USA v. LIN

Criminal Case New Jersey District Court, Case No. 2:01-cr-00365-WHW
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Last Updated December 29, 2021 at 4:51 PM EST (3.5 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
United States of America United States of America, Plaintiff
Officially listed as "USA"

Represented by McCarter & English LLP

Name Phone Fax E-Mail
Space SCOTT S. CHRISTIE +1 973 622 4444 +1 973 624 7070 schristie@mccarter.com
v.
No Logo Hai, Lin, Defendant

Represented by Tressler Soderstrom Maloney & Priess

Name Phone Fax E-Mail
Space ROBERT JOSEPH FETTWEIS +1 973 848 2900 +1 973 623 0405 rfettweis@tresslerllp.com

Note: Criminal cases with multiple defendants may have several records with the same case number: one record for the master file (all defendants), as well as one record per defendant. It can often be difficult to tell which record is which. Other likely matches for this case include:

Attributes
Office Newark
Filed 5/31/2001
County Union
Terminated
Reopened 5/6/2005
Magistrate Case
201-mj-03075
Citation
Offense Level
COMPLAINT Fraud by wire, radio or television. 18:1343 [ 2:01-m -3075 ]
Count 1
Citation Section 18 U.S.C. § 1832.F
Offense Level 4
181832(a)(5) THEFT OF TRADE SECRETS (dof 01/00 thru 05/01)
Count 16s-24s
Citation Section 18 U.S.C. § 1343.F
Offense Level 4
181343,1346 & 2 FRAUD BY WIRE, RADIO, OR TELEVISION (dof-11/99-5/01)
Count 1s
Citation Section 18 U.S.C. § 1832.F
Offense Level 4
181832(a)(5) THEFT OF TRADE SECRETS(dof-11/99-5/01)
Count 2s-7s
Citation Section 18 U.S.C. § 1832.F
Offense Level 4
181832(a)(3) THEFT OF TRADE SECRETS(dof-5/01-)
Def Custody Status Fugitive
Flag PRIOR
Timeline
  Entries (63) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 86 Filed: 12/29/2021, Entered: None Order to Continue - Ends of Justice
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Legal Document (Payment Possibly Required) 85 Filed: 3/15/2021, Entered: None Order to Continue - Ends of Justice
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Legal Document (Payment Possibly Required) 84 Filed: 9/23/2020, Entered: None Order to Continue - Ends of Justice
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Letter 80 Filed: 5/13/2005, Entered: 5/13/2005 Letter
Letter from James A. Plaisted, Esq. (Attachments: # (1) Order Discharging All Bail, Bonds, Restrictions and Property# (2) Exhibit Amended Order for Dismissal)(PLAISTED, JAMES)
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Letter 79 Filed: 5/13/2005, Entered: 5/13/2005 Letter
Letter from James A. Plaisted, Esq. (Attachments: # (1))(PLAISTED, JAMES)
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Blank -- Filed: 5/6/2005, Entered: 5/6/2005 Case Reopened
Case reopened as to HAI LIN Clerk's Note: Defendant Terminated in error. (th, )
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Order 76 Filed: 5/3/2005, Entered: 5/3/2005 OrderCourt Filing
ORDER for dismissal as to KAI XU, YONG-QING CHENG re [43] Indictment . Signed by Judge William H. Walls on 5/2/05. (jn, ) Modified on 5/11/2005 (jn, ).
