Prosecutor Matthew Morris told Federal Magistrate Court Judge Bill Carter on Monday that Donald Fillers, who is seeking a court-appointed attorney for his appear of a four-year asbestos case prison sentence, transferred 40 pieces of real estate to his wife.
The prosecutor said the shift of land in a quitclaim deed to Jackie Fillers was made in May of 2010 "during the pendency of this case."
Magistrate Court Judge Carter called the information "troubling." He told Fillers, "You have an obligation not to render yourself insolvent by transferring valuable property.
He said he needed more information about the property transfer prior to ruling on the Fillers request. A new hearing was set Friday at 2:30 p.m.
Friday is the deadline for filing an appeal.
The prosecutor said he believes Fillers has other assets, including a home on Missionary Ridge.
Federal Judge Curtis Collier earlier handed Fillers the prison term for his part in what his own attorney described as the "horrible debacle" on Watkins Street. Foreman David Wood was given 20 months in prison and demolition firm owner James Mathis 18 months in connection with an inadequate abatement of asbestos that resulted in a major governmental cleanup involving the EPA and others in 2005. The site was the old Standard Coosa Thatcher plant in Ridgedale.
The defendants were given until Nov. 16 at 2 p.m. to self-report to prison.
Judge Collier also handed down fines and restitution in the case. The restitution amount was set at $27,899.10 each, including against the Watkins Street Project LLC.
Fillers, 64, was also assessed fines of $20,000, $2,220 and $2,224. The corporation that he and his late brother, Gary Fillers, set up to buy the old yarn plant, was fined $30,000, $2,220 and $2,224.
Magistrate Judge Carter allowed attorney Gary Humble to withdraw as the lawyer for the Watkins Street Corporation, which was also a defendant that was found guilty. Fillers, who heads the corporation that attorney Humble said is now broke, said he has no plans to appeal the verdict against the corporation.
He also allowed Fillers attorney Marty Levitt to withdraw. He said he is still owed money by Fillers, but not as much as the chief counsel, Leslie Cory. A filing listed $31,000 owed the Ortwein and Cory firm.