Defense in ‘Fat Leonard’ case says prosecutors knew agent made inaccurate statement in prior case
As the jury in the “Fat Leonard” trial deliberates the fate of five former officers charged with bribery, defense lawyers made new allegations that federal prosecutors were improperly withholding evidence that could help their case.
In a motion filed Friday, lawyers for the five said that they uncovered information that a federal agent who was key in the sprawling investigation of military contractor Leonard Glenn Francis, known as “Fat Leonard” for his immense size, made inaccurate statements in a sworn arrest warrant affidavit in a strikingly similar case a year ago.
At a brief court hearing Tuesday, lead prosecutor Assistant U.S. Attorney Mark Pletcher did not address the accusations and told U.S. District Court Judge Janis Sammartino the government would write a response to the motion.
It is the latest allegation from defense lawyers about prosecutorial misconduct in the trial that began in February.
The defendants — former Rear Adm. Bruce Loveless; former Capts. David Newland, James Dolan and David Lausman; and former Cmdr. Mario Herrera — are charged with conspiracy, bribery and fraud. They are accused of accepting bribes from Francis and in return helping his Singapore-based ship servicing business, Glenn Defense Marine Asia, or GMDA. Francis pleaded guilty and admitted defrauding the government out of at least $35 million.
The statements by Defense Criminal Investigative Services Special Agent Cordell DeLaPena came in the unrelated prosecution of Frank Rafaraci, the chief executive of Multinational Logistics Service, or MLS, which like Francis’ company, contracts with the U.S. Navy to service ships in foreign ports.
Rafaraci was initially charged in September 2021 with bribery of a Navy official and defrauding the government out of at least $50 million through inflated invoices between 2011 and 2018.
In an affidavit for his arrest, DeLaPena made a series of incorrect statements regarding the fraudulent billing, according to court records in Rafaraci’s case.
When defense lawyers for Rafaraci complained the statements were incorrect, lawyers for the Department of Justice agreed in a motion jointly filed with the defense in March that the statements were “factually inaccurate.”
The DOJ took the unusual step of then asking a federal judge to not only strike the complaint, but also remove entirely from the official docket the inaccurate affidavit. But the judge in the case declined to remove the affidavit and instead ordered the inaccurate paragraphs to be redacted.
Rafaraci, whose case was promoted by the DOJ as a major case of fraud that echoed the GDMA case, ended up being indicted on a single count of bribery. The fraud allegations were not part of the indictment. He pleaded guilty to the bribery charge in April and is awaiting sentencing.
https://americanmilitarynews.com/2022/06/defense-in-fat-leonard-case-says-prosecutors-knew-agent-made-inaccurate-statement-in-prior-case/