Equipo Nizkor - Plea Memorandum for the crimes committed by Linda Weston.

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA
v.
LINDA WESTON
a/k/a "Mom,"
a/k/a "Brenda Williams"
CRIMINAL NO. 13-025-1

GOVERNMENT'S CHANGE OF PLEA MEMORANDUM

The defendant, Linda Weston, is charged in this matter with numerous offenses arising out of her membership in and leadership of the Weston Family criminal enterprise. Defendant Weston is prepared to plead guilty to all counts of the Indictment in which she is charged.

TERMS OF PLEA

1) The defendant agrees to plead guilty to the following counts of the indictment:

Count 1, conspiracy to participate in a racketeering enterprise, in violation of 18 U.S.C. з 1962(d);
Count 2, conspiracy to commit a hate crime, in violation of 18 U.S.C. з 371;
Counts 3-6, hate crime, in violation of 18 U.S.C. з 249(a)(2);
Counts 7-8, 16-17, 21, 28, 33, 196, kidnapping, in violation of 18 U.S.C. з 1201(a)(1);
Count 9, kidnapping resulting in death of the victim, in violation of 18 U.S.C. з 1201(a)(1);
Counts 10-11, 18-19, 22, 30, 34, violent crime in aid of racketeering - kidnapping, in violation of 18 U.S.C. з 1959(a)(1);
Counts 12-13, 20, 23, 29, 35, violent crime in aid of racketeering - conspiracy to assault with dangerous weapon, in violation of 18 U.S.C. з 1959(a)(6);1
Count 14, involuntary servitude, in violation of 18 U.S.C. 1584(a);
Counts 15 and 24, violent crime in aid of racketeering - murder, in violation of 18 U.S.C. з 1959(a)(1);
Counts 25-26, sex trafficking, in violation of 18 U.S.C. зз 1591 and 1594(a) and (b);
Count 27, forced human labor, in violation of 18 U.S.C. з 1589(a)(1)and (a)(2);
Counts 31-32, 36-37, use of a firearm in furtherance of a violent crime, in violation of 18 U.S.C. з 924(c);
Count 38-43, theft of government property, in violation of 18 U.S.C. з 641;
Counts 44-47, 195, false statements to federal officials, in violation of 18 U.S.C. з 1001;
Counts 48-51, false statement to the Social Security Administration, in violation of 42 U.S.C. з 1383a(a)(2);
Counts 52-176, wire fraud, in violation of 18 U.S.C. з 1343; and
Counts 177-194, mail fraud, in violation of 18 U.S.C. з 1341.

These charges all arise from the defendant's participation in running a decade-long racketeering enterprise in which she and members of the enterprise (the "Weston Family"), among other things, defrauded the Social Security Administration by targeting extremely vulnerable, mentally ill adults qualified to receive disability benefits, confining and physically abusing them, and then stealing the victims' benefits and converted them for use by the Weston Family. The defendant further acknowledges her waiver of rights, as set forth in the attachment to this agreement.

Essential Terms of Plea

1. At the time of sentencing, the government will:

a. Not seek the death sentence as a penalty for: the defendant's violations of 18 U.S.C. з 1959, as charged in Counts 15 and 24 of the Indictment;

b. Forbear from filing, and/or move to withdraw the filing of, its Notice of Intent to Seek the Death Penalty, as to this defendant only. The defendant understands and agrees that, pursuant to the terms of this agreement, without a Notice of Intent To Seek The Death Penalty, her sentence will be life imprisonment plus a consecutive 80 years, as provided in Paragraph 3 of the plea agreement.

c. Make the agreed upon sentencing recommendation of mandatory life plus a consecutive 80 years and make whatever sentencing recommendation as to fines, forfeiture, restitution, and other matters which the government deems appropriate.

d. Comment on the evidence and circumstances of the case; bring to the Court's attention all facts relevant to sentencing including evidence relating to the character and any criminal conduct of the defendant; address the Court regarding the nature and seriousness of the offense; respond factually to questions raised by the Court; correct factual inaccuracies in the presentence report or sentencing record; and rebut any statement of facts made by or on behalf of the defendant at sentencing.

e. Nothing in this agreement shall limit the government in its comments in, and responses to, any post-sentencing matters.

II. STATUTE CHARGED IN THE INFORMATION - ELEMENTS OF THE OFFENSE

A. The elements of conspiracy to participate in a racketeering enterprise, in violation of 18 U.S.C. з 1962(d), as charged in Count 1, are:

First, that two or more persons agreed to conduct or to participate, directly or indirectly, in the conduct of an enterprise's affairs through a pattern of racketeering activity;
Second, that the defendant was a party to or member of that agreement; and
Third, that the defendant joined the agreement or conspiracy knowing of its objective to conduct or participate, directly or indirectly, in the conduct of an enterprise's affairs through a pattern of racketeering activity and intending to join together with at least one other alleged conspirator to achieve that objective.

3rd Circuit Model Criminal Jury Instructions, No. 6.18.1962D (2013).

B. The elements of conspiracy to commit a hate crime, in violation of 18 U.S.C. з 371, as charged in Count 2, are:

First, that two or more persons agreed to commit a hate crime.
Second, that the defendant was a party to or member of that agreement;
Third, that the defendant joined the agreement or conspiracy knowing of its objective to commit a hate crime and intending to join together with at least one other alleged conspirator to achieve that objective; that is, that the defendant and at least one other alleged conspirator shared a unity of purpose and the intent to achieve a common goal or objective, to commit a hate crime; and
Fourth, that at some time during the existence of the agreement or conspiracy, at least one of its members performed an overt act in order to further the objective of the agreement. 3rd Circuit Model Criminal Jury Instructions, No. 6.18.371A (2013).

C. The elements of hate crime, in violation of 18 U.S.C. з 249(a)(2), as charged in Counts 3-6, are:

First, that the defendant caused bodily injury to the victim;
Second, that the defendant did so because of the actual or perceived disability of the victim;
Third, that the defendant acted knowingly and willfully; and
Fourth, that the defendant's acts in causing the bodily injury to the victim occurred during the course of, or as a result of, the defendant's or the victim's travel across a state line or national border.

