Charges filed in New York in Haiti sex-abuse case (AP)

Charges filed in New York in Haiti sex-abuse case (AP) NEW HAVEN, Conn. – Federal prosecutors say an arrest warrant has been issued in New York for a man accused of sexually abusing boys in Haiti after a judge dismissed charges against him in Connecticut. A criminal complaint was filed in Brooklyn against Douglas Perlitz on Thursday, a day after federal Judge Janet Bond Arterton in New Haven dismissed charges against Perlitz. Arterton said she was only ruling on the venue issue and that her dismissal did not prohibit prosecutors from charging Perlitz in another state. She noted that Perlitz flew to Haiti from airports in New York and Florida but took no flights from Connecticut. Perlitz is accused of enticing children into sex acts by promising them food, shelter and other items. William Dow, Perlitz' attorney, says his client will plead not guilty. ____________________ Pour vos activités Import-Export : TOTAL SHIPPING & TRANSPORT, Ltd., 57, Rue 14 I-J Cap-Haitien, Haiti, Tél: (509) 3740-4040, ralphdgeorges@gmail.com

press release July 15, 2010, 9:56 a.m. EDT · Recommend · Post: UnderSea Recovery Corporation Announces Letter of Intent for Shipwreck Recovery Permit in Haiti ATLANTA, Jul 15, 2010 (GlobeNewswire via COMTEX) -- UnderSea Recovery Corporation ("UNSR") (formerly Legal Access Technologies, Inc.) (Pink Sheets:LGAL) announced today that it has received a Letter of Intent, dated July 8, 2010, from His Worship, the Mayor of Cap-Haïtien, Haiti, Honourable Philocles St- Fleur, in which he committed his strong support for UNSR to engage in projects for search and recovery of historic treasure shipwrecks in the territorial waters of Cap-Haitien, Haiti, where a number of wrecks are recorded to be situated, using the proprietary ATLIS technology. His Worship is also the Chairman of the Council of Mayors, many of whom also have documented wrecks in their territorial waters. Because the infrastructure of Cap-Haïtien was not severely impacted by the earthquake which devastated the capital city of Port-au-Prince, over 400,000 people from the capital, many businesses and a number of government functions have been moved to Cap-Haïtien, resulting in the Mayor receiving increased jurisdictional authority. Included in the documented wrecks in Haitian territorial waters is one reported to contain $2 billion worth of gold, according to Nigel Pickford, one of the world's foremost treasure wreck historians, in his excellent book, The Atlas of Shipwrecks & Treasure. In making this announcement, Herbert Leeming, UNSR's CEO, stated: "I am greatly pleased to be able to make this announcement. Our ability to obtain a permit to search for and recover historic shipwrecks in the territorial waters of the Republic of Haiti would be an invaluable opportunity to provide revenues for UNSR and, of utmost importance, for the vital rebuilding needs of the Haitian government. Last week I discussed our plan of marine operations with a number of senior Haitian governmental and business delegates attending a Trade Mission Conference in Ft. Lauderdale, Florida. I was accompanied by our newly appointed Vice President for Permitting, who initiated my meetings with the Haitian trade delegation. She was instrumental in successfully securing the Jamaican search and recovery permit for the Pedro Bank during 2002-2003. She is very experienced in working with the countries of CARICOM (the Caribbean Community and Common Market) and will work with us to obtain shipwreck permits throughout the Caribbean Basin. I, along with a team from UNSR, will be traveling to Cap-Haïtien within the next few weeks to finalize the agreement and procedures for our search and recovery projects." Relating to the previously announced $1.5 million funding, Mr. Leeming also reported that "one final requirement is being completed and funds are expected to be released to UNSR shortly." About the Company The Company is engaged in the business of locating and recovering historical shipwrecks, primarily those from the 15th through 19th centuries, and other cultural resources (artifacts and other objects of historical and archaeological interest) from the world's oceans and large lakes by applying advanced technologies in an environmentally responsible manner. Forward-Looking Statements Caution: This release includes forward-looking statements, which are based on certain assumptions and reflects management's current expectations. These forward-looking statements are subject to a number of risks and uncertainties that could cause actual results or events to differ materially from current expectations. The Company disclaims any intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise. This news release was distributed by GlobeNewswire, www.globenewswire.com SOURCE: UnderSea Recovery Corporation CONTACT: UnderSea Recovery Corporation Bobby Goldman, VP - Business Development 212-628-8777 bobby777@rcn.com (404) 826-1164 P.O. Box 28961 Atlanta, GA 30358 (C) Copyright 2010 GlobeNewswire, Inc. All rights reserved.

