Silberman Informer Says He Doesn’t Issue Threats

Accused of coercing Richard T. Silberman into the second of the two deals at the heart of the San Diego financier’s money-laundering trial, government informer Robert Benjamin testified Friday that he is not the kind of person to make threats.

But Benjamin, an eight-time convicted felon, was not asked Friday whether, as Silberman contends, he pressured the prominent businessman into the deal by threatening Silberman’s family. Silberman’s attorneys ran out of time before they could reach that question, one of the central defense themes.

Called to the witness stand by defense attorneys, Benjamin did say Friday that he is not averse to fraud. And he said the federal government has paid him thousands of dollars since he became an undercover informer.

Benjamin, who had been portrayed by Silberman in testimony this week as “scary,” appeared at ease and relaxed as he testified. Street-smart and entertaining, his response to one question brought laughter from everyone in the packed courtroom, even District Judge J. Lawrence Irving.

Silberman, who fought back tears earlier this week when testifying about Benjamin, listened intently but impassively to Benjamin, who is from New York but is now in the federal witness protection program.

A one-time top aide to former Gov. Edmund G. Brown Jr., Silberman, 61, is charged with seven felony counts. He is accused of laundering $300,000 portrayed to him by an undercover FBI agent as the proceeds of Colombian drug trafficking. Silberman’s wife is San Diego County Supervisor Susan Golding.

If convicted, Silberman could face up to 75 years in prison. His trial, in which testimony began May 18, is expected to go to the jury by the end of next week, Irving said.

The defense team has made no secret of its focus on Benjamin, the key government informer in the case. Because of his eight convictions, which include bookmaking and bank fraud, lead defense lawyer James J. Brosnahan contends it was “outrageous” to use him in the case against Silberman.

Silberman testified earlier this week that Benjamin called him in January, 1989, and, in a “very loud, very scary and very threatening” voice, told him that if he (Silberman) sought to avoid harm to his family, he would “do this deal.”

Benjamin made another, similar threat a month later, Silberman said. That was just a few weeks before the second deal--a February, 1989, swap of $200,000 for U.S. Treasury bonds--went through.

The first deal in the complex case was a November, 1988, exchange of $100,000 for stock in a Silberman gold mine subsidiary. Silberman maintains that it was simply a legitimate business deal.

Since October, 1986, just after the FBI began an investigation of reputed mobster Chris Petti, through April, 1989, when that investigation led to Silberman’s arrest, Benjamin earned $124,558 for working on the case, Brosnahan showed Friday, citing government documents.

It was through Benjamin that Petti was introduced to undercover FBI agent Peter Ahearn, who was posing as Pete Carmassi, a front man for Colombian drug lords. It was through Petti that Silberman, who knew Petti from a barbershop where both frequently got their hair cut, subsequently met Ahearn.

Benjamin said $124,558 was “not really” good money. And Brosnahan suggested that, by the fall of 1988, when the investigation turned toward Silberman, Benjamin had a financial motive to keep the probe going.

“I don’t see it that way,” Benjamin said.

He agreed with Brosnahan, however, that he sought to supplement his income and “asked a lot of people for money” but did not issue threats when funds were not forthcoming.

“How many people did you threaten?” Brosnahan asked.

“Nobody,” Benjamin said. “How many did you ever threaten?” he asked the lawyer, drawing snickers from the gallery.

“Mr. Brosnahan gets to ask the questions,” Irving said.

“I was in prison for 12 years,” Benjamin said. “How many people did I threaten--20, 50, 100?”

Add it up, Brosnahan said. “One,” Benjamin said. It was unclear whether he was serious, and he did not elaborate.

“You are a person who, when you don’t get your way, threaten people, don’t you?” Brosnahan concluded. Benjamin said, “No, I don’t.”

At another point, Benjamin allowed, however, that he was not above fraud.

“You are capable of carrying out fraud?” Brosnahan said. “Oh, yes,” Benjamin said in a delighted voice, drawing laughs from the jury and everyone in the courtroom, even Irving.

Benjamin’s testimony is scheduled to resume Tuesday.