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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. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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