Calling the theft of over $350,000 in District funds by Harry Thomas Jr. a “betrayal of the public trust,” a judge today sentenced the former Ward 5 councilmember to more than three years in federal prison.
Thomas pleaded guilty in January to diverting $353,500 in funds from the District’s Children and Youth Investment Trust Corporation to nonprofit organizations under his control and used the money to buy lavish vacations, designer clothes and a pair of luxury vehicles. Addressing the courtroom today, Thomas said his actions had brought him to “the lowest moment in my life.”
Judge John D. Bates of U.S. District Court for the District of Columbia sentenced Thomas to 38 months for taking the money and to a concurrent sentence of 36 months for neglecting to declare funds as income to the Internal Revenue Service. Bates allowed Thomas to turn himself in voluntarily before he begins his sentence, which will likely be carried out at a minimum-security prison in either Pensacola, Fla. or Montgomery, Ala.
Still to be determined, though, is the final amount of money Thomas owes to taxpayers. In addition to the money Thomas used to pay for items such as expensive golf outings, a Chevrolet Tahoe sports utility vehicle and a $24,000 motorcycle, there is also the matter of about $92,000 that Thomas steered from the CYITC to pay for an inauguration party at the Wilson Building in January 2009. Bates said that within 90 days he will make a ruling on the amount Thomas must repay. So far, Thomas has paid back $70,000.
During today’s hearing, Thomas’ lawyers, led by Seth A. Rosenthal, attempted to paint the former D.C. Council member as a community pillar who made one terrible misstep. Seeking a less harsh sentence of 18-months, the defense argued that Thomas’ record of public service, especially as a youth baseball coach, should be weighed against the sentencing guidelines Bates consulted.
Lead prosecutor Jonathan Haray, however stuck to the prosecution’s original request of a 46-month sentence, saying that Thomas repeatedly abused his position as member of the Council.
“With great power comes great responsibility,” Haray said, quoting Voltaire, though the saying is often attributed to Ben Parker from Spider-Man. “Mr. Thomas used his power as irresponsibly as he could.”
Haray recounted Thomas’ guilty plea, telling the courtroom that on “dozens, if not hundreds” of occasions, Thomas “aggressively pushed money to organizations over which he had political sway” then used his influence to steer the money to his own wallet. Haray called the defense’s request for an 18-month prison term an attempt to receive a “slap on the wrist.”
In establishing Thomas as a do-gooder, though, Rosenthal and his fellow counsel, Karl A. Racine, recounted nearly the entirety of their client’s life. Racine’s narrative began with Thomas’ parents, Harry Sr. (who represented Ward 5 from 1987 to 1999) and Romaine, whom Racine said implored upon their children the importance of public service. Racine also described Harry Thomas’ Jr. upbringing as one that left him with a notion of using “the common good of sports to make an impact on the lives of young people.”
The defense’s first witness, Paris Inman, a former administrator of Little League Baseball in the District, spoke to Thomas’ past as a presence in youth sports. “If didn’t know Councilman Harry that well,” Inman said. “I know Coach Harry. I look forward to his return.”
Following one another character witness, Romaine Thomas stepped up to the lectern. Wearing a cream jacket with black trim, a black calf-length dress and black hat with white stitching, she asked Bates to issue a softer sentence than what the U.S. attorney was asking.
“I appear before you this morning with unconditional love for my son,” she said. Thomas described her son as being “full of anguish and wrapped in pain,” and repeated the defense’s call that Bates consider Harry Thomas’ past community service when meting out a sentence.
“My son has suffered severely these past months through disappointment in himself, demoralization, despair and dejection,” she continued. “He has had some powerful moments with God.”
Rosenthal’s argument for the 18-month sentence hinged on the notion that as a first-time, nonviolent offender, Thomas did not need the additional deterrence of as long as 51 months in prison. The defense also attempted to equate Thomas’ actions with those of former U.S. Rep. Bob Ney (R-Ohio), who was sentenced to 30 months in prison in 2006 after pleading guilty to taking bribes to the disgraced lobbyist Jack Abramoff.
But Haray dismissed Rosenthal’s allegation that Thomas was being treated less fairly than Ney as “categorically untrue.”
Thomas was the last to speak before Bates handed down the sentence. “I apologize for being here today,” he began. “I have humiliated my family. I let down my late father.”
Referring to a question posed by a reporter on the courthouse steps after his guilty plea in January, Thomas said aloud what he believed his father would tell him: “Stand up, be a man and be responsible for your actions.”
And to some extent, the case made for Thomas’ character made an impact on the judge. “There are many positive things about this defendant,” Bates said, adding that he could “not totally overlook” Thomas’ record of community service.
Bates, a former assistant U.S. attorney for D.C., said that while the higher sentencing recommendation of 41 to 51 months was too high, the range of 37 to 46 months was still appropriate. “This is a case of betrayal of the public trust,” he said. “Betrayal of colleagues and other employees of the District of Columbia. And betrayal of underprivileged youth.”
After his prison term, Thomas will serve three years of supervisory release. He will not face an additional sentence on top of the money he is required to repay.
Following Bates’ ruling, reporters lingered outside the courthouse, waiting to see if Thomas would make another statement as he did after his guilty plea. But he was silent as he exited the building, walking toward a BMW sports utility vehicle that ferried him away.
