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At sentencing hearing for Dynus’ Carter
I’m in federal court right now. The sentencing hearing for former Dynus owner Orlando Carter is about to begin. Here is background from the story in today’s paper:
A federal judge may decide today, June 9, whether to side with federal prosecutors and sentence former Dynus Corp. owner Orlando Carter to more than 15 years behind bars.
Or maybe not. Carter’s defense attorneys are requesting another continuance in the trial, which will be considered today by U.S. District Judge Sandra Beckwith.
Carter was found guilty in August 2009 on 11 felony charges for his part in a scheme that cost two banks more than $10 million, caused his company’s 2005 collapse and ignited political scandal in Butler County.
“The defendant’s duplicity proved treacherous for everyone who trusted him,” wrote Assistant U.S. Attorney Jennifer Barry in a presentencing report arguing for Carter to get 188 months imprisonment.
“The 60 Dynus employees, who believed that Carter’s vision … was based on a legitimate business plan, lost their jobs because of the defendant’s unadulterated greed, which included a million dollar mansion, a Bengals suite at the 50-yard-line, luxury vehicles, luxury vacations, a luxury lifestyle,” Barry wrote.
While dipping into company coffers to fund his excesses, a jury found Carter played an active role in Dynus taking out $6.5 million in illicit loans from National City Bank in Butler County’s name — with help from local politicos — then using that fake deal to secure a line of credit with Fifth Third Bank.
He also had company employees make a fake W-2 to inflate his income so he could buy a $1.2 million Maineville mansion, and lied during bankruptcy proceedings.
Carter’s defense team filed for a delay in the sentencing Monday, June 7. They argue that there are unanswered questions that could affect his restitution. This includes whether Fifth Third Bank received any money from the sale of the Dynus building, worth $5 million in 2005.
“This motion … is not requested for delay, but for judicial economy and to aid this court in determining a sufficient but not greater than necessary sentence,” the motion reads.
Carter was the only one charged in the scandal to fight the charges. Former county auditor Kay Rogers, former company president Jim Smith and former employee Karin Verbruggen all pleaded guilty.
Verbruggen, the only one sentenced so far, was ordered to repay Fifth Third nearly $4.1 million, jointly with Carter and Smith.
Do you think 15 years is fair?
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