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Van Den Heuvel wants to dismiss attorney, federal prosecutors claim stall tactic

DE PERE, Wisconsin (From news reports) - Embattled businessman Ron Van Den Heuvel will return to court Friday with a request to dismiss his court-appointed lawyer.

Van Den Heuvel of De Pere was sentenced to three years in prison in January for conspiracy to commit bank fraud and, in an ongoing federal fraud case, faces 14 counts of wire fraud and money laundering for allegedly deceiving investors out of $9 million in his now-bankrupt Green Box recycling business.

Van Den Heuvel was jailed on July 6 after U.S. Judge William Griesbach determined Van Den Heuvel continued to attempt to defraud potential investors as the fraud case progressed.

Federal prosecutors responded that Van Den Heuvel's motion to dismiss his attorney is another attempt to delay the proceedings. The government asked Griesbach to keep the case on track for Nov. 13 jury trial.

LeBell was appointed to represent Van Den Heuvel when he was charged with bank fraud in 2016 and claimed he did not have money to pay for his own attorney. LeBell tried to withdraw as Van Den Heuvel's lawyer during a January sentencing hearing after Van Den Heuvel tried to refute terms of his plea agreement. Van Den Heuvel was sentenced to three years in jail in the case.

In his request, Van Den Heuvel said LeBell did not pursue Van Den Heuvel's claims that federal investigators illegally obtained documents, that LeBell was working with federal prosecutors without disclosing the details to Van Den Heuvel, and that LeBell took vacations and had back surgery instead of helping Van Den Heuvel prepare his defense.

"Defendant's counsel had a duty to prepare defendant for trial, not for a plea bargain," Van Den Heuvel wrote to the court. "Mr. LaBell (sic), during the course of defendant's cases took a vacation to Europe, hurt his back, went to China, went to South America, had back surgery and had his office relocated. The loss of time 12 weeks or more has prevented the defendant from preparing adequately for his case."

In his motion, Van Den Heuvel also asked Griesbach for an estimate of how much LeBell is owed so he can pay him for legal services provided to date and "on a needed basis."

U.S. Attorney Adam H. Ptashkin said the government is concerned his real motivation is to delay the trial and get released from jail while he works with a new lawyer.

"A change of counsel would potentially result in a delay as new trial counsel would likely request additional time to review the discovery," he wrote. "Yet, for the reasons stated at the Court's July 6, 2018 hearing (in which Griesbach ordered Van Den Heuvel incarcerated), the defendant should remain detained pending trial."

Wisconsin Department of Revenue records indicate Van Den Heuvel, his wife Kelly, and three companies registered in his name owe more than $1.2 million in delinquent taxes.

Ron Van Den Heuvel owes $553,961 in income tax, withholding tax and fees. Kelly Van Den Heuvel owes $307,469.55 in income taxes. Oconto Falls Tissue Inc. owes $246,406.79 in withholding taxes. Tissue Products Technology Corp. owes $105,324.52 in withholding, sales and business registration taxes. Eco Fibre Inc. owes $33,158.11 in withholding, corporation and business registration taxes.

The combined total of the five individuals and entities is roughly 26 percent of all delinquent taxes De Pere residents and businesses owe, according to the state's list.

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