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Author Topic: USA V Miller et al Western District of Missouri 4:08-cr-00023  (Read 11038 times)
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Offly_irked
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« on: June 28, 2008, 06:20:12 AM »

2/25/08:  Bond Set: $10,000 Unsecured Appearance Bond each as to defendant Sally Miller andStephen S. Miller.  Text not docketed. Travel restrictions are noted in docket but text not given.

Counts 1-26: ADULTERATION OR MISBRANDING OF ANY FOOD, DRUG

Count 27: CONSPIRACY TO DEFRAUD THE UNITED STATES

Defendants entered a plea of not guilty to each count of the indictment applicable to him/her.

Case ordered set for trial on the joint criminal jury trial docket on April 21, 2008 has been changed to commence November 3, 2008.

on 3/20/08: The government has filed its objection which primarily focuses on the absence of an extradition treaty with China. While the government is correct that the United States does not have an extradition treaty with China, the Court is not convinced that defendant Miller poses such a substantial risk of flight to deny him travel for apparently legitimate business purposes. The scope of the travel is strictly limited in terms of scope and duration. The defendant will be abroad from March 22, 2008, to April 5, 2008. Additionally, he has provided a travel itinerary for his trip.
ORDERED that the motion (Doc. No. 13) of defendant Stephen S. Miller to authorize
international travel to China for the purpose of attending a trade show and attending to certainbusiness interests is GRANTED.


on 6/10/08: Pending before the Court is the motion (Doc. No. 17) of defendant Stephen Miller for permission to travel to a trade show in Shanghai, China, from June 21, 2008, to July 11, 2008.
For good cause appearing, it is ORDERED that the motion (Doc. No. 17) of defendant Stephen Miller for permission to travel to a trade show in Shanghai, China, from June 21, 2008, to July 11, 2008, is GRANTED.


Cause for Irony: brochure for trade show in China is docketed- sponsored by China Food Additive Association

« Last Edit: June 28, 2008, 06:21:57 AM by Offy » Logged
karvskitties
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« Reply #1 on: June 28, 2008, 06:54:04 AM »

Quote
sponsored by China Food Additive Association

A fully regulated agency - I'm sure.
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Karen V

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trudy1
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« Reply #2 on: June 28, 2008, 12:13:29 PM »

I'm sure of that, too. Roll Eyes
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Pita_Purr_Parler
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« Reply #3 on: October 03, 2008, 06:08:53 AM »

The Millers have motioned the Court to delay the Court date and indicate negotiations to a "possible global resolution of this case" :

08/18/2008 19  MOTION to continue Trial Setting by Sally Miller, Stephen S Miller, Chemnutra Inc. Suggestions in opposition/response due by 9/2/2008 unless otherwise directed by the court.  (Entered: 08/18/2008)

SUGGESTIONS IN SUPPORT
1. Stephen S. Miller, Sally Qing Miller and Chemnutra, Inc., their wholly owned
company, are charged in a 27 count indictment alleging 26 counts of misdemeanor FDA
violations regarding the distribution of misbranded and/or adulterated food products and a single felony count of conspiracy to commit wire fraud.
2. This Court, on March 12, 2008, filed its Scheduling and Trial Order, after a
March 10, 2008 scheduling conference. That order set this action for trial on the Joint Criminal Jury Trial Docket commencing on November 3, 2008 and a final pretrial conference on October 23, 2008.
3. Voluminous discovery has been provided by the government in both paper and electronic formats and review of that discovery is ongoing. In addition, expert testimony will be presented in this case and preparation of such testimony, and the defense against such testimony from the government, is necessary. In addition, it is anticipated that motions in limine will be filed on a variety of issues unique to the factual circumstances of this case.
4. Furthermore, the parties, in good faith, are continuing to explore a resolution of this complex case short of a jury trial, and additional time is needed in order to discuss and negotiate a possible global resolution of this case.
5. Undersigned counsels suggest that this case be placed on the Joint Criminal Jury
Trial Docket commencing March, 2009
.

Once again, the Court grants their motion and the Trial Date moved to March 23 2009:

08/28/2008 20  ORDER granting motion to continue  19 . The case as to defendants Sally Miller (1), Stephen S Miller (2), Chemnutra Inc (3) is continued from 11/3/08 to 3/23/09. Signed by Magistrate Judge John T. Maughmer on 8/28/08. (Entered: 08/28/2008)

(snip)
4. In light of the circumstances set out in the above-quoted portion of the suggestions in support of the motion for continuance, the ends of justice served by removing this criminal action from the joint criminal jury trial docket which will commence November 3, 2008, and granting a continuance outweigh the best interest of the public and the defendant in a speedy trial.

