US v. Levine

• Decision Date: 10 May 1991
• Docket Number: No. HCR 91-3.,HCR 91-3.
• Citation: 770 F. Supp. 460
• Parties: UNITED STATES of America, Plaintiff, v. Robert LEVINE, Defendant.
• Court: U.S. District Court — Northern District of Indiana

770 F. Supp. 460

UNITED STATES of America, Plaintiff, v. Robert LEVINE, Defendant.

No. HCR 91-3.

United States District Court, N.D. Indiana, Hammond Division.

May 10, 1991.

Ronald Kurpiers, Asst. U.S. Atty., Dyer, Ind., for plaintiff.

Kevin Milner, Chicago, Ill., for defendant.

ORDER

LOZANO, District Judge.

This matter is before the court on the defendant's, Robert Levine ("Levine"), Motion for Revocation of Magistrate's Detention Order, filed on April 23, 1991. Levine requests review, pursuant to 18 U.S.C. § 3145(b), of a recent detention order entered by Magistrate Rodovich of the Northern District of Indiana. This court heard and considered argument and evidence at a hearing on the motion on May 3, 1991. At the hearing, the court denied Levine's motion and ordered him detained pursuant to Magistrate Rodovich's April 16, 1991 detention order. The purpose of this order is to detail the court's findings of fact and reasons for detaining the defendant.

PROCEDURAL BACKGROUND

A five count indictment was returned against Levine on January 11, 1991 alleging violations of 18 U.S.C. §§ 371 and 1958. The indictment charges that Levine conspired with a man named Bruce McKinney to murder his brother, Donald Levine, and Marsha and Mark Levine.¹ A warrant was issued for Levine's arrest. Initially, the indictment was ordered sealed after its return. However, on January 30, 1991, the indictment was ordered unsealed. In the event that Levine is convicted, he could receive a maximum penalty of life imprisonment without parole.

Levine surrendered on the warrant to federal agents in Los Angeles, California on March 4, 1991. He appeared before Magistrate George H. King of the Central District of California for a detention hearing on March 6, 1991. At this initial hearing, the government submitted a proffer of evidence and Agent Grelecki of the Federal Bureau of Investigations testified. Upon consideration of the evidence proffered and presented at the hearing, Magistrate King issued an order detaining Levine. Levine subsequently waived extradition and returned to the Northern District of Indiana.

On April 4, 1991, Levine filed a motion seeking reconsideration of the initial detention order entered by Magistrate King. On April 15, 1991, Levine appeared before Magistrate Rodovich for a second detention hearing. Levine filed four exhibits, including his own affidavit. The government presented evidence by way of testimony of Agent Grelecki and by submission of several exhibits. At the conclusion of the hearing, Magistrate Rodovich denied Levine's motion to reconsider and ordered that Levine be detained. On April 16, 1991, Magistrate Rodovich filed a detention order detailing his findings and reasons for ordering Levine's detention.² Levine's current motion and the subsequent hearing on the matter followed.

FACTUAL BACKGROUND

Agent Grelecki began investigating Levine some time in September 1990. From October 1990 through February 1991, Levine retained the services of an Arizona attorney named Jeffrey Ross. In October 1990, Ross notified Levine that he was a target in an investigation involving the murders of Donald and Marsha Levine. Also in October 1990, the government served Levine with a subpoena requiring him to appear before the grand jury on November 14, 1990 to provide handwriting exemplars, fingerprints, and photographs. Around that same time, a second subpoena was served on Levine requesting the production of business records. On November 14, 1990, Levine appeared before the grand jury and provided the handwriting exemplars, fingerprints and photographs. However, according to the government, Levine provided only a portion of the requested business records.

Levine lived in Arizona for the last 17 years or more and developed significant ties to the business community there. Within days after appearing before the grand jury in November 1990, Levine severed his ties and moved without leaving a new address or telephone number with his family or business associates. Levine's family members did not hear from Levine unless he or his wife initiated the contact. The government proffered that Levine told family members that he would rather die than go to jail. Levine's pets, left behind save one, were placed in an animal shelter.

Agent Grelecki testified that an attorney named Walter Siben was interviewed by a law enforcement officer with respect to a conversation Siben had with Levine. Specifically, Siben allegedly told the officer that Levine asked him "where don't they extradite people from?" and "if you're not under indictment, can you leave the country?" Levine contends by affidavit that the alleged conversation never took place. This contention is corroborated by an affidavit signed by Siben.

