Ninth Circuit Court DENIES Appeal For Convicted Extortionist Jarec Wentworth

Posted February 6, 2018 by with 41 comments

jarekryan44

Since he was sentenced in federal court over two years ago after being found guilty of extorting Republican millionaire Donald Burns, gay porn star Jarec Wentworth has been working to appeal his conviction. Today, that appeal was denied by the Ninth Circuit, meaning Wentworth (a.k.a. Teofil Brank) will remain in a Victorville, California medium security prison to serve out the rest of his six-year sentence. The decision was handed down this morning:

affirmd

The panel of three judges (one of whom was a replacement judge, after the original judge abruptly retired following claims of sexual misconduct) concurred to deny the appeal and affirmed the lower court ruling on Wentworth’s conviction. One of the three judges, however, took issue with the majority’s reliance on the Hobbs Act in upholding the extortion conviction. That dissenting judge, Stephen Reinhardt, wrote:

I strongly disagree with the majority disposition regarding the scope of Hobbs Act extortion. The Hobbs Act was not intended to, and does not, encompass injury, or threatened injury, to reputation. Application of our ordinary tools of statutory interpretation reveals ambiguity. The definition of extortion itself is muddled—the adjective “threatened” inexplicably modifies “fear.” 18 U.S.C. § 1951(b)(2). Moreover, all other violations of the Act require harm or threats of harm to person or property—indicating that the scope of harm for Hobbs Act extortion is similarly limited.

[…]

These oftimes drastic consequences require a special vigilance on the part of courts to ensure that only clearly prohibited conduct results in criminal sanctions. The rule of lenity is, consequently, a bedrock principle of statutory interpretation in criminal cases. See, e.g., Scheidler, 537 U.S. at 408. Moreover, because criminal law is primarily a local not a national matter, we require a clear statement of congressional purpose before interpreting a federal criminal statute to encompass conduct already subject to state criminal penalties.

Reinhardt concludes by stating he would actually overturn Wentworth/Brank’s conviction based on the Hobbs Act, but he ultimately still concurred with the majority:

Construing the scope of “extortion” as used in the Hobbs Act in light of these fundamental tenets requires us to resolve the obvious ambiguities against the government. Accordingly, I would overturn Brank’s convictions under the Hobbs Act. I concur in the remainder of the majority disposition.

Jarec Wentworth/Teofil Brank will be released from prison on May 8th, 2020, which is just over two years from now.

  • Hereweare

    In their joint plea to the judge, 90% of guards signed a deposition stating that they were all bottoms, and simply weren’t done with him. The remaining 10%, all women, objected. No one listened.

  • Xzamilloh
    • blkrys

      what scene is it from?

      • Xzamilloh

        His scene with some guy named Ryan. It’s probably still on the site

        Yup: It’s still there.

        https://www.seancody.com/tour/movie/1517/ryan-jarek-bareback/trailer?ats=eyJhIjo3NzQ5NiwiYyI6NDExNjUxNjcsIm4iOjI3LCJzIjoyMTksImUiOjc4MjQsInAiOjJ9

        Need a membership to watch

        • Tim

          “some guy named Ryan” also known as Colt Rivers. now there is a stupid story wrapped multiple layers deep. that scene was so hot, but boy oh boy the drama of those two.

          • elyp

            Wait, what?

          • Tim

            ryan is colt rivers, and if you believe the guy’s twitter feed from when Jarec went to jail, they were evidently best friends, with all the drama that would entail. and also, all the stuff that happened not to long thereafter with Colt which Zach covered pretty damn thoroughly

          • elyp

            Oh, so the “full story” is in this blog? OK then.

  • WillG

    As best I can tell this is not a ruling on his appeal, just a rejection of the filings he did himself without his lawyer. They rejected them because YOUR LAWYER HAS TO FILE MOTIONS ON YOUR BEHALF TEOFIL, dumbass. I didn’t know he filed two of them, we had only been privy to one here.

