The opinion of the court was delivered by: George H. King, Chief U.S. District Judge
Social Security No. - - - -
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 05 06 2013
X GUILTY, and the court being satisfied that there is a factual basis for the plea.
NOLO CONTENDERE NOT GUILTY
There being a FINDING of GUILTY, defendant has been convicted as charged of the offense(s) of: UNLAWFUL WHOLESALE OF PRESCRIPTION DRUGS, in Violation of TITLE 21 U.S.C. §§ 331(t), 353(e)(2)(A), 333(b)(1)(D); as charged in COUNT 1; DISTRIBUTION OF AN UNAPPROVED DRUG, in Violation of TITLE 21 U.S.C. §§ 331(d), 355(a), 333(a)(1), as charged in COUNTS 3 and 4 of the 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:
that the defendant shall pay to the United States a special assessment of $650, which is due immediately.
that the defendant shall pay to the United States a total fine of $103,000, consisting of the following: Count 1, a fine of $35,000, counts 3 and 4, a fine of $34,000 per Count for a total fine of $103,000. The total fine shall bear interest as provided by law. The fine shall be paid immediately.
The defendant shall comply with General Order No. 01-05.
The Court has entered concurrently herewith a money judgment of forfeiture against the defendant, in the amount of $147,000, which is incorporated by reference into this judgment and is final.
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
THREE (3) YEARS. This term consists of 3 years on each of Counts 1, 3 and 4 of the Information, all such terms shall 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, General Order 01-05, including the three special conditions delineated in General Order 01-05;
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 apply all monies received from income tax refunds, judgments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation;
The defendant shall notify the probation Officer immediately upon learning of (a) any material adverse change in its business or financial condition or prospects, or (b) the commencement of any bankruptcy proceedings, major civil litigation, criminal prosecution, or administrative proceeding against the organization, or any investigation or formal inquiry by governmental authorities regarding the organization;
The defendant shall notify the Probation Officer immediately of any intent to sell the organization, change the name of the organization, merge with another business entity, or otherwise dissolve and/or modify, in any form or manner, the organizational structure from its present status;
If the defendant changes its name, or merges with another company through a stock or assets purchase, the renamed, newly-created, or merged company shall be obliged to meet all of the obligations of defendant in accordance with this judgment's order pertaining to payment of the fine and special assessment;
The defendant shall operate in full compliance with all federal, state, and local food and drug laws and regulations. Moreover, defendant shall abide by and follow any lawful orders issued by any local, state, or federal regulatory and/or enforcement agency having jurisdiction over its activities, including but not limited to the United States Food and Drug Administration, United States Drug Enforcement Administration, California Department of Public Health Food and Drug Branch, and the California Department of Consumer Affairs Board of Pharmacy;
The defendant shall provide the Probation Officer with access to any and all business records, client lists and other records pertaining to its operation and pertaining to any business owned, in whole or in part, by the defendant, as directed by the Probation
With the concurrence of the Court and counsel, conditions 3 through 6, will automatically be vacated and set aside upon full payment of the money judgment in the amount of $147, 000, and the fine imposed herein.
Corporate defendant, by and through its Representative, David Ji waive its right to appeal.
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. ...