Friday, January 09, 2009

Today I have a sense of déjà vu. I wish I could say this is the last corruption case, but I fear it is not."

That was Alex Acosta during his press conference re Palm Beach County Commissioner Mary McCarty and her husband, Kevin, accusing them of a "wide-ranging and long-running" conspiracy to enrich themselves through the misuse of her political position. Here is Vanessa Blum's article on the case:

Mary McCarty, 54, an influential Republican powerbroker and longtime commissioner, is charged with conspiring to deprive the citizens of Palm Beach County of their "intangible right to her honest services," federal prosecutors said. She faces up to five years in prison.Prosecutors charged Kevin McCarty, 59, with taking part in and failing to report his wife's crime. He faces a maximum penalty of three years in prison.The new details emerged one day after McCarty resigned and said she would plead guilty to honest services fraud, making her the third county commissioner in recent years to leave office under the cloud of federal corruption charges.

McCarty could plead guilty as soon as next week. She is being prosecuted under the same statute that landed former commissioners Tony Masilotti and Warren Newell five year prison terms.

Chuckie Taylor sentenced

The government was asking for 147 years. The over-under was 100 years. So if you took the under, call your bookie -- he was sentenced to 97 years.... With good time, that's about 82 years.

Here's Jay Weaver's coverage.

Thursday, January 08, 2009

“I’m still clinging to my BlackBerry. They’re going to pry it out of my hands.”

No, that wasn't one of the recently sentenced white-collar defendants in our district. It was our President-Elect Obama. Gotta love the guy. Here's the ABA Journal article on the BlackBerry dispute.

Speaking of Obama, is it possible that he keeps Alex Acosta as U.S. Attorney? Read Julie Kay's article here.

Wednesday, January 07, 2009

News and Notes

1. Pharmed sentencing: 9 years, top of the guidelines. From the Herald article:

Saying she was concerned about maintaining community values, U.S. District Judge Patricia A. Seitz Wednesday sentenced Carlos and Jorge de Céspedes to nine years in prison.
Despite testimony that they had given millions to charity, the judge decided the brothers -- who built up and then destroyed the Pharmed medical supply company -- should be sentenced at the top of the recommended guidelines of seven to nine years.
She said the brothers had been ''two-faced for too long'' and noted that the fraud against Kendall Regional Medical Center had gone for 14 years. The brothers had also pleaded guilty to a count of tax evasion. They will serve the sentences concurrently.



2. Helio Castroneves: The already great legal team adds superstar Roy Black to represent Helio along with David Garvin. Roy's partner Howard Srebnick represents sister Kati, and Bob Bennett and Lily Ann Sanchez represent the third defendant, an attorney. AUSA Matt Axelrod represents the government.





Govt appeals order in Ben Kuehne case

Here's the text of the notice:

Notice is hereby given that the United States of America, plaintiff/appellant in the
above-captioned case, pursuant to 18 U.S.C. § 3731 and Fed. R. App. P. 4(b)(1)(B)(i), hereby
appeals to the United States Court of Appeals for the Eleventh Circuit from the Order Granting
Defendant's Motion to Dismiss Count One of the Third Superseding Indictment (Docket Entry
192) entered in the above entitled matter on December 22, 2008.
DATED this 7th day of January, 2009.
Respectfully submitted,
MATTHEW W. FRIEDRICH
ACTING ASSISTANT ATTORNEY GENERAL

PAUL O'BRIEN, CHIEF
Narcotic and Dangerous Drug Section
Robert Feitel
United States Department of Justice
Criminal Division Narcotic and Dangerous Drug Section


I wonder why this was filed so quickly, and why they didn't wait until after President-Elect Obama became President. The case likely will now be placed on hold for a while during the appeal.