Thread: Man Accused of Smuggling Family in Court

Man Accused of Smuggling Family in Court
Tuesday September 11, 11:38 am ET
By Dave Kolpack, Associated Press Writer
Businessman Accused of Smuggling Family Members Appears in Court


FARGO, N.D. (AP) -- A British businessman is accused of trying to smuggle family members into the United States in hidden compartments of a motor home.
David Hartley appeared at a detention hearing in federal court Monday on four felony charges of transporting and harboring illegal aliens. He has pleaded not guilty. His lawyer says he is a millionaire businessman seeking asylum.


Hartley, 47, was arrested in June at the Westhope port of entry north of Minot, authorities said. The case was sealed from public view until Friday.

Hartley and his son arrived at the border in a motor home in the early evening of June 24, and he told border agents he had traveled from Florida to Winnipeg to investigate some real estate deals and take a vacation, authorities said.

Agents said they eventually found his wife and two of his daughters hiding under a slide-out bed. Another of Hartley's daughters was discovered hiding in a sleeper sofa, the federal complaint said.

Hartley's wife, Ann, and his 21-year-old daughter did not have visas, the complaint said. The indictment accuses Hartley of transporting and concealing them, though it does not specifically mention the other children.

The complaint said Ann Hartley could not get a 90-day visa because she overstayed previous visits. She applied for a visitor's visa in February at the U.S. Consulate in London and was denied, authorities said.

Hartley, a native of Liverpool, received a business visa in 2000, said his lawyer, William Kirschner. The complaint against Hartley said he has "multiple convictions" in Britain for theft and at least one drug conviction.

Kirschner entered financial documents as evidence Monday, saying they show Hartley is "a man of substance." Hartley's personal financial statement in 2005 showed assets of $16 million and a net worth of $15.5 million, Kirschner told U.S. Magistrate Judge Karen Klein.

Kirschner said he had construction contracts from earlier this year showing Hartley's company was building 10 higher-end homes in the Ocala area.

"He wants to be an American citizen," Kirschner said. "He pays taxes. He's made a good life for his wife and family and he wants to stay."

A Web site for Wilcox Homes of Ocala, Fla., lists Hartley as president and CEO of the company.

"If we don't get him out soon, the business is going to go belly-up," Kirschner said.

Kirschner asked Klein to release Hartley from the Cass County Jail so he could tend to business matters. The lawyer said his client would be happy to wear an ankle bracelet or stay in a halfway house.

Assistant U.S. Attorney Nick Chase said Hartley is a flight risk and said the case in federal court likely would be resolved quickly.

Kirschner said Hartley has "no intention of voluntarily leaving the United States," and asked Klein to prevent him from being deported. Hartley sought political asylum when he was arrested, and earlier applied to the British government to be in a witness protection program because of three attempts on his life, his lawyer said.

Chase countered that Hartley has not lived as if he were in fear.

"For somebody who is in fear of his life ... the Web site (of his business) has his full biography," Chase said.

Klein said she would rule in the next couple of days.


http://biz.yahoo.com/ap/070911/nd_famil ... .html?.v=1

British Man Faces Penalties for Improper Entry

10/11/2007

A British businessman accused of trying to smuggle his family into North Dakota must pay a $5,000 fine and forfeit a motor home.

Forty-seven-year-old David Hartley pleaded guilty in federal court to a misdemeanor charge of improper entry by aliens.

His case will be transferred to U.S. Immigration and Customs Enforcement, which will decide whether Hartley is deported.

Authorities say he tried to sneak family members into the country in a motor home -- and at least two of them did not have visas.

Authorities say in court documents that Hartley has "multiple convictions" in Britain for theft and at least one drug conviction.

http://www.kqcd.com/News_Stories.asp?news=11642