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Legal Document (Payment Possibly Required) 72 Filed: 6/18/2004, Entered: 7/8/2004 Order for WarrantCourt Filing
Petition for action on conditions of Pretrial Release, ORDER FOR ISSUANCE OF ARREST WARRANT as to HAI LIN . Signed by Judge William H. Walls on 6/9/04. (Attachments: # (1) Copy of Arrest Warrant issued.) (jn, )
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Legal Document (Payment Possibly Required) 71 Filed: 5/4/2004, Entered: 5/7/2004 OrderCourt Filing
Consent ORDER amending bail as to HAI LIN discharging and vacating the Agreement to Forfeit property executed by Geng G. Wang and Yun Ren on or about 5/01. . Signed by Judge William H. Walls on 5/4/04. (jn, )
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Legal Document (Payment Possibly Required) 70 Filed: 3/22/2004, Entered: 3/23/2004 Order on Motion to SuppressCourt Filing
ORDER denying [65] Motion to Suppress as to HAI LIN (1), HAI LIN (1); denying [63] Motion to Suppress as to KAI XU (2); denying [64] Motion for Discovery as to YONG-QING CHENG (3). Signed by Judge William H. Walls on 3/22/04. (jn, )
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Legal Document (Payment Possibly Required) 69 Filed: 2/17/2004, Entered: 2/23/2004 OrderCourt Filing
Consent ORDER as to HAI LIN, Amending bail conditions by vacating Agreement to Forfeit Property signed on or about 5/29/01 by Jianan Lu and Xiaoping Wang for the property located at 9 Ely Place, Edison, NJ 08817. . Signed by Judge William H. Walls on 2/17/04. (jn, )
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Legal Document (Payment Possibly Required) 68 Filed: 2/11/2004, Entered: 2/13/2004 Motion HearingCourt Filing
Minute Entry for proceedings held before Judge William H. Walls :Motion Hearing as to HAI LIN, KAI XU, YONG-QING CHENG held on 2/11/2004 re [64] Motion for Discovery filed by YONG-QING CHENG, [65] Motion to SuppressMotion for Miscellaneous ReliefMotion for Miscellaneous Relief filed by HAI LIN, [63] Motion to Suppress filed by KAI XUOrdered hrgs. adj. to 3/8/04. (Court Reporter davion.) (eu, )
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Blank 66 Filed: 11/7/2003, Entered: 11/19/2003 Miscellaneous Document
LETTER By Robert J. Fettweis, Esg. atty. for HAI LIN advising of firm's new address: WolfBlock Brach Eichler, 101 Eisenhower Parkway, Roseland, N.J. 07068, Tele.# 973-403-3118. (it)
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Blank 65 Filed: 10/28/2003, Entered: 10/30/2003, Terminated: 3/22/2004 Motion to Suppress
Notice of MOTION by HAI LIN for order 1. to suppress post arrest statement of deft. and , 2. to suppress the fruits of a search and , 3. to Adopt Motions of Other Defendants. , Motion Hearing set for 0:00 11/24/03 as to: HAI LIN, re: (65-1), (65-3) (Brief and PO subm) (jn)
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Blank 62 Filed: 5/27/2003, Entered: 6/2/2003 Description not availableCourt Filing
Letter ORDER as to HAI LIN, KAI XU, YONG-QING CHENG denying [46-1] motion 1. to dismiss the Indictment, denying [46-2] motion 2.to suppress the evidence and information that was gained by the govt. in violation of the federal wire tapping statutes. Ordered gov't., motion to withdraw it's request to take Rule 15 depositions is granted. Ordered counsel for defendant to submit affidavit re: Rule 15 depositions no later than 6/6/03 and ordered defendants are to retain experts no later than 8/1/03 and reports to be completed no later than 11/17/03 and motion filing deadline set for 10/17/03 for HAI LIN, for KAI XU, for YONG-QING CHENG , Government Response to motion 11/17/03 and , set Trial with jury for 3/9/04 for HAI LIN, for KAI XU, for YONG-QING CHENG ( Signed by Judge William H. Walls ) (jn)
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Blank 61 Filed: 5/16/2003, Entered: 5/29/2003 Minutes-MiscellaneousCourt Filing
