Gov't Sentencing Memo on Cohen: Mostly Bluster

By Jeralyn, Section Trump Administration
Posted on Mon Dec 10, 2018 at 11:52:58 AM EST
Tags: Michael Cohen (all tags)

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The US Attorney's office for the SDNY berates Michael Cohen for his "selective cooperation" in its latest sentencing memo. It then repeatedly asks for a "substantial sentence"

Except, don't miss the part where it says it concurs with the Probation Department that his guideline range is 51 to 63 months. It also says probation is recommending a downward variance to 42 months. It then agrees he should receive some sort of downward variance for his cooperation:

And while the Office agrees that Cohen should receive credit for his assistance in the SCO investigation, that credit should not approximate the credit a traditional cooperating witness would receive, given, among other reasons, Cohen’s affirmative decision not to become one. For these reasons, the Office respectfully requests that this Court impose a substantial term of imprisonment, one that reflects a modest downward variance from the applicable Guidelines range (my emphasis).

[More...]

So the Government is sending the Judge the signal it is requesting Cohen get a sentence between 3 1/2 and 4 years(or between 42 and 48 months - since it agrees his sentence should be less than 51 months) and calls that a substantial sentence. That's a kiss for what Cohen did. Good for Cohen for doing it his way.

While Cohen is asking for time served, I doubt even his lawyers think that's a possibility. Here's his plea agreement. He pleaded guilty to 8 counts with a maximum sentence of 65 years.

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Gov't Sentencing Memo on Cohen: Mostly Bluster | 17 comments (17 topical)

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Only in New York City would 3-1/2 years (none / 0) (#1)
by Peter G on Mon Dec 10, 2018 at 12:39:45 PM EST

be called a "substantial sentence." Not that I disagree with that characterization, but it's not the prevailing view of sentencing in America these days, alas.

Makes it seem like it really (none / 0) (#2)
by oculus on Mon Dec 10, 2018 at 04:21:07 PM EST

is "smart" to avoid paying taxes. Then again Wesley Snipes sentenced to 3 yrs on misdemeanor failure to file federal taxes.


Wesley (none / 0) (#3)
by CaptHowdy on Mon Dec 10, 2018 at 04:34:28 PM EST

Didn't help throw a net over Cheeto


Wesley got screwed at sentencing (none / 0) (#6)
by Peter G on Mon Dec 10, 2018 at 05:33:18 PM EST

said his appellate lawyer.


Being a yuge Wesley fan (none / 0) (#7)
by CaptHowdy on Mon Dec 10, 2018 at 05:44:13 PM EST

I googled. Forbes seems to disagree

The Federal Bureau of Prisons quietly released him on April 2, 2013. However, it could have been much worse. The big victory for Snipes was that he was acquitted of felony tax fraud and conspiracy. He was only convicted of misdemeanor charges, since he didn't file false tax returns. Even so, Snipes appealed, arguing that his 3 year sentence was unreasonable. He claimed he couldn't get a fair trial because of his race, but even the U.S. Supreme Court turned him down.

Although (none / 0) (#8)
by CaptHowdy on Mon Dec 10, 2018 at 05:49:27 PM EST

I suppose that addresses his charges not his sentencing. I was surprised when the first paragraph said misdemeanors


The jury correctly acquitted him of the felony (none / 0) (#9)
by Peter G on Mon Dec 10, 2018 at 05:57:17 PM EST

charges (tax evasion, etc.) -- jury apparently agreed he was victimized by the anti-tax scammers he fell for, and was not their co-conspirator. He was the only customer of the scammers to get indicted, for no reason other than generating publicity for the prosecutors. He was convicted of 3 misdemeanors (out of six charged) for willful failure to file returns, and the judge unfairly gave him the maximum one-year sentence on each, unnecessarily running consecutively. He was "quietly released" after serving the full sentence. The appeal was not based on racial discrimination, as snidely asserted by Forbes, but rather on the fact that he was unconstitutionally prosecuted in Florida (federal court) for crimes committed in New York, where he lived at the time.


Thanks for the info (none / 0) (#10)
by CaptHowdy on Mon Dec 10, 2018 at 06:02:53 PM EST

Like I said. Big fan.

It not the outcome we plebs expect with lots of money to spend on lawyers


: Absolutely a myth, that access to the best (none / 0) (#11)
by Peter G on Mon Dec 10, 2018 at 07:37:06 PM EST

lawyers ensures an unfairly favorable result. What is hopefully ensures is the best outcome realistically available, give the facts, the law, the attitude of the prosecutors, and the nature of the tribunal. Some of his money got us a new car, which 11 years later we are still driving. I agree he is a terrific actor, in drama, in action/fantasy, and in comedy. Underrated.

I represented the state re a similar case (none / 0) (#12)
by oculus on Mon Dec 10, 2018 at 08:16:21 PM EST

in which a small bank's employees were persuaded by the "pure trust" scammers.


One wonders (none / 0) (#4)
by CaptHowdy on Mon Dec 10, 2018 at 04:36:43 PM EST

If that language was maybe used in the shadow of no jail time for Flynn and possibly others.

SUBSTANTIAL jail time.


The crimes Michael Cohen committed ... (none / 0) (#5)
by Donald from Hawaii on Mon Dec 10, 2018 at 05:07:12 PM EST

Jeralyn: "So the Government is sending the Judge the signal it is requesting Cohen get a sentence between 3 1/2 and 4 years(or between 42 and 48 months - since it agrees his sentence should be less than 51 months) and calls that a substantial sentence. That's a kiss for what Cohen did. Good for Cohen for doing it his way."

... on behalf of Donald Trump were ultimately detrimental to the best interests of the country. While I agree with you that the sentencing memorandum from the U.S. Attorney's office for the Southern District of New York was a lot of bluster, I won't begrudge prosecutors in that office the opportunity to vent their spleens at Cohen on our behalf.

Aloha.

: the point is most people (5.00 / 1) (#13)
by Jeralyn on Mon Dec 10, 2018 at 08:51:13 PM EST

won't read the fine print and will assume the govt. is asking for 10 years or more as a "substantial sentence" and then blame the judge when he gets 5 or less.

Very (none / 0) (#14)
by FlJoe on Tue Dec 11, 2018 at 05:34:34 PM EST

Interesting

In a Monday letter to Kelly, which was provided to Business Insider, Democratic Reps. Elijah Cummings of Maryland and Stephen Lynch of Massachusetts requested that Kelly "produce documents related to whether Bolton reported his previous work with this alleged Russian spy on his security clearance forms or other White House vetting materials prior to President Trump appointing him to his current position."

: Lots of the talk about (none / 0) (#15)
by CaptHowdy on Tue Dec 11, 2018 at 10:04:11 PM EST

This Flynn memo that dropped tonight seems to think Flynn might end up getting some jail time in spite of the good words from prosecutors.

He (none / 0) (#16)
by FlJoe on Wed Dec 12, 2018 at 11:01:01 AM EST

gets 36 months

: So, Jeralyn (5.00 / 1) (#17)
by Peter G on Wed Dec 12, 2018 at 01:06:44 PM EST

hit the nail on the head. And under Federal Criminal Rule 35(b), Cohen can earn a sentence reduction within the next year by offering further cooperation (including against Tr*mp), if that cooperation is "substantial" and truthful. Which he now certainly has a strong incentive to do.