h1

Shrimp Meister Sentencing

November 22, 2012

Dear Shrimp Meister Schoepf,

The court clerks (Miami, Florida US Southern District, Federal Court; phone number 305-523-5100) say you are a felon despite your allegations of misdemeanor convictions.  Accordingly, Felon-free Masonry extends an invitation for clarification:  Who/which is correct, you or the federal court clerks?  

Further, per allegations that Culinary Specialties-not you-received a felony conviction, please note that cars do not receive speeding tickets; drivers do.  

Again, feel free to untangle these webs at your convenience.

Still, you’ve much to be grateful for this Thanksgiving season, specifically number 9 of the Standard Conditions of Supervision which effectively precludes attendance at the Citrus Park Longhorn luncheons and the occasional “Hillsborough Lodge Past Masters Dinner” at Hank’s; both of which are graced by the presence of thrice convicted violent felon James Anderson “Jimmy” Foster. 

Lucky you.

Now, what to do Masonically; hmmm?

Sinshrimpcerely,

Felon-free Masonry

As noted below, Schoepf’s sentencing guidelines and probationary terms seemingly indicate felony convictions:

  • The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon.
  • The defendant shall cooperate in the collection of DNA as directed by the probation officer.

STANDARD CONDITIONS OF SUPERVISION

1. The defendant shall not leave the judicial district without the permission of the court or probation officer;

2. The defendant shall report to the probation officer in a manner and frequency directed by the court or probation officer;

3. The defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer;

4. The defendant shall support his or her dependents and meet other family responsibilities;

5. The defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other acceptable reasons;

6. The defendant shall notify the probation officer at least ten (10) days prior to any change in residence or employment;

7. The defendant shall refrain from the excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance or any

paraphernalia related to any controlled substances, except as prescribed by a physician;

8. The defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered;

9. The defendant shall not associate with any persons engaged in criminal activity and shall not associate with any person convicted of a felony, unless granted permission to do so by the probation officer;

10. The defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observed

in plain view by the probation officer;

11. The defendant shall notify the probation officer within forty-eight (48) hours of being arrested or questioned by a law enforcement officer;

12. The defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court; and

13. As directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant’s criminal record or personal

history or characteristics and shall permit the probation officer to make such notifications and to confirm the defendant’s compliance with such notification

requirement.

________________________________________________________________________________________________________________

TITLE/SECTION, NUMBER, NATURE OF OFFENSE OFFENSE ENDED COUNT

16 U.S.C. § 3372(d)(1),

3372(d)(2),

3373(d)(3)(A)(ii)

False Labeling of Seafood June 29, 2009 2

The defendant is sentenced as provided in the following pages of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984.

Count(s) remaining are dismissed on the motion of the United States.  It is ordered that the defendant must notify the United States attorney for this district

within 30 days of any change of name, residence, or mailing address until all fines, restitution, costs and special assessments imposed by this judgment are fully

paid.  If ordered to pay restitution, the defendant must notify the court and United States attorney of any material changes in economic circumstances.

Date of Imposition of Sentence:  November 19, 2012

______________________________________________________________________________________________________________

JUDGE JOAN A. LENARD

DEFENDANT

CULINARY SPECIALTIES, INC.

CASE NO. 12-20117-CR

Deputy Clerk P.Mitchell DATE November 19, 2012

Court Reporter Lisa Edwards USPO Tom Felasco

AUSA Norman Hemming Deft’s Counsel Brian Gonzalez

Interpreter: none Time 3:00pm- 3:15pm

COUNTS DISMISSED Remaining

Assessment $400

Fine $ 5,000 to be paid w/in 7 days to the Department of Commerce

h1

Glamourpuss

October 11, 2012

Though Felon-free Masonry does not have thrice convicted violent felon James Anderson “Jimmy” Foster’s mugshot, it does have his glamour shot.  That a grown man would willfully pose for such a picture is indeed intriguing but then again, perhaps two stints in prison alter one’s, ahem, mindset.

But anyway.

