The opinion of the court was delivered by: Percy Anderson, United States District Judge
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 02 06 2012
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 GUILTY, defendant has been convicted as charged of the offense(s) of: Wildlife Trafficking, Causing an Act to be Done in violation of Title 16 U.S.C. §§ 3372(a)(1), 3373(d)(2); 18 U.S.C. § 2(b), as charged in Count 1of the Second Superseding Information; and Misbranding Seafood, Causing an Act to be Done in violation of 21 U.S.C. §§ 331(a), 331(c), 333(a)(1); 18 U.S.C. § 2(b), as charged in Count 3 of the Second Superseding Information.
The Court asked whether there was any reason 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, Seafood Solutions, Inc., is hereby placed on PROBATION on Count 1 and 3 of the Second Superseding Information for a term of Three Years. This term consists of three years on each of Counts 1 and 3 of the Second Superseding Information, all such terms to run concurrently under the following terms and conditions:
The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 05-02;
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 make a Community Service Payment of $300,000 to the National Fish and Wildlife Foundation via the means outlined in Paragraph 6(b) of the Plea Agreement;
Within thirty days of sentencing, the defendant shall designate an official of the organization to act as the organization's representative and to be the primary contact with the Probation Officer;
The defendant shall forfeit all remaining inventory of Pangasius labeled as Paradise Grouper brand ponga or Falcon Baie Grouper brand ponga, held by Seafood Solutions or Ocean Duke Corporation; and
The defendant shall develop and implement a corporate compliance plan, in cooperation with Ocean Duke Corporation, to ensure scientific species name verification and accurate labeling prior to importation and distribution into the market place of seafood product. The program shall include periodic verification of species using a scientifically approved DNA testing methodology. Labeling shall be overseen by an outside consultant with expertise in FDA labeling requirements. As part of this program, the defendant will ensure that Ocean Duke appoints a Legal Compliance Officer who will be responsible for overseeing compliance issues including labeling and speciation issues. The defendant shall submit a copy of the corporate compliance plan to the Probation Officer within six months of the entry of judgment in this case, and thereafter provide to the Probation Officer annual reports on Ocean Duke's implementation of that plan.
It is ordered that the defendant shall pay to the United States a special assessment of $525, which is due immediately.
It is ordered that the defendant shall pay to the United States a total fine of $700,000, consisting of the following: Count 1, a fine of $500,000; and Count 3, a fine of $200,000. The Clerk of the Court shall direct payment of the fine imposed as to Count 1 to the Lacey Act Reward Account. The Treasury check shall be sent from the Clerk of the Court United States Fish and Wildlife Service Division of Financial Management/Denver Operations Cost Accounting P.O. Box 272065 Denver, CO 80227 FUND - 122X Organizational Code - 9900
The total fine shall bear interest as provided by law.
The fine shall be paid in full immediately.
The defendant shall comply with General ...