Van Den Heuvel's attorney formally requests sentencing delay
Update: Federal prosecutors filed a statement opposing a delay.
"The defendant has not presented any grounds that warrant a delay in sentencing. The defendant has had the discovery in this case for a substantial time , and the Presentence Investigation Report has been circulated in the usual course. The public interest in the efficient administration of justice therefore counsels in favor of moving ahead to sentencing as planned on January 5, 2018."
The judge has not ruled on the motion.
GREEN BAY (WLUK) -- Two weeks after a convicted businessman wrote a judge asking for his sentencing to be delayed -- which was rejected because his attorney didn’t file the motion -- Ron Van Den Heuvel’s attorney has now made the same request.
Van Den Heuvel is scheduled to be sentenced Jan. 5 after pleading guilty to conspiracy to commit bank fraud in connection with a loan for his business, Green Box.
Two weeks ago, Van Den Heuvel personally wrote Judge William Griesbach, claiming there was new evidence proving a “witch hunt” by prosecutors. It was rejected, as the court noted “motions should be filed through counsel.”
In the motion filed Wednesday, defense attorney Robert LeBell says “There are matters which are currently being reviewed by the defendant which may have impact on the disposition of this matter. As such, the defendant respectfully requests that the court afford that time to effectuate the review. It is therefore requested that the matter be adjourned for a relatively short period of time after January 5, 2018.”
LeBell’s motion does not delineate or repeat the specific claims Van Den Heuvel made in his letter, however.
Federal prosecutors have not responded to the request.
Van Den Heuvel pleaded guilty to bank fraud Oct. 10, for illegally arranging a loan from Horicon Bank. At that hearing, however, he repeatedly said there was no intent to commit any crime. Van Den Heuvel was also admonished by Judge Griesbach at one point, who told Van Den Heuvel that if the guilty plea was accepted, he couldn’t later argue he was innocent. Van Den Heuvel faces up to five years in federal prison and a $250,000 fine. Van Den Heuvel also agreed to pay restitution of $316,445.79.
He also faces prosecution in a second case, which is still pending. A scheduling conference will be held March 16. In that case, prosecutors allege Van Den Heuvel raised more than $9 million from investors, including the Wisconsin Economic Development Corp., for his company, Green Box, but used some of the money on personal items, including a car and Packers tickets. If convicted of all 14 counts, he faces up 240 years in prison and more than $2.5 million in fines.