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
Friday, August 21, 2009
Judge Zloch slaps UBS cooperator
We covered earlier the UBS defendant who was asking for probation for his extensive cooperation. The government was asking for 2 1/2 years (or a 50% reduction). Judge Zloch today sentenced Bradley Birkenfeld to 40 months, or 10 months more than the government asked for. (Here's the AP story). What say you, readers? When, if ever, is it appropriate for a judge to sentence above the parties' recommendations? (I think the answer is probably never, but I'm happy to hear arguments to the contrary).
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4 comments:
Hurricane "Bill Barzee"takes aim at Nova Scotia, which is kind of ironic, because Bill Barzee likes a slice of nova on his bagels most sunday mornings.
ha ha ha ha ha ha snitchin don't
pay bro.
wow. that' such a punk move
"Prosecutors gave Bradley Birkenfeld, a 44-year-old U.S. citizen, credit for voluntarily disclosing illegal tactics by Swiss banking giant UBS AG and others. But they said Birkenfeld initially refused to confess his own misconduct and hoped to collect a cash reward under U.S. whistleblower laws.
"He refused to disclose his own wrongdoing," said Kevin Downing, senior trial attorney in the U.S. Justice Department's tax division. "It's a major problem for us."
remember the name kevin downing, next time you have case with him this is how he deals
Birkenfeld is an intelligent person with a good deal of contacts and his nose knew how to use them. Under the U.S. whistleblower laws, he still will receive minimum 15-30% of recovered US taxes(3 to 6 billion dollars) for his "good deeds". He will be out of "white collar" federal prison at the age of 48 and live the Life of Riley. It would worth pondering if all of his former clients, UBS clients and other Swiss bank clients all feel that he should receive that life style as well. They are after all, the super rich of the world. Those people who made Birkenfeld's professional life prosperous, ensured he got all of his professional bonuses, could easily have a direct impact during his 3.5 year sentencing in prison....
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