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United States of America v. Win Lee Corporation

May 16, 2013

UNITED STATES OF AMERICA
v.
WIN LEE CORPORATION
WIN LEE PORCELAIN



ENTER

Social Security No. 0 0 0 0

(Last 4 digits)

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 15 2013

Evan Freed, 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/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of: Smuggling Goods from the United States in violation of 18 USC 554, as charged in the First Superseding Indictment; Wildlife Trafficking; Aiding and Abetting and Causing an Act to be Done in violation of 16 USC 3372(a)(1), 3373(d)(1)(A); 18 USC 2(a), as charged in Count 27 of the First Superseding Indictment.

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 is hereby committed on Counts 21 and 27 of the First Superseding Indictment to probation for a term of: FIVE (5) YEARS. This term consists of five (5) years on each of Counts 21 and 27 of the First Superseding Indictment, all such terms to run concurrently.

It is ordered that the defendant shall pay to the United States a special assessment of $800.00, 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 $100,000.00, on Counts 21 and 27 of the First Superseding Indictment, consisting of the following: Count 21, a fine of $500,000.00; Count 27, a fine of $500,000.00, to be paid over the term of probation. The total fine shall bear interest as provided by law.

The fine shall be paid in monthly installments of $1,667.00, during the term of probation, to begin within thirty (30) days after the date of this judgment, until paid in full.

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

The court has found that the property identified in the consent restitution order is subject to forfeiture. The preliminary order is incorporated by reference into this judgment and is final as to defendant. Defendant's five (5) year term of probation shall be under the following terms and conditions:

The defendant shall comply with the rules and regulations of the U. S. Probation Office, General Order 05-02, and 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 not commit any violation of local, state or federal law or ordinance;

The organization shall make periodic submissions, every one hundred eighty (180) days, until conclusion of probation, to the Court or probation officer, at intervals specified by the Court, reporting on the organization's financial condition and results of business operations, and accounting for the disposition of all funds received;

The organization 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 organization shall submit to (A) a reasonable number of regular or unannounced examinations of its books and records at appropriate business premises by the probation officer or experts engaged by the Court; and (B) interrogation of knowledgeable individuals within the organization. Compensation to an costs of any experts engaged by the Court shall be paid by 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;

The defendant shall apply all monies received from judgments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation; and The defendant shall be subject to inspection during the period of probation at any time during hours of operation by regulatory and enforcement agencies with appropriate jurisdiction, ...


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