As part of a plea deal, prosecutors dismissed the theft charge and amended the other charges to attempted securities fraud, attempted unregistered sale of a security and attempted misrepresentation during sale of a security.
Prosecutors said they would recommend a community control sentence if restitution of $10,000 was paid before the sentencing. The $10,000 was paid April 7.
Moser was accused of soliciting and receiving $10,000 from an Ohio resident for investment in a startup business based, in part, that the business was affiliated with an established business. The claimed business was never incorporated, according to the state Department of Commerce.
The investor funds allegedly were used for personal expenses.
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Defense lawyer Jeremy Tomb told Judge Jeannine Pratt that Moser had several convictions on his record but the most recent was more than 10 years ago.
"I truly did not intend to defraud anyone at any time," Moser said. "The last 10-12 years I did everything I could to turn my life around."
Pratt reviewed Moser's record between 1999 and 2004 including convictions for theft, bad checks and forgery, and noted he served two prison terms. She told Moser he would be going to prison without the joint recommendation for community control and Tomb's work to address the prior convictions.
"This is serious … I want you to keep that in the back of your mind," Pratt said. "Hopefully it will propel you … down the right path. I will follow (the community control recommendation) but put you on a tight leash."
Moser was ordered to perform 100 hours of community services, complete a court “Thinking for a Change” program and pay court costs.
If he violates condition of the community control, Moser could face up to 18 months in prison on each of the three charges.
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