BOISE — U.S. District Judge B. Lynn Winmill on Wednesday ordered Elaine Martin freed from the custody of the U.S. Marshals Service pending her Dec. 9 sentencing on 22 counts of mail fraud, wire fraud, conspiracy and filing false tax returns.
Federal prosecutors asked that Martin, president of MarCon Inc., be taken into custody following her conviction last Thursday. At the time, Winmill placed her into the custody of the Marshals Service, but said he would consider releasing her following a hearing.
Martibn agreed to several conditions imposed by Winmill. She consented to giving up her passport, disclosing all properties in which she has a financial interest, as well as those held by MarCon and an affiliated company, MC Group. She was also required to disclose professional or personal connections to any other companies.
In addition, Martin agreed refrain from becoming an employee, director, trustee or paid consultant for any companies besides those she is already connected with.
The government is seeking $9.2 million in cash and $2.7 million in homes and other properties owned by Martin and MarCon.
The government said Martin earned more than $9.2 million from fraudulent contracts obtained from the Small Business Administration and the U.S. Department of Transportation. Martin understated company and personal assets to make it appear MarCon qualified for millions of dollars worth of highway construction projects that should have gone to small, disadvantaged companies.
Co-defendant Darrell Swigert, a MarCon investor and one-time live-in boyfriend of Martin, was convicted of obstruction of justice in helping Martin cover up her crimes.
Swigert, owner of the Idaho Junior Steelheads hockey team and head of a charitable foundation, remains out of custody. He will also be sentenced Dec. 9.