May 12, 2005
Report on today's Enron barge sentences
I'm back on-line with lots to report after a day away. Let me start with news from federal district courts, where we learn from this article the Judge Ewing Werlein, following the path he set out in prior sentencings (detailed here and here), imposed below-guideline sentences for three more defendants connected to the Enron Nigerian barge fraud case. This development, considered also with this news report of two former executives of NewCom Inc. also receiving below-guideline sentences, brings up yet again the issues I raised in this post about whether we there is a distinctive pattern of leniency in white-collar cases post-Booker.
UPDATE: Peter Henning at the White Collar Crim Prof Blog comments on the sentencings and related issues in this post.
May 12, 2005 at 08:21 PM | Permalink
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I suppose only some judges then have leniency for white collar crime, as the 5th cir. handed out 40 years, for a fraud crime, and the only reason they got the conviction was with prejudice. 480 months for wire fraud and money laundering. http://www.dallasnews.com/sharedcontent/dws/news/city/collin/stories/042905dnccofrconvict.58fe84f0.html
Posted by: Jessica T. | May 13, 2005 5:04:29 PM
It is a national unwritten policy in most countries that have capitalistic economic policies of not to punish or be lenient with influential and powerful persons. The full force of the law is only for the poor and underprivilaged.
The reasons can be three:
[a] Those judging are also their peers with membership of the same execlusive clubs, associations and alma mater;
[b] Those who judge small time offenders generally have comparatively little power and thus show their power by imposing maximum penalties; and
[c] Penalising the rich and famous will adversly effect the economy and thus is not in the national interest. Further it is in the nations economic interest to negotiate the penalties and even assist the accused.
Posted by: Gursharan Singh C.M.I.I.A. | Jun 21, 2005 9:35:44 AM