Six years ago Wesley Brown, a former pastor at Flagler Beach’s Calvary Chapel church, was sentenced to prison on 15 felony convictions for fraud, theft and swindles of church members. He got out of prison on June 3 to start a 22-year probation sentence. Now, Brown doesn’t want to pay restitution to one of his victims.
The court disagreed: Brown is beginning his probation with an additional $100,000 to repay, in addition to the $15,500 he has been ordered to repay previously.
David Lamos, Brown’s attorney, argued before Circuit Judge Terence Perkins this morning that when Brown was sentenced, only two restitution orders were signed–one for $10,000, one for $5,500. Brown is not disputing those. He is objecting to a third victim demanding restitution. He was not in court today.
Circuit Judge Dennis Craig had been the sentencing judge in 2017. “I will reserve restitution on the three other victims that require restitution,” Craig had said at the time, leaving it to the prosecution and the defense to determine amounts. Absent agreement, Craig said at the time, a hearing would be held. That’s the hearing that was held today.
Brown’s attorney was now arguing that Craig’s statement was “vague,” and that it did not “satisfy the requirement to enter an order of restitution at sentencing or within sixty (60) days thereafter,” he wrote in a motion opposing this morning’s hearing.
Lamos also argued that Craig’s order had specified that restitution would be paid in accordance with the orders attached to the sentencing order in 2017. “This Court is now without jurisdiction to determine restitution for any other person in this case. To do so would be an illegal modification of the defendant’s sentence,” Lamos argued.
“There’s no 60-day limit anywhere that I could find in the statutes,” Perkins told Lamos. “Ther’s no magic 60 days.”
Assistant State Attorney Jason Lewis, who had prosecuted the case in 2017, went further. He cited a Third District Court of Appeal case–from a district that has no jurisdiction over Flagler, Lamos objected–to say that the amount did not have to be specified at the time of sentencing. “because he is placed on probation, it is a condition of probation and the court has jurisdiction to at any time while that probation is ongoing to determine that amount,” Lewis said.
It would have been different had Brown been sentenced to prison without a term of probation following it. But probation gives the court jurisdiction on the terms of that probation for its entire duration. The judge could modify the terms of probation (if either side motioned to that effect), just as restitution terms may be modified, Perkins said.
“We do have a victim in this case who’s out a substantial amount of money,” Lewis said. “It should have been addressed back then. It wasn’t. Judge Craig was moving through a lot of stuff. And they were going to address it in another time and it didn’t get brought up.”
The victim was at the hearing by zoom. Lewis flashed pictures of the checks she’d written Brown back when he’d convinced her he’d invest the money in precious metals: one for $150,000, another for $50,000. “It’s great to know that you have entered this new year with a very valuable foundation for protection in the event of the currency crisis as well as a pick-up in the economy due to your favorable investments of precious metals and necessary commodities,” Brown had written the woman and her husband in January 2011.
“We met him at Life Coast Community Church right there on Matanzas, at church,” the woman testified today. “He was kind of like a cell leader at our church, kind of like, helped with off groups of the church have meetings and Bible studies at their house.”
She then described the way he groomed church members: “At first he was helping us to learn how to shoot guns, taking us to Palatka to go to the shooting range,” she said. “So we would go out to eat with him. So he befriended us first. And then he started talking about investing with him.” She added: “I trusted him. He was in our church and he just gained my trust. And I went in blindly, I guess.”
The jury had in fact reached a finding of fact with regards to that particular victim, and that she had been victimized between $20,000 and $100,000. The prosecution could not ask for more than that. Lewis asked for $100,000.
A deflated Lamos could not object. “The jury has spoken, the case was fully litigated and appealed,” he said. “I don’t really have any defenses of fact that I could interpose to a restitution order other than those that I’ve already raised.”
The judge reasserted his jurisdiction to impose restitution orders for victims who had not been compensated at the time of sentencing, and ordered Brown to pay the $100,000 during his probationary term, what would equate to $4,545 a year, or $379 a month.
Land of no turn signals says says
No shame on this crooks face.It doesn’t matter he’s not going to pay anyway.
Jimbo99 says
From $ 15 to 115K ? Sounds like he can’t pay back the $ 15K which is the real issue of the “doesn’t want to pay”. The restitution could be $ 1.5K, 15K, 115K, if his income is such that he can’t swing that payment, Taking on even more is not going to be any more payable restitution. He’d have to win the lottery and pay restitution from the proceeds. Is he even employed with a prison record that would produce an income that is anything more than $ 15/hour ? Pastor without a parish/clergy, where would he be employable with a prison record for embezzlement, fraud & abuse. Life is stacked against restitution orders in this case. I’d be kind of shocked if he could afford rent for an apartment & basic necessities bills, food & anything else that has doubled in price under Biden-Harris.
The dude says
Well of COURSE it’s Biden’s fault that this criminal is a criminal and won’t be able to pay his victims any restitution…
Why wouldn’t it be?
Sherry says
MAGA BINGO. . . . and, the WINNER is BENGHAZI! BENGHAZI! BENGHAZI!
David Schaefer says
What does Biden have to do with his case I say lock him up he is not going to pay anything Jimbo99.
dont say Ron says
I agree with all but the last sentence. Isnt the point of background checks to prevent people who commited crimes from getting decent employment? Dont forget they charge people for everyday they are in jail. I knew a guy that committed a crime spent a few years in jail and was billed like $20,ooo for his stay. He went back to jail for failure to pay as he struggled to find any job. Problem is if people with degrees and no record are struggling, you may be able to imagine how it is for these people. Poverty is basically criminalized here, go ask the people by the library oh thats right sheriff ran them out of there, now dispersed. Likely went to places that offer basic services like public transporation, or food banks.
Please help us understand how Biden-Harris control global inflation or is that just a faux news talking point? Last I checked a pandemic caused supply chain issues and a War was started by a major oil producer in which the west retailiated and said we dont want your oil increasing prices globally. Biden did release oil reserves to help combat that but ultimately OPEC sets the supply and price. Guess what happens when energy prices rise? Ill tell you price of all goods increases as everything today is based on cheap energy. Im not sure about you but I think the age of abundance is quickly ending. Im not a big Biden fan but if my options are Biden or Ron defascist its gonna be Biden every single day.
On a funny note ; have you ever heard of any minority person being charged with 65 felonies and not go to prison? Will be comical to see if the orange man ends up in an orange jumpsuit or if they prove critical race theory exists without even knowing it.
Atwp says
Jimbo99, I guess everything was perfect under Trump? O don’t forget the insurrection and the increase of hate groups. Wow even Republicans are bad for the country. Please man wake up and face reality, Republicans are worse than Democrats.
Wow says
This is why I would never go to a “non-denominational” church. You know why “pastors” want to start them? Because they don’t need a bit of education. And they can get donations
At least denominational churches require an education, Masters Degree or PHD. Otherwise you’re getting a pastor who probably took a week long course in “how to start your own church”.
Not saying that education prevents dirtbaggery but at least you know the person is committed to theology and not to lining his pocket.
jd says
I have been to many non denom churches. Those pastors have been to accredited bible colleges and have sound doctrine. Yes there area few mail order pastors, but most have had extensive theological training.
james durso says
I was not contacted about his release hearing and not offered restitution. He owes me big $$…Is there someone I can contact to see if I am eligible?
Joseph Barand says
He had tax exempt status and a Comic (Bible) Book, how could he not be successful. He tried to follow other charlatans like Pat Roberson, Billy Graham and a host of others Clowns. Wonder when the child abuse charges will be levied. I think he was a graduate of Trump University.
Geezer says
God and guns. “Be fruitful and pick up your brass.”