URGENT URGENT U.P. Breaking News Bulletin – 1-29-17 6 a.m. ET – Marquette County Jail officials accused of conspiracy not to giving mail to inmates – $75 million in damages sought – URGENT
$75 Million Dollars Sought in Damages:
The 35-page, seven-count federal civil law suit against Marquette County Jail officials, turnkeys: The Mail Stops Here
Former inmate accuses jailers of conspiring not to allow inmates to get mail including from attorneys and information vital to the prisoner’s defense
Lawsuit calls county jail – “Marquette County Prison”
Deputies, jail bosses accused in conspiracy to allegedly withhold mail from inmates – including from their attorneys
By Greg Peterson
U.P. Breaking News
Owner, News Director
906-273-2433
A Sault Ste. Marie man – whose explosives case made international headlines and sent him to prison – has now tossed a legal bomb charging bosses and deputies at the Marquette County Jail of violating his civil rights including withholding all his important legal mail.
He is seeking $75 million dollars minimum in actual and punitive damages.
This unsatisfied inmate had his case compared in international stories with having more than the Oklahoma City bomber.
John Francis Lechner was arrested by federal agents including the Bureau of Alcohol, Tobacco and Firearms (ATF) on On Sept. 21, 2011 “for alleged felony violations” including “illegal possession, storage and transfer of explosives,” the suit states.
A jury convicted John Francis Lechner of multiple counts of explosive related offenses, and he was sentenced to four years and three months in prison – aka 51 months incarceration – followed by three years supervised release.
He is suing the bosses and unknown turnkeys at the Marquette County Jail – but because of the way the legal system works – the suit also names the entire Marquette County Board of Commissioners – and the U.S. Marshals Service
John Francis Lechner federal civil lawsuit filed on Jan. 9, 2017: Entered into court records this week on Thurs., Jan 26, 2017 and released publicly Saturday.
“The defendants overall conduct” was “so outrageous that it shocks the moral and legal conscience of the community,” the lawsuit states. “This outrageous conduct resulted in’ Lechner’s “shameless and brazen denial” of his civil rights and resulting in his “malfeasant incarceration in a federal prison.”
“The manner, method and design” of those employed in the Marquette County Jail “amounted to cold, callous and premeditated abuse of legal authority,” the suit alleges.
The “defendants regularly acted maliciously, unjustifiably, vindictively and deliberately designed to cause” Lechner “mental and emotional harm, humiliation and denial of effective assistance from counsel, denial of a fair trial and knowingly withholding exculpatory evidence” from Lechner and his attorneys.”
The lawsuit states that there have “been previous incidents” involving other inmates who are also alleged victims of the non-delivery of legal mail.
Lechner alleges that Marquette County officials “committed a conspiracy” to not deliver his legal male, states the lawsuit under the “facts and allegations.”
The federal lawsuit says those name allegedly violated Lechner’s rights under the First, Fifth, Sixth, Eighth, and Fourteen Amendment amendments to the U.S. Constitution.
Lechner alleges he suffered “immediate and irreparable injury” and “ultimately causing wrongful incarceration in federal prison.”
Lechner “experienced extreme emotional distress, mental anguish, humiliation, degradation and severe emotional anguish.”
Count 1:
Deprivation of civil rights
Count 2:
Conspiracy to interfere with civil rights
Count 3
Neglect or failure to prevent conspiracy
Count 4
Failure to adequately train and supervise deputies
Count 5
Negligent hiring, retention and failure to discipline or take necessary correction action
Count 6
Tort Outrage (common law)
Count 7
Intentional infliction of emotional distress
While in the Marquette County Jail, Lechner states he was housed in an “eight (8) man cell block” where he ate three times daily, laundry was cleaned three times a week, and he was allowed to use the commissary once a week.
However, Lechner was not happy with mail delivery – or lack thereof – no delivery of legal papers, the lawsuit alleges. The lawsuits accused jail officials of “sporadic, random, erratic and inconsistent delivery of inmate male by the staff of the Marquette County Jail.”
The lawsuits alleges the non-delivery of the legal correspondence from Lechner’s attorneys amounts to a violation of his constitutional rights. Marquette County jail officials “regularly, deliberately, unjustifiably and maliciously” interfered with Lechner’s First and Fourteenth Amendment Rights.
The undelivered mail involves legal paperwork from defense attorneys, that the suit describes as “intended for delivery on the same day.” Lechner alleges he did not find out about numerous legal mailings from his attorneys – all addressed to the Marquette County Jail – for 10 months beginning in Oct. 2011.
Lechner says his legal mail was discovered ‘by happenstance” when he was transferred on July 17, 2012 to the Chippewa County Jail. Alleging he did not received mail from his attorney while in the Marquette County Jail
Brought by ATF agents to the Marquette County Jail – suit describes it as the “Marquette County Prison”
Legal Mail at issue:
Oct. 23, 2011
From Lisa Honeycoutt
4441 I-75 Business Spur
Sault Ste. Marie, MI
——-
Oct. 24, 2011
Attorney Charles W. Mallette, Esquire
651 Bingham Ave. Apt. 1
Sault Ste. Marie, MI
——-
Nov. 6, 2011
Audrey Plastino
1418 Hyde St.
Sault Ste. Marie, MI
——-
Nov. 21, 2011
Attorney Charles W. Mallette, Esquire
651 Bingham Ave. Apt. 1
Sault Ste. Marie, MI
——-
Dec. 19, 2011
Attorney Charles W. Mallette, Esquire
651 Bingham Ave. Apt. 1
Sault Ste. Marie, MI
——-
Dec. 26, 2011
From “Dooley” family
——-
Jan. 2, 2012
Attorney Charles W. Mallette, Esquire
651 Bingham Ave. Apt. 1
Sault Ste. Marie, MI
——-
Jan. 28, 2012
Audrey Plastino
1418 Hyde St.
Sault Ste. Marie, MI
——-
Feb. 7, 2012
Ken Lechner
1901 Delta Road
Bay City, MI
——-
March 8, 2012
Ken Lechner
1901 Delta Road
Bay City, MI
——-
March 15, 2012
Ken Lechner
1901 Delta Road
Bay City, MI
——-
May 10, 2012
Ken Lechner
1901 Delta Road
Bay City, MI
——-
May 28, 2012
Ken Lechner
1901 Delta Road
Bay City, MI
——-
July 17, 2012
Ken Lechner
1901 Delta Road
Bay City, MI
——-
Inmate John Francis Lechner
2:17-cv-00020 Lechner v. Marquette, County of et al
Date filed: 01/26/2017
Date of last filing: 01/26/2017
Case Summary
Filed: 01/26/2017
Nature of Suit: 550
Cause: 28:1441 Petition for Removal
Chippewa County
Related Case: 17-55349-CZ
Marquette County Circuit Court
plaintiff: John Francis Lechner
defendant: Marquette, County of
defendant: Marquette County Board of Commissioners
defendant: Gerald O. Corkin
defendant: Debbie Pellow
defendant: Steve Pence
defendant: Paul Arsonault
defendant: Bruce Heikkila
defendant: Gregg Sippanen
defendant: Scott Erbisch
defendant: Marquette County Sheriff’s Department
defendant: Jack Schneider
defendant: Unknown Parties
defendant: Unknown Parties
Defendant: United States Marshal Service represented by Carolyn Ann Almassian
Phone: (616) 808-2028
Federal Criminal Case Summary
2:11-cr-00049-GJQ-1 USA v. Lechner et al
Date filed: 10/04/2011
Date terminated: 12/03/2012
Date of last filing: 12/07/2016
John Francis Lechner (1)
Office: Northern Division (2) Filed: 10/04/2011
County: Chippewa Terminated: 12/03/2012 Reopened:
Magistrate Case: 2:11-mj-00041-TPG
Count: 1 citation: 18:842i.f offense level: 4
18:842(i)(1), 18:841(d)(f)(1), 18:844(a)(1), 75 fed. Reg. 70,291 ship or transport explosive material interstate; possession of explosives while under indictment
Count: 2 citation: 18:842a.f offense level: 4
18:842(a)(3)(a), 18:841(c)(d)(e)(f)(j)(m), 18:844(a)(1), 75 fed. Reg. 70,291 importing explosive material; transportation of explosive materials
Count: 3 citation: 18:842b.f offense level: 4
18:842(a)(3)(b), 18:841(c)(d)(e)(f)(j)(m), 18:844(a)(1), 75 fed. Reg. 70,291 distribute explosive material
Count: 4 citation: 18:842d.f offense level: 4
18:842(d)(2), 18:841(c)(d)(e)(f)(l), 18:844(a)(1), 75 fed. Reg. 70,291 distribute explosive material to unauthorized persons;distribution of explosive materials to a convicted felon
