By James McNair
The Cincinnati Enquirer

DOWNTOWN - Home builder turned bank swindler Bill Erpenbeck pleaded guilty to one count of federal witness-tampering Monday, setting the stage for a sentencing showdown Thursday that could send him to prison for up to 60 years.

Erpenbeck, 43, and his father, Tony Erpenbeck, 69, accepted a plea bargain that pinned each of them with a conviction for conspiracy to obstruct justice. In exchange, federal prosecutors dropped four obstruction counts. All of the charges stemmed from their attempt to steer the testimony of Bill's sister, Lori Erpenbeck, before a court hearing Feb. 6.

The two men face a maximum punishment of 30 years in prison, a $250,000 fine and five years of supervised probation on the conspiracy conviction, which was approved Monday by U.S. District Judge S. Arthur Spiegel.

But because Bill Erpenbeck had already pleaded guilty to defrauding banks and home buyers out of $33.9 million in a three-year check-kiting scheme, he will be sentenced for that and the obstruction charge Thursday. He faces up to 30 years in prison for each conviction, and a federal prosecutor said Monday's plea bargain agreement does not assure Erpenbeck of serving his prison terms concurrently.

After the hearing, defense lawyer Glenn Whitaker declined to answer questions about Bill Erpenbeck's guilty plea, which came only five weeks after his indictment - and on the eve of a fraud sentencing hearing originally scheduled to take place Monday. Erpenbeck and Assistant U.S. Attorney Kathleen Brinkman told Spiegel that no deal for leniency was made in reaching the plea.

"No promise has been made to the defendant that he will receive probation or a lighter sentence in this case or in" the bank fraud case, Brinkman said in open court.

Erpenbeck's obstruction conviction could lengthen his bank fraud sentence. The U.S. Probation Office has recommended a sentence of about 17 to 21 years in the bank fraud case. Brinkman said the obstruction plea may result in an "upward adjustment" of the bank fraud sentence. That, she said, will be up to the judge.

The Erpenbecks' remarks in court Monday were limited to terse replies to routine procedural questions from Spiegel. The two men, who wore black-and-white striped prison uniforms, were taken back to jail, where they are being held without bond.

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E-mail jmcnair@enquirer.com