Cardinal Mahony under federal investigation over abusive priests, sources say

The U.S. attorney in L.A. reportedly launched a grand jury probe to see if the prelate failed to adequately deal with such priests. A church lawyer says he was told Mahony is not the inquiry's target.

By Scott Glover and Jack Leonard
LA Times
January 29, 2009

The U.S. attorney in Los Angeles has launched a federal grand jury investigation into Cardinal Roger M. Mahony in connection with his response to the molestation of children by priests in the Los Angeles Archdiocese, according to two law enforcement sources familiar with the case.

The probe, in which U.S. Atty. Thomas P. O'Brien is personally involved, is aimed at determining whether Mahony, and possibly other church leaders, committed fraud by failing to adequately deal with priests accused of sexually abusing children, said the sources, who requested anonymity because they are not authorized to speak publicly about the investigation.

Authorities are applying a legal theory in an apparently novel way. One federal law enforcement source said prosecutors are seeking to use a federal statute that makes it illegal to "scheme . . . to deprive another of the intangible right of honest services."

In this case, the victims would be parishioners who relied on Mahony and other church leaders to keep their children safe from predatory priests, the source said.

To gain a conviction on such a charge, prosecutors would have to prove that Mahony used the U.S. mail or some form of electronic communication in committing the alleged fraud, the source said.

(More here.)