Judge OK's Magic Store Owner's Request to Seal Psychological Evaluation
Sentencing scheduled for Sept. 6.
A judge in federal court approved a request Wednesday to seal from the public the psychological evaluation of a Medford business owner who admitted to more than $560,000 in credit fraud.
Harry Levy, owner of Hank Lee's Magic Factory, will have his sentencing memorandum sealed from the public. The memorandum, to be filed by his attorney, will outline Levy's request for sentencing on charges of credit card fraud and issuing false statements, which stem from him making over a half-million dollars in unauthorized charges on one customer's credit card then misleading investigators, according to court filings.
In a motion Aug. 17, Levy's attorney requested the sentencing memorandum be sealed.
"The memorandum contains personal information about the defendant in which the defendant has a protected privacy interest that outweighs any interest of the public knowing the defendant’s background," Sussman wrote.
In an order entered yesterday, U.S. District Court Judge Patti Saris approved the request. Levy is scheduled to be sentenced on Sept. 6. The credit card fraud charge carries a sentence of up to 15 years in prison, while the issuing false statements carries a maximum of a 5-year term. In previously filed court records, prosecutors said they would seek a term on the "low end" of sentencing guidelines, plus restitution, in exchange for Levy's guilty plea, which was entered in April.
Levy admitted to making 134 unauthorized transactions on a customer's American Express card totaling $561,927 between 2009 and 2011. When federal investigators sat down with Levy in September 2011, he blamed the fraud on other people defrauding the victim, and the victim himself, according to a court filing.
The Magic Factory, a widely-known business in the magic community thanks to its online ordering, has remained open for business. In July, prosecutors filed a motion for forfeiture of property, which would allow the government to seize Levy's assets in order to obtain restitution.