Fotis was desperate. He was on his last leg financially and his 'career' was about to be toast. He held his kids out as his golden ticket to the Farber fortune. I don't put him in the same boat as Washe because he still had his mommy and her money. IMO Anna finally figured out who she married and it was a con man.
Long before BW murdered his wife, I followed his 2016 Art theft/fraud case-- prosecuted in federal court (AA dated 5/8/18).
I've long said that nobody was exempt from being the subject of BW's skill set of a true con artist. He told Ana he would never do prison time for his art fraud, and the Court initially gave him a "non-imprisonment" sentence! IMO, BW had everybody eating out of his hand-- including the Court!
On 4/1/21, BW's Attorney (Tracy Miner) negotiated a sweet plea agreement for him. Specific to sentencing, the US Attorney agreed to make the following recommendations to the Court:
- incarceration at the low end of the Guidelines sentencing range, as calculated by
the parties;
- 36 months of supervised release;
- Pay a fine.
- restitution of $195,000, two Shadow Paintings by Andy Warhol bearing Warhol
Foundation Nos. PA65.049 and PA65.032, and one Dollar Sign by Andy
Warhol; and
forfeiture as set forth.... [Govt was holding $75K cash bond, and $225,000 is subject to forfeiture on the grounds that it is equal to the amount of proceeds the defendant derived from his (fraudulent sale) offense, and the amount of money involved in the Defendant's offense. BW proposed that the government apply these monies towards his restitution, and that he not have to pay the money twice].
One of the problems for a defendant like BW is that federal courts substantially delay imposing sentencing, compared to State courts (and given time, their ego allows them to hang themselves).
Federal Courts delay sentencing for a variety of reasons, including the federal requirement for probation to complete either a presentence investigation report (PSI) on the defendant for the Judge, or in BW's case, a pre-sentence release report (PSR), confirming that BW did not commit any violations while free on pre-trial bond release.
*
9/10/21, the Government formally entered its sentencing recommendations, taking into account BW's non-actions since his plea agreement date. Take note that after hearing from BW and considering his letters of support, the Court was ready to set aside the US Attorney's recommendations for sentencing, and impose time served (he spent 3 days in custody), and 36 months supervised release.
On 10/8/21, per the docket, the Clerk's Notes indicated BW appeared in person for sentencing before Judge Douglas P. Woodlock: Court would impose a
sentence of time served and three (3) years of supervised release. Court reviewed the conditions of supervised release as proposed by the parties. Government to dismiss Count Three. Reasons for this sentence recited into the record. Recess taken.
*In light of new developments brought to the attention of the Court by the Finance Department, the
imposition of the sentence is delayed. Conditions of Pretrial Release amended to include the proposed conditions of release discussed today. Parties to notify Court when they are able to proceed with the Sentencing and/or violation hearing.
The new developments that came to light at the 10/8/21 hearing by the Finance Department was that BW was being investigated in another fraud case after he misrepresented to the Probate Court that he was the personal representative of his late father's estate, and then failed to report his financial gains on the financial statements he presented to the Court in the Art case --- used to calculate restitution payments, under penalty of perjury, BW also omitted gifts from his mother exceeding $500K used to pay his attorneys fees.
6/6/22, the US Attorney filed its SUPPLEMENTAL SENTENCING MEMORANDUM with evidence from the Probate Court, which would eventually lead to two additional charges here against BW for obstruction of justice.
2/20/24, BW was finally sentenced by Judge William G Young to 37 months on each count, each count to run concurrently with each other; 36 months supervised release; $300 Assessment; $475,000 Restitution.
Transcript of Sentencing as to Brian Walshe held on February 20, 2024, before Judge William G. Young: