SAN DIEGO — Leonard Glenn Francis, the mastermind behind the worst bribery and corruption scandal in U.S. Navy historical past, appeared Thursday in San Diego federal courtroom for the primary time since he left home arrest and fled the nation in 2022, simply weeks earlier than he was set to be sentenced.
Generally known as “Fats Leonard” due to his dimension, Francis was not charged Thursday with any new crimes associated to his escape. Federal prosecutors mentioned they could search new costs sooner or later, however not till after he is sentenced within the bribery and fraud scheme. In the meantime his longtime protection attorneys re-upped a earlier request to withdraw from the case.
U.S. District Choose Janis Sammartino indicated she would enable the withdrawal regardless of the objection of prosecutors.
Francis, as soon as a strong army contractor who bribed Navy officers to do his bidding and bilked the U.S. authorities of no less than $35 million, had spent greater than 15 months jailed in Venezuela. That is the place Interpol brokers captured him about two weeks after he absconded from home arrest in San Diego.
He was extradited to Miami on Dec. 20 as a part of a prisoner swap that additionally freed 10 jailed People and 25 imprisoned Venezuelans in change for Alex Saab, an ally of Venezuelan president Nicolás Maduro.
Thursday’s listening to marked the primary time the Malysian-born Francis, 59, was again in San Diego since his escape on Labor Day weekend 2022, and his first time again in a San Diego federal courtroom in a number of years.
Francis was first arrested in 2013 throughout a sting operation at a San Diego Bay lodge and pleaded responsible in 2015 in U.S. District Courtroom in San Diego to corruption costs associated to his wide-ranging scheme to bribe Navy officers and overcharge the army for ship-servicing contracts.
A gregarious presence at Navy capabilities and port visits throughout Southeast Asia, Francis would bathe officers with high-end meals, luxurious resort stays and the companies of prostitutes. In change, officers would leak confidential info to Francis, similar to the small print of ship actions, and steer ships to ports managed by him and his firm, Glenn Protection Marine Asia.
However Francis had lengthy averted sentencing within the case. He spent a number of years as a cooperating witness for the U.S. authorities within the persevering with investigation and prosecution of the greater than 30 Navy officers ensnared in his scheme. However he was not referred to as as a witness in the course of the case’s lone trial in 2022 — a gentle shock, although he could have been seen by prosecutors as a legal responsibility on the stand, particularly after secretly recording a podcast whereas he was on home arrest.
Francis was granted pretrial launch in 2018 resulting from his poor well being — he at one level had kidney most cancers, although most of his numerous medical points have been mentioned solely in sealed hearings — and ultimately moved into an expensive Carmel Valley-area rental residence, full with employed employees and personal safety guards that he paid and who not often interacted with him. On Sept. 4, 2022, he minimize off his GPS ankle monitor and fled to Mexico. From there he went to Cuba, then Venezuela. Officers have mentioned he was attempting to make it from South America to Russia.
Thursday’s listening to largely centered round who will characterize Francis transferring ahead. A couple of weeks after his escape, his protection attorneys from the agency Warren & Burstein knowledgeable Sammartino that they might search to withdraw their illustration “primarily based on an irreparable breakdown within the attorney-client relationship.”
Protection legal professional Jeremy Warren confirmed in courtroom Thursday that he and his companions, Devin Burstein and Katie Jenkins, nonetheless supposed to withdraw from the case.
“We’re not able to advocate” for Francis, Warren instructed the choose, including that he would supply particulars in a sealed listening to if she wanted additional rationalization of their reasoning. Warren mentioned the agency is loyal to its purchasers and it was a choice made “with a heavy coronary heart,” however that Francis is in want of counsel who’re “totally in a position to advocate for him.”
Francis, sporting a tan jumpsuit and a white COVID face masking, spoke solely two phrases. “No, ma’am,” he instructed Sammartino when she requested if he had any objections to the withdrawal of his attorneys.
Assistant U.S. Legal professional Fred Sheppard objected to the withdrawal, arguing that Warren and his agency knew the case too effectively and had represented Francis too lengthy to be allowed to withdraw now. He additionally argued that discovering Francis new attorneys and getting them on top of things on the case would trigger a prolonged a delay.
However Sammartino, mentioning the lengthy historical past of the case, which has now stretched on for greater than 10 years, indicated a delay of some extra weeks wouldn’t be a problem.
In truth, Francis will not be the one defendant within the case nonetheless awaiting sentencing. On the identical day final month that Francis was introduced again to the U.S., Sammartino held what was imagined to be a sentencing listening to for 4 Navy officers and one Marine officer who had pleaded responsible to felony costs years in the past. The choose expressed skepticism about proposals to dismiss or cut back costs in opposition to the 5, saying attorneys from each side failed to offer the authorized reasoning behind such a transfer.
Sammartino mentioned she was “involved in regards to the totality of this case” and instructed the events that the general public deserves solutions about why the “Fats Leonard” prosecutions seemed to be crumbling.
These considerations with the case date again to the 2022 trial, which was interrupted by a three-day listening to to type out misconduct accusations in opposition to the prosecution. The choose later dominated a prosecutor dedicated “flagrant misconduct” by withholding info from protection legal professionals.
After Francis’ escape, attorneys for the trial defendants continued accusing prosecutors and investigating brokers of misconduct and argued that his escape proved he was an untrustworthy authorities cooperator.
The federal government by no means disputed the misconduct allegations in writing, although prosecutors mentioned in courtroom that they denied most of the accusations in opposition to them. Nonetheless, throughout a listening to final 12 months the U.S. Legal professional’s Workplace admitted to “critical points” with the case and Sammartino mentioned her conclusion, primarily based on the federal government’s failure to reply, meant that no less than a number of the allegations had benefit.
On the similar listening to, prosecutors dismissed the convictions of the 4 Navy officers discovered responsible in the course of the trial and as an alternative agreed to misdemeanor plea offers with all 4 that included no jail time. Attorneys for a number of of the trial defendants have filed a grievance with the California State Bar in opposition to the 4 trial prosecutors, accusing them of a number of due-process violations.
It is unclear how these twists within the prosecution that occurred whereas Francis was in Venezuela will have an effect on his personal case transferring ahead. In keeping with his Venezuelan legal professional, Francis had been duped into believing he would by no means be returned to U.S. custody and that Maduro didn’t view him as a bargaining chip within the Saab negotiations.
San Diego-area U.S. Legal professional Tara McGrath celebrated his return Thursday.
“Leonard Francis is now not on the run. He’s on the hook,” McGrath mentioned in an announcement. “Mr. Francis by no means ought to have fled the USA whereas he was ready to be sentenced. In truth, he was ordered by a federal choose not to take action. Now that he’s again in San Diego, Mr. Francis might be held totally accountable for his crimes.”
Sheppard, the assistant U.S. legal professional, instructed the choose that prosecutors are “contemplating further costs” associated to Francis absconding. However he instructed Sammartino {that a} potential new case may need to go to a special choose, because the costs might contain contempt of Sammartino’s courtroom.
Sheppard mentioned that as a result of Francis was on home arrest as a part of a medical furlough when he fled, prosecutors may file an “oblique contempt case” moderately than a “straight escape case.”
Francis is subsequent anticipated in courtroom Feb. 8, by which era Warren mentioned Francis ought to have new illustration.
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