Sentencing Date (Finally) Set For International Adoption Guides’ Ethiopian Adoption Fraud Case

 

Update: The hearings have been delayed yet again until August 17.

 

At long last, the sentencing hearing will be held on July 13, 2017, for the three International Adoption Guides’ defendants, all of whom pled guilty August 29, 2016, to fraud and corruption in their Ethiopian adoption program.

 

The sentencing hearing for IAG executive director Mary Moore Mooney is scheduled for 1:30pm in Courtroom  2, J. Waties Waring Judicial Center, 83 Meeting St, Charleston, South Carolina, before Judge David Norton.

 

The sentencing hearing for James Harding and Alisa Bivens is scheduled for 2:00pm, same place, same judge, as for Harding and Bivens.

 

I’ve written about the case multiple times since the U.S. Department of Justice indicted the three defendants as well as an Ethiopian IAG employee (who apparently remains in Ethiopia) in February 2014. The Justice Department had investigated the cases for years before the indictment, and the actual incidents of unconscionable fraud, bribery, and corruption had occurred years before that.

 

Child in Ethiopia, 2014. © Maureen McCauley Evans

The victims of these crimes–children and families in the U.S. and in Ethiopia–have been immeasurably harmed by the actions of the IAG staff. Whether the conviction and sentencing will have any impact on adoption agencies, on adoption policies, or on the fate of future adoptions from Ethiopia remains to be seen. It’s been such a long road for the families and children. It is possible that the sentencing date could change, given the nature of the American justice system. I am hopeful, nonetheless, that the sentencing will bring some small measure of peace for the families.

 

The Case Number is 2012R01249, and the Docket Number is 14-CR-00054.

 

 

 

Sentencing Hearings for International Adoption Guides (IAG)

Update July 14, 2017: The sentencing hearing is now scheduled for August 17, 2017. https://lightofdaystories.com/2017/07/09/iag-sentencing-delayed-yet-again/

 

Update July 13, 2016: The sentencing hearings have again been rescheduled. Now they are supposed to take place August 29. Unbelievable.

Update June 20, 2016: 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.

 

 

 

 

Guilty Plea by IAG’s Mary Mooney Will Stand: Sentencing Within Two Months

Mary Mooney, the former executive director of International Adoption Guides (IAG), was among four IAG employees indicted by the US Justice Department in 2014 for fraud and corruption involving adoptions from Ethiopia. She entered a plea of guilty, and then this past spring requested to change the plea to innocent.

The judge has determined that there is no basis for her to change the plea from guilty to innocent, so the case now moves to sentencing. Two of the other IAG employees, James Harding (IAG program director) and Alisa Bivens Ethiopian program director in the US), will also be sentenced along with Mooney. All three had pled guilty. Sentencing will take place in the next 60-90 days.

 

 

Mary Mooney of International Adoption Guides Has Changed Her Plea

Mary Mooney, the former executive director of International Adoption Guides (IAG) indicted by the Justice Department for fraud and corruption in Ethiopian adoptions and who pled guilty in January, has recently asked the judge to change her plea from guilty to innocent.

You can read about her guilty plea here. You can read the Department of Justice’s February 2014 press release on the indictments here.

Alisa Bivens and Jim Harding, the other two IAG staff people also indicted by the Justice Department, pled guilty last year. None of them has been sentenced yet. There will now be a delay in their sentencing pending the outcome of the judge’s decision as to whether Mooney can change her plea. It is unclear when the judge will rule on Mooney’s request, but it probably won’t happen until sometime this summer.

As far as I know, the fourth person indicted, an Ethiopian citizen apparently now living in Ethiopia, has not been arrested.

I am not a lawyer, and I have no inside information about this. Defendants can indeed change their plea, and will do so for various reasons: new evidence is uncovered, they want to have a trial, the lawyer didn’t provide adequate information about the plea, the deal worked out with the judge and prosecution under the guilty plea was unacceptable to the defendant, or some other reason. I don’t know if making this request six months after pleading guilty will have an effect on the judge’s decision.

If the judge allows Mooney to change her plea to innocent, the whole legal process starts again. She could then go to trial, or there could be a deal worked out between the defense and the prosecution to which the judge must agree.

I don’t know how much this has cost the Justice Department for years of gathering evidence for the indictment, nor how much has been spent for the legal process of the three current defendants.

I do know this is one more level of heartache for the families who adopted from International Adoption Guides.