Showing posts with label Sentencing. Show all posts
Showing posts with label Sentencing. Show all posts

Friday, May 20, 2011

Sir, You Are a Really Bad Man, Go to Jail for 1 Day and Don't Do It Again!


The Columbus Dispatch is reporting on the 1 day jail sentence meted out by U.S. District Court, Senior Judge Peter C. Economus.  Economus ordered Ryan K. Blankenship to serve 1 day followed by 5 years of probation for defrauding lenders who provided loans for central Ohio properties in 2006 and 2007.  This unusual sentence was recommended by the AUSA and reflected Blankenship's cooperation in the investigation of the fraud he helped perpetrate.  Nice deal. 

An excerpt from Kathy Lynn Gray's story for the Dispatch follows:

"Cheating on loan applications and lining his pockets with kickbacks sent a former Gahanna mortgage broker to federal prison today, but just for a day.  During a hearing in U.S. District Court, Senior Judge Peter C. Economus ordered Ryan K. Blankenship, 43, to spend a single day behind bars for defrauding lenders who were providing loans for central Ohio properties in 2006 and 2007. [Judge] Economus also ordered [Mr. Blankenship] to pay $617,869 in restitution and be on probation for five years.

Blankenship pleaded guilty in June to bank fraud and money laundering.

Economus issued his sentence at the recommendation of Assistant U.S. Attorney Brenda S. Shoemaker, who said Blankenship had not organized the loan scheme and provided significant information about others involved.  [ . . . ]

Investigators from the IRS, U.S. Housing and Urban Development Department, and Columbus police had combed through records at Blankenship's Household Mortgage Solutions in Gahanna after uncovering the scheme. [ . . . ]

Court records show that the fraudulent loans totaled $1.5 million for the properties and a loss of $617,869 to the lenders. Blankenship collected $87,881 in payments and kickbacks, the records show.
Blankenship has left the mortgage business and now owns a fitness center, court records show."
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I knew a number of guys at FCI, Morgantown who would have benefited from this sort of sentencing.  It's practical, wise, and consistent with what I've come to believe sentencing in certain white collar financial crimes should be about.

Monday, September 27, 2010

Contempt of Court

The Oregonian's fabulous court's writer, Aimee Green,delivers again with her report on the Multnomah County Circuit Court Judge who slammed a local defendant on multiple counts of contempt of court and homicidal high-risk driving.  This is Aimee Green's story:

"Up until the moment the judge sentenced him, 25-year-old William Kinney III insisted he was above the law. That's why he was carrying cocaine and driving in 2007 even though his license had been revoked as a teenager after crashing into another car. The impact killed a man and severely injured the man's wife.  That's why Kinney skipped out on court date after court date, forcing authorities to issue a warrant for his arrest in 2008 and 2009.   And that's why he was driving again in May 2010, when police finally found and arrested him. He was held in jail until his trial last week in Multnomah County Circuit Court.

Judge Leslie Roberts showed Kinney that he wasn't above the law when she sentenced him Friday to 5 1/2 years in prison.   The judge also took the highly unusual measure of finding Kinney in contempt of court 12 times, for loudly and repeatedly interrupting and talking over her and the attorneys. The judge sentenced Kinney to an additional four months in prison and ordered him to pay a $3,000 fine.

Kinney dug a deep hole for himself, one that wouldn't have been so deep if he had accepted a pretrial plea offer from the prosecutor: plead guilty in exchange for about a year in prison.   Jurors deliberated for about 20 minutes before finding Kinney guilty of two counts of driving with a revoked license and possessing a substantial quantity of cocaine.

When Kinney got a chance to speak at his sentencing hearing, he reiterated the point he had made many times before. He is a sovereign individual, an 'indigenous' man, a 'remnant of the divine people. I'm an endangered species to this continent,'  he said.  He said that he answers only to God and not to the laws of Oregon

Prosecutor Ryan Lufkin used Kinney's words to urge the judge to send him to prison for 5 1/2 years, as long as possible under Oregon sentencing guidelines, to protect the public from him. Lufkin noted that Kinney's disrespect for the law had resulted in death before.   In 2002, when Kinney was a 17-year-old student at Cleveland High School, he was driving a carload of his friends back from lunch when he crashed into a car just blocks from school. Kinney was speeding and driving without a valid license.

