Letter of Apology » Public Corruption

Zach Scruggs Sentenced To 14 Months In Prison

Dave Westheimer — Wed, 02 Jul 2008 16:15:00 +0000

Apparently Zach Scruggs and attorneys Mike Moore and Todd Graves were stunned. Despite the government’s recommendation of probation, the sentence does not surprise us considering Judge Biggers’ comments at Dickie Scruggs’ sentencing last Friday concerning Zach’s involvement. Tom (NMC) Freeland at folo from the courtroom here and here, Clarion-Ledger. As in the sentencings of Dickie Scruggs and Sid Backstrom, Judge Biggers imposed a $250,000 fine which is an upward departure to include the cost of incarceration.

Zach Scruggs Seeks Probation In Sentencing Memo

Dave Westheimer — Tue, 01 Jul 2008 23:50:00 +0000

The Sun Herald has the story and the presentencing memorandum. Zach Scruggs will be sentenced tomorrow. He pleaded guilty on March 21 to misprision of a felony (earlier). While prosecutors recommended probation, his plea agreement and the plea hearing transcript make it clear that the court is not bound by the recommendation. While the US Probation Office’s presentence report is not public, it can be deduced from today’s memorandum that some prison time was recommended. US District Judge Neal Biggers can sentence him to as much as three years in prison, and given Judge Biggers’ remarks in the Dickie Scruggs sentencing transcript last Friday, Zach Scruggs has reason to be concerned.

Paul Minor Appeals Conviction To Fifth Circuit

Dave Westheimer — Tue, 01 Jul 2008 06:11:46 +0000

Mississippi attorney Paul Minor, whose judicial bribery case is currently under review by the OPR amid accusations of selective prosecution (earlier), has appealed his conviction to the US Court of Appeals for the Fifth Circuit. The Sun Herald has a story with link (.pdf) to the massive brief, which was actually filed on June 18 by his attorney Abbe Lowell, now with McDermott Will. After his first trial ended in an acquittal on some counts and a hung jury on others, Minor was convicted in March 2007 on six counts of honest services mail fraud, one count of honest services wire fraud, two counts of bribery and one RICO count; his co-defendants former state chancery court judge Walter Teel and former state court circuit judge John Whitfield were also convicted. The appellate brief contends that exculpatory evidence was improperly excluded, that prejudicial evidence was improperly admitted, that the jury instructions improperly allowed the jury to convict without evidence of quid pro quo and that the prosecution was selective.

Since Minor was far less prominent than high profile targets Don Siegelman and Cyril Wecht, it’s much more difficult to believe that he was prosecuted for his political beliefs. A US Attorney prosecuting a member of the opposing party does not prove political intent. But in light of convincing evidence of prosecutorial and perhaps judicial misconduct in the cases of Siegelman and Wecht, an investigation of this case is understandable. However, the biggest question here is not why Minor was prosecuted, but rather why Dickie Scruggs was not, since Scruggs was up to his neck in the same activities. A certain former US senator is believed to have a Lott to do with persuading USA Dunn Lampton not to indict his brother-in-law.

Scruggs Redux: Transcripts, Reactions and Editorials

Dave Westheimer — Sun, 29 Jun 2008 22:24:31 +0000

The Sun Herald has the Dickie Scruggs sentencing transcript in plain text, Folo has a partial transcript from the Backstrom sentencing. The Clarion-Ledger has reactions from various parties, including Judge Henry Lackey. Alan Lange at Y’all Politics criticizes the questionable post-sentencing comments of AG Jim Hood and former AG Mike Moore. The Sun Herald points out that the minimum security Pensacola prison Scruggs has requested is the same one that houses Paul Minor whom Scruggs testified against; the Bureau of Prisons is unlikely to allow both men in the same facility. Alan Lange’s editorial is outstanding, and the Sun Herald’s editorial is also worthwhile. UPDATE: here’s the official transcript of Dickie Scruggs’ sentencing hearing; the Backstrom transcript is here. (h/t folo).

Backstrom Sentenced To 28 Months In Prison

Dave Westheimer — Fri, 27 Jun 2008 22:11:40 +0000

There has been some confusion in the reporting of the length of the sentence, but both the Daily Journal and folo are reporting that Sid Backstrom was sentenced to 28 months in prison this afternoon by US District Judge Neal Biggers in Oxford. That’s two months less than the maximum under his plea agreement, which capped his sentence at no more than half of whatever sentence Dickie Scruggs received. As with Scruggs, Backstrom was fined $250,000 and ordered to pay for the cost of his incarceration. He was ordered to report to prison on August 4. The court accepted a defense request to ask for imprisonment at Forrest City, Arkansas. UPDATE: here’s the transcript (h/t folo).

Breaking: Dickie Scruggs Sentenced to Five Years In Prison

Dave Westheimer — Fri, 27 Jun 2008 16:26:21 +0000

The Sun Herald reports that US District Judge Neal Biggers has sentenced Dickie Scruggs to five years in prison, the maximum under the plea agreement, plus a $250,000 fine. He was ordered to report to prison on August 4 “in a facility that offers mental health and drug treatment.” Tom (NMC) Freeland at folo reports that in response to Ole Miss Chancellor Robert Khayyat’s letter (earlier), which among other things called imprisoning Scruggs “a waste of taxpayers’ money”, Judge Biggers increased the fine to account from the cost of incarceration.

