‘Shortman’, other attorney also charged
Federal authorities in the US yesterday arrested Robert Simels, the attorney for drug-indicted businessman Roger Khan, for allegedly attempting to tamper with key witnesses expected to testify in the upcoming trial and the complaint said Simels offered money for the `neutralizing’ of a witness but pleaded for the witness’s mother not to be killed.
The incarcerated Khan and one of Simels’ associate identified in court papers as Arienne Irving were also to be arraigned in the conspiracy to interfere with the individuals’ testimony. Simels, who was picked up at his York Avenue law office yesterday, was to be arraigned later.
Simels’ dealings that allegedly ranged from a US$1,000 payout to discussions about ‘eliminating and neutralizing’ people were uncovered during an ongoing investigation into Khan’s drug transactions.
Simels is alleged to have had numerous discussions over a period of time with someone to locate certain individuals close to the case and to get them to rescind statements, not testify against Khan, and or even face possible ‘elimination’.
In an 18-page complaint filed in the Eastern District Court of New York, it was reported that sometime in May, Simels met with a police source and asked for assistance in locating the individuals he believed to be cooperating against Khan, and during subsequent discussions in June, July and August this year Simels discussed offering them money and even murdering their families.
Irving was also at a few of the meetings Simels had with the source and recordings that are on file reportedly captured Simels and Irving as conferring with Khan about the options of what to do when the persons are located before any discussions are held with the source.
The police source acting with law enforcement met with Simels wearing a recording device and recorded their conversations. He was surveilled by the authorities as entering Simels’ office for their first conversation back in May.
During those early discussions Simels asked whether the source would testify on Khan’s behalf saying that if the source did testify certain untruths would have to be told. He also spoke of individuals who they suspect would testify against Khan. Among the suspects were a woman, ‘Jane Doe 1’ and two men, ‘John Doe 1’ and ‘John Doe 2’. Simels named John Doe 1 as being crucial to the government’s case against Khan, explaining that the entire case is based upon John Doe 1.
Irving, who was also at the meeting, allegedly enquired as to the whereabouts of John Doe 1’s wife and girlfriend. Both Simels and Irving then agreed that the source could assist Khan by helping him locate possible government witnesses and or witness’ family members.
A short transcript of part of the alleged conversation between Simels and the source appears in the court documents:
Simels: Now, I guess this, the big question really, um, clearly we’re not saying, we’ll never say that Roger’s involved in any drug dealing, we’re going, he is going to be described to the jury as somebody who builds homes, somebody who got a, a, a truck, uh, bus, whatever you want to call it that feeds homeless children, uh, that he’s in the timber business.
Source: True.
Simels: So I know earlier you said that, Roger, you described him as a boss, uh, but we
Certainly would not want to describe him as being a drug dealer.
Source: No, we don’t want…..
Simels: Bet we certainly don’t want to….
Source: ….true
Simels: …..describe him as being the boss.
Source: True, true, I understand
Simels: Okay
As the conversation continued the confidential source (CS) raises the issue of getting Khan’s approval before agreeing to testify or help find the witnesses and Simels instructs him to write a letter. Irving suggests an email which they would personally deliver to Khan without anyone getting to read it. The CS kept insisting on Khan’s approval and was informed that his request would be met.
A federal investigator with the knowledge of the source then emailed Simels for him to pass it onto Khan. The email raised questions of what he [Khan] wanted to be done and made mention of John Doe 1. Simels responded to the mail saying that Khan would receive it. Records at the Metropolitan Correctional Center federal detention centre where Khan is being held revealed that on the following day Irving paid him a visit.
Shortly after Irving emailed the source a letter that Khan allegedly wrote to the CS that said, “Thank you for everything. I really need your help. Do not be afraid to tell all that you know, there are my lawyers and you can trust them”.
Simels and Irving then again met with the source and on this occasion the lawyer reportedly stated that he wanted John Doe 1, “not to testify at Khan’s trial”, or “we need to know every detail of his life”. Simels reportedly went onto explain that the government’s whole case ‘falls apart’ if John Doe is neutralized by “us or neutralized by us on cross-examination”, furthering explaining that they should explore both options.
According to the court papers, the source then points out that John Doe might rethink his position once they start reaching out to the family members. Simels then said, “it would be nice if John Doe 1 decided that he wanted to see me and sign an agreement saying everything he said was a lie”.
As the discussion builds around the payment of government witnesses to induce them not to testify, Simels is alleged to have said to the source that whatever Khan got to do financially he will do to resolve “these issues”.
“There is money that is available. The only issue I have to know is just what. And, and that they can let us know”, Simels is alleged to have said.
Simels also discussed Jane Doe 1 with the source and reportedly promised to provide him with information regarding her, including her address and place of employment while noting that she is an important government witness- the only witness who could introduce the “so-called drug ledgers” into evidence against Khan. He then states that any witness the source can eliminate is a good thing.
In discussing the plan to ‘eliminate’ and ‘neutralise’ witnesses, the CS asked Simels about the possibility of “heat” coming back to Khan if a government witness stops cooperating and refuses to testify because someone close to them disappears and Simels is alleged to have said, “They’d have to figure out a way to tie it back to Roger. But it seems to me that, that I’m going to leave it to you to figure out what’s going to best get to him [John Doe 1]”.
