Adult Content Warning: This newsitorial updates the progress of a federal complaint filed by four Brazilian women who allege that former tour operator Richard Schair exploited them for prostitution while facilitating child sex tourism. Sensitives be warned the following might disturb you. Badly.
Sometimes it’s best to review the statues firsthand. This is one of those cases.
ECPAT (End Child Prostitution, Child Pornography and the Trafficking of Children for Sexual Purposes) defines child sex tourism as “when an individual travels, either within their own country or internationally, and engages in sexual acts with a child.”
Title 18 of the United States Code Chapter 77 – Peonage Slavery, and Trafficking in Persons 1595 – Civil Remedy states:
(a) An individual who is a victim of a violation of this chapter may bring a civil action against the perpetrator (or whoever knowingly benefits, financially or by receiving anything of value from participation in a venture which that person knew or should have known has engaged in an act in violation of this chapter) in an appropriate district court of the United States and may recover damages and reasonable attorneys fees.
Punishments from section 1591 – Sex trafficking of children or by force, fraud or coercion are paraphrased thusly.
Recruitment of persons under 14 – 15 years in prison or life, a fine and restitution.
Recruitment of persons fifteen and over – 10 years to life, a fine and restitution.
This article throws a lot at you as it summarizes six years of work.
Kind of like shooting facts out of a Gatling gun.
But you can handle it.
All are innocent unless proven otherwise.
Thank you for being here,
Here are updates in the nearly three-year-old child sex tourism case against former tour operator, Richard Schair of Gainesville, GA. Two recent dismissals of the same federal appeal boost Schair’s losing record to 1 - 6 as he’s tried to prove his innocence since 2008. He’s battled multiple allegations of child sex crimes, rape and prostitution in both the U.S. and Brazil including an unsuccessful attempt to muzzle this investigation. Schair’s most recent setback took place on March 11, 2014 when Court of Appeals for the Eleventh Circuit dismissed his appeal for the second time. The first dismissal was due to incomplete paperwork.
According to Federal Circuit Judge Frank M. Hull:
“This appeal involves claims based on the international sex trafficking of children.” The Judge further explains that Plaintiffs A, B, C and D sued Schair and his company for coercing them into performing sex acts with him and his clients, violating the Trafficking Victims Protection Act. The Judge further wrote that “defendant Schair provided the district court with evidence of the ongoing U.S. and Brazilian criminal investigations.” The case was stayed in August, 2011 until “the domestic criminal action ended.”
“In July 2012,” the dismissal continues, “almost one year after the district court’s order staying the plaintiffs’ civil action, they moved to lift the stay based on a perceived lack of prosecution by the U.S. government.”
Schair opposed the motion to lift the stay.
Oral arguments were held during October 2012. In November, the plaintiffs filed a status report that the U.S. DOJ chose to not prosecute Schair, so the motion to lift the stay was granted.
Schair then spent the next year exercising his rights to appeal. The Appeals judge wrote “the TVPA’s mandatory stay provision in 1595(b) was not designed to help a defendant (Schair) delay a U.S. civil action for sex trafficking violations.”
The appeal judges agreed that their only issue was if they had the jurisdiction to review the stay order. “Because the district court’s order is neither a final order nor appealable under the collateral order doctrine, we dismiss the defendants’ appeal for want of appellate jurisdiction.”
This dismissal was filed on March 14, 2014. A week later, both parties filed a joint motion to postpone any final pretrial conference date and extend discovery for a year.
This next update is based on the joint motion.
Item 5 of the Joint Preliminary Report and Discovery Plan reports that the Brazilian women aren’t aware of other parties to be joined. Schair reports that discovery will determine if he joins his business partner as well as the owner of the Amazon Santana, the fishing boat where the alleged child prostitution, rapes and sex tourism took place. Jose Lauro Rocha Da Silva has been indicted and is currently being prosecuted in Brazilian Federal Court of the Amazon Region along with Schair and five others for these crimes.