The Scruggs Sentencing Recommendation Letters: A Mixed Mailbag

Dave Westheimer — Thu, 26 Jun 2008 07:28:58 +0000

Representatives from the Sun-Herald (here and here), folo, the Daily Journal, and others were allowed to examine the sentencing recommendation letters from the public on behalf of Dickie and Zach Scruggs and Sid Backstrom. Tom (NMC) Freeland at folo called the positive letters “pretty standard: most accept the gravity of the offense and guilt, but try to explain positive things they have seen about the various defendants over the years.” That’s to be expected from family, friends and associates.

The lowlight: a letter from Ole Miss Chancellor Robert Khayyat on University stationery enthusiastically fawning over Dickie Scruggs, calling him a “model citizen” and calling any incarceration “an absolute waste of a great deal of talent and ability.” We’re talking about an admitted judge briber here, someone who attempted to corrupt justice, and the university’s chancellor thinks that’s excusable in a major financial contributor.

The missing: nothing from Jim Hood, Trent Lott, Mike Moore or P.L. Blake.

The opposition: criticism from Mississippi Bar president Robert Bailess and an unnamed retired Oxford police officer.

Those who examined the letters were not allowed to copy them, which prompted this outstanding response from commenter Fyodor1 at Y’all Politics: “Can we just send in Sandy Berger to help get copies of all the letters? He has a good track record at getting documents.”

UPDATE: Anita Lee at the Sun Herald has more excerpts from the letters.

Dickie Scruggs Asks For 30 Month Prison Term

Dave Westheimer — Thu, 26 Jun 2008 06:32:20 +0000

In a sentencing memorandum filed on Wednesday, attorneys for Dickie Scruggs asked the court to impose a 30 month sentence instead of the maximum 60 months allowed under his plea agreement. His primary argument is that the potential benefit from the bribe has been grossly mischaracterized by the US Probation Office (also argued by Backstrom) and that the value of the bribe should only be the amount of the bribe. By his calculation, Scruggs claims a 30-37 month range is called for by the guidelines. While Scruggs does acknowledge his offense, the document is remarkably void of any sense of remorse, and he continues to argue about his role in the conspiracy, as he did at his plea hearing. Whatever the merits of his arguments, the tone of the memorandum is not likely to impress Judge Biggers.

The government response (to both Dickie Scruggs and Sid Backstrom) argues that the intent of the bribe determines the benefit and that even at the $50,000 bribe amount Scruggs’ guideline would be 46-57 months; further, that Backstrom’s argument is moot because even just using the bribe amount, his range would more than the 30 month cap under his plea agreement. The government is seeking the maximum allowed under the plea agreements for both defendants (Sun Herald).

UPDATE: The government has subpoenaed John Jones’ attorney Grady Tollison to testify at the sentencing hearing. He expects to be asked about the amount of legal fees at stake in Jones v. Scruggs (Sun Herald).

Judge Biggers Denies Backstrom Motion On Letters

Dave Westheimer — Tue, 24 Jun 2008 05:31:22 +0000

US District Judge Neal Biggers on Monday denied Sid Backstrom’s motion to reconsider his June 20th order allowing prior press and public access to sentencing recommendation letters written on behalf of the US v. Scruggs et al defendants (earlier). This time he cites US v. (Scooter)Libby as a public interest precedent and also cites US v. Halat, a federal murder case from Mississippi. Barring further objections, the Sun Herald will be allowed to view the letters on Wednesday and to make them public in advance of this Friday’s sentencing of Backstrom and Dickie Scruggs (h/t folo). UPDATE: at least three others will be granted access, including Tom (NMC) Freeland of folo. Stay tuned.

Sun Herald Granted Access To Scruggs Sentencing Recommendation Letters (And More Updates)

Dave Westheimer — Sat, 21 Jun 2008 18:54:18 +0000

Wasting no time, US District Judge Neal Biggers on Friday granted the Sun Herald’s motion to allow prior press and public access to presentencing recommendation letters written on behalf of Dickie Scruggs and his co-defendants (earlier). The paper will be allowed to examine the letters on Wednesday June 25, two days prior to the sentencing of Dickie Scruggs and Sid Backstrom (story, order). This should make for an interesting week. UPDATE (h/t dmwriter via folo): Backstrom’s attorneys have now asked Judge Biggers to reconsider.

In other Scruggs news, US District Judge L.T. Senter on Monday denied the Rigsby sisters’ motion to reconsider his May 19 order disqualifying Kansas City lawyers Todd Graves, Chip Robertson and their respective law firms from Ex rel. Rigsby and granted them 45 days to get new counsel or proceed pro se (Sun Herald).

Judge Senter on Friday also upheld US Magistrate Judge Robert Walker’s May 15 order compelling Dickie Scruggs to turn over a raft of documents in the McIntosh v. State Farm case (earlier); h/t Y’all Politics.