The owner of a now-defunct for-profit college convicted of stealing government funds through falsified loan and grant applications asked a Florida federal court Thursday to pause a $1.9 million forfeiture order while he appeals his case, arguing that he was denied due process and has strong arguments on appeal.
FastTrain College CEO and owner Alejandro Amor said the forfeiture order should be stayed while he appeals it, arguing that the government failed to follow the Federal Rules of Criminal Procedure that require a presentencing hearing on contested forfeiture issues and mandate completion of forfeiture proceedings at sentencing.
In Amor’s case, the preliminary order of forfeiture was entered 13 months after his May 2016 sentencing hearing, at which he was handed a 97-month prison sentence.
“On appeal, Amor will present well-grounded arguments that the forfeiture order in this case, premised on receipts by a corporate entity for educational benefits received by students, is erroneous in whole or in part,” Amor said in Thursday’s motion.
In November 2015, a federal jury found Amor guilty on one count of conspiracy to steal government money and 12 substantive counts of theft of government money as a result of the scheme. Amor was denied a new trial in February.
Prosecutors alleged Amor instructed associates to recruit potential students from low-income areas to enroll at one of FastTrain’s seven Florida locations.