Ex-Detective Is Given 7-Year Prison Term

 

By WILLIAM K. RASHBAUM, NYTimes on the Web, October 14, 2006

 

 
 

Michael Nagle for The New York Times

At his sentencing, Thomas Rachko, a retired detective, sobbed and apologized for stealing about $800,000 in drug money.

Brooklyn, NY -- In a Brooklyn courtroom packed with his family, friends and neighbors, a retired police detective who had admitted to stealing roughly $800,000 from drug dealers delivered a tormented apology yesterday, moments before a judge sentenced him to seven years in federal prison.

Sobbing as he described how a voracious gambling addiction drove his thefts and led to a separation from his wife, the detective, Thomas Rachko, 48, also spoke of his two sons, 11 and 13 years old, who were not in court.

He said the boys had read many times of his successes during his 20-year police career, only “to be forced because of my hideous actions to read about my disgusting behavior.”

“I just can’t believe I did what I did to them,” Mr. Rachko told Judge Carol B. Amon of United States District Court in Brooklyn.

A big man with close-cropped silver hair, he rubbed his hand over his face as his voice quavered.

“I am so sorry, but by the same token, your honor, I am here today to be punished,” he said.  “I deserve to be punished.  What I did was horrendous.  I can’t believe I did it, but it is deserving of punishment.”

Mr. Rachko, who retired from the Police Department in 2002, had faced life in prison on narcotics conspiracy charges arising from his significant role in the department’s biggest scandal in a decade.  His sentencing brought the criminal investigation to a close.

He was arrested on Nov. 26, 2003, just hours after he and his old partner, Julio C. Vasquez, were captured on videotape stealing $169,000 from a drug money courier.  He began cooperating with the authorities almost immediately, and the theft unraveled a web of corruption — thefts of drug money and drugs that Mr. Vasquez helped sell for cash.  As many as 10 current or retired police detectives and supervisors were implicated.

Mr. Rachko, who before he retired was assigned to the Northern Manhattan Initiative, a narcotics unit that focused on drug dealers in Harlem and Washington Heights, spent his drug plunder betting on horses.  He sometimes collected his illicit take right outside Off-Track Betting parlors so he could go back in and gamble some more.

But he stressed to the judge that he was not seeking to lessen the gravity of his crimes by citing his addiction.

“I do not use gambling as an excuse for what I did, your honor,” he said.  “I knew when I did what I did I was doing wrong, and I was breaking the law.  I just did not have the courage or the proper mind-set to stop.  I knew because of the fact that for most of my years I was a good detective, I knew that I was going to get caught.  But I just could not control myself.”

He told the judge that his gambling addiction placed a tremendous burden on his family.  He also apologized to his community, a Bronx neighborhood, whose residents turned out with his family to support him, filling every seat on the courtroom’s polished wooden benches.  He said he never bought anything for himself, adding that the dark gray suit in which he was sentenced was given to him as a gift 10 years ago.

“Yes, I was greedy for that money,” he said.  “Almost like a — a junkie would be for a bag of heroin.  I just wanted that money to gamble.”

His lawyer, Jeffrey Lichtman, had pleaded with the judge to look at some of the positive things Mr. Rachko had done, citing his work as a detective before he began committing crimes, and his extensive volunteer work in the Bronx.

The prosecutor, Adam Abensohn, an assistant United States attorney, said some of his colleagues had known Mr. Rachko before his arrest, and “liked him, trusted him and believed him.”

Before pronouncing sentence, Judge Amon called his crimes a “horrible breach of the public trust.”  But she noted that he was remorseful and had cooperated, as detailed in a prosecution letter that enabled her to mete out a lighter sentence than the statutory minimum of 10 years and the maximum life term advised by sentencing guidelines.

The proceeding yesterday brought to an end the three-year investigation by the El Dorado Task Force, the anti-money-laundering unit of Immigration and Customs Enforcement of the Department of Homeland Security that videotaped the $169,000 theft, and by F.B.I. agents and the police Internal Affairs Bureau investigators.

Mr. Vasquez was sentenced to six years in prison.  John Maguire, a retired lieutenant, was sentenced to 14 months, and Carlos Rodriguez, a former detective, was sentenced to two years.  Another detective was fired after a police administrative hearing, and the department is seeking to fire two more.

After the sentencing, an F.B.I. agent who worked on the case shook Mr. Rachko’s hand.  Then, the retired detective, who will keep his police pension and pay a $10,000 fine after serving his prison term and five years of supervised release, walked into the courtroom gallery and held his wife in a long embrace as both wept.  He then hugged several supporters who had filled the benches.

 

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