A former Wellington man had his trip to prison for bank fraud delayed Monday after argument over the amount of loss in the case caused a continuance.
    Martin E. Guthrie, 42, of Bel Aire, pleaded guilty to one count of bank fraud on March 13. Guthrie was charged with bank fraud after he submitted fraudulent information to Security State Bank of Wellington in order to obtain a $495,910 loan.
    For several years, Guthrie owned and operated Guthrie Wholesale Auto in Wellington located on east US 160 across from the new Wellington Wal-Mart. He later moved the business to the Augusta area.
    Most recently he operated MGM Autos on South Broadway in Wichita.
    In court paperwork, Guthrie explains in 2005 and 2006, he had obtained “floor plan” financing from Security State Bank in the amount of $495,690.
    According to moneyglossary.com, floor plan financing provides a business with a loan to acquire inventory, with the loan being “retired” as the items are sold. Automobile dealers are most often the ones to use asset-based financing.
    Court records indicate Guthrie used false vehicle “buy” sheets and fraudulent vehicle titles to obtain the money.
    Guthrie took a plea agreement in March, but sentencing was delayed Monday after a motion made by Guthrie’s attorney, David Moses.
    Moses filed two motions for his client’s sentencing, a downward departure or reduced sentence motion and a motion arguing the amount of loss in the case.
    Moses stated to Federal Court Judge J. Thomas Martin that Security State Bank was asking for restitution in the amount of $440,092.73. He stated Guthrie was more than willing to pay back all the restitution, though Moses argued it was not the right amount.
    Moses said because Guthrie and the bank had a “long standing relationship” and since the bank had given Guthrie monies before the filing of false documents by his client, the restitution amount should be scrutinized and not include money given to Guthrie before the filing of the false documents.
    The defense attorney also argued the amount of loss in the case —which Moses estimated to be under $220,000 — could change the severity of Guthrie’s crime from a Level 18 to a Level 16, possibly reducing the sentencing guidelines.
    “This should be a civil matter and should not be added to the loss lent to my client without the reliance of false documents,” said Moses, continuing. “They are trying to take the entire amount of money owed them. Bootleg monies that have nothing to do with this criminal case.”
    Martin asked Moses if he had any documentation to prove his case with Moses saying the evidence was given to him by Assistant U.S. Attorney Allen Metzger.
    “I’m absolutely, completely in the air as to the amount of loss in this case,” said Martin.
    He continued the case asking both attorneys to provide explanations as to how they came to their amount of loss and to provide documentation with their argument.
    Additional witnesses may be called in to testify on the stand at Guthrie’s next court date at 9 a.m., Monday, Aug. 11.
    The plea agreement calls for Guthrie to spend more than two years in prison with three years of supervised parole.