Prosecutors Seek 10-Year Term for Montoya on Corruption Counts

Federal prosecutors are urging that former state Sen. Joseph B. Montoya, convicted of seven political corruption charges, be sentenced to prison for as long as 10 years and one month, according to documents filed in federal court. U.S. Atty. David Levi, whose office is conducting an ongoing Capitol corruption probe, argued that Montoya should serve a particularly stiff sentence because the ex-legislator lied at his trial and sought to withhold damaging evidence.

“The political corruption he engaged in and for which he had a reputation is particularly insidious,” Levi said. “Such corruption is easily concealed. When the government is able to penetrate the wall of fear and friendship which protects corrupt public officials, the sentence should aim for the maximum deterrence possible.”

Montoya faces a maximum of 140 years in prison for his conviction on charges of racketeering, extortion and money laundering. Under federal sentencing guidelines, Levi contends that the former Democratic senator from Whittier should be sentenced to between 97 and 121 months in prison.

Montoya is scheduled to be sentenced on April 26 by U.S. District Judge Milton L. Schwartz. Dozens of the former senator’s supporters have submitted letters urging leniency and citing his efforts to help groups and individuals in the past.

But Levi argued that Montoya’s corrupt activities and his efforts to conceal his wrongdoing call for a harsh sentence under federal rules.

“One of the most troubling aspects of (Montoya’s) testimony at trial is that he simply lied when he thought it was in his interest,” Levi said.

In particular, the prosecutor accused Montoya of lying on the witness stand about his role in passage of a bill sponsored by a bogus FBI company seeking special treatment from the Legislature. Montoya had been videotaped receiving $3,000 from an undercover agent representing the “company.”

Levi said Montoya’s failure to provide incriminating documents that had been subpoenaed by the U.S. attorney’s office also calls for a tougher sentence. Among the documents that Montoya did not turn over was a “schedule of fees” he had sent to former sports agent Michael Trope seeking $10,000 in honorariums and campaign contributions.

In a separate action, federal investigators have broadened their inquiry into the office of Assemblywoman Gwen Moore (D-Los Angeles), subpoenaing her campaign contribution records and files on six bills she authored between 1985 and 1988.

Four of the bills would have changed the regulation of alcoholic beverages. Moore’s husband, Ronald Dobson, is in the liquor and wine distribution business, but it is unclear whether any of the bills would have affected his interests.

In addition to Moore, investigators are looking at the activities of one of her former aides, Tyrone Netters. Both Moore and Netters accepted money from undercover agents posing as businessmen.

Harland W. Braun, Moore’s attorney, said the assemblywoman has done nothing wrong and ultimately will be vindicated. He accused Levi of dragging out the investigation even though there is no evidence of wrongdoing.

“What is this, Chinese water torture?” Braun asked. “Why don’t they go public with their accusations? Because there’s nothing there.”

Meanwhile, the trial of former Sen. Paul Carpenter, now a member of the State Board of Equalization, on four counts of racketeering, corruption and conspiracy has been set for Aug. 13.