Case 1:12-cr-00130-CKK Document 18 Filed 09/10/12 Page 1 of 17
UNITED STATES DISTRICT COURT
DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA
v.
HOWARD L. BROOKS,
Defendant.
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)
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No. 1:12-cr-00130-CKK-1
DEFENDANT HOWARD L. BROOKS’ SENTENCING MEMORANDUM
Howard L. Brooks will appear before this honorable Court for sentencing on October 10,
2012, having pled guilty to a single-count Information alleging making a materially false
statement in violation of 18 U.S.C. § 1001. Through undersigned counsel, Mr. Brooks submits
this Memorandum in support of a sentence of one year of probation, two hundred hours of
community service, and no fine. Such a sentence is “sufficient, but not greater than necessary,”
to achieve the purposes of sentencing.
18 U.S.C. § 3553(a)(2).
Mr. Brooks accepts full
responsibility for his actions, and understands the serious nature of the crime he has committed.
This Memorandum explains why a sentence of probation is just and appropriate punishment for
Mr. Brooks, based on his personal history, the nature and circumstances of his offense, the
availability of the sentence of probation, the sentencing guidelines calculations, and the need to
avoid unwarranted disparities with similarly situated defendants.
It also explains why the
requested sentence will satisfy the purposes of sentencing articulated by Congress.
Case 1:12-cr-00130-CKK Document 18 Filed 09/10/12 Page 2 of 17
ARGUMENT
I.
A SENTENCE OF PROBATION IS WARRANTED UNDER 18 U.S.C. § 3553(a).
A district court “shall impose a sentence sufficient, but not greater than necessary, to
comply with the purposes set forth in paragraph (2),” which are “the need for the sentence
imposed—
(A)
(B)
(C)
(D)
to reflect the seriousness of the offense, to promote respect for the law,
and to provide just punishment for the offense;
to afford adequate deterrence to criminal conduct;
to protect the public from further crimes of the defendant; and
to provide the defendant with needed educational or vocational training,
medical care, or other correctional treatment in the most effective
manner.”
18 U.S.C. § 3553(a) & (a)(2). In devising a sentence compliant with the “overarching provision
instructing sentencing courts to ‘impose a sentence that is sufficient but not greater than
necessary’ to accomplish the goals of sentencing,” Kimbrough v. United States, 552 U.S. 85, 101
(2007); see also Pepper v. United States, 131 S. Ct. 1229, 1242 (2011), a district court must also
consider the nature and circumstances of the offense and the history and characteristics of the
defendant, 18 U.S.C. § 3553(a)(1), the kinds of sentences available, 18 U.S.C. § 3553(a)(3), the
sentencing guidelines and policy statements, 18 U.S.C. §§ 3553(a)(4) & (a)(5), the need to avoid
unwarranted sentence disparities among defendants with similar records who have been found
guilty of similar conduct, 18 U.S.C. § 3553(a)(6), and the need to make restitution to any victims
of the offense, 18 U.S.C. § 3553(a)(7). See also United States v. Booker, 543 U.S. 220, 245-46,
259-60 (2005). The Supreme Court repeatedly has made clear that the range prescribed by the
now-advisory Guidelines is but one of the sentencing court’s considerations – “a starting point
and initial benchmark” – and that the court must weigh all relevant Section 3553(a) factors to
“make an individualized assessment based on the facts presented.” See Gall v. United States,
2
Case 1:12-cr-00130-CKK Document 18 Filed 09/10/12 Page 3 of 17
552 U.S. 38, 50-52 (2007); Pepper, 131 S.Ct. at 1242-43.
A. Mr. Brooks’ Personal History and Characteristics, and the Nature and
Circumstances of the Offense (18 U.S.C. § 3553(a)(1)).
Section 3553(a)(1) provides a “broad command to consider ‘the nature and circumstances
of the offense and the history and characteristics of the defendant.’ ” Gall, 552 U.S. at 50 n.6.
The command is consistent with the Supreme Court’s observation that “the punishment should
fit the offender and not merely the crime.” Pepper, 131 S. Ct. at 1240, citing Williams v. New
York, 337 U.S. 241, 247 (1949). It is similarly consistent with Congress’ express directive that
“[n]o limitation shall be placed on the information” a sentencing court may consider “concerning
the [defendant’s] background, character, and conduct.” Id., citing 18 U.S.C. § 3661. Given Mr.
Brooks’ personal history and characteristics, and the nature of his offense, probation is an
appropriate sentence.
1. Mr. Brooks’ Personal History and Characteristics
Mr. Brooks was born in rural South Boston, Virginia in 1948. He moved to Washington,
D.C. at the age of 12 and has lived in the metropolitan area ever since. Mr. Brooks served in the
Army for one year until medical issues caused an honorable discharge from service. Lacking
higher education and possessing no specific training, Mr. Brooks nevertheless proceeded to rise
through the ranks at two iconic American businesses, and then became a successful and
accomplished entrepreneur, founding several successful businesses. He joined IBM in 1969, and
worked his way up from a grounds engineer all the way to senior sales representative.
After an 11-year tenure at IBM, he became a federal branch manager at Xerox
Corporation. In 1989, he launched his own business, Techmar Inc., which focused on the lottery
and transportation industries. Mr. Brooks also launched two imaging services that served the
radiology department at the former Greater Southeast Community Hospital in Washington, D.C.
3
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Born to humble roots, he is the epitome of a self-made American success story.
Mr. Brooks became known as a successful entrepreneur among his peers. But among
those close to him, he is known as a man who has spent a lifetime helping others around him.
The letters of support written on his behalf, attached to this Memorandum as Exhibits 2-18,
reveal a man defined by selflessness, charity, and a fierce devotion to helping others in his
community. The most common praise for Mr. Brooks comes from those who have witnessed
and/or benefitted firsthand from his extraordinary generosity, including an unlimited willingness
to give his talent, time, and resources to those in need. One friend states that Mr. Brooks has
altered lives by adhering to three principles – “help the homeless, advise the young, and assist
those in need.” See Ex. 2 (R. Austin). The attached letters show he has done exactly that. Mr.
Brooks paid for his friends’ and family’s education when they could not otherwise afford it. See
Ex. 7 (G. Goad). Other writers talk about the many times they witnessed Mr. Brooks give
generous cash gifts to homeless people on the street or to other needy strangers, including giving
a $100 bill one day to a beggar on the street, see Ex. 2 (R. Austin), or giving rent money to a
stranger who Mr. Brooks saw being evicted from her house, see Ex. 16 (L. Turner).
Mr. Brooks’ compassion goes beyond money – he has always played an emotionally
supportive role in the lives of those close to him. In this regard, Mr. Brooks is the epitome of a
“father figure” not only to his two sons, but to countless individuals outside his immediate
family. Friends count on him for emotional and spiritual counseling on all matters of life, see
Ex. 2 (R. Austin), Ex. 6 (H. Brooks, Jr.), Ex. 7 (G. Goad), Ex. 15 (B. Spady). In times of crisis,
especially when there is a death in the family, friends know they can count on him. See Ex. 5 (L.
and J. Beverly). Some of them think of him as their own father. See Ex. 15 (B. Spady). He has
always focused on mentoring young African-American men in his community in need of a strong
4
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and positive male presence in their lives, see Ex. 8 (A. Gray), Ex. 10 (D. Johnson) and has
consistently sponsored youth sports programs in Washington, D.C. See Ex. 3 (S. Austin). He
also pays extra special attention to the elderly, visiting people he knows who are confined to
nursing homes – “He does not just go for an hour or so, but will spend the whole day.” See Ex.
11 (W. and A. Madison). Community has always been important to Mr. Brooks and he has spent
considerable time and resources giving support to his church community. This includes giving
generously to allow church youth to attend religious retreats, see Ex. 9 (L. Green), chaperoning
events where the Church provided temporary shelter to the homeless, and making regular
contributions of both time and money to his church community.
Mr. Brooks’ family depends on him for guidance, counseling and emotional support. Just
as he is a strong presence in the lives of others, he is also a central figure in his immediate and
extended family. See Ex. 14 (L. Manning). He is one of the primary care givers to his aunt,
Mary Oliver, who suffers from debilitating Alzheimer’s disease and resides in a Washington,
D.C. nursing home. See Ex. 10 (D. Johnson), Ex. 16 (L. Turner). To this day, Mr. Brooks visits
her every week and is her primary link to the outside world. His persistent devotion to his
relatives was best evidenced by the many years he spent trying to rescue his brother from a drug
addiction. Mr. Brooks “arranged jobs, housing, and treatment in years-long efforts to free his
brother from the grip of his addiction.” See Ex. 17 (M. Walden), Ex. 18 (C. Walden). Mr.
Brooks’ tireless efforts to save his brother demonstrated his selfless character and his devotion to
family. His son, Howard, confirms that Mr. Brooks was not “just a role model for his children,
but to many.” As a father, Mr. Brooks taught his children the value of education, the necessity of
hard work, and the importance of family relationships. See Ex. 6 (H. Brooks, Jr.). Finally, Mr.
Brooks takes care of his wife, Sharon, who suffered a stroke in March of 2011 and who has
5
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noted that her husband has always cared for her and has been there for her since she got sick.
PSR ¶ 53.
2. The Nature and Circumstances of the Offense
(a)
Acceptance of Responsibility
The crime Mr. Brooks committed is serious. He takes complete responsibility for his
actions.
Mr. Brooks initially denied having any role in providing the secret payments to
Sulaimon Brown that enabled Mr. Brown to stay in the 2010 mayoral race.
Mr. Brooks
acknowledges that he delivered those payments, that he lied to federal investigators about them,
and that his actions were wrong. He admits that this was a critical lapse in judgment on his part
and a personal failure for which he is solely and completely responsible.
Mr. Brooks understands that his false statements could have initially hindered the federal
investigation of the diversion of campaign funds to the personal and campaign accounts of Mr.
