FROM A
DIFFERENT ANGLE by Kenneth Rijock
Financial Crime Consultant, for World-Check
US asks for reduction in sentence for Jack Abramoff
23 March 2007

The United States Attorney for the Southern District of Florida has filed a motion to reduce the 70-month sentence meted out to Indian casino lobbyist Jack Abramoff. The stated grounds are the rendering of substantial assistance to the government in the investigation and prosecution of other targets in the Washington corruption probe. This assistance helped convict a former US Congressman. The government has asked for a stay of the court's ruling until the defendant completes his cooperation, meaning that he still must assist in the prosecution of other targets in the corruption scandal.

For those who wonder why the motion was filed at this time, such a motion, when made under Rule 35 of the Federal Rules of Criminal Procedure, is required to be filed within one year after the adjudication of guilt, which I compute is 28 March, 2007. Though there is another provision in the Rule allowing a sentence reduction after one year, the rule mentions a sentence reduction information not known to the defendant until after that time, and the US Attorney, in an overabundance of caution, appears to have filed the motion so as not to run foul of any potential deadline issue.

It has been reported that the news of this motion was not well received by some in Congress. Typically, cooperating defendants have their sentences reduced by one-half. World-Check will periodically check the progress of the case for the amount of the sentence reduction. Although long sentences frequently receive major press coverage, sentence reductions rarely appear in the media.     

Research Note: U.S. vs. Kidan, Case Number 05-60204cr-HUCK.

 

The facts and opinions stated in this article are those of the author and not those of World-Check. World-Check does not warrant the accuracy of any facts and opinions stated in this article, does not endorse them, and accepts no responsibility for them.

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