by David M. Reutter
A guilty plea to conspiracy and wire fraud charges was entered in a Michigan federal district court on December 4, 2019, by Tony Tuan Pham, also known as Anh Nguyen, in his role of coaching prospective and current federal prisoners on how to qualify for the Residential Drug Abuse Program, a 500-hour residential substance abuse program, and receive a shortened sentence.
Pham, 50, a “Managing Partner” at Michigan-based RDAP Law Consultants, and those he supervised contacted federal criminal defendants and prisoners through unsolicited emails and telephone calls to assist them, for a fee, to qualify for the RDAP.
Despite knowing many of the clients did not abuse drugs or alcohol and were ineligible for the program, Pham coached them on how to feign or exaggerate a drug or alcohol disorder to gain entry to the program, which allows prisoners to qualify for up to 12 months early release.
The scheme earned RDAP Law Consultants $2,628,137 in client fees from September 2102 through January 2019. When the scheme began, Pham was living in a residential reentry center.
Pham was originally supposed to be sentenced in March 2020, but that was suspended until at least August.
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More from this issue:
- Coronavirus in Prison: The Cruel Reality, by Christopher Zoukis
- Survey of 8,000 Prisoners’ Political Views Finds Surprising Results, by David Reutter
- “Collateral Consequences” of Convictions Hinder Chances of Post-Prison Success, by Dale Chappell
- From the Editor, by Paul Wright
- How to Fail at Running a Prison During a Pandemic, by Anthony Accurso
- New Initiatives from Philadelphia, Koch Industries, Work to Get Ex-Offenders Jobs, by Anthony Accurso
- Medical Director of California Prison System Removed After Dubious Transfers Spike COVID-19 Counts, by Derek Gilna
- Judge Awards $273,246 Payment to New York Prisoner Beaten by Guard, by David Reutter
- Prison Postcards: “I feel as though I was either in a car accident or beaten by a baseball bat.”, by Ken Silverstein
- Utah State Auditor Finds Grave Deficiencies in Prisoner Placement Program, by Michael Fortino, Ph.D
- Justice Department and GEO Group Challenge California’s Ban on Private Prison and Detention Facilities, by Matthew Clarke
- Nevada Court Rules Prison Officials Withheld Evidence from Prisoner, by David Reutter
- U.S. District Court Says Rhode Island Department of Corrections Violated “Morris Rules”, by Douglas Ankney
- Injunction Orders Protection for Prisoner Witnesses in California Disability Lawsuit, by David Reutter
- Lockdowns Follow “Coordinated” Gang Fights at Oklahoma Prisons, by David Reutter
- Texas Execs Sentenced for Providing Bad Food to BOP, by Edward Lyon
- California Scrambled to Staff Wildfire Crews After Firefighting Prisoners Locked Down Due to COVID-19, by Dale Chappell
- Colorado Parole Board Cannot Confine Parolee Beyond Statutory Max, by Anthony Accurso
- Coronavirus Will Not Be Controlled in Country Until It Is Controlled in Prisons and Jails, by Michael D. Cohen, MD
- Prisoner Law Consultant in Michigan Pleads Guilty to Defrauding BOP, by David Reutter
- Interview: Jessica Sandoval of Unlock the Box on Solitary Confinement, by Ken Silverstein
- $5,400 Payout by Montana DOC Over Ex-Prisoner’s Claim of Religious, Gender Discrimination, by David Reutter
- Seventh Circuit: Transfer of Indiana Prisoner Based on Substance of Grievances Not Retaliatory, by David Reutter
- Captain at Jail Where Epstein Died Offered New Position of Authority; Warden Remains on Desk Duty, by Kevin Bliss
- $110,000 Settlement Reached in Ohio Prisoner’s Excessive Force Suit, by David Reutter
- Alabama DOC Report: Staff Beat, Hog-Tied, and Denied Medical Care to Fatally Injured Prisoner Seeking Help; Then Covered It Up, by Matthew Clarke
- New Study Documents Startling Spread of COVID-19 in American Prisons and Jails, by Sharon Dolovich, Brendan Saloner
- Commitment to New Jersey’s “Special Treatment Unit” a Potential Death Sentence, by Kevin Bliss
- Coronavirus Shuts Down Ramen Soup Plant; Prisoners in Michigan Limited on Purchase Amounts, by Dale Chappell