Brown. At the same time, it is also crystal clear that Mr. Brooks’ subsequent and ongoing
cooperation with federal authorities has provided substantial assistance in furthering the
investigation and prosecution of illegal activities. We have submitted an Exhibit under seal
which provides the Court with an overview of Mr. Brooks’ assistance to date. See Ex. 19 (filed
under seal). The Exhibit demonstrates the herculean efforts Mr. Brooks has made to mitigate or
eliminate the potential negative impact of his initial false statements.
Mr. Brooks also recognizes the negative impact his actions have had within his own
community. As discussed above, Mr. Brooks has been a role model to many, especially to his
sons and other young African American males. One of the values he taught them was honesty.
So Mr. Brooks is particularly embarrassed about having made these false statements.
6
He
Case 1:12-cr-00130-CKK Document 18 Filed 09/10/12 Page 7 of 17
recognizes that lying betrayed what he tried to demonstrate as a father and a mentor, and
contradicted the shining example he had been.
He hopes that his public acceptance of
responsibility, and his cooperation with the federal authorities, will allow him to begin the
process of correcting those errors.
(b)
Nature of the Offense
Mr. Brooks also understands the serious impact of his actions throughout Washington,
D.C. The 2010 mayoral race was an important political moment for the city. As outlined in his
Statement of the Offense, Mr. Brooks provided Mr. Brown with $660 so that Brown could pay
personal and campaign expenses. Statement of the Offense at 2-4. The intent of these payments
was to keep Mr. Brown in the mayoral race at a time when Mr. Brown was publicly criticizing
then-Mayor Adrian Fenty, the most significant opponent to the Gray campaign. Mr. Brooks also
wrote false names on money orders purchased with campaign funds in an effort to conceal the
Gray campaign’s use of excessive donations, including contributions to Mr. Brown’s campaign.
While Mr. Brooks acknowledges that his actions were wrong and illegal, we hope the
Court will put his actions into context. It is clear that Mr. Brooks was not the mastermind behind
the idea to provide this funding to Mr. Brown. As noted in Mr. Brooks’ Statement of the
Offense, “Brooks was instructed to make these payments to Brown.” Statement of the Offense
at 2. These instructions came from the upper echelons of the Gray campaign, and certainly from
above Mr. Brooks’ rank. To be sure, Mr. Brooks willingly carried out this assignment – and
actually provided personal funds to Mr. Brown1 – so there is no excusing his conduct.
Nevertheless, it is important to note that Mr. Brooks was an unpaid volunteer until the last few
1
Mr. Brown also received blank money orders and cash from Mr. Brooks. Mr. Brown wrote false names on some
of them before depositing them in his campaign account and falsely reporting these as legitimate campaign
donations.
7
Case 1:12-cr-00130-CKK Document 18 Filed 09/10/12 Page 8 of 17
weeks of the Gray primary campaign. He took direction from the top level campaign staff, and
served as their liaison to volunteers.
While Mr. Brooks played an important role in the
campaign, he was not the “big fish” in the campaign or in the subsequent investigation.
Finally, we ask the Court to completely distinguish the amounts Mr. Brooks provided to
Mr. Brown from the $653,800 that a “shadow campaign” secretly used to support the 2010 Gray
campaign.2 Although Mr. Brooks played a role in providing campaign funds to Mr. Brown, it
should not be assumed that Mr. Brooks played a role in these unrelated, illegal campaign
activities. We hope the Court will not blur Mr. Brooks’ activities with these unrelated matters,
as there is no evidence in the record nor any suggestion that Mr. Brooks had anything to do with
the illegal shadow campaign.
B. The Requested Sentence is Statutorily Authorized (18 U.S.C. § 3553(a)(3))
A sentence of probation is not precluded by any statute or by the sentencing guidelines
themselves. Because the offense of conviction is not a Class A or B felony, Mr. Brooks is
eligible to receive probation, 18 U.S.C. § 3561(a), a substantial punishment in its own right.
Gall, 552 U.S. at 595-96. A sentence of probation would be consistent with Congress’ directive
that “sentencing decisions should be designed to ensure that prison resources are, first and
foremost, reserved for those violent and serious offenders who pose the most dangerous threat to
society,” Pub. L. No. 98-473, § 239, 98 Stat. 1987, 2039 (1984) (set forth at 18 U.S.C. § 3551
note).
2
On July 10, 2012, Eugenia “Jeanne” Clarke Harris pled guilty before this Court to charges of conspiracy and false
statements. United States v. Harris, No. 12-cr-0156 (D.D.C. 2012). She participated in providing alleged secret
funds in support of Vincent Gray’s mayoral campaign. Id., Statement of Offense at 5-6. The secret money bought
about 10,000 yard signs, 6,500 t-shirts, 200 umbrellas, 1,500 signs, 6,000 cardboard posters, 120,000 door hangers,
computers, banners, canvassers, consultants, vans and hotels. Id. at 6-8. Many of the materials had Gray campaign
logos and all were used in support of the campaign.
8
Case 1:12-cr-00130-CKK Document 18 Filed 09/10/12 Page 9 of 17
C. The Guidelines Calculation (18 U.S.C. § 3553(a)(4) & (5))
Pursuant to the plea agreement, Mr. Brooks’ total offense level is 4 and his advisory
guidelines range is 0-6 months. This calculation is based upon a base offense level of 6 for the
false statement conviction, and a downward adjustment for acceptance of responsibility (-2
levels) pursuant to USSG § 3E1.1(a). Mr. Brooks, a first time offender with a criminal history
score of zero, falls under criminal history category I, which leads to a sentencing guidelines
range of 0-6 months. This is the calculation reflected in the plea agreement reached between Mr.
Brooks and the government, and the United States probation office agrees with this calculation.
D. The Need to Avoid Unwarranted Disparities (18 U.S.C. § 3553(a)(6))
The requested sentence of probation would not create a disparity, much less an
unwarranted disparity, among defendants with similar records who have been found guilty of
similar conduct. 18 U.S.C. § 3553(a)(6). Conversely, a sentence providing for any length of jail
time would create an unwarranted disparity with similarly situated defendants. A review of
sentences handed down over the past six years to defendants convicted of false statement charges
demonstrates that defendants similarly situated to Mr. Brooks are rarely, if ever, sentenced to
incarceration in the District of Columbia. See Table 1, infra. As these cases show, it would be
nearly unprecedented since 2006 for someone convicted in the District of Columbia of a single
count of making a false statement, without any loss amount and/or restitution resulting from the
offense conduct, to be sentenced to incarceration rather than to an alternative form of
punishment.
9
Case 1:12-cr-00130-CKK Document 18 Filed 09/10/12 Page 10 of 17
TABLE 1
Single Count False Statement Convictions under 18 U.S.C. 1001
with Probation Sentences in the District of Columbia since 2006
Case
Number
Date
Sentence
Months
U.S. v.
Polozola
U.S. v.
Mahler
U.S. v.
Odom
U.S. v.
Chase
U.S. v.
Rodney
U.S. v.
Snapper
U.S. v.
Lerch
U.S. v. ElGamal
U.S. v.
Jurgensen
U.S. v.
Shim
U.S. v.
Lieb
U.S. v.
Liner
U.S. v.
Bazan
U.S. v.
Hanson
U.S. v.
Stadd
U.S. v.
Watkins
U.S. v.
Walton
U.S. v.
Quinn
U.S. v.
Payton
11-cr-374
3/26/12
Probation
24
09-cr-266
11/3/11
Probation
24
0-6
None
Lamberth
11-cr-226
10/12/11 Probation
36
0-6
$15,180
Boasberg
11-cr-214
10/6/11
Probation
36
18-24
11-cr-38
7/22/11
Probation
24
0-6
None
Sullivan
10-cr-325
6/29/11
Probation
36
10-16
None
Friedman
10-cr-264
6/16/11
Probation
24
0-6
None
Sullivan
10-cr-129
5/16/11
Probation
24
0-6
None
10-cr-279
3/14/11
Probation
24
0-6
$11,758.00
KollarKotelly
Collyer
09-cr-262
12/19/10 Probation
60
6-12
None
Walton
10-cr-144
10/7/10
Probation
24
0-6
None
Walton
10-cr-26
8/20/10
Probation
60
10-16
$68,461.20
Kennedy
09-cr-368
7/9/10
Probation
24
0-6
None
Friedman
09-cr71(2)
09-cr-65
2/3/10
Probation
24
0-6
None
Friedman
11/6/09
Probation
36
6-12
None
Collyer
09-cr-52
7/23/09
Probation
36
0-6
None
Sullivan
08-cr-199
11/14/08 Probation
24
12-18
None
Sullivan
05-cr-18
11/7/08
Probation
18
0-6
None
Bates
08-cr-153
9/15/08
Probation
12
0-6
None
KollarKotelly
10
Guidelines Restitution
Range
(months)
0-6
None
Judge
Wilkins
$131,101.87 Boasberg
Case 1:12-cr-00130-CKK Document 18 Filed 09/10/12 Page 11 of 17
U.S. v.
07-cr-164
Behringer
U.S. v.
07-cr-165
Sharpstene
U.S. v. Yi 07-cr-285
5/2/08
Probation
12
unavailable None
Huvelle
4/30/08
Probation
12
0-6
None
Huvelle
3/7/08
Probation
36
0-6
None
Lamberth
U.S. v.
Collier
U.S. v.
Price
U.S. v.
Zolik
U.S. v.
Boucher
U.S. v.
Peters
U.S. v.
Tatum
07-cr182(1)
07-cr182(2)
06-cr-320
1/30/08
Probation
60
12-18
None
Lamberth
1/30/08
Probation
60
0-6
None
Lamberth
12/18/07 Probation
12
0-6
None
Sullivan
06-cr-62
3/30/07
Probation
12
0-6
None
Collyer
06-cr-301
3/21/07
Probation
24
0-6
None
Sullivan
06-cr-112
7/27/06
Probation
12
0-6
None
Bates
Seven of the cases cited in Table 1 involved defendants with guidelines ranges above
Zone A (i.e. even higher than the 0-6 range calculated for Mr. Brooks) who still received
sentences of probation. This underscores the fact that probation is an appropriate sentence for
Mr. Brooks’ conduct.
