Thursday, March 26, 2009

Govt: Let's Really Punish these KPMG Shelter Defendants

I discussed earlier today one aspect of the Government's Sentencing Submission in United States v. Larson (SD NY No. S1 05 Cr. 888 (LAK)), filed 3/26/09. That discussion involved the Government position as to constitutional ex post facto considerations in applying the one book requirement for sentencing after Booker. I write here to alert the community that the balance of the Government's Sentencing Submission is also getting some buzz in the press (e.g., see the WSJ report here.) The Government seeks onerous retribution for the convicted defendants. As throughout the litigation, the hallmark of which has been Government retribution in ways that the Court found to have been constitutionally foul, the Government justifies its graceless claim for retribution based on the dastardly deeds it imagines these defendants did. The Government's submission may be viewed here.

This is the same Government (albeit not the same particular actors for the Government) that insisted on similar retribution for Jamie Olis.

I will undoubtedly be writing more on this subject as it develops.

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