USA v. Virginia Star Seafood Corporation et al

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 by	Jeffrey 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 by	Jeffrey 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 by	James 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 by	Judith 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 by	Janis 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 by	Elliot 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 by	Barbara 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 by	Barbara 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 by	Roger 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 by	Roger 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 by	Elinor 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	1	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)
05/24/2007	2	CASE SUMMARY filed by AUSA Joseph O. Johns as to Defendant Virginia Star Seafood Corporation (es, ) (Entered: 05/25/2007)
05/24/2007	3	CASE SUMMARY filed by AUSA John O. Johns as to Defendant International Sea Products Corporation (es, ) (Entered: 05/25/2007)
05/24/2007	4	CASE SUMMARY filed by AUSA John O. Johns as to Defendant Silver Seas Company (es, ) (Entered: 05/25/2007)
05/24/2007	5	CASE SUMMARY filed by AUSA John O Johns as to Defendant Blue Ocean Seafood Corporation (es, ) (Entered: 05/25/2007)
05/24/2007	6	CASE SUMMARY filed by AUSA John O. Johns as to Defendant Nhan Huhn Dat Nguyen; defendants Year of Birth: 1980 (es, ) (Entered: 05/25/2007)
05/24/2007	7	CASE SUMMARY filed by AUSA John O. Johns as to Defendant Peter Xuong Lam; defendants Year of Birth: 1959 (es, ) (Entered: 05/25/2007)
05/24/2007	8	CASE SUMMARY filed by AUSA John O. Johns as to Defendant Arthur Yavelburg; defendants Year of Birth: 1945 (es, ) (Entered: 05/25/2007)
05/24/2007	9	CASE SUMMARY filed by AUSA John O. Johns as to Defendant Cantho Animal Fishery Products Processing Enterprise (es, ) (Entered: 05/25/2007)
05/24/2007	10	CASE SUMMARY filed by AUSA John O. Johns as to Defendant Anhaco (es, ) (Entered: 05/25/2007)
05/24/2007	11	CASE SUMMARY filed by AUSA John O. Johns as to Defendant An Giang Argricultural Technology Service Company (es, ) (Entered: 05/25/2007)
05/24/2007	12	CASE SUMMARY filed by AUSA John O. Johns as to Defendant Binh Dinh Import Export Company (es, ) (Entered: 05/25/2007)
05/24/2007	13	CASE SUMMARY filed by AUSA John O. Johns as to Defendant David S Wong; defendants Year of Birth: 1944 (es, ) (Entered: 05/25/2007)
05/24/2007	14	CASE SUMMARY filed by AUSA John O. Johns as to Defendant True World Foods Inc. (es, ) (Entered: 05/25/2007)
05/24/2007	15	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)
05/24/2007	16	CASE SUMMARY filed by AUSA John O. Johns as to Defendant Dakon International (es, ) (Entered: 05/25/2007)
05/24/2007	17	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)
05/24/2007	18	CASE SUMMARY filed by AUSA John O. Johns as to Defendant T.P. Company (es, ) (Entered: 05/25/2007)
05/24/2007	19	NOTICE OF REQUEST FOR DETENTION filed by Plaintiff USA as to Defendant Nhan Huhn Dat Nguyen (es, ) (Entered: 05/25/2007)
05/24/2007	20	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)
05/24/2007	21	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)
05/24/2007	22	CASE SUMMARY filed by AUSA Joseph Johns as to Defendant Virginia Star Seafood Corporation; defendants Year of Birth: Corporation. (ab, ) (Entered: 05/25/2007)
05/29/2007	23	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)
06/14/2007	25	Rule 5(c)(3) Documents Received as to Tai Wai David Chu. (ca) (Entered: 06/19/2007)
06/14/2007	26	Rule 5(c)(3) Documents Received as to Henry C.D. Yip. (ca) (Entered: 06/19/2007)
06/15/2007	27	Rule 5(c)(3) Documents Received from USDC District of Chicago at Illinois as to David S Wong (es) (Entered: 06/20/2007)
06/15/2007	29	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)
06/18/2007	24	Summons Returned Executed on 6/7/07 as to Dakon International (es) (Entered: 06/19/2007)
06/20/2007	28	Summons Returned Executed on 6/12/07. as to International Sea Products Corporation. (ab) (Entered: 06/21/2007)
06/28/2007	30	Summons Returned Executed on 6/21/07. as to Virginia Star Seafood Corporation (es) (Entered: 06/29/2007)
07/03/2007	31	Summons Returned Executed on June 27. as to Blue Ocean Seafood Corporation (cbr) (Entered: 07/09/2007)
07/09/2007	33	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)
07/09/2007	34	STATEMENT OF CONSTITUTIONAL RIGHTS filed by Defendant Virginia Star Seafood Corporation (mco) (Entered: 07/27/2007)
07/09/2007	35	DESIGNATION AND APPEARANCE OF COUNSEL; filed by Jeffrey H Rutherford appearing for Virginia Star Seafood Corporation (mco) (Entered: 07/27/2007)
07/09/2007	36	DESIGNATION AND APPEARANCE OF COUNSEL; filed by Jeffrey H Rutherford appearing for International Sea Products Corporation (mco) (Entered: 07/27/2007)
07/09/2007	37	STATEMENT OF CONSTITUTIONAL RIGHTS filed by Defendant Peter Xuong Lam (mco) (Entered: 07/27/2007)
07/09/2007	38	DESIGNATION AND APPEARANCE OF COUNSEL; filed by Jeffrey H Rutherford appearing for Peter Xuong Lam (mco) (Entered: 07/27/2007)
07/09/2007	39	WAIVER of Defendants Presence filed by Defendant Peter Xuong Lam (mco) (Entered: 07/27/2007)
07/09/2007	40	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)
07/09/2007	41	STATEMENT OF CONSTITUTIONAL RIGHTS filed by Defendant Arthur Yavelburg (mco) (Entered: 07/27/2007)
07/09/2007	42	DESIGNATION AND APPEARANCE OF COUNSEL; filed by Nina Marino appearing for Arthur Yavelburg (mco) (Entered: 07/27/2007)
07/09/2007	43	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)
07/09/2007	44	DECLARATION re Passport filed by Defendant Arthur Yavelburg RE: Bond and Conditions (CR-1) 43 (mco) (Entered: 07/27/2007)