By comparison, a review of court records in the District of Columbia since 2006 showed
only nine defendants convicted of false statements alone who were sentenced to incarceration.
See Table 2, infra. None of these defendants had an offense level in Zone A of the guidelines,
where a “straight” sentence of probation is available. The defendants below apparently received
sentences of incarceration based on either a significant loss amount or another aggravating factor
that created a higher guidelines calculation.
11
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TABLE 2
False Statement Convictions under 18 U.S.C. 1001
with Sentences of Incarceration in the District of Columbia since 2006
Case
Number
Date
Sentence
Term
U.S. v.
Marchand
U.S. v.
Dusablon
U.S. v.
Mimbella
U.S. v.
Hughes
U.S. v.
Roach
U.S. v.
Webb
U.S. v.
Fitzgerald
U.S. v.
Domico
U.S. v.
Weeks
12-cr-67
6/19/12
Prison
3 months
11-cr-359 4/13/12
Prison
90 days
12-18
$70,899.00
Walton
11-cr-196 1/17/12
Prison
6 months
33-41
$496,869.00
Jackson
09-cr-240 12/20/11
Prison
30 days
18-24
$442,330.00
Collyer
11-cr-206 10/24/11
Prison
10-163
$99,157.46
Jackson
11-cr-49
7/28/11
Prison
18
months
4 months
12-18
$73,293.63
Roberts
11-cr-17
6/10/11
Prison
90 days
12-18
$106,711.81
Walton
09-cr-280 4/6/10
Prison
5 months
10-16
$69,611.12
Roberts
09-cr-33
Prison
5 months
10-16
$101,180.48
Friedman
6/1/09
Guidelines Restitution
Range
18-24
$192,071.00
Judge
Wilkins
As discussed more fully in Section I-A(2)(a), infra, Mr. Brooks acknowledges the serious
nature of his actions, accepts full responsibility for his misconduct, and does not suggest that
what he did should be excused, condoned, or minimized. Yet he has pled guilty to conduct that,
though deserving of criminal punishment, does not necessitate a sentence of incarceration. Mr.
Brooks’ conduct, material false statements to government investigators, can be compared to
many of the defendants listed in Table 1, infra, all of whom received probation. See Statement
of Facts in Support of Guilty Plea, United States v. El-Gamal, No. 10-cr-0129 (D.D.C. Feb. 14,
2011) (defendant made material false statements to government agents investigating his
3
The Statement of Reasons explaining the Court’s apparent upward departure from the sentencing guidelines is not
available for public review.
12
Case 1:12-cr-00130-CKK Document 18 Filed 09/10/12 Page 13 of 17
company for potential export violations); Statement of the Offense, United States v. Mahler, No.
09-cr-0266 (D.D.C. Jan. 8, 2010) (attorney made material false statements to investigators from
Securities and Exchange Commission denying she had participated in illegal trading activity);
Statement of Offense, United States v. Shim, No. 09-cr-0262 (D.D.C. Nov. 3, 2009) (Federal
Bureau of Investigation agent submitted materially false statements involving sham
reimbursement requests for lodging expenses); Factual Basis for Plea, United States v. Yi, No.
07-cr-285 (D.D.C. Nov. 20, 2007) (Department of Defense employee submitted false statements
on confidential financial disclosure report).
The circumstances of Mr. Brooks’ offense have been magnified because his acts
transpired in the highly public arena of mayoral politics, but the underlying conduct at issue does
not warrant a disparity from the sentences imposed on the similarly situated defendants in Table
1, supra. Furthermore, Mr. Brooks has cooperated extensively with the government in its
investigation, providing invaluable assistance and information. See Ex. 19 (filed under seal).
This valuable cooperation also underscores the fact Mr. Brooks is deserving of probation, and
that a sentence of incarceration for any time period would constitute an unwarranted disparity
with similarly situated defendants.
E. The Requested Sentence Is Sufficient, But Not Greater than Necessary, to Satisfy
the Purposes of Punishment (18 U.S.C. § 3553(a)(2))
A sentence of probation plus community service will achieve retributive justice, and is
sufficient, but not greater than necessary, to satisfy the purposes of punishment as articulated in
18 U.S.C. § 3553(a)(2). Specifically, the punishment reflects the seriousness of the offense,
promotes respect for the law, and provides just punishment for the offense; it affords adequate
deterrence; and, it protects the public from further crimes of the defendant.
13
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Mr. Brooks is a non-violent, first-time offender, with a respected record of positive
contributions to his community. See Section I-A(1), supra. He has fully accepted responsibility
for his conduct, having pled guilty pre-indictment, and he has expressed genuine remorse. See
Ex. 1. Mr. Brooks has demonstrated respect for the law by complying with the terms of his
release, cooperating fully with law enforcement, and providing significant substantial assistance
in the government’s ongoing investigations. See Ex. 19 (filed under seal). The stigma of a
federal felony and the highly publicized nature of Mr. Brooks’ guilty plea constitute substantial
punishment for Mr. Brooks, as he has suffered public humiliation and intense media scrutiny as a
result of his actions. He has already been subjected to embarrassment and shame in front of his
family, friends, and acquaintances amid rampant media speculation about the larger investigation
into the mayoral campaign of 2010. Along with a sentence of probation and community service,
this degree of humiliation achieves retributive justice that fits the crime.
With regard to deterrence, the requested punishment is an adequate and appropriate
penalty that will serve the purpose of deterring Mr. Brooks from breaking the law again. The
highly publicized nature of these proceedings also serves as a unique and significant deterrent to
others who may consider committing similar crimes in the future. Mr. Brooks has been shaken
to the core by the events that have unfolded over the past 18 months. As his statement to the
Court suggests, not only is he genuinely remorseful about his misconduct, he is determined to
make a positive example of himself so that others in his community can learn from his mistakes.
See Ex. 1.
Research in this field demonstrates that, for federal white collar offenders like Mr.
Brooks, probation achieves the same deterrent effect as incarceration. David Weisburd, et al.,
Specific Deterrence in a Sample of Offenders Convicted of White Collar Crimes, 33 Criminology
14
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587 (1995); Zvi D. Gabbay, Exploring the Limits of the Restorative Justice Paradigm:
Restorative Justice and White Collar Crime, 8 Cardozo J. Conflict Resol. 421, 448-49 (2007)
(“[T]here is no decisive evidence to support the conclusion that harsh sentences actually have a
general and specific deterrent effect on potential white-collar offenders.”). In this case, it is the
certainty of punishment, not the severity of punishment, that will deter. See Andrew von Hirsch,
et al., Criminal Deterrence and Sentence Severity: An Analysis of Recent Research (1999)
(“[T]he studies reviewed do not provide a basis for inferring that increasing the severity of
sentences generally is capable of enhancing deterrent effects.”).
With regard to protecting the public, Mr. Brooks poses no danger to society that would
require his incarceration. For all Criminal History Category I male offenders, the recidivism rate
is 15.2%. But for those who share Mr. Brooks’ traits, it is far lower. Studies show that offenders
fitting Mr. Brooks’ profile are extremely unlikely to recidivate. Measuring Recidivism: The
Criminal History Computation of the Federal Sentencing Guidelines, U.S. Sentencing
Commission (2004), at 10-14 & Exs. 10-12 (very low recidivism rates are associated with
offenders who have no criminal history points, had stable employment in the year prior to arrest,
are married, have attained higher educational levels, have no history of illicit drug use, and are
sentenced under the theft/fraud guidelines). A sentence of imprisonment is thus unnecessary to
protect society in this case.
Finally, as confirmed by the Presentence Report, a sentence of imprisonment is not
necessary to provide Mr. Brooks “with needed educational or vocational training, medical care,
or other correctional treatment in the most effective manner,” 18 U.S.C. § 3553(a)(2)(iv).
15
Case 1:12-cr-00130-CKK Document 18 Filed 09/10/12 Page 16 of 17
CONCLUSION
For the foregoing reasons, Mr. Brooks respectfully requests that the Court impose
a sentence of one year of probation that includes 200 hours of community service, and no
fine.
Respectfully submitted,
_____________/s/______________
Glenn F. Ivey (Bar No. 414331)
Gilead I. Light (Bar No. 980839)
VENABLE LLP
575 7th Street, N.W.
Washington, D.C. 20004
(202) 344-4000
[email protected]
[email protected]
DATE:
September 10, 2012
16
Case 1:12-cr-00130-CKK Document 18 Filed 09/10/12 Page 17 of 17
CERTIFICATE OF SERVICE
I hereby certify that on this 10th day of September, 2012, I electronically filed the
foregoing with the Clerk of Court using the CM/ECF system, which will send a notification of
such filing to the following:
Ellen Chubin Epstein, Esq.
Judiciary Center
555 Fourth St., N.W.
Washington, D.C. 20530
Attorney for the United States
_____________/s/_______________
Gilead I. Light
Venable LLP
575 7th St. NW
Washington, DC 20004
202-344-4000
[email protected]
17
Case 1:12-cr-00130-CKK Document 18-1 Filed 09/10/12 Page 1 of 47
Exhibit 1
Case 1:12-cr-00130-CKK Document 18-1 Filed 09/10/12 Page 2 of 47
September 10,2012
The Honorable Colleen Kollar-Kotelly
United States District Cour Judge
Columbia
U.S. District Cour for the District of
E. Barett Prettyman U.S. Courhouse
333 Constitution Avenue, Northwest
Washington, DC 20001
Dear Judge Kollar-Kotelly:
I write this letter today with a contrite hear after causing more than 18 months of anguish, pain
and embarrassment to my family, to the citizens of Washington, D.C., and to myself. I take
complete responsibility for my actions and want to take this opportunity to ask the Court for
leniency.
Since March of 20 11, my life has been a whirlwind. In initial interviews with law enforcement, I
answered questions posed by the investigators with lies and shades of the truth. I know full well
that making false statements to investigators about what happened during the 2010 Mayoral
campaign was a crime, stemming from a terrible lack of judgment and ignorance on my par.
