A Manatee County jury July 7 returned a not guilty verdict in the case of a Bradenton man arrested in 2018 for alleged fraud.
Benjamin M. Conlon, 34, told The Islander July 15, “I’m relieved it’s over. It disrupted my life for five years.”
Conlon was accused of scheming to defraud Hurricane Hanks restaurant, 5346 Gulf Drive, Holmes Beach, and was arrested Oct. 11, 2018, on a third-degree felony charge.
He then was released on bond.
A warrant and complaint against Conlon from the Holmes Beach Police Department was based on the restaurant ownership’s allegations and bank records that allegedly showed extra payroll payments.
Conlon said the charge was unfounded and the complaint baseless. He said his salary at the restaurant, due to cash flow, sometimes was paid by check and sometimes cash.
Conlon was dismissed from Hurricane Hanks in June 2018, according to Islander archives.
He said he also lost his job at another local restaurant at the time of his arrest.
In the years after, motions, depositions and case management hearings were on the court docket, leading to a July 6-7 jury trial at the Manatee County Judicial Center in Bradenton.
Judge Stephen Whyte presided, with assistant State Attorney Eric Ross prosecuting and Bradenton attorney E. Jon Weiffenbach Jr. representing Conlon.
The jury instructions included several options, including to find the defendant guilty as charged, guilty of a lesser charge of theft or not guilty.
The jury returned the not guilty verdict in open court.
Ross, via email July 19, told The Islander, “While we believed there was enough evidence to prove the defendant committed the crime charged, we respect the jury’s verdict and appreciate the time and effort they spent on this case.”
Weiffenbach, via email July 19, said, “As it relates to Ben Conlon’s trial, the defense demonstrated the totality of the paychecks Ben Conlon received over the periods of time he was employed at Hurricane Hanks was less than his salary. As a result, despite Ben being in charge of payroll, there was no evidence to show he ever overpaid himself. Every month his salary was within pennies of being the same, the only variable being whether the month had four weeks or five.”
Weiffenbach added, “The verdict means he did nothing wrong.”
Following the trial, The Islander received via email several statements from Conlon’s family and friends seeking vindication in the media.
“It means a lot that people cared,” Conlon said.
Now, he said, he’s moving on, having launched a lawn service that helped him through the past few years, including dealing with a family health crisis.
The Islander did not receive a response from Hurricane Hanks July 15 requests for comments.
— Lisa Neff
Editor’s note: This report was updated July 19.