United States v. J. Wilton Hunt, Sr.

749 F.2d 1078, 1984 U.S. App. LEXIS 16387, 17 Fed. R. Serv. 291
CourtCourt of Appeals for the Fourth Circuit
DecidedNovember 28, 1984
Docket83-5088
StatusPublished
Cited by58 cases

This text of 749 F.2d 1078 (United States v. J. Wilton Hunt, Sr.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. J. Wilton Hunt, Sr., 749 F.2d 1078, 1984 U.S. App. LEXIS 16387, 17 Fed. R. Serv. 291 (4th Cir. 1984).

Opinions

DONALD RUSSELL, Circuit Judge:

Appellant J. Wilton Hunt, Sr., a North Carolina state district judge, was convicted following a jury trial of the following offenses: 1) conspiracy to conduct the affairs of an enterprise, his judgeship, through a pattern of racketeering activity, accepting bribes in violation of North Carolina law, 18 U.S.C. §§ 1962(d) and 1963 (the RICO statute); and 2) facilitating the making of an interstate telephone call with the intent to carry on an unlawful activity, gambling in violation of North Carolina law, 18 [1080]*1080U.S.C. § 1952(a). His principal defenses below were entrapment and alleged improper conduct by government agents in violation of due process. The defendant did not testify at trial. Hunt now appeals from his convictions, and we affirm.

I.

This prosecution arose from an undercover investigation of corruption in Columbus County, North Carolina begun in 1980 by the Federal Bureau of Investigation, and known by the acronym “Colcor.” The Col-cor investigation lasted until mid-1982, culminating in the indictments of several public officials, including Judge Hunt. The defendant was first elected to the District Court for the 13th Judicial District of North Carolina, an area comprised of three counties including Columbus, in 1974, and as a judge presided over misdemeanor cases and traffic offenses. He held judicial office throughout the relevant period of the Colcor investigation.

The FBI investigation was first directed toward Hunt in August 1980. At that time Joseph Moody, who was scheduled to appear in Hunt’s court on assault charges, informed the FBI that Danny Edwards, a local criminal, had claimed that he could bribe the judge. The FBI gave Moody $300 to deliver to Edwards, who was supposed to use the money for an attempted payoff. Hunt never appeared for the purportedly arranged meeting with Edwards, which was under FBI surveillance, and Edwards evidently pocketed the bribe money.

Nevertheless, the FBI continued its investigation of Hunt, and subsequently Moody informed the FBI that another individual, James Carroll, had also claimed that he could “deliver” the judge. FBI agent William L. Redden, together with Moody, met Carroll at the Roxanne Club, a bar in Whiteville, North Carolina which Carroll operated, on October 23, 1980. Redden, acting undercover, presented himself to the unwitting Carroll as Bill Leonard, the representative of a criminal syndicate or organization interested in making financial investments in the area. Redden suggested that he was interested in acquiring the Roxanne Club for as much as $400,000, as a front for various illegal activities such as drugs and prostitution, and needed protection from local authorities. Carroll, who testified at trial as a government witness, told Redden that he was acquainted with Hunt, and that the judge would be “available for protection payments.” He claimed to be a close personal friend of Hunt, and mentioned that the judge liked to play poker. Redden told Carroll that the assurances of protection would have to come from Hunt personally, and asked Carroll to arrange a meeting.

After further pressure from Redden, who admitted that he was “leaning on Carroll very hard” during this part of the investigation, Carroll finally managed to arrange a meeting between Redden and Hunt in a motel room in Whiteville on November 20, 1980. Prior to this meeting, Carroll had told Redden that the judge “didn’t seem to care about the money,” and no offer of money had been made. Redden and several other FBI agents were present at the November 20 meeting in undercover roles, and the conversation was secretly recorded. Redden did not make his supposed organized crime connection explicit to the judge, but simply told Hunt that he was interested in buying the Roxanne Club for a steak house, suggesting that illegal poker games would be run on the premises. There was evidence that Hunt had previously participated in similar games, as recounted by witnesses at trial. Redden asked the judge for “advice” on possible problems with law enforcement in the area, and Hunt, far from opposing the idea of the illegal games, told Redden that operators of the games would not be likely to receive jail time for a first offense. Redden made no explicit offer of money at this meeting, explaining afterward that the purpose of the meeting was “just to feel each other out to see exactly who the judge was and what his feelings were.” He acknowledged the possibility that the judge might not have been corrupt.

[1081]*1081Soon after the November 20 meeting, Carroll made it clear to Hunt that Redden was interested in paying $1500 a month for the judge’s protection. Hunt replied, “That sounds good.” Carroll reported the agreement to Redden, and a second meeting took place on December 3, 1980. Redden and Carroll found the judge in a Whiteville “beer joint,” and Hunt joined the two outside in a car. Their conversation was recorded. Redden again explained to the judge their need for protection of the planned gambling, and the judge expressed his understanding. Redden then gave Carroll an envelope containing $1000 in cash, and Hunt accepted the money from Carroll. Before leaving, Hunt said that he had never taken money before and found it difficult, but then proposed that the money be considered a “campaign contribution.” On December 22, Redden gave Carroll the remaining $500 for delivery to the judge, who had requested the money, and a week later Hunt confirmed that he had received the payment.

Hunt accepted a second $1500 protection payment from Redden on January 26, 1981. Shortly thereafter, Redden retired from the FBI for health reasons and was relieved of his Colcor responsibilities, being replaced by another FBI agent, Robert Drdak, who was introduced to Carroll as another member of Redden’s organization, Thomas “Doc” Ryan. Drdak first met Hunt on February 24, 1981, giving the judge his third protection payment of $1000. He now made it clear to Hunt that the organization of which he was a part was involved in drug dealing as well as gambling, and wanted the judge to set low bonds for any of his associates who were arrested, making it easier for them to flee. Hunt agreed to do so. He admitted to Drdak that someone else had offered him half a million dollars to protect a local narcotics smuggling operation, and that he “didn’t know what to do” about that offer, as “it was a lot of money.” Drdak also requested the judge’s assistance in “taking care of some traffic problems” for a Mr. Moody, an important member of their operation, who was facing suspension of his license, and the judge consented to “handle” it.

On March 30, 1981, Drdak again met with Hunt, giving the judge his monthly payoff. Hunt reported on his efforts to take care of Moody’s traffic problems, assuring Drdak that Moody’s ticket would not be treated as a conviction. Drdak told Hunt that he planned to open a gold and silver business in Whiteville to serve as a front for drug smuggling. Hunt agreed to help Drdak obtain a required license for the business, telephoning a county commissioner and a county attorney about the matter. The next day Drdak received his license, and subsequently opened the business.

Drdak’s next recorded meeting with Hunt was on June 22, 1981, when a $2000 protection payment was made, and Moody’s traffic problems were discussed, as well as the drug smuggling plans.

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Bluebook (online)
749 F.2d 1078, 1984 U.S. App. LEXIS 16387, 17 Fed. R. Serv. 291, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-j-wilton-hunt-sr-ca4-1984.