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Description: San Diego, California criminal defense lawyers represented defendants charged with accepting bribes.

Former U.S. Navy Captains David Newland, James Dolan and David Lausman and former Commander Mario Herrera – all of whom once served in the Navy’s Seventh Fleet - were convicted on all counts by a federal jury today of accepting bribes from foreign defense contractor Leonard Francis. The jury did not reach a verdict on the charges against Rear Admiral Bruce Loveless.

Nine members of the U.S. Navy’s Seventh Fleet – including the four defendants convicted today - were indicted by a federal grand jury in March 2017. Four other defendants pleaded guilty before trial.

During the trial, three U.S. Navy officials – Commander Stephen Shedd, former Lieutenant Commander Edmond A. Aruffo, and U.S. Navy Captain Jesus Vasquez Cantu – and former Lieutenant Commander Alexander Bryan Gillett of the Royal Australian Navy, testified about the alleged bribery scheme.

This long-running fraud and bribery investigation has resulted in federal criminal charges against 34 U.S. Navy officials, defense contractors and the GDMA corporation. Twenty-nine previously pleaded guilty. With today’s four convictions, 33 defendants have now been convicted of various fraud and corruption offenses.

U.S. District Judge Janis L. Sammartino set a status hearing for July 21, 2022, at 2 p.m. A sentencing hearing is scheduled for October 11, 2022, at 9 a.m.

DEFENDANTS Case Number: 17CR0623-JLS

Captain David Newland Age 60 San Antonio, Texas

Chief of Staff to the Commander of the Seventh Fleet

Captain James Dolan Age 58 Gettysburg, Pennsylvania

Assistant Chief of Staff for Logistics for the Seventh Fleet

Captain David Lausman Age 62 The Villages, Florida

Commanding Officer of U.S.S. Blue Ridge; Commanding Officer of U.S.S. George Washington

Commander Mario Herrera Age 48 Helotes, Texas

Fleet Operations and Schedules Officer for the Seventh Fleet

SUMMARY OF CHARGES

Conspiracy to Commit Bribery, in violation of 18 U.S.C. § 371

Maximum Penalty: Five years in prison, a $250,000 fine, or twice the gross pecuniary gain or twice the gross pecuniary loss, whichever is greater

*All defendants

Bribery, in violation of 18 U.S.C. § 201

Maximum Penalty: Fifteen years in prison, a $250,000 fine or twice the gross pecuniary gain or gross pecuniary loss from the offense, or three times the monetary equivalent of the thing of value, whichever is greater

*All defendants

Obstruction of Justice, in violation of 18 U.S.C. § 1519

Maximum Penalty: Twenty years in prison, a $250,000 fine

*Lausman

Conspiracy to Commit Honest Services Wire Fraud, in violation of 18 U.S.C. §§ 1349, 1346, 1343

Maximum Penalty: Twenty years in prison, a $250,000 fine

*All defendants

INVESTIGATING AGENCIES

Defense Criminal Investigative Service

Naval Criminal Investigative Service

Defense Contract Audit Agency

Outcome: 06/29/2022 984 Minute Entry for proceedings held before Judge Janis L. Sammartino: Jury Deliberation with 12 jurors present as to David Newland, James Dolan, Bruce Loveless, David Lausman and Mario Herrera held on 6/29/2022. Judge ordered lunch to be provided at court expense. Jury returned at 1:00 PM with Guilty Verdict as to David Newland; Counts 1, 2 and 13. Guilty as to James Doland; Counts 1, 5 and 13. Bruce Loveless; Hung as count 1, 6 and 13. Guilty as to David Lausman; Counts 1, 7, 12 and 13. Mario Herrera; Guilty as to Counts 1, 9 and 13. A Status Hearing is set for 7/21/2022 at 2:00 PM before Judge Janis L. Sammartino. PSR Ordered. Sentence With PSR set for 10/11/2022 at 9:00 AM before Judge Janis L. Sammartino as to David Newland, James Dolan, David Lausman and Mario Herrera (Court Reporter/ECR F. Rangus / CRD A. Garcia / AUSAs Mark W. Pletcher and David Chu and Michelle Wasserman/ RETD James Fitzgerald, RETD Todd W. Burns, RETD Thomas O'Brien, Ivy Wang, RETD Robert E. Boyce and RETD Michael L. Crowley) (no document attached) (ag) (Entered: 06/29/2022)
06/29/2022 985 MOTION to File Under Seal Response in Opposition re 975 Joint MOTION for Declaration of Mistrial for Violations of Brady/Giglio by USA as to David Newland, Enrico DeGuzman, Donald Gayle Hornbeck, James Dolan, Bruce Loveless, David Lausman, Stephen Shedd, Mario Herrera, Robert Gorsuch. (Chu, David) (tcf). (Entered: 06/29/2022)
06/29/2022 986 JOINT WITNESS LIST (ag) Modified on 6/30/2022 to correct file date (ag). (Entered: 06/30/2022)
06/29/2022 987 Plaintiff EXHIBIT LIST as to USA. (ag) Modified on 6/30/2022 to correct file date (ag). (Entered: 06/30/2022)
06/29/2022 988 Defendant EXHIBIT LIST as to David Newland. (ag) Modified on 6/30/2022 to correct file date (ag). (Entered: 06/30/2022)
06/29/2022 989 Defendant EXHIBIT LIST at to James Dolan. (ag) Modified on 6/30/2022 to correct file date (ag). (Entered: 06/30/2022)
06/29/2022 990 Defendant EXHIBIT LIST as to Bruce Loveless. (ag) Modified on 6/30/2022 to correct file date (ag). (Entered: 06/30/2022)
06/29/2022 991 Defendant EXHIBIT LIST as to David Lausman. (ag) Modified on 6/30/2022 to correct file date (ag). (Entered: 06/30/2022)
06/29/2022 992 Defendant EXHIBIT LIST as to Mario Herrera. (ag) Modified on 6/30/2022 to correct file date (ag). (Entered: 06/30/2022)
06/29/2022 993 COURT EXHIBIT LIST (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41)(ag) Modified on 6/30/2022 to correct file date (ag). (Main Document 993 replaced on 6/30/2022) (ag). (Additional attachment(s) added on 6/30/2022: # 42 Exhibit 42) (ag). Modified on 6/30/2022 to add updated Court Exhibit List with Exhibit 42, Redacted Indicment (ag). (Entered: 06/30/2022)
06/29/2022 994 Jury Instructions (ag) (Entered: 06/30/2022)
06/29/2022 995 JURY VERDICT as to David Newland (1) Guilty on Count 1,2,13. (ag) (Entered: 06/30/2022)
06/29/2022 996 JURY VERDICT as to James Dolan (4) Guilty on Count 1,5,13. (ag) (Entered: 06/30/2022)
06/29/2022 997 JURY VERDICT as to Bruce Loveless (5), Hung on Counts 1,6,13. (ag) (Entered: 06/30/2022)
06/29/2022 998 JURY VERDICT as to David Lausman (6) Guilty on Count 1,7,12 and 13. (ag) (Entered: 06/30/2022)
06/29/2022 999 JURY VERDICT as to Mario Herrera (8) Guilty on Count 1,9 and 13. (ag) (Entered: 06/30/2022)

Plaintiff's Experts:

Defendant's Experts:

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