The Fat Lady has sung for Alberto Vilar.
The opera-loving fraudster was thrown back in the slammer Thursday to continue serving a nine-year sentence after a federal judge not only revoked his bail, but also said Vilar could face even more jail time.
Manhattan federal Judge Richard Sullivan said Vilar was a “flight risk” in light of the Second Circuit Court of Appeals’ August opinion upholding the convictions of Vilar and co-defendant Gary Tanaka.
The appeals panel had left it up to Sullivan to decide whether both defendants’ bail should be revoked as they continue the appeal process.
“Whatever chances defendants once had for having their conviction reversed, the odds are now lower,” Sullivan said in his 15-page decision. “That change in odds, in turn, increases defendants’ risk of flight.”
Sullivan – who also rejected a request by Vilar to recuse himself from the case because he believed the judge was prejudiced against him – said the co-defendants could even face more prison time at a re-sentencing ordered by the appeals court.
“The court could also sentence Vilar within the guidelines, which would mean a significantly higher sentence,” Sullivan wrote. “That danger gives Vilar ample time to flee.”
The Cuban-born Vilar was accused of cheating investors out of $40 million through his San Francisco-based company.
He and Tanaka were sentenced to nine years and five years behind bars, respectively, after being convicted in 2008.
Both were ordered free on bail in fall 2012 while their appeal was being considered.
Vilar’s lawyers did not return messages, but they filed an emergency brief appealing Sullivan’s bail revocation and also trying to get him off the case. The government on Thursday responded by sending the Second Circuit Court of Appeals a brief saying it should uphold the ruling because both defendants have failed to prove they are not flight risk. The government also said Sullivan shouldn’t have to be recused.
Vilar’s generosity to arts-related charities had earned the fallen Philanthropist the reputation of being one of the Metropolitan Opera’s largest donors.
