A defense attorney is arguing that his client was poorly advised by his former attorney
A defense attorney is saying a former businessman currently serving prison time for a mortgage fraud scheme should have a retrial, according to a report from the Chattanooga Times Free Press.
Joshua Dobson of Kimball, Tenn., was sentenced in 2014 to 10 years in prison for mortgage fraud. He was originally sentenced to 12 to 15 years, but the sentence was reduced to 10 years.
Despite the reduction of Dobson’s sentence, Michael Richardson, a Chattanooga defense attorney, said his conviction should be invalidated and that he should have a new trial, because Chris Townley, Dobson’s attorney at that time, did not properly inform his client of the repercussions of rejecting a plea deal.
"At this time … Townley represented to Joshua Dobson that the government had made a plea offer … and he would be facing between two and four years in prison," said Richardson. "Dobson turned down that plea offer, but did so without knowing what his actual sentencing exposure would be, as his attorney did not advise him, at any time, that Dobson could possibly be facing in excess of 10 years."
On the other hand, federal prosecutor Perry Piper said the plea deal never happened in the first place.
Piper explained that Dobson was rather having a “buyer’s remorse” and didn’t pay attention to Townley, who in fact told him about the consequences of losing at trial.
Dobson was charged in 2012 along with Paul Glott III of Jasper, Tenn. in a mortgage fraud scheme that resulted in $45 million in losses involving victims across five states.
The overseeing judge, U.S. District Judge Curtis Collier, will release an opinion on the matter at a later date.
Related stories:
Mortgage fraudster on the lam after scamming $16 million from lenders
NY landlord indicted for $5 million mortgage fraud
Joshua Dobson of Kimball, Tenn., was sentenced in 2014 to 10 years in prison for mortgage fraud. He was originally sentenced to 12 to 15 years, but the sentence was reduced to 10 years.
Despite the reduction of Dobson’s sentence, Michael Richardson, a Chattanooga defense attorney, said his conviction should be invalidated and that he should have a new trial, because Chris Townley, Dobson’s attorney at that time, did not properly inform his client of the repercussions of rejecting a plea deal.
"At this time … Townley represented to Joshua Dobson that the government had made a plea offer … and he would be facing between two and four years in prison," said Richardson. "Dobson turned down that plea offer, but did so without knowing what his actual sentencing exposure would be, as his attorney did not advise him, at any time, that Dobson could possibly be facing in excess of 10 years."
On the other hand, federal prosecutor Perry Piper said the plea deal never happened in the first place.
Piper explained that Dobson was rather having a “buyer’s remorse” and didn’t pay attention to Townley, who in fact told him about the consequences of losing at trial.
Dobson was charged in 2012 along with Paul Glott III of Jasper, Tenn. in a mortgage fraud scheme that resulted in $45 million in losses involving victims across five states.
The overseeing judge, U.S. District Judge Curtis Collier, will release an opinion on the matter at a later date.
Related stories:
Mortgage fraudster on the lam after scamming $16 million from lenders
NY landlord indicted for $5 million mortgage fraud
