A month after former UCDD Deputy Director Larry Webb agreed to testify against his ex-boss, Wendy Askins, the embattled former executive director of the Upper Cumberland Development District, was scheduled to appear Monday in U.S. District Court for a change of plea hearing, but the case has been reset for trial on March 8, 2016.
While Askins' bargain with federal prosecutors has not yet been revealed, U.S. District Judge Aleta A. Trauger signed an order on Sept. 8 scheduling the hearing for Sept. 14 at 1:30 p.m. The judge then granted a motion to continue the trial and sealed the documents pertaining to the motion on Friday. Askins and Webb were both indicted in on a number of federal charges relating to the UCDD’s Living the Dream project, intended to be a house for low-income seniors, in late 2013.
Both pled not guilty at the time to accusations that they participated in a scheme to pour more than $670,000 in government funds into the property, which was apparently incorporated in Webb and Askins’ names. They were accused of transferring money from UCDD to Living the Dream without the approval of the UCDD board of directors and obtaining bank loans and lines of credit in excess of $1 million for renovation of the property by using UCDD bank accounts and property as collateral for the loans.
Askins and Webb allegedly directed others to change the official minutes of a UCDD board meeting and to delete audio recordings of all UCDD meetings to cover their actions. Askins was also indicted on one count of making a false statement as a result. Webb pled guilty to one count of federal bank fraud in August, admitting that he told the loan officers at the Bank of Putnam County that the project was approved by the both UCDD and the Cumberland Regional Development Corporation (CRDC) boards. He also admitted to presenting false documents, including resolutions authorizing a $750,000 loan application for the project. He will be sentenced on Nov. 24, but will serve no jail time or pay any fines due to his plea deal.
Webb was potentially facing 220 years in federal prison and $6.75 million in fines on a 16-count federal indictment for conspiracy, theft of government money, bank fraud, money laundering, and making a false statement. The plea deal reportedly calls for three years of supervised release with no fines. If she had been convicted on the original charges, Askins faced up to 225 years in prison and a $6.75 million.
The order reads:
"This case is reset for jury trial on March 8, 2016 at 9:00 a.m. in courtroom 873, United States Courthouse, 801 Broadway Nashville. As soon as it appears that the case will be tried,the parties shall notify Judge Trauger's courtroom deputy of the anticipated number of trial days that will be necessary."
"Any plea agreement shall be consummated by noon on the Thursday before the trial, and the Courtroom Deputy notified thereof. Any proposed plea agreement shall be submitted to the Court by noon on the Friday before the trial. No plea agreement will be entertained unless it is in compliance with this Order."
"In advance of any plea hearing, the United States Attorney shall submit to chambers a document that lists the elements of each offense to which the defendant is pleading guilty and the statutory penalty for each, including period of incarceration, fine, and period of supervised release applicable".
"If the case is to be tried, the parties shall file the following by the close of business on the Tuesday before the trial:
1. an agreed set of jury instructions
2. alternative versions of jury instructions on which there is not an agreement, with citations to supporting authorities;
3. an agreed verdict form or alternative versions; and
4. motions in limine.
"Responses to motions in limine shall be filed by 4:00 p.m. on the Friday before trial. Parties shall deliver to chambers a computer disc containing all proposed instructions and verdict forms that are filed"
"The requirements set forth herein shall also apply to any continuances of this trial"