1 L. Sand, et al, Modern Federal Jury Instructions - Criminal, Instruction 17-39 (2014).

D. The elements of kidnapping, in violation of 18 U.S.C. з 1201(a)(1), as charged in Counts 7-8, 16-17, 21, 28, 33, 196, are:

First, the defendant knowingly and willfully seized, confined, kidnapped, abducted, or carried away the victim;
Second, the victim was thereafter transported in interstate commerce while so seized, confined, kidnapped, or abducted; and
Third, the defendant held the victim for ransom, reward, or other benefit or reason.

2A O'Mally, Grenig, & Lee, Federal Jury Practice and Instructions, з 4603 (6th ed., 2010); U.S. v. Noble, 251 Fed.Appx. 792, 798 n.6 (3d Cir. 2007).

E. The elements of kidnapping resulting in death, in violation of 18 U.S.C. з 1201(a)(1), as charged in Count 9, are:

First, the defendant knowingly and willfully seized, confined, kidnapped, abducted, or carried away the victim;
Second, the victim was thereafter transported in interstate commerce while so seized, confined, kidnapped, or abducted;
Third, the defendant held the victim for ransom, reward, or other benefit or reason; and
Fourth, the victim (Maxine Lee) died during the course of the kidnapping.

2A O'Mally, Grenig, & Lee, Federal Jury Practice and Instructions, з 4603 (6th ed., 2010); U.S. v. Noble, 251 Fed.Appx. 792, 798 n.6 (3d Cir. 2007).

F. The elements of violent crime in aid of racketeering - kidnapping, in violation of 18 U.S.C. з 1959(a)(1), as charged in Counts 10-11, 18-19, 22, 30, 34, are:

First, that an enterprise affecting interstate commerce existed;
Second, that the enterprise was engaged in racketeering activity;
Third, that defendant had, or was seeking, a position in the enterprise;
Fourth, that defendant committed the alleged crime of violence, that is, kidnapping; and
Fifth, that defendant's general purpose in committing the crime of violence was to maintain or increase his position in the enterprise or was in consideration for the receipt of anything of value.

3 L. Sand, et al., Modern Federal Jury Instructions - Criminal, Instruction No. 52-36, (2014).

G. The elements of violent crime in aid of racketeering - conspiracy to assault with dangerous weapon, in violation of 18 U.S.C. з 1959(a)(6), as charged in Counts 12-13, 20, 23,29, 35, are:

First

Second

Third

Fourth,

Fifth

3 L. Sand, et al., Modern Federal Jury Instructions - Criminal, Instruction No. 52-36, (2014).

H. The elements of involuntary servitude, in violation of 18 U.S.C. 1584(a), as charged in Count 14, are:

First, that defendant held the victim in involuntary servitude;
Second, that such servitude lasted for some period of time; and
Third, that defendant acted knowingly and willfully.

2 L. Sand, et al., Modern Federal Jury Instructions - Criminal, Instruction No. 47A-2, (2014).

I. The elements of violent crime in aid of racketeering - murder, in violation of 18 U.S.C. з 1959(a)(1), as charged in Counts 15 and 24, are:

3 L. Sand, et al., Modern Federal Jury Instructions - Criminal, Instruction No. 52-36, (2014).

J. The elements of the offense of sex trafficking, in violation of 18 U.S.C. зз 1591 and 1594(a) and (b), as charged in Counts 25-26, are:

either

Eleventh Circuit Pattern Jury Instructions (Criminal Cases), Instruction 63 (2010); 2 L. Sand, et al, Modern Federal Jury Instructions - Criminal, Instruction 47A-18 (2011).

K. The elements of forced human labor, in violation of 18 U.S.C. з 1589(a)(1)and (a)(2), as charged in Count 27, are:

2 L. Sand, et al., Modern Federal Jury Instructions - Criminal, Instruction No. 47A-9, (2014).

L. The elements of using a firearm in furtherance of a crime of violence, in violation of 18 U.S.C. з 924(c), as charged in Counts 31-32, 36-37, are:

3rd Circuit Model Criminal Jury Instructions, No. 6.18.924B (2014).

M. The elements of theft of government property, in violation of 18 U.S.C. з 641, as charged in Counts 38 - 43, are:

First

Second

Third

Fourth

1 L. Sand, et al., Modern Federal Jury Instructions - Criminal, Instruction No. 23A-2, (2014).

N. The elements of making false statements to federal officials, in violation of 18 U.S.C. з 1001, as charged in Counts 44-47, 195, are:

2 L. Sand, et al, Modern Federal Jury Instructions - Criminal, No. 36-9 (2014) (unmodified).

O. The elements of making false statements to the Social Security Administration, in violation of 42 U.S.C. з 1383a(a)(2), as charged in Counts 48-51, are:

Adapted from 2 L. Sand, et al, Modern Federal Jury Instructions - Criminal, No. 36-9 (2014) (unmodified).

P. The elements of wire fraud, in violation of 18 U.S.C. з 1343, as charged in Counts 52-176, are:

First

Second

Third

3rd Circuit Model Criminal Jury Instructions, No. 6.18.1343 (2014).

Q. The elements of mail fraud, in violation of 18 U.S.C. з 1341, as charged in Counts 177-194, are:

First

Second

Third

3rd Circuit Model Criminal Jury Instructions, No. 6.18.1341 (2014).

