Gang Leader Sentenced to 13 Consecutive Terms of Life Imprisonment
Anh The Duong Previously Found Guilty of Murdering Four People During Armed Robberies or Attempted Armed Robberies in Aid of Racketeering

SAN JOSE, CA—For his role in leading and participating in a Racketeer Influenced Corrupt Organization (RICO), and for murdering four people in the course of 15 separate armed robberies or attempted armed robberies, Anh The Duong was sentenced yesterday by U.S. District Court Judge Jeremy Fogel to six consecutive terms of life in prison without the possibility of release to be followed by another seven consecutive terms of life in prison, United States Attorney Melinda Haag announced.

Duong was convicted on Sept. 22, 2010, of all 26 counts he was charged with in a third superseding indictment, including six capital counts. The capital counts were as follows:

Count 6: Use of a firearm in the commission of a violent felony, resulting in death, in violation of 18 U.S.C. § 924(c) and (j), based on the murder of Chau Quach during the armed robbery of Thien Thanh supermarket;

Count 7: Murder in aid of racketeering, in violation of 18 U.S.C. § 1959(a)(1), based on the murder of Chau Quach during the armed robbery of Thien Thanh supermarket;

Count 18: Use of a firearm in the commission of a violent felony, resulting in death, in violation of 18 U.S.C. § 924(c) and (j), based on the murder of Hsu-Pin Tsai during the attempted robbery of Wintec Industries;

Count 19: Murder in aid of racketeering, in violation of 18 U.S.C. § 1959(a)(1), based on the murder of Hsu-Pin Tsai during the attempted robbery of Wintec Industries;

Count 28: Use of a firearm in the commission of a violent felony, resulting in death, in violation of 18 U.S.C. § 924(c) and (j), based on the murder of Josefino Cambosa during the armed robbery of Jade Galore Watch and Jewelry;

Count 29: Murder in aid of racketeering, in violation of 18 U.S.C. § 1959(a)(1), based on the murder of Josefino Cambosa during the armed robbery of Jade Galore Watch and Jewelry.

Duong was also convicted of RICO; RICO conspiracy; nine counts of interference with commerce by violence in violation of 18 U.S.C. § 1951(a) (Hobbs Act violations); seven counts of using/carrying firearms in a crime of violence in violation of 18 U.S.C. § 924(c); one count of assault in aid of racketeering in violation of 18 U.S.C. § 1959(a)(3); and one count of armed bank robbery in violation of 18 U.S.C. § 2113(a) and (d).

During the trial, evidence showed that from on or about Nov. 9, 1993, through on or about March 13, 2001, Duong was the leader of a criminal enterprise that carried out 16 separate armed robberies or attempted armed robberies during which he personally shot and killed four people. The evidence showed that Duong shot and killed 71-year-old Chau Quach during the armed robbery of Thien Thanh Supermarket on May 3, 1997; that Duong shot and killed Hsu-Pin Tsai during the attempted armed robbery of Wintec Industries, a computer components company in Fremont, Calif., on Aug. 28, 1998; that Duong shot and killed Kenneth Bailey during the armed robbery of Chong Hing Jewelers in Las Vegas; and that Duong shot and killed Josefino Cambosa during the armed robbery of Jade Galore Watch and Jewelry in Cupertino, Calif., on March 13, 2001.

Evidence was also presented during the trial that Duong was responsible for a gang-related quadruple homicide at the International Club in El Monte, Calif., on May 6, 1999. Duong shot and killed Minh Dieu Tram, Hoa The Tang, Robert Anthony Norman, and Lan Bang. The parties stipulated that Duong had been convicted in state court of those murders.

From Oct. 12, 2010, to Dec. 15, 2010, a second phase of the federal jury trial was held to determine the penalty for the six capital counts. On Dec. 15, 2010, the jury recommended a sentence of life in prison without the possibility of release as to each of those counts.

At the sentencing hearing, Judge Fogel imposed the sentence of life in prison without the possibility of release on each of the six capital counts, to run consecutively to each other. Furthermore, Judge Fogel imposed another consecutive seven terms of life in prison for Duong’s convictions for using/carrying firearms in a crime of violence. Judge Fogel imposed the statutory maximum on each of the remaining counts of conviction. In total, the court’s sentence resulted in six consecutive sentences of life in prison without the possibility of release to be followed by another seven consecutive sentences of life in prison.

Duong, 35 of Orange County, Calif., was first indicted by a federal grand jury on Sept. 26, 2001. Superseding indictments were handed down on June 25, 2003, June 8, 2004, and July 12, 2004.

Following sentencing, Duong is expected to return to the custody of the California Department of Corrections to await the execution of the state death penalty sentence that he received for the quadruple homicide at the International Club.

Shawna Yen and Jeffrey Schenk are the Assistant U.S. Attorneys who are prosecuting this case with the assistance of Legal Technician Tracey Andersen, paralegal Lakisha Holliman, and Victim/Witness Coordinator Deborah Kusber. The jury trial to determine the guilt and penalty for Mr. Duong was handled by former Assistant United States Attorney James Chou and Shawna Yen. This case was initiated by Assistant United States Attorney Jane Shoemaker who saw it through four indictments as well as a related trial. The prosecution is the result of a 11-year investigation by the Federal Bureau of Investigation.

Further Information:

Case #: 01-20154 JF

A copy of this press release may be found on the U.S. Attorney’s Office’s website at www.usdoj.gov/usao/can.

Electronic court filings and further procedural and docket information are available at https://ecf.cand.uscourts.gov/cgi-bin/login.pl.

Judges’ calendars with schedules for upcoming court hearings can be viewed on the court’s website at www.cand.uscourts.gov.

All press inquiries to the U.S. Attorney’s Office should be directed to Jack Gillund at (415) 436-6599 or by email at Jack.Gillund@usdoj.gov.