Minutes of 5/16/03 before Judge William H. Walls as to HAI LIN, KAI XU, YONG-QING CHENG denying [46-1] motion 1. to dismiss the Indictment as to HAI LIN (1), KAI XU (2), YONG-QING CHENG (3)denying [46-2] motion 2.to suppress the evidence and information that was gained by the govt. in violation of the federal wire tapping statutes as to HAI LIN (1), KAI XU (2), YONG-QING CHENG (3) (Court Reporter/ESR: YD) (it)
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Blank 60 Filed: 5/5/2003, Entered: 5/6/2003 Letter
LETTER brief in support of the pending joint motion to dismiss superseding indictment By HAI LIN. (jn)
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Blank 59 Filed: 4/24/2003, Entered: 4/25/2003 Transcript
TRANSCRIPT filed as to HAI LIN, KAI XU for dates of 5/29/01 (jn)
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Blank 57 Filed: 10/16/2002, Entered: 10/23/2002 Minutes-MiscellaneousCourt Filing
Minutes of 10/16/02 before Judge William H. Walls as to HAI LIN, KAI XU, YONG-QING CHENG [46-1] motion 1. to dismiss the Indictment taken under advisement as to HAI LIN (1), KAI XU (2), YONG-QING CHENG (3), [46-2] motion 2.to suppress the evidence and information that was gained by the govt. in violation of the federal wire tapping statutes taken under advisement as to HAI LIN (1), KAI XU (2), YONG-QING CHENG (3) (Court Reporter/ESR: YD) (it)
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Blank 56 Filed: 10/16/2002, Entered: 10/23/2002 Minutes-MiscellaneousCourt Filing
Minutes of 10/16/02 before Judge William H. Walls as to HAI LIN, KAI XU, YONG-QING CHENG granting [31-1] motion 1. for an order to take and preserve for use at trial the depositions of eleven prospective govt. witnesses in China pursuant to Fed. R. Crim. P. 15 as to HAI LIN (1), KAI XU (2), YONG-QING CHENG (3) (Court Reporter/ESR: YD) (it)
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Blank 55 Filed: 9/12/2002, Entered: 9/13/2002 ~Notice (other)
NOTICE of Reply to defendant's memorandum of law in opposition to the United States' motion for an order to take and preserve for use at trial the deposition of prospective government witnesses by USA as to HAI LIN, KAI XU, YONG-QING CHENG (jn)
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Blank 54 Filed: 9/12/2002, Entered: 9/13/2002 ~Notice (other)
NOTICE of Declarations of Vasilios Daskalopoulos, Shirley Zhang, Zhang, Charles Huang, Jingyun Zou and Robert J. Fettweis, Esq. together w/letter brief.submitted in reply to the government's response to the pending joint motion to dismiss the superseding indictment by HAI LIN (jn)
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Blank 50 Filed: 8/13/2002, Entered: 8/14/2002 Affidavit
AFFIDAVIT OF HEATHER WINDT, ESQ. Re:documents. And defendants' memorandum of law in opposition to the government's motion for an order to take and preserve for use at trial the depositions of prospective government witnesses. (jn)
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Blank 49 Filed: 8/2/2002, Entered: 8/12/2002 Description not availableCourt Filing
ORDER REGARDING COMPUTER EQUIPMENT as to HAI LIN, KAI XU, YONG-QING CHENG ( Signed by Judge William H. Walls ) (it)
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Blank 48 Filed: 7/31/2002, Entered: 8/9/2002 Minutes-MiscellaneousCourt Filing
Minutes of 7/31/02 before Judge William H. Walls as to HAI LIN, KAI XU, YONG-QING CHENG, Status conference held. (Court Reporter/ESR: YD) (it)
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Blank 47 Filed: 7/30/2002, Entered: 8/1/2002 Transcript
TRANSCRIPT filed as to HAI LIN, KAI XU, YONG-QING CHENG for dates of 6/18/02 (it)
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Blank 46 Filed: 5/24/2002, Entered: 5/29/2002, Terminated: 5/27/2003 Motion to Dismiss
