Associated Press
Lower Bail Sought Fo British Businessman

FARGO, N.D. -

The attorney for a wealthy British businessman accused of trying to smuggle his family into North Dakota is seeking to lower his client's $1 million bail.

David Hartley, 47, has pleaded not guilty in federal court to four felony counts of transporting and harboring illegal aliens. He was arrested in June after members of his family were discovered in hidden compartments of a motor home.

Defense attorney William Kirschner, who said his client has a net worth of more than $15 million, is asking U.S. Magistrate Judge Karen Klein to lower bail to $100,000 cash. Prosecutors filed a response Monday opposing the motion.

"Defendant's motion belies his grand declarations of great wealth and impressive holdings," prosecutors wrote. "His significant wealth and holdings really were his sole argument of why he was committed to returning and facing the criminal charges in this district."

Kirschner said during a detention hearing last week that Hartley has interests in construction companies and real estate in Florida. A Web site for Wilcox Homes of Ocala, Fla., lists Hartley as president and CEO of the company.

The federal court complaint against Hartley said he has "multiple convictions" in Britain for theft and at least one drug conviction.

Kirschner said in his motion that Hartley has used most of his cash assets in the last two months to pay business costs, expenses and legal fees. Kirschner said Hartley would be willing to pledge interest in his businesses and the $400,000 motor home.

Hartley's business "is in dire need of his presence," Kirschner wrote.

Prosecutors said the motor home is likely to be forfeited to the government. "The defendant's interest in the motor home effectively is zero," prosecutors wrote.

Hartley was arrested at the Westhope port of entry north of Minot. Authorities said his wife and two of his daughters were hiding under a slide-out bed, and another daughter was tucked into a sleeper sofa.

Hartley's wife, Ann, and his 21-year-old daughter did not have visas, the complaint said. David Hartley, a native of Liverpool, received a business visa in 2000.

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Like all illegal alien criminals, Hartley knew the US is the place to be when you are on the run... or want to expand your business.