Wednesday, December 11, 2019

Federal courts are now used to prosecute cheating in class

We all know of the high profile, and controversial, prosecutions of Felicity Huffman and Lori Loughlin.  But now, the "Varsity Blues" prosecutors have expanded their case to go after parents who have engaged in simple cheating.  The latest case (and plea deal!) involves a charge of wire fraud for a parent who paid $9,000 for another person to take an online class for her son.  Immoral, yes.  Federal criminal wire fraud... come on!  From USA Today:
In a different twist in the nation's college admissions scandal, a woman from Newport Beach, California, was charged Monday and agreed to plead guilty to paying $9,000 to have someone take online classes for her son so he could graduate from Georgetown University.

Karen Littlefair is the 53rd person charged with crimes in the nation's sweeping college admissions case involving Rick Singer, but her case stands out from the other 35 parents charged. She is the first parent charged in the "Varsity Blues" scandal in a cheating plot involving a student already enrolled in college rather than one seeking admission.

In a deal with prosecutors, Littlefair, 57, agreed to plead guilty to one count of conspiracy to commit wire fraud. The date of her plea hearing in Boston federal court was not set.

She is the wife of Andrew Littlefair, president and CEO of Clean Energy Fuels. He was not charged in the case.
Whenever there are challenges to broad statutes, you hear prosecutors say in defense: "Don't worry; you can trust us; we would never abuse the statute." But this case is an example of why judges cannot accept those sorts of defenses. This case is just absurd.

11 comments:

Anonymous said...

So you're saying just bring in state court?

Anonymous said...

I mean, if someone tries to sneak a peak at the answers on my test, and that test is written on paper that has at some point traveled through the mail, isn't that precisely how Congress intended the Mail Fraud statute to operate?

And what about kids who share their Spanish homework with each other over the phone? Sounds like Wire Fraud to me.

The only problem is that the FBI director has a terrible attitude and will never be able to fix that badly broken agency, so that these terrible crimes can be rooted out once and for all.

Anonymous said...

@10:19 - I can't tell if you're being sarcastic or not. So, at the risk of not getting your joke - David means its not a crime and shouldn't brought at all.

Anonymous said...

@12:57: Is he saying it's not a crime? It's clearly a crime. I thought his point was that the feds should not bring the case.

Rumpole said...

They're not going to look at Bar results are they???? Not that I'm worried or anything. What's the statute of limitations on that? Just for conversational purposes...not that I'm worried or anything.

Anonymous said...

I guess I should let David clarify for himself, but I think its already clear that he thinks it is not a crime. He says so when he wrote, "Immoral, yes. Federal criminal wire fraud... come on!" Its ridiculous to think that congress intended to make cheating on a school exam a crime. That's like crazy USSR/Iran/North Korea stuff right there. Not everything that is bad is a crime.

Anonymous said...

So rich people should be able to commit wire fraud because it is only helping their idiot kids on summer break graduate college? This is the type of shit that goes on in third world countries where bribery and cheating are expected as culturally normal.

You can't on one hand complaint that all judges are former prosecutors and that we should live in a meritocracy where only the best lawyers become judges, and then on the other say that rich families should be able to game the system so that their children get more desirable degrees and jobs.

The lady paid over 3k to have somebody else pose as her child and take a course, then lie to the school about who they were for the exam - they should be thankful that they weren't charged with 1028A - if this was a Black family in the SD Fla., they would have been.

Anonymous said...

@3:33, You seem angry. But remember, just because some people are treated unreasonably does not mean that everyone should be treated unreasonably. Your way of thinking amounts to "if I can't have it, no one can." You should reflect on your anger.

Anonymous said...

Why people are treated differently is what bothers me.

If a racist prosecutor wants to give a break to white people, because they are white and commit crimes of privilege (like David would give a pass on), it harms our entire system of Justice.

People of color are prosecuted in this community every day for public assistance fraud. How is what this person did any different. Trying to obtain a benefit by cheating?

It is only when you have to see your kids playmates dad or mom get hauled off that the shit gets real. Then you say - oh, how could that really great family who donated to charities and hangs out at the jcc or science museum be arrested for only trying to help jr out-the travesty!

Anonymous said...

I'm no Tekashi69, but I have information that a prominent attorney in the SDFLA may have assisted his daughter with her science project when she was in middle school.

Anonymous said...

8:54 wins