Brothers:  Don’t just stand there, let’s get to it, strike a pose, there’s nothing to it, tree trim.

h1

Culinary Specialties, Inc., Walter Schoepf, and Karl Degiacomi Plead Guilty to Falsely Labeling Shrimp

September 24, 2012

http://www.nmfs.noaa.gov/ole/news/2012/08/23_dojculinaryspecialties.htm

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Otha Easley, Acting Special Agent in Charge, National Oceanic and Atmospheric Administration (NOAA) Office of Law Enforcement (OLE), Southeast Division, announced that Walter Schoepf, 60, and Karl Degiacomi, 69, pled guilty yesterday to the offense of Lacey Act-False Labeling, in violation of Title 16, United States Code, Sections 3372(d)(2) and 3373(d)(3)(B). Also, Culinary Specialties, Inc., of Tampa, Florida, pled guilty yesterday to conspiracy to commit violations of the Lacey Act and Food Drug and Cosmetics Act (FDCA), in violation of Title 18, United States Code, Section 371.

According to the allegations of the charging instrument, Schoepf and Degiacomi, who are principals, and owners of Culinary, in concert with Florida residents, Richard Stowell, United Seafood, Inc., Adrian Vela, and Sea Food Center, conspired to violate the Lacey Act by mislabeling and selling approximately five hundred thousand pounds of shrimp. The shrimp, valued in excess of $400,000, was ultimately sold to supermarkets in the northeastern United States. Stowell and United pled guilty and were sentenced for their role in the conspiracy on April 27, 2011, before U.S. District Judge Ursula Ungaro. Vela and Sea Food Center pled guilty and were sentenced for their role in the conspiracy on November 21, 2011, by U.S. District Judge Joan A. Lenard.

The mislabeling of foods such as fish and shrimp is prohibited by the federal Lacey Act, 16 U.S.C. §§ 3372(d)(1) and 3372(d)(2), and the FDCA, 21 U.S.C. § 331. The Lacey Act, in pertinent part, makes it unlawful for a person to falsely identify any fish that has been, or is intended to be, imported, sold, purchased, or received from any foreign country or transported in interstate or foreign commerce. The FDCA, in pertinent part, prohibits the alteration or removal of the whole or any part of the labeling of food, if such act is done while such article is held for sale after shipment in interstate commerce. Sentencing for Schoepf, Degiacomi, and Culinary is scheduled for November 19, 2012 before U.S. District Judge Joan A. Lenard.

Mr. Ferrer commended the investigative efforts of NOAA-OLE. This case is being prosecuted by Assistant U.S. Attorney Norman O. Hemming, III.

A copy of this press release may be found on the website of the United States
Attorney’s Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and
information may be found on the website of the District Court for the Southern
District of Florida at http://www.flsd.uscourts.gov or onhttp://pacer.flsd.uscourts.gov.

h1

August 31, 2012
h1

An Open Invitation to Clarification

August 28, 2012

The dilemma is this:  Shrimp Meister Schoepf allegedly claims misdemeanor convictions.  However, two calls to the federal court in Miami (ph. 305-523-5100, ask for a docketing clerk) report felony convictions.  Shrimpy, kindly clarify, who is correct:  You or the United States federal court?  As much as Felon-free Masonry has enjoyed your recent legal foibles, it does not wish to call you a felon if indeed, you are not.  However, calling Jimmy Foster a felon; that’ll happen all day, every day.

h1

Memorandum to the Meister

August 26, 2012

Dear Shrimp Meister Schoepf,

Felon-free Masonry hopes you enjoyed those years spent twisting the screws because look who’s screwed now.  It’s not quite as much fun when your life and livelihood are called into question, agree?  And all those concerns about social standing, white hats, and Grand Lodge appointments; how’s that working out for you these days?

Oh, and Bustin:  Still laughing? Good, so are we.

So, will you resign and accept relegation to the fringe (sorry Willie, pun not intended) with felon Foster to pithily plot the demise of those who’ve no discernable concern for you?  Will you start a new leper lodge with a Past Masters and Present Felons Association?  Perhaps you could meet at Hank’s for food, fun, and felonious fellowship.

