June 26, 2003, 4:19PM
Judge orders former attorney general to remain in
jailAssociated Press
AUSTIN - Former Texas Attorney General Dan Morales was ordered to
remain in jail while awaiting trial on federal fraud charges after a
judge determined today that he may have lied on two recent car loan
applications and was a risk to commit financial crimes.
"This is beyond stupidity," U.S. District Judge Sam Sparks said
from the bench. "It appears he has committed a federal crime."
Morales spent Wednesday night in the Travis County Jail after
prosecutors said he gave conflicting information on the car
applications and sworn financial statements when he asked the court
to appoint a public defender. He had previously been free on a
personal recognizance bond.
Morales, 47, entered Sparks' courtroom in handcuffs and escorted
by federal marshals. He did not speak during the hearing.
Assistant U.S. Attorney Jim Blankinship said that because of
massive credit, mortgage and car loan debt, Morales was a risk to
either flee from prosecution or commit financial fraud to cover his
debts.
"You just have to wonder what is he going to do to live?"
Blankinship said. "He can't do anything but commit a crime and carry
on the way he's carrying on."
Morales' court-appointed attorney, William Ibbotson, said Morales
had legal options to pursue, such a declaring bankruptcy. He said
Morales should remain free on bond to help prepare his defense in
his Oct. 7 trial.
Sparks, however, agreed with prosecutors. "He stays in jail," the
judge said.
Morales has pleaded innocent to charges that he and Marc Murr, a
friend, tried to obtain hundreds of millions of dollars in legal
fees for Murr resulting from the state's $17.3 billion settlement
with the tobacco industry in 1998. He also is charged with diverting
political contributions for personal use, including the purchase of
a $1 million home.
Morales faces prison terms of five to 30 years on each count of
the original 12-count indictment if convicted. U.S. Attorney's
Office spokeswoman Shana Jones refused to comment on whether
prosecutors would file additional charges.
Sparks appointed the public defender to Morales' case after
Morales submitted a financial statement to the court that showed he
had almost $1 million in assets and about $925,000 in debts.
Prosecutors moved to have him jailed after he submitted the two
loan applications for a Lexus and a Mercedes; one claimed income of
$20,000, the other $20,800 a month. He listed his occupation as a
lawyer, although he had allowed his law license to lapse.
Robert Hightower, the FBI agent leading the investigation into
the federal charges against Morales, said investigators have found
no evidence that the Harvard educated-Morales has had any income
since October 2001. Credit reports through May 1 showed Morales had
$163,715 in credit card debt.
Morales' minimum monthly payments to satisfy house, car and
credit card debts are about $10,615, Hightower said. Morales'
payments were up to date through the May 1 report.
Morales' attorneys gave no indication how Morales was able to
make the payments while not holding a job.
The judge said he was particularly troubled that Morales would
ask for a court-appointed attorney, paid for by taxpayers, and then
buy the two cars, taking on an additional $1,600 a month in debt.
"I don't find Mr. Morales credible," Sparks said.
The financial statement Morales filed in April listed Morales as
self-employed with $10,000 in a bank account. He listed his home
value at $950,000. A 1999 automobile was valued at $15,000 and a
1996 boat was valued at $10,000.
Morales was elected attorney general in 1990 and was re-elected
to a second term in 1994. He chose not to run for re-election in
1998. He ran last year for the Democratic nomination for Texas
governor, but lost the primary to multimillionaire Tony Sanchez.
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