JACKSONVILLE, Fla. — Ahead of his sentencing for conspiracy and wire fraud next Tuesday, ex-JEA CEO Aaron Zahn is asking the court to sentence him to probation rather than a years-long prison sentence. In a new document submitted to the federal court, he utilizes his life story, including anecdotes about childhood bullying and his Olympic swimming ambitions to promote himself as "promising young man" who doesn't deserve to be punished. He faces a maximum of 25 years in prison.
Zahn was found guilty at the conclusion of a month-long trial, which began in February and ended in March. The jury agreed that Zahn had in fact conspired to embezzle federal property in 2019 when he created a bonus scheme that would disproportionately benefit JEA's top-ranking employees -- namely, himself. The plan relied on JEA being privatized and sold, meaning Jacksonville's residents would lose out on public ownership of the utility. Prosecutors say that had the plan been approved, Zahn could have made over $40 million.
Ryan Wannemacher, ex-JEA CFO, was also accused in the case, but was found not guilty.
The sole of Zahn's argument, similar to his attorneys' arguments throughout his trial, is that he should not be punished because he never successfully obtained the money. A memorandum Zahn filed Tuesday says that Zahn's punishment should not involve "speculative losses."
A memorandum filed by Assistant United States Attorney Tysen Duva on the same day responds to these claims, much the same as he argued during the trial: Precedent establishes that the money doesn't actually have to be stolen for the defendant to be guilty.
The two memorandums clash over what Zahn's sentence should be. Duva says that Zahn must be given a multi-year prison sentence which "reflects the seriousness [of the] offense, promotes respect for law, and provides just punishment." He writes that sentencing Zahn to probation would "send the message to public officials that one can conspire and attempt to fleece the Cirty of Jacksonville, but if you fail, there will be no incarceration consequences."
Beyond arguing over precedent and semantics, however, Zahn's memorandum goes a step further. The 31-page document is largely filled with Zahn's life story, beginning with his birth. It includes quotes from people who know him advocating for his character.
The memorandum includes several anecdotes from Zahn's life that allegedly shaped his character. This includes a time in fifth grade where "Aaron found himself the target of relentless teasing because as a child his head always appeared a bit to large in contrast to his body."
There is another story in the document about how Zahn's aspirations of swimming in the Olympics died in the summer before his senior year of high school when he "was severely injured when a gasoline can exploded, burning much of his upper body and resulting in a grueling recovery." The injuries "ended Aaron's dream of becoming an Olympic swimmer and became a pivotal moment in Aaron's life," but motivated him to focus on his studies, the document says.
A quote from Zahn's aunt says, "He would never swim for Yale. He would never make the Olympic team. He is young, the doctors told my sister. He will grow new skin. Disappointed but determined, Aaron eventually made it to Yale. He worked and studied with unhuman discipline to make the most of this second chance."
The document includes anecdotes Zahn helping homeless people and other public service activities, his early career and love for his wife and children.
It concludes with the defense's request for probation.
Zahn's sentencing is set for Tuesday at 2 p.m.