III. MAXIMUM PENALTIES

The defendant understands, agrees, and has had explained to her by counsel that the Court may impose the following statutory maximum and mandatory minimum sentences:

A. Count 1 (conspiracy to participate in a racketeering enterprise), life imprisonment, a 5 year period of supervised release, a $250,000 fine, and a $100 special assessment;

B. Count 2 (conspiracy to commit a hate crime), 5 years' imprisonment, a 3 year period of supervised release, a $250,000 fine, and a $100 special assessment;

C. Counts 3-6 (hate crime), (each count) 10 years' imprisonment, a 3 year period of supervised release, a $250,000 fine, and a $100 special assessment;

D. Counts 7-8, 16-17, 21, 28, 33, 196 (kidnapping), (each count) life imprisonment, a 5 year period of supervised release, a $250,000 fine, and a $100 special assessment;

E. Count 9 (kidnapping resulting in death of the victim), a mandatory minimum sentence of life imprisonment, a 5 year period of supervised release, a $250,000 fine, and a $100 special assessment;

F. Counts 10-11, 18-19, 22, 30, 34 (violent crime in aid of racketeering - kidnapping), (each count) life imprisonment, a 5 year period of supervised release, a $250,000 fine, and a $100 special assessment;

G. Counts 12-13, 20, 23, 29, 35 (violent crime in aid of racketeering - conspiracy to assault with dangerous weapon), (each count) 3 years' imprisonment, a 1 year period of supervised release, a $250,000 fine, and a $100 special assessment;

H. Count 14 (involuntary servitude), 20 years' imprisonment, a 3 year period of supervised release, a $250,000 fine, and a $100 special assessment;

I. Counts 15 and 24 (violent crime in aid of racketeering - murder), (each count) a maximum sentence of death, a mandatory minimum sentence of life imprisonment, a 5 year period of supervised release, a $250,000 fine, and a $100 special assessment;

J. Counts 25 and 26 (sex trafficking), (each count) a maximum sentence of life imprisonment, a mandatory minimum sentence of 15 years' imprisonment, a 5 year period of supervised release, a $250,000 fine, and a $100 special assessment;

K. Count 27 (forced human labor), 20 years' imprisonment, a 3 year period of supervised release, a $250,000 fine, and a $100 special assessment;

L. Counts 31-32, 36-37 (use of a firearm in furtherance of a violent crime), (each count) for the first violation: a maximum sentence of life imprisonment, a mandatory minimum sentence of 5 years' imprisonment consecutive to any other sentence imposed; a 5 year period of supervised release, a $250,000 fine, and a $100 special assessment; for each subsequent violation: a maximum sentence of life imprisonment, a mandatory minimum sentence of 25 years' imprisonment consecutive to any other sentence imposed; a 5 year period of supervised release, a $250,000 fine, and a $100 special assessment;

M. Counts 38-43 (theft of government property), (each count) 10 years' imprisonment, a 3 year period of supervised release, a $250,000 fine, and a $100 special assessment;

N. Counts 44-47, 195 (false statements to federal officials), (each count) 5 years' imprisonment, a 3 year period of supervised release, a $250,000 fine, and a $100 special assessment;

O. Counts 48-51 (false statements to the Social Security Administration), (each count) 5 years' imprisonment, a 3 year period of supervised release, a $250,000 fine, and a $100 special assessment;

P. Counts 52-176 (wire fraud), (each count) 20 years' imprisonment, a 3 year period of supervised release, a $250,000 fine, and a $100 special assessment; and

Q. Counts 177-194 (mail fraud), (each count) 20 years' imprisonment, a 3 year period of supervised release, a $250,000 fine, and a $100 special assessment.

Total Maximum Sentence is: death, with, a mandatory minimum term of life imprisonment plus 80 years to run consecutive to that life sentence, a 5 year period of supervised release, $49,000,000 fine, and a $19,600 special assessment. Full restitution of as much as $273,468.23 also shall be ordered.

The defendant further understands that supervised release may be revoked if its terms and conditions are violated. When supervised release is revoked, the original term of imprisonment may be increased by up to 5 years per count of conviction. Thus, a violation of supervised release increases the possible period of incarceration and makes it possible that the defendant will have to serve the original sentence, plus a substantial additional period, without credit for time already spent on supervised release.

IV. FACTUAL BASIS

At trial, the government would introduce testimony and evidence to establish the elements for all of the counts to which the defendant is pleading. This is a summary of that evidence but does not include all of the documents, evidence, testimony, reports and forensic and DNA test results the government has in its possession:

From approximately 2001 through October 2011, Linda Weston and other co-conspirators aligned with and loyal to her, (which comprise the racketeering enterprise charged in the indictment, hereinafter "the Weston Family" or "the WF") lured mentally handicapped individuals into locations rented by Linda Weston, Jean McIntosh, Eddie Wright and others in Philadelphia, Pennsylvania, Killeen, Texas, Norfolk, Virginia, and West Palm Beach, Florida. The group targeted mentally challenged individuals who were estranged from their families and offered them a place to stay. In some instances Weston pretended to have a romantic interest in her victims as a means of luring them into her home. Once Linda Weston convinced them to move in, she became their representative payee with Social Security and began to receive their disability benefits and in some instances, their state benefits. If the individual was not receiving social security benefits, Linda Weston took them to the social security office, instructed them on how to act, and made them apply for social security benefits, which she then took control of. On one occasion, Weston and one of her co-defendants took the social security and identification documents from a victim by force and then used the funds for her own and Weston Family purposes.

In order to ensure that she would be able to control her victims and ultimately receive their disability benefits, Linda Weston, Jean McIntosh, Gregory Thomas, Sr., Eddie Wright and other WF members confined these individuals to, among other areas, locked rooms, basements, closets, attics, and apartments. While confined to these locations, the captives were often kept isolated and in the dark. Some of the attics were unfinished and contained exposed pink fiberglass insulation. Some of the mentally challenged captives were kept locked in these attics and forced to sit and sleep directly on top of this insulation. On several occasions captives were forced to remain in these attics naked. While in captivity these individuals were sedated with drugs placed in their food and drink by Weston and other defendants. The mentally handicapped victims were subdued by serving them a low calorie, high starch diet consisting almost exclusively of Ramen noodles, beans and stew and generally limited them to, at most, one meal a day; punished them by slapping, punching, kicking, stabbing, burning and hitting them with closed hands, belts, sticks, bats, and hammers or other objects, including the butt of a pistol, when the individuals tried to escape, stole food, or otherwise protested their confinement and treatment.

The mentally challenged captives were not permitted to regularly bathe or change their clothes. Linda Weston, Jean McIntosh and other WF members required their female captives to perform household chores such as washing clothes, cooking, cleaning and babysitting the children for months and years at a time without compensation. The female captives were often forced to shower together after Linda Weston sprayed them with a mixture containing bleach and water. WF members provided buckets, containers, or portable toilets for the captives to relieve themselves as they were not allowed to use the bathrooms in the house. Several of the victims have also reported that they were forced to drink their own urine and eat their own as well as each other's feces. The female captives were also forced into prostitution while being confined in Texas and Florida. The WF moved the mentally challenged captives from state to state in order to elude detection by social service and law enforcement agencies.

