Antonio Brown, a former Atlanta City Councilman and 2021 mayoral candidate, won’t go to prison for committing fraud.
U.S. District Court Judge Mark H. Cohen sentenced Brown on Thursday to time served, with 18 months of supervised release which will include eight months of house arrest. In doing so, the judge acknowledged that Brown previously served three years on supervised pretrial probation with no issues or infractions.
Brown, dressed in a blue suit with a fade haircut and glasses, stayed calm throughout the hearing. He used a tissue to wipe away tears seconds before Cohen issued his decision.
A federal grand jury indicted Brown July 29, 2020 on multiple felony charges of fraud, including making false statements on a bank loan application. Prosecutors alleged that years prior to Brown’s time on council, he lied about his income to get thousands of dollars in loans and credit cards for personal purchases, including a Range Rover and Mercedes Benz C300, before he falsely claimed identity theft.
The prosecutors dropped several charges against Brown after he pled guilty to a single count of bank fraud in January. Brown said he lied about his income on a 2017 application for a $75,000 bank loan that would have kept his business afloat.
Normally, the maximum sentence for fraud is decades in prison and $1 million in fines. The federal prosecutors agreed to ask Cohen to sentence Brown to 18 months of probation.
But on Thursday, attorneys for both Brown and the government asked Cohen for a sentence of 18 months of supervised release after they were told probation is prohibited under the law, because the offense is a Class B felony.
The prosecutors and Brown’s attorneys painted the former councilman as a good public servant who made mistakes due to desperation and his traumatic background.
“I refuse to be a victim through all of this,” said Brown, who paused in his speech to hold back tears. “There’s a saying, that we have to lie in the bed we make. Standing here today, I know that I’ve made mine and now I must accept the repercussions that come along with it.”
Brown said he applied for the loan to save his business amid several difficult events, including his failing health, surgeries to stay alive, and his business partner’s unexpected death. Brown said he rationalized inflating his income and assets because he needed to maintain his fashion line’s plans to nationally launch in department stores like Bloomingdales and Nordstrom.
Credit: Alyssa Pointer
Credit: Alyssa Pointer
Brown’s request also included letters of support from City Councilman Matt Westmoreland and six other current and former city councilmembers. His little sister, the youngest of 10, submitted letters along with two of Brown’s constituents and his longtime friend and business partner.
“Ethical, transparent, putting the residents of Atlanta first — Antonio was an honorable representative for this city,” according to a city council letterhead document submitted by councilmembers Westmoreland, Liliana Bakhtiari, and Andrea Boone. It was also co-signed by former councilmembers JP Matzigkeit, Carla Smith, Natalyn Archibong, and Jennifer Ide.
“And we offer a joint request for leniency in his case.”
During Brown’s sentencing, Cohen said the bank never gave Brown a loan in the first place, so no harm was done to the bank or its patrons. Cohen also said growing up as a school dropout, with parents involved in crime, impacted Brown’s choices.
However, Cohen said he was impressed with Brown’s “tough uphill battle” to turn his life around. As a councilman from 2019-22, Brown helped pass more than 60 pieces of legislation. Cohen even said he respected Brown’s “gumption” to run for mayor amid his legal challenges. Brown consistently maintained his innocence and vowed to fight the charges at trial during his mayoral campaign.
Cohen also said he admired Brown for continuing to work hard even after his political career ended. Brown said he’s opening the Stir House restaurant to provide affordable vegan food in downtown Atlanta later this year.
“You’re getting a break here today,” said Cohen, who noted the sentencing was below their standard guidelines. “No one wants you back in this position again.”
Cohen warned Brown not to commit any future crimes. And after the hearing, Brown surrounded himself with his legal team and his supporters outside of the courtroom to answer questions.
“I’m just ready to move forward with my life,” Brown said.
