Prosecutors are recommending a four to 12-year state prison sentence for talent agent Mark Measures, who is accused of stealing $1.8 million from clients. 

“We don’t believe he will be able to pay back any of the money to the hundreds of victims in this case,” Assistant District Attorney Rachana Pathak said in Manhattan Criminal Court Tuesday. 

Measures, owner and president of talent agency KMR, is alleged to have stolen the $1.8 million from 160 actors based in New York and about $26,000 from six employees between June 2021 and March 2024. Prosecutors allege that Measures used that money, which was held in an escrow account for clients, to pay for personal and operating expenses, pay off creditors, Four Seasons spa treatments, clothing, car payments and at least $55,000 for Los Angeles Crypto Arena seats. 

He was arraigned in April as part of a 40-count indictment, which included one count of scheme to defraud in the first degree, three counts of grand larceny in the second degree, 28 counts of grand larceny in the third degree, five counts of grand larceny in the fourth degree and three counts of petit larceny. Measures pleaded not guilty to the charges.

On Tuesday, Danielle Von Lehman, Measures’ court-appointed attorney, suggested that the two parties may be able to reach some kind of settlement in the coming months. 

“Our hope is to come to a resolution. Our hope really is a non-jail disposition,” Von Lehman said. 

As to the payment issue, Measures’ attorney said he would not be able to pay it back in one lump sum, but that still he has “some job opportunities” and would have to do a payment plan. Measures was also present in court Tuesday, after flying in for the hearing from California. 

In addition to the more than 160 victims in New York, there are victims in California and Georgia, resulting in more than 300 victims nationwide, according to prosecutors. 

Prosecutors added that they continue to receive calls from new victims, as recently as last week, and that if those claims are found to be valid, they would add additional victims to the case. 

Joe Gately, a New York-based actor who had been a client at KMR, attended the hearing Tuesday, as well as Measures’ arraignment. Gately had testified as part of the grand jury that led to Measures’ indictment after he had been booked on a national commercial and initially received payment and residuals from it, but then did not receive the $6,500 from KMR when the commercial was renewed for a third time. 

After following up, Gately said he received a call from Measures, who he said claimed the company was having problems with its payment system. He later received a check, which bounced. Gately eventually sued Measures in small claims court, and won, but has not been able to get the funds from Measures.

“I’ve been awarded a judgment from the civil case, but I have no way to collect it,” Gately said, adding that he sends emails and messages to Measures daily, but does not know if he has the funds to make the payment. 

“I’m the victim. I want to be here, and I want to let him know that I’m not forgetting this,” he said, adding that he would be in favor of the prison sentence. “I think he should do time.” 

The next hearing in the case is set for Sept. 5, in front of Judge Brendan Lantry, who was transferred the case this week. The judge strongly encouraged the parties to discuss possible disposition in the interim. If not, a trial date will be set at that hearing.