After deliberating 9 1/2 hours over two days, a federal jury convicted a former Homeland Security supervisor Oct. 4 of lying to the FBI about providing confidential information from law enforcement databases to a man who faked being a Homeland Security agent.
Johnny Martin, 60, of Chula Vista, denied the charge when he testified last week in his 3-day trial. U.S. District Court Judge Gonzalo Curiel allowed him to remain free on $50,000 bond.
Curiel set sentencing for Jan. 17 and he could receive five years in federal prison and a $250,000 fine. A seven man, five woman jury began deliberations Oct. 3 in a trial that began Sept. 30.
Martin’s attorney, Eugene Iredale, said Monday that FBI agents asked “vague and confusing” questions to Martin in the first interview. Martin initially denied sending information to Rafael Hastie, who later pleaded guilty to conspiracy to commit wire fraud and was sentenced to 46 months in prison.
Iredale said Martin the next day gave a more complete interview to the U.S. Attorney’s office, but he was only charged with one count of lying to the FBI in his first interview. Iredale said Martin thought Hastie was an immigration attorney in Mexico.
Hastie and an El Cajon man, Hardev Panesar, used some of the information sent by Martin via e-mail to defraud victims who paid them money thinking they were Homeland Security agents. Hastie was later ordered to pay $942,310 to victims. Panesar is to be sentenced this week, but he had no contact with Martin.
“This immigration scam was successful, in part, because a government official betrayed his badge and then lied about it,” said U.S. Attorney Robert Brewer in a press release.
“No one, including members of the law enforcement community, is above the law,” said Brewer.
“No matter your role, status, or position in the community, it is a federal crime to lie to the FBI,” said Special Agent in charge Scott Brunner.
“Lying to an FBI agent as part of an investigation is not only fundamentally wrong but could place lives in danger and frustrate the administration of justice,” said Brunner.
“Law enforcement officials are held to the highest standard and integrity is at the core of those standards,” said Pete Flores, Director of Field Operations for U.S. Customs and Border Protection.
Brewer praised prosecutors Andrew Young and Megan Heesch as well as the FBI.
Iredale has already filed a motion for a new trial and a motion for entry of judgement of acquittal. A hearing on those motions was set for Jan. 10. The motion faulted FBI agents for “the lack of precision of questioning” when they interviewed Martin the first time.
Iredale said Martin retired after working 30 years in federal law enforcement.
