Pre-Sentence Report

CRIMINAL HISTORY

Records of the Las Vegas Metropolitan Police Department reflect the following:

While attempts to research the defendant's possible prior contacts with criminal justice system were initiated, no other records concerning the defendant could be located.

PLEA BARGAINING

On June 18, 1990, the defendant pled guilty as originally charged to the felony offense of Pandering. Pursuant to plea negotiations, the defendant unconditionally waived his preliminary hearing, the State agrees not to file a multiple count Indictment against the defendant, and the State retains the right to comment on the factual circumstances of the instant offense at rendition of sentence.

OFFENSE REPORT

Records of the Las Vegas Metropolitan Police Department and the Clark County District Attorney's Office reflect that the instant offense occurred substantially as follows:

During January 1990, the defendant engaged the professional services of a 46-year-old female for personal satisfaction. After approximately three "dates" (encounters during which sexual activity is performed in exchange for monetary compensation), the defendant approached the victim about setting up a brothel out of her residence located at 5204 Tamarus, #U, Las Vegas. The defendant rented the apartment next door (5204 Tamarus, #C), cut a hole through an adjoining wall within a closet, installed concealed video and audio surveillance equipment throughout apartment C, set up computers to monitor the financial aspect of the business, installed additional telephone lines with telephone answering machines within both apartments, in addition to, interviewing and hiring perspective employees within the brothel. The negotiations included that the defendant was to receive 50% of the profits incurred from the brothel and the victims were to receive 50% of the profits. Significantly, the defendant utilized his expertise with computers and their programming to obtain access to the State of Nevada Department of Motor Vehicles records, specifically, obtaining all license plate numbers on vehicles registered to the Las Vegas Metropolitan Police Department; he recorded them within the computers to aid in detecting any possible undercover officers securing "dates" within the brothel.

Pursuant to an investigation conducted by the Las Vegas Metropolitan Police Department Vice Unit, in which, the arrest of two of the defendant's former/current employees were arrested for prostitution endeavors. A search of the defendant's residence located at 1029 James Lovell, the victim's residence located at 5204 Tamarus, #D, and the apartment rented by the defendant located at 5204 Tamarus, #C, resulted in a bench warrant being issued for the defendant on June 4, 1990; he was subsequently arrested and transported to the Clark County Detention Center on June 5, 1990.

VICTIM INFORMATION

Records provided by the Clark County District Attorney's Office reflect that the 46-year-old female victim had financially supported herself through prostitution endeavors within the Las Vegas area for a minimum of 19 years. Since the instant offense she reports she has been unable to financially support herself as she does not possess any legitimate marketable job skills. Additionally, the victim maintained that during her association with the defendant, a profit of approximately $25,000 was incurred; of which, she never received her 50% share.

SUPPLEMENTAL INFORMATION

Contact with the United States Internal Revenue Service revealed that at this time it is not possible to determine if the defendant has submitted any financial records indicating financial gains realized for the reporting period of January 1, 1990 through March 31, 1990, or the reporting period of April 1, 1990 through June 30, 1990 from the instant offense.

Significantly, all attempts to verify the defendant's prior reported social and/or criminal history have been met with an extensive number of roadblocks. It is the opinion of the defendant that a concentrated effort has been utilized to eradicate all prior information concerning the defendant's employment history, educational history and mere existence. Contacts initiated within Federal Criminal Justice agencies have been met with "the information is on a need to know basis and you do not need to know." Similar replies were received from contacts within other Federal Government agencies not specifically related to the criminal justice system. It is the Department of Parole and Probation's contention that an equally plausible answer to the situation is that the defendant's reported prior social history is fictitious and created in the mind of the defendant in an effort to con or dupe others in an effort to promote his various causes or enterprises.

DEFENDANT'S STATEMENT

Mr. Lazar was interviewed at the Department of Parole and Probation on July 11, 1990. His written statement is attached for the Court's consideration.

During this interview, the defendant attempted to minimize his responsibility and subsequent culpability within the instant offense. Additionally, he was extremely evasive when answering questions. The defendant stated that after his present wife left him and he lost his job at the Test Site, he was mentally distraught and met a "hooker" (prostitute) through the newspaper. They subsequently became friends and he advised her on how to expand her business. For approximately $4,000 (money derived from her prostitution endeavors) the defen-

dant sold computer equipment to her, installed it, and educated her on how to operate it. Mr. Lazar stated that he was aware that this woman's financial assets were derived from illegal prostitution endeavors and that she had secured other women to work for her. However, he denied any actual participatory behavior within her prostitution related business. When questioned as to why the defendant felt deserving of a probation grant, he replied "I think that my involvement does not warrant incarceration. It involved no violence."

SOCIAL HISTORY

The following social history is as related by the defendant and is unverified unless otherwise noted.

A certified copy of the defendant's birth certificate indicates he was born on January 26, 1959 to the union of Albert Lazar and Phyllis Berliner (natural mother); however, the defendant reports he was born on January 26, 1959 in Coral Gables, Florida, to unknown parents and was subsequently adopted by Albert Lazar and the former Phyllis Berliner within the first few months of his life.

