Bart Reagor asks to maintain his release from prison during the appeal
Bart Reagor, the former CEO of Reagor-Dykes Auto Group who was convicted in October of fraudulently obtaining a $10 million loan, is asking a federal court to extend the time in which he is supposed to start serving his sentence of 14 years in prison.
A motion filed by Reagor’s attorney asks the court to allow his client to remain on bail until a judge at the United States Court of Appeals for the Fifth Circuit rules on his appeal.
The motion also cited Reagor’s appeal and health as the reason for extending the May 9 deadline that Judge Matthew Kacsmaryk set in March after handing down a 168-month prison sentence.
Reagor faces up to 30 years in prison after a federal jury in October found him guilty of making a false statement to a bank, finding he fraudulently obtained a $10 million business loan in 2017 for his car dealerships from the International Bank of Commerce, based in Oklahoma.
The verdict came after a week-long trial in which jurors heard from IBC chairman William Schonacher, who said he believed the $10 million loan would be used as working capital to RDAG. He said he would not have approved the loan if he had known that Reagor would use some of it for his own use.
Records show Reagor diverted approximately $1.76 million from the loan to his personal bank account and used it for personal expenses.
Reagor is appealing his conviction to the United States Court of Appeals for the Fifth Circuit, saying there was insufficient evidence to support his conviction. An opening brief on the appeal is due May 23 and Reagor’s attorney, John JE Markham, expects judges to act quickly.
Markham said he believes the issue he raised in Reagor’s appeal raises a substantive question of law that, if successful, would likely result in a new trial.
Markham also said Reagor, 56, who was diagnosed with Parkinson’s disease in 2020, needs a complex daily treatment regimen that involves the “complex timing of prescription drug doses at specific times, with meals at specific times to lessen any painful side effects, as well as sleep and exercise.”
In an affidavit filed with the motion, Reagor detailed the medications he must take, the diet he follows and the activities he does to manage his illness.
“I know I must face the music of the sentence this Court has given me if the judgment and sentence are upheld on appeal,” he wrote. “I only ask this Court to postpone my surrender date so that if the case is overturned, I will not have been in jail long enough for the treatment regimen I outline below to have been disrupted.”
Markham argued that Federal Bureau of Prisons staff would be unable to meet Reagor’s medical needs.
Meanwhile, federal prosecutors argued against the delay.
In their response to Reagor’s motion, prosecutors argue that the appeal raises similar issues in the motion Reagor filed at the district court level when he requested a new trial after his conviction, which the court said. rejected.
“The same evidence which caused this Court to dismiss Reagor’s motions for acquittal and new trial is the same evidence which – particularly given due deference – shows that Reagor’s sufficiency argument is not “substantial”,” the answer reads.
Prosecutors also argued that Reagor failed to prove that a federal medical center would be incapable of managing his illness.
“The government nevertheless observes that the Bureau of Prisons routinely manages the complex medical conditions of thousands of prisoners,” the response reads.
A hearing on the motion has not been scheduled.