Albuquerque Journal

Trust fraud victim sentenced to prison for making threats

On pretrial release since his 2019 arrest, he has 60 days to surrender

- BY COLLEEN HEILD JOURNAL INVESTIGAT­IVE REPORTER

As one of the victims in the $6.8 million embezzleme­nt at the Desert State Life Management trust company in Albuquerqu­e, Andrew Graham hoped to find closure after former company CEO Paul Donisthorp­e was sent to prison for 12 years.

On Wednesday, Graham himself was sentenced to a stint in federal prison for threatenin­g to kill the very people trying to help him and some 75 other special needs and vulnerable former clients recoup their stolen money. His trust lost an estimated $100,000 in the scheme.

The targets of his threats: A top

state financial regulatory official and an Albuquerqu­e attorney hired by Graham’s family to file a class action lawsuit on behalf of victims.

Graham, 40, pleaded guilty earlier this year to the federal crime of threatenin­g interstate communicat­ions via emails, voicemail and phone calls transmitte­d from his home in Aspen, Colorado, in late 2018 and early 2019.

At sentencing in Albuquerqu­e, U.S. District Judge Kea W. Riggs rejected defense requests for no prison time and imposed a 15-month sentence to be followed by two years of supervised release.

Graham, who has been on pretrial release since his arrest in 2019, has 60 days to surrender.

Court records show Graham was found competent to stand trial after submission of a now-sealed psychiatri­c report. His defense recommenda­tions for sentencing were also sealed by the court.

But a U.S. Attorney’s Office’s recommenda­tion stated that Graham’s parents “set up a trust to benefit him and ensure the family resources were maintained judiciousl­y. Through no fault of Defendant’s, that trust money was stolen by Paul Donisthorp­e.”

Donisthorp­e, who comes from a prominent Republican family that included a state legislator and pollster, pleaded guilty to wire fraud and money laundering in the bilking of Desert State client investment accounts from at least 2009 to 2016. He was ordered to pay more than $6.8 million in restitutio­n.

Donisthorp­e spent client money on business ventures, mortgages for his home and a vacation home in Angel Fire, vehicles, credit card expenditur­es and IRS debts, federal records show.

The state uncovered the scheme through an audit of the nonprofit corporatio­n ordered in late 2016 by Christophe­r Moya, director of the financial institutio­ns division of the state Regulation and Licensing Department.

While the criminal prosecutio­n of Donisthorp­e proceeded, Moya’s agency and a legal team at Freedman, Boyd, Hollander, Urias and

Ward law firm filed legal actions to help recover money for the victims.

Those efforts met with limited success, the U.S. Attorney’s Office stated in a sentencing recommenda­tion.

“Frustrated, Defendant began to accuse those working to get the trust money back of being involved in some conspiracy to do the opposite,” the recommenda­tion stated. Graham threatened not only Moya, but also an attorney on his private legal team who is African American.

Graham’s phone calls to Moya started out “relatively normal, but escalated over time to include rambling and, later, accusation­s that financial institutio­n division personnel were somehow complicit in the Desert State fraud.”

Defendant “escalated … to sending very graphic pictures of people who had been killed violently, which FID personnel took as an implied threat of violence,” the U.S. Attorney’s Office wrote.

The sentencing hearing was supposed to be broadcast online, but because of technical difficulti­es, was not. Graham’s defense attorney couldn’t be reached on Wednesday.

In its filing, the U.S. Attorney’s Office disputed what it said were Graham’s defense assertions that his threats were “jokes, rhetorical flourishes, or otherwise unserious.”

According to federal prosecutor­s, Graham sent an email to Moya on Dec. 21, 2018, that stated in part, “If this continues I will come down there and start killing people … Chris Moya … I will hunt you down and kill you if you continue to willingly participat­e in this fraud.”

Graham also showed up at Moya’s office under the guise of having an appointmen­t and was threatenin­g enough to convince Moya to implement new security procedures to protect his staff.

“Defendant’s purpose in issuing his threats was clear: He wanted the money stolen from his trust returned to that trust so it could benefit him as his parents originally intended. His threats were each designed to produce conduct that Defendant preferred — he wanted FID to achieve greater success in recovering his trust’s money and he wanted the private legal team to be staffed only with white attorneys (because he subjective­ly believed that would make it more successful somehow),” the U.S. Attorney’s Office stated.

Before U.S. District Judge James Browning sentenced Donisthorp­e in February 2019, Graham wrote the judge a letter lamenting the innocent victims of the scheme, describing them as “Our citizens that have no voice.”

He wrote that he hoped for “closure to what has been years of trauma” and urged the state of New Mexico and Congress to “set a gold standard for oversight of financial institutio­ns that repeatedly fail to police themselves.”

Moya’s agency, as receiver of the now-closed company, told the Journal on Wednesday that it has found few assets of Donisthorp­e’s that could be liquidated for victim compensati­on. The Angel Fire home, for instance, was heavily mortgaged.

Desert Life had insurance policies that could potentiall­y pay victims’ claims. But two insurers are seeking declarator­y judgments that could result in those companies not being required to provide coverage. A third has issued a preliminar­y letter indicating that the identified claims aren’t covered, Moya’s agency told the Journal.

An update on the federal government’s efforts to recover funds for the payment of the criminal restitutio­n judgment against Donisthorp­e was not available on Wednesday.

“[DEFENDANT] ESCALATED … TO SENDING VERY GRAPHIC PICTURES OF PEOPLE WHO HAD BEEN KILLED VIOLENTLY, WHICH FID PERSONNEL TOOK AS AN IMPLIED THREAT OF VIOLENCE. US ATTORNEY’S OFFICE ”

Newspapers in English

Newspapers from United States