Wednesday, October 13, 1999
Extra prison time is penalty for pension fib
BY BEN L. KAUFMAN
The Cincinnati Enquirer
Fooling a judge into waiving a fine is costing Jonathan P. Fries dearly.
The U.S. Court of Appeals for the 6th Circuit affirmed the additional prison term imposed on the former chairman of the F&C International flavor-maker in Woodlawn.
Twenty-four months was longer than recommended by federal sentencing guidelines for his lies, the court said on Friday, but “it was not plainly unreasonable or an abuse of discretion.”
Typically, the court said, the sentence would have been three to nine months with a statutory maximum of 36 months.
Mr. Fries, of Indian Hill, deceived probation officers and conned U.S. District Judge Sandra S. Beckwith into waiving a fine for two felonies.
At the time, he had a substantial pension that could have been tapped.
When he finishes serving his additional 24 months, he will begin three years of supervised release.
The case began in 1994 when Mr. Fries admitted mail fraud and illegally transporting hazardous waste. Mail fraud involved falsified sales data sent to a lender; the hazardous waste involved more than 300 barrels of chemicals at F&C's facility.
On Jan. 8, 1995, Judge Beckwith sentenced him to 15 months in federal prison, plus three years of supervised release, but she postponed a fine until his finances became clear.
Mr. Fries left prison on Oct. 10, 1995, and spent six months on supervised release starting April 10, 1996.
Based on information Mr. Fries provided to a probation officer, Judge Beckwith concluded on Feb. 4, 1997, he lacked means to pay a fine.
That was based on Mr. Fries' deceit, Probation Officer Lisa Egner later conclud ed. She brought her concerns to Judge Beckwith, who convened a hearing, revoked Mr. Fries' release and imposed the new prison term last November.
The judge said Mr. Fries violated his supervised release by delaying disclosure of a pension worth more than $170,000 and by failing to provide truthful monthly financial reports to the probation office.
Judge Beckwith said Mr. Fries' explanation — that he believed the income was his wife's because she was the pension's beneficiary — “lacks credibility.” Mr. Fries, in his mid-50s, “is a sophisticated businessman with a master's degree in business administration who was, at one time, the employee benefits administrator for a major corporation.”
Mr. Fries appealed but last week's 6th Circuit opinion found no reason to second-guess Judge Beckwith.
Tall Stacks whistles to life
Paddlewheeler captain becoming a nun
Tall Stacks visitors information
3 million-dollar gifts lift ballet campaign
Woman could face death in cabby's slaying
Autumn at 'the Edge'
Pumpkin crop thrived despite drought
Cider makers out on limb
City closer to bringing postal center to Bond Hill
Driver who caused death gets 20 years
Ex-school official sentenced in theft
Family's home struck by arsonist five times
Former school official sentenced
Jail possibility sparks motion to arm residents
Report adds to repairs for hotel
Woman fined $250 for fake call to 911
Book of essays uses great minds to expand yours
'Century of Images' proves the lasting value of photos
GET TO IT
Body by highway identified
Butler Co. offices make huge move to new building
Condos get city assist
Extra prison time is penalty for pension fib
Formula fight latest in HMO debate
Gift expands church's work
Glitch leaves Warren Co., other areas without 911
Groups unite to demand chemical firm concessions
Law for adult business may change
Mason buys land in housing suit
Mayor's letter, plan irk police officers
Rain lessens drought from extreme to severe
Schools could have option on uniforms
Sewer foes win access to records
TRISTATE DIGEST