Count: 5 citation: 18:842j.m offense level: 3
18:842(j), 18:841(c)(d)(e)(f), 18:844(b), 75 fed. Reg. 70,291, 27 c.f.r. 555.201 et seq. Not conforming to storage of explosive material;improper storage of explosive materials
Count: 6 citation: 18:1001.F Offense level: 4
18:1001(a)(2) statements or entries generally; false statement to law enforcement
Count: 1s citation: 18:842a.f offense level: 4
18:842(a)(3)(a); 18:841(c)(d)(j)(m); 18:844(a)(1); 18:2(a); 75 fed. Reg. 1,085; 75 fed. Reg. Importing explosive material – transportation of explosive materials
Count: 3s citation: 18:842j.m offense level: 3
18:842(j); 18:841(c)(d); 18:844(b); 75 fed. Reg. 1,085; 75 fed. Reg. 70, 291; 27 c.f.r. 555.201 et seq not conforming to storage of explosive material – improper storage of explosive materials
Count: 4s citation: 18:842i.f offense level: 4
18:842(i)(1); 18:841(d)(e)(f)(1); 18:844(a)(1); 75 fed. Reg. 70,291 ship or transport explosive material interstate – possession of explosives while under indictment
Count: 5s citation: 18:1001.F Offense level: 4
18:1001(a)(2) statements or entries generally – false statement to law enforcement
Count: 6s citation: 18:842a.f offense level: 4
18:842(a)(3)(a); 18:841(c)(d)(j)(m); 18: 844(a)(1); 75 fed. Reg. 70,291 importing explosive material – transportation of explosive materials
Count: 7s citation: 18:842d.f offense level: 4
18:842(a)(3)(b); 18:841(c)(d)(j)(m); 18:844(a)(1); 75 fed. Reg. 70,291 distribute explosive material to unauthorized persons – distribution of explosive materials
Count: 9s citation: 18:842j.m offense level: 3
18:842(j); 18:841(c)(d)(e)(f); 18:844(b); 75 fed. Reg. 70,291; 27 c.f.r. 555.201 et seq not conforming to storage of explosive material – improper storage of explosive materials
Count: 8ss citation: 18:842d.f offense level: 4
18:842(d)(2), 18:841(c)(d)(1), 18:844(a)(1), 75 fed. Reg. 70,291 distribute explosive material to unauthorized persons; distribution of explosive materials to a convicted felon
Defendant custody status: released
Flags: appeal,closed,jurytrial,sealeddoc(s)
plaintiff: USA represented by Joel S. Fauson
Phone: (616) 456-2404
plaintiff: USA represented by Maarten Vermaat
Phone: (906) 226-2500
Federal News Releases:
https://www.ice.gov/news/releases/second-michigan-man-arrested-explosives-investigation
https://www.justice.gov/archive/usao/miw/news/2012/2012_0420_KKassab.html
Related info:
http://www.cheboygannews.com/article/20121204/NEWS/121209892
https://casetext.com/case/lechner-v-wilson
https://www.pacermonitor.com/public/case/3676394/Lechner_v_Chippewa,_County_of_et_al
http://www.leagle.com/decision/In%20FDCO%2020150504F79/LECHNER%20v.%20COUNTY%20OF%20MARQUETTE
https://www.justice.gov/archive/usao/miw/news/2012/2012_0420_KKassab.html
http://www.reuters.com/article/us-michigan-explosives-idUSTRE78Q51820110927
http://www.opn.ca6.uscourts.gov/opinions.pdf/15a0280p-06.pdf
http://www.foxnews.com/us/2012/02/22/michigan-man-pleads-guilty-in-explosives-case.html
http://law.justia.com/cases/michigan/court-of-appeals-unpublished/2010/20100727-c291857-60-291857-opn.html
http://newsok.com/article/feed/301181
http://www.clelaw.lib.oh.us/public/decision/CTA6/112015.html
http://www.dailytribune.com/article/DT/20110927/NEWS/309279984
SAULT STE. MARIE, MICHIGAN MAN CHARGED WITH UNLAWFUL TRANSPORTATION AND POSSESSION OF EXPLOSIVES
FOR IMMEDIATE RELEASE
April 20, 2012
MARQUETTE, MICHIGAN — U.S. Attorney Donald A. Davis announced today that Kenneth Ageed Kassab, age 53, a resident of Sault Ste. Marie, Michigan, was arraigned on April 19 in U.S. District Court in Marquette on charges of unlawful transportation of explosives and possession of explosives by a convicted felon. The superseding indictment (Link) alleges that these offenses took place in November 2010. Both charges carry a maximum penalty of up to 10 years in federal prison.
