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‘Fat Leonard’ to appeal sentence, while retired Navy captain to seek reduced charge
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‘Fat Leonard’ to appeal sentence, while retired Navy captain to seek reduced charge

A man poses for a flag photo next to the emblem for Interpol Venezuela.

An undated photo shows Leonard Glenn Francis, known as Fat Leonard, after his capture in Maiquetia, Venezuela. (Interpol Venezuela Instagram account via AFP/Getty Images/TNS)


SAN DIEGO (Tribune News Service) — Leonard Glenn Francis, the Malaysian businessman known as “Fat Leonard” at the center of the U.S. Navy’s worst bribery and corruption scandal, will appeal his 15-year prison sentence on which a federal judge in San Diego. imposed earlier this month, according to documents filed by his attorney.

The prison term imposed by U.S. District Judge Janis Sammartino at a Nov. 5 sentencing hearing was more than three years longer than prosecutors recommended for Francis, who defrauded the Navy of at least $35 million dollars, but also offered what prosecutors called “unprecedented” cooperation. in identifying the corrupt Navy officers who accepted his bribes. Sammartino also ordered Francis to pay $20 million in restitution to the Navy.

As part of his plea agreements in three cases, Francis waived his right to appeal his convictions but had 14 days to appeal the sentence. On Tuesday, two weeks after the sentencing hearing, defense attorney Douglas Sprague filed notices of appeal in each of Francis’ cases.

Notices are simple, one-page documents that do not give details of the arguments you will make.

Francis, 60, remains in prison in San Diego, according to online records from the Federal Bureau of Prisons, although Sammartino recommended that he serve his remaining time in custody at a medical facility. When factoring in the credit he will receive from time already served, Francis has about 8 1/2 years left in prison pending the outcome of his appeal.

Francis, who was known as “Fat Leonard” because of his enormous size, spent decades bribing a rotating group of officers in the Western Pacific’s 7th Fleet, who in turn steered ships to the Southeast Asian ports controlled by Francis and his company. , Glenn Defense Marine Asia. Francis then demanded greatly inflated prices from the US government for routine services.

Francis was arrested in 2013 in the first of what became a series of bribery, fraud and corruption cases related to GDMA. He pleaded guilty in 2015 to charges of bribery, conspiracy to commit bribery and conspiracy to defraud the United States and quickly became the government’s key witness, providing what prosecutors described as “unparalleled” cooperation that led to authorities to investigate approximately 1,000 Navy personnel.

At his sentencing hearing this month, Francis also pleaded guilty to a charge related to his escape from house arrest in 2022. For all his crimes, federal sentencing guidelines recommended a prison term of between 17½ and nearly 22 years. But largely because of Francis’ cooperation, prosecutors recommended a sentence of just 12 years.

Sammartino, who has presided over nearly all cases related to Francis and the Navy corruption scandal, said he took into account Francis’ cooperation but called his corruption scheme “insidious” and said the 15-year term was more appropriate .

In a related case, an attorney for Capt. David Haas, who pleaded guilty to taking bribes from Francis and recently spent two years in prison, filed a motion Tuesday indicating that Haas will seek to have his felony conviction be reduced to a misdemeanor. The request stems from prosecutorial misconduct that resulted in the felony convictions of nine other defendants being reduced or dismissed.

Earlier this year, prosecutors promised in a court filing that they would review cases related to the Navy corruption scandal to determine whether charges should be reduced or dismissed from those who have already pleaded guilty and been sentenced. the cause of prosecution problems.

Haas is the first known defendant to seek such relief.

Chuck La Bella, who represents Haas, emailed prosecutors last month asking them to reduce Haas’ felony conviction to a misdemeanor, according to the email exchange contained in a court filing . Assistant U.S. Attorney Peter Ko responded in part: “Respectfully, I see no real legal concern that requires … amelioration in his case. For this reason, we cannot agree or consent to a … motion to vacate Mr. Haas’s conviction.”

In the filing Tuesday, La Bella wrote that Haas will instead file a habeas corpus petition — essentially asking the court to review the validity of his conviction and sentence — that is based on prosecutorial misconduct.

©2024 San Diego Union-Tribune

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