Linda Weston, in an effort to obtain additional monies, enticed some of the mentally challenged captives to have children for her. Once the children were born, Weston took the children from the mentally challenged captives and the children were raised by members of the WF. Linda Weston took Tamara Breeden and Edwin Sanabria's daughter, named her after herself, and raised her as her own. Jean McIntosh took custody of Breeden and Sanabria's son, named him and raised him as her own. Weston and Jean McIntosh also obtained social security benefits for this child. Linda Weston also encouraged several of her own children to have sex with other minors unlawfully in her care, in an effort to create additional dependents of the WF eligible for financial benefits.

During this period of captivity two mentally challenged women, Donna Spadea and Maxine Lee, died as a result of mistreatment by Weston and others at her direction.

Weston Family Conduct in Philadelphia, Pennsylvania from 2001 - March, 2008

Weston and WF members held various mentally handicapped individuals captive in Philadelphia, PA from 2001 until March of 2008. During that time period Weston lured Tamara Breeden, Edwin Sanabria, Maxine Lee and Donna Spadea into her home. Within weeks or months of each victim's arrival they were drugged and confined. Weston cooked all of the food for these individuals and was witnessed regularly placing drugs into the food and drink of her victims. Weston became the representative payee with Social Security for Breeden and Sanabria in January and February, 2002.

Maxine Lee came to live with Weston in 2001 or 2002. Weston held Lee captive within two months of her arrival. Lee died in Weston's home in Norfolk, Virginia on November 13, 2008.

Linda Weston gained custody of her 12 year old niece, Beatrice Weston, in 2003. Beatrice Weston lived with Weston ten months prior to the Court granting Weston custody. She was monitored very closely by DHS. During that ten month time period Weston, McIntosh and WF members treated Beatrice as if she were her family. She was well kept, cared for and educated. This all changed after Weston was granted custody. Weston and Jean McIntosh began to treat Beatrice more and more like their captives in the basement. Eventually, Beatrice was forced to live in the basement and was treated in much the same manner as the mentally handicapped captives. The WF held Beatrice against her will until October, 2011, but never sought social security benefits for her. |1|

Donna Spadea came to live with Weston in April, 2005. Weston was selected to be Spadea's representative payee with Social Security on June 7, 2005. Spadea died in Weston's basement on June 26, 2005.

In July, 2007, Weston unlawfully took custody of the Salgado children. The Salgados were four siblings, N.S. (age 14), E.S. (age 13), A.L.S.(age 10), and A.S. (age 8). These children were the foster children of Weston's sister, Lashenaida Alsevido. Weston mated the older Salgado children with her then 14 year old son, Gregory Thomas, Jr. and her then 13 year old daughter, Sophia. The Salgado children were removed from Weston and placed in foster care. Shortly after their placement the Salgado children ran away from their foster home and back to Weston. Weston took the children back into her home and moved to various locations in the Philadelphia area in order to avoid law enforcement detection of both the Salgado children and her captives. Weston eventually moved the teenaged couples and the younger Salgado children into their own home. Gregory Thomas, Sr. installed locks on the doors and nailed the windows shut so that no one could enter or exit without the keys that only he and Linda Weston possessed. After neighbors began to complain about the noise the younger children were making while they should have been in school, Weston removed the ten and eight year old, locking them alone in another house she was also renting at the time. The windows were also nailed shut in this location. Later that same night, A.L.S. broke out a window and she and her brother escaped.

In March, 2008, Jean McIntosh moved to Killeen, Texas to be with her husband who was stationed there in the military. McIntosh transported her children, her younger siblings, and Elizabeth Salgado. Weston and Gregory Thomas, Sr. transported Breeden, Sanabria, Lee, Beatrice Weston and Nelson Salgado.

Weston Family Conduct in Killeen, Texas from March, 2008 - August/September, 2008

Weston's captives were kept in attics at various locations during their first trip to Texas. They continued to be confined, fed a high starch diet, isolated, drugged and beaten. Lee fell through the attic after disregarding Weston's admonition to remain still and quiet, and was severely beaten for this transgression. Beatrice Weston and Lee continued to perform chores for the Weston Family including childcare, cooking, cleaning, and washing clothes, without pay or other consideration. If their performance did not measure up to her standards Weston, Greg Thomas, Sr., their children, the Salgado children, and Jean McIntosh would beat them.

N.S., then 16 and So.T., then 15, became parents to X.T..

Weston Family Conduct in Norfolk, Virginia from August, 2008 - November 14, 2008

In late August, early September, 2008 Weston and Greg, Sr. moved everyone to Norfolk, Virginia. Jean McIntosh did not follow them. Weston re-united with an old boyfriend, Cameron Wilson and the WF moved into two locations. Weston, her children, the Salgado children, and Maxine Lee moved into 7435 Hooper Street. Weston directed Greg, Sr. to move into an apartment with Tamara Breeden and Edwin Sanabria. They remained in Norfolk until November 14, 2008, the day after the death of Maxine Lee. While there, Weston made Breeden lure Herbert Knowles into her home. Knowles, diagnosed with cerebral palsy and mental retardation, was working and living with his grandmother at the time. Weston convinced him to come live with them by promising to take care of him and to make it possible for him to be Breeden's boyfriend. Knowles eventually quit his job, moved with Weston and consented to her being named his representative payee with Social Security. Knowles was kept locked inside of the apartment with Breeden and Sanabria. His pleas to leave and go home were ignored. Greg, Sr. would beat him every time he complained. Weston continued to cook the same type of food for the captives, feeding them almost daily and drugging them in order to maintain control. Greg, Sr. was with them at all times and was the only person other than Weston to have a key to the apartment. The captives were locked in whenever Thomas left the apartment.

Weston called her daughter, Jean, who by then had moved back to Philadelphia and asked her to come get everyone after Maxine died. Jean and Weston's oldest son, James, picked everyone up in the early hours of November 14, 2008 and drove them to Philadelphia. The captives were ordered into the back trunk area of McIntosh' SUV where bags of clothes and other items were shoved on top of them.

