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October 8, 2021
With two defendants now convicted after trial, how steep might the "trial penalty" be in the Varsity Blues cases?
As reported in this Bloomberg piece, the first jury trial in the Varsity Blues prosecutions ended this afternoon: "Two parents accused of cheating to get their children into elite U.S. universities were found guilty of all charges, in the first trial stemming from a national college admissions scandal that ensnared dozens of families." Here is more:
Former Wynn Resorts Ltd. executive Gamal Abdelaziz, 64, was convicted Friday of two counts of conspiracy by a Boston jury after prosecutors alleged he paid $300,000 in bribes to get his daughter into the University of Southern California as a purported basketball player.
Private equity investor John B. Wilson, 62, was convicted of conspiracy, bribery, fraud and filing a false tax return after prosecutors alleged he paid more than $1.2 million in bribes to get his son into the University of Southern California and his twin daughters into Stanford and Harvard as star athletes.
After a three-week trial, the jury deliberated for about 11 hours before rendering the verdict. Abdelaziz and Wilson will be sentenced in mid-February. For both men, the most serious charge carries a maximum prison sentence of 20 years.
The verdict is a victory for prosecutors who charged 57 parents, coaches and others for taking part in the alleged scheme, which involved doctoring entrance exam scores, faking athletic prowess and bribery to gain seats at universities. An FBI sting unveiled in March 2019 swept up several prominent figures, including “Desperate Housewives” star Felicity Huffman and former Pimco chief executive Douglas Hodge. The case unfolded as the nation debated questions of privilege and inequality.
Thirty-three of the parents have pleaded guilty, with prison sentences ranging from two weeks to 9 months. Former U.S. attorney for Massachusetts Andrew Lelling, who oversaw the case, said he hoped the dozens of jail sentences would deter would-be scammers. He acknowledged it wouldn’t change what he said was parents’ unhealthy obsession with colleges as brands.
During the trial, prosecutors alleged that both Abdelaziz and Wilson had worked with college counselor William “Rick” Singer, the admitted mastermind of the scheme. The U.S. said both paid Singer to guarantee a “bulletproof” way of getting their kids into elite colleges. Prosecutors called 14 witnesses and showed jurors scores of emails they said was proof both men knew and understood Singer’s plan....
The government never called Singer, who proved a problematic cooperator. He kept some of the money parents paid him, tipped some off about the investigation and erased about 1,500 text messages from his mobile phone. He made notes saying federal agents wanted him to “bend the truth” when drawing the parents out and “retrieve answers that are not accurate.” Lawyers for both defendants assailed Singer as a con man who duped them into believing their funds were legitimate donations going to schools or sports facilities....
Four more parents are due to go on trial next year. One father was pardoned by former president Donald Trump.
I have done numerous posts about some of the defendants who were among the first to plead guilty and received relatively short sentences in this high-profile college admissions scandal (some of those posts are linked below). I have not closely followed some of the more recent sentencings, but the question in the title of this post highlights why I will have extra interest in how Abdelaziz and Wilson are treated by both the Justice Department and the sentencing judged. Helpfully, DOJ has assembled here all the cases charged and sentenced in the Varsity Blues investigation. From a quick scan, it does not appear that DOJ has sought a sentence in any of the plea cases of more than 18 months in prison; the longest imposed sentence has been nine months.
I would guess that the DOJ sentencing recommendations for Abdelaziz and Wilson will longer than 18 months, but how much? Does the high-profile nature of this case make it a bit less likely that DOJ will seek to go hard after these defendants, who seem like so many others save for their decision to test the government at a trial? (The amount of money and number of kids involved in the Wilson case may the the reason DOJ will cite for a longer recommended term.) In addition to wondering about DOJ recommendation, of course, it will be interesting to see how the sentencing judge decides to follow the requirement in 3553(a)(6) to consider "the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct." It seems we have to wait until 2022 for final answers to these question, but I welcome speculation in the comments.
A few of many prior posts on other defendants in college admissions scandal:
- Mapping out next possible celebrity sentencings in wake of indictment in college admissions scandal
- Big batch of federal plea deals (with relatively low sentencing ranges) in college admissions scandal
- Federal district judge rejects feds request for significant prison term in first sentencing of college bribery scandal
- Feds recommending incarceration terms from 1 to 15 months for parents involved college bribery scandal
- Noticing the interesting (but perhaps not too consequential) guidelines "loss" issue lurking in the college bribery cases
- Napa Valley winemaker gets five months of imprisonment, the longest sentence so far in college admissions scandal
- Catching up with another round of sentencings in "Operation Varsity Blues"
- Reviewing the sentencing dynamics as more parents get (minimal) prison time in "Operation Varsity Blues" college admissions scandal
- Longest prison sentence (six months) imposed in college admission scandal on big-spending dad
- Nine-month federal prison term (the longest yet) given to former CEO who paid nearly $1 million to benefit four kids in college admission scandal
- Felicity Huffman sentenced to 14 days in college bribery scandal
- Via video, Lori Loughlin and her husband get agreed fixed short prison sentences in college admission scandal
October 8, 2021 at 03:35 PM | Permalink
Comments
The thing I find insane about this saga is how these parents could have gotten their kids in the door legitimately for the kinds of money dropped on this scheme. And probably had it be legitimately tax deductible as well.
Posted by: Soronel Haetir | Oct 9, 2021 1:03:43 AM
I note this is the first case I have read where they were accused of tax fraud (filing a false return). I assumed most of the others did file false tax returns. Do you know if the others (e.g. Lori Laughlin) were charged with filing a false return? (retired)
Posted by: Dave | Oct 11, 2021 1:02:43 PM