It is therefore,
ORDERED that the motion for continuance of this criminal action filed by defendants on August 18, 2008 (Doc. No. 19), is GRANTED and that this criminal action is removed from the joint criminal jury trial docket which will commence November 3, 2008. It is further
ORDERED that this criminal action is set for trial on the joint criminal jury trial docket which will commence March 23, 2009. It is further
ORDERED that, pursuant to 18 U.S.C. § 3161(h), the time between the date of this Order and March 23, 2009, shall be excluded in computing the time within which the trial of this criminal action must commence.


Here's a challenge to US Consumers: Identify the US customers of ChemNutra who import from China and their products:

09/15/2008 21  MOTION for order authorizing international travel by Stephen S Miller. Suggestions in opposition/response due by 9/30/2008 unless otherwise directed by the court. (Entered: 09/15/2008)

4. Mr. Miller is CEO of Chemnutra, Inc. Chemnutra, Inc. imports ingredients from China to the United States for the feed, food and pharma industries. Chemnutra, Inc. must establish and maintain business relationships with a variety of Chinese manufacturers if Chemnutra is to be successful. Attending trade shows in Asia as well as trips to Chemnutra’s Chinese manufactures falls within the responsibilities of Mr. Miller. Mr. Miller as CEO of Chemnutra, Inc. attends these trade shows to meet with officers and representatives of Chinese companies who manufacture ingredients the company distributes or are considering for future distribution and to identify new product lines. In addition, United States customers of Chemnutra, Inc. will travel to China to meet manufactures and request that a representative of Chemnutra, Inc. accompany them to China.
5. Over the next 45 days, Mr. Miller is requesting permission to travel to internationally for business related reasons. The travel request is as follows:
a. September 24-26, 2008 for a Food Ingredients trade show in Bangkok, Thailand.
b. October 3-4, 2008 for a Food Ingredients trade show in Mumbai, India.
c. October 9-22, 2008 for meetings in China to visit existing suppliers and to facilitate a meeting between Chemnutra’s largest United States customer and the suppliers in China.
6. Due to the extensive travel request, Mr. Miller would request that the Court release his passport to him and that he be able to keep his passport until his return from China on or about October 22, 2008.
7. Previous requests for travel have included specific travel arrangements but due to the multiple travel requests in this motion, Mr. Miller would ask that said specific travel plans be supplied directly to Pretrial Services before each specific travel request.


(snip)
9. Mr. Miller acknowledges that China does not have an extradition agreement with the United States but believes the facts set forth in this motion establish a legitimate reason to travel and provide the court with well grounded reasons that Mr. Miller will return to the United States.
10. Mr. Miller will provide a full itinerary to pretrial services, will call daily if needed, and will promptly return his passport upon return to the United States.


Naturally, the Court again Granted the Miller's request

09/19/2008 22  ORDER granting 21 motion to travel for business as to Stephen S Miller (2). Signed by Magistrate Judge John T. Maughmer on 9/19/08. (Entered: 09/19/2008)
« Last Edit: October 03, 2008, 06:56:42 AM by Offy » Logged
Sandi K
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« Reply #4 on: October 03, 2008, 06:21:51 AM »

Offy, will you let us know when this happens?  I am very interested in this.
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Pita_Purr_Parler
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« Reply #5 on: October 03, 2008, 06:48:30 AM »

Changed & updated that post while you posted SandiK...

I want to see how they manage and how they can dare to define a "global resolution" in light of the MelaMilk scandal and the continuing adulteration of human foods with melamine....

Their largest US Customer needs to rethink a few things, IMO, before the American consumers find out who they are...

MenuSux as usual posted good info on that:
http://www.itchmo.com/menu-foods-says-production-has-improved-after-pet-food-recalls-2530#comment-52539

“In late 2005, Menu Foods switched away from the US-based MGP Ingredients and signed a 10 year contract with Chem Nutra to take advantage of the lower-priced Asian imports.”
“He [Henderson] is also confident that ChemNutra will survive. Menu Foods is the only customer ChemNutra has lost, leaving 17 others."

“Other ChemNutra clients included Del Monte and Purina.”



« Last Edit: October 03, 2008, 07:16:02 AM by Offy » Logged
Pita_Purr_Parler
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« Reply #6 on: December 17, 2008, 06:40:24 AM »

There's only a 10/24/08 notice of unavailable dates in Dec for some parties...... there's no additional case information.

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JanC
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« Reply #7 on: December 17, 2008, 09:44:18 AM »

Thanks for posting that, Offy.  I went looking for any info & couldn't find anything.

Wonder what's going on with that.  Probably nothing......what a surprise..... Lips sealed
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caylee
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« Reply #8 on: December 17, 2008, 10:24:44 AM »

"leaving 17 others"

Any idea what companies these 17 are? I'd like to know, so that I can avoid buying products from them.
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JJ
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« Reply #9 on: December 17, 2008, 11:57:56 AM »

caylee good for asking this again. We had also asked and no one has yet to provide the answer as to the remaining companies.
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Your blessings be more,
And nothing but happiness
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JanC
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« Reply #10 on: December 17, 2008, 12:10:52 PM »

I have to wonder if this isn't plain old BS......in other words......na na na na na na, this didn't hurt me at all. Tongue  We all know how arrogant these chief honchos are. Angry

Seems to me that these pfc, while knowingly adding cheap ingredients to their food (would like to think that they had no knowledge that it was a toxic brew), killing a lot of fur babies & ruining their "good" name, would be just a little hesitant to do business with them again.

Then again, that's common sense talking........not sure where any of them stand where that's concerned. Lips sealed
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JanC
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« Reply #11 on: December 17, 2008, 12:28:06 PM »

Got this in an email from our favorite researcher:

http://itchmoforums.com/news-recall-related/the-scoular-companythe-fourth-identified-client-of-chemnutra-t2743.0.html
 
This link lists the 4 direct clients of CN for wheat gluten--Nestle Purina, MF, Del Monte, and Scoular.  Scoular re-sold the wheat gluten to other companies who got involved in the recall, such as Hill's and Sunshine Mills.
 
I know that P & G was having its canned and pouched done by MF, and my understanding was that they did their own dry, unless you've heard differently.  So P & G may have been a direct client of CN at one time with the dry food.  They also may have been an indirect one, just as Hill's and Sunshine Mills were, buying from Scoular, who bought from CN.  P & G was an indirect client of CN with their canned and pouched food, because they bought from MF who bought from CN.
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Pita_Purr_Parler
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« Reply #12 on: March 14, 2009, 04:21:50 AM »

The Docket is Updated - And the Trial postponed AGAIN

03/03/2009   25     MOTION to continue trial setting of March 23, 2009 to June 8, 2009 by Stephen S Miller. Suggestions in opposition/response due by 3/18/2009 unless otherwise directed by the court.  (Entered: 03/03/2009)

03/09/2009   26    ORDER granting motion to continue 25 the case as to defendants Sally Miller, Stephen S Miller, Chemnutra Inc. Accelerated Jury Trial is continued from 3/23/09 to 6/8/2009. The pretrial conference scheduled for 3/12/09 is also continued. Signed by Magistrate Judge John T. Maughmer on 3/9/09.  (Entered: 03/09/2009)



This will most likely make you grit your teeth - excerpted from the Motion for continuance - and maybe even use profanity:


6. Defense counsel and counsel for the government are in continuing plea
negotiations. Counsel believes that these negotiations will result in the resolution of this
matter in the very near future. However, additional time is needed to finalize some of the
unresolved issues.

7. Counsel does not believe any additional requests for a continuance will be
needed in this case..

* chemnutra_continue_mar09.pdf (15.52 KB - downloaded 10 times.)
« Last Edit: March 14, 2009, 04:24:34 AM by Offy » Logged
Sandi K
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« Reply #13 on: March 14, 2009, 08:18:54 AM »

Why does this not surprise me?  What it does though....is really piss me off.  I am so sick and tired of these crooks getting off, they will be or already are just like Menu, back to business as usual.  I am also really mad that we as petparents had no say in any of this, they were involved in killing our pets and they wouldnt even allow impact statements.  What a crock of dog doo.   This is not justice for our pets.   Angry  Tongue

Can we send in opposition statements and if so, to who or would it even do any good.   
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Sandi K
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« Reply #14 on: March 14, 2009, 08:35:16 AM »

I am going to write a letter to that D.A.'s office and file a complaint over this.  This is just flat out not right. They killed and sickened our pets and not one of them has had to answer for it.  Let alone Chem-Nutra who should have to do jail-time, they did nothing to Menu Foods who purposely delayed a recall of their food and continued to let pets die and get sick while they were sitting on their thumbs.  D--n them.  We all need to get mad over this and write letters to at least let our voices be heard.   I wonder if one of those e-petitions would do anything.     
« Last Edit: March 14, 2009, 08:43:24 AM by Sandi K » Logged
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