The INDICTMENT

THE INFORMATION - additional charges filed

I DID NOT PLEAD GUILTY TO THE INDUCEMENT. I plead guilty to 24 USC 14944. Making False Statements. I plead guilty due to the bad advice of my CJA attorney who gave me false information about pleading guilty to these charges. He tried to correct his mistake but our motion to withdraw the guilty plea was denied. I just want the case to be over. Ofen people plead guilty not because they are guilty but they just want the bad dream to END!

Download PACER LOG documents AT THE BOTTOM OF THE PAGE

Pacer Log As of 8-24-2016

Court dates (Indictment Jan. 21, 2014 arrest Feb. 11. 2014)
Feb. 12, 2015 Miami the day after my arrest
April 7, 2014 Appointment of Public Defender
May 28, 2014 Pretrial Converence (AFTER 4 months!)
Aug. 28, 2014 Bar Meeting CJA appointed attorney on 8/14/14
Dec. 19, 2015 Bar Meeting Trail set for Jan. 26 2015, Discovery ordered to be given by Jan. 9, 2015.
Jan. 14, 2015 Plea court hearing - Judge Sol Blatt
Aug. 28, 2015 Withdrawal of plea hearing - Judge Sol Blatt
Aug. 29, 2015 First Sentancing Date - Judge David C. Norton
NO Court Dates set as of 1-8-2017

Discovery Issues
witholding discovery seems to be the norm with DOJ

5/13/2014 Entry No. 90 James Harding motion for a continuance, states: “....voluminous discovery .....The Government.... has a “rolling” discovery process, but still has additional discovery to produce”. Defendant James Harding respectfully moves the court reset the date of the Pretrial Conference for the reasons stated above....time to be excluded under the Speedy Trial Act. The Government, James Harding and Alisa Bivens concur in this Motion. Co-Defendant Mary Mooney does not.
May 28, 2014 Transcript: “But the defendant, Ms. Mooney, did not consent to the continuance.”... She does not waive her speedy trial right And she is hoping today that the Court can give her some sense of finality, some sense of scheduling so she knows that this is the date we will have all the discovery”....Your Honor, Mrs. Mooney wanted me to impress upon the court that she is objecting to the continuance.”....Ms. Schoen: The Government's position is that.......And we have to turn over much of the discovery.”
Aug. 14, 2014 CJA attorney Wells Dickson was appointed to my case. I requested a new attorney because of my FPD would not investigate and prepare for trial. Ms. Penn agreed, she stated, to Mr. Dickson on Aug. 27th “we were not prepared for a trial”.
Aug. 27, 2014 Transcript: Mr. Dickson requested a continuance due to the fact that the Government had not even brought the discovery from DC to SC and we had not been able to review the bulk of the discovery. I objected to the continuance but had no choice because of the discovery issues. The judge approved but nothing on the record states why a continuance was given.
Dec. 19, 2014 Transcript: “Ms. Schoen:.....There are materials we know of that we need to get to them” The Court set a date for Discovery to be in by Jan. 9, 2015 and for a court date to be set. The jury selection date was set for Jan. 14, 2014 and trial set for Jan. 26, 2015.
Jan. 5, 2016 Email: Ed Blackburn, Wells Dickson, Jamie Schoen and Karen McColman regarding issues with Discovery, CD’s not opening, missing items not on Bates list specifically requested Disc 12 details as we found Brady material (IAG’s license)  and wanted it itemized on the Bates file. We also requested Agent Prez notes (same issues you have requested in your letter dated April 21, 2016)
Email states: “we have not yet produced the Prez email series as those are under review...... Disc 12 is a sic of Search Warrant Photos, therefore there are not individual entries for search photos.
Jan. 14, 2014 Guilty Plea entered. I had no choice, my  lawyer that had not gotten the Brady material I requested. He had not interviewed witnesses or sent out subpoenas and we only had 12 days to prepare for trial.
September 10, 2015 Government provided a spread-sheet for the PCR report that included the 54 interviews and statements the Gov intends to use at sentencing. Investigator, Ed Blackburn nor I saw these interviews or could find them in any discovery given to the defense. Attorney George Bishop sent a letter to the prosecutor requesting the discovery that included these 54 interviews and was never given the information.  
We were given 2 bates excel sheets one dated 7-23-2014, one around Aug 2015 and these 54 families were not listed on either bates file. The families that were interviewed and listed on the bates file did not include any request for refunds or anything relating to the information on the document given to for the PCR report.

