ELKINS -
A trial could wrap up as early as midday today in the case against a former soldier from Parsons accused of engaging in a bribery and money-laundering scheme.
After the jury left the courtroom June 20, attorneys discussed plans of action for the next few days. Federal prosecutors said they hope to rest their case by the end of the day June 21 and both parties said they hope to be finished June 22.
The trial of former Army Sgt. 1st Class Richard Allen Evick, 41, of Parsons, and his alleged associate, Crystal Yvette Martin, 48, of Pontiac, Mich., started June 18 in U.S. District Court for the Northern District of West Virginia in Elkins.
According to court documents, Evick is charged with receiving more than $170,000 in bribes from two firms that had contracts with the U.S. Department of Defense in Kuwait.
Martin is accused of laundering the bribe money and arranging transfers to the United States. Martin is a former Army master sergeant who operated a concession to sell clothing at American military bases in Kuwait, a news release from the Department of Justice stated.
The indictment also alleges Evick and former majors James Momon and Christopher Murray "improperly disclosed contracting information to two firms that were seeking contracts from the U.S. military," the news release stated.
Momon, a former contracting specialist at Camp Arifjan in Kuwait, previously pleaded guilty to bribery.
Federal prosecutors called Wajdi Rezik "Dino" Birjas to the stand June 21. Birjas, a former contracted Arabic translator at Camp Arifjan and customs compliance supervisor, pleaded guilty to conspiracy to bribery and conspiracy to money laundering.
In his testimony, Birjas said he created a business partnership with contractors and bought a "party villa" in Kuwait City to entertain contractors and certain U.S. Army officials.
Birjas said when he told Evick about the business relationship, Evick accepted the offer.
"He said there should be no shame for either of us because this is solely Kuwait money supplied to the U.S. government. He said he and I should not feel bad in the ways we were using taxpayer money," Birjas said.
Birjas said within a few days of their first meeting, Evick allegedly stopped by Birjas' office where he dropped off a packet. At first, Birjas said they "acted like they were talking about customs" until there were not as many people around.
Birjas said the packet contained insider information such as the maximum amount the military was willing to spend, the type of equipment they wanted and how fast they wanted it.
This allowed the contractor to maximize its profit, Birjas said.
When asked about other businesses bidding, Birjas responded, "We were the other businesses, sir." Birjas said they made sure the other businesses presented much higher bids.
Birjas said he asked Evick how much money he wanted back. He said Evick responded, "whatever is fair."
All together, Birjas said there were six to seven contracts conducted in this fashion. In four of those contracts, Birjas said contractors paid bribe payments to Evick.
Birjas testified he and a contractor also gifted Evick and Momon flight and hotel accommodations for a New Years Eve celebration in Dubai.
When Evick was ready to head back to the US, Birjas said Evick approached him to talk about options for holding his money.
Birjas said he offered to hold the money for Evick while he was gone. But this offer was not made out of good will, Birjas said. Instead, Birjas said he planned to take the money and run like he planned to do with Momon's money all along.
Birjas said Evick told him he would entrust his money to Martin, however.
Relationships later went sour between Birjas and his contracting partner, Birjas said. Birjas testified his business partner felt his contract with the U.S. Army was not as good as he thought it was and agreed there would be no bribe payments.
The contractor also considered whether he wanted to continue his performance with the Army, Birjas said.
When the contractor did not pay Birjas for the contract, Birjas said the business relationship ceased and his mind turned to Momon's money, which was still locked in his closet safe.
After Momon left Kuwait in August 2006, Birjas said he used his money to buy a property in Jordan and set up a travel agency in Kuwait.
"I was living the high life with expensive clothing, jewelry … vacations," he said.
Momon didn't forget about his money though, Birjas said. Soon after his departure from Kuwait Momon called looking for his money, Birjas said.
Although Birjas had changed his personal cell phone number, Momon found him at the host nation's office.
Birjas said he was nervous because he didn't want to talk on his office phone so he asked for his cell phone number to call him back at a later date.
Two days later, Birjas called Momon saying there was only $510,000 left, he said. Hoping to put Momon off, Birjas said the money was lost in conversion, and he took out his fee for holding his money.
But Momon didn't give up easily, Birjas said. Birjas said Momon told him to come up with $250,000 as soon as possible. Birjas said Momon told him his friend, Martin, was in Kuwait and could collect it.
Birjas said he met Martin in a Kuwait City coffee shop, where Birjas asked for more time to collect the funds. Birjas testified he continued to try to buy time, but Martin eventually told him she was "under pressure to get the money."
Later, Birjas said he and another person decided to start a business to market certain items to the military. The two men later decided to hire Martin as a third person to promote the products, Birjas testified.
Federal prosecutors showed an alleged email exchange between Birjas and Martin where Martin wrote the account number for Birjas to deposit some of Momon's money.
Defense attorneys took issue with the email during their cross examination of Birjas, saying federal prosecutors skipped over certain sections talking about that business.
Attorneys pointed out the subject line of the email, which was the name of Martin's and Birjas' business.
Birjas explained they were in the process or purchasing security vehicles and equipment in America. Under the line where Martin wrote the account number and Birjas said he would deposit $15,000, attorneys pointed to another line that directed Martin to buy the latest model.
Birjas was fired from Arifjan for wrongdoing but later ended up working as a translator in Iraq for a year and a half, he said. Investigators later approached Birjas, but he wasn't always cooperative, he said.
Defense attorneys took issue with Birjas initial statements to federal investigators. Birjas said he initially told investigators there was $350,000, which was not true.
Birjas said when investigators contacted his family in Jordan and asked to submit records from Kuwait City, he hired an attorney and corrected the number he originally stated.
Attorneys also mentioned Birjas initially denied involvement in taking bribes and also denied transferring or holding money for Momon.
In recross, Birjas explained he changed this statement when he heard his name mentioned in the recorded conversation between Evick and Momon.
Attorneys also questioned whether he was motivated to get someone else in trouble to reduce his restitution. But Birjas said he wasn't aware his restitution would be reduced.
Evick's attorney questioned Birjas how Martin was pressured by Momon when she had only talked to Momon one time in her life. Momon said he was not aware of their prior meetings.
Evick's attorney asked if a federal prosecutor had helped find an attorney for Birjas shortly after the first few interviews. Birjas said he started seeing himself telling lies and wanted to make things right.
Attorneys also asked if he was asking for a lower sentence by pinning $100,000 on Martin, noting it would be a "convenient" way to explain away that money. Birjas said that was not true.
Trial continued 8:30 a.m. June 21 but Birjas' testimony wrapped up June 20.
To read more about testimony in this case, visit http://www.statejournal.com/story/18826744/trial-begins-for-former-soldier-accused-of-bribery-money-laundering.
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