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Lance Romance Pleads Guilty

Las Vegas- The 3-year-old political corruption case against Lance Malone took an anticlimactic turn Monday when the soft-spoken former Clark County commissioner formally entered a guilty plea before a federal judge.

A few reporters attended Malone’s hearing Monday, in contrast to the crowds that watched as co-defendants Mary Kincaid-Chauncey and Dario Herrera, both former county commissioners, were convicted and sentenced earlier this year.

Sitting expressionless next to his attorney, Dominic Gentile, Malone formally changed his plea from innocent to guilty after signing an agreement with the government last week.

The deal allowed Malone to plead guilty to one count of conspiracy under the Racketeer Influenced and Corrupt Organization Act, a charge that stemmed from paying Clark County politicians cash bribes on behalf of strip club owner Michael Galardi. The other 32 counts against Malone were dropped.

Malone took a deal only after government officials stopped insisting that he admit accepting illegal gifts or money from Galardi or anyone else during his four-year term, Gentile said last week.

Gentile and the 44-year-old Malone declined to comment Monday.

U.S. District Judge Larry Hicks scheduled Malone’s sentencing for Dec. 18. He set aside the entire day to hear the government and Gentile argue over the severity of the sentence.

Assistant U.S. Attorney Daniel Schiess indicated that he will prove that Malone accepted illegal cash and other gifts while he served on the commission from 1996 through 2000. Malone’s sentence could be enhanced if the judge believes Schiess’ argument.

Also, the government will push for a tougher sentence because prosecutors think Malone was a leader in a scheme to bribe elected officials for favorable treatment of Galardi’s strip clubs. Malone, who lost his bid for re-election in 2000, went to work for Galardi and became his go-between with commissioners.

“We will be arguing to the court whether an adjustment can be made for leadership,” Schiess told Hicks.

The prosecution agreed in the plea deal to recommend that Malone’s sentence run concurrently with the three-year term levied in San Diego last summer after he was convicted of bribing three city councilmen. Schiess said the law mandates concurrent sentences if the same course of conduct can be proven in two separate cases.

But Hicks warned Malone that he has the authority to impose consecutive sentences.

“It is possible the court may or may not make the same finding” as the government, the judge said.

In changing his plea on Monday, Malone admitted that he paid off Herrera, Kincaid-Chauncey and former Commissioner Erin Kenny.

Galardi, the money source, pleaded guilty in 2003. Herrera and Kincaid-Chauncey unsuccessfully fought the charges they took the payments. Kenny pleaded guilty.

That left Galardi’s bagman, Malone, to battle the case or sign an agreement. He opted for the latter four days before his trial was scheduled to start.

A remaining question for Malone is how much time he will spend in prison.

Hicks explained he could face a maximum prison sentence of 20 years. And, the judge said, no matter what sentence is levied, Malone’s agreement denies him of the right to appeal his sentence or withdraw his plea.

Malone is unlikely to serve two decades in jail, but the severity of the sentence will be up to Hicks to decide after hearing arguments from both sides.

Herrera received the harshest treatment from Hicks last month. Hicks ordered Herrera to spend 50 months in prison, one month less than what the government recommended. He also must pay $16,600 in fines and forfeit $60,000.

Hicks sentenced Kincaid-Chauncey to 30 months in prison and ordered her to pay $8,800 in fines and forfeit $19,000.

Although Galardi pleaded guilty early on, he was ordered to forfeit $3.8 million and sell his lucrative strip clubs. For his cooperation, the government agreed he would not spend more than five years in prison. Galardi is scheduled to be sentenced in November.

Because Kenny signed an agreement in 2003 and worked with prosecutors, her prison sentence will be no longer than 46 months. She was forced to forfeit $70,000.

The forfeiture amounts were based on how much money the government could prove each elected official received in bribes. For Malone, forfeiture will be calculated based on how much the judge believes the prosecutors could prove he paid out to politicians.

Malone’s plea agreement said he will forfeit up to $750,000. His fine will be a maximum of $250,000.

Hicks read the 14-page agreement to Malone in court on Monday, ensuring that he understood each element.

When he determined Malone was not signing a deal under a threat, he asked Malone to enter his new plea.

“Guilty, your honor,” Malone said quietly, staring straight ahead.

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