07/09/2007	45	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)
07/09/2007	47	STATEMENT OF CONSTITUTIONAL RIGHTS filed by Defendant David S Wong (mco) (Entered: 07/27/2007)
07/09/2007	48	DESIGNATION AND APPEARANCE OF COUNSEL; filed by Thomas Anthony Durkin appearing for David S Wong (mco) (Entered: 07/27/2007)
07/09/2007	49	STATEMENT OF CONSTITUTIONAL RIGHTS filed by Defendant Tai Wai David Chu (mco) (Entered: 07/27/2007)
07/09/2007	50	DESIGNATION AND APPEARANCE OF COUNSEL; filed by Barbara B. nguyen appearing for Tai Wai David Chu (mco) (Entered: 07/27/2007)
07/09/2007	51	STATEMENT OF CONSTITUTIONAL RIGHTS filed by Defendant Dakon International (mco) (Entered: 07/27/2007)
07/09/2007	52	DESIGNATION AND APPEARANCE OF COUNSEL; filed by Barbara B. nguyen appearing for Dakon International (mco) (Entered: 07/27/2007)
07/09/2007	53	STATEMENT OF CONSTITUTIONAL RIGHTS filed by Defendant Henry C.D. Yip (mco) (Entered: 07/27/2007)
07/09/2007	54	DESIGNATION AND APPEARANCE OF COUNSEL; filed by Roger W Patton appearing for Henry C.D. Yip (mco) (Entered: 07/27/2007)
07/09/2007	55	STATEMENT OF CONSTITUTIONAL RIGHTS filed by Defendant T.P. Company (mco) (Entered: 07/27/2007)
07/09/2007	56	DESIGNATION AND APPEARANCE OF COUNSEL; filed by Roger W Patton appearing for T.P. Company (mco) (Entered: 07/27/2007)
07/10/2007	32	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)
07/27/2007	46	NOTICE OF CLERICAL ERROR, as to Defendant Peter Xuong Lam: Due to clerical error Re: Declaration 45 (mco) (Entered: 07/27/2007)
08/01/2007	57	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)
08/01/2007	58	WAIVER of Defendants Presence filed by Defendant Arthur Yavelburg (Eiland, Nicole) (Entered: 08/01/2007)
08/02/2007	59	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)
08/02/2007	60	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)
08/06/2007	61	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)
08/06/2007	62	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)
08/06/2007	69	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)
08/07/2007	63	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)
08/07/2007	64	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)
08/07/2007	65	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)
08/08/2007	67	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)
08/09/2007	66	WAIVER of Defendants Presence filed by Defendant Arthur Yavelburg (Eiland, Nicole) (Entered: 08/09/2007)
08/10/2007	68	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)
08/13/2007	71	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)
08/14/2007	70	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)
08/14/2007	72	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)
08/16/2007	73	WAIVER of Defendants Presence filed by Defendant Arthur Yavelburg (Eiland, Nicole) (Entered: 08/16/2007)
08/17/2007	74	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)
08/17/2007	75	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)
08/17/2007	76	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)
08/23/2007	77	WAIVER of Defendants Presence filed by Defendant Arthur Yavelburg (Attachments: # 1 Proof of Service)(Marino, Nina) (Entered: 08/23/2007)
08/28/2007	78	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)
08/29/2007	79	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)
08/29/2007	81	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)
08/29/2007	82	Mail Returned Undeliverable re: Notice of Deficiency in Electronically Filed Documents (G-112A) 74 , as to Defendant Arthur Yavelburg. (roz) (Entered: 08/31/2007)
08/29/2007	83	Mail Returned Undeliverable re: Notice of Deficiency in Electronically Filed Documents (G-112A) 74 , as to Defendant Arthur Yavelburg. (roz) (Entered: 08/31/2007)
08/31/2007	80	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)
09/05/2007	84	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)
09/07/2007	85	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)
09/07/2007	86	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)
09/10/2007	87	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)
09/10/2007	88	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)
09/10/2007	89	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)
09/10/2007	90	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)
09/10/2007	91	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)
09/12/2007	92	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)
09/20/2007	93	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)
09/25/2007	94	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)
10/01/2007	95	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)
10/09/2007	96	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)
10/15/2007	97	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)
10/15/2007	98	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)
10/15/2007	99	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)
10/15/2007	100	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)
10/16/2007	101	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)
10/16/2007	102	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)
10/16/2007	103	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)
10/16/2007	104	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)
10/18/2007	105	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)
10/18/2007	106	[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)
10/18/2007	110	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)
10/19/2007	107	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)
10/19/2007	108	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)
10/19/2007	109	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)
