Prosecutors and Defence Seek to Overturn 505 Year Drug Sentence

Cory Wilson is a criminal defence lawyer, serving Calgary, Okotoks, Airdrie, Strathmore, Cochrane, Canmore, Didsbury, Medicine Hat, Lethbridge and Turner Valley.

In 1991, a California federal judge sent a clear message in the war on drugs when he sentenced four men convicted of laundering cartel cash to over 500 years in jail each.

The men sentenced had no criminal records and were otherwise pillars of the community. They had no direct involvement in the cartel’s massive cocaine distribution ring at the centre of the case. Despite that, the judge decided to make send a message. Now, both defence and the prosecutors are fighting to have them released.

The four men were destined to die in prison until last year when federal prosecutors, who were investigating defence claims of undisclosed special treatment of a key government witness by FBI agents, recommended that the convictions be overturned “in the interests of justice”.

Seems simple, but another federal judge stood in the way of justice. Judge Stephen V. Wilson, a former prosecutor who previously worked under the sentencing judge, refused to rubber-stamp the release and demanded further submissions before considering releasing the men.

The Key Witness

The man who played the key role in putting the men in prison worked at a LA gold brokerage used in the money laundering scheme named Sergio Hochman. He was facing a potential life sentence and cut a deal with the prosecutor to testify. He testified for seven days about the scheme, describing how to bulk cash from drug sales was used to buy gold which was then wired to Central and South America.

While the jury heard all of the details of the money laundering, they weren’t given any information about the special treatment FBI gave Hochman including seaside lunches in Malibu and visits with his wife in the backseat of her car.

As a result of his cooperation, Hochman’s sentence went from life to five years in jail.

It wasn’t until 18 years after his own release from jail that Hochman first disclosed the FBI benefits to his lawyer. After discussions with his lawyer, Hoch agreed to provide a sworn declaration of his treatment including the fact FBI told him never to tell anybody.

Failing to turn this information over to defence counsel so they could cross-examine the witness on reasons why he may be less trustworthy, often leads to convictions being overturned. A jury needs to hear this information so they can make fully informed decisions on guilt or innocence.

Appearing in front of the judge, both the prosecution and defence argued that had the special treatment knows, it may have “altered at least one juror’s assessment”.

Defence counsel reminded the judge that their clients had been in jail for three decades and were eager to be released. Despite assurances that the decision would be quick, the judge took eight months to render a decision. In the decision, he took aim at the prosecutor’s office and made the Ludacris finding the witness, who testified for seven days, was not overly important.

The motion to release the men was denied

With obvious anger and disappointment, the men are moving forward with an appeal of the decision, once again supported by the prosecutors. When that will be, is anyone’s guess.

Cory Wilson is a criminal defence lawyer based in Calgary. If you have been charged with a criminal offence or are a suspect in a criminal investigation, call today for a free, no-obligation consultation.