INDIAN RIVER COUNTY — Former Vero Beach attorney Ira Hatch will go to trial in May on felony charges of misusing $4.5 million in escrow money, and will remain jailed in lieu of $3 million in bond, Circuit Court Judge Robert Hawley ruled Tuesday.
Hawley agreed that the State Attorney’s Office provided adequate documentation to support the charges against the ex-attorney, and said the case will go to trial.
“I’m satisfied,” Judge Hawley said. “It’s not going to get any better.”
The trial is tentatively scheduled for May 24 and could take as long as six weeks.
Assistant State Attorney Lev Evans said in court Tuesday that he believes the trial could be wrapped in three or four weeks, instead of the planned six weeks.
Hatch’s defense attorney, Greg Eisenmenger, argued that the state has not provided specific dates as to when Hatch is accused of taking funds out of his clients’ escrow accounts.
Hatch is accused of misusing $4.5 million of his clients’ money they had entrusted to his company, Coastal Escrow, which shut down in 2007.
Eisenmenger reminded the judge that Hatch has been in jail for nearly two years while the State Attorney’s Office delayed providing the court mandated documents and then asked Judge Hawley to release Hatch from the county jail on his own recognizance.
The State Attorney’s Office opposed the request and the judge sided with the state.
The defense attorney then asked for a reduction to the bond amount, which Judge Hawley again denied.
In court Tuesday, the judge and attorneys set out a schedule for providing evidence and support materials, including setting a deadline for victims to provide documentation to the State Attorney’s Office.
That deadline is now Jan. 29, 2010.
Assistant State Attorney Ryan Butler told the court that the State Attorney’s Office has tried to compel victims to provide all their records before this point. However, many of the victims come across more paperwork, which then needs to be recorded and copied to the defense.
Eisenmenger told Judge Hawley that he reserves the right to file a motion to dismiss the case based on double jeopardy. The judge told him he is well within his right to file any motion he sees fit.
Hatch faces 57 felony charges that include 29 counts of third degree grand theft, 12 counts of second degree grand theft, 11 counts of grand theft, three counts of money laundering between $20,000 and $200,000, and one count each of operating as a money transmitter and felony racketeering, according to his arrest report.
He is due back in court for a status conference on Feb. 10 at 8:30 a.m.