On December 17, 1990, the government issued another subpoena requiring Levine to appear before the grand jury on January 9, 1991 to provide additional handwriting exemplars and hair samples. Attorney Ross refused service of the subpoena, stating that he did not know how to contact Levine. The government notified Ross that Levine was to appear before the grand jury on January 10, 1991 to explain why certain business records had not been produced. Ross told the government that Levine was aware that he was to appear on that date and that Ross had no reason to think that Levine would not appear. Levine told his sister-in-law, Toby Stoffa, that he knew he was due to appear on January 10, 1991. However, Levine failed to appear before the grand jury and provide the requested materials.

Levine had been engaged in several business ventures in Arizona before he left. By affidavit, Levine asserts that he still owns two businesses.³ Before leaving Arizona, Levine sold another business. Levine and/or his wife told business associates that they would be leaving the country and that the associates may never see them again.

Levine filed for Chapter 11 reorganization in bankruptcy court in March 1990.⁴ In fact, Levine asserts by affidavit that he put his Arizona house up for sale in January or February 1990 in an effort to avoid Chapter 11 reorganization. The government's testimony at the initial hearing tends to corroborate the timing with respect to the attempted sale of the house.⁵

Levine purchased a 1986 Buick Electra at an auction and titled it under the corporate name of a business called Antiquities, Inc., which was owned in part by Toby Stoffa and Levine's brother-in-law, Mitchell Menaker. Levine obtained a letter on Antiquities, Inc. stationery signed by Stoffa and addressed "To Whom It May Concern". The letter gave Levine or his wife "the right to take the 1986 Buick Electra out of the country with full permission from Antiquities". (Government Exhibit D-3)

Levine and his wife lived at various locations in California and Mexico from November 1990 through March 1991. During that time, Levine and his wife used several different aliases for various purposes. Steward obtained a mail drop box, a telephone voice mail contact, a California drivers license and a credit card in the name of Patricia Green.

Levine possesses and frequently has used an active, valid passport. Levine made several trips to Mexico in the spring of 1990 and enrolled in a "crash" course to learn Spanish. In January 1991, Levine traveled to Mexico on two or three different occasions. Levine attempted to rent a condominium in Mexico under an assumed name.

Sometime in January 1991, the Buick was towed from a condominium complex in San Diego, California. Levine had made arrangements with someone named Luz Fox to rent a condominium in that complex. Levine paid the security deposit with cash and used an assumed name in his dealings with Fox. Once the Buick was towed, Levine indicated to Fox that he did not want to rent the condominium and requested a refund. Although Levine wore a beard when he first met with Fox as he had for the last 15-20 years, Levine's beard disappeared after the Buick was towed. Levine called Mitchell Menaker and told him to report the car stolen.

When he left the condominium, Levine left behind groceries, clothes, books, a computer, and other documents. Between the abandoned condominium and the Buick, several miscellaneous items were recovered, including receipts obtained by Levine and his wife under various assumed names, an application for Mexican car insurance, a Mexican insurance form dated June 25, 1990, an Antiquities Inc. business card, a map of Mexico, and the telephone number of a Mexican dentist contacted by Levine in an effort to rent a condominium. (Government Exhibit D-4) A notebook found in the abandoned condominium outlined a detailed plan for activities such as losing weight, setting up alternate identifications, and establishing an address. (Government Exhibit D-1)

In late January 1991, Levine paid a visit to his stepson, Donald Steward, and asked him to rent a car in Steward's name. When Steward refused, Levine borrowed Steward's BMW. After driving the BMW for a time, Levine called Steward, disguised his voice and gave Steward directions to the car's location. In the car was a note with directions to pick up the remaining deposit and property left at the San Diego condominium previously abandoned. Levine had previously asked Steward to fill out an application for a cellular telephone.

Levine first learned of the indictment sometime between January 1991 and February 1, 1991.⁶ On January 15, 1991, the government notified Attorney Ross of the warrant for Levine's arrest. Subsequently, Ross was supplied with a letter memorializing the January 15 telephone conversation (Government's Exhibit C, Government's Memorandum). Prior to January 30, 1990 when the indictment was unsealed, Agent Grelecki told many of Levine's relatives and friends about the indictment. Moreover, federal agents advised Levine's family and friends not to provide assistance to Levine while he remained a fugitive.

Instead of surrendering immediately,...