MANHATTAN (CN) — A federal judge declared a mistrial Tuesday in the criminal case against a Colorado businessman accused of laundering money from a bogus charity that milked about $25 million from private donors who thought they were funding the construction of former President Donald Trump’s border wall.
The panel is "hopelessly deadlocked," U.S. District Judge Analisa Torres announced this afternoon of the jury that has been deliberating since last Tuesday — more than twice as long as the three-day duration of the trial for 51-year-old Timothy Shea that bookended the Memorial Day holiday weekend.
Shea, who owns a Trump-themed energy drink company called Winning Energy, stood trial alone, but he was charged in 2020 alongside three fellow co-founders of the group We Build the Wall: Trump political strategist Steve Bannon, Air Force veteran Brian Kolfage and venture capitalist Andrew Badolato.
From the beginning, We Build the Wall promised that 100% of funds raised would go toward construction of a wall on the U.S.-Mexico border. It quickly raised some $25 million in private donations on GoFundMe but built a mere 3 miles of fencing. The rest, according to charging papers, lined its founder’s pockets. Prosecutors said Bannon and Kolfage alone used more than $1 million in We Build the Wall donations to pay for a boat, a 2018 Land Rover Range Rover, a golf cart, jewelry, cosmetic surgery and other assets.
Kolfage and Badolato pleaded guilty in April 2022. Bannon, who was arrested off the eastern coast of Connecticut on a 150-foot yacht owned by Chinese billionaire Guo Wengui, meanwhile would circumvent liability in the case when Trump pardoned him on his last day in office in January 2021.
Shea faces three criminal counts — conspiracy to commit wire fraud, conspiracy to commit money laundering and falsification of records — each of which carries a maximum penalty of 20 years in prison.
U.S. Attorney Damian Williams said his office looks forward to retrying the case. “While the jury was unfortunately unable to reach a unanimous verdict in U.S. v. Timothy Shea, that in no way lessens our resolve or belief in the powerful and compelling evidence that we strongly believe proves his guilt," Williams said in a statement on Tuesday afternoon.
After the trial concluded Tuesday afternoon, a juror identified himself to reporters as the only member of the panel who did not vote to convict Shea. Roberto, no last name given, spoke briefly and evasively to reporters about his belief that there was reasonable doubt that the case should have been brought in the Southern District of New York at all. Roberto said he was "very surprised" the case was brought in Manhattan since "99 percent [the donations to We Build the Wall] are from somewhere else."
Other members of the jury told reporters meanwhile that Roberto fell asleep at points of the trial, ignored evidence during deliberations and was "hung up" on where We Build The Wall's money was coming from, even suggesting "maybe Trump gave them the money."
Roberto declined to comment outside the courthouse Tuesday when asked if he is a supporter of former President Trump.
The jury's foreperson, Richard from Nanuet, New York, told reporters that the holdout juror's stubbornness during deliberations was "like a fucking ventriloquist show."
Another juror, Lauren from the Bronx, described the trial's prolonged deliberations as "incredibly frustrating" and said the renegade juror "wasn't interpreting the law the way we were told to."
Signs of cracks in the trial first began to emerge Thursday, three days into deliberations, when the jury sent a note to Judge Torres saying they were deadlocked 11-1. The panel requested that Torres call up alternate to replace a juror who they said had voiced anti-government bias and accused them all of being liberals.