The source then mentions money to cover expenses in locating and ‘neutralising’ government witnesses, including the cost of acquiring prepaid and unregistered cellphones. Simels then informs the source that he would deliver the request to Khan and that he would be in contact after seeing Khan. Irving visited Khan two days later, according to prison records.
Within a few days Simels allegedly sent an email to the source that came from Khan. It said, “Simply [Khan] says be careful in your efforts to gather information, and do not do anything that can be misconstrued by anyone. These are difficult times and people will draw the most unfavourable inferences. So be cautious. Have authorization for payment for gathering materials”.
Simels then left for Guyana and was in the US when the source made contact around June 17, 2008 but Irving related that she would contact him. Irving then confirmed that she had seen the email sent to the source by Simels. She went to say;
“Because he [Simels] sent out in relation to some of the people, I saw, I saw, the, email that he sent you. Because I had met with Roger..looking for the people that you know…yeah, which ah, because I had met with Roger , so then he [Simels] emailed you after that”.
She went on to say that Simels would meet with the source when he returns to the US because, “I know he definitely wants to meet up with you again, talk about everything and give you some money, because I know you need money to get started and everything”.
The source later met with Simels and the conversation was again recorded, and it was during this meeting that Simels paid out the US$1,000. The two had this exchange:
Simels: Here’s a thousand dollars to get started.
Source: Alright, no problem.
Simels: Um, all he [Khan] says is be careful. He says don’t kill the mother.
Source: Don’t kill the mother.
Simels: He said you know, said just, just…
Source: So what other option would be prefer.
Simels: He doesn’t want you anywhere near her.
Source: No, no, no, no, no, no, no, no, I, I, can’t get anywhere near it. That’s why
I’m asking about options does he prefer, you know? So I can know what I am doing. I do exact so what, what I know well he can’t say well you know I didn’t approve it.
Simels: Well, he’d like as much pressure being put on John Doe 1 as possible. Uh, but he thinks that if [John Doe 1]’s mother gets killed that…
Source: ….it takes…
Simels: …the government will go crazy. Uh, and he’s probably right. That, that they’ll put him into the, the SHU, special housing unit, limit his phone calls, limit my access to him. So…
Source: That is why I really didn’t find out with him ‘cause after I got your email I said well you know let me just read until, well, you know, we meet, you know, and talk let me know exactly well…
Simels: Yeah, I mean he wants to do….
Source: …what advice you got
Simels: ..whatever needs to be done, then obviously, if you can find [John Doe 2], great, If you can find [Jane Doe 2] who was…
Source: So he want, you want me now to deal with then though? [John Doe 2] and these other people.
Simels: What’s that?
Source: What would he want me to do now with them [John Doe 2] and these other people.
Simels: What’s that.
Source: What would be want me to do now with them [John Doe 2] and the other people.
Simels: With [John Doe 2] he said you can deal with [John Doe 2] however you think that [John Doe 2] has to be dealt with in, terms of finding out where he is in this thing. If he’s cooperating, that it’s a bad thing. Uhm, if he’s not cooperating and he wants to talk about [John Doe 1] um, then we want him to talk to us about [John Doe 1]. I., I don’t think he cares about [John Doe 2] in terms of, of…’cause I don’t think they, they will put the heat on him that, that screwing around with the mother would. I mean doing something violent or…
There was a subsequent meeting between the source and Simels when the lawyer was reportedly informed that John Doe 1’s girlfriend [Jane Doe 2] was willing to testify in conformity with Khan’s defence. Simels then discussed with the source how much money she wanted asking whether it was 5,000; 10,000 or 20,000. During the meeting Simels is alleged to have typed a document detailing what he wanted Jane Doe 2 to say and handed it to the source that later provided it to law enforcement.
In part, the document contains claims that John Doe 1 is affiliated with terrorist organizations and stated that John Doe 1 intended to testify falsely against Khan. The document had blank spaces in which Jane Doe 2 was to add names.
The source later telephoned Simels to say that Jane Doe 2 wanted $10,000 and stated that for that price the source would get her to sign the proposed document, which needed some restructuring and have her signature notarized.
In a subsequent telephone conversation Simels said he wanted to meet Jane Doe 2 to get her to sign an affidavit. He then reportedly instructed the source to tell her that she would receive no money until she met with him [Simel].
“Tell her that obviously she can’t get any money until she meets with me, but I will make that arrangement with her… she’s got to meet with me, if she does it and she signs the document she gets half then and she gets half when she, ah, finishes testifying”, he was recorded as saying. Simels then said that he planned on visiting Khan to fill him in with everything.
There were several other conversations between Simels and the source both in person and over the telephone and the lawyer was informed that Jane Doe was reluctant to meet. Simels repeated that she would get no money until they met. He explained it during a conversation as, “Nobody wants to pay for a pig in a poke, that is, to give people money without knowing what they are getting”.
Khan is charged with 18 counts of conspiracy to import cocaine into the US between 2001 and 2006 and with heading a criminal enterprise. He is also charged with violating the narcotics law of the US. Currently, Khan’s local lawyers are before the High Court seeking to have the depositions of several local witnesses be taken for use as evidence in his upcoming trial.
The US has argued that Khan is dangerous and therefore an anonymous jury is required for the trial. It has argued that he has access to the resources he had alleged he used in fighting crime in Guyana. The new charges against the trio are likely to further set back the trial.
