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Judge sentences attorney Page to probation, fine

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SOUTH BEND—Attorney and real estate developer Paul J. Page will serve two years of probation and pay a $10,000 fine for concealing the source of a $362,000 down payment on his purchase of a state-leased office building in Elkhart.

U.S. District Court Judge Robert Miller Jr. issued the sentence at a Monday morning hearing in South Bend.

Federal prosecutors had argued Page, 49, should serve a 14-month prison sentence for a wire fraud count. Page pleaded guilty in January before the government tried co-defendants, John M. Bales and William E. Spencer, at an eight-day jury trial in February that ended in acquittal on all 13 counts for the pair.

The judge scoffed at the government's sentencing request for Page, noting the crime resulted in no losses to either the lender or the state. He said Page, a father of three without a criminal record, does not pose a danger of offending again.

Page spoke briefly during the hearing, after taking a few moments to compose himself.

"Hopefully a man is not defined by one action," he said, before turning away from the judge to thank a courtroom full of friends and family members.

Page declined to talk after the sentencing hearing, but his attorney Robert W. Hammerle described the ruling as "utter relief." Hammerle described the offense as an "isolated technical violation" that is actually quite common.

The judge seemed to agree, noting that he hadn't seen "many or any" cases with "less aggravating circumstances."

Prosecutors had argued in a sentencing memorandum that Page should be sentenced at the high end of guidelines, calling for a range of 8 to 14 months, since as an attorney he should have "known better" than to conceal the source of his down payment for the Elkhart building. The down payment came from Bales, who also brokered the lease deal with the state to use the building.

The government said the deal violated an agreement between Bales' firm, Venture Cos., and the state that barred the company from direct or indirect ownership of properties where state agencies leased space.

Hammerle noted that the state's Department of Child Services renewed its lease deal for the building since federal prosecutors filed their case against Bales, Page and Spencer, and are happy with the space.

Before issuing the sentence, Judge Miller said he determined the crime did not fit the sentencing guidelines established in Page's plea agreement. He removed a few sentencing enhancements from the calculation, resulting in a recommended prison sentence between zero and 6 months.

Still, the felony conviction means Page likely will lose his license to practice law. That would be up to the Indiana Supreme Court Disciplinary Commission.
 

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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