USA v. Prince William Sound Aquaculture Corporation

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
UNITED STATES OF AMERICA,
Plaintiff,
v.
PRINCE WILLIAM SOUND
AQUACULTURE CORPORATION,
Defendant.
Case No. 3:22-cr-00087-SLG-KFR
FINAL REPORT AND RECOMMENDATION UPON A PLEA OF GUILTY
Upon Defendant's request to enter a guilty plea, pursuant to Rule 11 of the
Federal Rules of Criminal Procedure, to Count One of the Felony Information,
charging a violation of 42 U.S.C. § 6928(d)(2)(A), Illegal Disposal of Hazardous
Waste, [Doc. 14]1, the District Court referred this matter to the Magistrate Judge,
with the written and verbal consents of Defendant, counsel for Defendant, and
counsel for the United States.
Thereafter, the matter came before this Court for a hearing on Defendant’s
guilty plea, in full compliance with Rule 11, Federal Rules of Criminal Procedure, in
open court and on the record. 	Prior to commencing with the Rule 11 colloquy, the
Court examined Geoffrey Clark, Defendant’s representative. During this inquiry, the
Court determined that Mr. Clark, the individual who had signed the plea agreement
on behalf of the corporate defendant and was currently serving as Defendant’s
General Manager, was a proper individual to speak on Defendant’s behalf at the
hearing and possessed sufficient authority to enter Defendant’s change of plea.
1 The parties originally filed the Plea Agreement at Docket 5. On November 9, 2022, the
United States filed a joint motion to seal Docket 5 because it contained Personal
Identifying Information (PII) about an involved, but uncharged, individual. See Doc. 13.
The Court granted the motion. See Doc. 17. The United States filed a redacted Plea
Agreement at Docket 14. This Plea Agreement redacts the PII but is identical in all other
respects to the originally-filed agreement.
Case 3:22-cr-00087-SLG-KFR Document 18 Filed 11/10/22 Page 1 of 4

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Final R&R re: Guilty Plea
United States v. Prince Wm. Sound
Aquaculture Corp.
3:22-cr-00087-SLG-KFR
2
In consideration of that hearing and the colloquy made by Defendant under
oath, on the record, in the presence of counsel, and the remarks of the Assistant
United States Attorney,
A. 	I make the following FINDINGS – that Defendant understands:
☒ That any false statements made by Defendant under oath may later be
used against him in a prosecution for perjury;
☒ The right to persist in a plea of not-guilty;
☒ The consequences of not being a United States citizen;
☒ The nature of the charges against Defendant;
☒ The loss of certain federal benefits;
☒ 	The 	maximum 	possible 	sentence, 	including 	imprisonment, 	fine,
supervised release, and any applicable mandatory minimum sentence;
☒ The Court’s authority to order restitution;
☒ The mandatory special assessment;
☒ Any applicable forfeiture;
☒ The right to a speedy and public trial by jury;
☒ The right to be represented by counsel and, if necessary, to have the
court 	appoint 	counsel 	at 	trial, 	and 	at 	every 	other 	stage 	of 	the
proceedings;
☒ The right to: confront and cross-examine adverse witnesses, to remain
silent, to testify and present evidence, and to compel the attendance of
witnesses;
☒ That a plea of guilty operates as a waiver of trial rights;
☒ That Defendant knowingly, intelligently, and voluntarily waives all right
to appeal or collaterally attack (except on the grounds of ineffective
assistance of counsel and the voluntariness of his plea); and
☒ That in determining a sentence, the court’s obligation to calculate the
applicable 	sentencing 	guideline 	range 	pursuant 	to 	the 	Sentencing
Case 3:22-cr-00087-SLG-KFR Document 18 Filed 11/10/22 Page 2 of 4

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Final R&R re: Guilty Plea
United States v. Prince Wm. Sound
Aquaculture Corp.
3:22-cr-00087-SLG-KFR
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Guidelines promulgated by the United States Sentencing Commission
and to consider that range, as well as departures under the Sentencing
Guidelines, and variances under 18 U.S.C. §3553(a).2
B. 	I further FIND:
1. 	Defendant is competent to enter an informed plea;
2. Defendant is aware of their rights and has had the advice of legal
counsel;
3. 	That the plea of guilty by Defendant has been knowingly and voluntarily
made and is not the result of force, threats, or coercion;
4. Any agreements or promises which induced the plea of guilty are set
forth in the written plea agreement or on the record; and
5. 	That there is a factual basis for Defendant’s plea.
B. 	I RECOMMEND:
☒ That the District Court accept Defendant’s plea of guilty to Count One of
the Felony Information, a violation of 42 U.S.C. § 6928(d)(2)(A), Illegal
Disposal of Hazardous Waste.
☐ That the District Court accept Defendant’s admission to the Criminal
Forfeiture Allegation.3
D. IT IS ORDERED:
That a Presentence Report be prepared by the U.S. Probation Office.
2 The Plea Agreement is entered pursuant to Fed. R. Crim. P. 11(c)(1)(A) and (C). Pursuant
to that agreement, Defendant is permitted to withdraw from their plea if the Court advises
Defendant that the contemplated sentence will be greater than five years’ probation, with
a condition to enter an environmental compliance plan with the government; a fine of
$450,000; and restitution payable to C.F. in the amount of $550,000. The Court reviewed
Rule 11(c)(1)(C) with Defendant, who stated they understood that provision and their
options should the District Court reject the plea agreement.
3 The Indictment did not include a forfeiture allegation.
Case 3:22-cr-00087-SLG-KFR Document 18 Filed 11/10/22 Page 3 of 4

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Final R&R re: Guilty Plea
United States v. Prince Wm. Sound
Aquaculture Corp.
3:22-cr-00087-SLG-KFR
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1. 	Any objection(s) to the presentence report shall be filed no later than
fourteen (14) days after receiving the presentence report (Fed. R. Crim.
P. 32(f)(1));
2. Any sentencing memorandum shall be filed no later than seven (7)
business days prior to sentencing (D.Ak. L.Cr.R. 32.1(d)).
The Sentencing Hearing will be before United States District Judge. The court
excludes time from November 9, 2022, until the time of sentencing pursuant to 18
U.S.C. §3161(h)(1)(G) on the grounds that the District Judge will be considering the
proposed plea agreement.
DATED this 10th of November 2022, at Anchorage, Alaska.
s/ Kyle F. Reardon
KYLE F. REARDON
United States Magistrate Judge
District of Alaska
This Report and Recommendation is being issued as a Final Report and
Recommendation. 	Pursuant to Fed. R. Crim P. 59(b)(3), any objections will be
considered by the District Court Judge who will accept, reject, or modify the
recommendation following de novo review. 	Any objections must be filed within
seven (7) days from the date of service of this Report and Recommendation. 	The
shortened objection deadline is due to the request of the District Court Judge. Fed.
R. Crim P. 59(b)(2) and D. Ak. L.M.R. 6(a) authorizes the court to alter the standard
objection deadlines.
Reports and recommendations are not appealable orders. Any notice of appeal
pursuant to Fed. R. App. P. 4(a)(1) should not be filed until entry of the District
Court’s judgment.4
4 See Hilliard v. Kincheloe, 796 F.2d 308 (9th Cir. 1986).
Case 3:22-cr-00087-SLG-KFR Document 18 Filed 11/10/22 Page 4 of 4