BOISE, Idaho — James and Jessica Dougherty, who plead guilty to defrauding an elderly woman out of her home and obstruction of justice in early January, were sentenced Wednesday in federal court.
U.S. District Judge Amanda K. Brailsford sentenced James, 44, to 41 months in federal prison for a scheme to defraud an elderly victim of money and property. His wife, Jessica, 43, has been sentenced to three years probation for obstruction of justice, the Idaho Department of Justice said in a news release.
"Defrauding this vulnerable victim out of her home was a reprehensible crime," said U.S. Attorney Hurwit. "I am grateful for the dedication of the investigators and prosecutors in this case. The justice achieved here reinforces our commitment to protect our senior citizens from fraud and abuse."
As previously reported, the two moved into a retired schoolteacher's 46-acre ranch, supposedly to help her with the ranch and horses for free rent. However, in late 2015, the elderly woman's health worsened, and James took control of her finances.
He was able to get power of attorney and a new trust was made where he and his wife were named the primary beneficiaries, according to Hurwit.
In July 2017, the couple drew up an agreement to buy the ranch and labeled the selling price as what was owed on the property. The property was, at that time, worth twice the original purchase price and, according to the attorney's office, the sale is a "breach of fiduciary duty."
The property was also never listed publicly, and the selling price was only enough to pay debts on the ranch.
The victim suffered a loss of more than $250,000, the office stated.
"These sentences should serve as a reminder to anyone attempting to defraud or manipulate a senior citizen that their actions will bring severe consequences," said Tom Demeo, Acting IRS CI Special Agent in Charge, Denver Field Office. "As a community, it is our responsibility to care for our elders. As a law enforcement community, it is our duty to hold individuals accountable who abuse their position of trust and we will continue to work with the U.S. Attorney's Office to protect our senior citizens."
After the two were arrested in August 2022, while in pretrial custody, Jessica Dougherty made a call from Ada County Jail and requested that someone "flash" or "rest" a laptop located on the ranch, the news release stated. Within hours, an individual followed Jessica's request and relevant evidence involving the victim were permanently destroyed from the laptop.
Jessica admitted to knowingly causing the destruction of the evidence.
Hurwit thanked the work of the Ada County Sheriff's Office, the Internal Revenue Service's Criminal Investigations Division, and the Office of Inspector General of Health and Human Service. Assistant U.S. Attorney Sean Mazorol and Brittney Campbell prosecuted the case.