Although Ary did a great deal to help preserve space history and promote the state of Kansas during his years with the cosmosphere, melgren said he also needed to be held accountable for treating "public" property as his own. "Only in Hollywood are people all good or all bad melgren said of Ary's actions. "We felt he should be held responsible for them." At the cosmosphere, museum President and Chief Executive officer Jeff Ollenburger said he learned about the verdict via a phone call from a nasa investigator in Wichita. Most museum staff members, he said, probably heard the news from television reports. "I don't take any personal satisfaction out of the verdict Ollenburger said, although he indicated that he felt a "tremendous sense of relief." Prior to the verdict, Ary, dressed in a navy jacket with a blue shirt and reddish tie, seemed in good spirits, smiling. After presiding juror Ken Troyer of lyons presented the verdict to the judge, ary showed little emotion as an assistant. Thomas Marten read.
Later tuesday afternoon, jurors determined that Ary would forfeit a total of 124,140 for his crimes. Prosecutors had asked that Ary give up a total of around 150,000. In all, jurors found Ary guilty of three counts essays of mail fraud, three counts of interstate transportation of stolen property, two counts of wire fraud, two counts of theft of government property and two counts of money laundering. Ary's sentencing is scheduled for Jan. He faces up to five years in federal prison and a 250,000 fine on each count of mail and wire fraud. He faces a maximum of 10 years in prison and a 250,000 fine for the other charges. Ary and his attorney, lee thompson, declined comment tuesday. Speaking to reporters outside the federal courthouse,. Attorney eric Melgren, who helped prosecute Ary, said he was pleased with the verdict. According to melgren, the decision indicated that jurors didn't believe ary's claims - made in testimony Friday - that he made honest mistakes when he sold Cosmosphere and nasa property. Ary, who helped drive the cosmosphere's growth from a small planetarium to a museum with one of the world's most extensive space artifact collections, testified that he accidentally intermingled items from the cosmosphere with his own collections in 1999, which resulted in him selling some.
Ary faces up to five years in federal prison and a gps 250,000 fine on each count of mail and wire fraud and a maximum of 10 years in prison and a 250,000 fine for the other charges. Jury convicts Ary on 12 counts by Chris Green, The hutchinson News november 2, 2005 — a federal jury found former Kansas Cosmosphere and Space center President Max Ary guilty tuesday of stealing and selling space artifacts from the museum he co-founded. After seven hours of deliberations, a jury of nine women and three men convicted Ary of 12 counts of wrongdoing involving artifacts housed at the cosmosphere during Ary's tenure. However, jurors acquitted Ary on a charge of interstate transportation of stolen property and a count of money laundering related to Ary's sale of items in a may 2000 auction in California. Ary led the cosmosphere for more than 26 years before leaving for an Oklahoma city museum in 2002. The jury did not render a verdict on three charges, which were presented to them as alternatives. Ary, 55, of Edmond, okla., had pleaded innocent to 19 charges against him and denied all wrongdoing. A tape recording of the Apollo 15 mission and a signal conditioner both owned by the national Aeronautics and Space Administration and on loan to the cosmosphere, were among the items that Ary was convicted of taking and selling for his own benefit.
He said that the five contributing astronauts all have given to the cosmosphere in the past. "And they all feel very strongly about the backstabbing that your yo-yos up in your area have given to max Ary. That's my observation he said. "Anytime you have to go into the courthouse to seek restitution, you've got two strikes against you. So if you people up there think that you're doing wise by what you're doing, there's an awful lot of astronauts that are going to feel to the contrary, and they're lining." Hammert said the cosmosphere could mini be hurt by Ary's conviction. "I don't know where this deal will ultimately go, but I suspect that the hutchinson facility will hear of this for a long time to come hammert said. Through Daniel Bateman, community outreach manager for the cosmosphere, executive director Jeff Ollenburger said he had no comment on the web site or any of Hammert's statements. The site also encourages Ary's supporters to write letters to district Judge. Thomas Marten, and to mail them to lee thompson, Ary's attorney, both in Wichita, prior to the scheduled Jan.
A message on the site says Ary and his wife jan have incurred more than 500,000 in "legal and other accumulated expenses" and that his planned appeal of the convictions will add to the costs. A jury also determined that Ary would forfeit 124,140 for his crimes - three counts of mail fraud, three counts of interstate transportation of stolen property, two counts of wire fraud, two counts of theft of government property and two counts of money laundering. Visitors to the site can either send donations or contact Walter Hammert, an Oklahoma city certified public accountant. (Tom) Stafford, who is a client of mine and one of the astronauts in the state of Oklahoma, was instrumental in concluding that we ought to do this to assist Max hammert said. Hammert also was a member of the board of directors of the kirkpatrick Science and Air Space museum at Omniplex, where Ary served as director after leaving the kansas Cosmosphere and Space center in 2002. So far, Stafford, cernan and Schirra - along with astronauts Alan bean and the family of the late jim Irwin - have contributed to Ary's defense fund, hammert said. However, he declined to say how much has been donated. "We do anticipate additional astronauts will be contributing because we feel very strongly about this down here, and we think it has been a gross miscarriage of justice for the judicial system to do what they have done to max Ary hammert said.
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Ary was convicted in november on a dozen federal charges related to theft and fraud. Sentencing was set for 8:30. That day before judge. Thomas Marten, said Ary's attorney, lee thompson, wichita. While attorneys on either side haven't filed motions seeking departure from best federal sentencing guidelines, such submissions likely will be made in a few weeks, Thompson said. Ary, 55, was convicted in federal court of stealing and selling space artifacts while president and ceo of the cosmosphere. A federal jury found him guilty nov.
