Patrick Kiley, a Christian radio host-turned-convicted swindler, has bought himself up to 120 days before a federal judge sentences him on a dozen fraud and money laundering charges related to Trevor Cook's $194 million Ponzi scheme.
Chief U.S. District Judge Michael Davis approved a motion by Kiley's new attorney on Friday for psychological and physical examinations that could affect his sentence.
Davis appointed forensic psychologist Peter Marston of Minneapolis to conduct an exam and report back within 60 days. He directed Marston to address Kiley's self-described anxiety and depression, his inability to communicate "and any other information" that will help assess his psychological state and the treatments that might help.
After that, Kiley, 74, will be sent by the Bureau of Prisons to the Federal Medical Center in Rochester. Doctors there will have 60 days to file a report about Kiley's prostate cancer and other physical conditions that will help the court to determine an appropriate sentence.
Kiley's previous attorney, H. Nasif Mahmoud of Stone Mountain, Ga., had argued for an alternative to incarceration because of Kiley's medical and psychological conditions. He was relieved of his duties Jan. 3 after Kiley accused him of misconduct and ineffective assistance. Mahmoud denied wrongdoing.
John Lundquist, an experienced white-collar crime defense attorney in Minneapolis, was appointed to represent Kiley. Lundquist suggested that Davis appoint Marston, whose practice includes examinations of sex offenders and others caught up in the judicial system.
Davis agreed. But he noted that the psychological exam was being done for the benefit of the court, not the defense or the prosecution.
Kiley lured about two-thirds of the more than 700 investors who sank $194 million into a foreign currency investment scam created by Cook, a longtime friend and business associate. Cook admitted it was a fraud and is serving 25 years in federal prison. Three other Twin Cities men who helped pitch the scheme are serving sentences of 7 1/2 to 30 years.
Kiley insists that he believed the investment program was legitimate, but the jurors who convicted him didn't agree.
Dan Browning • 612-673-4493