A current U.S. Navy Commander was charged in a complaint
unsealed today with accepting luxury travel, elaborate dinners and services of
prostitutes from foreign defense contractor Leonard Francis in exchange for
classified and internal U.S. Navy information.
Acting Assistant Attorney General Kenneth A. Blanco of the
Justice Department’s Criminal Division, Acting U.S. Attorney Alana Robinson of
the Southern District of California, Director Andrew L. Traver of the Naval
Criminal Investigative Service (NCIS) and Director Dermot F. O’Reilly of the
Defense Criminal Investigative Service (DCIS) made the announcement.
Mario Herrera, 48, of Helotes, Texas, was charged with one
count of conspiracy to commit bribery in connection with interactions with
Leonard Francis, the former CEO of Glenn Defense Marine Asia (GDMA), a defense
contracting firm based in Singapore.
Herrera was arrested in San Antonio, Texas, this morning and is
scheduled to make his initial appearance in federal court in the Western
District of Texas. The United States
will seek removal of Herrera to San Diego to face charges.
According to the complaint, Herrera participated in a
bribery scheme with Francis in which he accepted luxury travel and
entertainment expenses and the services of prostitutes in exchange for helping
to steer lucrative U.S. Navy contracts to Francis and GDMA. Herrera provided Francis with internal,
proprietary U.S. Navy information and intervened on GDMA’s behalf in contract
disputes. According the complaint,
Herrera directed ships to take alternative routes that benefitted GDMA on two
separate occasions, costing the U.S. Navy $3.6 million.
To date, a total of 17 individuals have been charged in connection
with the scheme; of those, 13 have pleaded guilty, including: Admiral Robert
Gilbeau, Captain Michael Brooks, Commander Bobby Pitts, Captain Daniel Dusek,
Commander Michael Misiewicz, Lt. Commander Todd Malaki, Commander Jose Luis
Sanchez, former NCIS Special Agent John Beliveau and U.S. Petty Officer First
Class Daniel Layug.
Brooks, Gilbeau and Sanchez await sentencing. In May 2016, Pitts was charged and his case
is currently pending. On Jan. 21, 2016,
Layug was sentenced to 27 months in prison and to pay a $15,000 fine. On Jan. 29, 2016, Malaki was sentenced to 40
months in prison and to pay $15,000 in restitution to the Navy and a $15,000
fine. On March 25, 2016, Dusek was
sentenced to 46 months in prison and to pay $30,000 in restitution to the Navy
and a $70,000 fine. On April 29, 2016,
Misiewicz was sentenced to 78 months in prison and to pay $95,000 in restitution to the Navy and a
$100,000 fine. On Oct. 14, 2016,
Beliveau was sentenced to 12 years in prison and to pay $20 million in restitution. On Dec. 2, 2016, Simpkins was sentenced to 72
months in prison, to pay $450,000 in restitution, to forfeit $150,000 and pay a
$50,000 fine.
A criminal complaint is merely an accusation, and the
accused is presumed innocent unless proven guilty in a court of law.
DCIS, NCIS and the Defense Contract Audit Agency are
investigating the case. Assistant Chief
Brian R. Young of the Criminal Division’s Fraud Section and Assistant U.S.
Attorneys Mark W. Pletcher and Patrick Hovakimian of the Southern District of
California are prosecuting the case.
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