Sun Sentinel Palm Beach Edition
Convicted ‘psychic’ loses bid for new trial in $17M fraud case
A last-ditch effort by imprisoned “psychic” Rose Marks to get her convictions and punishment for fortunetelling fraud thrown out on appeal appears to be doomed.
Marks, 65, formerly of Fort Lauderdale, is serving 10 years in federal prison and owes more than $17.5 million in restitution to her former clients, including best-selling romance novelist Jude Deveraux.
Marks’ latest appeal focused on attacking her trial lawyer Fred Schwartz, of Boca Raton. She made several allegations of misconduct against him, including testifying that he talked her out of taking a plea offer that would have sent her to prison for half the amount of time she is serving.
Writing that her request was “wholly without merit,” U.S Magistrate Judge William Matthewman recommended that Marks’ appeal should be rejected.
“This is a case where [Marks] steadfastly refused to plead guilty and insisted upon a trial. Now that she has been convicted and sentenced, she is unhappy with her decision to proceed to trial,” the judge wrote, adding that this was not a reason to grant her appeal.
Marks made international news because of the bizarre details of the scam and because her main victim has a large following.
Jurors found her guilty of fraud and related charges in 2013 after hearing testimony that she, and other family members, took large amounts of cash and gold coins from victims. Victims testified they were told the money and other assets would be returned after various “cleansing” rituals had been performed on it. Prosecutors said the cash and valuables were never returned.
Judge Matthewman ruled that the evidence showed Schwartz repeatedly tried to get Marks to take a plea deal but she refused. The judge also found that Schwartz’s defense was more than legally adequate.
U.S. District Judge Kenneth Marra, the trial judge, will make the final decision in the coming weeks