Ann Goetz, 74, was seriously injured and her husband, Fred Goetz, 83, died. Kinney pleaded guilty to the juvenile equivalent of hit-and-run driving, third-degree assault and criminally negligent homicide, and was sentenced to six years of incarceration. His license was revoked for life, although Oregon law allows him to ask to get it back after 10 years.   'He repeatedly keeps driving,' Lufkin said. 'We are going to see Mr. Kinney again. He is not going to obey the law.'

Earlier this year, a judge ordered a psychological review of Kinney, and he was allowed to proceed to trial.

Kinney's attorney, James Britt, asked the judge not to give Kinney the maximum as punishment for Kinney's unpopular beliefs and lack of 'sophistication. Mr. Kinney suffers from an inability ... to understand a complicated system,' Britt said, adding that 2 1/2 years would be a fitting sentence.  

The judge didn't take long to decide that Kinney should spend more than double that in prison. By continuing to drive, Roberts said, 'you're playing Russian roulette with everyone's lives.'

Kinney will be eligible for 20 percent off his prison sentence. That is, if he follows the prison's rules."
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If you needed an example of mental illness in the petri dish of ego, this is it.  You could probably add the bacteria of immaturity and race to have a complete picture of what's going on here.   The comedian Chris Rock has instructive video dealing with "how not to get your ass kicked by the police," which would have been helpful to Mr. Kinney, had he viewed it before he opened his mouth in court.

I do not understand disrespect in court--from anyone. 

Tuesday, September 7, 2010

Former Miss Anchorage, Rhodes and Fulbright Scholar Scam Artist?


This woman (pic), Rachel Yould, is a former Miss Anchorage, Fulbright and Rhodes scholar and a convicted fraudster.  The Anchorage Daily News account of her pending sentencing is mystery story on its own.  This is from Lisa Demer's story: 

"Prosecutors say Rachel Yould, a former Anchorage Rhodes and Fulbright scholar, is a master manipulator who should spend six years in prison for misusing hundreds of thousands of dollars in student loans. They say she should pay more than $800,000 in restitution.

Yould, despite her guilty pleas to 15 felony counts of federal mail and wire fraud and making false statements, says she is innocent and that the whole case is based on misunderstanding. Her troubles are rooted, she said, in the sexual and physical violence she suffered as a child and into adulthood at the hands of her biological father. Her lawyer argues that she shouldn't go to prison at all, but instead should be sentenced to probation so that she can repay what she owes.

The defense says her efforts to escape her father's reach led her to create a second identity for her own protection; prosecutors say it was a scheme to draw down more student loan money because she had reached her lifetime limit.

A sentencing hearing is scheduled for Wednesday and Thursday in U.S. District Court in Anchorage. Judge John Sedwick will decide her fate. The judge allowed two days for the hearing, noting 'the unprecedented volume of paper filed by the parties in anticipation of the sentencing.'

Whatever happens, the life Yould envisioned as a bright young scholar is gone.

'As for just punishment, Rachel Yould has already been punished beyond any sentence the court can impose,' her attorney, federal public defender Rich Curtner, wrote in his sentencing memorandum to the judge. 'Her life has been on hold for four years. Her career is finished, her reputation is ruined, her former life in remnants. After all of her work and research, her Doctorate is unobtainable. She faces a staggering debt she is committed to repay.'

[So She Set Up A New Identity and Got a New SSN]
Yould, 38, is a 1990 Bartlett High graduate and 1996 Miss Anchorage, though she says she gave up the title so that another contestant could get the scholarship and travel benefits. She graduated from Stanford University with a 4.0 grade point average, then went to Oxford University in England as a Rhodes scholar, where she earned her master's degree in oriental studies.

