Aspen homeowner Robert Brockman’s attorneys ask a federal judge if he’s competent enough to defend himself against charges he has developed for a $ 2 billion tax fraud program.
Brockman’s attorneys on recent files have said he has dementia and is deteriorating.
“Basically, Mr. Brockman cannot do what is most important to his defense: to understand his attorneys about the events in question and to respond reliably,” said a motion filed in federal court in San Francisco on December 8th Criminal complaint against Brockman, 79.
Brockman’s attorneys filed a motion to change the jurisdiction of San Francisco in the U.S. District Court for the Southern District of Texas on November 30th. The trip to San Francisco would put a strain on Brockman, who lives full-time in Houston, argued the international law firm Jones Day in recent court files.
However, federal prosecutors want San Francisco to remain the venue and aren’t convinced the trip would place undue stress on Brockman.
In a report filed on Dec. 7, US prosecutors said 2019 private jet records showed Brockman had traveled to Aspen “for a routine three-month annual trip to a vacation home for the summer.” The government cited other examples of Brockman’s trips last year, including an annual fishing trip to Alaska and an annual hunting trip to Cordoba, Argentina.
“This travel story is difficult to reconcile with the motion’s suggestion that traveling from Houston to San Francisco for trial would be tough,” prosecutors argued in last week’s file.
Doctors diagnosed Brockman with dementia in 2018, his lawyers said on court records.
In San Francisco, on October 15, a federal jury filed 39 charges against Brockman of tax evasion, cable fraud, money laundering and other crimes. It’s also the hometown of Brockman’s company, which allegedly hid its offshore investments.
“According to the indictment, Brockman, a resident of Houston, Texas, and Pitkin County, Colorado, used a network of offshore companies based in Bermuda and Nevis to hide from the IRS revenues he received from investing in private individuals Equity funds managed by a San Francisco-based investment firm, “said a press release from the US Department of Justice in October. “As part of the alleged program, Brockman channeled untaxed investment income into secret bank accounts in Bermuda and Switzerland. The indictment also alleges that Brockman took steps to carry out the fraud between 1999 and 2019, such as backdate records and the use of encrypted communications and code words to communicate with a co-conspirator, among other things. “
A hearing is scheduled for January 12th to determine whether Brockman has legal standing to stand trial and understand the charges.
“Mr. Brockman’s doctors have concluded that because of his state of health, he has no access to information, cannot link the questions asked and his memory of events, and manifests as significant short-term and long-term memory deficiencies,” so argued Brockman’s attorneys.