Why would Schair throw his partner and the boat’s owner under the bus? Schair and his attorneys write that the one individual who hired and trained the employees is Jean Philippe Perol. He’s a French citizen and the current Director of the Americas with the French Governmental Travel Agency “Atout France.”
“During the time of the alleged conduct,” Schair’s team writes, “Mr. Perol held an ownership interest in the Santana Tourismo and was a central figure regarding operational decisions. Defendants submit that Richard Wayne Schair and Wet-A-Line Tours, LLC are improperly joined as parties.”
Now that the appeals court denied Schair’s appeal, filings are flying. A hearing on the joint motion was held March, 26, 2014. Judge O’Kelly granted the request to extend discovery until September 30. He also ordered defendants to file their motion to dismiss by April 15, 2014.
Schair’s best case scenario? Another federal investigation for another stay.
Or he could plead insanity because who in their right mind would do anything like this?
His worst-case scenario?
Running out of his endless “lawyer fund” so he’d not be able to fight possible extradition and end up waiting in a Brazilian prison until trial.
The girls’ best-case scenario is Schair digging fast and deep for a settlement to make this case go away. What could he do if his clients are subpoenaed then lawyer up, including those 19 Jesters he took fishing in Brazil for girls over 13?
The Jesters are sworn to protect each other except in the cases of murder or treason. They avoid publicity at all costs. And more than anything else, they want to avoid evidence of their repeat visits to Brazil for sex with underage girls.
Would they testify against Schair and his partners?
Consider the following punishments.
Penalties against Sex Tourism under the Protect Act states:
SEC. 106. TWO STRIKES YOU'RE OUT.
(a) In General.--Section 3559 of title 18, United States Code, is amended by adding at the end the following new subsection:
``(e) Mandatory Life Imprisonment for Repeated Sex Offenses Against Children.--
``(1) In general.--A person who is convicted of a Federal sex offense in which a minor is the victim shall be sentenced to life imprisonment if the person has a prior sex conviction in which a minor was the victim, unless the sentence of death is imposed.
We’ll know more after Schair’s attorneys file his motion to dismiss shortly after April 15.
So, why are you reading about this?
Eight years ago, I began investigating the claims of two whistleblowers. One a Shriner. The other a former IRS agent. They had been studying tax returns and found financial problems. This led to the first ever exposure of their secret sub-group, the Royal Order of Jesters by publishing “Jesters Exposed” on February 15, 2008. A few days later, I learned about how 19 Jesters were named on a witness list for the defense in a defamation action between two fishing tour operators who took clients to fish the Amazon in Brazil. "'Jesters' To Testify about Illegal Drugs, Child Prostitution?" was published about three weeks later, on March 6, 2008. This reported how these Jesters were expected to testify about "their first hand knowledge of prostitution, minor prostitution, use of illegal drugs and/or the alleged illegal entry of one of the tour operators into Indian reservations by the plaintiff (Richard Schair) and his customers."
Three days later, on March 9, 2008, The Buffalo News reported "Former Judge Tills resigns amid FBI prostitution investigation."
Reporters Dan Herbeck and Aaron Besecker wrote:
"A retired State Supreme Court justice resigned his post as a hearing officer as federal agents investigate his alleged role in taking a local massage parlor worker across state lines for purposes of prostitution. FBI and U.S. Border Patrol agents are investigating allegations that retired Judge Ronald H. Tills, his former law clerk and a retired police captain took the female massage parlor employee in a motor home to a gathering of members of a nationwide group called the Royal Order of Jesters."
April 12, 2008 I wrote and published “Judge Central Figure in FBI Probe, the S.O.B.I.B. and the Jesters' Half Million Dollar Weekend Parties.”
The judge, his law clerk and the retired police captain were caught in a FBI human trafficking sting. All pleaded guilty to taking, or conspiring to take, undocumented alien prostitutes to Jester parties in Kentucky, Pennsylvania and Florida as well as a national meeting held in Ontario, Canada.
It took about 60 days to expose the biggest nonprofit fraud of our time – human trafficking at taxpayer expense.
How are the Shriners and Jesters related?