Adopted Father: Albert Lazar, age 60, is a retired self-employed business man who possesses no permanent residence.

Adopted Mother: Phyllis Lazar, age 57, is a retired executive secretary and maintains an unknown residence with her husband.

Carol Lazar (adopted sister), age 27, New Jersey; clothing designer.

Marsha Adams, age 36, 5-90 to present, common-law relationship, no children. Jackie Evans, age 24, 10-12-86 to 9-89, separated, no children. Carol Eslinger, deceased, 1980 to 1986, widower, no children.

Mr. Lazar was able to provide this department with the marriage certificate to Jackie Evans dated October 12, 1986; he was unable to provide any other documentation concerning his marital relationships.

Alcohol: The defendant acknowledges a "sip" of wine at age 13; currently, he considers himself to be a "nondrinker".

Controlled Substances: The defendant denied any usage, involvement, or sales with controlled substances.

8-76, high school graduate, Westbury, New York (verified).

1978, Bachelor of Science Degree in Physics and Electronic Technology, Pacific University (correspondence university).

1982, Masters of Science in Physics, MIT, Cambridge, Massachusetts.

1985, Masters of Science in Electronic Technology, Cal Tech, California.

The defendant was able to supply this department with a high school graduation certificate dated August 30, 1976 from W. Tresper Clark High School, East Meadow School District #3, Westbury, New York. However, he was unable to supply any documentation concerning his undergraduate degrees or subsequent masters degrees. Significantly, during the interview conducted on July 11, 1990, the defendant was evasive in supplying any types of dates concerning his educational background.

1987 to present: 1029 James Lovell, Las Vegas, Nevada.

ECONOMIC STATUS

Mr. Lazar maintains that he has been self-employed, owning/operating various businesses:

United Nuclear Corporation, a research/design/repair/developmental company whose current primary product is nuclear radiation detection equipment and possessing contracts with the Los Alamos National Laboratories expiring on January 3, 1991, and January 25, 1991; rebuilding Alpha Radiation probes at $40 each.

Jet Processing, a retail photo processing business currently operating.

Studio West, a retail photo processing business operating in Los Alamos, New Mexico.

Lazar Energy Systems, a research and developmental company currently operating under the name of United Nuclear Corporation.*

"Red Light Racing" - Ground Zero Jet Dragster, defendant owner/driver of exhibition jet dragster with permit to exceed 280 miles per hour.

Zeta Reticuli 2 Incorporated, a defunct developmental/production company producing various inventions concerned with energy direction (beam weapon) and associated products (significantly, documents furnished by the defendant to this department reflected that he was the executive vice president of the corporation, as well as, a contracted engineer for $30,000 a year reimbursement for development).

Additionally, the defendant reported that he was employed from December 1988 until April of 1989 by Naval Intelligence within the Nevada Test Site performing various duties and/or positions concerning national security.

Mr. Lazar maintains that he has marketable job skills as a nuclear weapons designer, research and developmental chemist and biologist, various positions within the research of the electronics industry, welder, and jet car racer.

Expenses: The defendant listed monthly living expenses totaling $2,950 (mortgage payment $850, utilities $200, food/clothing $500, automobile expenses $300, credit card payments $300, and payment to ex-wife for corporate buy out $800); he listed a monthly income ranging from $5,100 to $5,200 (United Nuclear Corporation $2,200 and Jet Processing $2,900 to $3,000). Additionally, he reported earning $2,500 per month from Zeta Reticuli 2; however, as the company became defunct in January of this year, he has realized no income from them since that time. Furthermore, the defendant has secured no profits from his involvement within Red Light Racing this year.

Assets: Mr. Lazar listed a jet powered race car valued at $100,000, the residence located at 1029 James Lovell valued at $80,000, photography equipment valued at $50,000, miscellaneous furnishings valued at $40,000, and a 1980 Datsun 280ZX valued at $4,000 as his assets; his liabilities included a $73,000 mortgage on the residence located 1029 James Lovell, $10,000 to his estranged wife to purchase her portion of a shared corporation, $1,200 to Master Charge, $400 to Mervyns, and $200 to Chevron Oil Company.

PLACEMENT PROGRAM

Should the defendant be granted a period of community supervision, he will remain in residence at 1029 James Lovell in Las Vegas, and continue his involvement within United Nuclear Corporation and Jet Processing. Additionally, his future goals include the purchasing of the now defunct Zeta Reticuli 2 business. It should be noted, that the defendant maintained that his involvement within these various businesses would include extensive travel within the continental United States and possibly outside countries. As of March 13, 1990, the defendant possesses a valid United States passport with no expiration date denoted.

EVALUATION

Before the Court for rendition of sentence is the defendant, Robert Lazar, who has entered a plea of guilty to the felony offense of Pandering.