By 2001, Yould had won a Fulbright scholarship and was working on her doctorate comparing the Internet in Japan to its counterpart in the United States. Her studies took her to Keio University in Japan.  That same year, Yould found out she had reached the $60,000 lifetime cap in Alaska's student loan program. And she applied for a new Social Security number through a program intended to protect victims of domestic violence, the Harassment, Abuse & Life Endangerment program. It took her nearly two years to obtain the new number.

Between August 2003 and May 2006, while Yould was living in Japan, she obtained 19 student loans for almost $680,000, prosecutors say. They say her lies included telling lenders she was a medical student, forging documents from real academics, and listing her former name, Rachel Hall, on loan documents as a co-signer.  She parked some of the illegally gained money in a Smith Barney investment account and played the stock market, earning more than $50,000 on her investments. With the rest, she started a high-brow international affairs journal. At one point, she hired former Truman Scholars to interview people in Iraq.

And for much of the time the loan money was pouring in, she wasn't even in school and didn't incur tuition or other fees, prosecutors say.  Yould and her supporters say she created the second identity with government approval to hide from her father [who she says sexually abused her and], whom she says was stalking her. She used both names to get loans 'on the explicit instruction of Social Security Administration personnel,' Curtner wrote in his sentencing memo.

In all, more than $650,000 of her student loan funds were obtained fraudulently, prosecutors said.

[Allegations of Sexual Abuse Against her Father]

Yould wrote two long statements to the judge about her studies, the loans and her accusations against her father. She wrote of genital mutilation, childhood rape, harassment and stalking. Her parents divorced when she was young and the abuse usually happened when she visited him, she wrote. Her lawyer calls her father a sexual sadist. She said she has internal injuries as a result of the abuse.

But prosecutors challenge many of her assertions, and her father has never been charged criminally with sexually abusing her.  Once when she was a child, she blurted out to parents of the children next door that her father was beating her and hurting her in other ways, she said in a March statement filed in court. They scolded her for telling lies and called her father, she wrote.  In an attempt to explain [in her sentencing statement] why she felt powerless to hold him accountable, she recounted one grisly and bizarre scene that she said haunts her more than the abuse itself.

She was a young woman visiting her father's home looking through her stuff in the basement when something caught her eye.

"I walked close and stared and then suddenly felt like a cosmic jolt had just vacuumed all of the air out of my chest," Yould wrote to the judge in a 150-page statement filed on Friday. "It was a hunk of desiccated flesh pinned to the wall and I knew from the approximate size and shape and just the nature of life in that house that it was mine. It was a piece of me pinned to the wall. I had had a portion of flesh pulled from my right hip in an event I will not even attempt to describe here, and there it was, pinned to the wall."

She [ . . . ] sought a restraining order against her father in 2002 after the Social Security Administration told her that one was typically provided as justification for a new Social Security number. While she won a temporary order, her request for a long-term protective order from an Alaska judge was denied since she was living in Japan and her father was in Georgia. But she didn't tell the Social Security officials that, prosecutors noted.  Prosecutors say that Yould is the sole source of much of what she contends. The medical records provided to prosecutors don't include the sort of injuries she describes, assistant U.S. Attorney Retta-Rae Randall wrote in the prosecution's 120-page sentencing memorandum.  'The case is not about abuse, but about lies and greed,'Randall wrote.

The government never argued that she wasn't abused, Randall wrote. Rather, 'it requested corroboration when the details became more fantastical after Yould learned that she was under investigation. If Yould can fly all over the country for medical evaluations for her case, then she could have, at a minimum, provided the names of one or two hospitals from which records could be subpoenaed.'

In her statement, Yould disputes she was motivated by greed. She says she never lived lavishly and used the loan money for her studies. 'I have owned one car in my 38-year lifetime. It was the 1985 Honda Accord my parents bought when we moved to Alaska when I was 13 years old,' she wrote. Her wedding ring was her great-grandmother's. Most of their time in Japan, she and her husband lived in a 485-square-foot apartment.  She says the prosecution will never believe her history of abuse because the police were never called, and there isn't much in the way of medical records from the time. Plus, with her academic success, she says she doesn't seem like the type of person who had been through so much.

