By Paul Anderson
City News Service
Federal prosecutors are recommending a day in jail, or time already served, for former Anaheim Chamber of Commerce Chief Executive Officer Todd Ament as a reward for his cooperation with authorities in taking down former Anaheim Mayor Harry Sidhu in the failed Angel Stadium sales deal, according to a sentencing brief filed this week.
Meanwhile, Ament’s attorneys have filed a motion to withdraw his guilty plea, arguing he got bad advice from his prior attorney. Ament’s motion to withdraw his plea comes after U.S. District Judge Fernando Aenlle-Rocha rebuffed prosecutors’ attempts to dismiss a wire fraud count against Ament.
Ament pled guilty in July 2022 to defrauding a cannabis company in addition to loan fraud and tax cheating. His sentencing is set for Nov. 14.
The U.S. Probation Office has recommended 30 to 37 months in federal prison and that Ament should face $10,000 to $1 million in fines.
Federal prosecutors had argued Ament should face 18 to 24 months behind bars, but given his cooperation in the Sidhu investigation, he should instead face zero to six months in prison, according to a sentencing brief filed Tuesday.
“Based on defendant’s cooperation, the government respectfully recommends that the court impose a sentence of one day (time served),” according to the brief from Assistant U.S. Attorney Melissa Rabbani.
Prosecutors also recommended restitution of $225,000 and a fine of $9,500.
Ament’s attorneys argue that their client got bad legal advice when he pleaded guilty in the case. They also argue there is not enough evidence in the wire fraud count to sustain a conviction.
“Mr. Ament made clear to his prior counsel that he could not admit to the facts alleged in the plea agreement,” his attorneys Daniel Silva and Ashwin Ram argued in court papers filed Tuesday.
“The reason: the facts were untrue,” the defense attorneys added. “Despite his protests of his innocence and an inherently flawed factual basis, prior counsel directed Mr. Ament to plead guilty, to proffer his guilty pleas to the court, and to accept the factual basis at his plea hearing.”
Ament waited to contest the guilty plea until he was finished cooperating with investigators through last fall “on multiple criminal investigations,” his attorneys said. Also, his current attorneys “privately raised arguments with (prosecutors) that the information alleged facts that did not amount to criminal conduct,” according to the motion.
Still to be determined is a motion to include the Anaheim Chamber of Commerce as a victim in the case. Ament has denied defrauding the Chamber of Commerce.
The dismissal of the wire fraud count could have scuttled that case. Attorney Dean Steward, who represents the chamber, has argued in court papers that it deserves $264,330 in restitution.