U.S. v. Grewal
| Decision Date | 14 April 1998 |
| Docket Number | Criminal No. 97-305.,Criminal No. 96-751. |
| Citation | 2 F.Supp.2d 612 |
| Parties | UNITED STATES of America v. Elizabeth Roxanne GREWAL. UNITED STATES of America v. David J. VASILE. |
| Court | U.S. District Court — District of New Jersey |
Faith S. Hochberg, United States Attorney, Kevin T. Smith, Assistant United States Attorney, Camden, NJ, for U.S.
Richard Coughlin, Federal Public Defender, Anne E. Blanchard, Assistant Federal Public Defender, Camden, NJ, for Elizabeth Roxanne Grewal.
John C. Eastlack, Jr., Poplar & Eastlack, P.A. Turnersville, NJ, for David J. Vasile.
These cases emerge from a bizarre saga of extortion, murder, international assassins and southern New Jersey diners. In these surreal circumstances, casual encounters between the two defendants evolved into a clumsy scheme to extort $100,000 from a local businessman whose partner was the victim of an unsolved murder. The defendants' nocturnal meetings rapidly escalated to letters and telephone calls to the victim, demanding money in exchange for silence about the team of assassins which the victim allegedly flew in from India to murder his business partner. An FBI sting snared David J. Vasile, a retired police officer, and Elizabeth Roxanne Grewal, a woman he knew from the local diners.
Grewal pled guilty to count three of a three-count indictment, charging her with sending extortionate threats through the mails. Vasile pled guilty to a one-count information charging him with conspiracy to receive the proceeds of extortion. Grewal has moved for a downward departure based on the avoidance of perceived greater harms pursuant to U.S.S.G. § 5K2.11, contending that the victim of this extortion plot had murdered his business partner and that her actions were designed to bring this wrongdoer to justice. The government has moved for a downward departure on Vasile's behalf pursuant to U.S.S.G. § 5K1.1, based on his substantial assistance to the government. An evidentiary hearing exposed a tangled web which included revelations of perjury and destruction of evidence. For the reasons set forth below, both of these motions will be denied. In addition, I find that Vasile is not entitled to downward adjustments in his offense level for acceptance of responsibility or his role in the offense.
On February 13, 1998, pursuant to Rule 32 of the Federal Rules of Criminal Procedure, I convened an evidentiary hearing to resolve the dramatic discrepancies between the two defendants' versions of the operative facts. The hearing consumed that day and was continued on March 6, 1998. At the conclusion of the sentencing hearing, I notified counsel that I was considering sua sponte upward departures under U.S.S.G. § 3C1.1 for obstruction of justice with regard to both defendants, and I invited counsel to submit briefs on that issue. See Letter from the Court to Counsel (dated March 9, 1998) (citing Fed.R.Crim.P. 32 and Burns v. United States, 501 U.S. 129, 111 S.Ct. 2182, 115 L.Ed.2d 123 (1991)).
Based upon the sworn testimony and demonstrative evidence presented at the evidentiary hearing, see U.S.S.G. § 6A1.3, as supplemented by the Presentence Investigation Reports and the plea agreements, see U.S.S.G. § 6B1.4(d), I have developed a sufficient factual record to impose sentence. See Fed.R.Crim.P. 32(c)(1) ().
According to Grewal, she was working as a waitress at a diner in Glassboro, New Jersey, when she met Vasile. See Transcript of Sentencing Hearing (dated February 13, 1998, and March 6, 1998) ("Tr.") at 144. Grewal testified that they met 20 years ago, but that she has seen Vasile "on a regular basis" since then, including frequent meetings in diners and "numerous" trips by Vasile to Grewal's home. Id. at 144-45, 148. Although Vasile agrees that he and Grewal had been acquainted years before, Vasile contends that he had not been in contact with Grewal for approximately 15 years prior to September of 1996. Id. at 4-5, 9-10. I need not tarry here to describe the extensive testimony addressing the nature and frequency of the contacts between Vasile and Grewal prior to the events of the present extortion scheme, see, e.g., id. at 236-38 (testimony of Grewal's daughter); id. at 205-209 (testimony of Grewal's cousin), because this debate is not relevant to the sentencing issues pending before the Court. See Fed.R.Crim.P. 32(c)(1).