By claiming to be a victim, [AUSA] Randall wrote, '[Yould] wrapped herself in an untouchable defense. It is a continuing manipulation of the court.'"
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Believe what you wish to believe, but don't get too distracted.  Rachel Yould committed faud and admitted it.  Likewise, I evaded my tax obligations.  The stories of our lives may or may not impact the disposition of our legal matters.  My father was a child molester, and his violent and abusive behavior against me and my brothers created space for him  to commit his crimes against my sisters and other young girls.  Don't take my word for it, my sisters and other victims say so.  I fled the family home, like my brother did before me at 17.  I take my sisters' word for it--I should have taken the word of my sister, M. without doubting her.  But I injured her with my doubt. 

Rachel Yould may or may not have been a victim of sexual abuse;  while I find her story beyond bizarre, many times over the years the most bizarre stories of child sexual abuse proved true.  Clients would come to our office and describe something so strange, bordering on the unbelievable and then produce a letter in the hand of the perpetrator acknowledging the facts, or a cassette recording of a confrontation, pornographic photographs, or other evidence of bizarre inexplicable crimes by family members, clergy or close family friends. 

Rachel Yould is a brilliant, educated, sophisticated woman, and, a convicted liar--now ask yourself, where did she learn her dark arts?  Bet I can make an educated guess, bet you can too.  The next question is, what disposition will deter her from further criminal activity?    It's a mystery.

Friday, July 16, 2010

Sentencing of Ex-Officer Mersherle Examined

Bad Lawyer covered at some length the tragedy in the inexcusable killing of Oscar Grant by foremer Oakland, California BART Officer Johnannes Mesherle who was convicted by a California jury of involuntary manslaughter.  Judge Robert Perry ordered Mesherle into custody immediately, and Judge Perry faces a complicated set of issues in appropriately sentencing the white former police officer in the reckless killing of the unarmed black Mr. Grant.  The San Francisco Chronicle has an excellent analysis of the problems facing Judge Perry in arriving at the right disposition.

Saturday, January 9, 2010

Now Kill a Man with Your Flying Maserati, That'll Be Probation

On the heels of the sentencing of former emergency room physcian Dr. Christopher Thompson to 5 years for assault on cyclists with his Infiniti sedan, in L.A., I'm stunned to read the story of the flying Maserati killer who got probation. 



That's right, according to the Columbia (SC) Post and Courier, John Ludwig, a wealthy South Carolinian businessman will do no time for killing Frederic Bardsley, this is from the Associated Press account:

 "A South Carolina businessman who pleaded guilty to plowing his speeding Maserati through a house, killing a 62-year-old man inside, will not serve time in prison for his crime, a judge ruled Friday.  Circuit Judge James Williams Jr. affirmed his previous sentence of three years probation for John Ludwig, 37, in the death of Frederic Bardsley.  Bardsley was killed April 25 after Ludwig's Maserati hurtled through a field at speeds of at least 85 mph, launched off an embankment and plowed into the back of Bardsley's Greenville home. Ludwig, whose attorneys say he lost control after swerving to miss several deer, suffered minor injuries in the crash. Bardsley's wife was also home but was not injured.  Ludwig, a former college football standout, was originally charged with murder but pleaded guilty in November to reckless homicide. Williams sentenced Ludwig to serve three years probation and do 500 hours of community service, saying he was impressed by the multimillionaire's charitable works.  'He's admitted his guilt,' [Judge]Williams said. 'It's evident to me that he has been very unselfish.' 

The prosecution was recommending 10 years.  Ludwig walked.


Apparently, Ludwig is somewhat out-of-control, Ludwig avoided jail time for a  prior incident involving an assault on a man Ludwig accused of having an affair with his wife. 

Seems Mr. Ludwig is able to spread a lot of money around, very quickly to make his troubles go away, for instance, noen of the Bardsley family was present at the hearing held by Judge Williams to reconsider the sentencing in light of the outcry by the prosecution--why, wll they were paid $3 million dollars to settle the wrongful death claim.

