Investors can speak at Gearhart’s trial

May 29, 2015
Kelly Gearhart

Kelly Gearhart

Victims of the financial fraud of former North County developer Kelly Gearhart will have a chance to speak at his sentencing hearing on June 1 in Los Angeles.

Gearhart and James Miller, the former president of Hurst Financial, defrauded more than 1,200 investors of more than $100 million in an alleged Ponzi scheme. Gearhart bilked investors who put money into Central Coast real estate projects and then siphoned off the monies for other purposes.

Even though Gearhart defrauded hundreds of victims , the government based its case on several frauds including Gearhart’s largest, his Vista Del Hombre project in Paso Robles. As such, any investor in the Vista Del Hombre project will be permitted to address the court on Monday.

Gearhart recently requested a continuance for an evidentiary hearing. During an evidentiary hearing, the government would prove certain facts in support of the 135 months sentence it seeks and Gearhart would introduce evidence in support of the 57 months’ imprisonment sentence he seeks.

On Monday, federal prosecutors will argue over the number of Gearhart’s victims. Prosecutors contend Gearhart had over 250 victims while the probation department says there were only 17 victims. The probation department considered only investors Gearhart spoke directly with as victims.

The Court intends to proceed with the sentencing as scheduled on June 1 at 11 a.m. in courtroom 11 at the United States Courthouse at 312 N. Spring Street in Los Angeles. Then, the Court will decide whether to hold an evidentiary hearing, which would occur on June 29 at 1:30 p.m.

So, it is unclear whether the sentence will be pronounced on June 1 or June 29, though victims will be permitted to speak on June 1.


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Pelican1

Speak softly….but carry a BIG stick!


sbjcl

How long has this nonsense been going on? Steal 100 million and get 5 years? The judge should ignore probation, prosecutors and for sure Gearhart. His high priced lawyers have done a brilliant job with his stolen money. He deserves 25 to life.


hotdog

I beg to differ. I suggest life on the chain gang, and some time for his wife as well who knew about and benefitted from the crimes.


These are my generous feelings, my dark side would do more.


smile4thecamera

Mr. Gearhart’s financial fraud did not effect me directly, but I sure have been shaking my head over the years at how this whole thing has been delayed so many times. I hope he has to sell everything he has to try to repay his victims. I expect that living in Ohio on everyone elses dime has allowed him to live quite well since the cost of living back there is pretty low. I just think the guy is despicable.


kayaknut

Sorry to bust your bubble but you have to know Gearhart has million stashed away and hidden from officials and even if he goes away for a short time his family will be living off those millions and he will get to enjoy them when he gets out.


hotdog

IMPORTANT!!!!

You can fax your comments today in case you can’t go to the trial, which may be postponed again anyway.


Fax to (213) 534-7375

Attn: STEPHANIE YONEKURA


Stephanie is with the victim/witness program in the DOJ and they should make sure the judge reads our mail before sentencing. Send something in as soon as you can, let’s send a strong message. Let’s help gearhead burn in hell. Then miller.


scoopone

This case has been continued several times over several years….I wouldn’t be

surprised if Monday’s court date is continued again…a better explanation is “delayed by the defendant’s attorneys.” I hope those travelling to LA on Monday aren’t

disappointed again. This guy should get the MAXIMUM sentence, then get Miller to join

him in the ironbar hotel.


scoopone

This case has been continued several times over several years….I wouldn’t be

surprised if Monday’s court date is continued again…a better explanation is “delayed by the defendant’s attorneys.” I hope those travelling to LA on Monday aren’t

disappointed again. This guy should get the MAXIMUM sentence, then get Miller to join

him in the ironbar hotel.


SLO_Johnny

If he robbed 1/10th of this money from a bank he would serve 25 years, 300 months, minimum. It is ridiculous that these so called “white collar” criminals serve such limited sentences for such major frauds and conspiracies. He should be limited to earning minimum wage for the rest of his life and all the rest should go to his victims; no more expensive watches, no more expensive vacations, no more expensive cars, no more expensive houses, no more fancy dinners, no more expensive clothes.


achillesheal

The key word in your sentence is “robbed”. He didn’t rob anyone. He defrauded people. Robbery is a far worse crime than fraud as it involves force and/or fear. Criminal law 101.


justbeware

Ready for this to be settled, and for Mr. Gearhart to settle in to his well deserved new digs. Since when does the perp “seek” their own sentence?