Judge will rule on failure to appear for Alan Lucas

A Cedar Rapids man convicted in 2013 for bilking investors out of thousands consented to waive his right to trial and allow a judge to rule on his failure to appear charge.

Alan Lucas, 43, was convicted of ongoing criminal conduct and first-degree theft and was sentenced last year to 25 years in prison. The failure to appear charge stemmed from what happened at his trial.

Lucas fled to Wisconsin before the last day of trial. His attorney told the court he didn't know what happened, but Lucas' mother told a judge that her son had purchased a plane ticket to India and was going to leave the country. Authorities arrested him in Wisconsin and he fought extradition back to Iowa for several months.

Lucas was charged with felony failure to appear and he told a judge during a hearing that he didn't flee the state. He explained that he went to Wisconsin to retrieve documents for his lawyer that they needed for court the next day but didn't make it back.

Linn County Attorney Jerry Vander Sanden said the jury pool was released before noon and 6th Judicial District Judge Paul Miller is reviewing minutes of testimony taken through depositions. Judge Nancy Baumgartner, who presided over the trial and Assistant Attorney General Rob Sand, who prosecuted the case, are among those who provided testimony for the failure to appear case.

Vander Sanden said allowing the judge to rule on the minutes of testimony is 'kind of in between a plea and a bench trial.” Lucas isn't admitting guilt but agrees to allow a judge to make a verdict based on the testimony taken in this case.

Judge Miller will provide a written ruling. If the judge finds him guilty, he faces up to five years in prison.

According to trial testimony last year, Lucas purchased Convenant Investment Fund from associate Noah Aulwes in May 2010 and then Aulwes transferred nearly $190,000 from the fund to Lucas, but the 40 investors were not informed of the transaction.

Lucas then took the investors' funds and paid off his personal credit card, rent for his company Asherlee Management, property taxes, purchased a BMW and other items, according to trial testimony.

Aulwes, 58, of Cedar Rapids, was convicted of securities fraud and other charges in December 2012. He was sentenced to 10 years and ordered to pay victim restitution. Aulwes was paroled in 2013.

Lucas also was ordered to pay $130,820 in victim restitution.

Last year, the Iowa Supreme Court upheld the Iowa Attorney General's Office civil judgment awarded for more than a $1 million against Lucas and eight businesses he controlled.