Civic Groups Leader and Sons Held in Austrian Jail : Prominent Family Fights Extradition on Pot Charges

Linda Leary was president of civic groups and donated time to causes--to all appearances a well-to-do, community-minded woman.

One son, Paul Heilbrunn, was a commodities broker and columnist for a local business journal. The other, Richard Heilbrunn, lived on a farm outside town.

But all three now are being held in an Austrian jail, fighting extradition to face charges they ran a marijuana-smuggling ring so big that authorities say the people hired to count money were told to not bother with $1 bills.

Arrested in May

Leary and her sons left the United States in 1985, two years before their November, 1987, indictment. They weren’t arrested until May--Leary was released but re-arrested this month after the U.S. government protested--and attorneys on both sides of the case say it could be years before they are tried.

“At this point it’s completely in the hands of the Austrian government,” said Deputy U.S. Attorney John Thar. “Obviously, I would feel better if I were in control, but that’s just the way it is.”

Thirty-four people were named in the 136-page indictment outlining what federal authorities said was one of the largest marijuana-smuggling rings ever uncovered. It allegedly touched 11 states and moved at least 250,000 pounds of marijuana; employees counted as much as $15 million at a time.

Likely to Flee

The family knew it was under investigation--Paul Heilbrunn had testified before a grand jury --so “it wasn’t terribly surprising that they fled,” said U.S. Attorney Deborah Daniels. “Anybody that has that much money and knows there is an investigation is a likely flight suspect.”

Daniels and her staff bided their time, waiting for officials in Washington to process hundreds of pages of documents at the Justice Department, translate them into German and move them through the State Department to Austria.

The three were first arrested May 24 in Austria under the International Convention of Narcotics. There is no U.S.-Austria extradition agreement.

“They had no indication they were going to be taken into custody,” said Bernard L. Pylitt, an Indianapolis attorney representing Leary. “I have no idea what the Austrian government is going to do in this case.”

Home Near Salzburg

Paul Heilbrunn, who shares a home near Salzburg with his wife and two children, “believes if he returns to the United States he will not get a fair trial,” said Linda Pence, his attorney here. “The attitude toward drugs is such that it clouds everyone’s minds as to guilt and innocence.”

“We’re very hopeful the Austrians will give them their release,” Pence said. “Paul did not flee, he did not leave that country at all. He knew an extradition request was pending. He’s not going to flee.”

Pylitt and Pence said they did not know if Richard had an attorney here.

Leary and her sons might have been likely to flee in the eyes of federal authorities, but to all appearances they were unlikely criminals.

‘Outstanding Citizen’

Leary, 58, had been president of the Indianapolis League of Women Voters and the local chapter of the National Council of Jewish Women. She was “an outstanding community citizen,” said Robert Davies, a family attorney who was acquitted in March of money-laundering and conspiracy in the case.

“She did a lot of things for the community. She was in every organization,” Davies said. “She was in leadership positions. She gave the (impression) of being a well-to-do, community-spirited person.”

Paul Heilbrunn, 35, was a “very charming, bright guy,” Davies added.

However, authorities say Paul led the ring in partnership with a man Thar identified as Jeffrey B. Collins, an escapee from a Florida prison. Richard was one of three lieutenants immediately under the two partners, Thar said. Leary helped manage money laundered by dummy companies in the Bahamas and Panama.

Marijuana Stolen

The indictment says the ring imported at least 140,000 pounds of marijuana in 1985 alone, storing it on a farm in northern Indiana and near Ann Arbor, Mich. When robbers stole 6,000 pounds from the farm, eight employees were given voice stress tests. The loss ultimately was absorbed by the Heilbrunns, Collins and unindicted co-conspirators Richard I. Bernstein and Charles E. Stocksdale.

The ring operated in Indiana, California, Connecticut, Washington, Alabama, Mississippi, Georgia, South Carolina, Florida, Michigan and Virginia, according to the indictment.

Leary faces 12 counts, including conspiracy to distribute marijuana, money-laundering and interstate transportation in aid of racketeering. Paul faces 26 counts, including conspiracy to import and distribute marijuana and running a continuing criminal enterprise. Richard, 38, faces nine counts.

Tax-Related Counts

However, they could not be prosecuted on 21 tax-related charges if they are extradited under provisions of the International Convention of Narcotics. Eight of Leary’s counts are tax-related, as are 10 of Paul’s and three of Richard’s.

“We’re in the waiting process,” said Daniels, who nonetheless is happy with other results in the drawn-out case.

“I think we’ve been real successful. We’ve convicted everyone we’ve gotten our hands on. The people who’ve fled to Austria, there was nothing we could do to stop that, and we have every reason to believe they’ll be extradited.”