Case 1:15-cr-00102-CG-B Document 243 Filed 11/09/15 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION UNITED STATES OF AMERICA vs. CRIMINAL NO. 15-00102-CG CRIMINAL NO. 15-00179-CG DSD SHIPPING, AS, BO GAO, XIAOBING CHEN, and XIN ZHONG, Defendants. ORDER The above-styled action came on for trial by jury on October 26, 27, 28, 29 and 30, 2015, and November 2, 3, 4, 5, and 6, 2015, before United States District Judge Callie V. S. Granade. The jury was selected by Magistrate Judge Bivins on October 5, 2015. On October 23, 2015, the Court held a status conference to address pretrial matters and the parties pending motions. Prior to the jury being sworn on October 26, 2015, the Court qualified the jury as to Government witness Rudolfo Dubon. The jury was then duly sworn and trial commenced. The United States then began presentation of its case-in-chief, and rested on November 3, 2015. During presentation of the Government s case on October 29, 2015, the Defendants oral motion to treat Defendants Exhibit 84 as Rule 808(8 evidence (Doc. 220 was DENIED. Defendants oral motion to disclose report of witness regarding statement about use of fresh water in Oily Water Separator (Doc. 221
Case 1:15-cr-00102-CG-B Document 243 Filed 11/09/15 Page 2 of 8 was DENIED as MOOT. During presentation of the Government s case on October 30, 2015, the Defendants oral motion to treat Defendants Exhibit 429 as Rule 803 evidence (Doc. 222 was DENIED. On November 4, 2015, a hearing was held outside the presence of the jury, at which the Defendants oral and written Rule 29 motions for judgment of acquittal made at the close of the Government s case-in-chief on November 3, 2015 (Docs. 226, 227, 228, 230 were DENIED, and the Defendants Motion for Reconsideration of Reciprocal Discovery Order and November 3, 2015 Evidentiary Ruling (Doc. 229 was DENIED as MOOT. The Defendants then rested before the jury without presentation of evidence. At that close of all the evidence the Defendants orally renewed motions for judgment of acquittal (Docs. 233, 234, 235, 236 were DENIED. A charge conference was then held with counsel. On November 5, 2015, the respective parties presented their closing arguments to the jury, and the Defendants oral motion for alternate charge as to Title 18 U.S.C. 2 (Doc. 237 was DENIED. The Court charged the jury on the applicable law, and the jury commenced their deliberations. Now, on the 6th day of November, 2015, comes the jury who, having heard the evidence, the arguments of counsel, the charge of the Court, and having considered the same upon their oaths, return their verdicts into open court, copies of which are attached hereto, with counsel and Defendants present. 2
Case 1:15-cr-00102-CG-B Document 243 Filed 11/09/15 Page 3 of 8 In accordance with the jury s findings, it is ADJUDGED that the defendant, DSD SHIPPING, AS, has been found GUILTY and CONVICTED of the offenses of conspiracy in violation of Title 18 U.S.C. 371 as charged in Count One of the Alabama Indictment (1:15-cr-00102; GUILTY and CONVICTED of the offense of knowing failure to maintain accurate Oil Record Book - Act to Prevent Pollution from Ships in violation of Title 33 U.S.C. 1908(a and aiding and abetting in violation of Title 18 U.S.C. 2 as charged in Count Two of the Alabama Indictment (1:15-cr-102; GUILTY and CONVICTED of the offense of knowing failure to maintain accurate Garbage Record Book - Act to Prevent Pollution from Ships in violation of Title 33 U.S.C. 1908(a and aiding and abetting in violation of Title 18 U.S.C. 2 as charged in Count Three of the Alabama Indictment (1:15-cr-102; GUILTY and CONVICTED of obstruction of justice in violation of Title 18 U.S.C. 1519 and aiding and abetting in violation of Title 18 U.S.C. 2 as charged in Counts Four and Five of the Alabama Indictment (1:15-cr-102; NOT GUILTY and ACQUITTED of obstruction of justice in violation of Title 18 U.S.C. 1505 as charged in Count Six of the Alabama Indictment (1:15-cr-102; GUILTY and CONVICTED of witness tampering in violation of Title 18 U.S.C. 1512(b as charged in Count Seven of the Alabama Indictment (1:15-cr-102; GUILTY and CONVICTED of knowing failure to maintain accurate Oil Record Book - Act to Prevent Pollution from Ships in violation of Title 33 U.S.C. 1908(a and aiding and abetting in violation of Title 18 U.S.C. 2 as charged in Count One of the Louisiana Indictment (1:15-cr-179; GUILTY and CONVICTED of obstruction of justice in 3