Kassab was listed in the superseding indictment (Link) as a co-defendant with John Francis Lechner, age 65, also a resident of Sault Ste. Marie. Lechner was originally the sole defendant in an explosives case stemming from the discovery of 4,200 pounds of a mixture of ammonium nitrate and fuel oil, commonly known as “ANFO,” and various other explosive materials, in September 2011. The superseding indictment, which replaces the original charges, repeats Lechner’s original charges and also adds charges relating to his possession of ANFO with Kassab in November 2010.
Lechner had been set to be tried on the original charges on May 21, 2012. With the addition of Kassab as a co-defendant, the trial date is likely to be rescheduled for later in the summer.
An indictment is merely an instrument to put the defendant on notice of the charges against him. The defendant is presumed innocent unless and until found guilty by a jury of his peers.
04/19/2012
Second Michigan man arrested in explosives investigation
Suspected of possessing more than two tons of bomb-making materials
SAULT STE. MARIE, Mich. – A second man suspected to be involved in an explosives investigation was arrested Thursday by special agents with U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and deputies with the Chippewa County Sherriff’s Department.
Kenneth Kassab, 53, of Sault Ste. Marie, Mich., was taken into custody without incident Thursday on charges related to the unlawful transportation of explosives and possession of explosives by a convicted felon.
Both charges carry a maximum penalty of up to 10 years in federal prison.
Donald Davis, U.S. Attorney for the Western District of Michigan; David McCain, ATF special agent in charge in Detroit; and Brian M. Moskowitz, special agent in charge for HSI Michigan and Ohio, announced the arrest.
Kassab was listed in a superseding indictment as a co-defendant with John Francis Lechner, 65, also a resident of Sault Ste. Marie. Lechner was originally the sole defendant in an explosives case stemming from the discovery of 4,200 pounds of a mixture of ammonium nitrate and fuel oil, commonly known as “ANFO,” and various other explosive materials, in September 2011. Lechner was arrested last September and remains in custody.
The superseding indictment repeats Lechner’s original charges and also adds charges relating to his possession of ANFO with Kassab in November 2010.
Lechner had been set to be tried on the original charges May 21, 2012. With the addition of Kassab as a co-defendant, the trial date is likely to be rescheduled for later in the summer.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty
“Marquette County Prison” accused of not giving legal mail to inmates: Federal lawsuit against bosses, deputies in Marquette County Jail – is the latest legal bomb tossed by a Soo man convicted in an explosives case that made international headlines – Suit seeks $75 Million in Damages URGENT URGENT U.P. Breaking News Bulletin – 1-29-17 6 a.m. ET - Marquette County Jail officials accused of conspiracy not to giving mail to inmates - $75 million in damages sought - URGENT…
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Two years after the Panama Papers rocked the offshore financial system, a fresh document leak from the law firm Mossack Fonseca reveals new offshore details about an array of global elites, including soccer superstar Lionel Messi, the Argentine president’s family and a former senior Kuwaiti official convicted of looting his country’s social security system.
