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Mar. 20, 2009
JOE RICHARDS BRIBERY Deal with Richards calls for probation and $250,000 fine
By MARK WAITE
Nye County brothel owner Joe Richards' plea agreement spares him prison time, but he's subject to up to five years probation and a $250,000 fine. Richards, 75, offered a guilty plea to one count of wire fraud/honest services fraud, in U.S. District Court Monday. Sentencing is scheduled for 1:30 p.m. June 15. The agreement states the U.S. attorney's office won't bring additional charges against Richards arising out of the investigation which culminated in the indictment back in March 2006 and his plea agreement. Richards is accused of paying a $5,000 bribe to former Nye County Commissioner Candice Trummell in exchange for her help revising a county ordinance prohibiting a brothel within 300 yards of a public street, which restricted his ability to open a brothel on Homestead Road and Silver Street in Pahrump. Richards already owns brothels in Crystal and Lathrop Wells. The maximum possible sentence for the crime is 20 years, the agreement states. Richards may not argue against probation at his sentencing hearing but may argue against imposition of discretionary conditions, a fine or restitution. The agreement is null and void if Richards is found to have committed perjury, obstructed justice, engaged in criminal misconduct during the resolution of the indictment, failed to appear at a hearing or violated any terms of conditions of pre-trial release. The agreement states: "The parties understand and accept that the court will consider defendant's prior convictions, if any, in calculating his criminal history category. At the time of this agreement, the parties are unaware of any relevant criminal history." The court has the ability to impose a fine up to $250,000 to be payable upon sentencing. Restitution also may be ordered, which can't be discharged by a bankruptcy proceeding. Richards waives his right to appeal the sentence in exchange for the concessions by the government and his right to bring any attack against the sentence, except for a claim of ineffective counsel. "The maximum term of probation is five years during which time the defendant will be subject to various restrictions and requirements. Defendant understands that if he violates one or more of any conditions of probation imposed, the probationary term may be revoked and the defendant may be sentenced to a term of imprisonment not to exceed the statutory maximum term of imprisonment provided for by law," the agreement states. If Richards doesn't have the ability to pay for the cost of imprisonment, probation and supervised release, the court may impose an alternative sanction, like community service. During a hearing in March 2006, Chief Assistant U.S. Attorney Steven Myhre asked U.S. District Court Magistrate Judge Peggy Leen to set $1 million bail on Richards. Myhre claimed Richards is a multimillionaire who has passports and cash buried in an ammunition can in the desert he could use to flee, the Associated Press reported. Richards shook his head no to those assertions. "Defendant acknowledges that if he elected to go to trial instead of entering this plea, the United States could prove facts sufficient to establish defendant's guilt beyond a reasonable doubt," the agreement states. Richards declared the Nye County commissioners have a duty not to accept any gift which would improperly influence them to depart from the faithul discharge of their duties, including a duty not to receive compensation from private sources in return for the performance of their official duties. The U.S. attorney's office declined to make any additional comments on the agreement. The agreement doesn't say anything about Richards losing his brothel license. Nye County Sheriff Tony DeMeo told the licensing and liquor board Tuesday he couldn't participate in any discussion on Richards since he was involved in the FBI investigation. DeMeo said he couldn't name another member of the sheriff's department to request a show cause hearing on revoking the license because he'd be appointing someone "who is like-minded." The Nye County Licensing and Liquor Board includes DeMeo and the five county commissioners. |
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