Crime & Courts

A special investigator who probed into misconduct by prosecutors in the case of the late Alaska Senator Ted Stevens says the government lawyers should not face criminal charges. Despite that, the investigator found widespread concealment of evidence that could have helped Stevens mount his defense.

Ted Stevens was the longest serving Republican in the Senate when he was convicted 3 years ago of failing to list on his Financial Disclosure Forms gifts he’d received. Prosecutors said they amounted to $250,000 and included items like house renovations and a massage chair. But accusations of misconduct by FBI agents and withholding of evidence by prosecutors soon surfaced, and when the Obama Administration came into power, Attorney General Eric Holder asked that the verdict be vacated.

The judge who oversaw the case, U.S. District Court Judge Emmet Sullivan, threw it out and ordered an independent investigator, D.C. attorney Henry Schuelke to look into what happened. After two and a half years of silence on the case, Judge Sullivan filed an order Monday saying that the investigation had results. It found the Stevens prosecution was “permeated” by “systematic concealment” of significant evidence which Stevens’ lawyers could have used to corroborate the Senator’s story and testimony. It also could have seriously damaged the testimony and credibility of the government’s key witness, former Veco executive Bill Allen.

Schuelke found that at least some of the concealment by the government was “willful and intentional.” Despite that, he is not claiming that the prosecutors committed criminal violations.
Schuelke says that’s because Judge Sullivan did not issue a “clear and unequivocal” order directing the prosecutors to follow the law. When during the trial prosecutors admitted holding back evidence, Judge Sullivan admonished them and said, “we all know what the law is” and that they in good faith knew they had to provide relevant information to the defense. But Schuelke says that wasn’t a clear direction.

Judge Sullivan, for his part, says the prosecutorial misconduct was to a degree he hadn’t seen in 25 years on the bench.

The independent investigator Henry Schuelke and a colleague, William Shields, came to their conclusions after reviewing more than 150,000 pages of documents and interviewing witnesses, holding depositions, and familiarizing themselves with two Alaska cases against former state legislators Pete Kott and Vic Kohring.

The massive report by Schuelke and Shields is 500 pages, and sealed from the public eye until the Justice Department and the six attorneys under question can review it and decide if they want to challenge making it public. And DOJ and the lawyers may indeed fight that.

This isn’t the only investigation into the Stevens case. The Justice Department’s Office of Professional Responsibility is conducting its own look into what went wrong and who’s responsible. Earlier this month Attorney General Holder told a Senate panel that that multi-hundred page report will be coming out soon, but it’s unclear whether that report will see the light of day and be made public.
Ted Stevens lost his bid for reelection one week after being convicted in 2008… he died in a plane crash near Dillingham last year. Last week would have marked his 88th birthday.

A former U.S. Senate fisheries expert – who falsely reported his own catch – will now be sentenced in February.

Arne Fuglvog’s sentencing in U.S. District Court was previously scheduled for Friday, November 18. Judge H. Russell Holland on Thursday approved the latest delay, proposed earlier in the week by Fuglvog’s attorney Jeffrey Feldman.

The hearing scheduled for Friday had already been postponed to December 7 because Feldman had a scheduling conflict this week with clients in another case out-of-state. The latest continuance moves it to February 7, according to electronic federal court records.

Fuglvog pled guilty in August to one count of violating the federal Lacey Act for falsifying catch records of sablefish intended for interstate commerce.

The Petersburg fisherman had worked as a fisheries aide for U.S. Sen. Lisa Murkowski from 2006 until July of this year. He resigned the day before the charges became public and details of a plea agreement were released.

Fuglvog broke the commercial fishing laws before he took the Senate job.

Under his plea agreement, he is to be sentenced to ten months in prison and a $50,000 fine. He also will be required to give $100,000 to the National Fish and Wildlife Foundation. The non-profit was created by Congress in 1984 and directs public conservation funds to preservation and restoration projects for wildlife species and habitats.

A Juneau husband and wife, who formerly managed the Airport Mini Mall and Apartments as a couple, are being accused of theft.

Paul E. Hansen, 63, and Cheryl L. Hansen, 67, are each being charged with one count of first degree felony theft. Charging documents essentially allege that over $50,000 of deposits, or money belonging to the Mall, was kept by the Hansens.

Paul Hansen did the maintenance. Cheryl Hansen did the bookkeeping. They say they worked as managers for nine years, getting use of the manager’s house near the mall and a $1,000 a month when they left in May 2010. An indictment handed up by a Juneau grand jury on November 4th alleges that the theft happened sometime between May and June of last year.

The Hansens do not have attorneys yet. But Cheryl Hansen spoke to reporters after Wednesday afternoon’s arraignment hearing. She predicted that everybody that they know or have worked with “would be dumbfounded” once they found out about the charges.

