Fishman's Sentencing Hearing

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA
DOCKET NO. CR 88 0616
DLJ CR 90 0357 DLJ

THE UNITED STATES OF AMERICA
PLAINTIFF

V.

STEVEN FISHMAN
DEFENDANT.

SAN FRANCISCO, CALIFORNIA,
JULY 20, 1990

TRANSCRIPT OF PROCEEDINGS

BEFORE THE HONORABLE D. LOWELL JENSEN

UNITED STATES DISTRICT JUDGE

(EXCERPTS FOLLOW:)

(Regarding Fishman's attempt to frame the Church of Scientology:)

THE COURT: COULD YOU GIVE ME JUST A BRIEF DESCRIPTION

OF WHAT THE GOVERNMENT WOULD BE PREPARED TO PROVE IN THIS

MATTER, MR. DONDERO?

MR. DONDERO: THE GOVERNMENT WOULD BE PREPARED TO

PROVE THAT MR. FISHMAN ALERTED THE FBI THAT HE HAD BEEN RECEIV-

ING THREATS FROM MEMBERS OF SCIENTOLOGY REGARDING HIS CASE

IN THIS DISTRICT; THAT THE DEFENDANT ON THE DATE IN QUESTION

CLAIMED THAT HE HAD RECEIVED A FURTHER THREAT WHICH HE TAPED AND

PROVIDED A COPY OF SAID TAPE TO THE FBI WITH A TRANSCRIPTION OF

THE RECORDING AND IN THAT PARTICULAR TAPE RECORDING THERE ARE

REPRESENTATIONS MADE WHICH SUGGEST THAT HE IS TO DO CERTAIN

THINGS TO TERMINATE PEOPLE'S INVOLVEMENT IN THE CASE. ALSO,

THIS PARTICULAR INFORMATION WAS PASSED ON TO THE FBI TO

INVESTIGATE. THE FBI DID INVESTIGATE IT AND SUBSEQUENTLY

LEARNED THAT IT WAS A MANUFACTURED PHONE CALL BETWEEN A PERSON

BY THE NAME OF SHANE JOHNSON TO THE DEFENDANT, THAT THE

DEFENDANT PAID MR. JOHNSON FOR THE MAKING OF THE PHONE CALL.

BY THE COURT:

Q: MR. FISHMAN, YOU UNDERSTAND THAT THE LAW PROVIDES THAT I

COULD SENTENCE YOU TO A TERM OF FIVE YEARS IN PRISON FOR THIS

OFFENSE AND FINE YOU $250,000?

A: YES.

Q: DO YOU UNDERSTAND THAT?

A: YES.

(Regarding Fishman's guilty plea to mail fraud:)

[THE COURT]: HAVE YOU [FISHMAN] BEEN THREATENED OR COMPELLED TO DO THIS IN ANY WAY?

A: NO.

Q: ARE YOU DOING THIS VOLUNTARILY?

A: YES.

Q: AND YOU'RE AWARE OF THE CONSEQUENCES THAT COULD FLOW FROM YOUR PLEA OF GUILTY?

A: YES, I AM.

THE COURT: MR. NURIK, IS THIS PLEA WITH YOUR CONSENT?

MR. NURIK: ABSOLUTELY.

THE COURT: THEN ARRAIGN MR. FISHMAN ON THE INDICTMENT ON THE FIRST CASE.

THE CLERK: STEVEN FISHMAN, YOU HAVE BEEN CHARGED IN A

TWO-COUNT INDICTMENT WHICH WAS ORIGINALLY FILED IN THE SOUTHERN

DISTRICT OF FLORIDA. COUNT 1 OF THAT INDICTMENT IS A VIOLATION

OF TITLE 18 UNITED STATES CODE SECTIONS 1512 Bl AND 2,

OBSTRUCTION OF JUSTICE. WHAT IS YOUR PLEA TO THAT CHARGE,

GUILTY OR NOT GUILTY?

MR. FISHMAN: GUILTY.

(The judge sentences Fishman for mail fraud and obstruction of justice:)

[THE COURT]: BUT IN TERMS OF WHAT SENTENCES OUGHT TO BE IMPOSED I

THINK MR. DONDERO IS CORRECT. THESE ARE VERY SERIOUS OFFENSES.

I'VE SAID THAT BEFORE AND I THINK IT'S OBVIOUS TO ANYONE THESE

ARE OFFENSES CARRIED OVER A PERIOD OF TIME. THERE'S MULTIPLE

VICTIMS. THERE IS CHOICE AFTER CHOICE AFTER CHOICE TO COMMIT

CRIMES, AND THEY DO THREATEN THE JUSTICE SYSTEM ITSELF. SO THAT

THE OFFENSES MERIT SEVERE PUNISHMENT. AND ONE OF THE PURPOSES

OF SENTENCING IS TO PUNISH, AND THAT IS ONE OF MY PURPOSES IS TO

SEE THAT PROPER PUNISHMENT IS IMPOSED IN THIS CASE.

.....

[THE COURT]: THE DEFENDANT IS HEREBY COMMITTED TO THE CUSTODY

OF THE ATTORNEY GENERAL OF THE UNITED STATES, OR ITS AUTHORIZED

REPRESENTATIVE, FOR IMPRISONMENT FOR A TERM OF FIVE YEARS ON

COUNT 11 OF THE INDICTMENT, AND THAT THE DEFENDANT SHALL BECOME

ELIGIBLE FOR PAROLE UNDER 18 UNITED STATES CODE SECTION 4205 (A)

UPON SERVING ONE THIRD OF SUCH TERM, AND IT'S ORDERED THAT THE

SENTENCE ON COUNT 11 SHALL RUN CONCURRENT WITH COUNT 8.

ON THE INDICTMENT CHARGING OBSTRUCTION OF JUSTICE THE

DEFENDANT IS SENTENCED PURSUANT TO THE SENTENCING FORMAT OF

1984. IT'S THE JUDGMENT OF THE COURT THAT THE DEFENDANT IS

HEREBY COMMITTED TO THE CUSTODY OF THE BUREAU OF PRISONS TO BE

IMPRISONED FOR A TERM OF SIX MONTHS. UPON RELEASE FROM THE

IMPRISONMENT — AND THE IMPRISONMENT IN THIS CASE WILL BE

CONCURRENT WITH THE TIME IMPOSED UNDER INDICTMENT 88 0166 — HE

WILL SERVE HIS TIME ON THE OBSTRUCTION OF JUSTICE COUNT

CONCURRENTLY. BUT HE WILL BE RELEASED FROM IMPRISONMENT AFTER

THE TOTAL TIME SERVED, AND UPON HIS RELEASE FROM PRISON THE

DEFENDANT SHALL BE PLACED ON SUPERVISED RELEASE FOR A TERM OF

TWO YEARS.