A Burbank man convicted of stealing about $1.8 million from an elderly man’s estate was sentenced in a Santa Ana courtroom Monday to 10 years in federal prison.
Jamal Nathan Dawood, 55, was convicted July 31 of six counts of wire fraud and nine counts of money laundering.
U.S. District Judge James V. Selna ordered Dawood to pay $1,862,352 in restitution and a $30,000 fine. He allowed Dawood, over the objections of prosecutors, to surrender to authorities to begin his prison sentence on Aug. 7.
Dawood introduced himself as a financial expert to Thomas Battaglia in 2019 after his brother died, prosecutors said. Battaglia, who was in his late 70s, was in charge of managing his brother’s estate, which was valued at about $2 million.
Dawood was convicted of “draining” money out of the estate and diverting it to his own bank accounts and shifting ownership of real estate into companies Dawood controlled, prosecutors said.
Assistant U.S. Attorney Kristin Spencer argued that Dawood should face between 135 to 168 months behind bars. Spencer said an enhancement for abusing a position of trust should apply.
Dawood’s attorney, Mark Werksman, disputed that, along with another sentencing enhancement for obstructing justice, which would add another year to his client’s prison term.
Werksman argued that during trial an expert for the defense authenticated a property agreement between Battaglia and the defendant.
“You’d be punishing defendant … without evidence he forged these documents,” Werksman argued.
But Selna noted that Battaglia said he didn’t recognize the signature on a document. Werksman said that Battaglia said that in a deposition, characterizing it as an “off the cuff” comment.
“You’d think of all the people in the world, he would know his own signature,” Selna responded.
Werksman also argued against Battaglia being considered a “vulnerable” victim. Werksman said Battaglia was a businessman and was “accomplished in technology” and highy educated.
But Selna responded that if Battaglia was so technically astute, then why did he have trouble accessing his bank account online.
Spencer said Battaglia struggled so much with technology that he would make personal visits to a bank to receive reports on account activity.
Werksman argued that $742,944 in improvements made to the property should defray some of the amount of restitution, but Selna said he did not believe the victim had an ownership tie to the property at that time.
Spencer argued that the property was transferred to the defendant’s wife.
“It was stolen right out from under him,” Spencer said.
Dawood misled Battaglia into thinking he retained an ownership interest in his residence and the inherited real estate through companies the defendant controlled, prosecutors said. Dawood used money from the estate to acquire real estate in La Crescenta and Fontana, prosecutors said.
The prosecutor said Dawood was previously convicted and sentenced to six years in state prison for a prior conviction for fraud.
“He did not learn from that,” Spencer said. “This is someone solely motivated by greed.”
Werksman argued for a sentence of 24 months because Dawood is a father of three young children and is a primary caretaker of his 86-year-old mother.
Dawood told Selna he was “deeply sorry” for the pain he caused the victims.
“I deeply regret the consequences,” Dawood said. “I am committed to make amends … and rebuilding my life.”
Dawood implored Selna to give him a break on his punishment, saying he is his family’s primary “bread winner” and that they rely on him.
He said his mother is “quite frail” at this point in her life and depends on him to make her doctor appointments.
“I’m asking you to weigh all of the aspects of that,” Dawood said.
He said his clients also rely on him for his financial advice.
Though his attorneys advised Dawood not to address the facts of the case so as not to imperil his appeal, he argued the point on the ownership of the victim’s property.
Dawood said prosecutors were “pulling the wool over your eyes” as he pleaded with Selna to take a second look at the facts surrounding the real estate deal.
“I ask you to please ask the prosecutor to double check her records,” Dawood said.
Noelle Marini made a victim impact statement to Selna that characterized Dawood relationship with her family as “calculated exploitation” of the victim.
“You drained him of his life savings,” Marina said of the victim.
When Battaglia questioned some of Dawood’s explanations, “You called him an old fool,” Marini said.
“Your actions have caused your own suffering,” Marini said.