In 1991, Grewal married a man of Indian descent and was introduced to the local Indian community. Tr. at 149. In 1991 or 1992, Grewal met Alamjit Gill and Parmajit Singh, who were partners in a gas station business. Id. at 149-50. Grewal, her husband, Gill and Singh belonged to a social circle which frequented a popular Tandoori restaurant owned by Sonny Kelsey. Id. at 150-51; see id. at 55 ().
One day in April of 1992, Grewal observed Gill talking to Kelsey who later repeated that conversation to her. Gill reportedly told Kelsey that Singh "was becoming a problem" and that Gill wanted to spend time with Singh's wife but Singh was "always in the picture." Id. at 152. According to Kelsey, Gill also said that he no longer wanted Singh as a business partner and that Singh's wife "would get a large insurance settlement" if Singh "was out of the picture." Id.
Although Kelsey said that Gill probably had not meant it, Kelsey also told Grewal that Gill had "said it in a serious tone." Id. at 153. Grewal testified that she was "disturbed" by that conversation because she "just didn't like the tone of the ... the way that he had said it because I knew people in the Indian community were saying that Mr. Gill was having an affair with [Singh's wife]." Id. Grewal concluded that "this sounded as though [Gill] wanted [Singh] out of the picture." Id. Two weeks later, Singh was murdered. Id. at 153-54; see Presentence Investigation Report for Elizabeth Roxanne Grewal ("Grewal PSI") at ¶ 24.
According to Grewal, people in the Indian community "suspected that Mr. Gill had had [Singh] murdered, that he had brought people in from India, had him killed, and then put them back on a plane and sent them back to India, that is why there were no suspects to be found." Tr. at 157. Even prior to Singh's death, however, Grewal had "despised" Gill's lifestyle because he allegedly cheated on his wife with prostitutes and with a waitress at Kelsey's restaurant. Id. at 158. Grewal's disapproval of Gill became an "obsession" and she ultimately concluded that Gill was responsible for Singh's murder. Id. at 158-60 (); see also id. at 263 ().
Nevertheless, Grewal never went to the police with the information in her possession because she feared that she lacked sufficient evidence. Id. at 159, 200; see also id. at 157 (). As Grewal explained: Id. at 200.
Instead, Grewal testified that she decided to keep this information to herself and to "get more information against Mr. Gill to take to the authorities." Id. at 160. She spent the next four years collecting rumors and other sordid information about Gill, but amassed only embarrassing information rather than evidence of criminal conduct. Id. at 160-61. Thus, Grewal turned to Vasile, whom she knew to be a former police officer, for assistance.
Grewal testified that she saw Vasile at the Liberty Diner in late November or December of 1995 and that, after telling her story, she asked Vasile "how I could use the information that I have to make Mr. Gill come forward and be found guilty of this murder." Tr. at 162-63. Grewal claims that Vasile agreed to use his police contacts to attempt to gather additional information about Singh's murder. Id. at 163-64.
According to Grewal, Vasile told her that "the only way that you are going to get this guy to come forward is you've got to intimidate him, give him the impression that you're watching every move that he makes, make him feel scared ... and then you might have something, then maybe you could get him to come out." Id. at 166; see also id. at 167-68. Thus, according to Grewal, Vasile suggested that she send Gill a letter and that she send it from a large corporation in order to make Gill pay attention. Id. at 168. Vasile offered to "collaborate" with Grewal on compiling the facts to set forth in this letter. Id. at 171. Vasile then accompanied Grewal to her home where the pair discussed the details of the letter, including the use of a post office box in another state. Id. at 172.
In early August of 1996, Grewal contacted her daughter Symphony Roxanne Gaffney in Maryland and instructed her to obtain a post office box in the name of the Diva Corporation. Id.; see id. at 244-45. Gaffney complied, reportedly without asking or being told why. Id. at 245-46. Thereafter, Grewal sent three sealed packages to Gaffney, which Gaffney in turn mailed to Gill. Id. at 245 279-80. Throughout these transactions, however, Gaffney acknowledged that she had no contact with Vasile. Id. at 245-46.
Grewal also asked Gaffney whether Gaffney's boyfriend, William Lucich, had a checking...
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