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Judge Says She Can't Change Slumlord's Prison Sentence

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By ELAINE SILVESTRINI | The Tampa Tribune

Published: January 23, 2009

TAMPA - A federal judge said today she doesn't have the authority to change slumlord Steven Green's 33-month prison sentence to probation.

Attorney Edward M. Kratt asked U.S. District Judge Susan Bucklew to make the change because of his client's poor physical condition following a May 2007 accident in which he was hit by a car outside a New York nightclub.

Kratt said Green sustained severe, and likely permanent, brain injuries.

The accident happened about three months after Bucklew imposed the sentence for tax evasion and fraud. Green also was ordered to pay $4 million in restitution to Wells Fargo, but payment has not been completed as Green's representatives say his real estate empire has collapsed.

Green is in a New York treatment facility. He must receive around-the-clock care, can't walk unassisted and is often "in an agitated and combative state when touched by another individual," Kratt wrote in a motion.

Bucklew convened the parties in a status conference held by telephone in her courtroom.

She said she can't modify a sentence she has already imposed, absent a motion from the Bureau of Prisons or from the prosecution.

Kratt asked whether Bucklew could direct the Bureau of Prisons to review the case before taking Green into custody, with an eye toward making a motion to modify his sentence.

Bucklew directed Assistant U.S. Attorney Robert Mosakowski to file a response to that part of Kratt's motion. She said she didn't think prison officials would review the case before Green was in custody, but that they would most certainly do so after he is in custody.

Bucklew said she had no problem asking prison officials to review Green's medical condition after taking him into custody. She said she will draft an order after receiving the prosecution's written response to Kratt's motion.

Green managed low-income apartment complexes and was once one of Tampa's worst code violators.

He defrauded Wells Fargo by using a false Social Security number on a $9 million mortgage application for the Amberwood apartment complex on North Florida Avenue.

Reporter Elaine Silvestrini can be reached at (813) 259-7837 or esilvestrini@tampatrib.com.

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