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United States v. Dakon International

January 5, 2009

UNITED STATES OF AMERICA
v.
DAKON INTERNATIONAL SOCIAL SECURITY NO. ROYAL PACIFIC FOODS SUPPLY (LAST 4 DIGITS) 94-3263432



The opinion of the court was delivered by: Philip S. Gutierrez, U. S. District Judge

JUDGMENT AND PROBATION/COMMITMENT ORDER

MONTH DAY YEAR

In the presence of the attorney for the government, the defendant appeared in person on this date.

01/05/2009

X WITH COUNSEL Retained Barbara Nguyen

(Name of Counsel)

X GUILTY, and the court being satisfied that there is a factual basis for the plea.

NOLO CONTENDERE NOT GUILTY

There being a finding/verdict of X GUILTY, defendant has been convicted as charged of the offense(s) of:

Trafficking in Illegally imported Merchandise, in violation of Title 18 U.S.C. § 545, as charged in Count 2 of the Third Superseding Information.

The Court asked whether defendant had anything to say why judgment should not be pronounced. Because no sufficient cause to the contrary was shown, or appeared to the Court, the Court adjudged the defendant guilty as charged and convicted and ordered that: Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant is hereby placed on Probation for a term of 2 years under the following terms and conditions:

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 the Court.

It is ordered that the defendant shall pay to the United States a total fine of $100,000 to the Magnuson-Stevens NOAA Fisheries Enforcement Fund. The fine shall be payable in 5 equal payment installments to be paid every 4 months. Payments may be subject to penalties for default and delinquency pursuant to 18 U.S.C. § 3612(g). The first payment will be due in 4 months. Final payment to be paid prior to ending the period of probation.

The defendant shall comply with General Order No. 01-05.

The defendant shall comply with the rules and regulations of the U.S. Probation Office and General Order 318;

During the period of community supervision the defendant shall pay the special assessment and fine in accordance with this judgment's orders pertaining to such payment;

The defendant shall notify the Court, through the Probation Office, of any material change in the defendant's economic circumstances that might affect the defendant's ability to pay restitution, special assessments, or a fine;

The defendant shall be required to notify the Court or probation officer immediately upon learning of (1) any material adverse change in its business or financial condition or prospects, or (2) the commencement of any bankruptcy proceeding, major civil litigation, criminal prosecution, or administrative proceeding against the organization, or any investigation or formal inquiry by government authorities regarding the organization;

The defendant shall be required to inspect all fish they purchase to ensure that it is properly labeled and that the proper duty is paid on imported fish; and

As a special condition, the defendant shall take out the attached full page advertisement in a seafood industry publication of wide circulation.

The defendant is advised of the right to appeal.

On Government's motion, all remaining counts, any underlying Indictment and/or Information pertaining to this defendant only are Ordered dismissed.

hereby exonerated.

In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend the period of supervision, and at any time during the supervision period or within the maximum period permitted by law, may issue a warrant and revoke supervision for a violation occurring during the supervision period.

It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. Marshal or other qualified officer.

The defendant shall comply with the standard conditions that have been adopted by this court (set forth below).

STANDARD CONDITIONS OF PROBATION AND SUPERVISED RELEASE

While the defendant is on probation or supervised release pursuant to this judgment: The defendant shall not commit another Federal, state or local crime; the defendant shall not leave the judicial district without the written permission of the court or probation officer; the defendant shall report to the probation officer as directed by the court or probation officer and shall submit a truthful and complete written report within the first five days of each month; the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer; the defendant shall support his or her dependents and meet other family responsibilities; the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training, or other acceptable reasons; the defendant shall notify the probation officer at least 10 days prior to any change in residence or employment; the defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, ...


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