Apr.01, 2010, 01:00:00 AM MDT, Source: The Denver Post
Thornton restaurateur Dan Tang was ordered Wednesday to serve 18 months in prison for funding a major marijuana- growing operation.
Chief U.S. District Judge Wiley Y. Daniel decided Tang's crimes were too serious to grant a probationary sentence requested by his defense attorneys, who cited his mental and physical ailments as mitigating factors.
At the same time, the sentence disappointed some drug agents who believed Tang deserved more time for funding a major north-metro marijuana-growing operation.
Tang, the 47-year-old owner of the Heaven Dragon restaurant, wept throughout the sentencing hearing and appeared contrite as he addressed the judge in English and his native Cantonese.
"I am very remorseful for all the past wrongs I have committed," Tang said. "I know I have done a big, big wrong. Big mistake. It jeopardized all my family members, and it also affected my society, my community."
In November, he pleaded guilty to money laundering and was ordered to forfeit $1 million in cash to the government.
In exchange, prosecutors agreed to recommend a sentence of 11 to 30 months, which is below the guideline range for his offense, which typically carries a term of 70 to 87 months in prison.
There was speculation Tang is cooperating with investigators on a corruption investigation because he was tipped off by a law enforcement officer about the marijuana raid in a letter.
However, Colorado U.S. attorney spokesman Jeff Dorschner said Tang does not know the source of the letter he received and is not involved in an ongoing investigation related to the source of the leak.
Two police officers from Northglenn and Thornton have sued their chiefs and supervisors on the North Metro Task Force because they claim they were retaliated against for cooperating with the Drug Enforcement Administration's investigation into the leak.
Prosecutor Stephanie Podolak told Daniel she agreed to the lesser sentence because she believes Tang had a diminished role in the marijuana-growing organization.
"What he did was lend money to family and other individuals to obtain homes that were then used to grow marijuana. He had no active role in cultivation and distribution of marijuana. That was done by other members of his family," she said.
DEA agents submitted a letter in Tang's pre-sentencing report criticizing the prosecution's decision to agree to a lesser term.
Podolak conceded there are some DEA agents who disagree with the sentence but said there appears to be a rift within the DEA about the plea agreement.
"We met with DEA, and we explained our positions, and they disagreed, and that is not uncommon," she said. "We disagree from time to time."
DEA Special Agent in Charge Jeff Sweetin declined requests to comment on the terms of Tang's sentencing.
Tang's attorney, Michael Axt, argued that Tang had no criminal record and a history of supporting his community and his restaurant employees.
Axt described him as a hardworking refugee who rose out of poverty after fleeing China. There is concern Heaven Dragon may go out of business without him running the restaurant.
He won't be required to surrender until Aug. 16 so that he has enough time to find a restaurant manager.
Axt said Tang is a workaholic who felt "culturally obligated" to lend his family members money to buy homes where marijuana was grown. He is known for his connections to both Democratic and Republican politicians, proudly memorialized by photos Tang displayed in his restaurant.
The judge was unmoved by defense arguments.
"This is a serious crime," Daniel said. "I just don't understand why he shouldn't go to jail. . . . If it means discomfort for him, so be it. If it means the business has to perform in different ways, that is a consequence of his criminal conduct."