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Date: 09-14-2019
Case Style:
Case Number: 2:19-cr-00012-FL
Judge: Louise Wood Flanagan
Court: United States District Court for the Eastern District of North Carolina (New Hanover County)
Plaintiff's Attorney: Banumathi Rangarajan and Gary N. Donner
Defendant's Attorney:
Call Kent Morlan at 888-354-4529 if you need a Lacey Act False Labeling lawyer in North Carolina.
Description:
Charge:
Lacey Act False Labeling; and Aiding and Abetting
The Lacey Act (16 U.S.C. 3371 et seq.), first enacted in 1900 and
significantly amended in 1981, is the United States' oldest wildlife
protection statute. The Act combats, among other things, trafficking in
illegally taken wildlife, fish, or plants. The Food, Conservation and
Energy Act of 2008, effective May 22, 2008, amended the Lacey Act by
expanding its protection to a broader range of plants and plant
products than were previously covered. (Section 8204, Prevention of
Illegal Logging Practices). The Lacey Act now makes it unlawful to
import, export, transport, sell, receive, acquire, or
purchase in interstate or foreign commerce any plant, with some limited
exceptions, taken, possessed, transported, or sold in violation of any
law of the United States or an Indian tribe, or in violation of any
State or foreign law that protects plants or that regulates certain
specified plant-related activities. The Lacey Act also now makes it
unlawful to make or submit any false record, account, or label for, or
any false identification of, any plant.
In addition, Section 3 of the Lacey Act, as amended, makes it
unlawful, as of December 15, 2008, to import certain plants, including
plant products, without an import declaration. The import declaration
serves as a tool for combatting the illegal trade in timber and timber
products by ensuring importers provide required information. Through
the declaration requirement, the importer maintains accountability for
exercising reasonable care regarding the content of the shipment before
it arrives in the United States. Information from the declaration is
also used to monitor implementation of Lacey Act requirements. The
declaration must contain the scientific name of the plant, value of the
importation, quantity of the plant, and name of the country from which
the plant was harvested.
On June 30, 2011, the Animal and Plant Health Inspection Serviced
(APHIS) published an advance notice of proposed rulemaking (ANPR) in
the Federal Register (76 FR 38330, Docket No. APHIS-2010-0129),\1\
soliciting public comment on several regulatory options to address
certain issues that have arisen with the implementation of the
declaration requirement. These options included establishing certain
exceptions to the declaration requirement. We solicited comments on
these options for 60 days ending on August 29, 2011, and received 37
comments by that date. The comments received were from academics,
environmental groups, importers and exporters, industry associations, a
trade union, representatives of foreign governments, and private
citizens.
Outcome: 09/11/2019 32 Minute Entry for proceeding held before US Magistrate Judge Robert B. Jones, Jr.: Arraignment as to Capt. Neill's Seafood, Inc (1) held on 9/11/2019 in Wilmington, Courtroom 3. Assistant US Attorney present for Government. Counsel present on behalf of Defendant. Waiver of Appearance executed by Phillip Carawan, sole shareholder and President of Defendant Capt. Neill's Seafood. Memorandum of Plea Agreement filed in open court. Plea entered by Capt. Neill's Seafood, Inc (1) - Guilty as to Count 1. The court conditionally approves the Memorandum of Plea Agreement. Sentencing to be set for the January 2020 term of court before District Judge Louise Wood Flanagan in New Bern, NC. (Court Reporter Suzanne Patterson) (Grady, B.) (Entered: 09/11/2019)
09/11/2019 33 Consent to proceed before Magistrate Judge for felony arraignment by defendant Capt. Neill's Seafood, Inc. (Grady, B.) (Entered: 09/11/2019)
09/11/2019 34 Waiver of Indictment filed in open court by Capt. Neill's Seafood, Inc. (Grady, B.) (Entered: 09/11/2019)
09/11/2019 35 Waiver of of Appearance by defendant Capt. Neill's Seafood, Inc. (Grady, B.) (Entered: 09/11/2019)
09/11/2019 36 Joint Written Consent to Action Without Meeting of The Sole Shareholder and Director of Capt. Neill's Seafood, Inc. to Approve Plea Agreement filed by Defendant Capt. Neill's Seafood, Inc. (Grady, B.) (Entered: 09/11/2019)
09/11/2019 37 MEMORANDUM OF PLEA AGREEMENT filed in open court as to Capt. Neill's Seafood, Inc. (Grady, B.) (Entered: 09/11/2019)
09/11/2019 Terminate Plea to Criminal Information Hearing deadline as to Capt. Neill's Seafood, Inc. (Grady, B.) (Entered: 09/11/2019)
09/11/2019 38 SENTENCING SCHEDULING ORDER as to Capt. Neill's Seafood, Inc: Sentencing set for that term of court commencing on 1/8/2020 in New Bern - Courtroom before District Judge Louise Wood Flanagan. Absent a continuance, this order will constitute the only notice of hearing provided by the court. The court's calendar, which will include more specific date and time of sentencing within the sentencing term, will be available on the court's website approximately three weeks prior to sentencing. Absent extenuating circumstance, any motion, including one for departure or variance, and/or sentencing memorandum shall be filed not later than seven days before the sentencing hearing. Counsel should read order in its entirety for critical information and deadlines. Signed by District Judge Louise Wood Flanagan on 9/11/2019. (Tripp, S.) (Entered: 09/11/2019)
Plaintiff's Experts:
Defendant's Experts:
Comments: