Checks-counterfeiter off to prison for second time

A man who was released from federal prison in 2018 after serving six years for passing counterfeit checks was sentenced to another 4½ years Tuesday for passing counterfeit checks in 2018 and for violating the conditions of his supervised release from his earlier conviction.

Michael James Longoria was released from prison in July 2018, and according to court records, began passing counterfeit checks within two months of his release.

He appeared Tuesday before Chief U.S. District Judge D. Price Marshall Jr. for a simultaneous sentencing hearing on the new indictment and a release-revocation hearing after the government submitted a petition to revoke his release related to his 2012 conviction.

According to court records, in 2012, Longoria pleaded guilty before U.S. District Judge Susan Webber Wright to one count of possessing counterfeit securities, in exchange for prosecutors agreeing to drop eight additional counts, all totaling nearly $25,000. In December 2018, Longoria was indicted on 11 counts of uttered counterfeit securities-personal checks, totaling nearly $7,000 between Aug. 27, 2018, and Oct. 26, 2018. Court records indicate that he was released from prison on his previous conviction July 2, 2018.

On Nov. 15, 2018, federal authorities filed a revocation petition with the court, alleging that Longoria had violated his release conditions by taking almost $3,900 from petty cash and bank deposits from his employer between Aug. 5 and Aug. 25, 2018, and writing another $9,916.73 in counterfeit checks to various businesses in Central Arkansas between Oct. 29 and Nov. 1, 2018.

Marshall sentenced Longoria to 30 months in prison on a plea agreement in which Longoria pleaded guilty to a single count of uttered counterfeit securities in exchange for the remaining 10 counts being dismissed. Marshall also sentenced Longoria to 24 months in prison for violations of his supervised release, with the sentence to run concurrent with the 30-month sentence he had just imposed.

Marshall also ordered Longoria to pay restitution to all of the multiple victims he had defrauded based on the indictment from 2018 and an indictment from 2011.

The sentence was the result of a joint agreement between Longoria and his attorney Darrell Brown Jr. of Little Rock, and Assistant U.S. Attorney Jana Harris.

Longoria, shackled and wearing an orange jumpsuit from the Miller County jail in Texarkana, was escorted into the courtroom by a federal marshal and began reading through court documents as soon as he was seated.

Then Marshall explained the procedure being undertaken.

“When you get down to it, it’s a sentencing hearing, but we’ve got this oddity of the pending revocation as well,” Marshall said. “It’s really for me to decide with the lawyers’ help what’s the just and fair sentence under the law.”

In a lighter moment, when asked how his attorney had represented him, Longoria replied, “Exemplary.”

“That’s a good word,” Marshall said. “I’m sure he will write that down and sail on it for at least a week, maybe two, put it in his pocket and take it out from time to time when he has a hard day.”

According to Brown and Harris, an agreement had been reached whereby Longoria — described by Brown as a U.S. veteran suffering from post-traumatic stress disorder related to his service — would accept the maximum penalties for the most recent indictment and the revocation petition, totaling 30 months and 24 months, respectively, to be served consecutively, resulting in an overall sentence of 54 months in prison.

Harris pointed out that Longoria, who is 49 years old, has a criminal history dating back to 1989 that includes two previous federal convictions for counterfeit checks, in 2005 and again in 2012.

Regarding the newest charges, Harris said, “he only made it a matter of months before he committed new crimes.”

Longoria, who said he is 26 credit hours short of a master’s degree in theology — which he said he hopes to complete in prison — said he was remorseful for his actions.

“I understand that I cannot continue this behavior,” Longoria told Marshall.

The judge said he was encouraged by Longoria’s acceptance of his culpability but still disturbed by the similarities that connected his crimes.

“If you get out and go down that path again, it will not go well with you,” Marshall cautioned. “Good luck on that master’s degree. You are obviously a gifted and bright individual. … It’s not easy to do this thing you have done with checks multiple times. It takes some effort. I’m hopeful and I encourage you to turn that bright mind to good things when you get out. Ms. Harris has other things to do and other folks to chase around.”