Notice of MOTION by HAI LIN, KAI XU, YONG-QING CHENG 1. to dismiss the Indictment , and/or 2.to suppress the evidence and information that was gained by the govt. in violation of the federal wire tapping statutes , Motion Hearing set for 9:30 6/24/02 as to: HAI LIN, KAI XU, YONG-QING CHENG, re: (46-1), (46-2) (Memorandum and PO subm) (it)
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Blank 45 Filed: 4/23/2002, Entered: 4/24/2002 Description not availableCourt Filing
ORDER as to HAI LIN, KAI XU, YONG-QING CHENG, protective ( Signed by Judge William H. Walls ) (it) Modified on 04/24/2002
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Blank 44 Filed: 4/11/2002, Entered: 4/16/2002 Minutes-MiscellaneousCourt Filing
Minutes of 4/11/02 before Judge William H. Walls as to HAI LIN, KAI XU, YONG-QING CHENG, Arraignment Held. Defendant(s) pleads not guilty to superseding indictment. Hrg. on application of defts. for a protective order. Ordered hrg. adj. to 4/16/02. (Court Reporter/ESR: Y. Davion) (jn)
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Blank 43 Filed: 4/11/2002, Entered: 4/11/2002 Indictment
SUPERSEDING INDICTMENT as to HAI LIN (1) count(s) 1s, 2s-7s, 16s-24s, KAI XU (2) count(s) 1s, 8s-10s, 16s-24s, YONG-QING CHENG (3) count(s) 1s, 11s-15s, 16s-24s (mh)
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Blank 42 Filed: 4/3/2002, Entered: 4/11/2002 Description not availableCourt Filing
ORDER MODIFYING BAIL CONDITIONS, as to HAI LIN ( Signed by Mag. Judge Stanley R. Chesler ) (me)
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Blank 37 Filed: 1/24/2002, Entered: 1/29/2002 Description not availableCourt Filing
ORDER as to HAI LIN, KAI XU, YONG-QING CHENG, Modifying Conditions of Bail Release ( Signed by Judge William H. Walls ) (it)
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Blank 36 Filed: 1/18/2002, Entered: 1/29/2002 Minutes-MiscellaneousCourt Filing
Minutes of 1/18/02 before Judge William H. Walls as to HAI LIN, KAI XU, YONG-QING CHENG, (No appearance for Lin) Status conference held. , set Trial with jury for 1/24/02 for HAI LIN, for KAI XU, YONG-QING CHENG (Court Reporter/ESR: YD) (it)
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Blank 35 Filed: 1/18/2002, Entered: 1/18/2002 Description not availableCourt Filing
ORDER as to HAI LIN, Modifying Conditions of Release , and to modify Bail bail by the return of $20,000.00 to Jing Zhang the she posted with the clerk to secure the defendants release. ( Signed by Judge William H. Walls ) (jn)
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Blank 34 Filed: 11/19/2001, Entered: 12/10/2001 Description not availableCourt Filing
ORDER as to HAI LIN, KAI XU, YONG-QING CHENG, Modifying Conditions of Release ( Signed by Judge William H. Walls ) (it)
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Blank 33 Filed: 11/19/2001, Entered: 12/3/2001 Description not availableCourt Filing
ORDER as to HAI LIN, KAI XU, YONG-QING CHENG, Modifying Conditions of Release ( Signed by Judge William H. Walls ) (it)
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Blank -- Filed: 10/22/2001, Entered: 10/29/2001 Set/Reset Deadlines:
Deadline updated as to HAI LIN, KAI XU, YONG-QING CHENG, Motion set for 1/15/02 for HAI LIN, for KAI XU, for YONG-QING CHENG for [31-1] motion 1. for an order to take and preserve for use at trial the depositions of eleven prospective govt. witnesses in China pursuant to Fed. R. Crim. P. 15 (it)
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Blank 31 Filed: 10/1/2001, Entered: 10/3/2001 Motion for Miscellaneous Relief
Notice of MOTION by USA as to HAI LIN, KAI XU, YONG-QING CHENG 1. for an order to take and preserve for use at trial the depositions of eleven prospective govt. witnesses in China pursuant to Fed. R. Crim. P. 15 Motion Hearing set for 9:30 10/22/01 as to: HAI LIN, KAI XU, YONG-QING CHENG, re: (31-1) (brief & PO subm) (it)