    • Zachary Sire

      This is in fact the ruling on his appeal, and it’s also a rejection of the filings he did himself.

      • WillG

        Yeah I was just about to post an addendum, it does appear from the dissent to be a general ruling. I guess I was confused because you only excerpted the part about his pro se filings.

        • Zachary Sire

          The document with the full ruling is 13 pages long, and it goes into complete detail about why they’ve upheld the conviction.

    • Rickman

      You’re absolutely right.

  • Scrapple
  • Anonymous

    l’m still wonder why he’s at a medium security prison. All inmates with sentences of less than 10 years are automatically assigned to camps unless there’s violence in their case. The only thing l can think of is that they intend to deport him as soon as his sentence is up.

    • Estelle

      That’s what I wondered as well, his status seemed iffy on that front. Either way he’s going to have a hard life after prison as a high profile convicted felon.

      • Xzamilloh

        Looking like that? Oh, he’ll bounce back. There’s a sucker born every minute, and a few of them with fat wallets.

        • Tim

          exactly. See Jensen, Cliff or Young, Sebastian.

    • imaxly

      where is he from? i thought he was american!

  • BoomPow
  • Zealot
  • Trepakprince

    I’m going to make him a care package. Before you know it 2020 will be here, Trump will be re-elected and Teofil can be the new face for Czech Hunter or some other Eastern European porn site.

  • Rickman

    No decision has been filed on his appeal. The memorandum you quote merely affirms the Court’s refusal to entertain the appellant’s pro submissions while he is represented by counsel. If the Court were to deny his appeal, there would be more than a memorandum of the decision. There would be a detailed explanation.

  • sxg

    https://uploads.disquscdn.com/images/b7d10a1329283c8eebaac92c9bc4cabe4ab7ae4af5864ea1f8d296afc60dac7d.gif
    News of Jarec is nothing but a snoozefest until he’s finally out. Thankfully for Jarec fans he’ll always have a place at Men. And so will Topher.

  • peter

    Burns’ political affiliation is immaterial to the crime. A grifter like Brank looks at bank accounts only. Burns is a fool for setting up for this sting, but foolishness isn’t a crime.

    I wonder if a condition of his release is being deported to Romania?

    • Zachary Sire

      The Romanian thing is resolved, and my understanding is that he did prove to be a naturalized U.S. citizen.

      • Anonymous

        Fyi, if he is indeed a naturalized U.S. citizen, he may be eligible for RDAP (Residential Drug Abuse Program) which may reduce his sentence by up to 18 months. ln his filings, he seems to believe he is eligible.That means he could be out in 9 months.

  • Jason MacDonald

    When will the Str8UPGayPorn in-prison interview with Mr. Brank be published?

  • James Cameron

    Jarec needs to shut his yap and do his time and once out, MEN.COM will immediately put him back to work churning out gay porn. Look at happened with Cliff Jensen…he was only out a day or two and MEN.COM had him back to filming for them.

  • harley quinn

    i’m really curious as how jarec looks now i bet he looks messy lol

  • Geo Mendez

    Bye Felicia….😜

  • John Iii

    Well there should be plenty of man ass for him to eat in prison. He was a master at it and clearly loved doing it

  • WhimsyCotton

    This isn’t over yet. Damn those judges, I refuse to take back my prediction!

  • Lance

    i’ll wait for you Jarec!

  • Marcus Collack

    “Kill a few people here or there, nobody cares, but you take $500 million and the law will never stop looking for you.” – Phillip Stroh.
    (Crazy MF, but he was right)
    In this case it was 500,000 but it still applies, although I would still like to see the evidence, and the text
    messages, not just a transcript, my inner Annelise Keating senses are tingling…(very Sam Beckett right now) … and I’m nosy.

  • YandyDandy

    I would love to see a picture of him now.

  • Hari Kalyan

    so put me down for one of those conjugal visits