PERLITZ -- NY arrest warrant attached

PERLITZ -- NY arrest warrant attached

Douglas Perlitz : Open letter to Joseph Berardino, Order of Malta leader and former CEO of Arthur Andersen - "Joe, why won't you help the sex abuse victims in Haiti?"

OPEN LETTER   July 16, 2010   Joseph Berardino Treasurer Connecticut Order of Malta Greenwich, Connecticut   Dear Joe,   I need to be very clear with you.   The children who reported to U.S. authorities that they were sexually abused by Douglas Perlitz, former Executive Director of Project Pierre Toussaint in Cap Haitian, Haiti, need to be fed, clothed and sheltered. http://www.ctpost.com/betrayal/   They need these things now.   Joe, you are the former chief executive of Arthur Andersen, once one of the big five accounting firms, employing 28,000 employees in the US and 85,000 worldwide. So why can't you seem to accomplish the simple task of providing food and shelter to twenty or so boys in Haiti?    You have power and influence within the Fairfield University and Order of Malta communities.   You were the recent chairperson of Malta's annual pilgrimage to Lourdes' (see below).   You are a long time Fairfield University Trustee. You serve as Treasurer of the Connecticut area Malta group.   You have remained a prominent member of Malta in spite of the fact that your Connecticut Malta colleagues, Jeanie and Tom Tisdale, Hope Carter and Madeline Lacovara have all abandoned these homeless, street kids for the sole reason that the boys accused Perlitz of raping them.   Joe, these are the very same people you traveled to Lourdes with. These are the same people you dined and laughed with. In addition, you stood by and said nothing when Joe Miller, the President of the American Malta Association, presented Hope Carter with an award for her humanitarian efforts in Haiti. I am sure you all raised your glasses in a gleeful toast to Ms. Carter.   But, think about this, Joe. If it cost just $3,000 per person for room, board and air travel to Lourdes, this same amount of money could provide nourishing food for each of the boys for 1,500 days, at a cost of two U.S. dollars per day.   I am not suggesting that you should not have gone to Lourdes, but I think it's important to put things into perspective. Even now, President Miller (who told me two weeks ago, "I've got the check in my pocket) is sitting still, doing nothing.   As you may know, a small group of survivors and their supporters from New England raised $2,500 to help provide the boys with some of their basic needs. We are able to cover food expenses through the end of next week, then there will be nothing for the boys.   As I have pointed out before, it is important for the boys to feel cared for and supported. In a real sense, this is the beginning of a therapeutic process for those who experienced the horrific trauma of child sex abuse.   At a basic minimum of U.S. $2.00 per day for each boy, Joe, we need at least $280.00 per week to be able to feed these kids next week and the weeks thereafter. We have a system already in place, but we cannot purchase and distribute the food without funding.   Joe, this senseless and deliberate procrastination on the part of Malta leaders must stop now. Each and every Malta member in Connecticut needs to get off their high horses and get busy helping these kids.   After all, it's the Tisdales, Carter, Lacovara and Rev. Paul Carrier, S.J. who helped bring about the downfall of the Project.   Sincerely, Paul Kendrick Freeport, Maine 207 838 1319   The American Association departed by chartered aircraft on Wednesday, April 28, 2010 to participate in the Annual International Malta Pilgrimage to Lourdes and returned on Tuesday, May 4, 2010.   The Chairpersons of the Association's 2010 Pilgrimage were Gail and Joe Berardino, members of the Order from the Connecticut Area. https://www.maltausa.org/lourdes.php  https://www.maltausa.org/areas.php?area=connecticut