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Blank 30 Filed: 9/24/2001, Entered: 9/27/2001 Description not availableCourt Filing
ORDER re: permitting all parties to issue trial subpoenas etc. as to HAI LIN, KAI XU, YONG-QING CHENG ( Signed by Judge William H. Walls ) (it)
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Blank 28 Filed: 7/23/2001, Entered: 7/25/2001 Transcript
TRANSCRIPT filed as to HAI LIN, KAI XU, YONG-QING CHENG for dates of 6/18/01 (jn)
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Blank 27 Filed: 7/20/2001, Entered: 7/23/2001 Description not availableCourt Filing
ORDER as to HAI LIN, KAI XU, YONG-QING CHENG, Modifying Conditions of Release ( Signed by Judge William H. Walls ) (it)
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Blank 24 Filed: 6/28/2001, Entered: 7/2/2001 Warrant Returned Executed
ARREST WARRANT Returned Executed as to HAI LIN on 5/3/01 (it)
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Blank 23 Filed: 6/21/2001, Entered: 6/25/2001 Description not availableCourt Filing
ORDER as to HAI LIN, KAI XU, YONG-QING CHENG, to Continue in Interests of Justice. COMPLEX CASE. Time Excluded from 6/20/01 to , set Trial with jury for 1/28/02 & scheduling conference be held on 8/23/02 at 2 p.m. for HAI LIN, for KAI XU, for YONG-QING CHENG ( Signed by Judge William H. Walls ) (it)
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Blank 22 Filed: 6/20/2001, Entered: 6/21/2001 Description not availableCourt Filing
ORDER as to HAI LIN, KAI XU, YONG-QING CHENG, to Continue in Interests of Justice. COMPLEX CASE. Time Excluded from 6/18/01 to , set Trial with jury for 1/28/02 for HAI LIN, for KAI XU, for YONG-QING CHENG Scheduling conference be held on August 23, 2002 at 2:00 p.m. ( Signed by Judge William H. Walls ) (it)
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Blank 21 Filed: 6/18/2001, Entered: 6/21/2001 Order for Discovery and InspectionCourt Filing
Order for Discovery and Inspection. ( signed by Judge William H. Walls ) (jn)
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Blank 20 Filed: 6/18/2001, Entered: 6/21/2001 Minutes-MiscellaneousCourt Filing
Minutes of 6/18/01 before Judge William H. Walls as to HAI LIN, KAI XU, YONG-QING CHENG, Arraignment Held. Defendant(s) pleads not guilty to indictment. Order for discovery and inspection filed setting the following dates. Motion Filing set for for HAI LIN, for KAI XU, for YONG-QING CHENG ; Trial with jury set for 1/28/02 for HAI LIN, for KAI XU, for YONG-QING CHENG ; Responses to Motions due to be set Motion Return Date to be set , to continued Bail Bond reset to for HAI LIN; Bond reset to for KAI XU; Bond reset to for YONG-QING CHENG. (Court Reporter/ESR: Y. Davion) (jn)
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Blank 19 Filed: 6/11/2001, Entered: 6/11/2001 Transcript
TRANSCRIPT filed as to HAI LIN, KAI XU, YONG-QING CHENG for dates of 5/25/01 (th)
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Blank 18 Filed: 6/11/2001, Entered: 6/11/2001 Notice of Allocation and AssignmentCourt Filing
NOTICE OF ALLOCATION AND ASSIGNMENT Setting Arraignment for 9:30 6/19/01 in Courtroom 4D Newark ( before Judge William H. Walls ) (th)
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Blank 10 Filed: 6/11/2001, Entered: 6/11/2001 Transcript
TRANSCRIPT filed as to HAI LIN, KAI XU, YONG-QING CHENG for dates of 5/14/01 & 5/23/01 (it)
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Blank 17 Filed: 6/8/2001, Entered: 6/11/2001 Description not availableCourt Filing
ORDER as to HAI LIN, Modifying Conditions of Release re: waiving the requirement that ShiQuan Peng and YunYun Xiong agree to forfeit their home in Bridgwater, NJ in the event of the defts breach of the bail conditions and to substitute therfor the requirement that Victoria Zhou of Bronxville, NY co-sgin the appearance bond in this case. ( Signed by Mag. Judge Stanley R. Chesler ) (th)
