Special Condition No. 1 At its own expense and at no expense to the Government, the defendant shall implement an Environmental Compliance Plan (“ECP”), attached as Exhibit A, and incorporated herein. The defendant shall fully implement the ECP within three months of the date of sentencing. In the sole and exclusive discretion of the Government2, if the Government determines that the defendant has not fully implemented the ECP within three months, the defendant shall cease the importation of hardwood flooring until the Government determines that the ECP has been fully and satisfactorily implemented. Without prejudice to the foregoing, in the sole and exclusive discretion of the Government, and with the mutual written consent of the defendant and the U.S. Probation Office, the implementation date of the ECP may be modified or extended.
Special Condition No. (6) of the Land Grant stipulates that :-
Special Condition No. 2 During the first four years of probation, the defendant shall engage an outside accounting and/or environmental consulting firm to conduct three audits of all aspects of its compliance with both the (i) ECP and (ii) plant declaration, transportation, and importation requirements and prohibitions set forth in the Xxxxx Xxx, 00 X.X.X. § 0000(x), (x) & (f). The auditors shall generate a written report of their findings and recommendations. The reports are due within 18 months, 35 months, and 48 months of sentencing. Each report shall be transmitted to the Government and the Probation Office. At the Government’s or Probation Office’s exclusive and separate options, the defendant shall conduct an additional audit that covers year 5 of the probation term. The above audits shall be at no cost to the Government or the Probation Office.
Special Condition No. 2. With the exception of the dwarf Australian spiny-tailed monitor lizard, Nugget, the defendant is prohibited from handling, possessing, or touching reptiles and amphibians, or residing in a home with reptiles and amphibians.
Special Condition No. 3. The defendant is prohibited from engaging in the import, export, sale, purchase, sale, barter, exchange, or gifting of reptiles, including directing someone to conduct any of those activities, and from receiving any benefit from those activities.
Special Condition No. 4. The defendant is prohibited from operating, contributing to, posting to, and maintaining any reptile-oriented websites, including making reptile-oriented posts and comments to blogs, chat rooms, social media, and online forums.
Special Condition No. 5. The defendant is prohibited from molesting, disturbing, harassing, pursuing, harming, and touching any wild reptile or its eggs, nests, xxxxxxx, holes, dens, trees, logs, pits, or resting areas.
Special Condition No. 6. The defendant is prohibited from attending any reptile and/or exotic pet show, conference, or convention. Special Assessment Defendant pays $425 at sentencing. Defendant: LOU’S FISH MARKET, INC. (Case No. 2:14-cr-00278-JFB) 1 of 3 SENTENCING PARAMETER AGREEMENT OF PARTIES Fine Defendant shall pay a criminal fine of $400,000. Parties have agreed to a phased payment schedule: (a) $200,000 of the fine is due at sentencing; (b) Second and final payment of $200,000 is due within one (1) year of sentencing; Pursuant to 16 U.S.C. §§ 1861(e), fine is payable to the “NOAA Asset Forfeiture Fund” to be delivered to NOAA Finance, ATTN: Asset Forfeiture Fund Payment, 00000 Xxxxxxx Xxxx., Xxxxxxxxxx, Xxxxxxxx 00000. Community Service Payment At sentencing, Defendant shall make a $100,000 payment. Payee: Cornell Cooperative Extension of Suffolk County (Marine Program). Payee address: Cornell Cooperative Extension of Suffolk County (Marine Program), ATTN: Development Office, 000 Xxxxxxxx Xxxxxx, Suite 100, Riverhead, New York 11901-3071. This payment shall be used exclusively for the Marine Xxxxxxx Program on Long Island, New York, and if that program has expired by the time of sentencing, for the exclusive purpose of enhancing the seagrass, nearshore, estuarine, and/or salt xxxxx habitat of the waters in and around Long Island, New York. Defendant shall not be permitted to take any tax offset or deduction for the community service payment. Restitution Not applicable to this defendant. Term of Organizational Probation Joint stipulation of five (5) years.
Special Condition No. 3. The defendant is immediately banned from participating in any federal or New York State Research Set-Aside (RSA) Program; this includes purchasing fish that was caught under an RSA Program. Special Condition No. 4. The defendant shall make timely, accurate, and truthful dealer reports. The defendant shall designate one employee or contractor to ensure the integrity of the dealer reports as well as an additional employee to verify the accuracy and veracity of each dealer report. The defendant shall keep a written log of the verification of the dealer reports and each of the two persons shall sign each log entry next to the date and dealer report number. LFM shall make the log immediately available to NOAA, the Probation Office, or the Government upon request. Special Condition No. 5. From the date of sentencing, regardless of whether LFM was the first purchaser, for all transactions, the defendant shall keep accurate records of all seafood purchased, shipped, packed out, transported, handled, and sold by the defendant and its agents. If known, these records shall also include dealer report number, catch vessel, and FVTR number, in addition to weight, grade, species, price, how packed, and identifiers for the persons/entities on the other side of the transactions. LFM shall maintain these records in an organized manner and shall make these records immediately available to NOAA, the Probation Office, or the Government upon request.
Special Condition No. 6. For the first three years of probation, the defendant shall engage an outside accounting and/or environmental consulting firm to conduct an annual audit of all aspects of its seafood business, including compliance with these Special Conditions and state and federal regulations regarding fisheries management. The auditors shall generate a written report of their findings and recommendations. The first three reports are due with 16 months, 28 months, and 40 months of sentencing. Each report shall be transmitted to the Government and the Probation Office. At the Government’s or Probation Office’s exclusive and separate options, the defendant shall conduct the above audits during years 4 and/or 5 of the probation term. These audits shall be at no cost to the Government. Special Condition No. 7. The defendant consents to NOAA retroactively adjusting, correcting, or otherwise reconciling dealer reports submitted by it or on its behalf in order to account for previously unreported fish. This consent includes creating new records, including aggregates, with null or placeholder figures (date, vessel, FVTR number, etc.) in order to facilitate correction and/or reconciliation of the purchase data. Defendant: LOU’S FISH MARKET, INC. (Case No. 2:14-cr-00278-JFB) 3 of 3 SENTENCING PARAMETER AGREEMENT OF PARTIES
