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					                 IN THE UNITED STATES DISTRICT COURT FOR THE
                         WESTERN DISTRICT OF MISSOURI
                              WESTERN DIVISION


UNITED STATES OF AMERICA,          )   No.
                                   )
                   Plaintiff,      )   COUNT ONE: All Defendants
                                   )   18 U.S.C. § 371
            v.                     )   (Conspiracy to Commit Mail Fraud)
                                   )
RICK D. ANSTINE, (1)               )   For Defendants 1, 2 and 3
[DOB: XX/XX/1958],                 )   NMT: Five Years Imprisonment;
                                   )   NMT: $250,000 Fine;
KIM HUE HUYNH, (2)                 )   NMT: Three Years Supervised Release;
[DOB: XX/XX/1957],                 )   Class D Felony
                                   )
NHAN PHU “JOHN” PHAM, (3)          )   For Defendants 4 and 5
[DOB: XX/XX/1959],                 )   NMT: $500,000 Fine;
                                   )   NMT: Five Years Probation
ANSTINE ENTERPRISES, INC.,         )
d/b/a KINGSVILLE HOG MARKET, (4)   )   COUNT TWO: All Defendants
                                   )   18 U.S.C. § 371
and                                )   (Conspiracy to Violate the Federal Meat
                                   )   Inspection Act)
QUEENS MARKET, LLC, (5)            )
                                   )   For Defendants 1, 2, and 3
                   Defendants.     )   NMT: Five Years Imprisonment;
                                       NMT: $250,000 Fine;
                                       NMT: Three Years Supervised Release;
                                       Class D Felony

                                       For Defendants 4 and 5
                                       NMT: $500,000 Fine;
                                       NMT: Five Years Probation
    COUNTS THREE through FIFTEEN:
    Defendants 1 and 4
    18 U.S.C. §§ 1341 and 2
    (Aiding and Abetting in Mail Fraud)

    For Defendant 1
    NMT: Five Years Imprisonment;
    NMT: $250,000 Fine;
    NMT: Three Years Supervised Release;
    Class D Felony

    For Defendant 4
    NMT: $500,000 Fine;
    NMT: Five Years Probation

    COUNTS SIXTEEN and SEVENTEEN:
    Defendants 2, 3 and 5
    18 U.S.C. §§ 1341 and 2
    (Aiding and Abetting in Mail Fraud)

    For Defendants 2 and 3
    NMT: Five Years Imprisonment;
    NMT: $250,000 Fine;
    NMT: Three Years Supervised Release;
    Class D Felony

    For Defendant 5
    NMT: $500,000 Fine;
    NMT: Five Years Probation

    COUNT EIGHTEEN: All Defendants
    21 U.S.C. § 610(c) and 18 U.S.C. § 2
    (Aiding and Abetting the Distribution of
    Adulterated Food)

    For Defendants 1, 2 and 3
    NMT: Three Years Imprisonment;
    NMT: $10,000 Fine;
    NMT: One Year Supervised Release;
    Class E Felony

    For Defendants 4 and 5
    NMT: $500,000 Fine;
    NMT: Five Years Probation




2
    COUNT NINETEEN:
    Defendants 2, 3, and 5
    21 U.S.C. § 610(d) and 18 U.S.C. § 2
    (Aiding and Abetting the Misbranding of
    Food)

    For Defendants 2 and 3
    NMT: Three Years Imprisonment;
    NMT: $10,000 Fine;
    NMT: One Year Supervised Release;
    Class E Felony

    For Defendant 5
    NMT: $500,000 Fine;
    NMT: Five Years Probation

    COUNT TWENTY: All Defendants
    21 U.S.C. § 610(c) and 18 U.S.C. § 2
    (Aiding and Abetting the Offering for Sale of
    Uninspected Food)

    For Defendants 1, 2, and 3
    NMT: Three Years Imprisonment;
    NMT: $10,000 Fine;
    NMT: One Year Supervised Release;
    Class E Felony

    For Defendants 4 and 5
    NMT: $500,000 Fine;
    NMT: Five Years Probation

    COUNT TWENTY-ONE:
    Defendants 2, 3, and 5
    21 U.S.C. § 610(d) and 18 U.S.C. § 2
    (Aiding and Abetting the Misbranding of
    Food)

    For Defendants 2 and 3
    NMT: Three Years Imprisonment;
    NMT: $10,000 Fine;
    NMT: One Year Supervised Release;
    Class E Felony

