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Cedar Rapids Landlord Withdraws Guilty PleasBy Trish MehaffeyRelated Content
CEDAR RAPIDS - Landlord Robert Miell filed a motion Thursday in federal court to withdraw his guilty pleas for mail fraud and perjury based on ineffective counsel and the courts failure to inform him of penalties and restitution.
Miell, 55, pleaded guilty to 18 counts of mail fraud and two counts of perjury and was convicted by a jury of two counts of tax fraud in January 2009. The charges stem from fraudulently reporting more than $336,000 in storm damage on 145 properties to American Family Insurance. A defendant can withdraw a guilty plea before sentencing if the defendant can show a “fair and just reason” to the court, according to criminal procedure. The motion claims the court didn’t follow protocol to ensure Miell’s plea was knowing, intelligent and voluntary, and ineffective assistance of counsel. The court during the plea proceeding didn’t tell Miell he was facing a maximum penalty of 370 years in prison and a $5 million fine and the fact that the court has the authority to order restitution, according to the motion. The motion also claims Miell’s lawyer at the time, F. Montgomery Brown, of Des Moines, didn’t properly prepare and advise him and pressured Miell into pleading guilty. Miell’s sentencing on all the all 22 counts is set for June 7 in U.S. District Court. More Good Stuff |
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