Case 1:15-cr-00102-CG-B Document 243 Filed 11/09/15 Page 4 of 8 violation of Title 18 U.S.C. 1519 and aiding and abetting in violation of Title 18 U.S.C. 2 as charged in Count 2 of the Louisiana Indictment (1:15-cr-179; and NOT GUILTY and ACQUITTED of obstruction of justice in violation of Title 18 U.S.C. 1505 and aiding and abetting in violation of Title 18 U.S.C. 2 as charged in Count Three of the Louisiana Indictment (1:15-cr-179. In accordance with the jury s findings, it is ADJUDGED that the defendant, BO GAO, has been found GUILTY and CONVICTED of the offense of conspiracy in violation of Title 18 U.S.C. 371 as charged in Count One of the Alabama Indictment (1:15-cr-102; NOT GUILTY and ACQUITTED of the offense of knowing failure to maintain accurate Oil Record Book - Act to Prevent Pollution from Ships in violation of Title 33 U.S.C. 1908(a and aiding and abetting in violation of Title 18 U.S.C. 2 as charged in Count Two of the Alabama Indictment (1:15-cr-102; and GUILTY and CONVICTED of obstruction of justice in violation of Title 18 U.S.C. 1519 and aiding and abetting in violation of Title 18 U.S.C. 2 as charged in Count Four of the Alabama Indictment (1:15-cr-102; NOT GUILTY and ACQUITTED of knowing failure to maintain accurate Oil Record Book - Act to Prevent Pollution from Ships in violation of Title 33 U.S.C. 1908(a and aiding and abetting in violation of Title 18 U.S.C. 2 as charged in Count One of the Louisiana Indictment (1:15-cr-179; and GUILTY and CONVICTED of obstruction of justice in violation of Title 18 U.S.C. 1519 and aiding and abetting in violation of Title 18 U.S.C. 2 as charged in Count 2 of the Louisiana Indictment (1:15-cr-179. 4
Case 1:15-cr-00102-CG-B Document 243 Filed 11/09/15 Page 5 of 8 In accordance with the jury s findings, it is ADJUDGED that the defendant, XIAOBING CHEN, has been found NOT GUILTY and ACQUITTED of the offenses of conspiracy in violation of Title 18 U.S.C. 371 as charged in Count One of the Alabama Indictment (1:15-cr-00102; NOT GUILTY and ACQUITTED of the offense of knowing failure to maintain accurate Oil Record Book - Act to Prevent Pollution from Ships in violation of Title 33 U.S.C. 1908(a and aiding and abetting in violation of Title 18 U.S.C. 2 as charged in Count Two of the Alabama Indictment (1:15-cr-102; GUILTY and CONVICTED of the offense of knowing failure to maintain accurate Garbage Record Book - Act to Prevent Pollution from Ships in violation of Title 33 U.S.C. 1908(a and aiding and abetting in violation of Title 18 U.S.C. 2 as charged in Count Three of the Alabama Indictment (1:15-cr- 102; GUILTY and CONVICTED of obstruction of justice in violation of Title 18 U.S.C. 1519 and aiding and abetting in violation of Title 18 U.S.C. 2 as charged in Counts Four and Five of the Alabama Indictment (1:15-cr-102; NOT GUILTY and ACQUITTED of obstruction of justice in violation of Title 18, U.S.C. 1505 as charged in Count Six of the Alabama Indictment (1:15-cr-102; GUILTY and CONVICTED of witness tampering in violation of Title 18 U.S.C. 1512(b as charged in Count Seven of the Alabama Indictment (1:15-cr-102; NOT GUILTY and ACQUITTED of knowing failure to maintain accurate Oil Record Book - Act to Prevent Pollution from Ships in violation of Title 33 U.S.C. 1908(a and aiding and abetting in violation of Title 18 U.S.C. 2 as charged in Count One of the Louisiana Indictment (1:15-cr-179; GUILTY and CONVICTED of obstruction of justice in 5
