Two Tulsa men were sentenced Friday to lengthy prison terms after being found guilty in a multi-million dollar stock-fraud conspiracy, however a federal judge opted not to put them behind bars for life as he could have under applicable sentencing guidelines. George David Gordon, 48, was ordered by U.S. District Judge James Payne to serve 15 years and 8 months in prison while Richard “Rick” Clark, 62, was given a 12 year, seven-month term. Both men will be expected to contribute towards more than $6.1 million in restitution and to serve three years under court supervision after their eventual release from prison. Payne had already issued a written order that contained a criminal forfeiture judgment against Gordon and Clark for more than $43.9 million. The amount--specifically $43,927,809.95---is meant to represent stock sale proceeds traceable to the conspiracy that the jury found existed when it returned its guilty verdict, which was reached on May 3. Also in the same Sept. 15 order, Payne entered another criminal forfeiture judgment against Gordon for more than $2.7 million, an amount related to a wire fraud charge of which Gordon was also convicted. Gordon and Clark were among five men who were indicted in the case Jan. 15, 2009. They were accused of plotting from 2004 through 2006 to “pump up” the stock of three companies and then dump the stocks quickly at the expense of investors. The two also were convicted of related crimes such as wire fraud, securities fraud and money laundering, although Clark was found not guilty of several counts, as well. Gordon also was found guilty of obstructing justice and making a false statement in a matter within the jurisdiction of the U.S. Securities and Exchange Commission. Federal sentencing guidelines would have allowed Payne to sentence Gordon and Clark to life in prison. However, Payne announced Friday that he would vary from the span recommended under the guidelines, which are advisory and not mandatory, Payne pointed out that following the originally recommended guideline punishment would have resulted in the two receiving a sentence greater than is often imposed in the nation’s courts for violent and or deadly crimes. Even in the universe of financial crimes, Payne pointed out that major figures in the WorldCom and Enron scandals did not receive life sentences. While Payne said the offenses of which Gordon and Clark were convicted were serious, he said they were simply “not in the same league” as the WorldCom and Enron scandals, both of which shook the financial markets. Clark said nothing to the court during his Friday afternoon sentencing hearing. However, Gordon did apologize during his separate Friday morning hearing to his family as well as to any investors who have experienced “anguish and pain” due to his actions and to the Oklahoma Bar Association.
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