Sentencing Hearings for International Adoption Guides (IAG)

Update July 13: The sentencing hearings have again been rescheduled. Now they are supposed to take place August 29. Unbelievable.

Update June 20: My understanding is that the IAG sentencing hearings are now scheduled for July 13 and 14. What a long, hard road this has been for the victims.

Update: I have heard from someone connected with the trial that the June 16 and 17 sentencing hearings have been postponed, yet again. How frustrating and disappointing this whole process has become for the adoptees and their families. When I have more news, I will post again.

Three International Adoption Guides officials could be sentenced, finally, next week.

They were indicted by the U.S. Justice Department in February 2014, after lengthy investigations. They are scheduled for sentencing next week, having pled guilty over a year ago to charges of conspiring to defraud the United States by bribery and fraudulent documents, all involving several Ethiopian adoptions.

The sentencing hearing for Mary Mooney (IAG’s executive director) is scheduled for 11am on June 16. Mooney had pled guilty in January 2015, then changed her plea to “no contest” several months later. In August 2015, the judge ruled against the “no contest” plea, and the guilty verdict was reinstated.

For James Harding (IAG’s director of international programs), sentencing is scheduled for 10am on June 17. Harding had entered a guilty plea in January 2015.

For Alisa Bivens (IAG’s Ethiopia program director), sentencing is scheduled for June 17 at 10:30am. Bivens had entered a guilty plea in August 2014.

Each of these hearings will take place before Judge David Norton in Courtroom 2, J. Waties Waring Judicial Center, 83 Meeting St, Charleston, SC.

There is a maximum penalty of five years in prison and a fine up to $250,000 for the original charges, according to the February 2014 press release by the Department of Justice when the indictment occurred.

IMG_1732

My guess is that the sentencing hearings will be fairly brief. Many details have probably been worked out by attorneys in advance. It’s possible that victims of these cases will speak at the hearings.

I have no insights as to why there has been such a long time between the guilty pleas and the sentencing. I thought, and was told by others, that the sentencing would take place within months after the guilty pleas. Clearly I was wrong about that. As I (a non-lawyer) understand it, there can be a number of reasons for delays: courts are overloaded with cases and everything just takes a long time; the guidelines for sentencing can be contested by the defendants; pre-sentencing investigations can be lengthy; lawyers can ask for continuances; and other reasons that a lawyer could no doubt better explain.

It’s not clear to me whether the three defendants have been in jail awaiting sentencing, but I don’t think that’s the case. My understanding is that defendants can earn reduced sentences by cooperating with the process and, of course, not getting into any further trouble. That could mean, given the lengthy time between convictions and sentencing, that the three defendants’ actual time in jail, if any, would be reduced.

What a long, hard journey this has been for the Ethiopian children adopted via bribery and fraud, for their Ethiopian families, and for the adoptive families. This case represents so much that is wrong in international adoption, so much that is heartbreaking for innocent victims. Here’s hoping that justice is done in the sentencing next week.

 

 

 

 

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