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The Thomas Hastert real estate fraud case will go to trial March 2, 2010 in Nevada County Superior Court.
That is, unless defense attorney Monica Lynch succeeds in a proposed motion to change the venue of the trial.
Hastert's trial was set eight months out because Lynch will be in trial through the end of the year. A pre-trial conference was set for 9 a.m. Aug. 7 and a trial readiness conference was set for Feb. 5.
At a hearing Thursday morning, Judge Robert Tamietti set the date after conferring with Lynch and California Deputy Attorney General Keith Lyon, who is prosecuting the $20 million real estate fraud and embezzlement case against the former Grass Valley loan broker.
The trial is estimated to take at least 31 days. Because Nevada County conducts trials just three days a week, the case is expected to last 11 weeks, should it remain local.
“The defense will be filing a motion for a change of venue,” Lynch said, asking for permission to appoint an expert on the matter.
She told Tamietti the expert first would review the “vast volumes and the content of the pretrial publicity.”
Lynch raised the possibility of hiring an outside entity to conduct a community survey to determine current prejudice regarding Hastert, but added that might not be necessary, given the “sheer numbers of alleged victims” in the county, which she numbered at more than 150.
“My client has represented thousands of clients in Nevada County, so there is a huge volume of jurors who may be predisposed one way or another,” she said.
Hastert is accused of taking $20 million from investors and using the funds to broker hard-money loans to borrowers seeking to build homes on property.
He allegedly is responsible for brokering and funding at least 270 hard-money loans in six Northern California counties between 2004 and 2007. He also allegedly set up fake investors called “straw people” to lead legitimate investors to believe the loans they were funding were secure.
In May, Hastert pleaded no contest to 62 counts of embezzlement, offering and selling unregistered and unqualified securities, and selling securities by means of false or incomplete communications. Lynch and Lyon had reached a plea bargain that would have given Hastert five years in state prison — though he in fact would have served about two and a half years, after discounts for time served and good behavior.
But June 25, Judge Sean Dowling rejected the plea agreement, instead offering a sentence of eight years and four months. Hastert chose not to accept that offer, sending the matter to trial.
Twenty-one counts of filing false instruments and embezzlement that had been dismissed in the plea bargain now are back on the table. Hastert could potentially face a sentence of 38 years and eight months in prison.
Hastert remains in county jail in lieu of $250,000 bail.
To contact Staff Writer Liz Kellar, e-mail lkellar@theunion.com or call 477-4229.
That is, unless defense attorney Monica Lynch succeeds in a proposed motion to change the venue of the trial.
Hastert's trial was set eight months out because Lynch will be in trial through the end of the year. A pre-trial conference was set for 9 a.m. Aug. 7 and a trial readiness conference was set for Feb. 5.
At a hearing Thursday morning, Judge Robert Tamietti set the date after conferring with Lynch and California Deputy Attorney General Keith Lyon, who is prosecuting the $20 million real estate fraud and embezzlement case against the former Grass Valley loan broker.
The trial is estimated to take at least 31 days. Because Nevada County conducts trials just three days a week, the case is expected to last 11 weeks, should it remain local.
“The defense will be filing a motion for a change of venue,” Lynch said, asking for permission to appoint an expert on the matter.
She told Tamietti the expert first would review the “vast volumes and the content of the pretrial publicity.”
Lynch raised the possibility of hiring an outside entity to conduct a community survey to determine current prejudice regarding Hastert, but added that might not be necessary, given the “sheer numbers of alleged victims” in the county, which she numbered at more than 150.
“My client has represented thousands of clients in Nevada County, so there is a huge volume of jurors who may be predisposed one way or another,” she said.
Hastert is accused of taking $20 million from investors and using the funds to broker hard-money loans to borrowers seeking to build homes on property.
He allegedly is responsible for brokering and funding at least 270 hard-money loans in six Northern California counties between 2004 and 2007. He also allegedly set up fake investors called “straw people” to lead legitimate investors to believe the loans they were funding were secure.
In May, Hastert pleaded no contest to 62 counts of embezzlement, offering and selling unregistered and unqualified securities, and selling securities by means of false or incomplete communications. Lynch and Lyon had reached a plea bargain that would have given Hastert five years in state prison — though he in fact would have served about two and a half years, after discounts for time served and good behavior.
But June 25, Judge Sean Dowling rejected the plea agreement, instead offering a sentence of eight years and four months. Hastert chose not to accept that offer, sending the matter to trial.
Twenty-one counts of filing false instruments and embezzlement that had been dismissed in the plea bargain now are back on the table. Hastert could potentially face a sentence of 38 years and eight months in prison.
Hastert remains in county jail in lieu of $250,000 bail.
To contact Staff Writer Liz Kellar, e-mail lkellar@theunion.com or call 477-4229.