10/31/2007	112	Mail Returned Undeliverable as to Defendant Virginia Star Seafood Corporation (es) (Entered: 11/08/2007)
11/05/2007	111	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)
11/16/2007	113	FIRST SUPERSEDING INFORMATION filed as to Henry C.D. Yip (16) count(s) 1s. (es) (Entered: 11/16/2007)
11/16/2007	114	CASE SUMMARY filed by AUSA Joseph Johns as to Defendant Henry C.D. Yip; defendants Year of Birth: 1940 (es) (Entered: 11/16/2007)
11/16/2007	115	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)
11/16/2007	116	MEMORANDUM filed by Plaintiff USA as to Defendant Henry C.D. Yip Re Judge Stephen G. Larson. (es) (Entered: 11/16/2007)
11/27/2007	117	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)
11/28/2007	119	WAIVER OF INDICTMENT by Defendant Henry C.D. Yip before Judge Philip S. Gutierrez (ab) (Entered: 11/30/2007)
11/28/2007	121	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)
11/28/2007	122	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)
11/28/2007	188	PLEA AGREEMENT FOR DEFENDANT T.P. COMPANY (cbr) (mat). Modified on 9/23/2009 (mat). (Entered: 01/24/2008)
11/28/2007	189	PLEA AGREEMENT FOR DEFENDANT HENRY C.D. YIP. (cbr) (mat). Modified on 9/23/2009 (mat). (Entered: 01/24/2008)
11/29/2007	118	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)
11/30/2007	120	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)
12/03/2007	123	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)
12/03/2007	124	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)
12/03/2007	125	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)
12/03/2007	126	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)
12/03/2007	127	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)
12/03/2007	128	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)
12/03/2007	129	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)
12/03/2007	130	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)
12/04/2007	131	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)
12/04/2007	132	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)
12/05/2007	133	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)
12/06/2007	134	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)
12/12/2007	135	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)
12/13/2007	136	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)
12/13/2007	137	REPLY opposition MOTION to Suppress 124 filed by Plaintiff USA as to Defendant Virginia Star Seafood Corporation. (Johns, Joseph) (Entered: 12/13/2007)
12/13/2007	138	RESPONSE IN OPPOSITION filed by Plaintiff USA as to Defendant Virginia Star Seafood Corporation (Johns, Joseph) (Entered: 12/13/2007)
12/13/2007	139	EXHIBIT B to MOTION to Sever Defendant 126 filed by Plaintiff USA as to Defendant Wong. (Heidel, Sarah) (Entered: 12/13/2007)
12/14/2007	140	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)
12/14/2007	141	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)
12/17/2007	142	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)
12/17/2007	143	filed by Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Peter Xuong Lam (Rutherford, Jeffrey) (Entered: 12/17/2007)
12/17/2007	144	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)
12/17/2007	147	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)
12/18/2007	145	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)
12/18/2007	146	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)
12/18/2007	499	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)
12/19/2007	148	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)
12/20/2007	182	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)
12/27/2007	149	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)
01/04/2008	150	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)
01/07/2008	151	PROPOSED VOIR DIRE QUESTIONS filed by Defendant David S Wong (Johns, Joseph) (Entered: 01/07/2008)
01/07/2008	152	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)
01/07/2008	153	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)
01/07/2008	154	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)
01/07/2008	155	PROPOSED VOIR DIRE QUESTIONS filed by Plaintiff USA as to Defendant David S Wong (Johns, Joseph) (Entered: 01/07/2008)
01/07/2008	156	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)
01/07/2008	157	filed by Defendant Virginia Star Seafood Corporation, International Sea Products Corporation, Peter Xuong Lam (Rutherford, Jeffrey) (Entered: 01/07/2008)
01/07/2008	158	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)
01/07/2008	159	REPLY support MOTION to Suppress STATEMENTS BY DEFENDANT PETER XUONG LAM 123 filed by Defendant Peter Xuong Lam. (Rutherford, Jeffrey) (Entered: 01/07/2008)
01/07/2008	161	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)
01/07/2008	162	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)
01/07/2008	168	WAIVER of Defendants Presence filed by Defendant Tai Wai David Chu (es) (Entered: 01/10/2008)
01/08/2008	160	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)
01/08/2008	163	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)
01/08/2008	164	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)
01/08/2008	165	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)
01/08/2008	167	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)
01/09/2008	166	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)
01/11/2008	169	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)
01/11/2008	170	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)
01/11/2008	171	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)
01/11/2008	172	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)
01/11/2008	173	PLEA AGREEMENT filed by Plaintiff USA as to Defendant David S Wong (Johns, Joseph) (Entered: 01/11/2008)
