After their April 14, 1998 conviction on various charges , eight Republic of Texas citizens were incarcerated in the county detention center in Dallas awaiting their sentencing this coming June or July.  Convicted of one or more federal counts of conspiracy to commit mail fraud and bank fraud were:

• Richard McLaren, Chief Ambassador of the Republic of Texas
• Evelyn McLaren, wife of Richard MacLaren
• Richard Kieninger, chief trustee of the Republic of Texas Trust and founder of the Adelphi community near Dallas
• Steven Crear, former President of the Republic of Texas and prominent leader in Dallas' black community
• Joe Reece
• Jaspar Baccus
• Leo Brown
• Linh Ngoc Vu

A ninth defendant, Mark Hernandez, was acquitted of all charges.

Federal charges were brought relating to the controversial use of financial instruments called "warrants" to fund Republic of Texas operations starting in late 1996 and continuing through the first part of 1997. These warrants, similar in appearance to cashiers checks, were backed by an eminent domain lien against the assets of the State of Texas. Republic of Texas leaders claimed that this lien had been perfected in their courts, and the warrants were issued to creditors with the expectation that the face amounts of the warrants would be paid by the State of Texas treasury. Although it appears that at least one warrant was initially paid by the state treasury (payment was later rescinded), most others were not. Creditors lost approximately $435,000.

Federal authorities maintained that the warrants were fraudulant instruments, while the defense maintained that Republic of Texas leaders created the warrants in good faith with the expectation that State of Texas authorities would process them to satisfy legitimate claims against state assets. The defense maintained that they were not to blame for the failure of the State of Texas to correctly process the warrants.

Before rendering its verdict, the jury deliberated for three and a half days, which led some to suspect that more of the defendants might be acquitted.  The real factor in the long deliberation, however, seems to have been the complexity of the charges--several times the jury asked Judge A. Joe Fish for clarification on varous points of law.

As of Tuesday, April 21, 1998, Richard Kieninger, Steven Crear, Jaspar Baccus, Joe Reece, Leo Brown, and Linh Ngoc Vu had been moved from the county detention center in Dallas to the federal prison at Seagoville, which is located off Interstate 20 between Terrell and Dallas. Conditions there are much improved over county facilities, with easier access to phones, a law library, and television. In addition there are improvements in ventilation, food, and sleeping accomodations.

Appeals through the Fifth Circuit Court of Appeals are anticipated by all those convicted. Key points in the appellate process center around the following issues:

• Was there sufficient evidence to support the conviction of all those charged? This would apply especially to those who appeared merely to have been caught up in issuing or distributing the warrants, rather than creating them.
• Did Judge A. Joe Fish improperly strike one juror, a latino man who was dismissed with no explanation. According to precedent (Batson), judges must give a race-neutral reason for striking any minority juror.
• Did Judge A. Joe Fish improperly allow an IRS agent who testified for the prosecution to summarize testimony given by some sixty other witnesses?
• Did Judge A. Joe Fish improperly seal the file of Arthur Griesacker? The judge and the prosecution were allowed access to Mr. Griesacker's FBI file, while the defense was barred from seeing it. This is key information, because Mr. Griesacker encouraged Republic of Texas leaders to create and use the warrants, arguing that they were completely legal. Several years ago the Montana Freemen were prosecuted for using similar financial instruments, also at Mr. Griesacker's urging. Recently the FBI withdrew a federal warrant against Mr. Griesacker, one indication that he may have been working with federal authorities.

During 1995 and 1996 many patriot reform groups and militia groups received faxes regarding an FBI/CIA operation called "Operation Garden Splice." The modus operandus of Operation Garden Splice seems to have been to encourage leaders of groups critical of the federal government to pursue illegal activities so they could be prosecuted and discredited. Some suspect that Mr. Griesacker may have been part of a federal conspiracy to entrap and neutralize its critics.

Appeals must be heard by the Fifth Circuit Court of Appeals, and some legal experts say this could present difficulties for Republic of Texas leaders, since they previously sued the Fifth Circuit.  Less prominent players--Jaspar Baccus, Joe Reece, Leo Brown and Linh Ngoc Vu--may have an easier go of it in the appellate process, especially with regard to sufficiency of evidence issues.

Mandatory federal sentencing guidelines might suggest consecutive sentences that could run into the hundreds of years for convictions on multiple counts of conspiracy to commit bank fraud and mail fraud. However consecutive sentencing is rare, and concurrent sentences would limit time served by those convicted. One legal expert predicted a 20-30 year sentence for Richard McLaren, with lesser sentences for the others. Evelyn McLaren and Richard Kieninger have no previous convictions, and the court may show Mr. Kieninger, 70, some leniency due to his age.

The court is unlikely to recommend fines, since all those convicted are classified as indigents.