A victim of Craig Carton’s multi-million dollar fraud program can’t get his refund any faster – despite the shockjock’s return to the air, a judge ruled Wednesday.
Manhattan federal judge Colleen McMahon said there is nothing she can do right now to expedite payments as the resurrected WFAN radio host is still technically in the custody of the Bureau of Prisons while he remains in custody for another year.
Gerard LoDuca, owner of Dukal Corp., asked a judge last week to expedite the reimbursement of the $ 435,000 Carton owed him as he’s back on the air and believed to be earning a high salary.
LoDuca also alleged Carton has made no payments since he was released from prison in June after serving roughly a year of his three-and-a-half year prison sentence.
Carton’s attorney Derrelle Janey responded that his client has already paid LoDuca and one other victim $ 25,000 – and that 15 percent of Carton’s paychecks goes into his $ 4.8 million.
According to Janey, Carton is also still on the hook for mortgages, child support payments and caring for his four children.
McMahon said the courts could not intervene in the reimbursement change plan until Carton’s house arrest ended on June 9, at which point he will be released under the supervision “under the watchful eye of the Southern District Probation Service.”
“It doesn’t seem that Mr. Carton is confined to his home,” McMahon said aside, noting that there is no reason he shouldn’t be able to broadcast from his home like he was doing during the pandemic has been. McMahon said she could not intervene on the matter at the moment, as Carton was currently the responsibility of the BOP.
If anyone thinks that Mr. Carton’s refund schedule should be changed, this is him
The time to bring the matter up will be when Mr. Carton finally comes under the judicial supervision, ”wrote McMahon. “There is nothing to be done at the moment.”
Carton was convicted of wire and securities fraud in 2018 for misusing funds. Investors gave him the option to buy concert tickets and use the money to pay off his gambling debts instead.
Janey told The Post, “We agree with Judge McMahon’s conclusions and appreciate your decision.”
LoDuca’s attorney John Martin told The Post, “We are pleased that the judge is taking Mr. Carton’s repayment obligations seriously and believes that they should take precedence over other obligations.
“As the judge instructed, we will await the Mr. Department review of the probation service.”
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