The felony convictions of four former Navy officers involved in a major bribery case have been vacated due to prosecutorial misconduct. The case, which is considered one of the worst bribery scandals in the history of the maritime branch, involved defense contractor Leonard Francis, also known as Fat Leonard. U.S. District Judge Janis Sammartino agreed to allow the four men to plead guilty to a misdemeanor and pay a $100 fine each. The surprising turn of events occurred during a sentencing hearing in federal court in San Diego.
Assistant U.S. Attorney Peter Ko, who joined the case after the defendants were tried last year, acknowledged “serious issues” with prosecutorial misconduct and requested the vacating of the officers’ felony convictions. While not agreeing with all the allegations, Ko admitted that errors were made. Acting U.S. Attorney for the Southern California District, Andrew Haden, stated that the resolutions of the defendants’ cases reflect the recognition of errors and the commitment to fairness and justice.
The former Navy officers, Captains David Newland, James Dolan, and David Lausman, along with Commander Mario Herrera, were previously convicted on various counts of accepting bribes from Leonard Francis and his company, Glenn Defense Marine Asia (GDMA). Three of the officers pleaded guilty to disclosing information, while Lausman pleaded guilty to destruction of government property for smashing a hard drive with a hammer.
Defense attorney Todd Burns, representing Dolan, expressed relief on behalf of his client, who had fought the allegations for a decade. The defense attorneys for all four men had filed extensive documentation outlining prosecutorial misconduct during the trial, including the hiding of evidence, ignoring false testimony, and concealing facts that questioned the credibility of key witnesses.
The case against the four officers was the only one to go to trial out of the more than two dozen defendants charged. The jury deadlocked and reached no verdict on charges against retired Rear Adm. Bruce Loveless, and those charges were later dropped by prosecutors. Over the years, nearly two dozen Navy officials, defense contractors, and others have been convicted and sentenced on various fraud and corruption charges related to Leonard Francis’ bribery scheme.
Leonard Francis, who admitted to bribing top-ranking officers with gifts and services, defrauded the Navy of over $35 million. He escaped three weeks before his sentencing in 2019 but was later captured in Venezuela, where he remains in custody.
The vacating of the convictions raises questions about the potential impact on other cases related to the bribery scandal. Several individuals are awaiting sentencing next month, and it remains unclear if this development will have any repercussions on their cases.