Yes, you’re now a joke (hey, that almost spells Joe K.) who must reap what he’s mislabeled sown.

Congratulations, Schoepf, you’ve done what many thought was impossible:  You out-f’d felon Foster.  Though his crimes were violent and preclude restoration of civil rights, YOU. WENT. FEDERAL.  Yep, the big time.

Wow.

Gee, when you screw up, you screw up big.

And just so you know:  It’d be easier to care had you not burned virtually every bridge you’ve built.  Instead, enjoy your hard knock life; you’ve earned it.

Sincerely,

Felon-free Masonry

h1

Schoepf plea agreement (mislabeling charge)

August 26, 2012

PLEA AGREEMENT

The United States of America and W ALTER SCHOEPF (hereinaûer referred to as the defendant) enter into the following agreement:

The defendant agrees to plead guilty to the lesser included offense contained in Count 2 of the Indictment, which cotmt charges the defendant with Lacey Act-

False Labeling, in violation of Title 16, United States Code, Sections 3372(d)(2) and 3373(d)(3)(B).

2. The United States will seek dismissal of Counts 1 and 3 the lndictment, as to this defendant, at sentencing.

3. The defendant is aware that the sentence will be imposed by the court after considedng the Federal Sentencing Guidelines and Policy Statements (hereinafter

sentencing Guidelines).  Defendant acknowledges and understands that the court will compute an advisory sentence under the Sentencing Guidelines and that

the applicable guidelines will be dètermined by the court relying in part on the results of a Pre-sentence Investigation by the court’s probation office, which

investigation will commence after the gtlilty plea has been entered. Defendant is also aware that, under certain circumstances, the court may depart from the

advisory sentencing guideline range that it has computed, and m ay raise or lower that advisory sentence under the Sentencing Guidelines.  Defendant is further

aware and understands that the court is required to consider the advisory guideline range detennined under the Sentencing Guidelines, but is not bound to

impose that sentence; the court is permitted to tailor the ultimate sentence in light of other statm ory concerns, and such sentence maybe eithermore severe or

less severe than the Sentencing Guidelines’ advisory sentence. Knowing these facts, defendant understands and acknowledges that the court has the authority to

impose any sentence within and up to the statutory maximum authorized by law for the offenses identified in paragraph 1 and that defendant may not withdraw

his plea solely as a result of the sentence imposed.

4. Defendant also understands and acknowledges that the court may impose a statutory maximum term of imprisonment of up to one (1) year, followed by a term

of supervised release of up to one (1) year on Cotmt 2. ln addition to a term of imprisonment and supezvised release, the court mayimpose a fine of up to $10,000,

or based onthe pecuniary loss or gain, twice the gross gain or twice the poss loss, pttrsuant to Title 18, United States Code, Section 3571(d), and may order

restitution pursuant to Title 18 U.S.C. j 3663A.

5. Defendant further understands and acknowledges that, in addition to any sentence imposed in paragraph three (3) of this agreement a special assessment in

the amount of $25, per count of conviction, will be imposed on defendant for a total of $25.00. Defendant agrees that the special assessment imposed shall be

paid at the time of sentencing.

6. The Office of the United States Attorney for the Southem Distlict of Florida (hereinafter the office) reserves the right to inform the court and the probation

office of all facts pertinent to the sentencing process, including al1 relevant information concerning the offenses committed, whether charged or not, as well as

conceming the defendant’s background. Subject only to the express terms of any agreed-upon sentencing recommendations contained in this agreement, this

Office further reserves the right to make any recommendation as to the quality and quantity of punishment.

7. The United States further agrees to recommend that defendant be sentenced at the low end of the guideline range, as that range is detennined by the court. The

United States, however, will not be required to make this motion and this recommendation if the defendant: (1) fails or refuses to make a 111, accurate and

complete disclosure to the probation office of the circumstances surrounding the relevant offense conduct; (2) is found to have misrepresented facts to the

government prior to entering into this plea agreement; or (3) commits any misconduct after entering into this plea agreement, including but not limited to

committing a state or federal offense, violating any term of release, or making false statements or m isrepresentations to any governmental entity or official.

