Ruling expected next week in Johnston art dealer case
6:08 PM Fri, Mar 27, 2009 | Permalink
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PROVIDENCE -- The prosecution claimed fraud. The defense portrayed it as a business dispute. Magistrate Judge Lincoln D. Almond said Friday that he will rule next week on whether to release Rocco P. DeSimone on bail pending trial on federal fraud charges. DeSimone's sentence for tax evasion expired March 21, but the Johnston art dealer has remained in custody while his plea for bail is argued in a mail fraud involving inventors who allege he falsely represented his ability to market their products. Richard K. Corley, DeSimone's lawyer, introduced the specter of "people with black belts in karate" who he said went to DeSimone's house while DeSimone was in federal prison and threatened his wife Gail. "They demanded $200,000 or they would go to the feds and blow the house up," Corley told Almond, adding that Gail DeSimone at the time was suffering from cancer. The defense lawyer said these were people that DeSimone knew through his ties with the martial arts world. He said they also were from a group of people who have filed a civil lawsuit against DeSimone in Superior Court seeking their money back. "This is a business dispute," Corley said. "Mr. DeSimone has filed counterclaims." "Most of what Mr. Corley has said is flat wrong," insisted Assistant U.S. Atty. Lee H. Vilker. "He is unable to comply with the condition that he will not commit any more crimes" while on bail, Vilker said. One of the elements in the new case against DeSimone is that, while on bail pending appeal of his tax conviction, he engaged in fraud that led to the new indictment. "He is charged with very serious offenses," Vilker said. "He defrauded 15 individuals out of more than $6 million. He has a strong incentive to flee." Vilker previously said that DeSimone could face up to 210 years in prison. Friday he said sentencing guidelines mean a possible sentence of 15 to 17 years. He said, "For a 56-year-old man, that's a strong incentive" to vanish. Furthermore, the assistant U.S. attorney said, "He has already fled." Vilker was referring to DeSimone's escape from a minimum-security lockup in New Jersey in March of last year. He surrendered three days later. He said a reconstruction of DeSimone's travels while on the lam showed his motive was "clearly ... to raise funds to further his escape." He said DeSimone "contacted individuals in Boston and New York." He added that he did not know whether DeSimone had been able to raise any money. "He was in a camp setting with less than one year to serve, but he escaped," Vilker said. "Given the chance, he will again." Almond told Vilker that part of the government's position was that if released on bail DeSimone "presents an economic danger to the community." "The government's position is that financial crimes are a danger to the community," Vilker responded. "His record doesn't jump out at me and say he's a serial committer of fraud," Almond replied. 
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