'Dirty DUI' Cop Convicted of Extortion and Honest Services Fraud
Stephen Tanabe, a former deputy with the Contra Costa County
Sheriff’s Office, has been convicted of two counts of extortion under color of
official right, three counts of wire fraud on a deprivation of honest services theory,
and one count of conspiracy to commit honest services fraud.
According to evidence presented at trial, Tanabe conspired
to and engaged in a scheme to take bribes in exchange for his services as a
deputy sheriff, thereby depriving the people of Contra Costa County of their
right to his honest services.
Specifically, the evidence showed that Christopher Butler, a
former Antioch Police Officer turned private investigator, was hired by wives
and ex-wives engaged in divorce and child custody proceedings to arrange
“stings” against their spouses, whom they told Butler had a propensity to drive
under the influence of alcohol.
Butler used “decoys” to entice the sting targets to bars in
downtown Danville, where Tanabe was assigned to patrol, and encourage them to
drink.
For one sting, Tanabe joined Butler in a bar while off-duty,
watching two attractive young women working for Butler drink with a sting
target. Evidence showed that, in exchange for a promise of cocaine, Tanabe
notified an on-duty deputy that the sting target was about to drive away,
having been lured by the prospect out of a hot tub with the two women.
For two other stings, the evidence showed that Tanabe, then
on-duty, waited outside the Vine Bar in Danville and then arrested the targets
in exchange for a Glock handgun.
“This conviction confirms that Stephen Tanabe did not serve
his community with honor or integrity but instead set up unsuspecting citizens
and abused the public trust,” said United States Attorney, Melinda Haag. “Law
enforcement officers are hard-working, honorable men and women who work
selflessly every day to keep us safe. Stephen Tanabe is the exception, and he
does not deserve the badge he was wearing.”
The maximum statutory penalties for honest services wire
fraud under 18 U.S.C. §§ 1343 and 1346, conspiracy to commit same under 18
U.S.C. § 1349, and extortion under color of official right under 18 U.S.C. §
1951, are 20 years’ imprisonment; $250,000 fine; and five years of supervised
release. However, any sentence following this conviction will be imposed by the
court after consideration of the U.S. Sentencing Guidelines and the federal
statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Butler entered into a cooperation plea agreement with the
government on May 7, 2012, and was sentenced on September 25, 2012, to 96
months in prison.
Tanabe, 50, was originally indicted on December 15, 2011.
The superseding information on which he was tried filed June 12, 2013.
Sentencing is scheduled for December 11, 2013, at 10:00 a.m., before U.S.
District Judge Charles R. Breyer.