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Follieri remains in New York's Metropolitan Correctional Center on $21 million bail. "We're working on putting the bail together," says his attorney Flora Edwards.
The Italian businessman reportedly had a big birthday bash planned on the jet-set island of Capri. Even if he does post bail, he will be confined to his home, with an electronic monitoring device and only be able to leave for medical, legal or religious reasons.
But, as of Thursday afternoon, PEOPLE confirmed Follieri was still behind bars, confined to a 7 1/2 by 8', two-man cell that also includes a bunk bed, a toilet, a desk, a sink and "just one, very small window," says the 33-year-old facility's public information officer.
Asked if anything is ever done to help mark an inmate's birthday, the officer responded with an emphatic "No."
Meanwhile, Hathaway, 25, has been thousands of miles away: She promoted Get Smart in Mexico City on Wednesday and in Australia earlier in the week. She split with Follieri earlier this month, before his arrest Tuesday on charges he defrauded investors with a scheme to flip properties owned by the Roman Catholic Church.
Follieri's next court date is a preliminary hearing scheduled for July 9, when a grand jury's decision whether to indict him will be announced.
A jury trial could be tough on Follieri, says legal expert David Berg, author of The Trial Lawyer: What it Takes to Win. "He has really taken advantage of a lot of people. To do it with the cloak of religion is despicable. I think a jury would be very hard on him."
Says Berg: "The best advice one would give this man is to start returning the money as soon as humanly possible and just say it was a mistake. It was all a mistake."
