U.S. v. UNIVERSAL FRUITS AND VEGETABLES

Slip Op. 06-79. Court No. 04-00431.

433 F.Supp.2d 1351 (2006)

UNITED STATES, Plaintiff, v. UNIVERSAL FRUITS AND VEGETABLES CORP., David Pai, a.k.a. Shih Wei Pai, Jason Pai, a.k.a. Chung Sheng Pai, Defendants.

United States Court of International Trade.

May 25, 2006.


Attorney(s) appearing for the Case

Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director, Commercial Litigation Branch, Civil Division, United States Department of Justice; Jeanne M. Davidson, Deputy Director, Commercial Litigation Branch, Civil Division, United States Department of Justice; Alan J. Lo Re and Sean McNamara, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, D.C., for Plaintiff.

Neville Peterson LLP (John M. Peterson and Curtis W. Knauss), New York, NY, for Defendants.


OPINION

CARMAN, Judge.

This Court heard oral argument on March 23, 2006, in this matter. Plaintiff United States brings this action under 31 U.S.C. § 3729(a)(7) (2000), alleging that Defendants Universal Fruits and Vegetables Corporation ("Universal"), founder-president David Pai, a.k.a. Shih Wei Pai ("David Pai"), and employee-father Jason Pai, a.k.a. Chung Sheng Pai ("Jason Pai"),1 fraudulently transhipped and misrepresented...

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