Saturday, June 10, 2006
The Houston Chronicle reports here on the first part of the re-sentencing hearing of Jamie Olis, former employee at Dynergy who was convicted for his role with Project Alpha. Olis initially had been sentenced to 24+ years, but the Fifth Circuit (Hon. Edith Jones authoring the opinion) sent it back for re-sentencing. The Houston Chronicle reports that at Friday's initial re-sentencing hearing the defense counsel asked for three months to file a report in response to the Government report.
One has to wonder when the government report was first provided to defense counsel. Was it a month prior, a week prior, or that day?
Discovery during sentencing is important, and especially crucial in cases where a fraud loss is being determined. Forensic accountants become important players in helping counsel and the court understand the financial aspects of a case.
But in all this, one has to wonder if culpability, that is significant culpability, minor role, or a total lack of motive in the wrongdoing, gets lost in the financial determinations.
Addendum - See Tom Kirkendall's Houston Clear Thinkers here.