Extortion plot suspect stays in jail
A federal judge last week stayed a magistrate's order to release a suspected Israeli crime associate awaiting trial in a Las Vegas extortion case.
Chief U.S. District Judge Roger Hunt said prosecutors in their appeal raised "serious questions" that Lior Zaken poses a danger to the community and is a flight risk. In staying the release, Hunt said he needs more time to determine if Zaken could safely be freed pending trial.
The 38-year-old Southern California man was charged with four others in a plot to extort money from two Israeli-born businessmen, Moshe "Moshiko" Ozana and Moshe "Chiko" Karmi, who run small electronics and cosmetics kiosks at Las Vegas-area outlet malls. The case has focused attention on increased Israeli mob activity in Las Vegas.
The other defendants are Israeli citizens Moshe Barmuha, 37, and Yakov Cohen, 24, and two Russian-born brothers, Ruslan Magomedgadzhiev, 30, and Murad Magomedgadzhiev, 26. Cohen lives in Las Vegas; the other three live in Southern California. All are in custody.
Prosecutors say they have tied Barmuha to a "very powerful organized crime family" in Israel. His right arm was amputated below the elbow after a pipe bomb he planted underneath a rival's car in Israel prematurely exploded.
Earlier in October , prosecutors sought to keep Zaken behind bars while awaiting trial. They argued he was involved in the extortion scheme and plotted with Barmuha during a June 30 recorded jail conversation to obstruct justice.
But after an Oct. 14 plea from Zaken's lawyer, John Momot, U.S. Magistrate Lawrence Leavitt ordered Zaken released on $50,000 bail with several restrictions, including limiting travel between Southern California and Las Vegas to court appearances.
In a written appeal to Hunt, Assistant U.S. Attorney Kimberly Frayn argued that the June 30 jailhouse conversation indicates Zaken would try to intimidate the victims and witnesses if released.
"Through this telephone conversation, Zaken shows the court a chilling snapshot of his single-minded loyalty to furthering the goals of the criminal enterprise," Frayn wrote.
Zaken is facing more than 11 years in prison if convicted , and most of his family lives in Israel, Frayn said.
Momot said the magistrate correctly understood the June 30 recorded conversation in Hebrew between Barmuha and Zaken could be interpreted in ways other than a plot to intimidate witnesses.
Momot also noted that Zaken has no felony convictions and is committed to supporting his wife and two young children in California.
Zaken, described as "muscle" for Barmuha, runs a small company, Express Moving & Storage, out of Barmuha's Southern California home.
Frayn alleged that Zaken recruited the Magomedgadzhiev brothers on Barmuha's behalf to harm Karmi as part of the extortion plot. Ruslan Magomedgadzhiev worked for Zaken's company.
Frayn's court papers included part of a police report with new details about a Jan. 8, 2009, confrontation between Karmi and the Russian brothers, accused of attacking Karmi. In that incident, Karmi shot Ruslan Magomedgadzhiev twice, in the groin and calf.
Before driving to Los Angeles for medical treatment, they went to Barmuha's home and met with him and Zaken, the brothers told authorities Ruslan said he felt he had been "set up" and pressed Barmuha to pay his medical bills, which Barmuha did, the brothers reported.
A Las Vegas police intelligence unit detective and a U.S. Immigration and Customs Enforcement agent interviewed the brothers in Los Angeles in April 2009. Frayn in court papers indicated the brothers could strike plea deals.
Contact Jeff German at
jgerman@reviewjournal.com or 702-380-8135
or read more courts coverage at lvlegalnews.com.
