Former Ocean Co. GOP chairman Gilmore convicted of tax evasion
RAW VIDEO: Former Ocean County GOP Chairman George Gilmore is sentenced to 366 days in jail for failing to submit payroll taxes and bogus loan application.
Thomas P. Costello, Asbury Park Press
Former Ocean County GOP Chairman George R. Gilmore will appeal last week’s decision of a federal appeal board that upheld his conviction in 2019 for filing a bogus loan application and failed to pay payroll taxes, his lawyer said.
Chatham-based GIlmore’s attorney Kevin Marino said an appeal will be filed by Dec. 18 to the three-judge Third Circuit panel that upheld Gilmore’s conviction last week. The appeal will call for a hearing by the 14 judges of the Third Circuit.
Gilmore, 71, a Toms River resident, will remain on bail pending the outcome of his appeal, Marino said.
In an unprecedented decision written by Judge Thomas Hardiman for a three-judge panel of the United States Court of Appeals for the Third Circuit and delivered on December 4, the court dismissed four claims raised by Gilmore, according to the American lawyer Rachael A. Honig.
How we got here: Former Ocean County GOP Chairman George Gilmore loses appeal to overturn federal conviction
The appeals court agreed with the federal government that the trial judge correctly excluded testimony from a psychiatric expert that Gilmore suffered from a “hoarding disorder,” which he said had prompted him to spend lavishly on personal expenses rather than making timely payments to the IRS, Honig said.
The court also dismissed Gilmore’s challenges against the jury’s instructions and the sufficiency of evidence, Honig said.
In January, U.S. District Judge Anne E. Thompson sentenced Gilmore to one year and one day in prison – far less than the 27 to 33 months requested by federal prosecutors. Thompson allowed Gilmore to remain on bail pending his appeal.
Put aside: Conviction of former Ocean County GOP boss Gilmore delayed for psychiatric assessment
Gilmore was convicted in April 2019 of failing to pay payroll taxes and submitting a bogus loan application.
A federal jury found Gilmore not guilty of filing false income tax returns and was unable to rule on a tax evasion charge in 2013, 2014 and 2015. The tax evasion charge was dismissed when Gilmore was sentenced in January, and Marino said Gilmore paid payroll taxes.
Refuse: Hoarding expert cannot testify in trial of Ocean County GOP boss George Gilmore
Prior to sentencing in January, Thompson spoke about the specifics of the case, describing Gilmore’s extravagant spending and non-payment of taxes as bizarre and almost inexplicable behavior.
“It seemed to me that there was a pathological… peculiar and confusing avoidance of reality with this accused.… His behavior is strange for a man of his personal strength,” said Thompson.
Thompson said she decided to deviate from federal sentencing guidelines, which called for 21 months in prison, because “this sentence, I have determined, is severe punishment for a man. 70 years old “.
Marino, who argued throughout Gilmore’s trial in April 2019 that his client was mentally ill – but not a criminal – had suggested a probation sentence and needed mental health counseling.
A psychological report, written by Dr Catherine Barber, said Gilmore appears to have obsessive-compulsive disorder, a shopping addiction of which hoarding disorder is a side effect, Thompson said.
Thompson said Gilmore appears to have “a deep mental state that defies explanation.”
Following his conviction, Gilmore relinquished his law degree and resigned as chairman of the Ocean County Election Board and Chairman of the County GOP.
He remained active in politics, attending events in the county and forming a political consultancy firm with Freeholder Jack Kelly. The Toms River law firm in which he was formerly a partner, Gilmore & Monahan, has been dissolved.
The building that housed the company’s former offices at 10 Allen St. in Toms River is for sale. Gilmore’s former partner Thomas Monahan now works for the Lacey law firm of Dasti, Murphy, McGuckin, Ulaky, Koutsouris & Connors.
Jean Mikle has covered Toms River and several other towns in Ocean County, and has written on local government and politics on the Jersey Shore for almost 35 years. A 2010 Public Service Pulitzer Prize finalist, she is also passionate about the legendary Shore music scene. Contact her: @jeanmikle, 732-643-4050, [email protected]