Court Denies Stamp Sentence Reduction

LINCOLN, Neb. (DTN) -- Former Decatur, Michigan, farmer Michael Stamp will be required to serve out his remaining sentence on crop insurance and bank fraud through 2026 after a federal judge denied Stamp's request for a reduction in sentence.

On Nov. 1, 2023, the U.S. Sentencing Commission's amendment 821 took effect, otherwise known as the "2023 Criminal History Amendment."

Offenders who did not receive criminal history points at the time of sentencing and whose offense does not include aggravating factors including crimes of violence or sex-related offenses could retroactively seek a reduction in sentence.

Stamp, who is currently serving an eight-year prison sentence after pleading guilty to crop insurance and bank fraud in 2021, filed a motion in the U.S. District Court for the District of Western Michigan on March 14, 2024, requesting a sentence reduction.

Stamp is on track for release from prison on Dec. 16, 2026. He was also sentenced to five years of supervised release.

In an order handed down on March 27, 2024, U.S. District Judge Paul L. Maloney denied the motion, saying Stamp was sentenced with "aggravating" factors.

"Here, defendant received a four-level enhancement for being an organizer or leader," Maloney said in his opinion. "This renders him ineligible for a reduction under Part B of the amendment. Similarly, defendant is not eligible under Part A of Amendment 821 because he did not receive 'status points.' Since Amendment 821 does not have the effect of reducing defendant's guideline range, he is not eligible for a reduction in sentence."

Stamp's motion wasn't the first time he has challenged his sentence.

In October 2021, the U.S. Court of Appeals for the Sixth Circuit dismissed Stamp's appeal. He alleged the district court abused its discretion in rejecting a five-year sentence in an initial plea agreement.

Stamp argued that his eight-year sentence was unreasonable because errors were committed while calculating the sentence.

The appeals court said Stamp "knowingly and voluntarily" waived his right to appeal.

"Specifically, the district court ensured that the appellate-waiver provision of the agreement was read in open court; that Stamp had reviewed that provision with his attorney; that he understood the rights he was giving up and the limited exceptions to his waiver; and that he voluntarily wished to plead guilty pursuant to that agreement without threat or coercion," the appeals court said.

"In consideration for his guilty plea and waiver of appellate rights, Stamp received a sentencing cap 22 years below his statutory maximum and an agreement by the government to dismiss charges against his codefendant wife."

THE LEGAL PROCESS

Despite reaching plea deals on felony charges in April 2019 connected to a Chapter 11 bankruptcy, Michael and his wife, Melissa Stamp, were possibly heading to trial after a judge ruled an original plea agreement from Michael Stamp did not meet sentencing guidelines.

At the end of March 2020, Maloney granted a U.S. Department of Justice request to withdraw Melissa Stamp's agreement, as well, because it was contingent on Michael Stamp's guilty plea.

According to a December 2017 indictment, the losses in the fraud totaled about $60.5 million.

According to court documents in Stamp's individual bankruptcy case, Wells Fargo claimed it had made a $68 million loan in December 2011 based on representations that Stamp Farms and its affiliates farmed 46,000 acres. Audits later could uncover only about 27,000 acres, the bank claimed.

Stamp Farms' assets were eventually auctioned off to Dennis Boersen, the owner of Zeeland, Michigan-based Boersen Farms.

The indictment said Stamp rapidly increased the number of acres the company farmed by acquiring agricultural land leases from landowners in southwest Michigan, "often by paying above-market rates."

Over the years, Stamp relied on "large" operating loans and credit agreements. In addition, the indictment said Stamp used crop insurance payments to pay for some of his operation, including covering lease payments.

Starting in 2011, Stamp needed money to keep his farm going and to pay off an outstanding loan. Between March and December, Stamp provided false information to obtain about $68 million in credit from Wells Fargo by misrepresenting the amount of land he farmed and the value of his farming assets, the grand jury said.

According to the indictment, when the bank extended his credit, Stamp continued to provide false information about his operation. In addition, Stamp submitted false claims to the Federal Crop Insurance Corporation to get crop insurance payments.

The Stamp Farms bankruptcy case left southwestern Michigan landowners and creditors jolted by what legal experts believe was, at the time, the largest grain farm bankruptcy in U.S. history.

The Stamps' legal cases were tied up in court after they filed bankruptcy on their farm operation in late 2012.

Read more on DTN:

"Stamp Farms Case Takes Turn in US Court," https://www.dtnpf.com/…

"MI Farmer Reaches Second Plea Agreement," https://www.dtnpf.com/…

Todd Neeley can be reached at todd.neeley@dtn.com

Follow him on social media platform X @DTNeeley

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