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Tuesday, May 20, 2008

Fashion Rock LLC's Lou Pearlman's sentencing still on for Wednesday, judge says

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OrlandoSentinel.com

Pearlman's sentencing still on for Wednesday, judge says

Jim Leusner

Sentinel Staff Writer

May 20, 2008

A federal judge has refused to delay the sentencing of Orlando music executive Lou Pearlman, scheduled for Wednesday.

In a one-paragraph order issued Monday, Senior U.S. District Judge G. Kendall Sharp rejected a request by Pearlman's lawyers for more time to put a price tag on his crimes or to permit the music mogul to help in marketing his latest boy band, US5.

"After consideration, the Court finds that anything the Defendant has requested in his motion can be accomplished without continuing the sentencing," Sharp wrote. "Accordingly, Defendant's motion is DENIED."

Pearlman defense lawyer Fletcher Peacock sought a delay Friday so his team and prosecutors could determine the exact losses from Pearlman's investment and bank-fraud schemes during the past 25 years.

They also sought more time to review financial records turned over by the government last week.

In March, Pearlman, 53, pleaded guilty to conspiracy, money laundering-conspiracy and making a false bankruptcy claim.

Prosecutors calculate that his schemes generated more than $300 million and have requested a $200 million judgment against him.

Pearlman faces up to 25 years in prison and has promised to cooperate with prosecutors, the FBI and IRS agents in prosecutions of fellow conspirators and in helping locate and recover missing money.

Peacock would not comment on Sharp's ruling.

Earlier Monday, Assistant U.S. Attorney Roger Handberg filed an objection to Peacock's proposal, which included allowing Pearlman supervised access to a computer and telephone twice each week from the Orange County Jail to assist a court-appointed music expert who is helping bankruptcy trustees in evaluating and liquidating his assets.

Peacock also requested that Pearlman be allowed to help consult on the marketing and return of US5, a popular American band in Europe, to the United States -- a campaign with the potential of making millions of dollars for Pearlman debtors and victims.

Previous boy bands that Pearlman helped to develop, the Backstreet Boys and 'N Sync, were marketed overseas first before returning stateside to huge popularity.

Handberg wrote that he did not oppose a delay in the hearing but opposed any defense request to allow Pearlman to "conduct business while in custody."

He said jail officials also found the telephone and computer proposal to be "unworkable" and amounting to "special treatment."

"The Defendant is in jail," Handberg wrote. "He should be treated in the same manner as any other prisoner. Given that the Defendant was able to perpetrate the fraud schemes for which he has been convicted by using, among other things, the telephone and Internet, the Defendant has shown that he cannot be trusted with access to those means of communication."


Jim Leusner can be reached at jleusner@orlandosentinel.com or 407-420-5411.





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