01/14/2008	175	SECOND SUPERSEDING INFORMATION filed as to David S Wong (12) count(s) 1s, 2s. (ca) (Entered: 01/22/2008)
01/14/2008	176	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)
01/15/2008	174	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)
01/23/2008	181	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)
02/05/2008	190	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)
02/05/2008	191	Mail Returned Undeliverable as to Defendant Virginia Star Seafood Corporation (es) (Entered: 02/08/2008)
02/05/2008	192	Mail Returned Undeliverable as to Defendant Virginia Star Seafood Corporation (es) (Entered: 02/08/2008)
02/15/2008	193	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)
02/15/2008	194	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)
02/19/2008	195	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)
02/19/2008	196	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)
02/20/2008	197	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)
02/20/2008	198	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)
02/20/2008	199	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)
02/20/2008	200	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)
02/27/2008	201	PROPOSED VOIR DIRE QUESTIONS filed by Plaintiff USA as to Defendant Virginia Star Seafood Corporation (Johns, Joseph) (Entered: 02/27/2008)
03/11/2008	206	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)
03/17/2008	202	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)
03/18/2008	203	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)
03/20/2008	204	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)
03/20/2008	205	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)
03/24/2008	208	SEALED DOCUMENT - EX PARTE APPLICATION TO FILE UNDER SEAL. (cbr) (Entered: 04/14/2008)
03/24/2008	209	SEALED DOCUMENT - ORDERS, IN THE ALTERNATIVE (cbr) (Entered: 04/14/2008)
03/24/2008	210	SEALED DOCUMENT - STIPULATION REGARDING CONTINUANCE OF TRIAL DATE AND EXCLUDABLE TIME UNDER SPEEDY TRIAL ACT; ORDER. (cbr) (Entered: 04/14/2008)
04/09/2008	207	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)
04/14/2008	211	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)
05/22/2008	212	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)
05/27/2008	213	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)
06/20/2008	214	GOVERNMENT'S RESPONSE TO PRESENTENCE REPORT filed by Plaintiff USA as to Defendant David S Wong (Johns, Joseph) (Entered: 06/20/2008)
06/23/2008	215	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)
07/15/2008	216	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)
07/22/2008	217	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)
07/31/2008	218	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)
08/06/2008	219	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)
08/06/2008	220	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)
08/11/2008	221	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)
08/11/2008	222	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)
08/11/2008	223	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)
08/13/2008	224	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)
08/14/2008	225	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)
08/14/2008	226	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)
08/20/2008	227	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)
08/22/2008	232	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)
08/25/2008	228	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)
08/25/2008	229	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)
08/26/2008	230	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)
08/26/2008	231	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)
08/27/2008	248	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)
08/28/2008	236	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)
09/02/2008	237	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)
09/02/2008	238	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)
09/02/2008	239	PLEA AGREEMENT filed by Plaintiff USA as to Defendant Dakon International (Johns, Joseph) (Entered: 09/02/2008)
09/02/2008	240	PLEA AGREEMENT filed by Plaintiff USA as to Defendant Tai Wai David Chu (Johns, Joseph) (Entered: 09/02/2008)
09/02/2008	242	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)
09/02/2008	243	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)
09/02/2008	244	CASE SUMMARY filed by AUSA Joseph O. Johns as to Defendant Dakon International. (bm) (Entered: 09/04/2008)
09/02/2008	245	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)
09/02/2008	246	MEMORANDUM filed by Plaintiff USA as to Defendant Tai Wai David Chu, Dakon International re Judge Stephen G. Larson. (bm) (Entered: 09/04/2008)
09/03/2008	241	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)
09/04/2008	247	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)
09/05/2008	249	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)
09/05/2008	250	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)
09/05/2008	251	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)
09/08/2008	252	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)
09/08/2008	253	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)
09/08/2008	254	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)
09/08/2008	255	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)
09/08/2008	256	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)
09/10/2008	257	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)
09/11/2008	258	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)
09/12/2008	260	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)
09/12/2008	261	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)
