The felony convictions of four former U.S. Navy officers tied to the infamous “Fat Leonard” military corruption scandal were vacated Wednesday after a California judge admonished the government for “outrageous” prosecutorial misconduct.
U.S. District Judge Janis Sammartino allowed the four men, who had been convicted of felonies, to plead guilty to a misdemeanor and pay a $100 fine in what is the latest twist in a wild case that has centered around defense contractor Leonard Glenn Francis, a Malaysian businessman nicknamed “Fat Leonard,” who admitted to bribing top-ranking officers with alcohol, Cuban cigars, Lady Gaga concert tickets, and parties that prosecutors have described as a “rotating carousel of prostitutes.”
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The officers who had their convictions vacated, former Capts. David Newland, James Dolan, and David Lausman and former Cmdr. Mario Herrera, were convicted by a federal jury in June 2022 for accepting bribes from Francis. Francis, who pleaded guilty in 2015 to offering Navy officials $500,000, cut off his ankle monitoring device and escaped overseas while waiting for his sentencing hearing.
Francis’s Singapore-based company, Glenn Defense Marine Asia, provided the Navy with things they needed in port like food and waste removal but frequently overcharged for his services. He also bribed Navy officials in the area about ship movements to win lucrative military contracts.
The attorneys for the four men claimed their trial was unfair and riddled with errors on the part of prosecutors, which included but were not limited to relying on faulty information they obtained from Francis to go after the officers, as well as withholding information from defense attorneys.
Assistant U.S. Attorney Peter Ko admitted to “serious issues” and asked Sammartino to vacate the officers’ felony convictions.
While Ko admitted errors were made, he did not agree with all of the allegations defense attorneys made.
“There were pretty obviously serious issues that affect our ability to go forward” defending the convictions or seeking a new trial, Ko told the judge, according to the San Diego Union-Tribune.
Andrew Haden, acting U.S. Attorney for the Southern California District, echoed Ko’s comments.
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“As stated in court, we do not agree with all the allegations or characterizations in the motions or in court,” Haden said in a statement. “We recognize and regret, however, that errors were made, and we have an obligation to ensure fairness and justice. The resolutions of these defendants’ cases reflect that.”
Haden attempted to turn what is widely seen as a significant setback for the government into a positive by claiming that what took place in the California courthouse on Wednesday was “significant” in that “the four officers who stood before the court today admitted for the first time, under oath, that they broke the law and are guilty of crimes related to their official duties.”
