Here's the plea agreement and the information (courtesy of the Miami Herald).
A couple interesting facts:
1. The case drew Judge William Dimitrouleas, a Clinton (corrected from original post) appointee. Before getting appointed, Judge D (as he is known in this District) was a state public defender (for two years), a state prosecutor (for 12 years), and a state judge (for ten years). In other words, he knows Jenne well. How this will cut is anyone's guess.
2. The plea agreement calls for an advisory guideline range of 18-24 months. Many plea agreements do not set forth how the guidelines are calculated, but this one does in (complicated) detail.
3. Former U.S. Attorney Tom Scott, along with David Bogenschutz, signed the plea agreement as Jenne's lawyers.
4. Both sides reserved the right to argue for sentences different than the guidelines. Sometimes defendants and prosecutors will agree that the guidelines will apply and sometimes the defense reserves the right to argue for a lower sentence. In this case, the defense reserved its right to argue for a lower sentence and the prosecution reserved the right to argue for a higher sentence.
The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com
8 comments:
GREAT LAWYERING (LOL) BY FORMER US ATTORNEYS. DO THEY DO REAL ESTATE CLOSINGS TOO? NOW, LET'S FIND OUT WHY TOM SCOTT IS REALLY INVOLVED IN THIS CASE.
Does Judge "D" have a policy about remanding defendants after a plea? My understanding is that he takes everyone in. Is this accurate?
I wonder what, if anything, Scott contributed to the plea negotiations since this deal sounds like the deal the govt has been offering for the past month. It also appears Pat and Matt had a solid case if they got Jenne to plead to not only a felony but a Zone D guideline.
Scott provided legal services equal to the purported value of the fee charged - ZERO. The members of the Southern District Bar need to analyze why Scott would be involved when he is over his head and not charging the "client" anything.
D was appointed in '98 by Clinton, not "Bush (dad)." During the time D was a PD, prosecutor and state judge, Jenne was just a hack politician, not police chief. Likely, he has no real connection to him (although D and Bogenshutz go way back to the pre-Satz days when Bogenshutz was Chief Assistant State Attorney). Expect D to sentence heavily, nothwithstanding Bogenshutz and his merry band of former US Attorneys. After all, Jenne is a crook who took six figures of illegal money, failed to declare it, then had his crew of influence-peddling lawyers insidiously bill taxpayers for hundreds of thousands of dollars to defend him. Gotta think that would get an honest jurist riled.
Now I see why Tom Scott, former US attorney, was part of the team -- he made sure the plea agreement had an appeal waiver!! (para. 11). He always insisted on those. Once the details were worked out, Scott must have left a little early -- he was not there to sign the plea agreement, so Bogenschutz signed for him. Let's see: Scott did nothing, Lewis and Tein billed taxpayers for over a quarter-million dollars -- Aren't we proud of our former prosecutors? And why wasn't Marcos Jiminez asked to help save the sheriff?
Could it be that Tom Scott is involved to make sure Jenne pleads, and it doesn't occur to him to cooperate in the overbilling and improper representation of BSO attorneys? IRS should check the last two years of checks signed by Jenne on BSO account. Prosecutors should subpoena Lewis and Tein to the Grand Jury. Let's see if they pay six figures for such representation (worth only $5-10,000 for a witness).
What about Conrad Sherer? How do you explain making loan and insurance payments for years on a vehicle owned by the Sheriff?
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