Judge to rule on John George $1.3 million forfeiture issue at a later date
The issue of a $1.3 million forfeiture, which John George, Jr., would have to pay to the federal government, will be ruled at a later date.
Judge Denise Casper heard deliberations from John George’s attorney, William Cintolo, and prosecutors representing the federal government on Thursday afternoon. The issue had been previously shelved at George’s sentencing on July 29 because Casper wanted to make a clear distinction between restitution and forfeiture.
In a document filed to the court regarding the forfeiture, the prosecution wrote that restitution and forfeiture serve distinct purposes and can be “imposed simultaneously.” The prosecution wrote that restitution focuses on the victim, while forfeiture is to punish the defendant.
The forfeiture payment, which would be paid to the federal government and total $1,382,214, would be in addition to the $688,772 in restitution to the Southeastern Regional Bus Company (SRTA) and a 70-month prison sentence starting on Sept. 23.
George, who owned the Union Street Bus Company in New Bedford, was convicted on charges that he embezzled money from the company, which operated under SRTA and was subsidized with taxpayer funds. The corruption charges were in relation to George using bus company workers for John George Farms on Slocum Road and boosting his salary in order to receive an increased pension.
According to the United States District Attorney’s Office, George “conspired with certain individuals to have various Union Street Bus Company employees work at the John George Farm during their assigned work hours.”
The farm work included plowing, loading produce and operating a produce stand at John George Farm, all during Union Street Bus Company business hours.
Assistant U.S. Attorney Veronica Lei said the court must enter a money judgment, requiring George to pay back money he obtained that could be traceable to the overall conspiracy.
Lei said that her team used a conservative estimate, looking only at “easily quantifiable numbers” like his management fees, not the proceeds from having Union Street Bus Company employees work on John George farm. She said that from 2006 to 2011, he received $1.3 million in management fees.
“Forfeiture should be based on management fees during the conspiracy,” said Assistant U.S. Attorney Ryan DiSantis, adding that George would not have received that amount had he not committed the crime.
Cintolo filed an appeal on George’s sentencing last week, and on Wednesday, he filed an opposition to the forfeiture. Cintolo argues that the prosecution failed to make an adequate connection between the management fees and the fraudulent acts.
Capser did not specify how much time she would require to make a ruling regarding the forfeiture issue.
Cintolo could not say whether or not George would lose the farm if he has to pay the forfeiture. He said that, because it’s the end of summer, Judge Casper may not make a ruling until September.