Former owner of Evans Diner faces jail term

The president of Two State Construction Co. should be reporting to prison soon to serve out his sentenced prison term for his part in a conspiracy which defrauded Monsanto-Searle Corp. out of millions of dollars.

But nobody is saying when or where he's going.

In addition to more than $2 million in fines and the forfeiture of the Evans Diner, Clifford C. Poston was sentenced to 30 months confinement followed by three years of supervised release at his November 22 sentencing.

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Poston was sentenced to voluntary surrender, which means the Federal Bureau of Prisons will send him a letter stating when and where to report to serve the time.

Tracy Billingsley, a bureau spokesman, would not release the exact date or confirm a date has been set. But, Poston is listed as "In Transit" on the bureau's website.

The delay between someone sentencing and going to jail is normal, said a U.S. Marshals Office representative who would not give his name. The delay - usually 2-3 months - gives bureau officials time to find a place for Poston in crowded federal prisons, the spokesman said. As a side effect, offenders on voluntary release have time to get their affairs in order before reporting.

Not showing up on the reporting date adds five years to the existing sentence, the Marshal representative said. Poston must report to his probation officer and follow other guidelines until his date arrives.