Scruggs Update: Plea Agreements

UPDATE: The revised C-L story here now says that Zach Scruggs’ status is not known. The Daily Journal story here and other sources state that Zach Scruggs is still scheduled to stand trial on March 31.

This seems to be confirmed by a related development: following the November 27 search of the Scruggs Law Firm offices, an FBI “taint team” turned over certain evidence to two AUSAs from the Western District of Tennessee. Today the two AUSAs filed a motion to allow disclosure of that evidence to prosecutors in the Northern District of Mississippi by no later than March 21 for use in this case. If granted, at this point the evidence would be used against Zach Scruggs and the motion header is worded US v. David Zachary Scruggs rather than US v. Scruggs et al. The evidence was turned over to Judge Biggers on yesterday. Did attorneys for Dickie Scruggs and Sid Backstrom know this? If so, it could have precipitated their pleas today.  US v. Zach Scruggs Motion To Disclose Search Evidence

The Clarion-Ledger is reporting that the government will defer prosecution of Zach Scruggs in exchange for surrender of his law license, but there is no confirmation of that yet in any court documents.

Dickie Scruggs’ guilty plea to the single conspiracy count carries a maximum five year sentence; the actual sentence will be at the court’s discretion. The remaining five counts are dismissed. Dickie Scruggs’ plea does not include an agreement to cooperate, and the agreement specifically does not preclude the government from bringing charges in any other case, federal or state.

Sidney Backstrom’s guilty plea to the single conspiracy count includes the provision that his sentence will be no more than half of Dickie Scruggs’ sentence, and in any case no more than 30 months in prison. Backstrom does agree to cooperate fully in this case and “all other criminal offenses in any way.” So it appears that this saga is far from over.

Dickie Scruggs Plea Agreement

Dickie Scruggs Factual Basis

Backstrom Plea Agreement

Backstrom Factual Basis

(h/t Rossmiller)