Date: 05-09-2021

Case Style:

Case Number: 3:19-cr-00121-SLG-DMS

Judge:

Court: United States District Court for the District of Alaska (Anchorage County)

Plaintiff's Attorney: United States District Attorney’s Office

Defendant's Attorney:

Criminal Defense Lawyer Directory

Description: Anchorage, Alaska criminal defense lawyer represented Defendant charged with international parental kidnapping.

Leo James Chaplin, 62, who is an American-born United States citizen, abducted the young children he shared with his then spouse in November 2014. Both children were born and lived in Anchorage prior to their abduction. Chaplin kept the children in the Philippines for over four-and-a-half years, depriving their mother from lawfully exercising her parental rights. Chaplin was also acting in flagrant disregard of Alaska family court orders to return the children to Alaska. In July 2019 Chaplin was arrested in the Philippines and the U.S. Marshals Service returned him to the United States in September 2019 for prosecution. The Federal Bureau of Investigation in conjunction with the U.S. Department of State ensured the safe reunification between the children and their mother.

“This sentence is a strong reminder that there are severe consequences for any parent who kidnaps their children,” said Acting U.S. Attorney Bryan Wilson of the District of Alaska. “Abducting young children and hiding them in a foreign country will not be tolerated and we will seek justice for those torn apart. The years of separation are lost forever, and the resulting emotional tragedy is unimaginable.”

The Federal Bureau of Investigation, U.S. Marshals Service, U.S. Department of State and U.S. Customs and Border Protection conducted the investigation leading to the successful prosecution of this case.

Assistant U.S. Attorneys Allison O’Leary and George Tran prosecuted the case.

International parental kidnapping in violation of 18 U.S.C. 1204(a), which provides:

(a) Whoever removes a child from the United States, or attempts to do so, or retains a child (who has been in the United States) outside the United States with intent to obstruct the lawful exercise of parental rights shall be fined under this title or imprisoned not more than 3 years, or both.

(b) As used in this section—

(1) the term “child” means a person who has not attained the age of 16 years; and

(2) the term “parental rights”, with respect to a child, means the right to physical custody of the child—

(A) whether joint or sole (and includes visiting rights); and

(B) whether arising by operation of law, court order, or legally binding agreement of the parties.

(c) It shall be an affirmative defense under this section that—

(1) the defendant acted within the provisions of a valid court order granting the defendant legal custody or visitation rights and that order was obtained pursuant to the Uniform Child Custody Jurisdiction Act or the Uniform Child Custody Jurisdiction and Enforcement Act and was in effect at the time of the offense;

(2) the defendant was fleeing an incidence or pattern of domestic violence; or

(3) the defendant had physical custody of the child pursuant to a court order granting legal custody or visitation rights and failed to return the child as a result of circumstances beyond the defendant's control, and the defendant notified or made reasonable attempts to notify the other parent or lawful custodian of the child of such circumstances within 24 hours after the visitation period had expired and returned the child as soon as possible.

Outcome: 05/07/2021 155 AMENDED MINUTE ENTRY: The parties are advised that the minute entry as to Leo James Chaplin: 153 Imposition of Sentence is amended as follows: MINUTE ENTRY for proceedings held before Judge Sharon L. Gleason: Imposition of Sentence held 9:01 a.m. to 10:18 a.m. on 5/6/2021 for Leo James Chaplin. Under Criminal Rule 5(f), the government is ordered to comply with its disclosure obligations under Brady v. Maryland and related cases. Failure to do so may result in sanctions. This order incorporates the provisions of MGO 21-11 and a written order is attached. Court and counsel heard re PSR objections. Victim impact statement heard. Court accepted plea agreement, stated findings pursuant to sentencing guidelines. Sentencing Arguments heard. Count 1: 18 months and 19 days imprisonment; 1 year supervised Release; $100 Special Assessment. *Court advised the defendant of appeal rights. Court made an oral recommendation to a Southern Florida facility. APPEARANCES: Defendant present, On Bond; George Tran, AUSA; T. Burke Wonnell, FPD; Azaria Kantor, USPO; Sonja L. Reeves, Official Court Reporter. (IAH, COURT STAFF) (Entered: 05/07/2021)
05/07/2021 156 NOTICE OF APPEAL by Leo James Chaplin re 153 Sentencing,,,,, Terminate Deadlines and Hearings,,,, Filing fee $ 505. (Wonnell, T.) (Entered: 05/07/2021)
05/07/2021 157 SECOND AMENDED MINUTE ENTRY: The parties are advised that the minute entry as to Leo James Chaplin: 155 Amended Minute Entry is amended as follows: AMENDED MINUTE ENTRY: The parties are advised that the minute entry as to Leo James Chaplin: 153 Imposition of Sentence is amended as follows: MINUTE ENTRY for proceedings held before Judge Sharon L. Gleason: Imposition of Sentence held 9:01 a.m. to 10:18 a.m. on 5/6/2021 for Leo James Chaplin. Under Criminal Rule 5(f), the government is ordered to comply with its disclosure obligations under Brady v. Maryland and related cases. Failure to do so may result in sanctions. This order incorporates the provisions of MGO 21-11 and a written order is attached. Court and counsel heard re PSR objections. Victim impact statement heard. * Sentencing Arguments heard. Count 1: 18 months and 19 days imprisonment; 1 year supervised Release; $100 Special Assessment. *Court advised the defendant of appeal rights. Court made an oral recommendation to a Southern Florida facility. APPEARANCES: Defendant present, On Bond; George Tran, AUSA; T. Burke Wonnell, FPD; Azaria Kantor, USPO; Sonja L. Reeves, Official Court Reporter. To clarify text. (IAH, COURT STAFF) (Entered: 05/07/2021)
05/07/2021 158 REVISED FINAL PRESENTENCE INVESTIGATION REPORT (Sealed) as to Leo James Chaplin. (Kantor, Azaria) (Entered: 05/07/2021)

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