DISTRICT COURT OF THE VIRGIN ISLANDS 
DIVISION OF ST. THOMAS AND ST. JOHN 
 
UNITED STATES OF AMERICA, 
Plaintiff, 
v. 
CWS TOURS, LLC, 
Defendant. 
 
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Criminal No. 2012-32 
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ATTORNEYS: 
 
Gretchen Shappert, United States Attorney 
Joycelyn Hewlett, AUSA 
United States Attorney’s Office 
St. Thomas, U.S.V.I. 
 
For the United States of America, 
 
Treston Moore, Esq. 
St. Thomas, U.S.V.I. 
 
For CWS Tours, LLC. 
 
 
 
 
ORDER 
GÓMEZ, J. 
 
Before the Court is the renewed joint motion of the United 
States and CWS Tours, LLC, to offset restitution in this matter.  
 
On February 14, 2013, a federal grand jury returned an 
indictment charging Kyle Coleman (“Coleman”) with one count 
misconduct or neglect of a ship officer in violation of 18 
U.S.C. § 1115 and CWS Tours, LLC, (“CWS”) with one count 
Case: 3:12-cr-00032-CVG-RM   Document #: 105   Filed: 04/16/20   Page 1 of 4
United States v. CWS Tours, LLC 
Criminal No. 2012-32 
Order 
Page 2 
 
misconduct or neglect of a ship owner in violation of 18 U.S.C. 
§ 1115. 
 
On June 10, 2013, CWS entered a guilty plea to a violation 
of 18 U.S.C. § 1115. On the same date, the United States filed 
an information in a separate criminal case, Criminal Number 
3:13-30, charging Coleman with one count negligent operation of 
a vessel in violation of 46 U.S.C. § 2302. Coleman also entered 
a guilty plea to a violation of 46 U.S.C. § 2302 on June 10, 
2013.  
 
On September 27, 2013, the Court sentenced Coleman and CWS. 
At that sentencing, the Court ordered Coleman and CWS to pay 
$1,350,663.18 in restitution, jointly and severally, to the 
victim, Danielle Haese (“Haese”).  
 
Since imposition of the judgments in these cases, Haese 
filed a civil complaint against Coleman and CWS seeking damages 
for the injuries Haese suffered as a consequence of the conduct 
giving rise to the criminal convictions of Coleman and CWS. That 
civil action is now settled. CWS and the Government now assert 
that the dollar amount of Haese’s civil settlement requires a 
full offset of the restitution amount imposed by the Court. The 
Government has presented a sealed copy of the settlement check 
in support of this assertion. 
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United States v. CWS Tours, LLC 
Criminal No. 2012-32 
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Section 3664, Title 18, of the United States Code provides 
in pertinent part 
(2) Any amount paid to a victim under an order of 
restitution shall be reduced by any amount later 
recovered as compensatory damages for the same loss by 
the victim in-- 
(A) any Federal civil proceeding; and 
(B) any State civil proceeding, to the extent provided 
by the law of the State. 
18 U.S.C.S. § 3664(j). 
 
Given this provision, the parties request to offset the 
full amount of the restitution judgment by the amount of 
compensatory damages received by the victim in her civil action 
against Coleman and CWS. The Court is satisfied that the 
evidence presented by the Government demonstrates that Haese 
recovered the full amount of the restitution judgment as 
compensatory damages for the same loss in her civil action 
against Coleman and CWS. 
 
The premises considered, it is hereby 
 
ORDERED that the renewed joint motion to offset the 
restitution judgment, ECF No. 100, is GRANTED; it is further 
 
ORDERED that the restitution amount ordered as part of the 
judgment against CWS shall be offset by $1,350,663.18; it is 
further 
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United States v. CWS Tours, LLC 
Criminal No. 2012-32 
Order 
Page 4 
 
 
ORDERED that the United States’s motion for a hearing, ECF 
No. 94, is MOOT; and it is further 
 
ORDERED that the parties’ joint motion for a status 
conference, ECF No. 96, is MOOT. 
 
 
 
 
  
 
 
S\ 
 
 
 
 
 
 
  
 
 
Curtis V. Gómez 
 
 
 
 
 
 
 
 
District Judge 
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