1 on three counts each of mail fraud and interstate transportation of stolen property, and two counts each of wire fraud, theft of government property and money laundering. Ary faces up to five years in federal prison and a 250,000 fine for each count of mail and wire fraud. The other charges could land him a 10-year stint in prison and a 250,000 fine. Astronauts launch Ary aid defense by matt McNabb, The hutchinson News January 1, 2006 — a jury convicted former Cosmosphere director Max Ary last fall of stealing artifacts from the space museum. Now, three former astronauts have set up a web site to pay plan his legal expenses. The site, m, was established by Thomas Stafford, eugene cernan and Wally Schirra.
"The United States seems to claim that every space artifact which. Ary ever touched or possessed was the property of the kansas Cosmosphere." one document submitted by Ary's attorney, lee thompson, states. Thompson argues that several boxes of Cosmosphere artifacts that Ary took when he moved from Kansas to oklahoma — an action that resulted in his conviction on interstate transportation — were not lost to the government but were returned. The defense also contends Ary should not be liable for losses suffered by those who bought items from him at Internet auctions and then turned them over to the government "upon an unsubstantiated claim they belonged to nasa or the cosmosphere.". The judge can consider "actual loss" or "intended loss" for sentencing purposes. Prosecutors are unlikely to file any memorandums in the case, said Jim Cross, a spokesman for the office.
"The government will make its arguments in open court at the sentencing hearing Cross said. Besides monetary loss, other issues the court can consider are whether the crimes were part of "a sophisticated scheme whether Ary's actions harmed the museum's reputation and whether it was a "cultural heritage resource." All can increase the potential sentence. The defense, according to its filing, will ask the court for a downward departure in sentencing because the "crime was nonviolent and neither sophisticated nor complex." Additionally, the defense claims the crimes were "atypical behavior resulting from aggravating circumstances" and that Ary "poses no risk. Ary's attorneys cite the more than 100 letters filed with the court in support of Ary and that numerous people, including "former colleagues, astronauts and co-workers" testified to Ary's character at trial. The letters include one from Ary's most recent employer, the kirkpatrick Science and Ominplex in Oklahoma city, whose board of trustees president states the board "recommits itself to contract with. Ary to work on projects, exhibit and other activities.". Ary's attorneys also say letters from former astronauts Richard Gordon, eugene cernan, walter Schirra, thomas Stafford, Alan bean and James lovell show support for Ary. None of the letters has been made public. Ary sentencing reset for may 15 by The news staff, The hutchinson News February 22, 2006 — a federal judge tuesday reset sentencing for Max Ary, former ceo of the kansas Cosmosphere and Space center, for may.
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That moves Ary to a level 16 and a prison sentence of less than two years. If other defense arguments are accepted, it could move ary to a level 10, which calls for a six- to 12-month sentence. It also would move ary into a different offense "zone which allows the court to order community or house arrest, rather than prison. The defense indicated in reviews its court filing that it will ask the court to grant Ary probation or house arrest. The difference in loss estimate by the two sides is based on a number of factors. The defense claims the government included items listed as missing but not specifically linked to Ary's conviction. That includes a number of items, particularly films, Ary claims were his and not property of the cosmosphere or nasa.
Thomas Marten in Wichita. Court filings by Ary's lawyers that contest a presentence investigation report give some insight into issues the defense likely will raise at Monday's hearing. Federal sentencing guidelines take into account the type of data crime committed and an individual's history of criminal behavior. Adjustments can be made, depending on aggravating or mitigating factors, which push a case up or down the sentencing grid. According to the defense filing, prosecutors argue ary should fall at offense level 22 on the grid, based on the loss to victims being greater than 200,000. That would give ary a prison sentence ranging from three years, five months to four years, three months. The defense, however, contends the loss is less than 70,000.
counts each of wire fraud, theft of government property and money laundering. A routine audit conducted by the cosmosphere staff in 2003 first found that hundreds of artifacts were missing from the museum's collection, which in turn led to the discovery of the unauthorized sales. Ary maintained he was innocent, testifying that he had made mistakes and confused museum and government property with his own. The following first appeared in The hutchinson News. It is reprinted here with permission. Ary sentence hinges on value of loss by john Green, The hutchinson News, may 12, 2006 — a key issue that likely determines whether former Kansas Cosmosphere founder and ceo max Ary goes to prison for selling stolen nasa and Cosmosphere artifacts centers on the. Ary, 56, of Edmond, okla., was convicted nov. 1, 2005, on a dozen federal charges, including three counts each of mail fraud and interstate transportation of stolen property, and two counts each of wire fraud, theft of government property and money laundering. His sentencing hearing begins at 8:30.
Space news space history and artifacts articles, messages space history discussion forums, sightings worldwide astronaut appearances. Resources selected space history documents, websites related space history websites advertisements, full coverage: Former museum director Ary indicted for selling Cosmosphere's artifacts. Article Index: Ary sentenced to three years in prison. May 15, 2006 — max Ary, former Kansas Cosmosphere and Space center President was sentenced this morning to 36 months in federal prison for his role in stealing and selling space artifacts from the museum, The hutchinson News reports. District court Judge. Thomas Marten also ordered an additional supervised release period of 36 months that will follow the prison sentence. "I think a prison sentence is important in your case said Judge marten while delivering his decision, "for people to get the message the wichita revelation eagle reports. Ary will also pay restitution for the stolen space artifacts, which includes property that belonged to nasa and the cosmosphere.
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