“Slap in the face”: Man avoids prison after taking millions from friend’s family

A Fortress Rock man is not going to go to jail for embezzling tens of millions of {dollars} from his finest good friend’s firm, regardless of the wishes of his godsons and a decide for a harsher sentence.

“He walked,” mentioned Greg Smith, a godson and sufferer. “He skated out of this gorgeous unscathed.”

Harold Gorden, 81, will as a substitute spend 10 years on probation and be required to repay $271,000 that he stole, although there’s purpose to doubt that cash will ever attain his victims.

“On condition that Mr. Gorden isn’t actually accepting any duty for what he did to all of you, if there was extra of a sentence I may impose, I might,” Douglas County District Court docket Choose Ryan Stuart mentioned at Gorden’s sentencing Monday afternoon, “as a result of I don’t suppose Mr. Gorden understands the seriousness of his actions and the hurt he has induced you all.”

Gorden was the most effective good friend of Neal Smith II, president of the Shirley Co., an actual property holding firm that was based in Denver in 1927. He was additionally the godfather to Smith’s 4 sons — Neal Smith III, Greg, Brad and Justin — who known as him Uncle Butch or Butchy.

After Neal Smith II’s single-engine Cessna crashed down in Wyoming in 2002, killing him, Gorden was named trustee of the Smith household firm and household property. Along with the $2 million in wages he was paid as trustee between 2003 and 2020, one other $2.3 million in Shirley Co. cash is lacking and presumed stolen, a decide decided final summer season.

“The defendant’s conduct was so brazen, his regret is nonexistent and the court docket strongly suspects that he stole greater than thrice the quantity (that) plaintiffs have been in a position to hint,” U.S. Chapter Choose Elizabeth Brown mentioned of Gorden in June 2023.

Gorden was charged in Douglas County with two counts of felony theft and one depend of securities fraud. In December, he pleaded responsible to at least one theft cost. In change, prosecutors dropped the opposite costs and requested that Stuart not sentence him to jail.

“If Mr. Gorden isn’t admitting to any of his conduct, why is the District Lawyer’s Workplace agreeing to probation?” the decide requested Deputy District Lawyer Austin Fletcher on Monday, after Fletcher claimed that “Mr. Gorden takes no accountability for the theft on this case.”

Whereas Fletcher was explaining {that a} probationary sentence would make it simpler for Gorden to pay restitution, Stuart lower in to ask, “Is he going to pay something?” The decide famous that Gorden has reported a modest month-to-month earnings of only some thousand {dollars}.

“Clearly he’s both blown all the cash that he stole from these individuals or he has hidden it very nicely, in order that we are able to’t discover it,” Stuart informed the prosecutor. “He’s going to proceed to say indigence and he’s not prone to pay a dime of this restitution.”

Regardless of receiving tens of millions of {dollars} from the Smiths, each legally and illegally, Gorden was represented by a public defender, Lauren Sposa. She informed Stuart that her consumer pleaded responsible, partly, to keep away from placing the Smith household by an “emotionally fraught” trial.

“On the finish of the day, he’s pleading responsible and taking duty,” Sposa claimed.

“Mr. Gorden,” Stuart mentioned, “is there something you’d like to inform me earlier than I sentence you?”

“No,” the defendant informed him, “I’ll be quiet and allow you to do your factor, sir — your honor.”

Regardless of having reservations, the decide permitted the plea settlement and sentenced Gorden to a decade of probation, plus 60 days of home arrest. The 81-year-old was additionally ordered to take courses on ethics and sufferer empathy, and to search out full-time employment.

“Mr. Gorden’s going to need to work 40 hours every week till he pays restitution,” he mentioned.