Weston Family Conduct in Philadelphia, PA from November 14, 2008 - August, 2009

Upon their return to Philadelphia, everyone moved into Jean's apartment in West Philadelphia. D.M., Tamara and Edwin's son, was born in the bathtub of this apartment on March 25, 2009. Weston and McIntosh took custody of the baby after he was born. The hospital records reflect that Jean McIntosh used a fake name, "Laronda Smith," and represented herself as Tamara Breeden's aunt. She interacted with hospital personnel as the person who would be helping Breeden care for her baby, signed required documents on Breeden's behalf, and attended meetings discussing the child's physical and developmental issues, all the while misrepresenting her true identity and her true relationship with Tamara Breeden. Both Weston and McIntosh ultimately applied for and received Social Security benefits on the child's behalf.

During this time period, Breeden, Sanabria, Knowles and Beatrice (on occasion) were confined in rooms, attics and basements. They were rarely fed, continuously beaten, drugged and isolated unless Weston or Weston Family members wanted them to do something.

Weston Family Conduct in Killeen, Texas from August, 2009 - July, 2010

The Weston Family and their captives left Philadelphia and returned to Killeen, Texas in August of 2009. They remained there until July, 2010. It was during this time that Weston met Eddie Wright. Wright joined the Weston Family and helped them confine, control, and transport their mentally handicapped victims. During this time period, Breeden, Sanabria, Knowles and Beatrice were confined in attics. Their previous conditions of confinement remained the same.

It was also during this trip that Linda Weston rented trailers, one of which was used by Weston to prostitute Tamara and a then 17 year old Beatrice. Weston would invite men over to sleep with them. Weston then received payment from these men. If they gave the money to Tamara or Beatrice, they immediately gave it to Weston. Witnesses have also indicated that most of the men who came during daylight hours chose to have sex with Beatrice because Tamara's appearance was so bad. Neither Beatrice nor Tamara wanted to have sex with these men but Weston told them that they had no choice. Beatrice and Tamara did what Weston said because they did not want to suffer additional beatings. This account has been corroborated by Edwin, Herbert, the Thomas children, and a potential customer.

Weston was also reported to Killeen, Texas law enforcement and social work officials for her treatment of her mentally handicapped captives. Weston used a false name, lied about the circumstances and her relationship to the captives, identified them as her children and relatives then moved before they could follow up. Jean McIntosh also lied to authorities and said that the minor children were staying with her and verified the false name her mother had previously given.

Wright drove everyone from Killeen to West Palm Beach, Florida.

Weston Family Conduct in West Palm Beach, Florida from July 9, 2010 - October, 2011

Weston rented a number of locations while in West Palm Beach. One location contained an apartment building and a house. The captives were held in the apartment while Greg, Sr., watched over them. Beatrice and Tamara (on occasion) stayed in the house with Weston. Weston used them to babysit, wash, clean and do other chores.

Weston also prostituted the girls, to a lesser extent, in Florida. The men were allowed to come to her home which they referred to as the mansion because it had so many rooms. She would then make Tamara and/or Beatrice have sex with these men. Sometimes the men would stay overnight or for days at a time. Weston always received payment for the girls' services. They were never provided with protection or gynecological care. Beatrice and Tamara did not want to be hit so they did as they were told. Tamara also did this because she viewed WESTON as her mother and felt she had to do what "Mom" told her to do. The Florida prostitution was confirmed by Edwin, Herbert and the children.

Weston met Nicklaus Woodard in West Palm Beach, Florida. Twenty years her junior, he was the area drug dealer. After establishing a relationship with Weston, Woodard used her home to sell drugs. He also helped her control, confine and discipline Breeden, McLemire, and Beatrice by use of guns and other force. He often beat Beatrice and Tamara for stealing food. Woodard, often at the direction of and always with the approval of Weston, hit them with sticks, bats, his fists, and the butt of his gun.

Drwin McLemire has been diagnosed as mildly retarded with mood disorders. Social Security records indicate that he began receiving disability benefits in April of 1994. Since that time he has had numerous representative payees because he is unable to care for himself or handle his affairs. He has worked since his teen years in menial, manual labor jobs. He graduated from high school as part of a special education program.

McLemire met Linda Weston in October, 2010 while he lived in Pompano, Florida. She ultimately lured him into her home by promising him that they would have a romantic relationship. Once there, he was held captive with the other mentally impaired individuals. McLemire describes this location as the "jail." On the day she locked him in she also took his social security card, all of his identification, and his benefit cards. Nick Woodard held a gun on him while Weston took these items so he felt he had no choice but to give them to her. The door to the apartment was kept locked and Weston would unlock it in the morning so Wright could get out. McLemire tried to escape but was caught by Weston and Woodard, who, at Weston's direction returned McLemire to captivity at point of gun.

G.T.,Jr. began a relationship with a 15 year old neighbor, B.R.. B.R. ran away to be with G.T.,Jr. Weston provided them with their own apartment and ultimately McIntosh arranged for them to be transported from Florida to Pennsylvania. B.R. remained in Philadelphia until discovered by law enforcement. Neither Weston nor McIntosh had permission to take custody of the minor or to transport her interstate.

Weston Family Conduct in Philadelphia, Pennsylvania in October, 2011

Weston moved her family and the captives back to Philadelphia on October 11, 2011. She and Eddie Wright purchased a minivan to transport most of their belongings. Wright and Edwin Sanabria drove in the minivan. Weston and Gregory Thomas, Sr. drove everyone else in an SUV. The captives and the dogs were in the cargo area of the SUV. The minivan broke down before they could leave the state of Florida. Weston decided to abandon the van and put Wright and Sanabria in the cargo area with the other captives and the dogs. Luggage and other items were placed on top of them. The trip took three days. Weston initially ordered Drwin chained to Beatrice Weston so that he would not run. He was later chained to Edwin when Sanabria joined the others after the van broke down.

