LOS ANGELES – Former Los Angeles County Sheriff Lee Baca has agreed to plead guilty to a felony charge of making a false statement to federal authorities who were conducting a wide-ranging corruption and civil rights investigation into the Sheriff's Department.
In a plea agreement filed this morning in United States District Court, Baca admitted that he lied to the FBI and the United States Attorney's Office when he falsely stated that he did not know that LASD officials were going to approach the FBI's lead agent on the investigation in 2011. In fact, Baca was aware that his deputies were going to contact the agent, and he directed that they “should do everything but put handcuffs” on her, according to his plea agreement.
During an April 12, 2013 meeting with FBI agents and Assistant United States Attorneys, Baca falsely stated that he was not made aware of his deputies contacting the FBI case agent until he received a phone call from the FBI's then-Assistant Director in Charge of the Los Angeles Field Office, who told Baca that deputies had threatened to arrest the agent. In the plea agreement, Baca admitted that he knew his statement was untrue and that it was illegal to lie to federal investigators.
“Today's charge and plea agreement demonstrate that illegal behavior within the Sheriff's Department went to the very top of the organization,” said United States Attorney Eileen M. Decker. “More importantly, this case illustrates that leaders who foster and then try to hide a corrupt culture will be held accountable.”
The threat to arrest the FBI case agent was part of an extensive scheme to obstruct justice which previously has resulted in eight LASD deputies with ranks as high as captain being convicted of federal charges. The ninth person to be charged in relation to conspiracy to obstruct justice – former Undersheriff Paul Tanaka – is currently scheduled to go on trial on March 22.
During the course of the investigation that was being conducted by the FBI, the U.S. Attorney's Office and a federal grand jury, a sheriff's deputy assigned to the Men's Central Jail accepted a bribe to smuggle a cell phone into the facility. The phone was delivered to an inmate who was working as an FBI informant. Jail officials later discovered the phone, linked it to the FBI and determined that the inmate was an informant. This led to a month-long scheme to obstruct the investigation, which included members of the conspiracy concealing the informant from the FBI, the United States Marshals Service and the grand jury. Members of the conspiracy also engaged in witness tampering and harassing the FBI agent.
Baca participated in a September 25, 2011 meeting in which senior members of the department discussed approaching the FBI case agent. The next day, two LASD sergeants approached the agent and threatened her with arrest.
During the 2013 meeting with the FBI and Assistant United States Attorneys, Baca denied knowing about the plan to approach the case agent, and he also denied participating in conversations about “keeping the FBI and Inmate AB away from each other,” according to the statement of facts in the plea agreement.
“One of the measures of an organizational culture is how it handles its allegations of misconduct,” said David Bowdich, Assistant Director in Charge of the FBI's Los Angeles Field Office. “Mr. Baca set the wrong command climate and allowed that culture to fester, instead of fostering an environment of accountability. In short, he did not lead when he had the opportunity to do so.”
In the plea agreement, the parties agree that the federal sentencing guidelines call for a sentence of up to six months in federal prison, and they have agreed that Baca should not receive a sentence above the guideline range. Once he pleads guilty, the actual sentence will be determined by the federal judge presiding over the case. But if the court decides to impose a sentence greater than six months, Baca would be allowed to withdraw from the plea agreement and face a possible indictment.
Baca made his initial appearance this morning in federal court, and he is expected to formally enter his guilty plea this afternoon at 2:30.
The case against Baca is the result of an investigation by the FBI, and is one in a series of cases resulting from an investigation into corruption and civil rights abuses at county jail facilities in downtown Los Angeles. As a result of the investigation, 17 current or former members of the Los Angeles Sheriff's Department have now been convicted of federal charges. If a federal judge accepts the plea agreement this afternoon, Baca would become the 18th person to be convicted.
Ex-Sheriff Admits in Plea Agreement that He Lied to FBI and U.S. Attorney's Office about Deputies Contacting FBI Agent who was Threatened with Arrest
USAO – California, Central Updated February 10, 2016
Central District of California DOJ / 16-027 / February 10, 2016