Right now, Cheryl Hansen says she “feels overwhelmed.” Her husband Paul suffers from a variety of severe medical ailments and she says they were just at the hospital emergency room Tuesday night – the night before arraignment.

The couple is on a fixed income, their $2200 in combined monthly social security and disability benefits largely going to apartment rent and basic expenses. Cheryl Hansen told Superior Court Judge Louis Menendez during the hearing that they do not currently have any debt, but a collection agency is after them for old medical expenses. Paul Hansen says he cannot afford to hire a lawyer. Public defense attorneys are being assigned to each of them.

If convicted, the Hansens would – as first time offenders – likely be sentenced to as much as three years in prison. The maximum sentence for felony theft in the first degree is ten years in prison, $100,000 dollar fine, and 25 years on probation.

Menendez carefully repeated explanations of court proceedings for the Hansens and entered a ‘not guilty’ plea on their behalf.

Their next hearing is November 28th.

Three Southeast men currently faces charges related to guided fishing violations in Alaska.

Michael W. Duby of Juneau, 61, has already run afoul of Montana Fish and Game authorities for poaching there. His son, Michael Patrick Duby, 37, was also convicted on the Montana charges, and is currently awaiting sentencing on federal charges related to shooting migratory birds in Alaska and selling their parts on the internet.

Now, Alaska Wildlife Troopers have charged the elder Duby with providing guide services without a license. According to charging documents, Duby was working for his son’s company Fish Hunter Charters as a licensed guide in 2007. Investigators say he then guided a saltwater sport fish charter April 28, 2008 while on his son’s boat the ‘Brody.’ He did not have a valid license in his possession and listed his 2007 license number in the vessel’s logbook.

Michael W. Duby then allegedly told investigators that his 2008 license was late in coming and he guided on a temporary license. But investigators allege that he didn’t even apply for a 2008 license until April 30th, two days after the charter trip.

The charging documents, filed last week, specifically mention that Michael Patrick Duby was also under investigation for illegal guiding activity. But state prosecutors have not yet filed any charges against him.

Arraignment of Michael W. Duby is planned for December 8th in Juneau District Court.

In Sitka, Alaska Wildlife Troopers allege that four clients were taken out on a chartered trip on a vessel that was not registered to sportfish guide.

Robert L. Warren, 34, was charged for failing to register the vessel and failing to obtain a sportfish guide logbook. Michael R. Keating, 55, was charged with two counts of sportfish guide operator assisting in a violation.

Troopers believe that Keating, owner of Big Blue Fisheries, had Warren take out the clients on a boat that Keating knew was unregistered and did not have logbooks assigned.

Both men were charged Tuesday, but it’s unclear when the alleged violations actually occurred.

Their arraignment is scheduled for November 29th.

Anchorage Superior Court Presiding Judge Sharon Gleason has been confirmed to the U.S. District Court in Alaska.

Gleason is the first Alaska woman to be confirmed to the federal bench.

She will replace U.S. District Court Judge John Sedwick, who is on senior status.  

President Obama nominated Gleason to the U.S. District Court last spring on the recommendation of U. S. Sen. Mark Begich.   

In speeches on the Senate floor before Tuesday’s confirmation vote, Begich and Sen. Lisa Murkowski cited the praise of other judges and Alaska attorneys who practice before her.

“Alaska judicial candidates are rated by their peers and Judge Gleason consistently receives among the highest marks possible,” Begich said.

Murkowski said Gleason “is and will continue to be a superb judge. She has tremendous control of her own demeanor so that she maintains control of the proceedings and as a result, parties almost universally leave a hearing feeling that she has understood them and thought carefully about her decision.”

The U.S. Senate confirmed two women to the federal judiciary on Tuesday — Gleason on a vote of 87 to 8, and Yvonne Gonzales Rogers to the Northern California District Court by 89 to 6. The votes against the women came from Murkowski’s Republican colleagues, including Senator Minority Leader Mitch McConnell.

Gleason waited 224 days for her confirmation. Forty-five judicial nominees await Senate confirmation, among them Alaska Supreme Court Justice Morgan Christen. She was nominated to the U.S. Ninth Circuit Court of Appeals on May 18th.

The State of Alaska Department of Commerce, Community and Economic Development is making three phone bank lines available to elders and their family members Thursday for Elder Investment and Financial Exploitation National Call-in Day.

Mark Kelsey with the Department of Commerce says experts will be available on the other end of the phone lines to answer questions on finances, health and abuse.

It is estimated that one out of every five Americans over the age of 65 has been victimized by a financial swindle. Of particular concern are seniors with mild cognitive impairment.

Seniors who find themselves in such a situation should call the phone bank lines . In Alaska, they will be open from 5 a.m. to 2 p.m. on Thursday, November 10th.

For general finance questions, call: 1-888-227-1776

For health questions: 1-888-303-0430

And for financial abuse questions: 1-888-303-3297

You can also visit www.investorprotection.org to learn more.