Upon arrival in Philadelphia, Weston took everyone to Jean's apartment. Tamara, Edwin, and Drwin were immediately locked in the boiler room in the sub - basement by Weston and Gregory Thomas, Sr. after discussing where to house them with Jean McIntosh. Greg, Sr. chained Drwin to the boiler to prevent him from escaping. The light bulb was removed and the small window provided little light as it was entirely covered by dirt. The floor of the boiler room was comprised of dirt and rocks. Jean McIntosh or Weston gave Tamara and Edwin some old clothes which they made into a bed for them that they later shared with Herbert. Two of the dogs were also locked in with the captives. Drwin could not lay down to rest or sleep because the chain wrapped around his leg was too tight. They were watched by Eddie Wright. Wright delivered all of their food and drink. He also slept on a pallet on a ledge in the boiler room at night to make sure they were quiet and did not try to escape. There was a metal bucket in the corner of the boiler room for them to use as a toilet. Wright dumped this when he went upstairs each morning.

Beatrice was immediately led into the bathroom of Jean's apartment by Weston and McIntosh and locked inside of the closet. Jean did not want her to stay out with the rest of the family. Greg, Sr. put a lock on the closet door so Beatrice would not be able to escape. Beatrice was fed the same food as the captives.

Herbert was initially kept upstairs in the kitchen inside of Jean's apartment. He slept on two kitchen chairs. He was beaten and sent downstairs by Weston after he chastised one of the children for bad behavior. He remained in the basement until discovered by law enforcement.

Jean's landlord was checking on the property and discovered that a basement door that should have been locked was open. He went into the subbasement and discovered that the door to the boiler room had been chained shut. He opened the door and observed figures in the dark. He quickly closed the door and called the police. Upon their arrival, the police went to the boiler room and ordered all of the occupants out. The room was pitch black so the police had to use their flashlights to see inside. They encountered a smell that they described as "death." They ordered the people to exit the boiler room. All of the individuals appeared to have physical and/or mental disabilities. One male, later identified as Herbert Knowles, begged the officers to let them stay because they would be killed if they left. Another male, later identified as Drwin McLemire, told the officers he could not move because he was chained to the boiler. The landlord got a hacksaw and cut off the chain. The officers then helped McLemire exit the room. They also discovered two emaciated dogs inside of the boiler room and another in Jean's storage cage in the basement. The dogs were turned over to the SPCA.

Jean ordered Beatrice |2| removed from the closet and dressed in Muslim garb to hide her injuries. She then had her brother James take all of the children to his home. Jean was initially interviewed as a witness. She implicated her mother in the mistreatment of the handicapped captives and the death of Maxine Lee. As the victims and Beatrice Weston were interviewed, it became clear to law enforcement that McIntosh, Wright, Thomas and Woodard worked under Weston's direction to lure, capture, confine, control, and rob her mentally handicapped captives.

Additional Non-testimonial Evidence

1. Law enforcement reports and photographs confirming confinement in an attic in a home in Killen, Texas.

2. DNA of Tamara Breeden, Edwin Sanabria and Drwin McLemire found in closet in home on Manning Street in Florida.

3. Photographs of all copper having been removed from Weston's last home in Florida after she was evicted.

4. Bank records detailing Weston and McIntosh' control of the Social Security benefits of our victims and her withdrawal of those funds.

5. Social Security records detailing the mental and physical health conditions of our victims and Linda Weston's status as their representative payee.

6. Utility and other bills in the names of our victims while they were confined.

7. Photographs of the injuries sustained by the captives as a result of multiple beatings.

8. Photographs of injuries present on Maxine Lee at the time of her death.

9. Photographs of the attic and cabinet Maxine Lee was confined in while the WF lived in Norfolk, Virginia.

10. Photographs of the front and back basement of the location where Donna Spadea and other captives were held.

June 26, 2005 death of Donna Spadea:

Weston's children have indicated that they were with their mother and father in 2005 when their car pulled up to a corner in Frankford and a "white woman with white hair" got into the car with them. This woman has been identified as Donna Spadea. Spadea lived with them from that day until approximately two months later when she died. During that time they lived at 2211 Glenview Avenue in Philadelphia, Pennsylvania.

Maxine Lee, Tamara Breeden and Edwin Sanabria were already staying with the family. They resided in the front part of the basement, immediately accessible after one descends the stairs from the kitchen. Donna stayed in the back part of the basement nearest to the back door which lead to the driveway. Although Donna had a bed and an overhead light that was on whenever Linda Weston or others used the laundry area, she was locked into this utility part of the basement that was merely five feet wide. Her bed was smaller than a twin bed and this area also housed the washer, dryer, and sink. The door leading to the basement remained locked unless Weston granted one of captive's permission to come upstairs.

These individuals were rarely permitted out. Spadea went out on occasion with Weston. On one of those occasions Weston took Spadea to the Social Security office and became her representative payee. Weston placed pills in the juice she prepared for Maxine, Donna, Tamara, and Edwin. They would all fall asleep shortly after their meals. Maxine's job was to take care of Donna. She would help her eat and wash her up. Everyone in the basement used a portable toilet that was dumped by Maxine or Beatrice. They washed up in the sink in the utility area where Donna stayed. They rarely washed up and changed clothes. Eventually Donna stopped asking to go home or communicating at all. She simply lay in the room, allowing Maxine to care for her. The daily drugging (largely depressants), limited diet, and constant confinement had deprived her of the will and ability to flee.

On June 26, 2005, Beatrice Weston, then 14 years old, found Donna Spadea dead. Donna's mouth was open and she was not breathing.

Linda Weston ordered all of the kids to pack up. She was very nervous and upset. She called Jean and told her about Spadea's death. Jean McIntosh drove to her mother's home and drove the children back to her home while Weston remained on the scene.

Weston then returned to the home and called the police. Weston told the police that she found Spadea dead in her (Spadea's) bed. She also told them that Spadea had a history of heart issues and diabetes. The police and paramedics found Spadea lying on her side in a full sized bed in the front part of the basement. The night table contained several bottles of pills, some blank and some prescribed to Spadea. Those and the body were transported to the morgue. The initial death certificate found the cause of death as heart disease with diabetes as a se4condary cause. The manner of death was deemed "natural."

