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Jul. 10, 2006
Copyright © Las Vegas Review-Journal


Proposed forfeiture too high, lawyer for former official says

By DAVID KIHARA
REVIEW-JOURNAL

Former Clark County Commissioner Mary Kincaid-Chauncey shouldn't have to forfeit anywhere near as much money as the federal government wants in connection with her corruption convictions, her lawyer argued in a court document filed Friday.

The federal government wants at least $60,000 and as much as $100,000 from Kincaid-Chauncey as a result of her convictions related to bribes supplied by former topless club owner Mike Galardi.

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Her lawyer, Richard Wright, on Friday filed a response to the government's proposed order of forfeiture, saying that Kincaid-Chauncey should pay between $9,000 and $24,000.

Wright's filing also argues that the forfeiture proposed by prosecutors would have the effect of increasing the maximum penalty for the offenses for which Kincaid-Chauncey was convicted and that the due process clause of the Fifth Amendment and trial guarantees of the Sixth Amendment "demand that such factual determinations be submitted to a jury and proven beyond a reasonable doubt."

Wright notes that Kincaid-Chauncey admitted to receiving $9,000 from strip club owner Michael Galardi and the club's lobbyist, Lance Malone, during the political corruption trial. He argues that she should only pay that much.

The most she should pay is $24,000 because that's the most that prosecutors said she accepted during the trial, Wright's filing notes.

During the trial, Kincaid-Chauncey testified that she accepted the $9,000 on behalf of family members. Galardi, however, said he paid her $70,000 to $80,000 in bribes.

A federal jury in May found Kincaid-Chauncey and former Clark County Commissioner Dario Herrera guilty of multiple counts, and they are each expected to face about 33 months in prison. Kincaid-Chauncey and Herrera are scheduled to be sentenced on Aug. 21.

They were indicted in November 2003 on charges of conspiracy, wire fraud and extortion related to allegations that they took bribes from Galardi in exchange for favorable votes while they were in office.

In a proposed order filed on May 22, the government said Kincaid-Chauncey should forfeit $60,000.

In a June 14 filing, the U.S. attorney's office said Kincaid-Chauncey should pay $100,000.

In his July 7 filing, Wright said "the basis for this expensive demand remains elusive."

"There is no plausible theory for multiplying one unlawful payment of $5,000 threefold simply because the payment violated three different criminal statutes," Wright's motion notes.

One unlawful payment of $5,000 should result in one $5,000 forfeiture judgment even though that "payment is criminalized by the conspiracy, wire fraud and Hobbs Act charges," the filing states.

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