ha) (Entered: 04/19/2012)
04/19/2012580 TRANSCRIPT filed as to Defendant Peter Xuong Lam for proceedings held on 2/13/12 2:00 p.m.. Court Reporter/Electronic Court Recorder: MIRIAM V. BAIRD, phone number (213) 894-2853. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/11/2012. Redacted Transcript Deadline set for 5/21/2012. Release of Transcript Restriction set for 7/19/2012 (ha). (Entered: 04/20/2012)
04/19/2012581 NOTICE OF FILING TRANSCRIPT filed as to Defendant Peter Xuong Lam for proceedings 9/6/11 2:00 p.m. & 2/13/12 2:00 p.m. (ha) Modified on 4/20/2012 (ha). (Entered: 04/20/2012)