Las Vegas case focus of docudrama

Kim Smith

Wednesday, Oct. 13, 1999 | 8:57 a.m.

Two federal probation officers recently impressed their bosses in Washington, D.C., so much that the supervisors decided to make a docudrama about their work on a Las Vegas telemarketing case.

Probation officers Sandy Schmitt and James Perdue broke a national U.S. Department of Justice record when they found more than $300,000 that one of their probationers, Marc Levy, had hidden away in order to avoid paying restitution and back child support.

Officials within the administrative office of the United States Courts want Congress to think about the Levy case when they discuss budgetary concerns, so they decided to make a docudrama to show on Capitol Hill, said John Gonska, supervising U.S. probation officer of Nevada.

The film was taped a few weeks ago at various locations around Las Vegas, Gonska said. They shot footage at Cashman Center, inside various banks and apartments, and inside the U.S. probation office.

The filmmakers also talked to all of those involved in the case, including U.S. District Judge Lloyd George and Assistant U.S. Attorney Joe Sullivan.

"I'm sure Steven Spielberg won't be knocking on my door," Gonska said. "I played the bad guy and that was the fun part."

Levy was sentenced to 27 months in prison and three years of supervised release after pleading guilty to telemarketing-related charges. He was also ordered to pay more than $268,000 in restitution and a penalty assessment fee of $35 per month.

When Levy got out of prison in March 1998 he got a low-paying job as a janitor. Shortly thereafter his probation officers began getting suspicious about his actions.

"When Levy was in the office, Sandy Schmitt noticed that he had a key on his key ring that looked like it belonged to a safe deposit box," Sullivan said. "She also noticed that he was receiving notices from New York about child support."

After doing some investigating, Schmitt and Perdue found two safety deposit boxes, one with $47,000 inside and the other with $260,000 inside, Sullivan said.

Further checking revealed that Levy owed more than $80,000 in child support for his 11-year-old son in New York, Sullivan said.

George issued an order for the money to be handed over to Levy's victims and the remaining funds be given to Levy's former wife, whose child support case was transferred from New York to Nevada with the assistance of the Department of Health and Human Services and the Clark County district attorney's office.

"The mom was ecstatic," Sullivan said. "She put it in a college fund for the child."

Robert Musser Jr., a U.S. Probation and Parole supervisor, said the Levy case was atypical.

"Most telemarketers get the money and they live the high life until they run out," Musser said. "Levy was rare in that he got the money and he kept it."

Sullivan agreed.

"Usually when people get (illegal proceeds) they spend it so when they get caught the only way the victims can get restitution is for the defendant to go back to work and have it taken out of their check," Sullivan said. "This case was a rewarding experience for all involved because we were able to make sure all of the victims got their money back."

Sullivan said Levy has pleaded guilty to obstruction of justice and willful failure to pay child support. He was sentenced Tuesday.

The statutory maximum sentence for obstruction of justice is 10 years, and the maximum sentence on the child support charge is two years.