The instant offense occurred when the defendant engaged a 46-year old female prostitute to utilize the apartment adjacent to her residence as a brothel. Significantly, the defendant installed concealed video and audio surveillance equipment within the apartment, set up and maintained computer generated records concerning the financial transactions of the brothel, and involved himself within the actual hiring process of prospective employees within the brothel. Furthermore, the defendant utilized his expertise with computers and programming to access confidential Department of Motor Vehicle records concerning license plates of vehicles utilized by the Las Vegas Metropolitan Police Department.

Mr. Lazar maintains that he is a 31-year old academically advanced man who possesses various marketable job skills dealing with defensive weaponry for our nation; however, his employment history is unverifiable. Additionally, he maintains that he has never possessed an abusive relationship with alcohol or controlled substances. His residential pattern appears stable and he possesses no local familial support. While he reports two marriages and a current common-law relationship, he has not fathered any children. The instant offense is his only known negative contact with the criminal justice system.

This defendant's prior life history presents a particularly unusual problem for this department. While it is the department's belief that Mr. Lazar is an academically advanced person who could have been employed within our nation's defensive weaponry industry in highly sensitive endeavors, his utilization of his education and acquired skills to exploit women for profit cannot be excused. It is also the contention of this department that the defendant is no more than an intelligent con man who has totally fictionalized his prior academic and employment history to further his own interests.

It is apparent that Mr. Lazar possesses the ability to physically evade supervision by this department and possibly leave the confines of this country; as such, a grant of community supervision for this defendant would be a calculated risk. Furthermore, the sophistication of the circumstances of this offense coupled with the defendant's refusal to assume responsibility and/or culpability for his actions within the instant offense aggravate his situation. The department is aware that Mr. Lazar appears to possess no prior negative contacts within the criminal justice system and that the instant offense did not include physical violence and/or the utilization of stereotypic "pimp-like" behavior; however, the lack of verifiable information regarding this defendant and his motivation leads the Department of Parole and Probation to the conclusion that further evaluation is necessary and appropriate. Therefore, the following recommendation is respectfully submitted for the Court's consideration.

RECOMMENDATION

It is the recommendation of the Department of Parole and Probation that the defendant, ROBERT LAZAR, in accordance with NRS Chapter 176, be committed to the Director of Prisons for an evaluation period not to exceed 120 days, during which time a more complete evaluation under close supervision can be made.

APPROVED

DEFENDANT'S STATEMENT

Write your own version of the circumstances of the offense, why you committed the crime, your feelings about your present situation and the reasons you should be granted probation, if law permits, for this offense.

IN MID. 1989, MY WIFE LEFT ME FOR ANOTHER MAN. I AM NOW IN THE PROCESS OF COMPLETING MY DIVORCE FROM HER. IN MID 1989 MY PHONE WAS BEING ELECTRONICALLY MONITORED BY FEDERAL AGENTS DUE TO MY JOB WITH THE FEDERAL GOVERNMENT, WHICH REQUIRED TOP SECRET CLEARANCE. FEDERAL AGENTS SHOWED ME TRANSCRIPTS OF MY WIFE SPEAKING WITH HER BOYFRIEND AND INFORMED ME THAT MY TOP SECRET CLEARANCE WAS BEING REJECTED DUE TO MY POTENTIAL EMOTIONAL INSTABILITY FROM MY WIFE'S ACTIONS. WITHIN A 30 DAY PERIOD I LOST MY WIFE + THE MOST IMPORTANT SCIENTIFIC JOB OF MY LIFE. I WAS EMOTIONALLY DISRAUGHT. I SOUGHT SOME COMPANIONSHIP WITH A WOMAN VIA AN AD IN THE NEWSPAPER. WE BECAME FRIENDS AND I MODERNIZED AND EXPANDED HER BROTHEL BUSINESS WITH ELECTRONIC EQUIPMENT, ETC. I PROVIDED MY INVOLVEMENT IN A TELEVISION INTERVIEW AND SHE WAS ARRESTED + CONFIRMED MY INVOLVEMENT WITH THE POLICE. ALTHOUGH I FEEL MY INVOLVEMENT HAS BEEN EXAGGERATED IN THE PRESS + ON TELEVISION, I WAS INVOLVED AND FEEL NO GUILTY TO THE OFFENSE. I REALIZE THAT EVEN THOUGH THERE WERE EXTENUATING CIRCUMSTANCES, EMOTIONAL INSTABILITY AND IGNORANCE OF THE LAW ARE NOT VALID EXCUSES FOR MY IRRESPONSIBLE ACTIONS. I WAS AN UPSTANDING CITIZEN FOR 31 YEARS BEFORE MY MISTAKES, + THE FINANCIAL + EMOTIONAL PRICES I HAVE PAID FOR THIS MENTAL Lapse HAS HEAVILY IMPRINTED IN MY MIND. I FEEL THAT IF GIVEN A CHANCE, I CAN CO-HABIT WITH THE CITIZENS OF DATE CLARK COUNTY AND SUBSTANTIAL CONTRIBUTION TO SOCIETY, NOT A (155.10) DEVIATION TO IT.