Supreme Court upholds $150K restitution in securities fraud

HAMILTON (AP) — The Montana Supreme Court has upheld a $150,000 restitution award in a securities fraud case against a Hamilton pastor, but reversed his conviction for fraudulent practices and sent the case back to District Court for a new trial.

Harris Himes was convicted in September 2013 of failure to register a security, failure to register as a security salesman and fraudulent practices. He was sentenced to three concurrent 10-year commitments with the Department of Corrections.

Prosecutors alleged Himes cheated a church member out of $150,000 by telling the man the money would be invested in a factory in Mexico that didn't exist.

The Supreme Court ruled Tuesday that District Judge Loren Tucker erred by giving the jury a definition of "fraudulent practices" that was not in effect at the time of Himes' actions and overturned that conviction.