09/12/2008	262	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)
09/12/2008	263	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)
09/15/2008	259	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)
09/15/2008	264	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)
09/15/2008	268	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)
09/18/2008	265	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)
09/26/2008	266	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)
09/26/2008	267	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)
09/29/2008	269	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)
10/01/2008	270	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)
10/01/2008	271	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)
10/01/2008	272	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)
10/01/2008	273	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)
10/02/2008	274	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)
10/02/2008	275	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)
10/02/2008	276	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)
10/03/2008	277	REPLY In Support of Motion MOTION to Dismiss Case Dismiss Indictment 267 filed by Defendant Peter Xuong Lam. (Rutherford, Jeffrey) (Entered: 10/03/2008)
10/06/2008	278	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)
10/07/2008	279	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)
10/07/2008	280	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)
10/07/2008	281	PROPOSED VOIR DIRE QUESTIONS filed by Defendant Arthur Yavelburg (Attachments: # 1 Proof of Service)(Marino, Nina) (Entered: 10/07/2008)
10/07/2008	288	SEALED DOCUMENT- MINUTES OF IN CHAMBERS PROCEEDINGS: Under Seal (mat) (Entered: 10/09/2008)
10/08/2008	282	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)
10/08/2008	283	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)
10/08/2008	284	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)
10/08/2008	285	PROPOSED JURY VERDICT filed by Plaintiff USA as to Defendant Peter Xuong Lam, Arthur Yavelburg (Johns, Joseph) (Entered: 10/08/2008)
10/08/2008	286	PROPOSED JURY INSTRUCTIONS (Annotated Set set) filed by Plaintiff USA as to Defendant Peter Xuong Lam, Arthur Yavelburg (Johns, Joseph) (Entered: 10/08/2008)
10/08/2008	287	PROPOSED JURY INSTRUCTIONS (Clean Set set) filed by Plaintiff USA as to Defendant Peter Xuong Lam, Arthur Yavelburg (Johns, Joseph) (Entered: 10/08/2008)
10/09/2008	289	PROPOSED JURY INSTRUCTIONS (Unannotated set) filed by Defendant Arthur Yavelburg (Attachments: # 1 Proof of Service)(Marino, Nina) (Entered: 10/09/2008)
10/09/2008	290	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)
10/09/2008	291	PROPOSED JURY INSTRUCTIONS (Annotated Set set) filed by Plaintiff USA as to Defendant Peter Xuong Lam, Arthur Yavelburg (Johns, Joseph) (Entered: 10/09/2008)
10/09/2008	292	PROPOSED JURY INSTRUCTIONS (Unannotated Set set) filed by Plaintiff USA as to Defendant Peter Xuong Lam, Arthur Yavelburg (Johns, Joseph) (Entered: 10/09/2008)
10/09/2008	293	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)
10/09/2008	294	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)
10/10/2008	295	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)
10/10/2008	296	PROPOSED JURY INSTRUCTIONS (Annotated Set set) filed by Plaintiff USA as to Defendant Peter Xuong Lam, Arthur Yavelburg (Johns, Joseph) (Entered: 10/10/2008)
10/10/2008	297	PROPOSED JURY INSTRUCTIONS (Unannotated Set set) filed by Plaintiff USA as to Defendant Peter Xuong Lam, Arthur Yavelburg (Johns, Joseph) (Entered: 10/10/2008)
10/10/2008	298	NOTICE of Errata filed by Defendant Arthur Yavelburg RE: Jury Instructions (Proposed) 289 . (Attachments: # 1 Proof of Service)(Marino, Nina) (Entered: 10/10/2008)
10/10/2008	299	NOTICE of Errata filed by Defendant Arthur Yavelburg RE: Jury Instructions (Proposed) 289 . (Attachments: # 1 Proof of Service)(Marino, Nina) (Entered: 10/10/2008)
10/10/2008	300	PROPOSED JURY INSTRUCTIONS (Annotated set) filed by Defendant Arthur Yavelburg (Attachments: # 1 Proof of Service)(Marino, Nina) (Entered: 10/10/2008)
10/10/2008	301	PROPOSED JURY INSTRUCTIONS (Clean set) filed by Defendant Arthur Yavelburg (Attachments: # 1 Proof of Service)(Marino, Nina) (Entered: 10/10/2008)
10/10/2008	302	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)
10/10/2008	303	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)
10/10/2008	304	Governments Proposed Redacted Indictment filed by Plaintiff USA as to Defendant Peter Xuong Lam, Arthur Yavelburg (Johns, Joseph) (Entered: 10/10/2008)
10/10/2008	308	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)
10/13/2008	305	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)
10/13/2008	306	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)
10/13/2008	307	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)
10/14/2008	310	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)
10/14/2008	312	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)
10/15/2008	309	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)
10/15/2008	311	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)
10/15/2008	313	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)
10/16/2008	316	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)
10/17/2008	314	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)
10/17/2008	315	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)
10/17/2008	318	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)
10/20/2008	317	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)
10/20/2008	319	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)
10/21/2008	320	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. § 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)
