You gotta check out this First Circuit opinion reversing the Varsity Blues' convictions. It's exactly why more defendants should fight these weird fraud theories. 47 out of the 50 defendants pleaded out. Three cases went to trial. Two were acquitted and one was reversed on appeal.
District judges: we need you to do more to check these crazy prosecutions instead of letting them get all the way to trial. It's okay to grant motions to dismiss! You will get affirmed. And if not, the case will get reversed and then it will be tried. Nothing lost... These defendants suffered a lot and 47 others pleaded guilty because motions to dismiss this first of its kind theory were denied over and over again.
6 comments:
Not sure how you can blame the judges if the defendants didn't file motions to dismiss.
There are defense lawyers and then there are trial lawyers, you are the latter.
The reality is that 9 out of 10 defense practitioners will pat themselves on the back and sleep well telling anyone that asks they got their client a better deal than to risk losing at trial. Its a lost art.
Judges really need to step up and stop wild charging theories, its like the DoJ is relying on Chevron Deference as well.
Congrats on Gillum.
I specialize in 2255s when lawyers make clients take please to crimes that don’t exist. Give me a shout! Saul Goodman. (505) 503-4455
hopefully the new Biden judges will be the bulwark against this type of government overreaching
Not sure what difference the “Biden judges” would make. Many of the pleas were before Judge Talwani—an “Obama judge.”
Also, why proceed under an honest services fraud or property interest fraud theory? Why not just conspiracy to commit wire fraud? Each defendant seems to have raised underachievers and wanted to pay for their college admission, and that’s what they did. In one case in this appeal, the student got into USC after submitting an application that said the basketball court was her canvas like an artist, despite being cut from her high school team in eleventh grade. She (her Dad and snitch Singer actually) also submitted photographs and stats of a different athlete. Would love to see the applications of Bronny and of Dennis Rodman’s son—both of whom will enroll at USC in August—and see how they compare.
Good appellate decision. Wrong theory of prosecution it seems.
You want to see Bronny’s application, okay, got it right here:
Dear USC, Bronny would like to attend and play basketball for your team.
When should he plan on showing up?
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