Police check for extortion

Las Vegas police are evaluating whether to pursue extortion charges against a counseling company for running a program some say reduced the burden on the valley's criminal justice system and others say bypassed it.

Detectives are investigating whether Steven Brox, owner of United States Justice Associates, extorted people detained by casinos for petty crimes, such as trespassing or disorderly conduct, by offering them an alternative to going through the police and court system.

While detained by the casinos, the accused were shown a "threatening" video offering them two options: get arrested by police and go to jail or enroll in Brox's counseling program and avoid the justice system. Brox's program charged a $500 fee, of which $100 was supposed to be given back to the casinos.

An affidavit for a search warrant of Brox's downtown business office stated the video was meant to "intimidate persons detained by hotel security to enroll into the program to obtain monies."

Those who chose to enroll in the counseling program would have a year to complete the program, which included signing an "admission of guilt" card, taking a class consisting of videos and workbooks that taught anger management and impulse control, and the $500 fee. The admission of guilt card would be forwarded to prosecutors should the enrollee fail to complete the program.

But Brox's defense attorney said the program was approved by the police department and recommended by a high ranking judicial official.

Lawyer Robert Draskovich added that his client isn't guilty of extortion because Brox never had contact with the accused when they were detained by the casinos. As of Friday it was unclear whether the investigation will result in charges against Brox.

"We are trying to determine whether or not we will even submit a case," said Deputy Chief Greg McCurdy.

McCurdy, who is overseeing the investigation, said detectives are reviewing the evidence that was collected from a search warrant executed Sept. 15.

The search warrant indicates that there is evidence suggesting Brox's program fits the criminal offense of extortion and extortion of confession.

According to the Nevada Revised Statutes, extortion is committed when someone gains money by threatening to accuse a person of a crime, injure a person or property, publish libel, to expose or impute a deformity or disgrace, or expose a secret.

Extortion of confession is committed when someone has another in custody and does not allow the person to call friends or an attorney or subjects any person to violence, intimidation, indignity or threats to gain a confession.

Draskovich said Brox isn't guilty of breaking either law because he did not have contact with the detainees when they were taken into custody by the casino.

All Brox did was give the casinos the video, Draskovich said.

As far as the $100 given back to the casinos, Draskovich said, it was to pay for administrative costs.

Draskovich said Brox had received approval of the video two years ago from former Clark County Sheriff Bill Young and current Sheriff Doug Gillespie. Young approved a police spokesman, officer Jose Montoya, to speak in the video, but he was removed because of concerns from Gillespie, Draskovich said.

Brox also received a letter of recommendation from then Las Vegas Chief Justice of the Peace Doug Smith.

Armed with Smith's recommendation and police approval, Brox offered the program to casinos as a way to help reduce the burden on the overcrowded justice system by steering those detained by casinos for petty crimes away from police and the courts and to his counseling service, Draskovich said.

Draskovich said a detainee who chose to go through the court system would likely end up before a justice of the peace who would order that person to take a counseling program similar to the one offered by Brox.

Police began their investigation after hearing concerns from a Planet Hollywood security chief about Brox's program. Director of Security Calvin Abercrombie told police that of the 65 people who chose to participate in the program, only two had completed it, according to the search warrant affidavit.

Draskovich said it's unfair to judge the success of the program based on those numbers because enrollees had up to a year to finish the program and it began at Planet Hollywood only in late February.

Sheriff Doug Gillespie said he was briefed on the program in 2007 by Brox and then Chief Justice of the Peace Doug Smith.

Smith has since been elected a District Court judge. Smith did not return calls seeking comment.

Gillespie said he didn't question the legality of the program at the time because of Smith's support and because it was used in Justice Court.

The only problem Gillespie had with the video was that it used a police spokesman, the sheriff said.

When asked why the police department has gone from approving the program to investigating it, Gillespie said, "I don't know if what I was briefed on became their pattern and practice."

The purpose of the investigation is to determine if what was depicted in the briefing two years ago is what truly occurred, Gillespie said.

A casino executive, who did not wish to be named, said casinos were interested in Brox's program because it could reduce security costs and liability concerns of casino properties who were detaining people for misdemeanors for a lengthy period.

Another casino executive, who was familiar with the program and also wished not to be named, said casino security would sometimes detain someone for a misdemeanor and have to wait four to six hours before police responded.

Because the crimes were considered petty by police it wasn't at the top of their priority list, the same executive said.

Brox's program offered a way for the casinos to "unload a suspect and free up security," without having to detain a person for hours, the executive said.

"An alternative program like this that reduces the burden on police and the courts has a lot of merit," the executive said.

Gillespie said that when the program was first brought to his attention in 2007, police staffing levels and response times were an issue. Because the department didn't have enough officers to respond to the numerous incoming calls, police had to prioritize, he said.

Gillespie acknowledged that someone detained by casino security for a misdemeanor would have to wait "long periods of time" or "hours" before an officer would show up. Over the last year, police response time to misdemeanors has improved because the department has hired more officers, Gillespie said.

Even though response times have gotten better, Gillespie said he wouldn't be surprised to learn that on a busy night in town -- specifically when there are special events such as fights or concerts -- that someone detained by casino security would have to wait "a couple of hours" for police to arrive. "But it's not at the level it was a few years ago," Gillespie said.

In the meantime, United States Justice Associates is no longer running, Draskovich said.

"Metro effectively shut it down. They came in with misinformation and shut down a viable, legitimate business that was providing a service to the courts and to the casinos," Draskovich said.

In an unrelated case, Brox was recently arrested on charges of sexually assaulting a minor. Draskovich said Brox will be exonerated of those charges, too.

Contact reporter Francis McCabe at fmccabe @reviewjournal.com or 702-380-1039.