10/21/2008	321	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)
10/22/2008	322	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)
10/23/2008	324	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)
10/24/2008	323	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)
10/24/2008	325	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)
10/27/2008	326	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)
10/28/2008	328	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)
10/29/2008	327	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)
10/29/2008	329	WITNESS LIST filed by Plaintiff USA. (da) (Entered: 10/30/2008)
10/29/2008	330	Jury Instructions (Given) by Judge Philip S. Gutierrez (da) (Entered: 10/30/2008)
10/29/2008	331	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)
10/29/2008	332	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)
10/29/2008	333	Jury Note (Number: 1) as to Peter Xuong Lam, Arthur Yavelburg. (bm) (Entered: 11/04/2008)
10/29/2008	334	Jury Note (Number: 2) as to Peter Xuong Lam, Arthur Yavelburg. (bm) (Entered: 11/04/2008)
10/29/2008	335	Jury Note (Number: 3) as to Peter Xuong Lam, Arthur Yavelburg. (bm) (Entered: 11/04/2008)
10/29/2008	336	Jury Note (Number: 4) as to Peter Xuong Lam, Arthur Yavelburg. (bm) (Entered: 11/04/2008)
10/29/2008	337	Jury Note (Number: 5) as to Peter Xuong Lam, Arthur Yavelburg. (bm) (Entered: 11/04/2008)
10/29/2008	338	Jury Note (Number: 6) as to Peter Xuong Lam, Arthur Yavelburg. (bm) (Entered: 11/04/2008)
10/29/2008	339	SPECIAL VERDICT FORM FOR DEFENDANT PETER XUONG LAM. (bm) (Entered: 11/04/2008)
10/29/2008	340	SPECIAL VERDICT FORM FOR DEFENDANT ARTHUR YAVELBERG. (bm) (Entered: 11/04/2008)
10/29/2008	341	LIST OF EXHIBITS AND WITNESSES at trial as to Peter Xuong Lam, Arthur Yavelburg. (bm) (Entered: 11/04/2008)
10/29/2008	342	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)
10/29/2008	343	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)
10/29/2008	364	SEALED DOCUMENT -SPECIAL VERDICT FORM AS TO DEFENDANT Javelberg (7) (sm) (Entered: 01/15/2009)
11/07/2008	344	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)
11/07/2008	345	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)
11/07/2008	346	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)
11/10/2008	347	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)
11/10/2008	348	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)
11/13/2008	349	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)
11/13/2008	350	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)
12/01/2008	351	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)
12/17/2008	353	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)
12/22/2008	352	OPPOSITION to MOTION for Order for preliminary order for forfeiture 351 filed by Defendant Peter X. Lam. (Rutherford, Jeffrey) (Entered: 12/22/2008)
12/30/2008	354	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)
12/30/2008	355	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)
01/02/2009	356	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)
01/02/2009	357	RESPONSE to Probation Officer's Pre-Sentencing Report filed by Defendant Dakon International (ir) (Entered: 01/06/2009)
01/02/2009	358	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)
01/02/2009	359	RESPONSE to Probation Officer's Pre-Sentencing Report filed by Defendant Tai Wai David Chu (ir) (Entered: 01/06/2009)
01/05/2009	360	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)
01/05/2009	362	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)
01/06/2009	361	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)
01/06/2009	363	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)
01/20/2009	365	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)
01/23/2009	368	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)
01/26/2009	366	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)
01/27/2009	367	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)
01/29/2009	369	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)
01/29/2009	370	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)
02/02/2009	371	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)
02/03/2009	372	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)
02/03/2009	373	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)
02/03/2009	374	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)
02/04/2009	375	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)
02/04/2009	376	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)
02/04/2009	377	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)
02/04/2009	378	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)
02/17/2009	379	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)
02/17/2009	380	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)
02/17/2009	381	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)
02/17/2009	382	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)
02/19/2009	383	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)
02/19/2009	384	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)
02/20/2009	385	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)
02/20/2009	386	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)
02/25/2009	387	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)
02/25/2009	388	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)
02/25/2009	389	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)
02/27/2009	390	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)
02/27/2009	391	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)
02/27/2009	392	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)
03/02/2009	393	POSITION WITH RESPECT TO filed by Defendant David S Wong PSR Objections Position Paper & Commentary on Sentencing Factors (Durkin, Thomas) (Entered: 03/02/2009)
