Pocklington sentencing delayed until Oct. 27

RIVERSIDE, California – Sentencing for Peter Pocklington on a perjury charge in California has been delayed because his lawyer was late filing paperwork in the case.

The former owner of the NHL’s Edmonton Oilers was in court Thursday for sentencing, but U.S. District Judge Virginia Philipps put the case over until Oct. 27 to give her time to review the 78-page document.

Phillips admonished lawyer Brent Romney for filing the pre-sentencing paperwork only a few days ago.

Outside court, Romney said he knew he filed late but wanted to give the judge the most up-to-date information about Pocklington’s cooperation with authorities.

Pocklington pleaded guilty last May to a single perjury count for making false statements and oaths in his bankruptcy case.

A plea deal suggested that Pocklington serve probation and six months of home detention with electronic monitoring.

The 68-year-old must also make full restitution after working with the Internal Revenue Service to determine his income tax liability between 2006 and 2008.

A pre-sentence report filed by the U.S. government suggests Pocklington, who once ran for the leadership of the federal Progressive Conservatives, has not taken responsibility for the offence.

“While the defendant appears to technically qualify for this reduction because he pleaded guilty under oath to the felony perjury charge at his change of plea hearing, the government has some concerns related to the defendant’s actual acceptance of responsibility in this case,” say documents filed in U.S. District Court.

“After admitting under oath at his change of plea hearing that he knowingly lied in a sworn statement to the bankruptcy court about property he held or controlled for another, including two undisclosed bank accounts, the defendant has since, on several occasions, made statements in the press calling into question his acceptance of responsibility.”

The U.S. Attorneys’ Office has said it believes Pocklington will “maintain his previously stated acceptance of responsibility,” and that its recommended sentence will serve “the societal purposes of both punishment and rehabilitation.” But Judge Virginia A. Phillips is not bound by that recommendation.

The offence carries a maximum five-year prison term.

Pocklington, 68, pleaded guilty to a single count of perjury on May 27, admitting he lied on his application for bankruptcy when he didn’t disclose he had sole signing authority over two bank accounts and two storage lockers near his home in Palm Desert, California.

Court documents say the accounts held more than $9,000 and the storage units contained clothing, pictures, paintings, china and sports memorabilia estimated to be worth less than $10,000.

“None of these assets were disclosed to the bankruptcy court,” the documents say.

Pocklington declared assets of only $2,900 when he declared bankruptcy in August 2008.

“The offence in this case is a serious offence of deliberately lying to the bankruptcy court,” court documents say.

Pocklington responded to the report this week by filing a 78-page document and a copy of a recently published book that extols his virtues.

Listed among his charitable donations were a $1-million anonymous donation to the Edmonton YMCA; a $1.3-million donation to the Betty Ford Clinic, which has a patient hall named after his wife of 36 years, Eva; $300,000 to establish the Glen Sather Sports Medicine Clinic; $250,000 to the University of Alberta School of Business; and $35,000 to the Henry Singer memorial bursary to provide financial aid for university athletes.

The former car dealer moved to California in 2002. He was arrested March 11, 2009, and initially charged with two counts of bankruptcy fraud related to the bank accounts and storage lockers.

Pocklington has claimed debts of $19.6 million. The Alberta government claims he owes it more than $13 million for failing to pay back a $2-million loan it gave his meat-packing company, Gainers.