Look, I'm not saying Judge Williams is corrupt, in fact what I'm able to ascertain from public sources, this is a distinquished jurist;  but, the Judge should not be surprised to find law enforcement scrutinizing his bank deposits, and the bank deposits of family and friends for some time. 

Barry Scheck said something on Talk of the Nation the other day relating to the power of rich white men to positively effect outcomes for themselves under our system that seems to be corroborated by this example.

Friday, December 18, 2009

Texas Justice--Wonderland

Texas likes it's reputation for being "tough on crime" as documented repeatedly at Bad Lawyer but the Dallas Morning News is reporting this morning about the extraordinary story of the "trustworthy" self confessed rapist-kidnapper who pistol-whipped his uncle on two occasions was given a "defferred probationary" sentence by a local judge, Judge John Creuzot (see pic).  This means, Lemondo Simmons walks, once again from the consequences of his violent crimes.  Yes, dreams do come true, Texas.


According to the DallasNews.com, "Lemondo Simmons kidnapped a couple from Dallas' West End in 1992 and raped the woman. Another man spent 16 years in prison for the crime before DNA evidence freed him. Simmons then confessed, but he was never charged because the statute of limitations on his crimes had passed. "  Charming.

According to the report, Mr. Simmons claimed under oath that he was "trustworthy" and didn't need electronic monitoring as asked for by the county probation department. Judge Creuzot agreed!

Judge Creuzot hits the radar for another head scratcher as well, a former Dallas police officer, Randy Anderson got himself all drunk and disorderly and pulled a loaded gun on country music singer, Steve Holy.  Creuzot gave officer Anderson 45 days!    Most jurisdictions, that would be a mandatory 10 years.

Tuesday, October 20, 2009

Criminal Sentencing and Other Hoaxes (Balloon/Attic Boy)


North Carolina’s Supreme Court handed down a decision last Thursday holding that life is no more than 80 years. As a result, 20 North Carolinian “lifers” are being released from prison. Among this stellar cohort are a bunch of killers, rapists, and at least one repeat child rape-r. See: http://www.thesunnews.com/564/story/1118300.html?storylink=mirelated

You gotta know there are some pretty unhappy politicians in North Carolina. These witless bastards are going to be pointing fingers at one another like crazy. Let’s watch how long it takes those hillbillies in the legislature to enact laws designed to give inmates Life + infinity (at least for Supreme Court Justices.) Last time I checked prison inmates have the political juice of about . . . , let’s see what number is less than zero?

And I’d be remiss in not remarking on Balloon Boy, or as I call him: Attic Boy. Last week I was waiting for one of my brats at the end of school when my pal Chris called to ask if I was hearing this “breaking” story. I had momentarily flipped across CNN where I heard the normally rational Rick Sanchez’s maudlin reporting of the presumed-child-in-the-balloon story. Sanchez said something like how as “a Dad” his heart was breaking and he just wanted to reach through the camera and put his hand out, God-like, to bring the balloon and baby boy safely to earth. I imagine Sanchez is squirming with embarrassment. Maybe not. After all Sanchez, Blitzer, Larry King, et al., are all media whores, and this Balloon story was a media whore orgy. All of them, the participants, the Sheriff, the reporters, well, not us, we the public, are just the Johns.

It seems to me that all of this began with OJ. Oh, sure there have been many precursors ,—little kids stuck in wells, but we didn’t go Wall-to-Wall insane until OJ—when the mainstream media realized it could get ratings showing a slow speed chase of a white Ford Explorer. The trivial was elevated to newsworthiness. The Kennedy and MLK assassinations received nothing like this sort of coverage. The difference in my opinion is related to two changes: cable news and the adoption of tabloid values by “journalists” who think they need to feed the beast. I know, Bad Lawyer thinks he's a big media critic; hardly an original insight, but true nonetheless.

Whatever the causes the net effect is that what is said on cable news, and in court is less honest, and less rigorous than when the original law givers came up with “life” sentences that only last 80 years and the news had real journalists who gave a shit about the accuracy and relevance of what came out of their mouths.