After reviewing the toxicology report which showed the presence of different forms of depressants, the medical examiner issued an amended death certificate. The immediate cause of death was changed to "multiple drug intoxication." The manner of death was changed to "accidental." In describing the injury the examiner wrote "took drugs." The captives and Weston's children were interviewed about the circumstances of Spadea's death. They indicated that Spadea died in her small bed in the back laundry room area of the basement and all of her furniture was removed from that area after her death.

November 13, 2008 death of Maxine Lee

Weston was involved in a relationship with Maxine Lee, a woman she met on a party line. Lee initially slept upstairs with Weston but eventually Weston placed her in the basement with Tamara Breeden, Edwin Sanabria, and Donna Spadea. Lee was allowed out to watch Weston's children and to perform household chores of cooking, cleaning, and washing clothes. Lee had to do everything Weston Family members told her to do or she was severely beaten. Lee was deprived of all of her basic human rights and freedoms and was punished whenever she asked to go home or complained about being held. Lee was never paid for performing any of the chores or duties given her by the Weston family. Every aspect of Lee's life was controlled by the Weston Family, including when and if she ate, when she slept and where she was permitted to go.

It was also during this time that Weston and McIntosh began to physically abuse Lee. They would jump her, striking her in the face and body with their fists, open hands, sticks, hammers, and bats. This was witnessed by all of the children. Eventually, even the children were permitted to beat Maxine. At one point the children realized that if you hit Maxine hard enough she would make "funny" sounds. They then began to hit her for sport. She was beaten on an almost daily basis. Witnesses have indicated that these beatings produced injuries and bruises all over her body. These injuries were never treated.

After McIntosh moved to Texas in 2008, Maxine tried to escape from the apartment building on Lieper Street. Beatrice, Maxine, Weston and Greg, Sr., were walking into the apartment building and Maxine ran. It was wet and cold but she ran. Maxine ran down the street but was caught by Beatrice and Weston. Greg, Sr. helped drag Maxine into the apartment. Once inside, Weston beat Maxine with a stick all over her body. She beat her around the ankles to insure that she could no longer run away. Maxine's ankles were badly swollen after Weston beat her. Weston had Greg, Sr. put a lock on the bathroom door and kept Maxine, stripped naked, rarely fed and locked up for weeks until the family moved to Killeen, Texas. Maxine was never allowed to wear shoes again unless they were traveling. She also walked with a limp due to the injury to her ankles.

There was an earlier brutal beating Maxine suffered at the hands of Linda Weston and Jean McIntosh. Lee either confessed to or was thought to be sleeping with Greg, Sr. and there was some concern that she might be pregnant. Weston became angry and began to punch and kick Lee. McIntosh joined in and they beat Lee until she could barely move. Weston repeatedly kicked Lee in the stomach so that she would "lose" any baby she may have been carrying. After the beating Lee was bleeding from her face and mouth. She did not receive any medical treatment.

Jean and Weston also severely beat Maxine on other occasions. She was rarely fed or washed and treated like a servant. If she stole food because her pleas for sustenance were ignored, then Weston or other Weston Family members would beat her. Lee endured this brutalization for approximately eight years and never fought back. She simply pleaded to go home.

Prior to living on Lieper Street, Weston moved into a home on E. Main Street in Lansdale, PA. Lee, Breeden and Sanabria were confined to small storage rooms in the attic of that property. These rooms were 4 feet tall and barely wide enough for them to sit in. The doors to these rooms were locked and there were no lights. They sat in the dark in these areas for months. This experience significantly affected Lee as she was more mentally aware than Breeden and Sanabria. Lee fought, complained, and talked a lot less after this experience.

As they moved around the country, Lee was often housed in the same locked rooms and attics as Tamara, Edwin, and Herbert. In fact, while in Texas the first time, Maxine, Edwin, and Tamara were placed in the attic by Weston. She instructed them that they were not to move around and were to be quiet when she had company. Lee moved around and ultimately fell through the ceiling, landing in the garage which at the time was being used by G.T.Jr. as a bedroom. All of the children were present and have told us that Weston beat Lee for falling and did not treat her injuries. Beatrice recalls having to stay in the attic with Tamara, Edwin, and Maxine during the first trip to Texas. She was allowed down to watch Little L. She has told us that they had to go to the bathroom in the attic. Edwin urinated in a container while the women simply went to the bathroom on themselves.

The family moved to Virginia after they left Texas. Weston did this to follow her boyfriend, Cameron Wilson, who told her that he had decided to go home to be closer to his children. Once in Virginia, Maxine was initially confined to the kitchen cabinet in the house Weston rented at 7456 Hooper Street in Norfolk. She had lost approximately 80 pounds by this time and was able to fit behind the pipes. S.T. remembers Maxine asking for water and her handing Maxine a small cup of water. This occurred on numerous occasions. She also remembers that the cabinet door did not open all of the way up. She does not recall her mom or anyone else feeding Maxine while she was in this cabinet. After a while, Maxine broke the cabinet door and Weston placed her in the attic. Edwin and Tamara recall being in the attic for a short period of time while Maxine and Beatrice were up there. They both describe it as being incredibly hot. Edwin begged to come down to get air since he was having trouble breathing due to the fact that he only had one lung. This was due to the fact that they were placed in the attic in August and in the later months the heat was always turned up very high. Complicating matters further was the fact that the only window in the room was very small and never opened. Edwin and Tamara were let down and spent the rest of their time in an apartment being watched by Big Greg. Maxine and Beatrice were not so lucky. They were stripped and ordered to stay in the attic. Beatrice was allowed down to watch Little L and was sent back to the attic on occasion. Maxine was never allowed back down from the attic. Beatrice and Maxine were not given anything to lie on so they lay naked on top of the pink insulation. Beatrice describes a scenario where they tried to stay as still as possible because the insulation was itchy. They were given one container to share and use to urinate, eat, and drink out of. Beatrice recalls times when she and Maxine were not fed for what seemed to be weeks at a time. While Greg, Jr. occasionally snuck food to Beatrice she does not recall anyone doing the same thing for Maxine.