Quickly refile Haitian charges Published: 04:59 p.m., Wednesday, July 14, 2010 A judge's dismissal of charges against a Fairfield University graduate accused of sexually assaulting impoverished boys in Haiti is an embarrassment to the prosecution. Immediate steps must be taken to file charges in the appropriate district and see that the case proceeds.   On Wednesday, U.S. District Judge Janet Bond Arterton dismissed an indictment against Douglas Perlitz that claimed he used his position as head of a charitable foundation to victimize people he was supposed to be helping. But the decision in no way vindicates Perlitz.   Arterton said federal prosecutors are not forbidden from re-indicting Perlitz in another jurisdiction. To see justice is served, that is what prosecutors must do.   Though Perlitz lived in Connecticut during part of the time the alleged abuse took place, none of the abuse itself was said to have taken place here. That made the indictment, under Arterton's ruling, impermissible.   Perlitz was founder and director of Project Pierre Toussaint, a charitable organization in Haiti's second-largest city, Cap-Haitien. Though largely spared the effects of the devastating earthquake six months ago, Cap-Haitien, like the rest of the nation, is desperately poor.   The Perlitz prosecution signaled a crackdown on so-called "sex tourism," where people decamp to foreign countries for activities that would be illegal in this country but often cannot be prosecuted in nations with ill-functioning legal systems.   The prosecution must view this action as a setback, not a dead end. Find the appropriate venue, refile the charges and let the case take its course.