April 1, 2016 Motion for Discovery  asking for documents previously requested in 2014 and for information that relates to mitigation of punishment. (That would include any deportation or extraction information that was never included in the discovery)
April 21, 2016 Letter requesting detailed Discovery from Ms. Schoen requesting similar items requested by email on Jan. 5, 2016. (Received mimiim response and they did not address issues in the letter)
May 3, 1016 Letter from G. Bishop to Jamie Schoen concerning issue of we are unable to access discovery. Never received any information on how to open the CD or get the discovery information.
July 8, 2016 Letter form G. Bishop to Jamie Schoen requesting information about extradition. Received one document “order to leave” document from Belize on Aug. 1, 2016.
Aug. 1. 2016 Jaime Schoen sent a 1 page document from Belize “order to leave Belize”
Aug. 17, 2016 the Government requested an additional week to get documents from Belize. They provided a response to the motion on Aug. 24, 2016 and did not attach any additional documents from Belize. The 1 Belize document attached to the Government's response we had since Aug. 1, 2016 so I am not sure why they asked the judge for a week delay.


IAG’s Ethiopian license to operate and program plan to operate an orphanage were found in the evidence IAG-DS-00213777 IAG's 2012 performance report  IAG-DS-00279283 Application to register in Ethiopia IAG-DS-00152658. No bates report went past 100,000.
The Goverment has hidden evidence to prove IAG was operating within the laws of Ethiopia and the U.S.

​NO Adoption was overturned, not approved or any child returned to Ethiopia by request of the U.S. or Ethiopian Goverment. How can the adoptions be fraudlent yet no adoption overturned? 
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 TRANSCRIPTS/Motions/Documents
These are good reading

 
Indictment
Information I plead to

102 - Alisa Biven's plea 8/7/14
117 - Jim Harding's Plea 12/15/14
132- Mooney Plea
142-Mooney Motion to Withdraw Guilty Plea 3/12/15
 supporting Exhibits
142.1
142.2
142.3
142.4
142.5
142.6
142.7
142.8
142.9
142.10
142.11


203-Goverment upward motion for 5 years
207-Mooney Sentencing Memo -Exposes Prosecutor misconduct
Exhibits to above Memo 1-5, 6-11, 12  READ THIS IT COVERS PROSECUTORIAL MISCONDUCT AND LIES IN THE INDICTMENT 
234-Motion Response Mooney
233-Motion of Gov to ask for more Time
232-Motion Mooney extradition
232-1 Order to leave Belize
​230-Harding Letters of support
​227-Motion Gov to extend time motion granted
226-Motion Gov asking for more time re: motion to dismiss
​224-Mooney Motion to Dismiss
226-Gov ask for more time AGAIN
227-Judge approves Gov extension of time
230-Sentencing Memo Jim Harding
232-Mooney Deportation 
233-Gov ask for more time
​234- Mooney Motion to Dismiss 8/26/2016
237- Order dismissing my motion to dismiss 8/31/2016
249-Judge Order - Re: sentencing hearing Nov. 7, 2016
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January 2017 >>>>>>>WAITING FOR SENTENCING>>>>>>>>>>>>
TRANSCRIPTS
2-12-2014 First appearance - FL
5-25-2014 first Conference Hearing 
12-19-2014 Dates Set for Trial finally
1-14-2015 Plea Hearing Rule 11
8-12-2015 Withdraw plea hearing. Judge Blatt ruled the Hague laws 22 CFR 96 applied to Ethiopian Adoptions including 42 USC 14944
That the Federal Register clearly says did not apply until July 14. 2015. AFTER MY ARREST!
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We are having to wait until Jan. 17, 2017 for the transcripts of the Aug. 28. 2016 hearing. REALLY! 5 months!