Gag order sought in adoption case

The owners of a Wellsville-based adoption agency accused of running a baby-smuggling operation out of Samoa are asking a federal judge to impose a gag order on prosecutors and other government agencies associated with the case.

In a motion filed Monday, attorneys for Karen and Scott Banks, who own the Focus on Children agency, claim prosecutors have attacked the character of their clients, overstated their case against them and impacted their chance for an impartial jury.

The Bankses take issue with statements made at a press conference in February, when the U.S. Attorney's Office announced a 135-count indictment against the couple and five of their employees in the United States and Samoa.

"The statements label the defendants as 'lacking conscience,' 'arrogant,' 'greedy,' 'defiant,' and more," the motion states.

Attorneys Rebecca Hyde and Robert Hunt complain in their motion that media reports in the case have "targeted" their clients and "enlarged and exaggerated the charges" by only quoting government officials. The lawyers argue that placing a gag order is the only way to ensure an unbiased jury can be selected if the case goes to trial.

The group faces charges of visa fraud, conspiracy to commit alien smuggling and money laundering. Federal prosecutors claim Focus on Children misled birth parents in Samoa into signing away their parental rights and then told adoptive parents in the United States that the children were either abandoned or orphaned. Some of those adoptive parents then declared the children as abandoned on their adoption visa applications.

The agency is also accused of running a "nanny house" in Samoa where some children were temporarily housed in poor conditions.

Prosecutors reported that the agency facilitated around 80 adoptions out of Samoa. However, Hyde and Hunt say the grand jury rejected evidence of any wrongdoing in all but 37 of the adoptions.

Federal officials say they are working with birth parents in Samoa and adoptive parents in the United States to work out solutions. Some birth parents in Samoa have said that they want their children back, while other parents have agreed to let their children stay in the United States.

Brett Tolman, U.S. attorney for Utah, said his office is reviewing the motion and will file its response in court.