The Long Road to Sentencing For International Adoption Guides: Still Not There

In February 2014, four employees of International Adoption Guides were indicted by the US Department of Justice for bribery, falsification of documents, and more, based on a multiyear investigation of Ethiopian adoptions. James Harding, Mary Mooney, and Alisa Bivens, the three American IAG defendants, all pled guilty to various counts about two years ago. They are still awaiting sentencing, three years after the indictment. The one Ethiopian defendant, Haile Mekonnen, as best I know is still in Ethiopia and has not been in court.

According to the 2014 DOJ press release, ” ‘The defendants are accused of obtaining adoption decrees and U.S. visas by submitting fraudulent adoption contracts signed by orphanages that never cared for or housed the children, thus undermining the very laws that are designed to protect the children and families involved,’ said Acting Assistant Attorney General Raman. ‘As today’s indictments show, the Justice Department, alongside its partners both here and abroad, will respond vigorously to these criminal schemes and will act to protect the many families and children who rely on the integrity of the adoption process.’ ”

Behind that legal language is astonishing loss and heartache for many children and their families in Ethiopia and in the United States.

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I recently came across a website, justiceformary.weebly.com, which seems to be written by Mary Mooney. While it mostly has password protected pages, it has a long list of the court documents from 2014 to 2016, including the plea agreements from the three defendants, as well as transcripts of several court appearances. The site mentions a court date in January 2017, but I have yet to see anything to confirm that.

In May 2016, the government recommended a sentence for Mooney of 51 to 60 months of incarceration, per this Memorandum in Aid of Sentencing.

A sentencing hearing was held in August 2016.

In November 2016, there was an order filed on Mary Mooney‘s case. My understanding, as a non-lawyer, is that in January 2015 Mooney had made a plea agreement: she pled guilty to making false statements for the agency’s Council on Accreditation process, and the government then dropped other charges, including those related to Ethiopia.

Mooney could, however, face a conviction on charges related to adoptions from Kazakhstan. Mooney’s co-defendant James Harding had operated World Partners Adoption, located in Georgia; he is an adoptive parent of children from Kazakhstan. WPA lost its accreditation to handle international adoptions in 2008. Harding and Mooney then arranged for Harding to take over at IAG, which still had accreditation at that time. Apparently IAG also has charges against it in relation to adoptions from Kazakstan, and Mooney could face a conviction as a result of those.

Any lawyers who want to weigh in would be welcomed. It is not clear to me whether this means that Mooney will face no punishment in regard to the bribery and falsification of documents in Ethiopia, but that could be correct.

Every month or so, I have called the office of Judge David Norton in South Carolina, the judge handling the case. A pleasant court official consistently tells me that, no, there’s nothing on the sentencing yet. He can’t comment on whether that’s unusual, or on any reason as to why sentencing would not have taken place. He says he will send my inquiry on to someone who might have more information. I’ve never heard anything back.

Unless I’ve missed it, I have not seen any outcry about this case from adoption agencies or from the National Council on Adoption.

The three defendants are, I believe, not in jail. I understand and applaud the value of a full and fair legal process. Still, I can’t help but feel deep disappointment in the slowness of this case, especially when the defendants pled guilty. Will the final sentencing be minimal, with the defendants getting jail time reduced?

I also can’t help but feel this long delay for sentencing is a slap in the face of the Ethiopian adoptees brought here via lies and deception. They have gone through so much, as have their families, in Ethiopia and in the US. What is the message for them about the American court system?

Where is the justice for the innocent victims?

 

 

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