Tuesday, September 26, 2006

Ebbers & Fastow Finally Report to Prison, Campbell Went Immediately

Yesterday Andrew Fastow, who received a sentence of six years despite a plea agreement allowing him to receive ten years, was sent to prison. Also yesterday, Bernie Ebbers, who went to trial and received a 25 year sentence, reported to prison to begin serving his sentence. 

Both men were given the luxury of waiting a period of time to begin serving their sentences.  In the case of Fastow it was to allow his wife to first serve her sentence and also allow him to remain free to assist the government.  In the case of Bernie Ebbers it was because he was permitted to remain free pending his appeal.

The freedom each of these individuals experienced prior to starting to serve their sentence is yet another indication that the public does not fear these individuals.  Their sentences were for deterrence and retribution purposes and not for incapacitation.

In contrast, former Mayor Bill Campbell was ordered to serve his sentence immediately.   His sentence for a tax offense surprisingly was much shorter than both Ebbers and Fastow. (see here)

(esp)

http://lawprofessors.typepad.com/whitecollarcrime_blog/2006/09/ebbers_fastow_f.html

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Comments

Your post is slightly incorrect. Fastow was not allowed to report to prison. He was taken into custody immediately, and led out of court in handcuffs.

The Fastow case is peculiar. After a lengthy period at liberty, the judge wouldn't allow him to report directly to prison. Fastow asked to spend Yom Kippur with his family, and was denied. One of the victims asked the judge to let Fastow testify at a deposition less than a month away, and was denied.

Posted by: Marc Shepherd | Sep 28, 2006 4:48:11 AM

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