- Families Accuse Arkansas Prison of Poor Communication on COVID-19 Prisoners, by Kevin Bliss
- Sixth Circuit: Courts Must Construe Pro Se Notice of Appeal as Motion for Extension of Time to Appeal, by Dale Chappell
- Kansas Prison Dental Instructor Sentenced to 32 Months for Molesting Female Prisoner, by Matthew Clarke
- Michigan Prisoner’s Malicious Prosecution Claim Survives Summary Judgment, by David Reutter
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- Book Review: The Habeas Citebook: Prosecutorial Misconduct Is an Invaluable Resource for Challenging Prosecutorial Misconduct, by Dale Chappell
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- Seventh Circuit: Totality of the Circumstances Must be Considered to Show “Policy or Custom” by Government Agency Caused Injury for Monell Claim, by Dale Chappell
- Former Prisoners Are Running for Office In 2020, by Daniel A. Rosen
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- Texas Prison System Bans Greetings Cards, Postcards, Colored Paper in Mail, by Matthew Clarke
- News in Brief
More from David Reutter:
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- $650,000 Jury Verdict Upheld in NY Prisoner’s Excessive-Force Claim; Motion for Fees Denied Due to Contingency Agreement, Jan. 1, 2022
- HRDC Advances in Suit Against Centurion to Obtain New Mexico Prisoner Medical Litigation Records, Jan. 1, 2022
- $281,000 Awarded to Colorado Prisoner Retaliated Against for Grievances, Jan. 1, 2022
- Second Circuit Reverses Dismissal of NY Prisoner’s Due Process Claim on Grounds It Was Abandoned on Appeal, Jan. 1, 2022
- $175,000 Awarded to New York Prisoner’s 686 Days Unconstitutional Post Release Supervision, Jan. 1, 2022
- Montana Supreme Court: Defendant’s Due Process Rights Violated by Delayed Initial Appearance for Two Years While Jailed in New York on Out-of-State Warrant, Dec. 15, 2021
- $53 Million Settlement in Los Angeles Jail Strip Search Lawsuit Approved, Dec. 1, 2021
- Ninth Circuit: Pretrial Detainees Have Right to Direct-View Safety Checks, Dec. 1, 2021
- Eleventh Circuit: Preliminary Injunctions Have 90-Day Limit Under PLRA; Permanent Injunction Required to Extend Relief, Dec. 1, 2021
More from these topics:
- Missouri Supreme Court: IAC Where Guilty Plea Based on Counsel’s Assurance Defendant Eligible for Drug Treatment Program When, as Matter of Law, Ineligible, Nov. 15, 2021. Counsel - Effective Assistance of, Drug Testing/Treatment Programs.
- Seventh Circuit Exercises Supervisory Powers in Reversing District Court’s Judgment Revoking Supervised Release, April 15, 2021. Drug Testing/Treatment Programs, Sentence.
- Rhode Island Takes Uncommon Steps to Address a Common Problem: Drug Addiction in Prison, Sept. 1, 2020. Drug Testing/Treatment Programs, Deterrence/Recidivism.
- U.S. v. Manzella, No. 06-3434 (3rd Cir.) (475 F.3d 152) (February 2, 2007) (Judge Thomas L. Ambro), Jan. 1, 2007. Punch And Jurists, Drug Testing/Treatment Programs.
- Kuna v. Daniels, No. Civ. 02-526-HA (D.Or.) (234 F.Supp.2d 1168) (October 20, 2002) (Judge Ancer L. Haggerty), Feb. 1, 2003. Punch And Jurists, Drug Testing/Treatment Programs.
- Mitchell v. Andrews, No. CVF995551OWWGHB (E.D.Cal.) (235 F.Supp.2d 1085) (March 29, 2001) (Judge Oliver W. Wanger), Feb. 1, 2003. Punch And Jurists, Drug Testing/Treatment Programs.
- Roe v. City of New York, No. 00 Civ. 9062 (RWS) (S.D.N.Y.) (232 F.Supp.2d 240) (November 19, 2002) (Judge Robert W. Sweet), Nov. 1, 2002. Punch And Jurists, Drug Testing/Treatment Programs.
- Lopez v. Davis, No. 99-7504 (U.S. Supreme Court) (531 U.S. 230; 121 S.Ct. 714) (January 10, 2001) (Justice Ginsburg), Dec. 1, 2000. Punch And Jurists, Drug Testing/Treatment Programs.
- King v. Morrison, No. 00-1533 (8th Cir.) (231 F.3d 1094) (November 7, 2000) (Judge Gerald W. Heaney), Dec. 1, 2000. Punch And Jurists, Drug Testing/Treatment Programs.
- Ward v. Booker, No. 99-3125 (10th Cir.) (202 F.3d 1249) (January 19, 2000) (Judge Stephen H. Anderson), March 1, 2000. Punch And Jurists, Drug Testing/Treatment Programs.