Considering the extent of an Augusta businessman's misdeeds, whether he was convicted or not, the federal judge was right to triple his prison time, the federal appeals court ruled earlier this month.
Anthony Mastantuono appealed the five-year prison sentence imposed in November 2007 by U.S. District Judge Dudley H. Bowen Jr.
Mr. Mastantuono's crime, stealing more than $11,000 from a mortgage broker client, combined with his criminal history put him in a sentencing range of just 15 to 21 months, far less than the 60 months Judge Bowen gave him.
But like Judge Bowen, the 11th U.S. Circuit Court of Appeals noted that while Mr. Mastantuono's federal case was pending, he befriended a 95-year-old widow and removed $230,000 from her bank accounts. Mr. Mastantuono and his son also ended up in a new copy of the woman's will, according to court testimony. Mr. Mastantuono was not charged in that incident.
Although the federal sentencing guidelines are advisory instead of mandatory, in review of sentence length the federal appeals court only questions whether the sentence is reasonable.
The appeals court quoted Judge Bowen: "It is my conclusion that a guideline sentence ... 15 to 21 months ... would, contrary to what my friend (defense attorney Victor) Hawk says, be perceived, in my estimation, as laughable by the public."
Mr. Mastantuono has a long history of thievery and writing bad checks, the appeals court noted, and the clients whom he stole from suffered severe economic harm.
Mr. Mastantuono's brazenness in stealing from an elderly widow indicated his prison sentence needed to be increased to protect the public, deter crime, promote respect for the law and provide just punishment, the federal appeal judges wrote. Increasing the sentence was reasonable, the judges found.
Reach Sandy Hodson at (706) 823-3226 or sandy.hodson@augustachronicle.com.
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Good for you Judge Bowen. I agree with the decision of the appeals court. This is the type of "fairness" the courts should be known for.
This decision has a smell to it. U see, something is working here that only a trained individual can detect. Why was this guy's previous bad deeds allowed to be entered? And the judge exceeded the federal sentencing, which speaks to one thing; Now lets go after the real crooks like Bernard Maddox.
If Mr. Mastantuono and his son ended up in a new copy of the woman's will, is that still the case. Did he get to keep the $230,000 he removed from the 92 yr old's bank account? Does his criminal activity pay-off after all? Don't worry Tony, Southern Siding & Windows will always have a job for you. What is this about a "businessman's" sentence. Since when did a thief become a businessman?
they should make him work his debt off before being released
Let's see what all of the "the mans out to get him" crowd have to say today
What a piece of slime. I want his butt scrubbing the nastiest toilets we can find, with a toothbrush. I want him down in places Mike Rowe would not even visit. When he's provided goods and services worth 230K, then we can talk about his next five years in prison. Anyone that would steal from an elderly woman, is the lowest of low. Judge Bowen -- you're the man! I'd put his butt in a pink jumpsuit in the tent jail in Texas. Or, we could just put him down, like the dog that he is. He is disgusting, and so is the lawyer that defended him. Anything for a buck...
Thievery is now a business? Is he a professional paramour? I think he is just scum. I also think Mike Rowe would find him a dirty job, but hopefully close the sewer hole with him still in it.
Tony got fired from Southern Siding because he was caught stealing there and went on his own doing the sane thing. I see he gradusted to bigger and bigger payouts. He should have received 15 yrs.
Why wasn't he charged with bilking the 95-yr old widow and "persuading' her to put himself and his son in her 'new' will? Hope the family has challenged any attempt he may have made to collect. He needs to be put away for 30+ years without the possibility of parole. As for his son, what's he up to these days? How unfortuante that this father raised his son to be as corrupt as he is.
"Mr. Mastantuono has a long history of thievery and writing bad checks, the appeals court noted, and the clients whom he stole from suffered severe economic harm." ----- That alone is good enough to put him in prison and throw away the key. Constant criminal behavior, means that guy has no respect for laws designed to protect people from predators like him. We need more judges to sentence such career criminals to live the rest of their lives behind bars.
Theft is theft....white collar crime certainly effects and hurts many. Often businesses, such as Southern Siding, simply fire the employee and cut their losses which in turn enables the theif to become more brazen and continue in his or her life of crime. Great job Judge Bowen, we need more judges like you. Lock him up and keep him there!!!
Wonder where the son is?