A Colorado businessman convicted for his part in swindling $25 million from proponents of building a wall along the U.S. southern border was sentenced to 63 months in prison. This is the sentence prosecutors requested, according to court documents.
A jury found Timothy Shea, 52, guilty of two counts of conspiracy and one count of obstruction of justice for his part in “We Build the Wall,” an online fundraiser to finance former President Donald Trump’s promised border wall, on Oct. 28, 2022.
It was his second trial. A previous trial ended with a hung jury last spring. Mr. Shea received the more-than-5-year sentence on July 25.
In August 2020, he was charged with Steve Bannon, a former adviser to Trump, Brian Kolfage, the founder and public face of We Build the Wall, and venture capitalist Andrew Badolato.
Mr. Trump pardoned Mr. Bannon as he left office last year. Manhattan District Attorney Alvin Bragg charged Mr. Bannon with two counts of money laundering, three counts of conspiracy, and one count of scheming to defraud.
Mr. Bannon pleaded not guilty. Presidential pardons do not cover state prosecutions.
In December 2018, Mr. Kolfage set up a crowdfunding webpage called “We the People Build the Wall.”
He reportedly enlisted the other three defendants to assist in the effort. When the company hosting the crowdfunding website told the men they would have to demonstrate the money was being sent to a legitimate non-profit, court records show they set up the nonprofit We Build the Wall and transferred the funds there.
Mr. Kolfage, a triple-amputee and military veteran, was the public face of the operation. On several occasions, he stated that all donations would be used to construct a border wall and would not accept any salary.
Mr. Shea was convicted of helping set up shell companies to funnel donations from We Build the Wall to himself and the other three conspirators. The court record indicates Mr. Shea received at least $180,000 from the fund.
At the time, Mr. Shea’s defense lawyer, John Meringolo, said prosecutors had failed to prove fraud. He also unsuccessfully claimed Shea had a right to be reimbursed for expenses he racked up negotiating with property owners on whose land the wall would be built.
Mr. Meringolo, 48, died unexpectedly on Nov. 16, 2022.
In the sentencing request, prosecutors claimed Mr. Shea “is responsible for losses to over 300,000 victims and had minimal regard for the effect his actions could have on those victims.”
Mr. Shea, of Castle Rock, Colorado, owns Winning Energy, an energy drink company. The cans are festooned with a cartoon picture of Mr. Trump as a patriotic superhero. The company website reads, “Winning Energy is made from ‘liberal tears,’ creating the perfect energy drink for winners.”
Kolfage and Badolato were sentenced by U.S. District Judge Analisa Torres in federal court in New York City last April. Kolfage, 41, a military veteran, was sentenced to 51 months in prison. Badolato, 58, received a 36-month sentence.