03/03/2009	394	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)
03/03/2009	395	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)
03/03/2009	396	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)
03/05/2009	397	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)
03/05/2009	398	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)
03/10/2009	399	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)
03/11/2009	402	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)
03/11/2009	403	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)
03/12/2009	404	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)
03/16/2009	406	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)
03/17/2009	407	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)
03/20/2009	408	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)
03/24/2009	409	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)
03/24/2009	410	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)
03/30/2009	413	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)
03/30/2009	415	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)
03/31/2009	414	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)
03/31/2009	416	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)
04/29/2009	421	GOVERNMENT'S RESPONSE TO PRESENTENCE REPORT filed by Plaintiff USA as to Defendant Arthur Yavelburg (Johns, Joseph) (Entered: 04/29/2009)
04/29/2009	422	GOVERNMENT'S RESPONSE TO PRESENTENCE REPORT filed by Plaintiff USA as to Defendant Peter Xuong Lam (Johns, Joseph) (Entered: 04/29/2009)
04/30/2009	423	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)
05/04/2009	424	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)
05/04/2009	425	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)
05/04/2009	426	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)
05/05/2009	427	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)
05/05/2009	428	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)
05/06/2009	429	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)
05/11/2009	430	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)
05/11/2009	431	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)
05/11/2009	432	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)
05/13/2009	433	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)
05/13/2009	436	SEALED DOCUMENT- Exparte Application to File Under Seal; Memorandum of Points and Authorities; Declaration of Counsel.(mat) (Entered: 05/15/2009)
05/13/2009	437	SEALED DOCUMENT- Order Sealing Documents. (mat) (Entered: 05/15/2009)
05/13/2009	438	SEALED DOCUMENT- Defendant Peter X. Lam's Unredacted Position Regarding Sentencing. (Attachments: Part 2)(mat) (Entered: 05/15/2009)
05/15/2009	439	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)
05/18/2009	441	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)
05/18/2009	443	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)
05/18/2009	448	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)
05/20/2009	440	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)
05/20/2009	446	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)
05/20/2009	450	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)
05/21/2009	444	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)
05/21/2009	445	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)
05/21/2009	457	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)
05/22/2009	449	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)
05/22/2009	458	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)
05/26/2009	451	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)
05/26/2009	452	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)
05/27/2009	453	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)
05/27/2009	454	FILING FEE LETTER issued as to Defendant Peter Xuong Lam, re Notice of Appeal to USCA - Final Judgment 451 . (cbr) (Entered: 05/27/2009)
05/27/2009	455	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)
05/28/2009	456	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)
06/05/2009	459	SATISFACTION OF JUDGMENT filed by Plaintiff USA as to Defendant Henry C.D. Yip (Segina, Zoran) (Entered: 06/05/2009)
06/12/2009	460	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)
06/12/2009	461	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)
06/15/2009	462	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)
06/25/2009	463	EX PARTE APPLICATION for Appointment of Counsel Filed by Defendant Peter Xuong Lam (Attachments: # 1 Proposed Order)(Locklin, James) (Entered: 06/25/2009)
06/25/2009	464	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)
06/26/2009	465	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)
06/30/2009	466	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)
07/01/2009	467	VERIFICATION OF SURRENDER as to David S Wong: surrender date 6/19/09. (bm) (Entered: 07/01/2009)
07/13/2009	468	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)
07/21/2009	469	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)
08/07/2009	470	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)
08/11/2009	471	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)
08/11/2009	472	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)
08/12/2009	473	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)
08/12/2009	474	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)
08/12/2009	475	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)
08/12/2009	476	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)
08/12/2009	477	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)
08/12/2009	478	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)
08/12/2009	479	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)