Case 1:15-cr-00102-CG-B Document 243 Filed 11/09/15 Page 6 of 8 violation of Title 18, U.S.C. 1519 and aiding and abetting in violation of Title 18 U.S.C., 2 as charged in Count 2 of the Louisiana Indictment (1:15-cr-179; and NOT GUILTY and ACQUITTED of obstruction of justice in violation of Title 18 U.S.C. 1505 and aiding and abetting in violation of Title 18 U.S.C. 2 as charged in Count Three of the Louisiana Indictment (1:15-cr-179. In accordance with the jury s findings, it is ADJUDGED that the defendant, XIN ZHONG, has been found NOT GUILTY and ACQUITTED of the offense of conspiracy in violation of Title 18 U.S.C. 371 as charged in Count One of the Alabama Indictment (1:15-cr-102; GUILTY and CONVICTED of the offense of knowing failure to maintain accurate Oil Record Book - Act to Prevent Pollution from Ships in violation of Title 33 U.S.C. 1908(a and aiding and abetting in violation of Title 18 U.S.C. 2 as charged in Count Two of the Alabama Indictment (1:15-cr-102; and GUILTY and CONVICTED of obstruction of justice in violation of Title 18 U.S.C. 1519 and aiding and abetting in violation of Title 18 U.S.C. 2 as charged in Count Four of the Alabama Indictment (1:15-cr-102; GUILTY and CONVICTED of witness tampering in violation of Title 18 U.S.C. 1512(b as charged in Count Seven of the Alabama Indictment (1:15-cr-102; GUILTY and CONVICTED of knowing failure to maintain accurate Oil Record Book - Act to Prevent Pollution from Ships in violation of Title 33 U.S.C. 1908(a and aiding and abetting in violation of Title 18 U.S.C. 2 as charged in Count One of the Louisiana Indictment (1:15-cr-179; and GUILTY and CONVICTED of obstruction of justice in violation of Title 18 U.S.C. 1519 and aiding and abetting in violation of Title 18 6
Case 1:15-cr-00102-CG-B Document 243 Filed 11/09/15 Page 7 of 8 U.S.C. 2 as charged in Count 2 of the Louisiana Indictment (1:15-cr-179. It is ORDERED that Count Six against Defendant DSD Shipping, AS; Count Two against Defendant Bo Gao; Counts One, Two and Six as to Defendant Xiaobing Chen; and Count One as to Defendant Xin Zhong of the Indictment filed on April 30, 2015, in the Southern District of Alabama are hereby DISMISSED with prejudice. It is further ORDERED that Count Three against Defendant DSD Shipping, AS; Count One against Defendant Bo Gao; and Counts One and Three as to Defendant Xiaobing Chen of the Indictment filed on June 11, 2015 in the Western District of Louisiana are hereby DISMISSED with prejudice. Defendants Bo Gao, Xiaobing Chen and Xin Zhong shall REMAIN on the Conditions of Release entered on May 13, 2015 (Docs. 30, 28, 31, respectively pending imposition of sentence. Sentencing hearing as to Defendant DSD Shipping, AS is SCHEDULED for February 11, 2016, at 1:00 p.m., to be held in Courtroom 2B, United States Courthouse, Mobile, Alabama. Sentencing hearing as to Defendant Bo Gao is SCHEDULED for February 11, 2016, at 1:30 p.m., to be held in Courtroom 2B, United States Courthouse, Mobile, Alabama. Sentencing hearing as to Defendant Xiaobing Chen is SCHEDULED for February 11, 2016, at 2:00 p.m., to be held in Courtroom 2B, United States Courthouse, Mobile, Alabama. 7
Case 1:15-cr-00102-CG-B Document 243 Filed 11/09/15 Page 8 of 8 Sentencing hearing as to Defendant Xin Zhong is SCHEDULED for February 11, 2016, at 2:30 p.m., to be held in Courtroom 2B, United States Courthouse, Mobile, Alabama. A representative for DSD Shipping, AS, and the individual Defendants Bo Gao, Xiaobing Chen and Xin Zhong are ORDERED to be present for said sentencing hearings. The presentence investigation reports for Defendants DSD Shipping, AS, Bo Gao, Xiaobing Chen, and Xin Zhong shall be completed by U. S. Probation and disclosed to the parties on or before January 7, 2016. On or before January 28, 2016, the parties shall each file a "Position of (United States (Defendant with Respect to Sentencing Factors" in accordance with this Criminal Local Rule 32(B(4. All other requirements and deadlines of said Rule shall be strictly observed and enforced. DONE and ORDERED this 9th day of November, 2015. /s/ Callie V. S. Granade UNITED STATES DISTRICT JUDGE 8