    For Defendant 5
    NMT: $500,000 Fine;
    NMT: Five Years Probation



3
                                        COUNT TWENTY-TWO:
                                        Defendants 2, 3, and 5
                                        21 U.S.C. § 641 and 18 U.S.C. § 2
                                        (Aiding and Abetting the Offering for Sale of
                                        Inedible Food)

                                        For Defendants 2 and 3
                                        NMT: Three Years Imprisonment;
                                        NMT: $10,000 Fine;
                                        NMT: One Year Supervised Release;
                                        Class E Felony

                                        For Defendant 5
                                        NMT: $500,000 Fine;
                                        NMT: Five Years Probation

                                        $100 Special Assessment on Each Count



Summary of Charges:

 DEFENDANT                               COUNTS
 RICK D. ANSTINE, (1)                    1 - 15, 18, and 20
 KIM HUE HUYNH, (2)                      1, 2, and 16 - 22
 NHAN PHU “JOHN” PHAM, (3)               1, 2, and 16 - 22
 ANSTINE ENTERPRISES, INC.,              1 - 15, 18, and 20
 d/b/a KINGSVILLE HOG MARKET, (4)
 QUEENS MARKET, LLC, (5)                 1, 2, and 16 - 22




                                    4
                                       INDICTMENT

        THE GRAND JURY CHARGES THAT:

                                          COUNT ONE
                                (Conspiracy to Commit Mail Fraud)

                                          I. Background

A.      The Federal Meat Inspection Act

        At all times material to this indictment:

        1. The Federal Meat Inspection Act (FMIA) was enacted by Congress to protect the

health and welfare of the public by assuring that meat and meat food products distributed to

consumers are wholesome, non-adulterated, and properly marked, labeled and packaged.

        2. In order to facilitate the purpose of FMIA, the Food Safety and Inspection Service for

the United States Department of Agriculture conducts inspections of meat and meat food

products and facilities processing or distributing meat and meat food products, affecting

commerce.

        3. Specifically, FMIA provides for criminal penalties regarding persons or entities which

sell, transport, or offer for sale or transportation adulterated or misbranded meat or meat food

products.

        4. Additionally, persons or entities which cause meat and meat food products to become

adulterated while being transported in commerce or held for sale after transportation violate

FMIA.

        5. In this regard, meat or a meat food product becomes adulterated if it is filthy or

otherwise unsound, unhealthful, unwholesome, or unfit for human consumption.

        6. Pursuant to FMIA, misbranding of meat or meat food products occurs if the labeling is

false or misleading in any particular manner.

                                                    5
       7. Moreover, FMIA prohibits the uninspected sale, transportation, or offering for sale in

commerce of any meat or meat food product required to be inspected by the United States

Department of Agriculture (USDA).

       8. In this regard, all meat or meat food products offered for sale in commerce to the

public, and not merely for personal consumption prior to retail sale in commerce to the public,

must be inspected by the USDA.

       9. As defined by FMIA, meat includes any cattle, sheep, swine, goats, or equines and

meat products are listed as any product capable of use as human food which is made wholly or in

part from any meat or other portion of the carcass of any cattle, sheep, swine, goats, or equines.

B.     Defendants

       10. At all times relevant to this indictment, ANSTINE ENTERPRISES, INC. d/b/a

KINGSVILLE HOG MARKET was a corporation organized on or about March 4, 1991, in the

State of Missouri, with its principal place of business at P.O. Box 127, Kingsville, Missouri.

       11. At all times relevant to this indictment, ANSTINE ENTERPRISES, INC. d/b/a

KINGSVILLE HOG MARKET operated as a livestock marketing company in the business of

purchasing, raising, and ultimately selling cattle, sheep, swine, goats, and equines (i.e. horses) at

public auctions and otherwise to retail food stores.

       12. At all times relevant to this indictment, RICK D. ANSTINE was the president,

general manager, and an owner of ANSTINE ENTERPRISES, INC. d/b/a KINGSVILLE HOG

MARKET.

       13. At all times relevant to this indictment, QUEENS MARKET, LLC was a limited

liability company organized on or about October 16, 2001, in the State of Missouri, with its

principal place of business at 1447 Independence Avenue, Kansas City, Missouri.


                                                  6
       14. At all times relevant to this indictment, QUEENS MARKET, LLC operated as a full

service grocery store specializing in the retail sale of food products to the Vietnamese community

and others.

       15. At all times relevant to this indictment, NHAN PHU “JOHN” PHAM was initially

the registered agent for QUEENS MARKET, LLC. Additionally, PHAM was an owner and was

subsequently listed as president of QUEENS MARKET, LLC.

