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July 28, 2006

Not a happy weekend for Bernie Ebbers

A long drive to give a lecture today has me very ready for the weekend.  But Bernie Ebbers, the former CEO of WorldCom, will not be enjoying the weekend as much as I hope to: the Second Circuit has affirmed his conviction and 25-year prison sentence. The opinion in US v. Ebbers, No. 05-4059 (2d Cir. July 28, 2006) (available here), is authored by Judge Ralph Winter. 

I will update this post when I get a chance to read the full opinion.  But I can whet everyone's appetite by relaying that, according to an FOB, the opinion includes "some interesting discussion of loss causation and reasonableness in white collar cases."

UPDATEAll the sentencing issues, and especially post-Booker reasonableness concepts based in the provisions of 3353(a), get short shrift in the Ebbers opinion.  Conviction issues are covered for 35+ pages, sentencing issues occupy less than 10.  And most of the sentencing pages discuss loss calculations, with co-defendant disparity and reasonableness review getting just a few paragraphs.  But this allocation of energies apparently reflects choices made by the defense team: the Ebbers opinions suggests that the defense did not argue that the 25-year sentence was unreasonable, even though one might readily imagine an elaborate argument that such a lengthy term of imprisonment is "greater than necessary" under 3553(a).

MORE: Further analysis and comments on the Ebbers decision can be found at TalkLeft and at the Second Circuit Sentencing Blog.

July 28, 2006 at 05:15 PM | Permalink

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Listed below are links to weblogs that reference Not a happy weekend for Bernie Ebbers:

» Bernie Ebbers Conviction and Sentence Upheld from TalkLeft: The Politics of Crime
Via Sentencing Law and Policy: WorldCom's Bernie Ebbers lost his appeal today. His 25 year sentence stands. The court opinion is here. (pdf) Among the grounds Bernie lost on: the unfairness of the use of snitch testimony when the government... [Read More]

Tracked on Jul 29, 2006 1:24:14 AM

» Bernie Ebbers Conviction and Sentence Upheld from TalkLeft: The Politics of Crime
[Reconstructed from Google Cache] Via Sentencing Law and Policy: WorldCom's Bernie Ebbers lost his appeal today. His 25 year sentence stands. The court opinion is here. (pdf) Among the grounds Bernie lost on: the unfairness of the use of snitch... [Read More]

Tracked on Jul 31, 2006 12:10:29 AM

Comments

Three cheers to Ralph Winter for his intellectually rigorous approach to the loss calculation issue.

Posted by: Steve | Jul 28, 2006 5:23:16 PM

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