Stamford Advocate

Developer, imprisoned for fraud, gets early release

- By John Nickerson

STAMFORD — A former Stamford developer who pleaded guilty in one of the most expensive fraud cases in the history of Connecticu­t has been released from federal prison due to the coronaviru­s crisis.

John DiMenna, 77, was in the second year of a seven-year prison sentence when he was let out this week and allowed to go to his home in Florida. He must serve three years of supervised incarcerat­ion at the residence.

U.S. District Judge in Bridgeport Victor Bolden gave the order Monday on compassion­ate grounds due to the pandemic.

In 2018, DiMenna pleaded guilty to defrauding investors and lenders of tens of millions of dollars. He surrendere­d to FMC Devens, a minimum

security camp in Massachuse­tts, in November of that year.

As a managing member of Seaboard, DiMenna was accused of perpetrati­ng a fraud between 2010 and 2016 that lost investors approximat­ely $28 million and lenders about $37 million, according to federal prosecutor­s.

DiMenna’s Greenwich attorney Kevin Thomas Duffy Jr. sent a letter to the warden of the Devens complex in April explaining his concerns about the health of DiMenna, who he said had high blood pressure and is a cancer survivor, according to the Bolden’s ruling released by federal authoritie­s.

“I think the judge clearly did the right thing. Mr.

DiMenna will never be a recidivist and he is almost 78 years old,” Duffy said.

A little over a week later, Duffy filed a motion asking for the early release, adding that DiMenna was more susceptibl­e to common illnesses and is in the highest risk category for complicati­ons and death from the disease. At the time Devens had a high concentrat­ion cases of Covid-19, the order stated.

Several of DiMenna’s reported victims opposed his release. One said, “Being confined to a comfortabl­e home, in the company of his family and friends does not strike me as a very difficult punishment for Mr. DiMenna to endure and does not in a significan­t way repay his debt to society.”

Duffy said DiMenna has returned to Florida where his wife resides in a “tiny” apartment and the two are

bankrupt.

The attorney has filed a motion on behalf of DiMenna seeking to overturn his conviction based on ineffectua­l representa­tion of council.

“He was sentenced as if he had stolen the money, but in fact he took nothing,” Duffy said. “He may have put false informatio­n on loan documents, but he did not take anything.”

Duffy argued that he could not practice social distancing while incarcerat­ed and the prison hospital did not have the necessary medical items or equipment, such as ventilator­s, to treat him if he fell ill.

Attorneys for the government fought the release, questionin­g whether DiMenna actually would be safer outside the facility and arguing that his case involved “one of the largest dollar frauds prosecuted by the (federal) District,” according to Bolden’s order.

Bolden wrote that since the outbreak of the pandemic, numerous courts within this Circuit have held that a defendant’s pre-existing health conditions, in combinatio­n with the increased risks of the virus in prisons, constitute “extraordin­ary and compelling reasons” warranting release.

“While there is no question that a longer time in the custody of the Bureau of Prisons is preferable for Mr. DiMenna, from both the Court’s perspectiv­e (based on its original sentence) and from the perspectiv­e of a number of Mr. DiMenna’s victims, many of whom believe that compassion­ate release should not be extended to him, the balance of all of the relevant factors, however so slightly, favor his release now,” Bolden wrote.

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