Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, March 15, 1990 TAG: 9003152292
SECTION: VIRGINIA PAGE: B1 EDITION: METRO
SOURCE: DOUGLAS PARDUE STAFF WRITER
DATELINE: LENGTH: Medium
Immediately after Lucion was convicted last week, U.S. District Judge James Turk ordered him locked up because the government was afraid he'd flee the country if released on bond pending sentencing.
Lucion's Miami attorney, Joel Hirschhorn, however, said in documents filed in federal court that "the government has absolutely no proof whatsoever" that Lucion is likely to flee, and urged Turk to reconsider and let Lucion out on bond.
While the primary goal of the criminal justice system is punishment, Hirschhorn said, "a secondary goal which has become an important aspect . . . is restitution."
Hirschhorn said Lucion also needs to be freed on bond so he can adequately prepare appeal and defend himself in numerous lawsuits and bankruptcy.
"The continued detention . . . makes it impossible for him to earn any money whatsoever" to pay for his defense or negotiate settlement with his victims, Hirschhorn said.
In addition, Hirschhorn said, in the interests of "fair play" it's not right to keep Lucion locked up while Elmer Craft, his partner in the fraud scheme, is allowed to remain free on bond.
Craft, a Vinton accountant, pleaded guilty to his role in the fraud. He faces a possible 20 years, but has been allowed to remain free pending sentencing because he cooperated with the government and testified against Lucion.
Lucion, 40, faces a possible 35 years in prison. No date for sentencing has been set.
Assistant U.S. Attorney Peter Strasser, who prosecuted Lucion, said he firmly believes Lucion will flee the country if released on bond. He told Turk last week that Lucion moved from Roanoke to Miami three years ago shortly after the fraud scheme began unraveling. And, he said, when the court ordered Lucion to turn in his passport, he claimed it was lost in the mail. Lucion has nothing to lose if he flees, Strasser said.
Strasser said Lucion's victims also don't need him to be free to help arrange restitution or settlement. That's because the government is preparing to seize whatever remains of Lucion's money and property and divide it among the victims.
He is believed to have between $300,000 and $500,000 in money and property that can be seized.
The only money federal prosecutors can't seize is a $150,000 gold coin collection that Lucion gave to Hirschhorn to cover his defense.
However, Hirschhorn may have to turn over the gold coins to the federal bankruptcy court.
by CNB