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Date: 11-17-2020
Case Style:
Case Number: 7:20-cr-00009-REW-EBA
Judge:
Court: United States District Court for the Eastern District of Kentucky (Pike County)
Plaintiff's Attorney: United States District Attorney’s Office, Pikeville, Kentucky
Defendant's Attorney:
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Description: Pikeville, Kentucky ginseng distribution criminal defense lawyers represented Sherman Jude and Johnathon Jude, who were charged with violations of the Lacey Act regarding ginseng purchases and record keeping of said purchases.
The harvesting and sale of ginseng is governed by state regulations, and includes record keeping requirements and a limited harvest season. According to their plea agreements, Sherman Jude was a dealer of wild American ginseng; and his son, Johnathon Jude, worked with him to keep records of the ginseng purchased from diggers and harvesters.
The investigation by the United States Fish and Wildlife Service revealed that over a period of years, the Judes had falsified the required Kentucky Ginseng Purchase Forms for multiple purchases of wild ginseng, including not keeping records of all the purchases, and purchasing ginseng that was known to have been harvested from another state, without being properly certified before entering Kentucky. Sherman Jude also acknowledged that, as of August 2019, he had purchased 12.5 pounds of ginseng that had been harvested improperly, out of season.
The Judes were indicted in June 2020.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky and the United States Fish and Wildlife Service, jointly made the announcement.
The investigation was directed by the United States Fish and Wildlife Service, Kentucky Department of Agriculture, and Kentucky Department of Fish and Wildlife Resources. The United States was represented by Assistant U.S. Attorney Emily K. Greenfield.
The Judes are scheduled to be sentenced on February 17, 2021. Sherman Jude faces a maximum of five years in prison. Johnathon Jude faces up one year in prison. However, any sentence will be imposed by the Court, after its consideration of the U.S. Sentencing Guidelines and the applicable federal sentencing statutes.
18:371 - CONSPIRACY
(1)
16:3372(d)(2) - FALSE RECORD, 18:2 - AIDING AND ABETTING
(2)
16:3372(a)(2)(B)(i) - LACEY ACT, 18:2 - AIDING AND ABETTING
(3)
16:3372(a)(2)(B)(i) - LACEY ACT, 18:2 - AIDING AND ABETTING
(4)
Outcome: 11/04/2020 *** MOTION SUBMITTED TO CHAMBERS OF Judge Wier to review re 43 REPORT AND RECOMMENDATIONS on Plea of Guilty as to Sherman Jude (RCB) (Entered: 11/04/2020)
11/04/2020 *** MOTION SUBMITTED TO CHAMBERS OF Judge Wier to review re 44 REPORT AND RECOMMENDATIONS on Plea of Guilty as to Jonathon Jude (RCB) (Entered: 11/04/2020)
11/06/2020 45 ORDER as to Sherman Jude: 1. Court ADOPTS DE 43 , ACCEPTS Sherman Jude's guilty plea, and ADJUDGES him guilty of Count Four of Indictment (DE 1 ); 2. Further, per Judge Atkins' recommendation (DE 43 4) and Dft's agreement (DE 41 10), Court provisionally FINDS Jude has an interest in property identified in operative indictment (DE 1 at 7-8 (the forfeiture enumeration)) and preliminarily ADJUDGES Dft's interest in such property FORFEITED. Under Criminal Rule 32.2, and absent pre-judgment objection, "the preliminary forfeiture order becomes final as to" Dft at sentencing. 3. Court will issue a separate sentencing order. Signed by Judge Robert E. Wier on 11/6/2020. (RCB)cc: COR,USM,USP (Entered: 11/06/2020)
11/06/2020 46 SENTENCING ORDER as to Sherman Jude: To proceed under Sentencing Reform Act. 1. Court schedules sentencing for Wednesday, February 17, 2021, at 2:00 p.m., in Pikeville, Ky. Signed by Judge Robert E. Wier on 11/6/2020. (RCB)cc: COR,USM,USP (Entered: 11/06/2020)
11/06/2020 47 ORDER as to Jonathon Jude: 1. Court ADOPTS DE 44 , ACCEPTS Jonathan Jude's guilty plea, and ADJUDGES him guilty of Count Two of Indictment (DE 1 ); 2. Further, per Judge Atkins's recommendation (DE 44 4) and Dft's agreement (DE 42 10), Court provisionally FINDS that Jude has an interest in property identified in operative indictment (DE 1 at 7-8 (the forfeiture enumeration)) and preliminarily ADJUDGES Dft's interest in such property FORFEITED. Under Criminal Rule 32.2, and absent pre-judgment objection, "the preliminary forfeiture order becomes final as to" Dft at sentencing. 3. Court will issue a separate sentencing order. Signed by Judge Robert E. Wier on 11/6/2020. (RCB)cc: COR,USM,USP (Entered: 11/06/2020)
11/06/2020 48 SENTENCING ORDER as to Jonathon Jude: To proceed under the Sentencing Reform Act. 1. Court schedules sentencing for Wednesday, February 17, 2021, at 11:00 a.m., in Pikeville, Ky. Signed by Judge Robert E. Wier on 11/6/2020. (RCB)cc: COR,USM,USP (Entered: 11/06/2020)
Plaintiff's Experts:
Defendant's Experts:
Comments: