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SALT LAKE CITY — Defense attorneys and prosecutors in the Tim DeChristopher case are at odds over how much financial damage the convicted environmental monkey wrencher caused and what he deserves for punishment.
"We're from Mars, they're from Venus," said Pat Shea, one of DeChristopher's lawyers.
In documents filed in U.S. District Court, he and Ron Yengich say DeChristopher didn't cause losses to the government or anyone else when he bid $1.8 million on properties he did not intend to buy at a Bureau of Land Management Auction.
DeChristopher actually made money for the federal government, perhaps as much as $300,000.
–Ron Yengich
"DeChristopher actually made money for the federal government, perhaps as much as $300,000," Yengich wrote.
Federal prosecutors, however, argue his fake bidding cost at least one businessman $600,000 and the government $139,000 for the auction and $160,000 for preventing legitimate bidders from buying three parcels.
"It was self-centered and juvenile, and lacked the fortitude and diligence that would be characteristic of the very movement that he claimed to to represent," prosecutors Scott Romney and John Huber wrote.
A jury convicted DeChristopher in March of violating a federal onshore oil and gas lease act and making a false statement. He faces up to 10 years in prison and fines totaling $750,000. He is scheduled to be sentenced July 26.
Although the U.S. Attorney's Office for Utah has said it will not seek the maximum penalty, it contends a "significant term will promote respect for the law." Prosecutors recommend a prison term of 51 months to 61 months.
DeChristopher, prosecutors say, has not shown remorse or accepted responsibility for his crime.
"On the contrary, Mr. DeChristopher has boastfully declared that he has no regrets for what he did, and would do it again 'in a heartbeat,' and has encouraged others to follow his lead," prosecutors wrote.
It was self-centered and juvenile, and lacked the fortitude and diligence that would be characteristic of the very movement that he claimed to to represent.
–Scott Romney and John Huber
Yengich, in court documents, argues that probation would be an appropriate sentence for his client. Shea said justice would be better served if DeChristopher put in a "couple thousand hours" of community service such as environmental remediation or education.
"DeChristopher's crimes were not calculated beforehand, but instead were a product of his idealism, impulsivity and profound fear for the future of our world environment," Yengich wrote.
"His crimes were not committed to harm anyone. Rather, he knowingly put himself at great risk, for the greater good of the world and all its inhabitants."
Prosecutors, though, say DeChristopher's actions were planned, noting he lied to government officials to get a bidder card and permission to participate in the auction.
"Not only did Mr. DeChristopher intend to financially harm others involved in the auction, he actually caused financial loss," they wrote.
Shea said, "It seems to me prosecutors are making up money figures."
Because prosecutors say DeChristopher has gained notoriety for his actions and encouraged others to violate the law, only prison will serve as a deterrent. "An insignificant sentence may appear as a reasonable price for popularity," prosecutors wrote.
Yengich says the judge doesn't have to incarcerate DeChristopher to protect the public or deter him from future crimes. DeChristopher, he wrote, "has become a very effective advocate for environmental causes without resorting to any law breaking" since his arrest.
Email: dromboy@ksl.com