The documents also show Mossack Fonseca scrambling to contain the fallout from the leak and identify its own clients.
The 1.2 million documents date from a few months before April 2016, when the International Consortium of Investigative Journalists and more than 100 media partners published the initial Panama Papers stories, and continue through December 2017. The documents were leaked to Munich-based Süddeutsche Zeitung, which shared them with ICIJ.
Mossack Fonseca��s founders, Jürgen Mossack and Ramón Fonseca, issued a press release in June that said the law firm, its employees and its founders were “never involved in unlawful acts.” They did not respond to requests for comment for this story.
In the coming days, ICIJ partners in dozens of countries will publish stories based on the new batch of Panama Papers files. Those stories will shed new light on the financial dealings of people from the first investigation and connect other influential and politically-connected people to the firm.
Here, in brief, are some of the findings:
Soccer star Lionel Messi’s offshore tax mess
Lionel Messi, a star soccer player for Barcelona, was already under investigation in Spain on charges that he and his father, Jorge Horacio Messi, used offshore companies in Belize and Uruguay to avoid paying millions of dollars in taxes when the Panama Papers revealed they owned yet another offshore company: Mega Star Enterprises, based in Panama.
When asked about the company in April 2016, the Messis told ICIJ and partners that Mega Star was “totally inactive.” Internal emails from the newly-leaked Mossack Fonseca records call that claim into question.
The “Uruguay office tells me that the client is using the company,” a law firm employee wrote in May 2016, a month later. Mossack Fonseca resigned as the registered agent for Mega Star Enterprises in July 2016, the documents show — the same month the Messis were convicted by a Spanish court of tax fraud. Lionel was given a 21-month suspended sentence and fined $2.2 million.
A lawyer for Messi told Spanish newspaper El Confidencial, an ICIJ partner, that Mega Star Enterprises was an old issue and was part of the former corporate scheme that had already been adjudicated. The company is not being activity used, the lawyer said.
‘Very risky’ plans linked to Argentina’s Mauricio Macri
Emails between Mossack Fonseca’s head office in Panama and its Uruguay branch in September and October 2016 show employees discussing a plan to backdate documents to conceal the fact that the firm did not know that a company it had set up in the Bahamas, Fleg Trading Co., was controlled by the family of Argentine president Mauricio Macri.
Macri and other family members were directors of Fleg Trading, the original Panama Papers investigation revealed. His father was the owner. Anti-money-laundering laws required Mossack Fonseca to know such information.
Mossack Fonseca employees discussed having Macri’s accountant produce a handwritten document in 2016, but dated years earlier, that would confirm the company’s owner, according to emails. The accountant dismissed the idea as “very risky” since the letter “could be refuted easily by an expert calligrapher,” who would pick up that the document was written more recently than the purported earlier date, according to Mossack Fonseca’s internal emails.
The client did not want to “gamble,” the emails said, “since there is the President of Argentina and his family involved.”
Email about Argentina president Macri and Family [Source: ICIJ]
The new files also show that Mossack Fonseca didn’t know of the Macri’s family connections to BF Corporation, another shell company. BF Corporation was owned by Macri’s brothers, Mariano and Gianfranco, according to Argentine press reports. Those reports have noted that German prosecutors alerted Argentine authorities in 2016 about suspicious transactions involving BF Corporation based, in part, on revelations from the Panama Papers investigation. The transactions occurred days before the October 2015 first round voting that led to Mauricio Macri’s election the following month.
A spokesman for the Macri family’s company, Socma, told ICIJ media partner La Nación that the president’s father declared his ownership of Fleg Trading, which was confirmed by a judge in Argentina. The spokesman said he had no information or comment on the discussions between Mossack Fonseca and the Uruguayan accountant.
Politicians linked to missing millions in Malaysia, Kuwait, Russia
The new documents also reveal details of swollen bank accounts and offshore assets of political figures accused of statewide looting.
In March 2017, Mossack Fonseca discovered that a company it had registered in the British Virgin Islands was owned by Mohamed Nizam bin Abdul Razak, the brother of Malaysia’s former prime minister, Najib Razak. The company, Everbright Universal Holdings Ltd., owned property in the United States, according to the files.
