Date: 12-04-2020

Case Style:

Case Number: 2:20-cr-00037-TSK-MJA

Judge: John Aloi

Court: United States District Court for the Northern District of West Virginia (Randolph County)

Plaintiff's Attorney: United States District Attorney’s Office, Elkins, West Virginia

Defendant's Attorney:

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Description: Elkins, West Virginia drug distribution criminal defense lawyer represented defendant.

David Changhyub Lee, of Raleigh, North Carolina, has admitted to aiding and abetting the illegal transportation of ginseng across state lines, U.S. Attorney Bill Powell announced.

Lee, 35, pled guilty today to one count of “Interstate Transportation of Ginseng in Violation of State Law – Aiding and Abetting.”

In the fall of 2018, Lee was identified as a willing buyer of illegally transported ginseng. In September and October 2018, Lee facilitated and purchased nearly 15 pounds of ginseng for a total of $4250 from Randolph County and elsewhere and transported it to North Carolina.

This case was in violation of the federal Lacey Act (16 USC § 3371 et seq.), which prohibits the taking and interstate trafficking of protected plants and animals in violation of state law. Under 16 USC § 3373, it's a felony if the plant's market value exceeds $350.00. West Virginia's ginseng statute (WV Code 19-1A-3a) has various requirements for the ginseng market. One requirement is that ginseng not be transported to another state absent a certificate of origin from the West Virginia Division of Forestry.

Lee faces up to one year of incarceration and a fine of up to $10,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant U.S. Attorney Stephen D. Warner is prosecuting the case on behalf of the government. The U.S. Fish and Wildlife Service and the West Virginia Natural Resources Police investigated.

GAME CONSERVATION ACTS

Outcome: 12/02/2020 12 MINUTE ENTRY:

***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY.

Proceedings held before Magistrate Judge Michael John Aloi as to David Changhyub Lee:Initial Appearance and Arraignment as to Count 1 held on 12/2/2020. (Tape #220cr37 120220 mja) (jss) (Entered: 12/02/2020)
12/02/2020 13 Waiver of Personal Appearance and Consent to Appear by videoconference by David Changhyub Lee. (jss) (Entered: 12/02/2020)
12/02/2020 14 WAIVER OF ARTICLE III JUDGE AND CONSENT TO ENTER GUILTY PLEA BEFORE THE US MAGISTRATE JUDGE by David Changhyub Lee. (jss) (Entered: 12/02/2020)
12/02/2020 15 DUE PROCESS PROTECTIONS ACT ORDER TO ALL COUNSEL REGARDING BRADY OBLIGATIONS as to David Changhyub Lee. Signed by Magistrate Judge Michael John Aloi on 12/2/20. (jss) (Entered: 12/02/2020)
12/02/2020 16 MINUTE ENTRY:

***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY.

Proceedings held before Magistrate Judge Michael John Aloi: as to David Changhyub Lee. Change of Plea Hearing held on 12/2/2020.. (Tape #20cr37 120220 mja.) (jss) (Entered: 12/02/2020)
12/02/2020 17 WAIVER OF INDICTMENT by David Changhyub Lee (jss) (Entered: 12/02/2020)
12/02/2020 18 PLEA AGREEMENT as to David Changhyub Lee. (jss) (Entered: 12/02/2020)
12/02/2020 19 ORDER: Setting Conditions of Release as to David Changhyub Lee (1) PR bond. (copies USM and USP) Signed by Magistrate Judge Michael John Aloi on 12/2/20. (jss) (Entered: 12/02/2020)
12/02/2020 20 Amended Information as to David Changhyub Lee. (jss) (Entered: 12/02/2020)
12/02/2020 21 REPORT AND RECOMMENDATIONS CONCERNING Plea of Guilty as to David Changhyub Lee. Any party shall have fourteen days from the date of filing this Report and Recommendationwithin which to file with the Clerk of this Court, specific written objections. Signed by Magistrate Judge Michael John Aloi on 12/2/20. (jss) (Entered: 12/02/2020)

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Defendant's Experts:

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