The night before Maxine died, Beatrice was sleeping in the attic with her. Maxine was very quiet and rarely moved. The next morning Weston let Beatrice come down to babysit Little L. She also let Maxine come down to bathe. All witnesses have testified that this was the only time Maxine was allowed to wash since going up into the attic. When Maxine came down from the attic she was drooling, her eyes were opened wide and she looked "weird." Maxine was gravely ill when she came down from the attic. Weston ordered the girls to wash Maxine up. Maxine was washed up in the bathroom and given clothes to put on; Beatrice tried to feed Maxine kidney beans out of a can that Weston opened for her, and then Weston left to go to the store, leaving Maxine alone with the children. The children recall Maxine making gasping and groaning sounds. Maxine could not speak or respond when she was being spoken to. Weston returned from the store and Maxine died shortly thereafter. Weston called Jean in Philadelphia. Weston told Jean that Maxine had died and Jean told her that she had warned her about not feeding Maxine. Weston asked Jean to come get them. Jean agreed to come but made it clear that she would not beat the coroner to Hooper Street. Weston, G.T.Jr., and Tamara returned to Hooper Street so that Weston could call the police.

The initial post mortem examination in this case was performed by Dr. Jeffery Toland. Dr. Toland noted the extensive injuries to Lee's body, her overall poor health, and the fact that Lee appeared very wasted and had vomitus on her clothing. He went on to state that "the condition of the body (extremely cachectic with edema of feet and ankles) suggests end stage HIV/AIDS or self-neglect due to drug abuse. Cause and manner of death are pending" Dr. Toland then ordered a toxicology screen.

Forensic toxicologist Connie Luckie, PhD., performed the analysis. There was no evidence of drug or alcohol use by Lee. There was also no evidence of HIV or Aids. Senior Medical Examiner Wendy Gunther was assigned the case. After receiving the information about Weston and her relationship as Lee's caretaker, Dr. Gunther performed a full autopsy.

Dr. Gunther ruled the manner of death as natural secondary to "acute bacterial meningitis, unidentified organism with cachexia of unknown origin contributing." Dr. Gunther has since ruled the manner of death as homicide.

Evidence to Establish Counts 52 - 176 (Wire Fraud), Counts 177 - 194 (Mail Fraud), Theft and False Statements

Defendant Weston, along with codefendant Jean McIntosh, is charged in the indictment with theft and wire/mail fraud in connection with a scheme to unlawfully obtain disability payments from Social Security. Weston and McIntosh made false statements to Social Security in order to become representative payees for the individuals receiving disability payments. These proceeds were either mailed to Weston or electronically deposited in bank accounts via interstate wire transmissions of funds. In many instances Weston accessed the funds via ATM withdraws that used the interstate banking system. The withdraws of fraudulently obtained funds from ATM machines are enumerated in these counts.

Evidence demonstrates that Weston's purpose in taking custody of the victims and maintaining control over them was to steal their Social Security payments and, in the process, defraud the Social Security system. Co-defendant McIntosh acknowledged in a statement she made to local law enforcement that she was aware this was a significant purpose of Weston's custody over the disabled persons. She participated in the scheme because she shared in some of the proceeds obtained by Weston.

The facts surrounding the birth of victim D.M.M. highlights the core of Weston's and McIntosh's involvement in the theft of federal money and the underlying mail and wire fraud counts. Victim T.B gave birth to D.M.M. inside of McIntosh's West Philadelphia apartment on March 25, 2009. McIntosh was present during the delivery. When paramedics arrived to transport the baby and T.B. to the hospital, Weston instructed T.B to tell the paramedics that her name was Jean McIntosh. This charade continued at the hospital where T.B., Weston and McIntosh all pretended that T.B. was named Jean McIntosh. Medical records confirm that Weston and McIntosh succeeded in deceiving hospital officials that D.M.M.'s mother was a woman named Jean McIntosh.

The success in deceiving the hospital by manipulating the parentage of D.M.M. is financially evident in the Social Security benefits Weston and McIntosh both received at various times as representative payee for D.M.M., a status they switched at different times. Weston submitted an application to become representative payee for D.M.M. in 2010 and began receiving direct deposits into an account established to receive the funds. McIntosh also submitted an application in August 2011 and received funds as D.M.M.'s representative payee. The records show that between July 2010 and October 2012, Weston and McIntosh collectively received $8,095 through the deception regarding the parentage of D.M.M. These direct deposits are set forth in Counts 164 through 176 of the indictment.

Evidence also establishes that Weston participated in a series of deposits and withdraws connected to accounts Weston established for victims, and mailed or received via mail false Social Security forms on behalf of the victims: TB (Counts 52 - 94, 190), ES (Counts 95 - 102, 193 - 194) ML (Counts 103 - 131, 191 - 192) , and HK (Counts 132 - 163, 177 - 189). The Social Security payments and resulting withdraws -from bank accounts set up by Weston - all flowed from the fraudulent scheme devised by Weston. She made a series of false statements directly related to each of the victims. In applying to be the representative payee for each victim, she submitted a false statement representing that she did not have a criminal record. Once she obtained that status of representative payee for each victim, she continued the scheme by falsely certifying that the Social Security payments received on behalf of the victims were used entirely for their benefit (Counts 44 - 51) or misrepresent the living arrangements of the victims in response to an inquiry by Social Security investigators (Count 195). Evidence shows that Weston misused the payments by using the money for her own benefit or the benefit of other third parties.

By misusing the funds in this manner, Weston stole the money from the Social Security Administration, which expected the money to be used for the benefit of D.M. (Count 38), E.S. (Count 39), M.L. (Count 40), H.K. (Count 41), T.B. (Count 42), and D.M.M. (Count 43).

Respectfully submitted,
ZANE DAVID MEMEGER
United States Attorney

/s Faithe Moore Taylor
FAITHE MOORE TAYLOR
RICHARD P. BARRETT
Assistant United States Attorneys

DATE: September 1, 2015

Notes:

1. Weston applied for SSI benefits for Beatrice Weston on 8/18/03. She filed as Beatrice's aunt with legal custody and claimed Beatrice deserved benefits because she was a "slow learner." This application was denied because Weston failed to follow up. [Back]

2. Beatrice Weston was given a full body scan and several follow-up x-rays after her release in October, 2011. The results indicate eleven old fractures and BBs found imbedded in seven different parts of her body. [Back]

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01Sep15

Plea Memorandum for the crimes committed by Linda Weston

Notes: