New York prosecutors oppose Colorado trial for accused border wall scammer
Federal prosecutors in New York are opposing a request from Timothy Shea, a Castle Rock resident indicted for allegedly defrauding hundreds of thousands of dollars from investors, to move his trial to Colorado.
“Mr. Shea’s Castle Rock, Colorado home is not just a mere residence. It is the nucleus of his family, business, and personal and professional ties,” wrote John Meringolo, Shea’s New York City-based attorney, in a court memorandum. “He has zero ties to New York and does not travel out-of-state with any frequency – the only time he was ever in New York was as a child to attend a Yankee game. To travel cross county and face trial in a state completely foreign to him would be beyond an inconvenience, but rather, an injustice.”
Shea, in conjunction with President Donald Trump’s former adviser Steve Bannon and two others, stands accused of wire fraud and conspiracy to commit money laundering in connection with the “We Build the Wall” fundraiser. Reportedly, the group represented that all of the money would be used for construction of a U.S.-Mexico border wall. In fact, the funds went to support the “lavish lifestyle” of one of the defendants, according to acting U.S. Attorney for the Southern District of New York, Audrey Strauss.
The $25 million crowdfunding effort defrauded donors in the Southern District, which includes Manhattan and neighboring counties, prosecutors allege.
Shea’s attorney also argued that the location of possible witnesses in Colorado, the absence of “We Build the Wall” activities in New York, and the need for Shea to run his energy drink company in Colorado all favored a transfer. The company, Winning Energy, claims to include “liberal tears” in its beverages, and its Facebook page posts regular content in support of Trump, who campaigned in 2016 on a promise to build a border wall and make Mexico pay for it.
The U.S. Attorney’s Office countered that moving Shea’s trial alone to Colorado would be burdensome, considering his alleged co-conspirators would still face proceedings in New York. They further argued that Shea had not identified any witnesses in Colorado who would be unable to attend a trial on the East Coast.
“During the period of the charged conspiracy, Shea also took several trips – including to cities near New York like Boston and Scranton – which belies the notion that Shea is incapable of traveling to the East Coast and underscores Shea’s apparent ability to mitigate any inconvenience that could arise from him being out of the state of Colorado,” Strauss wrote in her office’s memo opposing the transfer.
The prosecutors also looked at the Internet pages of Shea’s energy company and determined there was nothing “intrinsically local” about his operations that required his continued presence in Colorado.
Each of Shea’s charges has a maximum sentence of 20 years in prison. According to the Associated Press, Shea, Bannon and the other co-defendants have pleaded not guilty, and a trial is scheduled for May.


