THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Thursday, September 7, 1995 TAG: 9509070433
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: BY JOE JACKSON, STAFF WRITER
DATELINE: NORFOLK LENGTH: Medium: 57 lines
A former Navy captain and Vietnam veteran who owned a defense contracting company in Virginia Beach was sentenced Wednesday to a year and a half in federal prison for selling counterfeit machine parts to the Navy.
On May 31, a federal jury found B&D Electric Co., its president, Edwin H. Brooks Jr., and two officers in charge of daily operations - Brooks' sons Stephen and John - guilty of conspiracy, trafficking in counterfeit goods and two counts of major fraud.
Edwin Brooks also was found guilty of obstruction of justice. He faced a maximum sentence of 25 years in prison without parole and a maximum fine of more than $2 million.
Brooks - a former Navy pilot and executive officer aboard a carrier - maintained his innocence throughout the trial and during the sentencing.
``I am an American patriot,'' he said Wednesday. ``I love this country. . . ships.''
Brooks and his sons were all charged with selling $1.5 million in counterfeit ``motor controls'' that were installed in Navy ships and submarines in 1989 and 1990. The machine parts were part of the fire control equipment installed in the ships' guided-missile systems, the government said.
Instead of selling new parts, B&D painted and reworked used surplus parts so that they looked new, said Assistant U.S. Attorney Ray Shepard.
Although there were never any record of the parts' breakdown introduced in trial, Shepard said the counterfeiting scheme put sailors' lives at risk and presented ``a threat to national security and military readiness.''
But Judge Richard L. Williams didn't buy the argument. Despite the jury verdict, Williams - who said during the hearing that he, too, was a Navy veteran - said he could find no proof of danger or recklessness.
He also disagreed with the government's $1.5 million estimate of loss and instead estimated the total loss at $116,932, based on his review of invoices.
However, Williams faulted Brooks and his sons for allowing the counterfeiting to occur. ``The head-in-the-sand defense does not apply in these cases,'' Williams said.
In addition to the year-and-a-half prison sentence, Williams fined Brooks $100,000 and ordered three years of supervision when he is released.
Stephen Brooks was sentenced to a year and three months in prison and fined $4,000. John R. Brooks was sentenced to five months in prison and fined $3,000.
The company, which has been liquidated since the charges were filed, was fined $150,000.
Edwin Brooks intends to appeal, he said Wednesday.
KEYWORDS: FRAUD U.S. NAVY TRIAL SENTENCING by CNB