Leading up to the one-year, one-day sentencing of former Congressmember TJ Cox, it appeared Judge Dale A. Drozd would not be lenient.

At a two-hour hearing that finally began at 3 p.m. Monday at the Robert E. Coyle U.S. Courthouse in Fresno — scheduled for 10 a.m. but delayed by a crowded docket — Drozd, a 2015 Obama appointee, had little patience for Cox’s excuses.

Cox pleaded guilty to two counts of fraud after prosecutors dismissed 26 other counts as part of a plea agreement.

Drozd denied all objections lodged by Mark Coleman — Cox’s attorney — to the federal government’s sentencing memo. Coleman argued prosecutors overestimated the losses caused by Cox’s fraud schemes.

Coleman argued his client should be placed at a lower level under the sentencing guidelines, which could have reduced the prison term that Drozd considered.

The judge said the losses caused by Cox’s schemes — more than $3 million — far exceeded any restitution amount outlined in the plea deal. At times, Drozd adopted a mocking tone while summarizing the defense’s arguments.

“You put money that doesn’t belong to you at risk,” Drozd said, one of several moments in which the judge chastised Cox.

Drozd repeatedly emphasized that Cox’s conduct was not a one-time lapse or a case of financial bad luck.

“You were on a roll. This wasn’t a one-off. You kept digging yourself deeper,” Drozd said.

Still, Drozd listened to Cox’s pleas for mercy and the judge found his post-arrest work with the nonprofit Latino Equity Advocacy and Policy Institute to be of significant value.

On its website, the nonprofit says it works “to achieve economic, environmental and climate justice through leadership development, coalition building, community organizing, participatory action research and advocacy for racial justice.”

Drozd’s sentence was 29 months shorter than the 41 months sought by prosecutors but longer than the home confinement Cox requested. However, Drozd did impose $100,000 restitution on Cox, as requested by prosecutors, and will be on supervised release for two years after exiting prison.

Cox will report to federal prison in Lompoc on May 27. The date was another concession by the judge, allowing Cox to attend his son’s Naval Academy graduation a week earlier.

Cox may not serve the entire sentence in prison. Drozd indicated he would like Cox to be released early or transferred to a halfway house so he can return to work at LEAP.

Cox: ‘I’m Blessed’

Cox, a Fresno Democrat who served one term in the House of Representatives from 2019 to 2021, once delivered speeches on the House floor. He may have saved his most effective speech for the courtroom.

Calm and composed, Cox apologized for his actions.

“I’m deeply sorry. I made serious mistakes. I offer no excuses. I accept the consequences. I’m truly sorry for contributing to the loss of trust,” Cox said.

He said working at LEAP helped restore his sense of mission and commitment to living an honest life. He also apologized to his wife and family for the embarrassment he caused.

“I stand before you humble and remorseful. I ask for mercy so I can continue to serve my community and my family,” Cox said.

Drozd had the last word.

“It’s too much. It went on for too long,” Drozd said.

Drozd said Cox may have benefited from good fortune, noting that his investors ultimately thrived despite his actions.

“I would like to see Mr. Cox return to LEAP. The work he is doing is good,” Drozd said before imposing the 366-day sentence.

Outside the courtroom, Coleman summed up the previous two hours.

“Character counts, and that’s what the judge saw in this case,” Coleman said.

Cox offered his own assessment.

“I’m glad the judge pointed out there were no out-of-pocket losses. He struggled with why there were no complaints — it’s because people made money. The judge is a fair judge, and I’m looking forward to moving ahead with my life. I’m blessed. I’ve got a great family, great friends and a community that supports me,” Cox said.

Searching for Forgiveness

During the hearing, Drozd repeatedly asked why Cox’s business partners forgave him.

Prosecutor Jeffrey Spivak speculated that Cox’s partners ultimately made money despite his shady business dealings. He suggested the almond processing plant Cox partnered in may have wanted to move on, but concluded he did not know.

Spivak called Cox’s actions “a decade of theft, dishonesty and fraud,” urging the court to send a message that such conduct is unacceptable.

Terance Frazier, Cox’s partner in the Central Valley Community Sports Foundation, offered insight into why he was willing to forgive Cox. He was one of four people who spoke on Cox’s behalf.

Frazier said he had been given a second chance and asked the court to extend the same to Cox.

“He cared too much,” Frazier said of his friend. The two embraced afterward.

Others speaking on Cox’s behalf included Farah Gonzalez, an administrative assistant at LEAP; Lillian Weiland, a former Central Valley NMTC employee; and his son, Thomas Cox.

Last month, Weiland filed a whistleblower and wrongful termination lawsuit against Central Valley NMTC, alleging she was retaliated against for questioning bonuses paid to Oliver Baines, Cox’s successor at the company.

Victim Tells Court How Cox Failed to Repay Loan

One victim offered a statement. Teresa Thomas said she and her husband loaned Cox $100,000 with the promise of consistent interest payments. Cox initially repaid part of the loan but later stopped.

In tears, Thomas said her husband regretted the loan and felt ashamed for being duped.

“I hope he never gets a chance to do this to someone else,” she told the judge.

Coleman insisted the matter was not fraud but an inability to pay. Drozd expressed sympathy for Thomas and ordered the $100,000 in restitution.