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United States v. Zhiqiang Zhang

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Nov 3, 2011
No. CR 10-00827 LHK-HRL (N.D. Cal. Nov. 3, 2011)

Opinion

No. CR 10-00827 LHK-HRL

11-03-2011

UNITED STATES OF AMERICA, Plaintiff, v. ZHIQIANG ZHANG, Defendant.

Shira Kieval for Thomas J. Nolan, Esq. Attorney for Defendant Zhiqiang Zhang Susan Knight Assistant United States Attorney


Shira Kieval (SBN: 269409)

For Thomas J. Nolan (SBN: 48413)

Nolan, Armstrong

& Barton, LLP

Attorney for Defendant

Zhiqiang Zhang

STIPULATION TO MODIFY PRETRIAL RELEASE CONDITIONS,

DECLARATION IN SUPPORT, AND [PROPOSED]?? ORDER


STIPULATION

The parties hereby stipulate to a modification of the pretrial release conditions if defendant Zhiqiang (Michael) Zhang. This stipulation is filed with the approval of Paul Mamar'l in Pretrial Services. The parties agree that Mr. Zhang should be permitted to travel inside of the United States for business purposes, as long as Paul Mararil is in receipt of a copy of Mr. Zhang's itinerary before he departs. The parties request that the Court modify Mr. Zhang's pretrial release conditions accordingly. Mr. Zhang will need to travel for work beginning next week.

The parties-stipulate to this request based upon the information contained in the Declaration of Shira Kieval and communicated to Assistant United States Attorney Susan Knight. Mr. Zhang is Business Leader with Merchant Services for a subsidiary of a major U.S. company. He works directly with merchant customers on a daily basis, and frequently must travel to meet with and provide technical support to customers on site. His customers are located in Beattle, Los Angeles, Boston, and elsewhere in the United States. His travel must be coordinate with other employees at his company who travel with him, and with many employees of the company's merchant customers. Therefore, travel arrangements are often made the day before the travel.

Mr. Zhang also works with a client in Canada, but is not requesting permission to travel outside of the United States.

SO STIPULATED.

NOLAN, ARMSTRONG & BARTON, LLP

Shira Kieval for Thomas J. Nolan, Esq.

Attorney for Defendant

Zhiqiang Zhang

Susan Knight

Assistant United States Attorney

DECLARATION OF SHIRA KIEVAL

1. I am an attorney licensed to practice law before the courts of the State of California and the Northern District of California, and an associate with Nolan, Armstrong & Barton. LP, counsel of record for defendant Zhiqiang Zhang.

2. On November 10, 2010, Mr. Zhang was indicted on one count in violation of 18 U.S.C. § 1832(a)(5) (Conspiracy), one count in violation of 18 U.S.C. § 1832(a)(3) (Possession of Stolen Trade Secrets), once count in violation of 18 U.S.C. §§ 2314 and 2 (Foreign Transportation of Stolen Property), and two forfeiture allegations under 18 U.S.C. § 1834 (Trade Secrets Forfeiture) and 18 U.S.C. § 981(a)(1)(c) and 28 U.S.C. § 2461(c) (Forfeiture of ITSP Proceeds).

3. Mr. Zhang is Business Leader with Merchant Services for a subsidiary of an najor U.S. company. He works directly with merchant customers on a daily basis, and frequently must travel to meet with and provide technical support to customers on site. His customers are lerned in Seattle, Los Angeles, Boston, and elsewhere in the United States. His travel must be onrdinated with other employees at his company who travel with him, and with many employee^. the company's merchant customers. Therefore, travel arrangements are often made the day before the travel.

4. Mr. Zhang is requesting permission to travel within the United States for buisiness purposes. His next trip will be to Seattle for a meeting that is likely to occur on __ 10 or 11, 2011. He anticipates that the exact date and time of the meeting will not be fixed until approximately November 9, at which point his company will purchase airline tickets __ employees.

5. I spoke and emailed with AUSA Susan Knight ((408) 535-5056) on November 1, 2011 and she has no objection to permitting Mr. Zhang to travel within the United States for business purposes with the approval of pretrial services.

6. I spoke with Pretrial Services Officer Paul Mamaril ((408) 535-5233) on November 1, 2011 and he has no objection to permitting Mr. Zhang to travel within the United States for business purposes if he has Mr. Zhang's itinerary in his possession when Mr. Zhang traveling, and he approves of such travel.

7. Upon information and belief, Mr. Zhang is in full compliance with __ release conditions.

I declare under penalty of perjury that the foregoing is true and correct _ for those matters stated on information and belief and as to those matters I am informed and _ them to be true. Executed this 1st day of November, 2011 at Palo Alto, California.

Shira Kieval

[PROPOSED] ORDER

UPON STIPULATION, IT IS SO ORDERED.

Mr. Zhang's pretrial release conditions are modified as follows. Mr. Zhangqing travel within the United States for business purposes, provided that Paul Mamaril with __ Services is in receipt of Mr. Zhang's itinerary before Mr. Zhang departs.

HON. TOWARD R. LLOYD

United States Magistrate Judge

ATTESTATION PER GENERAL ORDER 45

I, Shira Kieval, have permission from ECF User Thomas J. Nolan to use the __ password being used to file this Stipulation. In compliance with General Order 45. __, I hereby attest that Susan Knight has concurred with this filing.


Summaries of

United States v. Zhiqiang Zhang

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Nov 3, 2011
No. CR 10-00827 LHK-HRL (N.D. Cal. Nov. 3, 2011)
Case details for

United States v. Zhiqiang Zhang

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. ZHIQIANG ZHANG, Defendant.

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

Date published: Nov 3, 2011

Citations

No. CR 10-00827 LHK-HRL (N.D. Cal. Nov. 3, 2011)