Sate of Maine v. Jody B./ Flynn

West Bath, Maine, criminal defense lawyer represented the Defendant charged with theft by deception (Class B), 17-A M.R.S. § 354(1)(B)(1) (2026), and intentional or
knowing securities fraud (Class C), 32 M.R.S. § 16501(2) (2026); 32 M.R.S.
§ 16508(1) (2013).

Reported by Kent Morlan

Flynn created an entity named Icy Gulch Resources, LLC and raised
money from five investors who invested in Icy Gulch in the form of subscription
agreements and short-term loans, which are securities under Maine law. See
32 M.R.S. § 16102(28) (2026). She communicated false or misleading
information to the investors and omitted material information in order to
convince them to invest initially and to continue to invest.

* * *

“When a defendant challenges the sufficiency of the evidence
supporting a conviction, we determine, viewing the evidence in the light most
favorable to the State, whether a trier of fact rationally could find beyond a
reasonable doubt every element of the offense charged.” State v. MacKenzie,
2025 ME 79, ¶ 27, 345 A.3d 8 (quotation marks omitted). We “defer to all
credibility determinations and reasonable inferences drawn by the fact-finder,
even if those inferences are contradicted by parts of the direct evidence.” State
v. Edwards, 2024 ME 55, ¶ 17, 320 A.3d 387 (quotation marks omitted).

The jury found Flynn guilty on the theft by deception count on
November 4, 2024. Flynn filed motions for judgment of acquittal and a new
trial, and on January 16, 2025, the court issued a decision and order denying
those motions and finding Flynn guilty on the securities fraud count. The State
filed a motion for additional findings of fact and conclusions of law regarding
the securities fraud count, see M.R.U. Crim. P. 23(c), which the court granted in
part and denied in part. In April 2025, the court sentenced Flynn to three years’
imprisonment with all but nine months suspended for theft by deception and
nine months for securities fraud, to be served concurrently, and Flynn was
released on her own recognizance pending appeal. She timely appealed from
the judgment of conviction. See M.R. App. P. 2B(b)(1).

Affirmed

See: https://www.courts.maine.gov/courts/sjc/lawcourt/2026/26me054.pdf