Michigan Toy Soldier Owner Gets Jail Time in Director Peter Jackson Credit Card Fraud

Rick Berry, owner of the in Royal Oak, was sentenced to 10 months in prison and probation for running up nearly $200,000 in charges on Hollywood director Peter Jackson’s credit card.

Berry appeared before District Judge Robert H Cleland in federal district court in Detroit on Monday. He was also ordered to pay restitution and be under court supervision for three years following the completion of his prison sentence, according to the U.S. Attorney's Office.

Jackson is an Academy Award-winning producer, writer and director most notable for directing the Lord of the Rings film trilogy. Berry obtained Jackson's credit card information after Jackson made an online purchase from Berry's store.

Berry has not been available for comment this week. His store has been open all week and Berry is not in prison yet, store employees said.

Berry's attorney, David Steingold, would not comment following the sentencing. He said that he was hoping the judge would be lenient on Berry because he had paid back nearly half of what he charged to Jackson's American Express card. Steingold said he was hoping for house arrest.

Steingold said since Jackson became aware of the charges in 2007, Berry has repaid about $100,000, putting him halfway to paying the credit card charges in full. Court documents show Berry is paying about $1,885 a month toward the debt and additional funds generated from credit card sales are also used to repay the charges.

Steingold called Berry a well-respected community contributor, which he had hoped would make a favorable impression on the judge. Berry has two children and cares for his near 90-year-old ailing father on a daily basis, Steingold said.

Included in the many letters  submitted to the court and written on behalf of Berry was a letter from Principal Greg Carnacchi. "Mr. Berry is very conscientious and completes or fulfills any commitment he makes," Carnacchi wrote. "He is a very humble man, never looking to be the center of attention but rather seeking only to do what is best for his family or the children in the school."

The poor economy and the pressures to keep his business afloat led Berry to the bad decision to use Jackson's credit card, his lawyer said. “The idea was, he was going to pay it back right away,” Steingold said.