Najib Razak, who fell from power after his party lost parliamentary elections in May, is now under scrutiny as part of a probe into billions of dollars found missing from the country’s state-owned investment fund during his tenure. A focal point of the investigation has been $10.6 million that was transferred into a bank account owned by the former prime minister. Najib Razak denies wrongdoing.
ICIJ revealed in the original Panama Papers two offshore companies owned by Najib Razak’s son, Mohd Nazifuddin bin Mohd Najib. Calls to Abdul Razak’s phone number went unanswered, and his Credit Suisse banker did not respond to ICIJ’s emails.
The new files also reveal a company registered by Mossack Fonseca was owned by Fahad al-Rajaan, the former head of the agency that oversees Kuwait’s social security system. Al-Rajaan was convicted in absentia in 2016 of embezzling up to $390 million. He has denied the accusations and called them politically-motivated, according to reports. The files show he owned Tawny Real Estates Ltd., which in turn owned a Macau apartment and a Swiss bank account. Al-Rajaan was arrested in Britain in April 2017, but Mossack Fonseca was still the registered agent as of November 2017, despite learning of the allegations against him in March 2016.
Also named in the new files: Vitaly Malkin, a Russian oligarch who resigned a seat in Russia’s senate in 2013 after reports that he had undeclared assets overseas. Malkin appears as the owner of two British Virgin Islands companies, Audrey Holdings Group Ltd. and Top Matrix Holdings Ltd. Audrey Holdings Group held Swiss bank accounts worth $200 million, according to Malkin’s source of wealth file compiled by Mossack Fonseca. Malkin did not respond to a letter delivered to his Luxembourg address.
Cartier among Mossack Fonseca’s glitzy clients
The newly-leaked files reveal a bevy of other celebrities, politicians and alleged criminals whose links to Mossack Fonseca have not been reported — and, often, that the firm itself didn’t know it represented.
In July 2017, Mossack Fonseca learned that Panama shell companies it had set up were controlled by heirs of iconic French jeweler Pierre Cartier. The companies owned a Canadian forest and Swiss bank accounts, according to the new documents.
Members of the Cartier family did not respond to requests for comment. The heirs’ financial adviser declined to answer questions from ICIJ media partner Le Monde.
Source of funds/wealth declaration and Accounting Information form [SOURCE: ICIJ]
Reporters also discovered that Dariga Nazarbayeva, the daughter of Kazakhstan president Nursultan Nazarbayev, was the sole shareholder of a British Virgin Islands company, information not previously reported.
Dariga Nazarbayeva, a former deputy prime minister, is a senator who heads the Kazakh Senate’s Committee of International Relations. Her political rise is viewed by some Central Asian politics watchers as an indication she may one day replace her father.
In October 2007, Nazarbayev became a shareholder of Asterry Holdings Ltd., which held a stake in sugar factories in Kazakhstan, via a chain of other companies, according to ICIJ media partner OCCRP.
Nazarbayeva did not respond to requests for comment.
Another company set up and managed by Mossack Fonseca was owned through a trust by Israel Perry, the new papers show. Perry, who died in 2015, was an Israeli attorney convicted of defrauding other Israelis, most of whom were Holocaust survivors. The firm only learned of Perry’s ownership of the company, called Mallett Ford Inc., through a lawsuit brought against it, according to the documents.
None of the Mossack Fonseca correspondence found in the new leak mentions that Perry was a convicted criminal, and it is not clear whether the firm knew.
Contributors to this story: Marcos Garcia Rey, Miranda Patrucic, Mariel Fitz Patrick (Infobae), Sandra Crucianelli and Emilia Delfino (Perfil), Hugo Alconada Mon, Iván Ruiz and Maia Jastreblansky (La Nación).
New Panama Papers Leak Includes Offshore Links To Lionel Messi, Cartier, Argentine Leader Two years after the Panama Papers rocked the offshore financial system, a fresh document leak from the law firm Mossack Fonseca reveals new offshore details about an array of global elites, including soccer superstar Lionel Messi, the Argentine president’s family and a former senior Kuwaiti official convicted of looting his country’s social security system.
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