My actions cannot be rationalized by my instinctive desire to protect myself and my family from
embarassment. What I did was wrong, and I am truly sorry.
For my whole life I have tried to be a role model to black youth, partiCularly males, and this
makes my actions all the more disappointing. I have influenced several young lives as a father
figure, offering help in obtaining education, financial support, giving advice, and making
employment available. Now I feel that it is hard for me to speak to people either privately or in a
public forum because of my hypocrisy.
All of my life, I have been taught that a man is only as good as his word. When I was 13 years
old, I told my Aunt Mary, who had taken sick, that I would take care of our family with the
minimal income from my paper route and waiting tables. This began a lifelong journey to help
my family and to help others less fortunate than me through any means possible.
Throughout my career, I worked with underprivileged youth, homeless men, the elderly and
others to make sure that they had food and shelter. Today, I still work with those less fortunate
through my church and in other ways, and I know I have let them down as welL. Since March
2011, I have neither worked nor supported my family financially. As a convicted felon, my
business pursuits will be affected for the rest of my life and my livelihood has been affected
Case 1:12-cr-00130-CKK Document 18-1 Filed 09/10/12 Page 3 of 47
beyond measure. This is a fall from grace that I would not wish on my worst enemy. I have no
one to blame but myself.
By my actions, I have strayed from the jourey I began as a teenager - but please be certain that
I intend to make amends and retur to the better path. If I could turn back the clock and change
my actions, I certainly would. I am a repentant man and am asking that you judge me not on the
mistakes I have made, but take into consideration the complete person that I am.
~~
Howard L. Brooks, Sr.
Case 1:12-cr-00130-CKK Document 18-1 Filed 09/10/12 Page 4 of 47
Exhibit 2
Case 1:12-cr-00130-CKK Document 18-1 Filed 09/10/12 Page 5 of 47
.tj. .
i...
Washington, DC
July 29,2012
The Honorable Colleen Kollar-Kotelly
United States Distrct Cour Judge
Columbia
U.S. Distrct Court for the Distrct of
E. Barett Prettyman U.S. Courthouse
333 Constitution Avenue, Northwest
Washington, DC 20001
Dea Judge Kollar-Kotelly:
Subject: Howard Leroy Brooks, Sr.
I wrte this letter on behalf of Howard Leroy Brooks, Sr. (Leroy) whom I have maitaied a
friendship with for 23 years. I hope that.
side of
afer reading ths you take into consideration another
him, one that has helped me and others evolve in to the indivduas we are today.
To have to write this letter for him given the circumstances hurs me. The mischaracterizations in
the newspapers, on blogs and newscasts bother me; therefore, I embrace this opportity to share
a bit of our history that gives a different perspective on the authentic nature of my friend.
Among many lessons that I have learned from Leroy, one always stands out. When I was 25
level and
years old, he taught me that regardless of age, sex, outward appearance, educational
socioeconomic background each of us has something to lear from one another. He furter
cautioned that I should be careful when rendering opinions of
people based on preconceived
the strongest lessons taught early on in a longstanding
thoughtful advice, consideration, respect and benevolence.
notions. To date, it remains one of
friendship full of
Beyond his basic acts of kindness and goodwil toward my famly and me - making
. .:co.ntrbutions to my father's Little League team, employing my younger brother in his company,
and helping me pursue my graduate degree - Leroy loves to help all people. He has favorably
altered lives by holding steadfast to three main beliefs - help the homeless, advise the young, and
assist those in need.
Whether
he serves the less fortnate in the soup kitchen or gives money to beggars, his acts
opened my eyes to the meaning of generosity of spirit. One time he and I sat at a stoplight when
Case 1:12-cr-00130-CKK Document 18-1 Filed 09/10/12 Page 6 of 47
,:
,'
he rolled down the window to give a homeless woman a $100 bil. When I asked hi why he
gave her so much money, he simply respnded tht he had it to give so why not.
With my scant biblical knowledge, 1 chided him for not doing this deed in private. He quickly
retorted that perhaps he would not get credit with the Man upstairs since I was in the car, but he
seriously doubted the homeless lady caed one way or the' other. W~ both had a nice chuckle at
this"touché" moment. Moreover, 1 soaked up an invaluable lesson about selflessn.ess from him
greed and self-absorption.
that day _ not realizing down the road I would need it in this era of
Over the years, I learned so much by watching him tirelessly work to help those in need even
when his personal issues overwhelmed him. In particular, during 2008 when he suddenly loss a
dear friend, his only brother and his mother within four months, he grieved, but not for one
moment did he stop helping others. Instead, he put on a good face and generously continued to
assist anyone clamoring for a moment of his time.
To this day, his altruism stil amazes me, especially when he advises the many young people who
them seeking advice from "Mr. B," as they
see him as a father figure. When I hear stories of
them feeling his undivided attention as he
to him, I envision each one of
affectionately refer
his life. Somehow he impars his
regales them with unforgettable and entertaining stories of
life's lesson though his gifted humor, leaving these young people all the wiser. It is an
inwardness that is hard to explain.
Clearly, Leroy is far from a man of
the cloth, but he has been blessed with a spirtual abilty to
help those working thou~h concerns, problems and contradictions in. their lives. He once told me
they "get it." He then uttered that only time
that when he advises young people, he wonders if
will tell.
Well, I am living proof
that they do get it because 1 was one of
those young people on the
"Mr. B's" advice and patience.l canot emphasize to you how much I would
not be who I am today at 48 years of age without his help.
receiving end of
For many years, I lived with painful memories and challenges from my childhood that I just
could not overcome through my own efforts. I would pray for the disappearance of the emotional
stripes on my back so that I could face the day with happiness. For so long my yearning for wellbeing went unfulfilled until Leroy answered my prayers with spiritual counseling and insightful
support, helping me
At 33 years of
tu a corner l5 years ago.
age, I began to bring light into my life and one by one defeat the demons that I
fought for years. To finally have those burdens lifted was a gift that. wil be etemally grtefu to
him for helping me remove.
Case 1:12-cr-00130-CKK Document 18-1 Filed 09/10/12 Page 7 of 47
l'. 'O~.;.
. ¡ '.
"
I.would never have imagined that when 1 met him as a teenager and became frends with as an
adult, he would have such a profound and everlasting impact on my life. I am a happy, successful
him. 1 believe that his work does not stop with my healing as he has many
woman because of
more people's lives to afect and to silencie his spirit in any way would har those put in his path
to receive his counsel.
In closing, I would like to make one final point about his self-sacrificing. In the last few years
Leroy's monetary means have not been as plentiful as in the past, but he stil gives to others.
When he sees a mother struggling to pay for groceries at the checkout line, he offers what he has.
It may not be the $100 bil of yesteryear, but to give his last $5 to someone when he knows that
this man. Unsurrisingly, though feast and
he needs it more speak volumes to the character of
famine, he maintains a credo of assisting those in need.
If you tae away anything from my words, 1 hope it is the recognition that he is a good man with
a hear beyond measure. People wil be hur emotionally and physically if he is not there to
extend a hand or a word of advice when they need it. 1 hope you will consider his goodwil in
rendering your decision.
Than you for your tie in this important matter. Please feel free to contact me at
if you have any questions.
~~
Robin Austin
Case 1:12-cr-00130-CKK Document 18-1 Filed 09/10/12 Page 8 of 47
Exhibit 3
Case 1:12-cr-00130-CKK Document 18-1 Filed 09/10/12 Page 9 of 47
Washington DC:
July 301 2012
The Honorable Colleen Kollar-Kotelly
United States District Court Judge
U.S. District Court for the District of Columbia
E. Barrett Prettyman U.S. Courthouse
333 Constitution Avenue, N,W.
Washlngtoni DC 20001
.Dear Judge Kollar-Kotelly:
I have known Mr. Howard L. Brooks for over thirt years. Everyhing that he has said or done in
my presence was for
the good of people, especially the young.
I was the President of the Senators Little Lèague Baseball organization. This League consisted of
eight baseball teams of boys and girls ages 9-12, with 14 boys or girls per team. During my tenure
(approximately ten years) as President of the Senators Little League Baseball, Mr. Brooks gave great
monetary gifts to our League year after year. He did not ask for anything in return, but always wanted
the boys and girls to be respectful and humble to serve our society with loving care for each other.
i have noted that the human side of Mr. Brooks is to bless others with what he has been blessed. He
wants others to be uplifted to live a better life.
Sincerelyi
~
SmileyW~~
Case 1:12-cr-00130-CKK Document 18-1 Filed 09/10/12 Page 10 of 47
Exhibit 4
Case 1:12-cr-00130-CKK Document 18-1 Filed 09/10/12 Page 11 of 47
Washington DC
July 27,2012
The Honorable Colleen Kollar-Kotelly
United States District Court Judge
U.S. District Court for the District of Columbia
E. Barrett Prettman U.S. Courthouse
333 Constitution Avenue, Northwèst
Washington, DC 20001
RE: HowardL. Brooks
Dear Judge Kollalr-Kotelly:
I have 'known Howard L. Brooks for over 30 years. I have always known him to be a caring individual
with a love for family, friends and mankind In general. He has an encouraging outlook on IIf€, and he
passes that down to others. He has a great rapport with young people. He tells them to stay in school,
, get an education, and work hard. He tells them that education Is most important, and it is something no
one can take away from them. Additionally, he cares for elderly people. He has a lot of them In his
extended family. He tries to assist them in their needs. In a nutshell, Mr. Brooks is a very genuine person
. that cares about many people, '
I personally experienced his generosity In caring for my son. My son was in college In Georgia and was a
little down on himself because this was the second college he attended. Mr. Brooks gave Aim
encouraging words. He gave him a part time job allowing him to work around his college schedule. It
was a great motivation for my son because he became semi-independent because he was helping
himself pay his 'way. Every young person should have a mentor like Mr. Brooks to give them that extra
. talk that parents can't always get through to their children. My son did get his college degree, and is a
. fully employed young man. My son even brought
one of his college classmates to Mr. Brooks to ask him
if he could give him a job too, and Mr. Brooks did. He just believes you are supposed to help each other.