Indictment tossed, prosecutors look to file new sex-abuse charges against Perlitz Michael P. Mayko, Staff Writer Published: 11:46 p.m., Wednesday, July 14, 2010   Douglas Perlitz in a 2004 file photo. In a ruling that stunned federal prosecutors, a judge Wednesday dismissed the international sexual abuse indictment against Douglas Perlitz after determining that no criminal acts occurred in Connecticut and, as a result, the case could not be tried here. However, U.S. District Judge Janet Bond Arterton noted that her 25-page ruling does not deter the government from seeking an indictment in another district. Photo: ST / Connecticut Post File Photo View Larger Image   NEW HAVEN -- Hours after dismissing the sexual abuse indictment against Douglas Perlitz, a federal judge Wednesday ordered the 2002 Fairfield University commencement speaker kept in custody at least until July 23 as prosecutors move swiftly to file new charges.   This allows the prosecution team to file charges in federal court in Brooklyn, N.Y., alleging that Perlitz flew from Kennedy International Airport to Haiti with the intention of sexually abusing young boys in that impoverished country. It also gives U.S. Attorney David Fein time to discuss with his supervisors at the Justice Department in Washington the feasibility of appealing the dismissal.   The 25-page ruling by U.S. District Judge Janet Bond Arterton, who found there is no evidence that the Fairfield University graduate committed any criminal act in Connecticut, set off a six-hour flurry of meetings, conference calls and court filings all intended to release or keep Perlitz behind bars.   "If I were a gambling man," said Jeffrey Meyer, a former assistant U.S. attorney here who headed the appellate division, "I would expect the government to file a criminal complaint" in Brooklyn. "That way, they could easily move the whole prosecution team there."   He said appealing the dismissal "might help clarify the law," but could delay what was expected to be an Oct. 1 trial for more than a year.   "I tend to doubt they would want to do that," said Meyer, now an associate professor at Quinnipiac Law School.   But New York is not the only state that may come into play. Investigators have evidence that Perlitz also boarded flights in Florida and Colorado to travel to Haiti.   "Perlitz may have won the battle," said Alex Hernandez, a former assistant U.S. attorney who supervised the Bridgeport office before going into private practice, "but in the long term may lose the war."   If the government is inclined, it could indict Perlitz in several states, a move that could drain his defense fund.   "If the government should obtain a warrant from a court in which it believes there is proper venue, Mr. Perlitz is prepared to plead not guilty, just as he did in Connecticut," said William F. Dow III, who with David Grudberg is representing Perlitz. "It's somewhat surprising that the government would have overlooked a basic element of the case in its indictment."   No matter what route the prosecution takes, it will have to bring evidence and witnesses before a new grand jury in a new state. When and if prosecutors obtain new indictments, the legal process starts all over again with an arraignment, a request for bond and new motions to dismiss.   Until Wednesday, Perlitz, 39, a former Fairfield and Bridgeport resident, was charged with 24 counts of traveling from the U.S. to Haiti with the intention of engaging in sexual conduct with 18 underage boys.   All of those boys were once students in Perlitz's nationally recognized project to feed, clothe, shelter and educate homeless street boys living in Cap-Haitien, the second-largest city in one of the world's most impoverished nations. The program began in 1997 with a grant from the Order of Malta, a worldwide Roman Catholic charity.   It grew with international media recognition and millions poured in by wealthy Fairfield and Westchester County Catholics who established a nonprofit organization, named the Haiti Fund, to oversee fundraising.   However the project's luster dimmed in August 2007 when several students complained to a Haitian journalist that they were being sexually abused by Perlitz.   This led to an investigation by the Haitian National Police and the United Nations, which in January 2009 sought a warrant for Perlitz's arrest. But by then he had returned to the U.S. So Haiti and the U.N. appealed to the U.S. to prosecute him.   In September, Perlitz was indicted and arrested. Since then, he has been detained without bond in Rhode Island.   In April, Arterton heard arguments from Perlitz's attorneys seeking a dismissal of the indictment.   They claimed that Congress overstepped its bounds by extending federal prosecution of sex crimes committed in a foreign country, claiming the indictment did not specify all elements of the alleged crime, and claiming no criminal act occurred in Connecticut.   But Arterton focused on the Connecticut criminal connections and vigorously questioned both sides.   Assistant U.S. Attorneys Krishna Patel and Stephen Reynolds explained most of the donations for Perlitz's project were raised in Connecticut and then wired from here to his Haitian bank account. They pointed out that most of his flights were booked in Connecticut and he usually drove from Connecticut to Kennedy Airport.   But on Wednesday, Arterton ruled that wasn't enough.   She pointed out that "Perlitz is not alleged to have traveled in foreign commerce or engaged in any illicit sexual conduct while in Connecticut." As a result, she said both the Constitution and the Federal Rules of Criminal Procedure "prohibit the government from prosecuting him for those crimes in Connecticut."   She did not rule on any of the defense team's other claims.   Despite dismissing the indictment, Arterton gave the prosecution an out. She ruled that "the dismissal for improper venue does not prohibit the Government from seeking an indictment against Perlitz ... in the states where the said crimes shall have been committed."   Still her dismissal set off an outcry from advocates for victims of sexual abuse like the Survivors Network of those Abused by Priests and Paul Kendrick, a founding member of Voices of the Faithful's Maine Chapter.   "This is a devastating ruling that we desperately hope will be overturned by a higher court," said David Clohessy, SNAP's executive director. He called Perlitz, who has been convicted of no crime, "a dangerous predator who belongs behind bars and will likely molest again if given the chance."

Charges Dropped In Haiti Sex-Abuse Case

Charges Dropped In Haiti Sex-Abuse Case

BY EDMUND H. MAHONY, emahony@courant.com

8:41 p.m. EDT, July 14, 2010

HAVEN — —

A federal judge on Wednesday dismissed all charges in the government's high-profile prosecution of the founder of an internationally known youth charity in Haiti accused of traveling to the island and using his position of authority to sexually abuse impoverished and homeless boys.

But late in the day, acting on a hastily filed motion by federal prosecutors, U.S. District Judge Janet Bond Arterton agreed to postpone until July 23 her order dismissing the indictment against Douglas Perlitz, formerly of Fairfield and founder and director of Project Pierre Toussaint in Haiti's north coast city of Cap-Haitien.

U.S. Attorney David B. Fein, in his motion to stay the dismissal, said the government needed time to consider its options.

"A stay is necessary to prevent defendant — a person who has been previously detained by a magistrate judge in this District for the reason that he is a danger to the community — from being released from custody," Fein wrote in the government motion.

Perlitz has been detained without bail since his arrest in September.

In ordering the dismissal, Arterton said the U.S. attorney's office is prosecuting Perlitz in the wrong jurisdiction — Connecticut — for alleged offenses that occurred elsewhere.

In her written decision, Arterton said she is not prohibiting federal prosecutors from re-indicting Perlitz in another jurisdiction, or venue.

"This dismissal for improper venue does not prohibit the Government from seeking an indictment against Perlitz in judicial district(s) in which venue would be proper," Arterton said in a written ruling and order dated Wednesday.

The Perlitz case attracted the attention of advocacy groups opposing the abuse of children by priests after disclosures that fundraising for his charity was closely associated with a faculty clergy member of Fairfield University.

"This is a devastating ruling that we desperately hope will be overturned by a higher court," said David Clohessy, executive director of the Survivors Network of those Abused by Priests. "Perlitz clearly exploited and assaulted extremely vulnerable and poor Haitian children. He's a dangerous predator who belongs behind bars and will likely molest again if given the chance."

Perlitz, a 39-year-old graduate of Fairfield University, was indicted in January and charged with nine counts of traveling outside the United States with the intent to engage in sexual conduct with persons under the age of 18, and 10 counts of engaging in sexual conduct in foreign places with persons under the age of 18. He faces up to 30 years in prison and a fine of up to $250,000 on each count, if convicted.

The indictment said that he "befriended and recruited male street children to attend" the boarding school he ran for his charity. To "entice and persuade" the children to comply with his sexual demands, Perlitz promised them food, shelter, money raised from his donors, and items such as cellphones, shoes and clothing, the indictment said.

Federal investigators have said Perlitz threatened to turn the young boys, some of them orphans, out of the school and back onto Haiti's streets if they didn't comply with his demands.

Perlitz has argued in court, and Arterton agreed Wednesday, that prosecution in Connecticut would violate Perlitz's constitutional right to be tried in a place where his crimes were allegedly committed. His lawyer, William F. Dow III, argued that no conduct by Perlitz essential to any element of the crimes with which he is charged took place in Connecticut.

Federal prosecutors had argued, unsuccessfully, that because Perlitz lived in Connecticut, drove from Connecticut to a New York airport, bought airline tickets using money raised in Connecticut, and booked his travel from Connecticut, he committed acts in Connecticut that were essential to the crimes.

Arterton concluded the Perlitz's activity in Connecticut "is only non–criminal conduct in preparation for, and prior to, the criminal conduct charged."

"The Government's prosecution of Perlitz in this State would therefore violate the Constitution's requirement that a criminal prosecution occur 'in the state where the said crimes shall have been committed,' " Arterton wrote.

The Justice Department raised the profile on the case in an effort to demonstrate an aggressive stance against "sex tourists" who travel abroad to molest vulnerable children.

Perlitz's charity was located in Haiti's north coast city of Cap-Haitien, the second most populous city in the hemisphere's poorest country.

He was accused of offering boys as young as 6 shelter, food, clothing, shoes, water to bathe in, sporting activities, and basic education.

The project was financed in the past decade through the Haiti Fund Inc., a registered Connecticut charity. Fund directors were appointed by the Rev. Paul Carrier, the former director of campus ministry at Fairfield University. Carrier was a close friend of Perlitz's and frequently visited him in Haiti.

Donors contributed more than $2 million to Project Pierre Toussaint between 1997 and 2008. When allegations of sexual abuse surfaced in 2008, donations — many from Connecticut and the Fairfield University community — dried up. The charity closed in the summer of 2008, leaving the children homeless again.

Perlitz is a 1992 graduate of Fairfield University. In 2002, he delivered the school's commencement address and received an honorary degree. He moved from Connecticut to suburban Denver a year ago. The indictment against him said he spent most of the time since 1991 in Haiti.