Man blocked from tapping restitution fund for appeals lawyer

February 14, 2018

SAN ANTONIO (AP) — A federal appeals court panel says a San Antonio businessman convicted of tax and wire fraud scheme may not tap personal funds forfeited and reserved for restitution payments to hire an attorney for his appeal.

The three-judge panel of the 5th U.S. Circuit Court of Appeal ruled unanimously in New Orleans on Wednesday that Robert Warren Scully may not use any of the $220,000 from the sale of a home in Florida to hire an attorney.

The former owner of San Antonio-based skillet meals producer Gourmet Express was sentenced in November 2016 to 15 years in prison for a $5.3 million tax and wire fraud scheme. He also was ordered to pay more than $1.2 million in restitution.

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