08/12/2009	480	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)
08/12/2009	481	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)
08/13/2009	482	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)
08/13/2009	483	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)
08/14/2009	484	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)
08/14/2009	485	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)
08/14/2009	486	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)
08/18/2009	487	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)
08/18/2009	488	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)
08/18/2009	489	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)
08/18/2009	490	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)
08/18/2009	491	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)
08/18/2009	492	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)
08/18/2009	493	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)
09/04/2009	494	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)
09/04/2009	495	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)
09/16/2009	496	VERIFICATION OF SURRENDER as to Peter Xuong Lam: surrender date 9/14/09. (bm) (Entered: 09/16/2009)
09/16/2009	497	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)
09/16/2009	498	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)
09/30/2009	500	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)
10/09/2009	501	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)
10/28/2009	502	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)
11/03/2009	503	OPPOSITION to APPLICATION for Order for FORFEITURE 502 filed by Defendant Peter Lam. (Locklin, James) (Entered: 11/03/2009)
11/24/2009	504	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)
12/04/2009	505	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)
12/07/2009	506	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)
12/08/2009	507	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)
12/09/2009	508	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)
12/17/2009	509	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)
01/07/2010	510	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)
02/11/2010	511	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)
03/26/2010	517	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)
03/26/2010	518	PROBATION FORM 12 as to Defendant T.P. Company, ORDER OF THE COURT by Judge Philip S. Gutierrez. (bm) (Entered: 03/26/2010)
04/14/2010	519	PROBATION FORM 12 as to Defendant T.P. Company, ORDER OF THE COURT by Judge Philip S. Gutierrez. (bm) (Entered: 04/15/2010)
04/19/2010	523	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)
06/17/2010	526	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)
07/01/2010	527	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)
07/22/2010	528	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)
08/11/2010	529	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)
08/30/2010	533	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)
07/20/2011	535	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)
07/28/2011	536	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)
07/29/2011	537	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)
08/02/2011	538	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)
08/30/2011	542	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)
09/06/2011	543	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)
10/24/2011	545	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)
10/25/2011	546	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)
01/10/2012	548	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)
01/10/2012	549	OPPOSITION to MOTION for Order for preliminary order for forfeiture 351 filed by Defendant Peter X. Lam. (Uyeda, Jennifer) (Entered: 01/10/2012)
01/10/2012	552	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)
01/11/2012	550	POSITION WITH RESPECT TO PRESENTENCE REPORT filed by Plaintiff USA as to Defendant Peter Xuong Lam (Johns, Joseph) (Entered: 01/11/2012)
01/12/2012	551	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)
01/12/2012	553	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)
01/12/2012	558	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)
01/18/2012	557	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)
01/19/2012	559	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)
01/19/2012	560	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)
01/20/2012	561	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)
01/26/2012	562	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)
01/26/2012	563	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)
02/10/2012	565	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)
02/13/2012	569	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)
02/13/2012	573	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)
02/15/2012	570	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)
02/15/2012	571	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)
02/16/2012	574	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)
02/21/2012	575	NOTICE OF APPEAL to Appellate Court filedby Defendant Peter Xuong Lam (Locklin, James) (Entered: 02/21/2012)
02/21/2012	576	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)
02/21/2012	577	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)
02/21/2012	578	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)
04/19/2012	579	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)
04/19/2012	580	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)
04/19/2012	581	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)

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

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