New Jersey deli scammer James Patten sentencing doc filed

Federal prosecutors are recommending a comparatively mild jail sentence for a person who pleaded responsible to securities fraud within the infamous $100 million New Jersey deli inventory manipulation case — and a few of their causes for doing so are hidden.

The U.S. Lawyer’s Workplace for New Jersey, in a brand new court docket submitting, conceded that the sentencing pointers counsel a jail time period between 70 and 87 months for the defendant, James Patten.

However the workplace is urging U.S. District Courtroom Choose Christine O’Hearn to ship the 65-year-old Patten to jail for a time period between 12 and 18 months when she sentences him in Camden on July 21. He is been free awaiting sentencing since he pleaded responsible in late 2023.

Prosecutors, in a model of that submission made public at CNBC’s request, cited federal prison legislation, which requires avoiding “unwarranted sentence disparities amongst defendants with related data who’ve been discovered responsible of comparable conduct.”

Prosecutors famous that the opposite males who beforehand pleaded responsible in the identical scheme, father-and-son Peter Coker Sr. and Peter Coker Jr., obtained jail phrases of six months and 40 months, respectively.

“A sentence extra extreme than his co-defendants’, significantly Coker, Sr.’s, could be unfair,” the U.S. Lawyer’s Workplace mentioned within the submitting.

Each Cokers have since served their sentences for the scheme, which artificially boosted the inventory worth of two thinly traded corporations to make them extra enticing candidates for reverse mergers.

One of many corporations, Hometown Worldwide, owned only one small, unprofitable deli in Paulsboro, New Jersey — Your Hometown Deli — which was run by Patten’s buddy, a highschool wrestling coach, who has not been accused of wrongdoing. Hometown’s market capitalization topped $100 million at one level.

The opposite firm whose shares have been manipulated within the scheme, E-Waste, had a good greater market cap in some unspecified time in the future, regardless of being nothing greater than a shell firm.

Three pages of the 11-page sentencing submission submitting by prosecutors are blacked out.

These pages clarify why prosecutors consider O’Hearn ought to grant the disgraced former stockbroker Patten a steep downward departure from advisory sentencing pointers.

Sentencing submissions usually are not public in New Jersey federal court docket except a request is made to make them public.

Courtroom guidelines say that earlier than a submission is made public, prosecutors and attorneys for the defendant shall confer to find out what “personal data ought to be redacted.”

“Presumptively Non-Public Info consists of” names of victims, witnesses, uncharged people and “data relating to cooperation by the defendant and others that was not beforehand disclosed,” the principles state.

It additionally consists of “delicate private data regarding the defendant” corresponding to medical and psychological reviews.

The character of the redacted personal data is just not revealed anyplace within the submitting that’s public.

One motive that prosecutors consider Patten deserves jail time is his prison report, in keeping with a public part of the submission.

The North Carolina resident was convicted of mail fraud in 2010 and sentenced to 27 months in jail.

“He was launched in 2012, roughly two years earlier than the start of this conspiracy,” prosecutors wrote. “A jail sentence is important as a result of his return to fraud so quickly after spending roughly two years in jail is troubling.”

CNBC has requested the U.S. Lawyer’s Workplace and Patten’s lawyer for touch upon the submission.

Whereas Hometown Worldwide and E-Waste have been later concerned in reverse mergers, traders misplaced what has been estimated to be practically $5 million, which included consulting charges paid to the Cokers and Patten, prosecutors famous of their submitting.

“Patten participated in a critical crime — a fraud scheme that resulted in losses of practically $5,000,000 and he performed an necessary function in that scheme,” prosecutors wrote in a bit of the submitting that’s public.

“However the Pointers account for that already, and the Courtroom ought to acknowledge that Patten was performing as an worker of Coker, Sr. and at his path,” the submitting mentioned.

The filings additionally mentioned that there are “at the very least two different potential defendants” who “will face no authorized penalties for his or her actions.”