8. Defendant agrees that he shall cooperate fully with this Office by:

(a) providing truthful and complete information and testimony, and producing documents, records and other evidence, when called upon by this Office, whether

in interviews, before a grand jury, or at any trial or other court proceeding;

(b) appearing at such grandjuryproceedings, hearings, trials, and otherjudicial proceedings, and at meetings, as may be required by this Office; and

(c) if requested by this Office, worldng in an undercover role to identify, contact, and negotiate with unindicted co-conspirators, known and unknown to the

United States Attorney, who are suspected and believed to be involved in criminal misconduct under the supervision of and in compliance with, 1aw enforcement

officers and agents.

9. This Office reserves the right to evaluate the nature and extent of the defendant’s cooperation and to make defendant’s cooperation, or lack thereof, known to

the court at the time of sentencing. lf in the sole and unreviewable judgment of this Office defendant’s cooperation is of such quality and significance to the

investigation or prosecution of other criminal matters as to warrant the court’s downward departure from the advisory sentence calculated under the Sentencing

Guidelines, this Office may at or before sentencing make a motion consistent with the intent of Section 5K1. 1 of the Sentencing Guidelines prior to sentencing, or

Rule 35 of the Federal Rules of Criminal Procedure subsequent to sentencing, reflecting that defendant has provided substantial assistance and recomm ending

that defendant’s sentence be reduced from the advisory sentence suggestedbythe SentencingGuidelines. Defendant acknowledges and agrees,however,

and nothing in this Agreement may be construed to require this Office to file any such motions) and that this Office’s assessment ofthe nature, value, truthfulness,

completeness, andaccuracyof his cooperation shall be binding insofar as the appropriateness of this Office’s sling of any such motion is concerned.

10. Defendant is aware that Title 18, United States Code, Section 3742 normally affords the defendant the right to appeal the sentence imposed in this case.

Acknowledging this, in exchange for the undertakings made by the United States in this plea agreement, defendant hereby waives all rights conferred by Section

3742 to appeal any sentence imposed, including any restitution order, or to appeal the manner in which the sentence was imposed, unless the sentence exceeds

the maximum permitted by statute or is the result of an upward departure and/or a variance from the guideline range that the court establishes at sentencing.

Defendant further understands that nothing in this agreement shall affect the government’s tight and/or duty to appeal as set forth in Title 18, United States

Code, Section 3742(b). However, if the United States appeals the defendant’s sentence pursuant to Section 3742(b), defendant shall be released from the above

waiver of appellate rights.  By signing this agreement, defendant acknowledges he has discussed the appeal waiver set forth in this agreement with his attorney.

Defendant further agrees, together with the United States, to request that the district court enter a specific finding that the defendant’s waiver of his right to

appeal the sentence to be imposed in this case was knowing and voluntary.  Defendant is aware that the sentence has not yet been detennined by the court.

Defendant also is aware that any estim ate of the probable sentencing range or sentence that defendant may receive, whether that estimate comes from the

defendant’s attorney, the govemment, or the probation office, is a prediction, not a promise, and is not binding on the government, the probation office, or the

court. Defendant lmderstands further that any recommendation that the government makes to the court as to sentencing, whether pursuant to this agreement or

otherwise, is not binding on the court and the court may disregard the recommendation in its entirety.  Defendant understands and acknowledges, as previously

acknowledged in paragraph 3 above, that the defendant may not withdraw his plea based upon the court’s decision not to accept a sentencing recommendation

made by the defendant, the government, or a recommendation made jointly by both the defendant and the government.

12. This is the entire agreement and tmderstanding between the United States and the defendant. There are no other av eem ents, promises, representations, or

understandings.

Respectfully submitted,

WIFREDO A . FERRER

UNITED STATES ATTORNEY