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August 19, 2024

You be the federal judge: what sentence for former US Rep George Santos after his plea to fraud and identity theft?

The remearkable saga of former US Congressman George Santos closed one chapter in the same manner as many federal criminal prosecutions, namely with a guilty plea to a few of many charged counts.  But what sentence should shape the next chapter of the Santos saga?  This press release from the U.S. Attorney's Office in the Eastern District of New York, headed "Former Congressman George Santos Pleads Guilty to Wire Fraud and Aggravated Identity Theft," provides all sorts of details about Santos's misdeeds and starts with these basics:

Santos Admits He Filed Fraudulent FEC Reports, Embezzled Funds from Campaign Donors, Charged Credit Cards Without Authorization, Stole Identities, Obtained Unemployment Benefits Through Fraud, and Lied in Report to the House of Representatives

Earlier today, in federal court in Central Islip, former Congressman George Anthony Devolder Santos pleaded guilty to committing wire fraud and aggravated identity theft.  The proceeding was held before United States District Judge Joanna Seybert.   When sentenced, Santos faces a minimum sentence of two years’ imprisonment and a maximum sentence of 22 years’ imprisonment. As part of the plea Santos will pay restitution of $373,749.97 and forfeiture of $205,002.97.  Santos was initially charged in May 2023, and a superseding indictment charging Santos with additional crimes was returned in October 2023.

This USA Today article provides some context and more sentencing details:

Former Rep. George Santos, R-N.Y., who was expelled from the House of Representatives after being indicted on 23 federal counts including fraud and misusing campaign funds, pleaded guilty Monday in federal court to two of the charges.

The Long Island Republican faces a mandatory two-year minimum sentence after pleading guilty to wire fraud and aggravated identity theft.  But Judge Joanna Seybert estimated the term could range from six to eight years behind bars when he is sentenced on Feb. 7, 2025.  Santos also agreed to pay nearly $374,000 in restitution and to forfeit $205,000.

Santos had faced trial in September on charges including laundering campaign funds to pay for his personal expenses, charging donors' credit cards without their consent, and receiving unemployment benefits while he was employed. "I deeply regret my conduct and the harm it has caused and accept full responsibility for my actions," Santos said in a shaky voice in court.

Prosecutors said Santos told the truth about his criminal schemes for what seemed like the first time since campaigning for Congress. “He admitted to lying, stealing and conning people,” U.S. Attorney Breon Peace said in a statement. “His flagrant and disgraceful conduct has been exposed and will be punished."...

"Moving forward, I am dedicated to making amends for the wrongs I have committed," Santos told reporters outside the courthouse. "This plea is not just an admission of guilt, it is an acknowledgment that I need to be held accountable, like any other American that breaks the law."

So, dear readers, Santos himself says he needs "to be held accountable." How would you punish him to hold him accountable?

August 19, 2024 at 06:06 PM | Permalink

Comments

Ten years.

Posted by: anon | Aug 20, 2024 10:19:39 AM

I looked around at other Federal legislators who have been sentenced for similar crimes. I came across:

*Jesse Jackson, Jr. 30 months for misuse of $750,000 in campaign funds. It looks like he purchased personal items. He later plead guilty.

*Rick Renzi, Jr. Was convicted of profiting from land swap deals, to the tune of $750,000. Sentenced to three years. Later pardoned by Trump after prosecutorial misconduct came to light.

*Michael Grimm. Plead guilty to tax evasion. Wikipedia does not specify a loss amount, but the income under-reporting was apparently $900,000. Sentenced to 8 months.

*Chaka Fattah. Convicted at trial for trying to steer about $15 million in Gov't money to a campaign consultant in exchange for forgiving a campaign debt. Some of his convictions were later overturned (but not all). Sentenced to 10 years.

Comparing Santos to the others:
* It's unclear to me if the restitution is also the loss amount. If so, it's less than Fattah's and similar to the other three.
* His faking was extensive. I think it's worse that he both stole and misused funds. Contrast with Jackson who misused funds but did not steal them from donors. It will also probably count against Santos that he faked most of his life story, regardless of whether or not that part was a crime.
* He has earned a plea discount and should receive it.

Putting it all together, I think he should get 5 years. Less than Fattah, but more than the other three.

Posted by: William Jockusch | Aug 20, 2024 10:11:57 PM

6.5 years (24 months on the 1028A charge + 4.5 years on the wire fraud) Since there's an appeal waiver on anything over 8 years, I feel like there's some guidelines calculation that puts it at or under that number.

Posted by: anon | Aug 22, 2024 9:07:15 AM

He will get at least two years because of the agg id theft count. The more interesting question to me is whether he is at risk of losing his citizenship and being deported. If he lied on his naturalization application, which seems like a safe bet, he can be stripped of citizenship and removed.

Posted by: defendergirl | Aug 22, 2024 10:43:12 AM

Defendergirl,

He was born in the US.

Posted by: TarlsQtr | Aug 23, 2024 1:20:11 PM

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