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Blank 16 Filed: 6/8/2001, Entered: 6/11/2001 Order Setting Conditions of ReleaseCourt Filing
AMENDED ORDER Setting Conditions of Release as to HAI LIN ( Signed by Mag. Judge Stanley R. Chesler ) (th)
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Blank 9 Filed: 5/31/2001, Entered: 6/1/2001 Indictment
INDICTMENT as to HAI LIN (1) count(s) 1, KAI XU (2) count(s) 1, YONG-QING CHENG (3) count(s) 1 (th)
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Blank 12 Filed: 5/29/2001, Entered: 6/11/2001 Docket Annotation
IRREVOCABLE WAIVER OF EXTRADITION by HAI LIN (th)
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Blank 8 Filed: 5/29/2001, Entered: 5/31/2001 Minutes-MiscellaneousCourt Filing
Minutes of 5/29/01 before Mag. Judge Stanley R. Chesler as to HAI LIN, KAI XU, Court amended previous Conditions of Release. (Court Reporter/ESR: court tape) [ 2:01-m -3075 ] (me)
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Blank 7 Filed: 5/25/2001, Entered: 5/31/2001 Docket AnnotationCourt Filing
MINUTES OF 5/25/01 re: Motion by AUSA Scott Christie, to Stay, bail hearing to make an appeal before Judge Ackerman. Court granted application to Stay all proceeding on a limited basis, until 5/29/01. [ 2:01-m -3075 ] (me) Modified on 06/11/2001
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Blank 4 Filed: 5/14/2001, Entered: 5/15/2001 Order Setting Conditions of ReleaseCourt Filing
ORDER Setting Conditions of Release as to HAI LIN, KAI XU, YONG-QING CHENG Bond reset to $900,000. Cash/Surety for HAI LIN; Bond reset to $900,000. cash/surety for KAI XU; Bond reset to $900,000. cash/surety for YONG-QING CHENG. ( Signed by Mag. Judge Stanley R. Chesler ) Bail not made. [ 2:01-m -3075 ] (me)
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Blank 3 Filed: 5/14/2001, Entered: 5/15/2001 Minutes-MiscellaneousCourt Filing
Minutes of 5/14/01 before Mag. Judge Stanley R. Chesler as to HAI LIN, KAI XU, YONG-QING CHENG, Detention hearing held. (Court Reporter/ESR: court tape) Preliminary Hearing waived. Interpreter not Sworn. [ 2:01-m -3075 ] (me)
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Blank -- Filed: 5/14/2001, Entered: 5/15/2001 Waiver of Preliminary Examination or Hearing
Waiver of Preliminary Hearing by HAI LIN, KAI XU, YONG-QING CHENG [ 2:01-m -3075 ] (me) Modified on 06/11/2001
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Blank 2 Filed: 5/3/2001, Entered: 5/4/2001 Minutes-MiscellaneousCourt Filing
Minutes of 5/3/01 before Mag. Judge Stanley R. Chesler as to HAI LIN, KAI XU, YONG-QING CHENG, Bond set to DETENTION. for HAI LIN; Bond set to DETENTION. for KAI XU; Bond set to DETENTION. for YONG-QING CHENG. Interpreter Sworn.Detention Hearing scheduled for 5/8/01 (Court Reporter/ESR: COURT TAPE) [ 2:01-m -3075 ] (me)
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Blank -- Filed: 5/3/2001, Entered: 6/1/2001 Minutes-Miscellaneous
Minutes of 5/3/01 before Mag. Judge Stanley R. Chesler as to HAI LIN, KAI XU, YONG-QING CHENG, Initial Appearance held. (Defendant informed of rights.) (Clerk's Note: Entry made for computer purposes.) [ 2:01-m -3075 ] (th)
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Blank -- Filed: 5/3/2001, Entered: 5/4/2001 Temporary Commitment
TEMPORARY COMMITMENT as to HAI LIN, KAI XU, YONG-QING CHENG [ 2:01-m -3075 ] (me)
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Blank 1 Filed: 5/2/2001, Entered: 5/2/2001 Complaint
COMPLAINT as to HAI LIN, KAI XU, YONG-QING CHENG [ 2:01-m -3075 ] (me)
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Blank -- Filed: 5/2/2001, Entered: 5/2/2001 Warrant Issued
ARREST WARRANT issued as to HAI LIN, KAI XU, YONG-QING CHENG [ 2:01-m -3075 ] (me)
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