2 Ex-Judges, Lawyer Face Bribe Charges

A prominent attorney and two former judges were indicted Wednesday on charges of bribery and 16 counts of mail fraud in a courtroom scandal in which another ex-judge and a local car dealer have already pleaded guilty.

The indictment accuses attorney Patrick Frega Jr., 51, a successful civil litigator, of providing gifts, cash and favors to ex-Superior Court Judges G. Dennis Adams, 54, and James Malkus, 58, in exchange for help with cases.

U.S. Atty. Alan Bersin, who led the 18-month investigation, said the charges “depict a pattern of misconduct at odds with the concept of an impartial judiciary, which is essential to the rule of law and a robust democracy.”

Robert E. Walsh, special agent in charge of the San Diego office of the FBI, said the judges “sold their offices for money.”

The case is the largest judicial corruption case since the “Greylord” sting operation in Chicago in the 1980s, in which more than a dozen judges were convicted of corruption.

Frega was arrested and arraigned Wednesday and pleaded not guilty. Adams and Malkus are expected to surrender and be arraigned this morning.

The indictment depicts a pattern of phone calls, private meetings and back-room dealings involving 163 separate acts. The mail fraud counts involve phone calls and letters.

Frega’s attorney, Dennis Riordan, promised a vigorous defense and said prosecutors have put the most sinister interpretation possible on a friendship between a lawyer and three judges. “Patrick Frega has never offered a bribe to any judge,” Riordan said.

Frega was once named trial lawyer of the year by his peers for his work representing “the little guy” against insurance companies, big corporations and other behemoths.

Ex-Judge Michael Greer, 61, pleaded guilty March 11 to being the central figure in a conspiracy that allegedly lasted a dozen years in which Frega got preferential treatment for his clients, including a trainer suing Sea World after being mauled by a killer whale.

Greer, suffering from severe diabetes, depression and a heart condition, has been offered probation by prosecutors in exchange for his testimony against Frega, Adams and Malkus. Riordan discounted Greer’s plea, noting that Greer is in ill health and needs to avoid prison to stay alive.

Car dealer James Williams Jr., 49, also pleaded guilty in March, agreeing to pay a $500,000 penalty and provide testimony. He admitted lying to the state Commission on Judicial Performance at the behest of Frega.

Prosecutors allege that the three judges offered assistance to Frega in more than 40 cases, involving untold millions of dollars. Bersin said no other judges or lawyers are being investigated.

For a judge to be convicted of bribery, prosecutors need not prove that the verdict in the case was “fixed,” only that the judge provided improper assistance. There is nothing in the indictment to suggest that any case came out differently than it would have if Frega had not allegedly bribed the judges.

According to the indictments, Frega provided more than $100,000 in gifts and payments to the three judges, with more than $75,000 of that amount going to Greer.

Frega allegedly paid for cars and car repairs, found jobs for the judges’ children, provided free legal assistance, and picked up the tab for bay cruises, expensive dinners, furniture, computers, groceries, health club memberships and vacations.

In exchange, the judges allegedly provided favorable rulings on motions, helped him prepare witnesses for trial, arranged for Frega to use their courtrooms for mock trials, and met with him privately while hearing his cases.

In one case, Greer acted as the settlement judge and allegedly met with Frega ahead of time to develop “a script” to get the other side to increase its settlement offer to avoid trial.

In another case, Adams presided over a settlement conference involving homeowners who thought that the builder of their homes had done shoddy work. Two weeks later Frega allegedly paid $1,000 to hire a ghostwriter to help Adams pen a war novel.

During his term as presiding court judge, Greer had the authority to decide what judge would hear what case. He routinely sent Frega’s cases to Adams and Malkus.

Greer and Malkus resigned in 1993 during an investigation by the state Commission on Judicial Performance. Adams fought back and was ousted in 1995 by the California Supreme Court. All three had been appointed to the bench by then-Gov. Edmund G. “Jerry” Brown Jr.

Frega was arrested by FBI agents while riding his bicycle near his sister’s home in Escondido. Tall and athletic, Frega looked relaxed and confident during a brief bail hearing before Magistrate Roger McKee. He chatted amiably with federal marshals.

Prosecutors wanted Frega to post $3-million bond. His San Diego attorney, John Mitchell, suggested $600,000, and McKee settled for $1.2 million.

Frega was released after posting a bond backed by the deed to a $600,000 home his estranged wife owns in Aurora, Colo., and the equity the Fregas have in a Rancho Santa Fe home valued at $1.2 million.

Along with the bribery and mail fraud counts, Frega is accused of racketeering, a charge alleging that he ran his business in a continuously corrupt fashion.

Assistant U.S. Atty. Charles G. La Bella told McKee that prosecutors believe Frega has had assets of more than $10 million but has distributed them in various ways since being informed last year by the government that he faced indictment.

La Bella said Frega has deeded his interest in the Rancho Santa Fe home to his wife, who is divorcing him. Even though they are legally separated, Frega’s wife signed papers allowing the Colorado and Rancho Santa Fe homes to be used as bond.

U.S. Judge Edward Rafeedie of Los Angeles will preside over the cases since all San Diego federal judges have removed themselves because they know the defendants.

Adams, who is being represented by a public defender, is married to Superior Court Judge Barbara Gamer. They wedded while he was under investigation, and a prenuptial agreement separates their assets. He qualified for a public defender because his earlier divorce settlement left him with insufficient resources.