Mr. Brooks has a great sense
of humor. This really helps an individual when you are going through some
that support spreads
rough or sad times in your life. He is there to support his family and friends, and
into the rest of his life. He has a way of just taking away those bad times and helping to lighten your
burdens, whether he can help you emotionally or sometimes financially. i don't think he realizes how
much he does help people because it comes so naturally for him.
t!tv~~
Sincerely,
Caramela Austin
Case 1:12-cr-00130-CKK Document 18-1 Filed 09/10/12 Page 12 of 47
Exhibit 5
Case 1:12-cr-00130-CKK Document 18-1 Filed 09/10/12 Page 13 of 47
d' . . " "r¡,
Lawrence T. Beverly
Joan M. Beverly
Laurel,
MD.
The Honorale Colleen Kollar-Kotelly
United Staes Distrct Cour Judge
U.S. Distct Court for the Distct ofColuibia
E. Barett Prett U.S. Courouse
333 Constituon Avenue, Nortwest
Washington, DC 20001 '
Dear Judge Kollar-Kotelly:
Mr. Howard L. Brooks. My wife and I
Ths letter is sent to you on behalf of
have known Howar L. Brooks and IDS famy for approxiately 20 year.
We have always been impressed by his devotion to IDS family and welcome
the' opportty to tell you how he also extnds ms devotion to his frends
and to people less fortate than hilf. My famly has reatedly had fi
had experience of
his frendship and his kidness.
Over the years, dur ties of fu and fellowsmp lloward volunteere to
use ms personal vemcles tochaufferfit our'oldest dater and later our
only son on their wedding days. He arved on tie with'a shiy car for
each occasion impeccably dressed and redy to serve. He took pride in
being able to share ms resources and IDS tie to ensure tlt our cmldren
were well taen care of. Another example of how freely he shaed his
possessions was when he loaned a very special 1968 Cadilac convertible to
.the Fir Baptist Churh of
Nort Brentwood to be used in the Nort
First Baptist
Churh but often helped out in speial events tht were held there.
Brentwood Day Parade. Howar wa not even a member of
'Dug diffcult times, Howard does not wait to be asked if
there is anyting
there
is anythig I can do". Howard shows up, sees what nees to be done and
that he can do to help his frends. So may people say "let me know if
shows his love and support in doing whatever need to be done. When our
son died suddenly, Howar stayed by our side. He came to the hospita to
wait with us, and he drove us around in the days to follow so tht we could
Case 1:12-cr-00130-CKK Document 18-1 Filed 09/10/12 Page 14 of 47
"
l.
make the necssar fuera argements. He wa closer than a brother to
my wife and I and our famly.
Howad ha tht southern hospitaity and kindness that comes from being
well raised and survig ha ties. He ha never forgottn his rots. He
rose n.bove hard ties and eXtnded his hand back to help others. When the
North Brentwood parcipate in housing the
the men on duty to serve on more th one
Firs Baptist Churh of
homeless, Howard was one of
yea durg the church's parcipaion in the progr. He not only styed
overnght to help chaprone the men, he went above what was asked and
aranged with a local seafoo restant to have a special meal
the
provided for
men.
While the reaon for ths letter is to let you know the caliber of man Howad
Books is outside the media and the madness, we are th for ths
opportty to let you knowhow much Howar's life has blessed others.
We pray tht all aspects of
had the pleasur of
his life wil be considered by those who have not
knowig Howard personaly as we'have.
Sincerely,
Lawrence T. Beverly
Joan M. Beverly
Case 1:12-cr-00130-CKK Document 18-1 Filed 09/10/12 Page 15 of 47
Exhibit 6
Case 1:12-cr-00130-CKK Document 18-1 Filed 09/10/12 Page 16 of 47
'sl!in
Cosmetic Dermatology
of Georgetown
, The Honorable Colleen Kollar-Kotelly
United States District Court Judge
US Courthouse
333 Constitution Avenue, Northwest
,DC 20001
Washington,
Dear Judge Kollar':Kotelly:
appeared before you for
My name is Howard L Brooks, MD. I am the son of Howard L. Brooks who
falsifications of statements. I was born in Washington, DC and raised in Silver Spring, MD. For the
. past eight years, I have been a resident of the District and the Medical Director of my cosmetic
dermatology practice, Skin, PLLC.With this letter, i hope to give you a better picture of his character
and complete devotion and love for his family and friends.
When i was a young child, my brother and I always looked up to our father as a role modeL. That
statement is not unusual, as most children look up to their father. However, my father was not just a
,role model for his'children, but to'many. Many of my friends would come to my father and ask for
advice. Whether it was discussing problems in school, home or work, they
looked to my father for
answers.
Growing up, my father made sure my brother and I wanted for nothing. Every Christmas my brother
'would wonder why Santa Claus gave us so much more than our friends. I often asked my
father, both as a child and adult, why do/did you give us so many material things? His response,
"because I want to encourage you to educate yourself and have a career that would allow you to have
and I
whatever you want." This is not to say that he spoiled us. We had chores that we had to do and
. made sure that we knew it would take hard work and a good education to achieve the goals that he
and my mother set for us. '
He taught me to value education. i graduated from St. John's College High School in 1990 with a
GPA of 4.0. This allowed me to qualify for a full scholarship to Howard ,University where I graduated
summa cum I,aude with a BA in Psychology. After, i received my Doctor of Medicine in 1998, again
. with a full academic scholarship. i credit both my parents for guiding me through these sometimes
difficult years. i remember distinctly during my first year in medical school, i told my parents that i am
going to drop out and work. It was my father that said, he would support my decision no matter what,
but encouraged me to really think about what I would be giving up. He always says, "life is hard, but
fair.'" It was a diffcult decision to make, but i met with my father several times a week during those
months and because of those meetings i decided to complete medical schooL.
My fath~r values his family more than anything else. To him family is not limited to my mother and
brother, but our extended family as welL. During the past few years, we have experienced many
, losses, including both my grandmothers and my paternal uncle. My father, while saddened, was
there to support us with our grief during this period. He is the primary care-taker for his Aunt Mary,
whom he, visits 1-2 times weekly. He has given both time and money to anyone who needs help. He
2233 Wisconsin
Ave., NW, Suite 230 + Washington, DC 20007
202.298.sKIN (7546) + 202.298.7913 fax + ww.GeorgetownSki.com
Case 1:12-cr-00130-CKK Document 18-1 Filed 09/10/12 Page 17 of 47
has always been there for me when I needed it and I know many other friends and family members
feel the same way.
Thank you for taking the time to read this letter. i hope this wil provide you with more insight to the
father, husband, uncle and friend that Howard Brooks is, not what has been written about in the
papers.
Sincerely,
Howard L. Brooks, MD
, Medical Director
Case 1:12-cr-00130-CKK Document 18-1 Filed 09/10/12 Page 18 of 47
Exhibit 7
Case 1:12-cr-00130-CKK Document 18-1 Filed 09/10/12 Page 19 of 47
Friday, July 13, 2012
The Honorable Collee Kollar-Kotelly
United States Distrct Cour Judge
Columbia
U.S. Distrct Cour for the Disct of
E. Bar-ett Prettan U,S. Courhous '
333 Constituion Avenue, Nortwest Washigtn, DC 20001
Dea Judge Colleen Kollar-Kotelly,
I am wrti th letter of support on beha of
Mr. Howad Brooks. I have known Mr.
the fay. When I th of
Brooks for several yea as he is considered a close frend of
the chaacteristcs to describe Mr. Brooks many come to mid. He possesses integrty,
loyalty, a stong spirituity and family values.
Howard ha played a supportve rol~ in my lie an in my son's life, Chropher.
Howard ha been a constat prence in Chrs ,.s life since he was a young boy and he has
supported Chrs though severàl miesnes in his lie. For example, in th sumer of
.2007, when Christopher was enterin Howad University
Howar' sons going off
thought it was one of
as a frshman you would have
to college, he wa so proud~fChrs.
Howard unelfislùy and wiout hesitation, paid the tuon for Chrstpher to attend
Howard Univerity his fresh yea. Howad contiues to be a promient figue in my
son's life sèrvg as an inpiraton andan example to the ty of
ma Chrs could be one
day. Chrs would describe Howad as a gentleman, an inspirtion, and a carg and
supportive indiVidua with a big hea
Howard has been like a guian anel to me. He ha been my support though so
may trals and trbulations in my life. After the pasing of
my paents in.the sumer of
'2004, Howard has been there for me providing moral and fiancial support. You see,
, earg a teaher's saar makes it dicult when the paycheck is not enoug to cover the
monthy bils. On many occaions, Howad has ha to help with payig my rent and other
bils, when my
paycheck could not cover the entire house hold expnses. The wonderf
thing about Howard is no'
matter how down and out T may have been he was always able
. to put a smile on my face and provide me with some encouraging words to sty stong.
There have been several occaions wher I have offered to páy Howard back but he
would never accept the money. Howard would àlways say you owe me noth.
Howard is a tre blessing to my family because he is selfless, always putt everyone
fist before hiself. He is such a humble and givig individual who ha helped so may
people along the way, not just family and friends but strers as well. Howard has
touched so many lives without ever askig for anytg in retu
I wrte ths lettr of support with no hesitation because maybe it will be of some help
to him as he as been to me and many other people. Howard is a gopd man and I only wish
him the best.
~~
Case 1:12-cr-00130-CKK Document 18-1 Filed 09/10/12 Page 20 of 47
Exhibit 8
Case 1:12-cr-00130-CKK Document 18-1 Filed 09/10/12 Page 21 of 47
The Honorable Colleen Kollar-Kotelly
United States District Court Judge
U.S. District Court for the District of Columbia
E. Barrett Prettman U.S. Courthouse
333 Constitution Avenue, Northwest
Washington, DC 2000
Dear Judge Colleen Kollai:-Koetlly,
. I am writing you this letter to share with you my support for and on behalf of
Mr. Howard Brooks. I have been blessed to know Mr. Brooks and his family since
I was in grade school, and can tell you that he has been a major support to me
and my family through the years. He is a man of passionate charactr who will
give you his honest opinion on any and everyhing that you bring to him. He is
also one of the most consistent persons when it comes to integrity, and loyalty
of family and friends. He has mentored not only myslf, but countless other
young men'through the years. Many of us who have been blessed to achieve success
in direct connection to the counsel and leadership that Mr. Brooks has provided:
looked to
thorough
the years
start my church, his support and encouragement both then and
has played an instrumental role in our development as a ministry in the area.