The Shriners and the Royal Order of Jesters are appendant groups of Freemasonry. One must first be a Master Mason before being able to join sub-groups like the Scottish Rite, Knights Templar and the Shriners. However, one must first be a secretly invited Shriner before joining the Royal Order of Jesters, a self-described "luxury organization for only those who can qualify and who can afford it."
There are about 23,500 Jesters organized into nonprofit "courts" that correspond to the 191 Shriner temples located across North America.
The Jesters tell the IRS that their tax-exempt mission is “promoting fellowship and fraternalism and extending good cheer to others.” Their exempt purpose is to hold annual events “devoted to fraternalism and spreading the gospel of mirth and good cheer.”
This is secret code for geriatric Johns and pimps who secretly use their positions of influence to protect their network of prostitutes who are trafficked around the country to provide sex at their weekend parties. The Jester courts then claim the costs of their parties as tax deductions because they are nonprofit.
You might want to read that again.
By the way, Lois Lerner, the IRS official tied to the agency selectively approving applications from 501c4 political groups, approved the Jesters 501c3 “museum” application. This was after the Jesters built a million dollar headquarters masquerading as a “museum” to avoid paying property taxes. The Jesters expected their “museum” to qualify for property tax exemption since the IRS approved their application, but inspectors from the assessor’s office found differently.
IRS and Congressional investigators might want to know that the Jesters 2012 501c3 tax return does not report their failure to have their “museum” qualify for property tax exemption. A state tax review board denied their appeal because the Jesters failed to prove they qualified as a tax-exempt group. The Marion County Assessor then reclassified the Jester Museum property as “commercial.” This should have been reported to the IRS on this tax return with an application for dissolution.
It was not.
Back to the Jesters’ human trafficking.
An Erie County Deputy Sheriff later pleaded guilty in the same case. He drove prostitutes from Buffalo over the border to a National Jester convention in Niagara Falls, Ontario, Canada. In this case, the FBI defines the Jesters for the first time as:
“The Royal Order of Jesters ('ROJ') is a worldwide fraternal organization whose membership is limited to individuals invited to join by other members. The motto of the ROJ is ‘mirth is king.’ The ROJ has local chapters or ‘courts.’ On occasion, a local court or group of local courts in the same geographical area sponsor social gatherings known as ‘books of the play’ or ‘books.’ The sponsoring courts organize the ‘books’ and arrange for food, lodging, and entertainment at the ‘books.’ The ROJ also sponsors a yearly national ‘book,’ the equivalent of a national convention. In April 2005, the Jester’s national book was held in Niagara Falls, Ontario, Canada. As set forth below, a typical feature of a ‘book of the play’ is the presence of prostitutes (‘Jester Girls’) who engage in commercial sex acts with members of the ROJ. Arrangements for the prostitutes are generally made by the organizer of the ‘books,’ or the region hosting the national ‘book.’ On occasion, individual Jesters make arrangements to transport prostitutes to ‘books.’”
Back to Schair’s losing record.
His only “win,” so far, is avoiding grand jury indictment after a criminal investigation in Miami.
“Losses” are decisions that don’t go his way. These could be decisions against him or settlements or the withdrawal of cases he initiates against those exposing or prosecuting him.
Nine other articles document three more court challenges that blew up in his face.
1) Schair sued a business rival after alleging that he provided prostitutes for his fishing customers. As evidence mounted against him, Schair paid his rival $15,000 and settled out of court.
2) Schair’s request for habeas corpus made public his indictment by the Brazilian Federal Police for rape, using minors for prostitution and violating indigenous rights. Two denials were issued by a Brazilian Judge who relied on a police report that explained, documented and outlined the charges for which Schair was indicted.
3) Schair sued Newsvine.com after I reported his Brazilian indictment. He immediately withdrew his complaint after Newsvine.com attorneys moved the case from district court to federal court.
These four losses plus two denials from the current case add up to six. His one “win” was avoiding indictment by the Grand Jury in Miami.
That makes Schair’s losing record 1 – 6.
“Brazil Child Sex Tourism Resource with Timeline” provides more details.
Again, all are innocent unless proven otherwise.
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