The Mercury News

Jury begins deliberati­on in `We Build the Wall' fraud case

- By Larry Neumeister

NEW YORK >> A prosecutor told jurors in closing arguments at a criminal trial Tuesday that there is overwhelmi­ng evidence that organizers of a “We Build the Wall” campaign to raise millions of dollars for a wall along the U.S. southern border defrauded investors by lying to them.

Assistant U.S. Attorney Robert Sobelman urged Manhattan federal court jurors to deliver guilty verdicts against the lone defendant: Timothy Shea.

“You will quickly see that the evidence is overwhelmi­ng,” the prosecutor said as he delivered a rebuttal after defense attorney John Meringolo told the jury that an acquittal was the only fair verdict.

Jurors deliberate­d for a short time late Tuesday without reaching a verdict. Their work resumes Wednesday morning.

Former presidenti­al adviser Steve Bannon was once a defendant in the case, but ex-President Donald Trump pardoned him as he left office last year. Two other defendants had pleaded guilty to charges and await sentencing.

As Meringolo had in his opening statement a week earlier, Meringolo insisted that a company prosecutor­s say was created to carry out a fraud — Ranch Property Management — was not the shell company the government claimed it was. And he said prosecutor­s were wrong to say his client didn't work.

“It wasn't a shell company. Tim worked,” he said.

Sobelman and Assistant U.S. Attorney Nicolas Roos in an earlier closing argument attacked the motives of Shea, who owns an energy drink company, Winning Energy, whose cans have featured a cartoon superhero image of Trump and claim to contain “12 oz. of liberal tears.”

They maintained that Shea, of Castle Rock, Colorado, and his former codefendan­ts siphoned money from the fund, which raised over $25 million from thousands of donors after it was created in late 2018.

“No one donates to a nonprofit thinking that the nonprofit is going to loan money to an energy drink company,” Sobelman said.

“They stole and looted from the organizati­on,” Roos said, citing hundreds of thousands of dollars that did not go to a stretch of several miles of wall that resulted from the fundraisin­g effort.

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