News : Long pleads guilty in Peony immigration case; Duong pleads not guilty

Two years and a day after federal law enforcement officers showed up in Vinton and left with more than $750,000 and some of her prized family heirlooms, Phung Ca “Polly” Long quietly pleaded guilty on Friday, Nov. 19, to conspiring with her husband to harbor illegal aliens. She also pleaded guilty to making false statements to the Iowa Medicaid Program. Both offenses are federal felonies.

Duong, according to documents filed in the federal court building in Cedar Rapids, appeared in court on Nov. 10, and pleaded not guilty to harboring illegal aliens. His trial has been set for January 2011.

Long’s attorney, J. Keith Rigg, told Vinton Today that “hopefully” the plea agreement means that Long will remain free to continue running the popular Peony restaurant. He said that Long’s lack of criminal history (this is her first offense) and the fact that she has that she has three children still living at home, makes it likely that she will receive probation when she is sentenced.

“I do not think they (prosecutors) are asking to keep her in custody,” he said before Long’s court appearance Friday morning.

But Federal Chief Judge Linda Reade, who will issue the final sentence in the case, must make the final decision on any prison term. The two offenses to which Long pleaded guilty have a combined maximum sentence of 15 years in jail and a $500,000 fine.

In the related civil forfeiture case, Rigg is negotiating with the U.S. Attorney’s Office on Long’s claim to ownership of the couple’s home in Vinton. While two other houses – one in Los Angeles and one in the Chicago area – have been forfeited to the federal government, the Vinton home is still, for now, where the family lives. A fourth house, in Orlando, Florida, was also claimed in forfeiture proceedings related to this case.

Rigg said he continues to work with the government to allow Long to keep the Vinton house, as well as some “keepsake family mementoes” that were taken during the execution of the search warrant on Nov. 18, 2008. A total of 56 pieces of jewelry were taken from the couple’s home and a safety deposit box. Some of those items of jewelry had been gifts from Long’s ancestors. While Duong grew up in Chinatown on the West Coast, long emigrated to the U.S. from China when she was still a girl.

Because civil cases and criminal cases are separately, Rigg is negotiating with a different U.S. Attorney in the civil matters. He briefly met with Assistant U.S. Attorney Martin McLaughlin to discuss some filings in the civil case.

Long’s day in court

Long appeared in the federal court’s temporary courthouse on C Street on the east edge of Cedar Rapids, near Kirkwood Community College. The courthouse offices moved from the Cedar River Island near downtown Cedar Rapids after the flood of 2008. The new federal courthouse on 7th Avenue near 2nd Street – which was planned years before the historic flood – is expected to open in 2012.

Federal Magistrate Judge Jon Scoles presided over the hearing. Des Moines defense attorney J. Keith Rigg represented Long; Assistant U.S. Attorney Patrick Reinert prosecuted the case on behalf of the U.S.

Long, whose native language is Cantonese, requested an interpreter to help her understand some of the technical and legal words used during the case. The court requested the services of Los Angeles interpreter Gerald Young, who participated via telephone. Spectators included two of Long’s relatives, a friend and restaurant co-worker, a federal probation officer, and Immigrations and Customs Enforcement (ICE) agent Christopher Cantrell, who led the federal investigation in the case.

In legal terminology, Long’s appearance was called a Rule 11 hearing. Rule 11 in federal law refers to the process by which the court makes sure that a defendant fully understands the impact of making a guilty plea. Much of the proceeding focused on Judge Scoles asking Long if she understood the charges filed against her, what rights she would be waiving if she pleads guilty, and making sure that Long is voluntarily entering into the plea agreement.

Judge Scoles also told Long that she has a constitutional right to have a Grand Jury consisting of 16 people from eastern Iowa review her case to decide if there is enough evidence against her to bring charges. She also waived that right, allowing the government to advance the case with only a court filing called a trial information.

Scoles also told Long it was his job to make sure she was entering the guilty plea of her own accord with a mind not affected by alcohol or drugs. Both she and her lawyer told the judge that she is able to clearly understand the case and the result of her plea.

Scoles then asked Long a series of questions, which he said are necessary to establishing the guilty plea and the penalties it authorizes. He asked Long if there was a conspiracy to harbor illegal aliens, if she joined that conspiracy, and if she did so with the knowledge that the purpose of the agreement was to harbor – or shield from detection – illegal aliens.

To each of these questions, Long softly replied, “Yes.”

Scoles then moved on to Count 2: The charge of providing false information to the Iowa Medicaid Program. He asked Long six questions, beginning with “Did you make false statements?” After an audible sigh, Long said “Yes.” She went on to answer in the affirmative other questions relating to this charge, admitting that she gave false information for the purpose of obtaining health care benefits from the program.

Before giving Long the opportunity to plead “guilty” to both charges, Magistrate Scoles told her of the penalties possible for the offenses. The harboring illegal aliens charge has a maximum penalty of 10 years in jail and a $250,000 fine. The penalty for making false statements to the Iowa Medicaid Program is up to five years in jail and a $250,000 fine. Both charges are also subject to a $100 special assessment and up to three years of supervised probation. While telling Long that the recommended sentence in her case could be 12-18 months, the Magistrate also advised her that the sentencing judge could choose to sentence the defendant to the maximum 15 years in jail. He also advised her of the loss of voting rights and other results of becoming a convicted felon.

Scoles also read from the plea agreement, in which Long agrees to pay restitution of $23.715.50 to the Iowa DHS as well as the two $100 special assessments. Long was released to the supervision of the federal probation office. The probation officer who attended the court session said it’s customary to put a defendant into a pre-sentence release program. Long agreed to surrender her passport to the probation officer, and to other stipulations of release. She must stay away from firearms and ammunition, avoid contact with convicted felons without first obtaining permission from her probation officer, and to contact her probation officer within 72 hours of any contact with law enforcement officers for any reason, including traffic stops.