Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

United States of America v. Dnp International Company Inc.

United States District Court Central District of California


May 15, 2013

UNITED STATES OF AMERICA
v.
DNP INTERNATIONAL COMPANY INC.

The opinion of the court was delivered by: George H. King, Chief U.S. District Judge

JS-3

Social Security No. - - - -

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. 05 06 2013

MARC HARRIS, RETAINED

(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 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. Marshal or other qualified officer.

Terry Nafisi, Clerk, U.S. District Court

5/15/13 By

/ S /

Filed Date Beatrice Herrera, Courtroom Deputy Clerk

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, distribute, or administer any narcotic or other controlled substance, or any paraphernalia related to such substances, except as prescribed by a physician; the defendant shall not frequent places where controlled substances are illegally sold, used, distributed or administered;

10. the defendant shall not associate with any persons engaged in criminal activity, and shall not associate with any person convicted of a felony unless granted permission to do so by the probation officer;

11. the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view by the probation officer;

12. the defendant shall notify the probation officer within 72 hours of being arrested or questioned by a law enforcement officer;

13. the defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court;

14. as directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant's criminal record or personal history or characteristics, and shall permit the probation officer to make such notifications and to conform the defendant's compliance with such notification requirement;

15. the defendant shall, upon release from any period of custody, report to the probation officer within 72 hours;

16. and, for felony cases only: not possess a firearm, destructive device, or any other dangerous weapon.

The defendant will also comply with the following special conditions pursuant to General Order 01-05 (set forth below).

STATUTORY PROVISIONS PERTAINING TO PAYMENT AND COLLECTION OF FINANCIAL SANCTIONS

The defendant shall pay interest on a fine or restitution of more than $2,500, unless the court waives interest or unless the fine or restitution is paid in full before the fifteenth (15th) day after the date of the judgment pursuant to 18 U.S.C. §3612(f)(1). Payments may be subject to penalties for default and delinquency pursuant to 18 U.S.C. §3612(g). Interest and penalties pertaining to restitution, however, are not applicable for offenses completed prior to April 24, 1996.

If all or any portion of a fine or restitution ordered remains unpaid after the termination of supervision, the defendant shall pay the balance as directed by the United States Attorney's Office. 18 U.S.C. §3613.

The defendant shall notify the United States Attorney within thirty (30) days of any change in the defendant's mailing address or residence until all fines, restitution, costs, and special assessments are paid in full. 18 U.S.C. §3612(b)(1)(F).

The defendant shall notify the Court through the Probation Office, and notify the United States Attorney of any material change in the defendant's economic circumstances that might affect the defendant's ability to pay a fine or restitution, as required by 18 U.S.C. §3664(k). The Court may also accept such notification from the government or the victim, and may, on its own motion or that of a party or the victim, adjust the manner of payment of a fine or restitution-pursuant to 18 U.S.C. §3664(k). See also 18 U.S.C. §3572(d)(3) and for probation 18 U.S.C. §3563(a)(7).

Payments shall be applied in the following order:

1. Special assessments pursuant to 18 U.S.C. §3013;

2. Restitution, in this sequence: Private victims (individual and corporate), Providers of compensation to private victims, The United States as victim;

3. Fine;

4. Community restitution, pursuant to 18 U.S.C. §3663(c); and

5. Other penalties and costs.

SPECIAL CONDITIONS FOR PROBATION AND SUPERVISED RELEASE

As directed by the Probation Officer, the defendant shall provide to the Probation Officer: (1) a signed release authorizing credit report inquiries; (2) federal and state income tax returns or a signed release authorizing their disclosure; and (3) an accurate financial statement, with supporting documentation as to all assets, income and expenses of the defendant. In addition, the defendant shall not apply for any loan or open any line of credit without prior approval of the Probation Officer.

The defendant shall maintain one personal checking account. All of defendant's income, "monetary gains," or other pecuniary proceeds shall be deposited into this account, which shall be used for payment of all personal expenses. Records of all other bank accounts, including any business accounts, shall be disclosed to the Probation Officer upon request.

The defendant shall not transfer, sell, give away, or otherwise convey any asset with a fair market value in excess of $500 without approval of the Probation Officer until all financial obligations imposed by the Court have been satisfied in full.

These conditions are in addition to any other conditions imposed by this judgment.

RETURN

I have executed the within Judgment and Commitment as follows:

to Defendant noted on appeal on Defendant's appeal determined on to the institution designated by the Bureau of Prisons, with a certified copy of the within Judgment and Commitment.

United States Marshal

By

Date Deputy Marshal

CERTIFICATE

I hereby attest and certify this date that the foregoing document is a full, true and correct copy of the original on file in my office, and in my

Clerk, U.S. District Court

By

Filed Date Deputy Clerk

FOR U.S. PROBATION OFFICE USE ONLY

Upon a finding of violation of probation or supervised release, I understand that the court may (1) revoke supervision, (2) extend the term of supervision, and/or (3) modify the conditions of supervision.

These conditions have been read to me. I fully understand the conditions and have been provided a copy of them.

Defendant Date

U. S. Probation Officer/Designated Witness Date

NOTICE PARTY SERVICE LIST

CR 12-669-1 GHK Case Title U. S. A. v. DNP INTERNATIONAL CO., INC.

Title of Document JUDGMENT & PROBATION COMMITMENT ORDER

ADR BAP (Bankruptcy Appellate Panel)

BOP (Bureau of Prisons)

CA St Pub Defender (Calif. State PD) CAAG (California Attorney General's Office -Keith H. Borjon, L.A. Death Penalty Coordinator) Case Asgmt Admin (Case Assignment Administrator)

Chief Deputy Admin Chief Deputy Ops Clerk of Court Death Penalty H/C (Law Clerks)

Dep In Chg E Div Dep In Chg So Div Federal Public Defender Fiscal Section Intake Section, Criminal LA Intake Section, Criminal SA Intake Supervisor, Civil MDL Panel Ninth Circuit Court of Appeal PIA Clerk - Los Angeles (PIALA)

PIA Clerk - Riverside (PIAED)

PIA Clerk - Santa Ana (PIASA)

PSA - Los Angeles (PSALA)

PSA - Riverside (PSAED)

PSA - Santa Ana (PSASA)

Schnack, Randall (CJA Supervising Attorney) Statistics Clerk

US Attorneys Office - Civil Division -L.A.

US Attorneys Office - Civil Division - S.A. US Attorneys Office - Criminal Division -L.A. US Attorneys Office - Criminal Division -S.A. US Bankruptcy Court US Marshal Service - Los Angeles (USMLA) US Marshal Service - Riverside (USMED) US Marshal Service -Santa Ana (USMSA)

US Probation Office (USPO)

US Trustee's Office Warden, San Quentin State Prison, CA

ADD NEW NOTICE PARTY (if sending by fax, mailing address must also be provided)

Name: Firm: Address (include suite or floor):

*E-mail: *Fax No.:

* For CIVIL cases only

JUDGE / MAGISTRATE JUDGE (list below):

Initials of Deputy Clerk Bea

NOTICE PARTY SERVICE LIST

20130515

© 1992-2013 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.