The federal courthouse in Charlottesville. (Photo by Flickr user OZinOH)
A Richmond businessman awaiting sentencing for defrauding his rock star client has bought some extra time before finding out his fate.
A sentencing hearing that had been set for Monday for Getty Andrew Rothenberg, who pleaded guilty in July to fraudulently mishandling the personal finances of Dave Matthews Band member and Charlottesville resident Boyd Tinsley, was cancelled just before the Nov. 4 court date.
Rothenberg faces a maximum of 30 years in prison based on the charge of felony wire fraud that resulted from allegedly skimming money from Tinsley’s bank accounts. But federal prosecutors are looking for a range of 41 to 51 months in prison for Rothenberg, in addition to restitution to Tinsley of $2.7 million, according to a sentencing memorandum report filed last week. Three years of supervised release is also sought as part of Rothenberg’s punishment.
Boyd Tinsley (Photo by Flickr user Ryan Eilders)
Brian McGinn, a spokesman for the U.S. Attorney’s Office in Roanoke, said it was Rothenberg’s camp that sought a continuance of Monday’s sentencing hearing.
Tom Bondurant, a Roanoke attorney with Gentry Locke Rakes who is representing Rothenberg, said that a date for a new sentencing hearing has not been set but that the hearing could take place in December.
Rothenberg, who graduated from St. Christopher’s School and attended the University of Georgia, was charged in July in Charlottesville federal court and pled guilty that month. He has been cooperating with federal authorities, a move that could help him land a lower sentence that what federal guidelines call for.
Prosecutors say Tinsley’s loss as a result of the fraud is approximately $2.7 million, according to court records filed last week. The U.S. Attorney’s Office said in its filing that Rothenberg and Tinsley have agreed to restitution of $1.25 million, but it is bound to impose a restitution amount of $2.7 million.
The U.S. Attorney’s case charged that Rothenberg carried out the fraud largely between 2009 and 2012. The case states that Rothenberg, through his downtown Richmond firm the Getty Group, helped Tinsley with paying bills, conducting real estate investments and other ventures.
The trust between the two was such that Rothenberg was granted power of attorney over Tinsley’s affairs and had the ability to set up bank accounts in his name and handle the funds.
For his services to Tinsley, Rothenberg was initially paid $50,000 a year, according to court documents. That was eventually increased to $60,000.
Rothenberg would email Tinsley when his bills were coming due. Rothenberg’s scheme, according to the charges, involved using “padded” amounts and in some cases “made-up figures.” He would keep the extra money for himself, according to the case.
Tinsley asked that the court not give Rothenberg any prison time for the offense, as was stated at the hearing in July.
Rothenberg told the judge in July that he works in real estate in Richmond, although not in any licensed position.
The 41- to 51-month prison sentence is based on federal sentencing guidelines that factor in an offender’s criminal history and the level of the current offense.
The federal courthouse in Charlottesville. (Photo by Flickr user OZinOH)
A Richmond businessman awaiting sentencing for defrauding his rock star client has bought some extra time before finding out his fate.
A sentencing hearing that had been set for Monday for Getty Andrew Rothenberg, who pleaded guilty in July to fraudulently mishandling the personal finances of Dave Matthews Band member and Charlottesville resident Boyd Tinsley, was cancelled just before the Nov. 4 court date.
Rothenberg faces a maximum of 30 years in prison based on the charge of felony wire fraud that resulted from allegedly skimming money from Tinsley’s bank accounts. But federal prosecutors are looking for a range of 41 to 51 months in prison for Rothenberg, in addition to restitution to Tinsley of $2.7 million, according to a sentencing memorandum report filed last week. Three years of supervised release is also sought as part of Rothenberg’s punishment.
Boyd Tinsley (Photo by Flickr user Ryan Eilders)
Brian McGinn, a spokesman for the U.S. Attorney’s Office in Roanoke, said it was Rothenberg’s camp that sought a continuance of Monday’s sentencing hearing.
Tom Bondurant, a Roanoke attorney with Gentry Locke Rakes who is representing Rothenberg, said that a date for a new sentencing hearing has not been set but that the hearing could take place in December.
Rothenberg, who graduated from St. Christopher’s School and attended the University of Georgia, was charged in July in Charlottesville federal court and pled guilty that month. He has been cooperating with federal authorities, a move that could help him land a lower sentence that what federal guidelines call for.
Prosecutors say Tinsley’s loss as a result of the fraud is approximately $2.7 million, according to court records filed last week. The U.S. Attorney’s Office said in its filing that Rothenberg and Tinsley have agreed to restitution of $1.25 million, but it is bound to impose a restitution amount of $2.7 million.
The U.S. Attorney’s case charged that Rothenberg carried out the fraud largely between 2009 and 2012. The case states that Rothenberg, through his downtown Richmond firm the Getty Group, helped Tinsley with paying bills, conducting real estate investments and other ventures.
The trust between the two was such that Rothenberg was granted power of attorney over Tinsley’s affairs and had the ability to set up bank accounts in his name and handle the funds.
For his services to Tinsley, Rothenberg was initially paid $50,000 a year, according to court documents. That was eventually increased to $60,000.
Rothenberg would email Tinsley when his bills were coming due. Rothenberg’s scheme, according to the charges, involved using “padded” amounts and in some cases “made-up figures.” He would keep the extra money for himself, according to the case.
Tinsley asked that the court not give Rothenberg any prison time for the offense, as was stated at the hearing in July.
Rothenberg told the judge in July that he works in real estate in Richmond, although not in any licensed position.
The 41- to 51-month prison sentence is based on federal sentencing guidelines that factor in an offender’s criminal history and the level of the current offense.
Does anyone know the new court date?