PORTLAND — Rockport resident Rusty Brace is expected to be sentenced Sept. 18 in Federal District Court, according to the latest June 24 court filing. Brace pleaded guilty May 29 to three felony charges: Mail fraud affecting a financial institution, and two tax frauds that include making false statements to the Internal Revenue Service. 

On Wednesday, June 24, Attorney Peter DeTroy requested that the court extend a pre-sentencing report deadline by 21 days, saying Brace had been unable to meet with the court’s pretrial service officer until June 19 due to health issues and travel limitations.

“Donald Clark, the AUSA handling this matter for the government, has no objection to this request,” wrote DeTroy, in his request. “The Pretrial Service Officer responsible for this report, Annie Hodgdon, also wishes to have the additional requested time to submit the PSR.”

DeTroy said Brace, “otherwise remains prepared to be sentenced on Sept. 18, 2015.”

The pre-sentencing report is due to be completed by the U.S. Probation Office. The sentencing analysis provides the court with context with which to sentence a defendant. The nonbinding report has a 44-day deadline, and will involve calculations that ultimately produce a “range of sentences from x to y,” said DeTroy, last spring.

The report is then sent to DeTroy, as well as the U.S. Attorney's office. Both attorneys have the right to object, if they think the calculations are wrong.

If there is disagreement, the judge will set up a hearing for the attorneys to talk.

Then federal Judge George Singal decides how to punish the 81 year-old Brace, who, for at least 15 years, siphoned charity donations into his own bank account at The First, in Camden, and used the funds for his personal benefit. 

Brace faces up to 30 years in prison, five years of supervised release and a fine of twice the gain or loss on the fraud charge, and up to three years in prison, one year of supervised release and a $100,000 fine on the tax charges.

Working over the winter, Federal Bureau of Investigations and Internal Revenue Service investigators determined that over the last five years alone, Brace moved between $176,000 to $334,800 per year into his own bank account, money that had been intended for UMCC. In total, he moved more than $4.6 million over 16 years into his account. The IRS is limited to its own statute of limitations, so did not go back in forensics earlier than 2008.

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• Attorney says Rusty Brace to plead guilty May 29 in federal court on three criminal counts

• Rusty Brace admits to breach of duty, fraud and conversion of money in UMCC's civil suit

• Federal investigations of Rusty Brace inch closer to closure; lawyers anticipate movement on civil case

• United Midcoast Charities enthusiastic about future 

• Rusty Brace asks for more time in UMCC case as investigation continues 

• The First discloses amounts in Brace accounts

• Legal, investigative wheels turn on Camden charity theft case 

• Camden business files suit against Rusty Brace; UMCC will be stronger, more transparent, board president says

• Camden’s UMCC files suit against Rusty Brace, wants $3.8 million returned

• Camden’s United Mid-Coast Charities embezzlement investigation underway, says president 

• Making music for charity: 'Nobody made a greater mistake than he who did nothing because he could do only a little' 

Editorial Director Lynda Clancy can be reached at lyndaclancy@penbaypilot.com; 207-706-6657.