Friday, July 22, 2011

What Was This Good Doctor Thinking? (7/22/11)

Here is the press release from USAO WD MO for the conviction of Dr. Leslie Robert MacLaren, an optometrist. The press release is short; I recommend it for some light reading. 

Dr. MacLaren was convicted of five counts of evasion (hiding assets and the whole nine yards) and two counts of bankruptcy fraud. Even after being investigated, he took various steps to interfere and then filed an income tax return claiming $40 million in deductions.

The press release says that the jury deliberated for a little over an hour. So, that's seven felony counts in a little over an hour. Perhaps about 10 minutes per count, but less than that to actually consider each count because they had to do some predicate business.  Certainly not the record for the shortest deliberations.

The press release then says:

Under federal statutes, MacLaren is subject to a sentence of up to 5 years in federal prison without parole, plus a fine up to $250,000. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
The press release appears inconsistent. If indeed Dr. MacLaren was convicted of 7 felony counts (5 for evasion and 2 for bankrutpcy fraud), he is subject to sentencing exceeding 30 years. (For this purpose of determining the maximum possible sentence, the punishments are stacked.) The sentencing factors will be developed and may well, in the aggregate, given his persistent substantive offenses and obstructive behavior, generate a Guidelines range with a low end exceeding 5 years.

1 comment:

  1. Sounds like another tax protester. Its probably frustrating for nearly everyone who has to deal with these people: regular practitioners, IRS, judges etc., to hear these same old nutty arguments again and again. Even their own families.


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