Thursday, August 20, 2026
Page 3
Leniency Urged for Man Who Committed Wire Fraud
By a MetNews Staff Writer
A former State Bar president has argued that a man who pled guilty to conspiracy to commit wire fraud as part of an effort to trick a homebuilding company into parting with building materials worth up to $1.5 million should be spared the 21-month prison term recommended by the government.
Fresno attorney Anthony P. Capozzi, in a sentencing memorandum filed Tuesday in the U.S. District Court for the Eastern District of California, urged leniency for David Theron Ross. His confederate, Eduardo Jara, the assistant purchasing manager for a company, would order materials; Ross, a forklift driver, would pick them up from a supplier and sell them to local businesses; and Jara would provide phony documents to the company to create the appearance that the materials were received.
Capozzi wrote that “The offense before the Court represents a significant departure from an otherwise law-abiding lifestyle” and maintained that a “lesser sentence” than 21 months “is sufficient to reflect the seriousness of the offense, promote respect for the law, provide adequate deterrence, and protect the public.” He added: “Mr. Ross is a 64-year-old retiree, at the stage of life where lengthy incarceration is particularly significant, resulting in the loss of valuable years with his family and would impose consequences extending well beyond the punishment necessary to accomplish the goals of sentencing.”
Assistant U.S. Attorney Chan Hee Chu said in a sentencing memo filed Monday that in light of Ross’s “age, lack of criminal history, continued good behavior on release and acceptance of responsibility, a sentence at the low-end of the guidelines is sufficient, but not greater than necessary,” adding:
“Three years of supervised release is necessary to help rehabilitate Defendant and to serve as further deterrence.”
The government is seeking restitution in the amount of $1,454,509.35.
Ross is scheduled to be sentenced on Monday by District Court Judge Kirk E. Sherriff.
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