His professional advice Is in my mind without question top, notch, but his
life advice that comes from a life lived through hard work and
personal
, perseverance speaks even louder.
Mr. Brooks was one of the persons that I consulted yèars ago when I
The Bible says in Matthew 7:16 "You wil know them by their fruits" its one
thing to get to know Mr. Brooks professionally, but to really know the man, who
,he is, what he is about, you only need to'look at his family and you can tell
the quality of seeds this man sows everyday of his life.
I share these words as a sign of my unwavering support for a man that flook up
to and consider both a friend and a mentor. i pray God's blessing on him, his
life, his family and all that he touches.
~;d;,_ (
/~y
NuVision Kingdom Life
District Heights Md
Pastor
Case 1:12-cr-00130-CKK Document 18-1 Filed 09/10/12 Page 22 of 47
Exhibit 9
Case 1:12-cr-00130-CKK Document 18-1 Filed 09/10/12 Page 23 of 47
'~i. , t.
August 14, 2012
The Honorable Colleen Kollar-Kotelly
United States District Court Judge
U.S. Courthouse
333 Constitution Avenue, Northwest
wàshlngton, D.C. 20001
Dear Judge Kollar-Kotelly:
I am writing this letter In support of Mr. Howard Brooks. I have known Mr. Brooks, affectionately known
to me as "Mr. B." nearly.all of my life as a friend of the family. In many ways he has been a father figure
to me and someone for whom I have the utmost respect. He Is one of the kindest, most generous
people I know and has served 'as a superb role mod'el for both me arid my brother. '
,I met Mr. Brooks
when I was eight years old and my brother
was 15. He quickly became a close friend of
our family and has never wavered in his support of us aver the years. When.my father passed In 2006, a
devastating experience for the entire family, he stepped in and provided help in any way he could as if
he were, a member of our family. From helping my brother overcome some minor legal issues to
assisting me in navigating the cumbersome process of purchasing my first car, Mr. Brooks has played an
supporting my family.
integral role in
Mr. Brooks and I have attended.
church together over the last several years and i have seen him give
generously over and over again to support the various ministries Qf the church. One example of his
generosit is his'substantial contribution that helped nearly a dozen youth in our church attend a
weekend semlnar.that helps youth develop Important skils and most importantly, 'develop a deeper:
relationship with God.
A number of people have been quick to judge Mr. Brooks based on what they have read a'nd seen inthe
media, but I know better. The man that I know as "Mr..B." is a good man, a man who selflessly provides
for and support others with no hesitation and no expectation of reciprocation. I hope that this letter.,
which gives only a small'representation of the great person Mr. B. ls, Is helpful in some way. '
',~~~
Sincerely,
Case 1:12-cr-00130-CKK Document 18-1 Filed 09/10/12 Page 24 of 47
Exhibit 10
Case 1:12-cr-00130-CKK Document 18-1 Filed 09/10/12 Page 25 of 47
/'
'\
To: The Honorale Colleen Kollar~Kotelly
Distrct Judge
U.S. District Cour Distct of Colwnbia
'333 Constitution Avenue NW
Washington, D.C. 20001
From: Denise Johnon
Re: Howard Brooks,
Honorable Judge,
Howad and Shaon Brooks.
your
time
as
1
feel
compelled
to let you know a few
, Please allow me a brief moment of
things about the Howard 1 know. It is my hopes that you will see a bigger pictue
the I
theofman
My name is DeJUse Johnson and I am a friend of
man you must
judge. 1 have to be honest and say my opinion is bias because of
know who is afectionately known as "Mr. B." I can not even tell you when my
relationship with Sharon and Howard grew from acquaintaces to frendship but, it ha
been a long time. '
. My son was teIl years old when my husband died. 1 could show him many things
but 1 could not be an example of a man for him. Often we would see Sharon and Howard
at my sister's cokouts and other fuctions. My son admred hi. When'he was in
middle school, Howard said he wated to do'somethg for hi. He called me one day
and asked for my son's size. 1 thought he bad kept some clothes from hi~ sons he wtUted
to pass on. When he told us to come to there house, much to my 'surise he had gone
shopping and bought him severa outfts. Very nice ones I might add. He also would
pick hi up and take him to ball games, out to eat and to ta. He would encourage him
the goodness of
, to do well. He became a mentor for him. Just out of
his hear he took
time out and did things with and for my son. He helped fill in the gap. In the world in
had no' worres
which we live when we have to worr abol1t who is around our children, I
at all. That meat and still means to wqrld to me because he did not have to do the thngs
he did. When I needed a new ca, he was the go to,person for advice. I told him what I
for and he took time from his busy schedule to meet me at the dealership to
was lookig'
fact, he was there for my sister
, make Sure 1 was not taen advantage of. As a matter of
and my best friend as well when they purhased vehicles as well. Öften when I am
at the nursing home seeing to
his aunt who sadly doesn't even know he's there. Howard's spiritual gift is
the needs of
helps. He is a loving husband, father and grandfater He's a wonderfl person and 1 am
talking to Sharon and ask where's Howard she'll say he is
proud to call him friend.
I am in no way making light of
the wrong that was done. 1 am hnwever praying
for your guidance and asking for mercy as you render his sentence.
Sincerely,
\~~ "~êS~~--
Case 1:12-cr-00130-CKK Document 18-1 Filed 09/10/12 Page 26 of 47
Exhibit
11
Case 1:12-cr-00130-CKK Document 18-1 Filed 09/10/12 Page 27 of 47
¡~¡~~
August 4,' 2012
Judge Colleen Kollar~Kotelly
U.S. District Court
333 Constitution Avenue, N.W.
Washington, D.C. 20001
VourHonor,
Please accept this letter of recommendation on behalf of Howard L. Brooks. It is our
hope that this information wil be taken into consideratiòn during your deliberation of Mr.
Brooks' sentence.
Firs, please allow us to introduce ourselves. My wife and I were/are both civl servnts
having ben employed by the Federal government 28 years and 42 years respectively. I retired
from U.S. Department of Housing and Urban Dèvelopment nearly two years ago after attaining
the highest GS level. Mrs. Brooks has been one of my best friends since childhood which is over
50 y~ars. For the last 1S years, the four of us have been friends and neighbors, as we moved
around the corner from the Brooks' when my wife and I married.
Mr. Brooks is a dear and cherished friend. Through our long association we have
witnessed Mr. Brooks as a husband, father, grandfather, uncle, friend, businessman, avid sport
observer, golfer, and care taker. Mr. Brooks is a wonderful person. He Is funny, warm,
charming, and very Intellgent. He Is always wiling to do a favor for a friend. He gives many
kindnesses, while asking for nothing in return.
Mr. Brooks Is a loving husband and father. He is very caring and considerate. He is
particularly respectul and caring of senior citizens. An example is the manner in which he cared
for and supported his Aunt Mary in her declining years. Another example of how considerate he
Is of others, recently we were going to be out of town leaving my 82 year old mother-In-law
, home alone. Mr. Brooks told us to make sure
that she had their telephone number so that she
¿ould call should she need anything. He often visits those in nursing homes. He does not just go
for an hour or so, but wil spend the who,le day. He never goes empty handed. He takes them
food or whatever wil make their day brighter.
By now you know that he is from humble beginnings in Virginia and is a self-made man.
He is dedicated to his family and the success of his family. He worked tirelessly which afforded
his children great educations. One son Is a prominent physician.
Case 1:12-cr-00130-CKK Document 18-1 Filed 09/10/12 Page 28 of 47
.'~
Mr. Brooks has always been enterprising. He has had success at any number of
entrepreneurial endeavors. When asked to work on the campaIgn, he accepted with the same
zeal that has enabled him to succeed all of his life. In hIs eagerness to succeed, he obviously
made an egregious error and he is the firs to admit that. While neither Ignorance nor lack of
intention can negate the fact, consideration should be gIven to the fact that Mr. Brooks Is
remorseful, cooperated with authoritles at great personal risk and Is now ready to face the
consequences of his actions. He is contrite and has already paid a steep price. He is unable to
earn a living and worst of all, he has been publicly humilated in front of his family and friends.
He has expressed contrition and feels that his life is ruined. He never intended to bring shame
upon his loved ones. If Mr. Brooks Is incarcerated, it is his family who wil sufer. Mrs. Brooks is
recovering from a stroke. She, would not be as far along In her convalescence if it were not for
the loving care and devotion that she receives from her husband.
We have all made mistakes that we would not want to have exposed over the fold of
the front page of the Washington Post. It our greatest hope that the unwanted attention and
public scrutiny, a .convictIon that takes away his constitutional right to vote, lost revenue, and
embarrassment in front of all those he holds dear wil be considered as suffcient punishment In
this case.
We thank you for your consideration
as you deliberate.
, Respectfully,
. JJ~-~
~/A~~/~.
. V ~~
Waite H. Madison, II, J.D.
Aisa K. McCullough-MadIson, J.D.
Case 1:12-cr-00130-CKK Document 18-1 Filed 09/10/12 Page 29 of 47
Exhibit 12
Case 1:12-cr-00130-CKK Document 18-1 Filed 09/10/12 Page 30 of 47
.r
Kimberly J. Manning
. Washington, DC
The Honorable Colleen Koll.Kotelly
United States Distrct Court Judge
U.S. èourhouse
333 Constitution Avenue, Northwest
Washigton, DC 20000
Dear Judge Kollar.Kotelly:
My name is Kimberly Manning. I am a Washingfn D.C. business owner and
former 28:year resident of the District of Columbia. I am writing to you regarding
Howard L. Brooks who appeared before you for falsification of statements. I feel
very strongly about Howard's innate sense of servce and commitment to family and
community. I have known Howard all of my,
life - he is my uncle - marred to my
mother's only sister, Sharon, for over 42 years. It is my hope to impar to you a
glipse of his determnatively positive spirt and steadfast devotion to family and
frends.
