MIAMI - A former University of South
Carolina president testified at his visa fraud and money laundering
trial Thursday that he was running a scam on a man he thought was a
Russian mobster because he was desperate for money to treat his
mental illness.
In reality, the mobster was an undercover detective and James
Holderman was arrested. He could get up to 20 years in federal
prison if convicted of visa fraud, money laundering and conspiracy.
The jury was expected to begin deliberations Friday.
Holderman, head of the university for 13 years until a financial
scandal in 1990, testified that he wouldn't know how to begin money
laundering.
But prosecutor Richard Gregorie confronted him with his 1996
bankruptcy fraud conviction, which included a money laundering
count.
At first, Holderman said he didn't remember that charge. When
Gregorie read an excerpt from the law involving wire transfers,
Holderman said, "I didn't understand that to be money
laundering."
Holderman called, met with and exchanged e-mails with Miami Beach
police Detective Sgt. Peter Smolyanski for nine months. The officer
posed as a drug trafficker in need of U.S. visas for himself and up
to 200 associates and $500,000 to $1 million a month in clean
profits from his crimes.
"This idea of violating the law originated with the government,"
defense attorney Neil Nameroff told jurors. "It is your job to judge
the accusers before you judge the accused."
Holderman, 67, of Charleston, S.C., said he was willing to take
$15,000 from Smolyanski twice as part of his own "charade" to get
treatment for his bipolar disorder but never did anything to get
illegal visas or to launder money.
"I was desperate for money and I was grasping at straws. I needed
to get on my medications and I knew it. I needed to see my doctor
for therapy, and I knew that," Holderman said. "I wasn't about to
get involved with him for $1 million. ... That's killing money."
Holderman said he talked up his connections to White House chief
of staff Andrew Card, former U.S. Secretary of State Lawrence
Eagleburger and former White House chief of staff Howard Baker but
never contacted them about the mobster.
"I was leading him on. I was practicing a charade on him,"
Holderman testified. "I didn't think for $10,000 or $15,000 that he
would break my legs. ... I was willing to take the risk."
In closing arguments, prosecutor Scott Ray said, "He knows what
he's doing is illegal. I think what they call this in Washington,
D.C., is plausible deniability."
Holderman's co-defendant and former protege, Rafael Diaz Cabral,
testified Wednesday that he was brought in by Holderman and thought
it was a mistake to get involved but still agreed to
participate.
The two holders of doctoral degrees were arrested counting out
money from $400,000 dumped by Smolyanski on a table during a hotel
meeting last March. Diaz said he would take $15,000 to the Dominican
Republic to begin work on the visa deal.
Diaz said he and Holderman also agreed to split a one-time
laundering fee of $250,000 for the purchase of a Dominican casino
license from Diaz's father.
Diaz, 39, of Greenville County, S.C., is to report to prison in
November to begin serving a 14-month prison term, which was
shortened due to his cooperation.
Holderman is not claiming an insanity defense but wants jurors to
consider his mental state. He was hospitalized soon after his arrest
in March when jailers cut off his medication.