The U.S. Court of Appeals for the Third Circuit upheld the federal convictions of former Ocean County Republican Chairman George Gilmore, according to an announcement by Rachael A. Honig , Attorney for the United States.
Gilmore was convicted in April of 2019 on two counts of failing to turnover payroll taxes withheld from his employees of his law firm, Gilmore & Monahan, to the IRS and one count of lying on a loan application to Oceanfirst Bank.
In an opinion written by Judge Thomas Hardiman for a three-judge panel, the Court rejected Gilmore’s appeal that trial Judge Anne E. Thompson erred when she prohibited testimony from a psychiatrist that the former Chairman’s mental condition–an uncontrollable hoarding disorder–precluded him from having the intent (mens rea) of committing the crime of spending on collectables instead of remitting his employees taxes.
The Court also rejected Gilmore’s claim that Judge Thompson erred when she used the word “unlawful” instead of “criminal” when giving the jury instructions to determine willfulness.
Gilmore was sentenced to 366 days in federal prison by Judge Thompson. His surrender date has not been announced.Gilmore.Ruling-120420