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FBI Agents Return San Diego Fugitive from Taiwan

FBI San Diego March 09, 2009
  • Darrell Foxworth (858) 320-8302

The FBI is announcing the return of San Diego fugitive, Mark Lee Kaczmarczyk, age 57, from Taipei, Taiwan to San Diego, California.

On Friday, March 6, 2009, Kaczmarczyk was returned to the United States in the custody of FBI Agents who had traveled earlier in the week to Taipei, Taiwan. At the time of his deportation from Taiwan, Kaczmarczyk was charged with being a federal fugitive having unlawfully fled San Diego to avoid prosecution. Kaczmarczyk had also been charged by the San Diego District Attorney’s Office (SDDAO) with four counts of Child Abuse and three counts of Lewd Act Upon a Child based upon an investigation conducted by the San Diego Police Department (SDPD).

According to the federal complaint filed in this matter, on September 17, 2007, a San Diego Police Department Detective filed a Declaration in Support of an Arrest Warrant against Kaczmarczyk. According to the declaration, the SDPD’s investigation determined Kaczmarczyk and his wife owned and operated a day care facility out of their home in San Diego. Investigation of this facility by SDPD determined a total of six children ranging in ages from two months to three years of age had sustained physical injuries while under the care of the Kaczmarczyks.

Based upon the evidence developed in this case the Family Court ordered Kaczmarczyk into a Sexual Offender Treatment Program. Kaczmarczyk participated in twelve (12), ninety-minute group therapy sessions as part of the court ordered program.

On December 11, 2008, Kaczmarczyk ceased participating in his court ordered therapy sessions without permission. On January 7, 2009, Kaczmarczyk was terminated from the Sex Offender Treatment Program due to non-compliance with the program guidelines.

Subsequent investigation determined that on December 8, 2008, Mark Lee Kaczmarczyk left the United States out of the Los Angeles International Airport aboard a China Airlines flight enroute to Chiang Kai Shek International Airport, Taipei, Taiwan.

On January 30, 2009, a federal complaint was filed with the U.S. District Court, Southern District of California, charging Kaczmarczyk with violation of Title 18, United States Code, Section 1073 – Unlawful Flight to Avoid Prosecution (UFAP). In summary, this federal statute makes it a crime for someone to move or travel in interstate or foreign commerce with intent to avoid prosecution, or custody or confinement after conviction, under the laws of the place from which he flees, for a crime, or an attempt to commit a crime, punishable by death or which is a felony under the laws of the place from which the fugitive flees.

On February 15, 2009, Kaczmarczyk, was taken into custody by Taiwanese authorities based upon information provided by the investigators in this case.

On Friday, March 6, 2009, Kaczmarczyk was returned to the United States via Los Angeles International Airport. Kaczmarczyk was subsequently transported from Los Angeles to San Diego by the SDDAO and booked into the San Diego County Jail.

On Monday, March 9, 2009, Kaczmarczyk appeared in Superior Court of California at which time bail was set at $2,000,000. Additional questions concerning prosecution in this matter should be referred to the SDDAO.

Kaczmarczyk’s return to the United States was conducted under the FBI’s “Project Welcome Home.” This initiative facilitates the return of fugitives that are expelled or deported from foreign countries. Other agencies involved in this matter include the United States Attorney’s Office and the U.S. State Department.

An arrest itself is not evidence that the defendant committed the crimes charged. The defendant is presumed innocent until the Government meets its burden in court of proving guilt beyond a reasonable doubt.