       16. At all times relevant to this indictment, KIM HUE HUYNH was an owner and

president of QUEENS MARKET, LLC. Subsequently, HUYNH was listed as the registered

agent and manager of QUEENS MARKET, LLC.

C.     Meat Processing Facilities

       17. At all times relevant to this indictment, Winter Meat Processing Company, Inc. was a

USDA-inspected slaughter facility organized in the State of Missouri, with its principal place of

business at 110 North Twelfth Street, Blue Springs, Missouri.

       18. At all times relevant to this indictment, Winter Meat Processing Company, Inc.

operated as a hog and cattle slaughterhouse which prepared USDA-inspected meat and meat food

products for retail sale to the public through QUEENS MARKET, LLC and other outlets.

       19. At all times relevant to this indictment, unindicted co-conspirator “A” was a non-

USDA-inspected slaughter facility organized in the State of Missouri, with its principal place of

business in Missouri.

       20. At all times relevant to this indictment, unindicted co-conspirator “A” operated as a

non-USDA-inspected custom meat butcher which processed meat and meat food products for

personal consumption and not for retail sale in commerce to the public with the fraudulent

exception of QUEENS MARKET, LLC.


                                                7
                                      II. The Conspiracy

       21. Beginning on or about November 29, 2002, and continuing through March 6, 2003,

both dates being approximate, in the Western District of Missouri, RICK D. ANSTINE, KIM

HUE HUYNH, NHAN PHU “JOHN” PHAM, ANSTINE ENTERPRISES, INC. d/b/a

KINGSVILLE HOG MARKET, and QUEENS MARKET, LLC, defendants herein, did

knowingly and intentionally combine, conspire, confederate, and agree with each other and other

persons, both known and unknown to the Grand Jury, to commit offenses against the United

States, that is, to devise a scheme and artifice to defraud retail customers of defendant QUEENS

MARKET, LLC, by means of false and fraudulent pretenses, representations, and promises, to

wit: (1) that swine and associated meat and meat food products supplied by defendants

ANSTINE and ANSTINE ENTERPRISES, INC. d/b/a KINGSVILLE HOG MARKET, and

offered for sale to the public in commerce by defendant QUEENS MARKET, LLC, were

wholesome, non-adulterated, sound, healthful, and fit for human consumption, when in fact, the

swine and associated meat and meat food products were filthy, unwholesome, adulterated,

unsound, unhealthful, and unfit for human consumption; and (2) that the swine and associated

meat and meat food products supplied by defendants ANSTINE and ANSTINE

ENTERPRISES, INC. d/b/a KINGSVILLE HOG MARKET, and offered for sale by defendant

QUEENS MARKET, LLC, to the public in commerce, were inspected and had passed inspection

when in fact, the swine and associated meat and meat food products were not inspected and had

not passed inspection.

       22. As part of executing the scheme and artifice to defraud, the defendants used and

caused to be used the United States Postal Service to send, deliver, and receive various matters or

things, contrary to the provisions of 18 U.S.C. §1341.


                                                8
A.     Object of the Scheme and Artifice to Defraud

       23. The object of the scheme and artifice to defraud was for defendants ANSTINE and

ANSTINE ENTERPRISES, INC. d/b/a KINGSVILLE HOG MARKET, to offer for sale and sell

emaciated, infected, diseased, and ultimately adulterated, unsound, unhealthful, and

unwholesome swine and associated meat and meat food products unfit for human consumption to

defendant QUEENS MARKET, LLC, for subsequent retail sale to the public in commerce.

       24. It was further the object of the scheme and artifice to defraud that defendants

HUYNH, PHAM, and QUEENS MARKET, LLC, offered for sale and distributed to the public

in commerce, swine and associated meat and meat food products purchased from defendants

ANSTINE and ANSTINE ENTERPRISES, INC. d/b/a KINGSVILLE HOG MARKET, which

were filthy, adulterated, unsound, unhealthful, unwholesome, and unfit for human consumption.

       25. It was further the object of the scheme and artifice to defraud that defendants

ANSTINE, HUYNH, PHAM, ANSTINE ENTERPRISES, INC. d/b/a KINGSVILLE HOG

MARKET, and QUEENS MARKET, LLC, sold and distributed non-USDA-inspected swine and

associated meat and meat food products to the public in commerce which were required to be

USDA-inspected, contrary to the provisions of FMIA.

B.     Manner and Means of the Conspiracy

       26. It was part of the conspiracy that defendants ANSTINE and ANSTINE

ENTERPRISES, INC. d/b/a KINGSVILLE HOG MARKET, utilized Winter Meat Processing

Company, Inc., a USDA-inspected facility, to process healthful swine fit for human consumption

for retail sale to the public through defendants HUYNH, PHAM, and QUEENS MARKET, LLC.

       27. It was further part of the conspiracy that defendants ANSTINE and ANSTINE

ENTERPRISES, INC. d/b/a KINGSVILLE HOG MARKET, utilized unindicted co-


                                                9
conspirator “A,” a non-USDA-inspected facility to process unhealthful, adulterated, unsound,

and unwholesome swine unfit for human consumption for retail sale to the public through

defendants HUYNH, PHAM, and QUEENS MARKET, LLC.

       28. It was further part of the conspiracy that defendants HUYNH, PHAM, and QUEENS

MARKET, LLC, falsely and fraudulently mislabeled non-inspected swine and associated meat

and meat food products which were adulterated, filthy, unsound, unhealthful, unwholesome, and

unfit for human consumption, as having been inspected and having passed inspection, contrary to

the provisions of FMIA.

       29. It was further part of the conspiracy that defendants HUYNH, PHAM, and QUEENS

MARKET, LLC, received non-USDA-inspected swine and associated meat and meat food

products from unindicted co-conspirator “A” marked “Not for Sale.”

       30. It was further part of the conspiracy that defendants HUYNH, PHAM, and QUEENS

MARKET, LLC, disregarded the aforementioned “Not for Sale” markings and distributed non-

USDA-inspected, unsound, filthy, adulterated, unhealthful, and unwholesome swine and

associated meat and meat food products that were unfit for human consumption to the public in

commerce.

       31. It was further part of the conspiracy that unindicted co-conspirator “A,” a non-

USDA-inspected facility, initially properly invoiced defendant QUEENS MARKET, LLC, as the

customer for the swine processed from defendants ANSTINE and ANSTINE

ENTERPRISES, INC. d/b/a KINGSVILLE HOG MARKET, from November 29, 2002, until

January 7, 2003. Thereafter, from January 10 through March 5, 2003, unindicted co-

conspirator “A” falsely and fraudulently invoiced defendant ANSTINE as the customer for the

processed swine distributed to defendant QUEENS MARKET, LLC.


                                               10
       32. It was further part of the conspiracy that defendants HUYNH, PHAM, and QUEENS

MARKET, LLC, falsely and fraudulently mislabeled non-inspected swine and associated

inedible pork lungs as pork livers and falsely and fraudulently labeled the non-inspected swine

and associated pork lungs as having been inspected and having passed inspection.

                                         III. Overt Acts

        In furtherance of the conspiracy and in order to affect its objects, the following overt acts

were committed in the Western District of Missouri.

       33. Beginning on or about December 26, 2001, defendants HUYNH, PHAM, and

QUEENS MARKET, LLC, agreed to purchase swine from defendants ANSTINE and ANSTINE

ENTERPRISES, INC. d/b/a KINGSVILLE HOG MARKET, to be processed by Winter Meat

Processing Company, Inc., a USDA-inspected facility.

       34. On or about November 29, 2002, defendants HUYNH, PHAM, and QUEENS

MARKET, LLC, agreed to purchase swine from defendants ANSTINE and ANSTINE

ENTERPRISES, INC. d/b/a KINGSVILLE HOG MARKET, to be processed by unindicted co-

conspirator “A,” a non-USDA-inspected facility.

       35. On or about November 29, 2002, defendants ANSTINE and ANSTINE

ENTERPRISES, INC. d/b/a KINGSVILLE HOG MARKET, mailed Invoice No. 50413, in the

amount of $189.00, to defendants HUYNH, PHAM, and QUEENS MARKET, LLC, regarding

the sale of swine processed by unindicted co-conspirator “A,” a non-USDA-inspected facility.

       36. On or about December 4, 2002, defendants ANSTINE and ANSTINE

ENTERPRISES, INC. d/b/a KINGSVILLE HOG MARKET, mailed Invoice No. 50414, in the

amount of $231.84, to defendants HUYNH, PHAM, and QUEENS MARKET, LLC, regarding

the sale of swine processed by unindicted co-conspirator “A,” a non-USDA-inspected facility.


                                                 11
       37. On or about December 10, 2002, defendants ANSTINE and ANSTINE

ENTERPRISES, INC. d/b/a KINGSVILLE HOG MARKET, mailed Invoice No. 50415, in the

amount of $295.75, to defendants HUYNH, PHAM, and QUEENS MARKET, LLC, regarding

the sale of swine processed by unindicted co-conspirator “A,” a non-USDA-inspected facility.

       38. On or about December 20, 2002, defendants ANSTINE and ANSTINE

ENTERPRISES, INC. d/b/a KINGSVILLE HOG MARKET, mailed Invoice No. 50416, in the

amount of $288.75, to defendants HUYNH, PHAM, and QUEENS MARKET, LLC, regarding

the sale of swine processed by unindicted co-conspirator “A,” a non-USDA-inspected facility.

       39. On or about December 28, 2002, defendants ANSTINE and ANSTINE

ENTERPRISES, INC. d/b/a KINGSVILLE HOG MARKET, mailed Invoice No. 50417, in the

amount of $302.75, to defendants HUYNH, PHAM, and QUEENS MARKET, LLC, regarding

the sale of swine processed by unindicted co-conspirator “A,” a non-USDA-inspected facility.

       40. On or about January 2, 2003, defendants ANSTINE and ANSTINE

ENTERPRISES, INC. d/b/a KINGSVILLE HOG MARKET, mailed Invoice No. 50418, in the

amount of $486.50, to defendants HUYNH, PHAM, and QUEENS MARKET, LLC, regarding

the sale of swine processed by unindicted co-conspirator “A,” a non-USDA-inspected facility.

       41. On or about January 11, 2003, defendants ANSTINE and ANSTINE

ENTERPRISES, INC. d/b/a KINGSVILLE HOG MARKET, mailed Invoice No. 50419, in the

amount of $549.50, to defendants HUYNH, PHAM, and QUEENS MARKET, LLC, regarding

the sale of swine processed by unindicted co-conspirator “A,” a non-USDA-inspected facility.

       42. On or about January 17, 2003, defendants ANSTINE and ANSTINE

ENTERPRISES, INC. d/b/a KINGSVILLE HOG MARKET, mailed Invoice No. 50420, in the

amount of $446.25, to defendants HUYNH, PHAM, and QUEENS MARKET, LLC, regarding


                                              12
the sale of swine processed by unindicted co-conspirator “A,” a non-USDA-inspected facility,

and the sale of swine to be processed on January 29, 2003, by Winter Meat Processing, Inc., a

USDA-inspected facility .

        43. On or about February 5, 2003, defendants ANSTINE and ANSTINE

ENTERPRISES, INC. d/b/a KINGSVILLE HOG MARKET, mailed Invoice No. 50422, in the

amount of $1491.00, to defendants HUYNH, PHAM, and QUEENS MARKET, LLC, regarding

the sale of swine processed by unindicted co-conspirator “A,” a non-USDA-inspected facility.

        44. On or about February 11, 2003, defendants ANSTINE and ANSTINE

ENTERPRISES, INC. d/b/a KINGSVILLE HOG MARKET, mailed Invoice No. 50423, in the

amount of $168.00, to defendants HUYNH, PHAM, and QUEENS MARKET, LLC, regarding

the sale of swine processed by unindicted co-conspirator “A,” a non-USDA-inspected facility.

        45. On or about February 18, 2003, defendants ANSTINE and ANSTINE

ENTERPRISES, INC. d/b/a KINGSVILLE HOG MARKET, mailed Invoice No. 50424, in the

amount of $173.25, to defendants HUYNH, PHAM, and QUEENS MARKET, LLC, regarding

the sale of swine processed by unindicted co-conspirator “A,” a non-USDA-inspected facility.

        46. On or about February 25, 2003, defendants ANSTINE and ANSTINE

ENTERPRISES, INC. d/b/a KINGSVILLE HOG MARKET, mailed Invoice No. 50425, in the

amount of $155.75, to defendants HUYNH, PHAM, and QUEENS MARKET, LLC, regarding

the sale of swine processed by unindicted co-conspirator “A,” a non-USDA-inspected facility,

and the sale of swine to be processed by Winter Meat Processing, Inc., a USDA-inspected

facility.

        47. On or about March 4, 2003, defendants ANSTINE and ANSTINE

ENTERPRISES, INC. d/b/a KINGSVILLE HOG MARKET, mailed Invoice No. 50426, in the


                                               13
amount of $168.00, to defendants HUYNH, PHAM, and QUEENS MARKET, LLC, regarding

the sale of swine processed by unindicted co-conspirator “A,” a non-USDA-inspected facility.

       48. On or about January 22, 2003, defendants HUYNH, PHAM, and QUEENS

MARKET, LLC, mailed Check No. 2699, in the amount of $2,000.00, payable to defendants

ANSTINE and ANSTINE ENTERPRISES, INC. d/b/a KINGSVILLE HOG MARKET, as

payment for swine processed by unindicted co-conspirator “A,” a non-USDA-inspected facility.

       49. On or about February 7, 2003, defendants HUYNH, PHAM, and QUEENS

MARKET, LLC, mailed Check No. 2789, in the amount of $1,000.00, payable to defendants

ANSTINE and ANSTINE ENTERPRISES, INC. d/b/a KINGSVILLE HOG MARKET, as

payment for swine processed by unindicted co-conspirator “A,” a non-USDA-inspected facility,

and for swine processed by Winter Meat Processing, Inc., a USDA-inspected facility.

       50. Included in the overt acts committed by defendants and incorporated by reference

herein are the substantive criminal offenses in this indictment which are designated Counts Three

through Counts Twenty-Two.

       All in violation of Title 18, United States Code, Section 371.

                                       COUNT TWO
                    (Conspiracy to Violate the Federal Meat Inspection Act)

       1. The Grand Jury realleges and incorporates by reference, the allegations contained in

paragraphs one through fifty of this indictment.

       2. Beginning on or about November 29, 2002, and continuing through March 6, 2003,

both dates being approximate, in the Western District of Missouri, RICK D. ANSTINE, KIM

HUE HUYNH, NHAN PHU “JOHN” PHAM, ANSTINE ENTERPRISES, INC. d/b/a

KINGSVILLE HOG MARKET, and QUEENS MARKET, LLC, defendants herein, did

knowingly and intentionally combine, conspire, confederate, and agree with each other and other

                                                   14
persons, both known and unknown to the Grand Jury, to commit offenses against the United

States, that is, to offer for sale and sell and distribute to the public and to retail customers of

defendant QUEENS MARKET, LLC, in commerce, adulterated, unsound, unhealthful, and

unwholesome swine and associated meat and meat food products unfit for human consumption,

and to offer for sale, sell, and distribute in commerce to the public and to retail customers of

defendant QUEENS MARKET, LLC, non-USDA-inspected swine and associated meat and meat

food products capable of use as human food and required to be inspected by the USDA, contrary

to the provisions of 21 U.S.C. § 610(c).

        All in violation of Title 18, United States Code, Section 371.

                              COUNTS THREE through FIFTEEN
                               (Aiding and Abetting in Mail Fraud)

        1. The Grand Jury realleges and incorporates by reference, the allegations contained in

paragraphs one through fifty of this indictment.

        2. Beginning on or about November 29, 2002, and continuing through March 6, 2003,

both dates being approximate, in the Western District of Missouri, RICK D. ANSTINE and

ANSTINE ENTERPRISES, INC. d/b/a KINGSVILLE HOG MARKET, defendants herein,

aiding and abetting each other, devised a scheme or artifice to defraud retail customers of

QUEENS MARKET, LLC, by means of false and fraudulent representations and pretenses, to

wit: (1) that swine and associated meat and meat food products supplied by defendants

ANSTINE and ANSTINE ENTERPRISES, INC. d/b/a KINGSVILLE HOG MARKET, and

offered for sale to the public in commerce by QUEENS MARKET, LLC, were wholesome, non-

adulterated, sound, healthful, and fit for human consumption, when in fact, the swine and

associated meat and meat food products were unwholesome, adulterated, unsound, unhealthful,

and unfit for human consumption; and (2) that the swine and associated meat and meat food

                                                   15
products supplied by defendants ANSTINE and ANSTINE ENTERPRISES, INC. d/b/a

KINGSVILLE HOG MARKET, and offered for sale to the public in commerce by QUEENS

MARKET, LLC, were USDA-inspected when in fact, the swine and associated meat and meat

food products were not USDA-inspected, and during the course of this scheme for the purpose of

executing this scheme, defendants ANSTINE and ANSTINE ENTERPRISES, INC. d/b/a

KINGSVILLE HOG MARKET, did knowingly place and cause to be placed in an authorized

depository for mail matter, various invoices on or about the following dates to be sent and

delivered by the United States Postal Service, each such mailing constituting a separate count of

this indictment.

 COUNT        DATE                   DESCRIPTION OF MAILING
 Three        November 29, 2002      Envelope containing Invoice No. 50413, in the amount of
                                     $189.00, to QUEENS MARKET, LLC
 Four         December 4, 2002       Envelope containing Invoice No. 50414, in the amount of
                                     $231.84, to QUEENS MARKET, LLC
 Five         December 10, 2002      Envelope containing Invoice No. 50415, in the amount of
                                     $295.75, to QUEENS MARKET, LLC
 Six          December 20, 2002      Envelope containing Invoice No. 50416, in the amount of
                                     $288.75, to QUEENS MARKET, LLC
 Seven        December 28, 2002      Envelope containing Invoice No. 50417, in the amount of
                                     $302.75, to QUEENS MARKET, LLC
 Eight        January 2, 2003        Envelope containing Invoice No. 50418, in the amount of
                                     $486.50, to QUEENS MARKET, LLC
 Nine         January 11, 2003       Envelope containing Invoice No. 50419, in the amount of
                                     $549.50, to QUEENS MARKET, LLC
 Ten          January 17, 2003       Envelope containing Invoice No. 50420, in the amount of
                                     $446.25, to QUEENS MARKET, LLC
 Eleven       February 5, 2003       Envelope containing Invoice No. 50422, in the amount of
                                     $1,491.00, to QUEENS MARKET, LLC
 Twelve       February 11, 2003      Envelope containing Invoice No. 50423, in the amount of
                                     $168.00, to QUEENS MARKET, LLC


                                                16
 COUNT        DATE                   DESCRIPTION OF MAILING
 Thirteen     February 18, 2003      Envelope containing Invoice No. 50424, in the amount of
                                     $173.25, to QUEENS MARKET, LLC
 Fourteen     February 25, 2003      Envelope containing Invoice No. 50425, in the amount of
                                     $155.75, to QUEENS MARKET, LLC
 Fifteen      March 4, 2003          Envelope containing Invoice No. 50426, in the amount of
                                     $168.00, to QUEENS MARKET, LLC



       All in violation of Title 18, United States Code, Sections 1341 and 2.

                            COUNTS SIXTEEN and SEVENTEEN
                              (Aiding and Abetting in Mail Fraud)

       1. The Grand Jury realleges and incorporates by reference, the allegations contained in

paragraphs one through fifty of this indictment.

       2. Beginning on or about November 29, 2002, and continuing through March 6, 2003,

both dates being approximate, in the Western District of Missouri, KIM HUE HUYNH, NHAN

PHU “JOHN” PHAM, and QUEENS MARKET, LLC, defendants herein, aiding and abetting

each other, devised a scheme or artifice to defraud its retail customers, by means of false and

fraudulent representations and pretenses, to wit: (1) that swine and associated meat and meat

food products supplied by RICK D. ANSTINE and ANSTINE ENTERPRISES, INC. d/b/a

KINGSVILLE HOG MARKET, and offered for sale to the public in commerce by defendant

QUEENS MARKET, LLC, were wholesome, non-adulterated, sound, healthful, and fit for

human consumption, when in fact, the swine and associated meat and meat food products were

unwholesome, filthy, adulterated, unsound, unhealthful, and unfit for human consumption;

(2) that the swine and associated meat and meat food products supplied by ANSTINE and

ANSTINE ENTERPRISES, INC. d/b/a KINGSVILLE HOG MARKET, and offered for sale to



                                                   17
the public in commerce by QUEENS MARKET, LLC, were USDA-inspected when in fact, the

swine and associated meat and meat food products were not USDA-inspected; and (3) that the

swine and certain associated inedible pork lungs supplied by ANSTINE and ANSTINE

ENTERPRISES, INC. d/b/a KINGSVILLE HOG MARKET, and offered for sale to the public in

commerce by QUEENS MARKET, LLC, were falsely and fraudulently mislabeled as pork livers,

and during the course of this scheme for the purpose of executing this scheme, defendants did

knowingly place and cause to be placed in an authorized depository for mail matter, various

checks on or about the following dates to be sent and delivered by the United States Postal

Service, each such mailing constituting a separate count of this indictment.

 COUNT        DATE                   DESCRIPTION OF MAILING
 Sixteen      January 22, 2003       Envelope containing Check No. 2699, in the amount of
                                     $2,000.00, payable to KINGSVILLE HOG MARKET
 Seventeen    February 7, 2003       Envelope containing Check No. 2789, in the amount of
                                     $1,000.00, payable to KINGSVILLE HOG MARKET


       All in violation of Title 18, United States Code, Sections 1341 and 2.

                                    COUNT EIGHTEEN
                   (Aiding and Abetting the Distribution of Adulterated Food)

       1. The Grand Jury realleges and incorporates by reference, the allegations contained in

paragraphs one through fifty of this indictment.

       2. On or about between January 28, 2003, and March 6, 2003, both dates being

approximate, in the Western District of Missouri, RICK D. ANSTINE, KIM HUE HUYNH,

NHAN PHU “JOHN” PHAM, ANSTINE ENTERPRISES, INC. d/b/a KINGSVILLE HOG

MARKET, and QUEENS MARKET, LLC, defendants herein, aiding and abetting each other,

with respect to swine and associated meat and meat food products, did knowingly, sell, offer for



                                                   18
sale, transport, distribute, and attempt to distribute to the public in commerce, adulterated, filthy,

unsound, unhealthful, and unwholesome swine and associated meat and meat food products

capable of use as human food and unfit for human consumption.

       All in violation of Title 21, United States Code, Section 610(c) and Title 18, United

States Code, Section 2.

                                      COUNT NINETEEN
                          (Aiding and Abetting the Misbranding of Food)

       1. The Grand Jury realleges and incorporates by reference, the allegations in paragraphs

one through fifty of this indictment.

       2. On or about March 6, 2003, said date being approximate, in the Western District of

Missouri, KIM HUE HUYNH, NHAN PHU “JOHN” PHAM, and QUEENS MARKET, LLC,

defendants herein, aiding and abetting each other, did knowingly cause articles which are capable

of use as human food to become misbranded, with respect to 218 pounds of swine and associated

meat and meat food products, by labeling the swine and associated meat and meat food products

as having been inspected and having passed inspection, when in fact such swine and associated

meat and meat food products had not been inspected and had not passed inspection.

       All in violation of Title 21, United States Code, Section 610(d) and Title 18, United

States Code, Section 2.

                                      COUNT TWENTY
                 (Aiding and Abetting the Offering for Sale of Uninspected Food)

       1. The Grand Jury realleges and incorporates by reference, the allegations contained in

paragraphs one through fifty of this indictment.

       2. On or about between November 29, 2002, and March 6, 2003, both dates being

approximate, in the Western District of Missouri, RICK D. ANSTINE, KIM HUE HUYNH,


                                                   19
NHAN PHU “JOHN” PHAM, ANSTINE ENTERPRISES, INC. d/b/a KINGSVILLE HOG

MARKET, and QUEENS MARKET, LLC, defendants herein, aiding and abetting each other,

did knowingly sell, offer for sale, transport, distribute, and attempt to distribute to the public in

commerce, 9,057 pounds of non-USDA-inspected swine and associated meat and meat food

products capable of use as human food , which swine and associated meat and meat food

products were required to be USDA-inspected.

          All in violation of Title 21, United States Code, Section 610(c) and Title 18, United

States Code, Section 2.

                                     COUNT TWENTY-ONE
                           (Aiding and Abetting the Misbranding of Food)

          1. The Grand Jury realleges and incorporates by reference, the allegations in paragraphs

one through fifty of this indictment.

          2. On or about March 6, 2003, said date being approximate, in the Western District of

Missouri, KIM HUE HUYNH, NHAN PHU “JOHN” PHAM, and QUEENS MARKET, LLC,

defendants herein, aiding and abetting each other, did knowingly cause swine and certain

associated inedible pork lungs which are capable of use as human food to become misbranded by

labeling the swine and associated certain inedible pork lungs falsely and fraudulently as pork

livers.

          All in violation of Title 21, United States Code, Section 610(d) and Title 18, United

States Code, Section 2.

                                    COUNT TWENTY-TWO
                     (Aiding and Abetting the Offering for Sale of Inedible Food)

          1. The Grand Jury realleges and incorporates by reference, the allegations in paragraphs

one through fifty of this indictment.


                                                  20
       2. On or about March 6, 2003, said date being approximate, in the Western District of

Missouri, KIM HUE HUYNH, NHAN PHU “JOHN” PHAM, and QUEENS MARKET, LLC,

defendants herein, aiding and abetting each other, did knowingly buy, sell, transport, and offer

for sale in commerce, swine and certain associated inedible pork lungs, which are not intended

for use as human food, and which swine and certain associated inedible pork lungs were not

denatured or otherwise identified as required by the regulations of the Secretary of the

Department of Agriculture.

       All in violation of Title 21, United States Code, Section 641 and Title 18, United States

Code, Section 2.

                                                     A TRUE BILL.




               DATE                                  FOREPERSON OF THE GRAND JURY




William L. Meiners #28263
Assistant United States Attorney




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