JOINT FACTUAL PROFFER STATEMENT as to Karl Degiacomi, Walter Schoepf

UNITED STATES OF AM ERICA

W ALTER SCHOEPF

and

KARLO DEGIACOMI,

Defendants.

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JOINT FACTUAL STATEM ENT

The undersigned parties agree that the information with reference to the fram ework of

federal laws and regulations applicable to this matter, and the personal information recited with

respect to the defendants and other pertinent parties, contained in paragraphs l through 13 of the

instant lndictm ent are correct and accurate statements of the applicable federal laws and factual

matters.

If this case were to proceed to trial, the United States and the defendants, Walter Schoepf

and Carlo Degiacomi, agree that by docum entary evidence and the testimony of witnesses, the

United States would establish the following:

1. Begirming in as early as June 30, 2008 and continuing through approximately

July 31, 2009, at M iami-Dade County, in the Southern District of Florida, and elsewhere, the

defendants herein failed to exzrcise due care in overseeing the activities of the lessors, UNITED

SEAFOOD IMPORTS, INC. (ççUNlTED”), and SEA FOOD CENTER, who were engaged in

making of false labels for, and false identification of any fish and wildlife, that is shrimp, having

a market value greater than $350, which fish and wildlife had been, and was intended to be

transported in interstate and foreign commerce to their snancial gain.

2. On about June 29, 2009, KARL DEGIACOM I, a/k/a CARLO

DEGIACOM I, accepted delivery of and signed a Bill of lading for 1250 cases of shrimp labeled

tiproduct of Thailand,” said shrimp having originated in Thailand and imported into the United

States of America for the benetk of UNITED SEAFOOD IMPORTS, INC. (UNlTED”).

On about June 29, 2009, KARL DEGIACOM I, a/k/a CARLO

DEGIACOM I, accepted delivery and signed a Bill of Lading for 15 cases of plastic bags used

for packaging shrimp, each plastic bag labeled ddproduct of Panama.”

4. On or about June 29, 2009, employees of CULINARY SPECIALTIES, INC.

acting on instructions from UNITED, repackaged and relabeled, at the

business address and facilities of CULINARY, 1,250 cases of shrimp labeled Ssproduct of

Thailand” into bags labeled “product of Panama”

On or about August 5, 2009, W ALTER SCHOEPF endorsed and received

proceeds from a check issued by UNITED, and made payable to CULINARY, for the

repackaging and re-labeling of 1,250 cases of shrimp labeled ”Product of Thailand” into bags

labeled ”Product of Panama,” by employees of CULINARY .

6. On or about August 5, 2009, W ALTER SCHOEPF, using the proceeds from the

aforesaid check issued by UNITED, in part, paid employees of CULINARY, for repackaging

and re-labeling of shrimp labeled tçproduct of Thailand” into bags labeled “product of Panama.”

7. The intended loss, pursuant to the Federal Sentencing Guidelines, was the

proceeds of said check in the amount of Five Thousand Tllree Hundred and Eightydollars ($5,380.00).

Conclusion

Based upon the foregoing, the United States respectfully submits that a reasonable jury

would find, beyond a reasonable doubt, that defendants W alter Schoepf and Carlo Degiacomi are

guilty beyond a reasonable doubt of the charge of Lacey Act-False Labeling, in violation of Title

16, United States Code, Sections 3372(d)(2) and 3373(d)(3)(B), as the lesser included

misdemeanor offense charged in Cotmt 2 of the lndictment pending against them .