‘Fat Leonard’ Appeals 15-Year Sentence, But Does So Under Seal -- At Least for Now

Leonard Glenn Francis, the Malaysian contractor known as “Fat Leonard” at the center of the U.S. Navy’s worst-ever bribery and corruption scandal, has appealed the 15-year prison term he was sentenced to last year — but his arguments supporting the appeal remain a mystery, for now.

That’s because the opening appeal brief, filed last week with the 9th U.S. Circuit Court of Appeals, was submitted under seal. A motion to seal the opening brief was also apparently filed under seal.

Francis, known as “Fat Leonard” because of his enormous size, spent decades bribing a rotating cast of officers from the Navy’s 7th Fleet in the Western Pacific. The swaggering con man pleaded guilty in 2015 to charges of bribery, conspiracy to commit bribery and conspiracy to defraud the United States out of at least $35 million, then became the key witness for the government in a massive investigation of some 1,000 Navy personnel and the federal prosecution of 36 total defendants, many of them Navy officers.

As part of his plea agreements in multiple cases, the 60-year-old Francis gave up his right to appeal, with two exceptions — if he believed he received ineffective assistance of counsel or if the judge sentenced him to more than 13 years in prison.

On Nov. 5, U.S. District Judge Janis Sammartino sentenced Francis to 15 years in custody. Two weeks later, he notified the 9th Circuit that he planned to appeal. Last week, he filed the opening brief under seal.

San Diego-area defense attorneys said it’s uncommon for a criminal defendant to file an opening brief or other key appeal documents under seal, since the 9th Circuit “has a strong presumption in favor of public access to documents,” according to its own procedures. But there could be several reasons why Francis and his counsel were able to seal the document, with the most likely scenario having to do with documents related to Francis’ extensive cooperation with the government.

Doug Sprague, Francis’ attorney, did not respond to messages seeking comment.

“In certain circumstances, people can seal or keep private court records if they can show a compelling need to do that,” said defense attorney Ryan Stitt, who is not involved in the case but reviewed the appeal docket. “It’s not yet clear which records he seeks to seal or what the court will allow him to keep private.”

The fact that the opening brief was filed under seal does not necessarily mean it will remain sealed — in fact, Francis’ attorney filed a notice that certain documents should be unsealed after 21 days if the court or the government doesn’t object. The three-judge panel from the 9th Circuit assigned to decide the case will have ultimate say on what can remain sealed and what must be made public.

Stitt, a founding partner of Stitt Vu Trial Lawyers, said medical records can usually be sealed. Francis’ health has played a central role in the case, with his cancer diagnoses and other health issues leading to a medical furlough from which he later fled the country.

But records related to the appeal indicate the sealing is more likely tied to Francis’ extensive cooperation with the government. Stitt said court records related to cooperation, such as signed cooperation agreements, “are often sealed and kept private.”

The 9th Circuit has ruled in previous cases that such records can be sealed in some circumstances, such as when public disclosure of cooperation could put a defendant or a defendant’s family in danger. In Francis’ case, his cooperation has been no secret — nearly 20 pages of his sentencing memorandum filed last year were dedicated to highlighting how much he helped prosecutors with their case. Prosecutors in their sentencing documents described his cooperation as “unprecedented” and “unparalleled,” and Francis himself discussed his cooperation at length while secretly recording a podcast.

At his sentencing hearing in November, Francis also pleaded guilty to a charge related to his September 2022 escape from house arrest. Francis ended up in Venezuela, where he was imprisoned for more than a year until he was returned to the U.S. as part of a prisoner swap.

For all of his crimes, the federal sentencing guidelines recommended a prison term between 17½ and nearly 22 years. But in large part because of the cooperation Francis provided, prosecutors recommended a sentence just shy of 12 years. Sammartino, who has presided over almost all of the cases related to Francis and the Navy corruption scandal, said she took into account Francis’ cooperation but called his corruption scheme “insidious” and said the 15-year term was more appropriate.

Francis remains jailed in San Diego pursuant to a court order that he be kept in the area while his appeal is pending. At his sentencing, Francis received credit for more than 2,300 days he’d spent in custody. For now, the Bureau of Prisons lists his expected release date as March 29, 2031.

Government attorneys have not yet responded to Francis’ appeal. The government has until May 14 to respond.

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