Judge has mercy on Samoan adoption scam defendants; no prison time

Judge has mercy on Samoan adoption scam defendants; no prison time

By Pamela Manson And Steve Gehrke

The Salt Lake Tribune

Posted: 02/25/2009 01:01:01 PM MST

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judge on Wednesday rejected pleas from adoptive parents who asked him
to hand down jail time to four people prosecutors say helped trick
Samoan parents into giving up their children through the now-defunct
Focus on Children agency.

U.S. District Judge David Sam instead sentenced the four to five years
of probation and ordered them to contribute to a trust fund to help
adopted children stay in touch with their birth families. In handing
down the sentences, Sam said the case "cries out for a sentence that's
restorative rather than punitive."

"We don't want to put these people in prison and have them kept from
doing anything," Sam said. "They can address the interests of the
children to restore the damage that has been done."

But adoptive parent Mike Nyberg said in court the penalty "should be
far greater than a slap on the hands."

Nyberg recounted for Sam the day he and his then-wife picked up their
new daughter from a plane that landed in New Zealand. The devastated
4-year-old had messy hair, scabies, and was clutching a small
basketball, he said.

The couple were told the basketball was a small going-away gift given
by her Samoan parents, but Nyberg said he later learned his daughter
was taken from her birth parents under false pretenses. The parents
had taken her to a home to be cared for for a while, but thought they
could go back to pick the girl up, Nyberg said.

Elizabeth and Gary Muenzler, who adopted a Samoan girl through FOC,
told Sam both the adoptive and birth families involved had been put in
their own "personal prison."

"We lost years of her childhood and so did she," said Elizabeth
Muenzler, "and now we are dealing with an emotional albatross
forever."

Elizabeth Muenzler said she prays that someday the defendants will
have to answer to all of the Samoan children in person.

Sentenced were Scott Banks, 47, who held a management position at the
agency, on five counts; Karen Banks, 46, who also held a management
position, five counts; Coleen Bartlett, 52, who, among other duties,
facilitated the adoption of Samoan children, two counts; and Karalee
Thornock, 36, who served as a Pacific Islands case worker, one count.

Focus on Children itself, which entered a guilty plea to a felony
count of conspiracy through its court-appointed defense attorney, was
ordered to pay $400 in special assessment fees.

A fifth defendant, Dan Wakefield, who helped locate children in Samoa
to be placed for adoption, has pleaded guilty to five counts of the
misdemeanor and will be sentenced next month.

Prosecutors accused the four of conspiring to arrange adoptions that
violated U.S. immigration laws, and alleged the scheme included lying
to Samoan birth parents and American adoptive parents. As part of a
plea bargain with the U.S. Attorney's Office, the four pleaded guilty
to aiding and abetting the illegal entry of an alien, a misdemeanor.
Dozens of felony charges against them were dropped and prosecutors
recommended probation.

In addition to contributing to the trust fund, Scott and Karen Banks
were required to:

» Participate in a news conference where they will talk about the case
to educate the public and others who might be engaged in similar
conduct. But they are not expected to appear at a press conference
later Wednesday.

» Meet with prosecutors and the State Department to provide
information on FOC's adoption practices in Samoa, Guatemala and other
countries to see if adjustments need to be made in U.S. laws.

» Relinquish all rights in adoption documents, photographs and other
papers related to Samoan adoptions.

A federal grand jury issued an indictment in early 2007 accusing the
defendants of a total of 135 counts of conspiracy, fraud and
immigration violations. The charges covered the period between March
2002 and June 2005 and specifically involved the adoptions of 37
children by U.S. families.

Samoan parents said relatives or friends pushed a program -- often
described as affiliated with the LDS Church -- that would educate
children in the United States and return them at age 18. The agency
allegedly charged the adoptive parents a fee of $13,000 to facilitate
the adoption and immigration of a Samoan child.

U.S. immigration laws required the children to be orphans, defined as
abandoned by both parents or left with one parent who cannot provide
care.

Charges are still pending against two defendants, Samoan citizens
Tagaloa Ieti and Julie Tuiletufuga, whom the United States has been
unable to extradite.

The Church of Jesus Christ of Latter-day Saints has said it has no
connection to FOC. But the alleged claim was a selling point for FOC
in Samoa, where about 30 percent of the population is Mormon.

The case has led to a call for reform involving international
adoptions. To stem abuses, experts are pushing for national adoption
laws to replace a patchwork of state laws; limiting the amount of
money involved in the adoption of foreign children to prevent human
trafficking; and making U.S. agencies responsible for the actions of
their overseas contractors.

http://www.sltrib.com/News/ci_11782689