I was just a little girl when Howard started dating my aunt Sharon. I
immediately took to his open outlook and jubilant character. He is trly a people,
person - always makng everyone welcome.
As Howard's niece, I have grown up watching his dedication to not only his
two sons, Howard and Michael but to his entire family. Four years ago, Howard's
mother died suddenly. His only brother was extremely il at the time as well.
Howard fulled his duty to attend to the business and funeral afairs of his mother
while remainig stoic for his entire famiy who were grieving the loss of the family
matriarch. Nearly six months following his mother's death, his only brother was
found dead. Howard again patiently handled funeral arrangements - this time for
his brother, with dignty and caliness. Howard remains the only surviving
caretaker for his mother's sister, his favorite aunt - Mary. Mary now lives in a local
nursing home and Howard visits her weekly, making certain she is comfortable and
well taken care of. Howard has a caring concern and compassion for ALL people,
especially his famiy. Howard opened his home to me to live for a short while when
Case 1:12-cr-00130-CKK Document 18-1 Filed 09/10/12 Page 31 of 47
'.
KJ ManRing
P: 2012
I was in transition from moving from Washigton to Maryland. He has done the
same for other family members and family friends. Howard mad~ sure' that his
children understood the value of education and hard work and he reiiains
committed to their success as adults. Our family is extremely close nit and I am
proud to have Howard as my uncle. He has been a good role model for me, his own
sons ând other family and friends. We are a family who are steadfastly loyal to one
another and support each other, regardless good times or bad.
While Howard may have committed an act that carries a certain decree, I
know him as an upright, resilent individual who wil always be my uncle. He is the
uncle who caried me around as a smal girl and let me drip chocolate ice cream on
his white leather car seats without
getting mad. He is the uncle who makes
everyone laugh, bringing joy to our family gatherings. He is the uncle who is
surrogate uncle to all of my frends. He is the uncle who gave my dates the "once
over." It is hurtfu to hear some of the things that have been said about him
because I know hi as a loving husband, devoted father, grandfather, uncle and
friend.
As you decide regarding Howard's future, I implore you to give ample
consideration to the "non-public" Howard. I sincerely believe there remains a man
loyal to family, friends and communty and the potential to contribute and serve
positively.
Thank you for takg the time to read my letter and please do not hesitate to
contact me directly shouldyou have any questions.
2
Case 1:12-cr-00130-CKK Document 18-1 Filed 09/10/12 Page 32 of 47
Exhibit 13
Case 1:12-cr-00130-CKK Document 18-1 Filed 09/10/12 Page 33 of 47
~, t.
. t
Silver Spring, MD
August 2, 2012
The Honorable Judge Colleen Kollar-Kotelly
U.S. District Court
333 Constitution Avenue, N.W.
Washington, D.C. 20001
RE: Howard L. Brooks
Your Honor:
My son-In-law, Waite Hunt Madison, II has maintained friendships with those who entered his life in
elementary school, junior high school, high school, college, law school, places of employment, and all
other avenues of contact. Howard L Brooks wife, Sharon, grew up in the same Washington
neighborhood as Waite and was a childhood friend. They have remained friends and now reside in the
same neighborhood ih Maryland. As a matter of fact, they live right around the corner from each other.
Since, as a gesture of their loving generosit I live with them, I was placed in the position ,of meeting
Howard L Brooks.
My longevity of 82 years and my long-term position as Chairman of Deacons at Riverside Baptist Church
in Southwest D.C. has afforded me the insight as to being reasonably astute In the assessment of
sincerjty. In my opinion, Howard L. Brooks is ashamed of his ilegal and Immoral actons and does not
hesitate to admit his culpabilty of his actions. He has expressed his embarras.sment and chagrin at his
children and grandchildren's humilation because of his misdeeds. There can probably be no greater
punishment than having to look in their faces and seeing the pain and embarrassment~
I know that your job is to determine the punishment for these admitted violators and I ask that you
consider the basic goodness, well Intentions, and remorse of this man. As is the case of so many
this candidate that he forgot the basic
humans, he probably became so caught up In his zeal for electing
principles and laws of our land. Our Father has already forgiven him and I ask that you are as merciful as
allows. For the sake of his wife, children, and 'grand-ehildren, I ask that you are as feniønt as
the law
possible. ' ,
lJ'~
I thank you for your consideration.
Respectully,
Case 1:12-cr-00130-CKK Document 18-1 Filed 09/10/12 Page 34 of 47
Exhibit 14
Case 1:12-cr-00130-CKK Document 18-1 Filed 09/10/12 Page 35 of 47
lauren Manning
Washington, DC,
.,', ~ r~:
...'....
July 13,2012
The Honorable Colleen Kollar-Kotelly
Distict Judge
U.S. District Cour D.C.
333 Constitution Avenue N.W.
Wasmngton D.C. 20001
,Re: Leroy Brooks
, '
Dea Judge Kollar-Kotelly:
I am wrtig so that you
know inore about my uncle and godfather, Leroy
Brooks. Uncle Leroy is maried to my da's sister, so I have known and loved hi since
I was born. It seems impossible to express in a short letter a lifetime's worth oflove,
support, and presence, but 1 am wrting anyway in hopes tht it gives you a fuler picture
of my Uncle Leroy. More than anyting, he is a family man. He is not only devoted to
ms wife and two sons, but to his nieces and nephews. Each of us can speak to his
" '?nstant presence at family events from the mundane (impromptu weekend visits at
, family members' homes) to the more monumenta (for example, my grandmother's 90th
birtday celebration), toreligio~ celebrations both somber and joyous (baptisms,
weddings, and fueras), and, always, at graduation festivities. Whether it is to celebrate
a grde school or graduate school graduation, Uncle Leroy is there and so proud. At
ev~ry family event, his warth and smile are contagious.
my siblings and cousins have had similar experiences with Uncle
Leroy, I feel especially f9rtate that he is my godfather. I am my parents' firstborn
Whle all of
~~~~~~~~~~ ~~~~~~~
Uncle Leroy based
on .the way he raised his sons to follow Catholic teachings and his
constat involvement wi:t their school and extracurrcular activities.
trustedme
tht
andThey
encourage
Uncle Leroy would be there for my spirtual growth and to support
thoughout my life. He has, and 1 am grateful for our relationship. My life has been so
enriched by Uncle Leroy being a par of it. His encouragement and pride in me have
look forward to seeing him smile as 1, along with my
always motivated me, and 1
relatives, continue to celebrate personal an~ family milestones.
~;Sincerely,
Lauren Maning
Case 1:12-cr-00130-CKK Document 18-1 Filed 09/10/12 Page 36 of 47
Exhibit 15
Case 1:12-cr-00130-CKK Document 18-1 Filed 09/10/12 Page 37 of 47
Dear Judge Colleen Kollar-Kotelly,
I am writing you this letter to let you know the kind of person Howard Brooks is. Throughout
been a second father to me. My parents divorced when I was twelve years
my life Howard has
. old. i didn't have a relationship with my father until recently. No matter what I needed done,
Howard was there for me. I am very thankful to have him In my life. He always made sure I had
anything i wanted and needed growing up. I can remember him praising m.e with kind words of
support and giving me money for having great report cards. Starting with elementary school,
He made sure I had new school clothes each year, attended Important school meetings my
, mother could not attend, and was always driving me to and from after school and weekend
activities. As i got older, he supplied me with advice on advancing, progressing and excellng as
a student. Always Instillng in me the Importance of hardwork As I was maturing Into a
teenager' he gave me advice on maturing into a young lady and dealing with boys etc. I could
always come to him with questions i may not have felt comfortable talking to my mother about.
he was always there. He attended every birthday party, invited my mother
Throughout my life
and
I over to every holiday dinner etc. He is mentor to me. When i was in high school, he
helped me with college applications. Recently Howard chaperoned my cousin and I to Newport
News Virginia to attend my grandmothets funeral to be a walking handkerchief, and stil'show
us a good time to help temporarily subdue thè pain. Four years prior to the passing of my
grandmother, my mother died. Howard made sure to be there for me. He advised me'on the
probate procedures. He walked me through the whole sellng I closing
whole funeral arid,
process of our home. Howard has been very beneficial to me, and without Howard's lovlng
help and hand, sometimes I do not know where I'd be. i could have a bad day, and kind words
of wisdom from. him or comical sarcasm would be enough to hold
my day averand en lighten
me on the importance of life and the good in pain. He could juggle all my problems and my
successes along with his own.
i ask that you grant him leniency on all his charges.
Sincerely,
i~~~..
Brande Spady
- 'tr~v ()
Case 1:12-cr-00130-CKK Document 18-1 Filed 09/10/12 Page 38 of 47
Exhibit 16
Case 1:12-cr-00130-CKK Document 18-1 Filed 09/10/12 Page 39 of 47
~
september 4, 2012
The Honorable Colleen Kollar-Kotelly
United States District Court Judge
U.S. District Court for the District of Columbia
E. Barrett Prettman U. S. Courthous
333 Constitution Avenue, Northwest
, Washington, DC 2001
Dear Judge Kollar-Kotelly: .
I am wring this support letter on behalf of Howard Leroy Brooks. I met Howard leroy Broks In 1958 In
Washington, DC. This was shortly after he and his family moved from Bold Springs, Virginia to
Washington, DC. He was 'rIsed by his aunt, Mary Oliver, better known as Aunt Mary. Even though his
mother, Josephine Broks, now decease, was In his lif she chose not to raise him. Howard lived with
his Aunt Mary and her children, his cousins.
, We lived in the Southeast area of
Washington, DC. It was a famIly oriented neIghborhood. Most of
the
people attended the same schools (public, private and catholic) and churces (Catholic, Baptist,
Methodist, etc.). There was a familarity with community activtIes, wit such fun as trips to the Zoo;
family picnics at the park, e.g., Fort Washington, Uncaln, etc.; and, swimming at the community pol.
Our biggest event was attending the festivties on the grounds of the Washington monument for the
JUlY 4th hollday. During our childhood, we basically walked or used the .streetcars.
Our frIendship spans over a 54 year perio. We have maintained a frendship over the years built on
honesty, truh and respec We have shared many aspect of our lives: good and bad. Our lives have
In many basic ways In that we married, had a family, traveled and worked. The attainment
been parallel
of material things, e.g., home, cars, etc. were essentil and necessry to him for the purpose of raising
his
family.
Howard marr~d Sharon Manning and they have ben
marred for fort (40) years. They have tw (2)
sons, Howard, Jr. and Michael Peyton. They are all productve members of society, e.g., Sharon recently
retired for over twnty (20) years of service working for her brother, Leonard Manning, at the DC
lottery; their eldest son, Howard, Jr. is an MD, a Dermatologist and Michael Peyton, the youngest son,
an Invesent Broker. Shortly aftr Sharon's retirement, she had a stke. Howard has enjoyed being
marred and having a family. Since he came from a broken home he reveled in the fact that he had a
staple Immediate family.
Howard has always been very proud of his work ethnic due to the fact that he did not have a degree. He
Is a hard worker determined to excel. After being employed by various entities, e.g., Car Dealership,
IBM, Xerox, etc., he decid that he would purse having
his own businesses. Howard prided himself
on owning his own businesses and being in a position whereby he could financially help faniily, relatives,
and friends.
Case 1:12-cr-00130-CKK Document 18-1 Filed 09/10/12 Page 40 of 47
c
After Howard was able to sustain success as a businessman and beame financially advantaged, he felt
that he had to help those less fortunate than himself. this mindset had to do with his love for religion,
his wealth and help those
by which he has a strong fait in God. He felt that God wanted him to share
less fortunate. He Initially strted helping his Immediate family, e.g., wife and children. Subsequently,
he helped his extended family, espeially taking care of his Aunt Mary and his mother, Josephine Brooks,
now deceased.
Howard subsequently
extended his generosity to relatives, frends, and on many ocsions to people
that he did not know. I persnally recall many aspect of his generosit and there are too many to
describe. But i mus share this example because it was so heartrming: One day he was driving in an
area where he sew a lady being put out of her apartment. He pulled over and gave her enough money
to stay In hèr apartment for several months. He did not know this lady, but he felt he had to help her.
of his generosit and kindnes.
This Is just one example
Please be advIsed that Howard lost both his mother, Josephine Brooks and his brother, Michael Brooks,
both deceased, in the same year. Presently, Howards Aunt Mary has Alzheimer and is in a nursing
home In Washington, D.C. Howard Is her main care giver rather than her birth children. I know for a
fact that if anything happens and he is not available to be there for her, he wil be devastated.
Even though I realize that Howard has made some mistakes in l!f, I ask that you take into consideration
his character and his personal persna in making your judicial decision. If you have any questions or
furter concerns regarding Howard, please feel free to contact me via email at . or
telephone at
Respectively,
~d'c tTjl
Linda A. Turner
Upper Marl.bora, MD
Case 1:12-cr-00130-CKK Document 18-1 Filed 09/10/12 Page 41 of 47
Exhibit 17
Case 1:12-cr-00130-CKK Document 18-1 Filed 09/10/12 Page 42 of 47
",
to. ~.
Mildred R. Walden
La Vegas, NV
12July2012
The Honorable Colleen Kolf.Kotelly
Unitd States District Court Judge
U.S. Distric Court for the District of Columia
E. Ba"et Prettman U.S. Courthouse
333 Constition Avenue, Northwest
Washingtn, DC 20001
Dear Judge Kollar-Kotey:
I am writg this lettr on behalf of
my cousin, Howard Leroy Brooks, who I wi refer to as
Leroy from this point on because that is what the famil has always called him
My fami has always been a very close knit one. And of aU the cousins I grew up around
Leroy was the mostfamy sensitive. He was raised prima by our Aunt Mar although his
mother was always nearby.
Leroy's younger brother, MichaeL, was one of
feN
the many young adul who, at a very early age,
in the world of drugs and Just coul not clun out Leroy continuously trd to save
Michaelfrom his eventua downfal Whener I woul visit home and Leroy an I talked
about famiy andfriends, I was convinced that he was doing al he knew to do to save his
brother. He attmpted to ri Michael of negative Influences by moving him from the DC area
to Atlanta, GA., and
plaed him in, employment witin Leroy's busines.' Unfortunaty,
~ichael was unable to succeed in a non-drug envirnment and returned to drugs. And
though the ret ofthefamil tried to convince Leroy,forhis own entiolUl and menta healt,
to let it be, he never gave up tring.
Not only di Leroy work on Michael's behalf but he alo supported his mother wit daiy
essentils, living accomndaons, carsfor tranrton and whatever else Aunt Jo, his
mom, needed to surive. When both Aunt Jo an Michae passed witui months of each
other, Leroy was therefor Michael's daughtr, Chade, a new high school graduate. He
offered to get her into collge and be there for her whenever needed. What I'm tring to say is
that the Leroy I grew up with was a good and decent humn being. He sincerely wanted, and
Case 1:12-cr-00130-CKK Document 18-1 Filed 09/10/12 Page 43 of 47
.~ ,I
sti wants to be a shoulder for hisfamily andfriends to
lean on. I amjustfully realizng that
as I write this leer.
Another exmple of his good intendons involves my daughter, Lisa. Aftr collge, Lisa, dealt
wit various growing issues, tried various jobs but was te"ibly unhappy an endd up totaly
lost as to where and what she wanted to do in life. Leroy, who did not grow up around my kid
because we were a military famUy and traveYed exensively, was quick to offer her a job and
famiy support in his business in Atlanta. He said "send her to me and I'll help". Although
she did not go, 1'0 never forget his swif and unconditnal generosit.
Probably, the most notable acts of decency and loyalt iOusatd by Leroy were are his total
care of our Aun Mary, the maarch of OUl famiy. Aunt Mar nurted and helped to raise
not only her sibUngs but chilren of her sibligs, of
which Leroy was one Yet when she was
in ffst need of support Leroy was the one therefor her. He made aUle he mortage an
other IMng exenses were paid her groceri were provi her needfor companionship was
me by visitg and siting with her. He saw to her trportadon needs 'and anything else she
needed. These acts of kindness andlove wer notfor short perids of time but yea and
condnue to this da. When Åunt Mary was finally placed in a medical care facUlt due to
advaned Alzeimer's diease, it was and is Leroy who acts as her guardian. Doctors cal him
regardless of
the hour, when cries arie. He visit regularly to spend time wih her. He seeks
out others to stp by occasionaly to just sit and chat with her. He, and only he, truly taks
care of our Aunt Mary.
I undetand that my cousin has commed a wrong. I undrsnd th la requires
accountaili for that wrong. But I beg the cour to have merc. He is trul a good and
decent person.
Thanks for any and al considradon given
Brooks.
Sincerely,
/J~¿ ¿)dM
, Milred R. Walen
to my lettr on behalf of my cousin,
Howard Leroy
Case 1:12-cr-00130-CKK Document 18-1 Filed 09/10/12 Page 44 of 47
Exhibit 18
Case 1:12-cr-00130-CKK Document 18-1 Filed 09/10/12 Page 45 of 47
. .'$.... .. i'''
Colonel (Ret) Charles C. Walden
Las Vegas, NV
..
'.
II
-
.
..
.
14
July 2012
The Honorable Colleen Kollar-Kotelly
United States District Court Judge
U.S. District Court for the District of
Columbia
E. Barrett Prettman U.S.
Courtouse
333 Constituton Avenue, Nortwest
Washington. DC 20001 '
Dear Judge Kollar-Kotelly:
I am writing
to
you on behalf of my cousin (through marriage), Howard
Leroy Brooks, whom i wil refer to as Leroy, the name used by our family.
i have known Leroy since i began dating (and subseq~ently married) his
cousin five decades ago.
During that time Leroy and i have formed a close bond that
gave me the
opportunit to learn of his 'persistent.and dedicated devotion to his family.
I am personally aware of the years Leroy spent tring to rescue his bother
from an addiction to drugs. Leroy arranged jobs. housing, and treatment
in years-long effort to free his brother from the grip of his addiction. '
sadly, his best effort. that included countless time and money. ended
tragically when Leroy's brother died from the effects of years of drug use.
Leroy's devotion to his mother was always evident as he managed her
finances. including purchases of a home and car for her. as well as other
financial support. Her death withl,n weeks of his brother's death extrcted
a devastating emotional toll from Leroy.
Throughout all the time that Leroy was providing support to his brother and
mother, he also was making sure that the financial needs of his Aunt Mary
Oliver, who was instrmental in his strong upbringing. were attended to.
When Aunt Mary was stricken by Alzhelmer's disease, L.eroy personally
arranged for her care in a nursing home. Then. he became her
primary visitor. including responding to calls from the nursing home at any
hour of the day or night when the home Identified a need that Involved Aunt
Case 1:12-cr-00130-CKK Document 18-1 Filed 09/10/12 Page 46 of 47
., \"~. ,.,~..,
-
Mary's care. To this very day Leroy remains the only person that ensures Aunt
Mary's needs are attended to.
II
burdens of family members while simultaneously caring for his spouse and
two sons. His abilty to put the needs of others ahead of his own welfare is
testament to his character. I beg your Indulgence in giving more weight to
the character strengths that i have Identied than the singular failure that
Leroy has recently experienced.
-
It is noteworty that Leroy wilingly took on the financial and emotional
11
'
.~~4
Very truly yours,
_ Charles C. Walden
II
II
II
-
Case 1:12-cr-00130-CKK Document 18-1 Filed 09/10/12 Page 47 of 47
Exhibit 19
Filed Under Seal