Judge orders former landlord Miell to pay over $728,000

Landlord Robert Miell, who was sentenced last week to 20 years in prison, was ordered Monday by a federal judge to pay more than $728,000 in victim's restitution.

U.S. District Judge Mark Bennett said in his memorandum opinion that Miell “squeezed” an extra few hundred dollars from renters he thought “were too economically vulnerable or unsophisticated to contest his claims” in a damage deposit scheme. Miell also obtained insurance payments for hail damage through fake or inflated invoices and committed perjury in civil litigation with his insurer, American Family Insurance, and filed false tax returns in 2001 and 2002, Bennett wrote.

Miell, 56, of Cedar Rapids, who at one time was the largest landlord in Linn County, pleaded guilty to 18 counts of mail fraud and two counts of perjury. He was also found guilty by a jury in January 2009 of two counts of tax fraud. The charges stem from his fraudulent reports to American Family Insurance of more than $336,000 in storm damage at 145 properties.

Bennett ordered Miell to pay $547,764 in  a lump sum as restitution to American Family Insurance, $86,554 in a lump sum to each victim identified in the damage deposit scheme, and $94,080 to the Internal Revenue Service for delinquent taxes for 2001 and 2002. Restitution to American Family and the renters are due by Nov. 1.

Bennett said the delinquent tax amount can't be restitution. He can only order repayment of the $94,080 as a condition of his release.

Bennett, who gave Miell the maximum guideline 20 years, had some harsh words for Miell last week during sentencing. He called him a “poster child for every landlord that takes advantage of damage deposits” and told him he had “absolutely no doubt” he was guilty on all counts.

Bennett also imposed a $250,000 fine and $11,117 in cost of prosecution.

Miell is appealing  his conviction and the prison sentence, according to federal court records filed Monday. The appeal was filed with the Eighth Circuit Court of Appeals.