Having had their plea deal rejected in January by a federal judge here, the defendants in a federal case involving work at a low-income housing project scheme have taken their case to the 10th Circuit Court of Appeals in Denver.Before rejecting the plea agreement, U.S. District Judge Joe Heaton ruled that he did not understand how the Norman-based property management company could be punished while the five individuals involved in the scheme would not face charges.
As previously reported, McSha is charged with wire fraud and money laundering after former company executives, including McSha president Steve Jones and partner Michael McClure, CEO Larry Shaver, CFO Pat Colbert and vice president of Tax Credit Construction Howard Michael Wampler, allegedly set up two shell companies to receive and distribute the proceeds in a scheme which operated between March 2003 and August 2006. The scheme netted almost $6 million, reports say.
In the plea agreement it was agreed that McSha would pay restitution to the government, including $1 million to be paid beginning in January, followed by four installment payments of $250,000 to begin this June. Payments of $2.1 million would begin after that for a grand total of more than $4.1 million in forfeiture and restitution. The company also agreed to pay a fine of $500,000.
Defense attorney Robert McCampbell said in the petition they filed this week with the appeals court they indicate they want the plea agreement -- achieved through a deal between McCampbell's team and federal prosecutors -- to be accepted.
"We filed the petition because we respectfully disagree with Judge Heaton's decision to reject the plea agreement. However, we will, of course, be bound by the court's decision."
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