Michigan Farmer Asks for No Jail Time

LINCOLN, Neb. (DTN) -- Attorneys for Springport, Michigan, farmer Gaylord Lincoln asked a federal court to place him on probation after he pleaded guilty to theft of public money resulting from a federal investigation into alleged federal crop insurance and farm benefits fraud.

Attorneys for the U.S. government last week asked the U.S. District Court for the District of Eastern Michigan to sentence Lincoln to prison for one year but Lincoln's attorneys told the court this week that their client has "deep regret and shame" for his actions.

Lincoln was indicted by a grand jury in 2022 on 13 counts, including wire fraud and mail fraud in connection with an alleged scheme to set up so-called sham farming operations using the names of family members and farm employees to apply for and receive additional crop insurance benefits he wouldn't have qualified for otherwise.

He later pleaded guilty to theft of public money under $1,000 as part of a plea agreement.

In a sentencing memorandum filed by Lincoln's attorneys on Feb. 11 they said his actions were "not driven by greed or lavish spending" but rather by an "overwhelming desire" to sustain his farming operation.

"In the wake of financial challenges following his divorce, he made a series of poor decisions, which he now deeply regrets," the memo said.

"He has not sought to minimize his wrongdoing and has cooperated fully throughout this process, including liquidating the vast majority of his assets."

Lincoln has paid back about $900,000 of the $1.2 million he agreed to pay as part of a plea agreement. The memo said he is attempting to sell a 50-acre parcel of land in order to pay the remaining $300,000.

In addition, the memo said probation would be a more appropriate sentence as Lincoln deals with ongoing health concerns.

"Mr. Lincoln plainly understands the seriousness of the offense," the memo said.

"He has gone from being a respected member of the farming community to a federal criminal. He is facing potential incarceration. As a result of his decisions, he will not experience the end-of-life that he had hoped for. Mr. Lincoln has already suffered considerable consequences, including the loss of a substantial portion of his farmland to satisfy his civil settlement, public humiliation, and damage to his reputation. He has endured ongoing emotional distress and financial uncertainty. Given these realities, a probationary sentence adequately serves the interests of justice."

Attorneys for the U.S. government said last week in a sentencing memo that the "totality of the defendant's relevant conduct involved nearly a decade of fraud" against the federal government.

Lincoln is a former USDA Farm Service Agency committee member who the government said was "privy to the innerworkings of the specific program he defrauded." The government has recommended jail time for Lincoln saying he took advantage of his position which serves to "heighten the severity of his criminality."

Lincoln's attorneys this week submitted multiple letters of support from family and friends who said he is a good member of the local community who is always willing to help.

"As a result of his decisions, Mr. Lincoln's life has been permanently altered," Lincoln's attorney said in the memo.

"He has all but lost his farming business. He has embarrassed his family. He has been suspended from USDA programming. Regardless of the sentence imposed by the court, there is no mechanism for Mr. Lincoln to engage in further economic crimes."

Read more on DTN: "US Seeks Prison for Michigan Farmer," https://www.dtnpf.com/…

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

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