United States v. Keith Wai Keung Ng

26 F. App'x 452
CourtCourt of Appeals for the Sixth Circuit
DecidedDecember 18, 2001
DocketNo. 00-2098
StatusPublished
Cited by5 cases

This text of 26 F. App'x 452 (United States v. Keith Wai Keung Ng) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth 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. Keith Wai Keung Ng, 26 F. App'x 452 (6th Cir. 2001).

Opinion

PER CURIAM.

Defendant, Keith Wai Keung Ng, a/k/a Keith Eng, appeals his conviction and sentence on three counts of using interstate commerce facilities with intent to commit a murder-for-hire in violation of 18 U.S.C. § 1958. Challenging his convictions, Ng argues (1) that the district court abused its discretion in denying his motion to consolidate counts as multiplicitous, and (2) that the facts establish entrapment as a matter of law. With respect to sentencing, defendant claims he should have been awarded a two-level reduction in the offense level for acceptance of responsibility and a downward departure on the grounds of imperfect entrapment. Finally, defendant claims he was denied effective assistance of counsel as a result of the failure to move for a new trial based on newly discovered evidence. After review of the record and the arguments presented on appeal, we affirm defendant’s convictions and sentence.

I.

The charges arose out of numerous conversations and two face-to-face meetings between Ng and Donald DeClercq, during which Ng allegedly arranged to pay De-Clercq to murder Dr. So Tang. Ng was arrested on June 23, 1999, after giving DeClercq a down payment of $4,000 in cash, four pictures of Dr. Tang, and a note with Dr. Tang’s name and address. Ng claimed he was entrapped by DeClercq, who was cooperating with the FBI. Ng was convicted by a jury on three counts of violating the federal murder-for-hire statute. The indictment alleged: (1) that Ng traveled from California to Michigan on or about December 12, 1998, with intent that the murder of Dr. Tang be committed for $100,000; (2) that Ng caused DeClercq to travel from Michigan to California on June 22, 1999, with intent that the murder of Dr. Tang be committed for $30,000; and (3) that from October 27, 1998, through June 23, 1999, Ng used a facility in interstate commerce (the telephone) with intent that the murder of Dr. Tang be committed as consideration for something of pecuniary value.

Keith Ng became acquainted with Dr. Tang, an anesthesiologist, and his wife, [456]*456Hsin-Ming Tang, while working as a general contractor in the construction of their house and a medical office building in San Marino, California. In 1988, Ng and the Tangs invested in a vineyard located in Santa Maria, California. The Tangs held the deed, but orally guaranteed Ng a twenty-percent share. Ng moved to Santa Maria to run the vineyard. Dr. Tang discovered that his wife was having an affair with Ng. In 1996, the vineyard, along with other property, was conveyed to the Tangs’ two children. At that time, Ng was promised that his interest would be honored. Mrs. Tang, who was separated from her husband, filed for divorce. In 1997, Dr. Tang filed a lawsuit seeking to set aside the property transfers as fraudulent.

Ng and Hsin Tang traveled to Michigan more than once to help her son, George Tang, who had started his medical residency training in the Detroit area. During a visit in July 1998, George’s neighbor, Larry Campbell, took Ng to several antique and pawn shops to look for watches and introduced him to DeClercq. After discussing their mutual interest in watch collecting, DeClercq arranged for Ng to come to his home located in Bloomfield, Michigan, from which he operated a business called DeClercq’s Watches. Within a few days, Ng had visited DeClercq twice and purchased two expensive watches. Ng paid DeClercq $8,000 in cash and gave him a $4,000 check written to “cash.”

During one visit, DeClercq and Ng spent an hour or two talking. According to DeClercq, Ng said he ran a vineyard and was “having a problem” with someone who had lent him $250,000 to open the vineyard. Ng said this person was demanding $5 million to release a lien that was clouding title to the property and making it difficult to borrow money to keep the business going. Ng told De-Clercq, “I would pay $100,000 just to make sure this person went to Mexico and never returned.” Ng seemed serious and, when questioned further, Ng offered to pay $100,000; $50,000 down and $50,000 when the problem went away. DeClercq asked if he wanted this man murdered, and Ng answered that he wanted this problem to “go away.” DeClercq was suspicious, but told Ng he would look into it.

Ng offered a different version of this meeting. Ng testified that he went to DeClercq’s house to pay for the watches, and DeClercq showed him around. De-Clercq also showed him a stack of pictures of naked women and asked him to pick one, but Ng was not interested. When Ng told DeClercq he owned a vineyard, De-Clercq said he had friends in South America with money to invest in legitimate businesses. Ng said he was not interested in a partner because he had his own problems with a lawsuit pending, liens on the property, and loans to pay. That, Ng claimed, was when DeClercq offered to “fix [his] problem” and make it disappear like Jimmy Hoffa. Ng didn’t know who Jimmy Hoffa was, so DeClercq told him to rent a movie called “The Jackal” or one called “The Mechanic.” Although shocked by this discussion, Ng testified that he remained calm and stayed for a few drinks. Ng came back a few days later to have his Rolex fixed and to see a watch DeClercq wanted to sell for $80,000. Ng did not buy the watch and returned to California shortly thereafter.

DeClercq, who was under criminal investigation by the IRS, went to see his attorney. Concerned that the solicitation could be “a set up,” they also recognized that it might be an opportunity to improve his situation with the IRS. Inquiries made through the United States Attorney’s Office led to an interview with FBI Agent Joseph Callahan on October 27, 1998. De-Clercq thought it was possible that Camp[457]*457bell might have told Ng that DeClercq was connected to the mafia. Callahan decided to monitor a call from DeClercq’s home to Ng’s cellular telephone in California the same day.

At the outset of the conversation on October 27, DeClercq asked Ng: ‘You still have that problem?” Ng replied: ‘Yep ... I don’t know which way to turn.” After discussing Ng’s travel plans. De-Clercq told him he should be in Texas when “things happen” and explained that “[i]n other words, you know, ... the best time for the house to burn down is when you’re on vacation.” Ng said “[yjeah.” “I know,” “I, be, I be in Paris.” When De-Clercq asked for the person’s name, Ng responded: “No I don’t wanna talk on the phone ... [sjomebody may listen to the phone.”

On November 5, 1998, at Callahan’s direction, DeClercq asked Ng to put together a package including photographs, a description of the car, and background information about the intended victim to bring to a face-to-face meeting in Michigan. Ng responded: “[Njo problem I have all that, I have all that in my folders ... I been follow this tail for long time.” They agreed to talk in a few days.

When DeClercq called Ng on November 16, Ng told him he had purchased a telephone card so that his calls to DeClercq could not be discovered. Ng invited De-Clercq to fly to California to “get a, visual inspection you know?” DeClercq said he would think about it, and they then discussed a watch Ng was interested in buying.

Ng called DeClercq back the next day and asked him to come to California and said, “I mean the, the, the merchandise is here, if you want to look at it.” They talked about their schedules and DeClercq asked, “when do you want this watch stopped?” Ng answered: “Anytime. Sooner the better.” At Callahan’s direction, DeClercq attempted to arrange for their meeting to take place in Detroit.

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Related

United States v. Gordon
875 F.3d 26 (First Circuit, 2017)
United States v. Gordon
169 F. Supp. 3d 301 (D. Massachusetts, 2016)
United States v. Cromwell Bost
536 F. App'x 626 (Sixth Circuit, 2013)
Ng, AKA Eng v. United States
535 U.S. 1035 (Supreme Court, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
26 F. App'x 452, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-keith-wai-keung-ng-ca6-2001.