James Fry, one of the chief sources of funding for the Ponzi scheme engineered by Tom Petters, is scheduled to be sentenced Wednesday and faces a possible prison term of 30 years or more.
However, the attorney for the Mound hedge fund manager contends that his client should receive a sentence of no more than six years based on the sentences given to others in the largest financial fraud in Minnesota history.
"Jim Fry was not a core member of the Petters fraud," wrote defense attorney Joe Friedberg in a sentencing memo to U.S. District Judge Richard Kyle. "He was convicted of what he did. He lied to investors about several components of their investments. … Both the government and the defense seem to agree that Mr. Fry was not aware of the Ponzi scheme."
But federal prosecutors have argued for a 25-year sentence for Fry, which would be the second-longest meted out among defendants in the Petters case.
"Fry had choices. Fry made the wrong choices. In short, Fry's greed trumped the truth," wrote prosecutors at the U.S. attorney's office in Minnesota.
Fry was found guilty in June of 12 counts of fraud and making false statements to the Securities and Exchange Commission.
A federal jury convicted Fry on charges that he misled his clients about the nature of investments they were making in a company owned by Petters, including failure to tell them that an ex-convict, Frank Vennes Jr., was involved in the Petters relationship and that returns on investments were not coming from retailers as promised but were coming from a Petters-owned company.
The Petters scheme collapsed in 2008 and investors in Fry's Arrowhead funds lost $120 million.