Why areTPs Jail Sentences so Harsh?

AFTP
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Why areTPs Jail Sentences so Harsh?

Post by AFTP »

I understand that harsh sentences deter other from following suit.
I understand mass tax protest would cause problems for the Govt.

What I don't understand is how some TPs get harsher jail time than some violent criminals.
I saw somewhere on Youtube that a convicted murderer spent less time in jail than Irwin Schiff.
Gino Castriota of SORCE got 7 years while a local girl in my town stole a car high on crack, hit and killed a 9 year old boy, drug him 3 blocks, ran from the car and only got 3 years jail, 6 months house arrest and my taxes have to pay for this scum bag's GED!!
WTF? :?
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fortinbras
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Re: Why areTPs Jail Sentences so Harsh?

Post by fortinbras »

To a certain extent, the sentences are specified by the federal sentencing guidelines, which get revised every few years. There are a bunch of add-ons that make a sentence longer depending on the situation: the sophistication of the crime, the length of time it was in operation, whether and how often it was repeated, the amount of money involved (including the amount that was targeted by the criminal scheme), how straightforward was the defendant's defense, was there any attempt to disrupt the court or intimidate people involved in the investigation/prosecution, etc. etc.

Additional to this, some of the tax dodgers and scammers have already hidden their loot and refuse to pay the accumulated taxes. If they think that a couple of years in prison is a good trade off to getting their hands on that money later, believe me their sentence is stretched out.
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Re: Why areTPs Jail Sentences so Harsh?

Post by Gregg »

Another thing is the difference between federal and state jurisdictions, and indirectly, funding of prisons. The Federal government does not have parole, you get 10 years, with good time you serve 8.5 and a minimum. I think some states have typical parole in half the time, and Ohio I know has "shock probation" where a first time offender can apply to be paroled after serving I think 10% of their sentence. At least part of the states being more lenient is that they find it harder politically to spend as much money on prison cells.
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Lambkin
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Re: Why areTPs Jail Sentences so Harsh?

Post by Lambkin »

I think there is some truth to the assertion that financial criminals get harsh sentences, and large-value financial crimes do get sentences greater than those received by murderers. I'm interested in the question of how Bernie Madoff's crime compares to murder for example. Is he a monster in that way?

I'll admit a general bias against long prison terms, as an indulgence we cannot afford.
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Re: Why areTPs Jail Sentences so Harsh?

Post by Judge Roy Bean »

Lambkin wrote:I think there is some truth to the assertion that financial criminals get harsh sentences, and large-value financial crimes do get sentences greater than those received by murderers. ...
Not at all. By-and-large It depends on who did the crime and who their victims were.

A murderer typically kills one person; perpetrators of financial crimes may have dozens, even hundreds or thousands of victims but they rarely act alone.

If the victims of financial crimes are among the portion of the citizenry where collateral damage is acceptable and the perpetrator is well connected and shielded among the protected class there won't be prosecution, let alone sentencing (i.e., Roland Arnall, Angelo Mozilo, Brad Morrice, etc., etc.).
Lambkin wrote:I'm interested in the question of how Bernie Madoff's crime compares to murder for example. Is he a monster in that way?

I'll admit a general bias against long prison terms, as an indulgence we cannot afford.
Maddoff was among the protected class up until some among the protected class who were being scammed by him started complaining and the noise reached a crescendo that couldn't be ignored.
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Re: Why areTPs Jail Sentences so Harsh?

Post by TheSaint »

I think there's also the Jason Gerhard Factor. A lot of TPs throw away any chance they might have had at leniency through their own belligerence. If they're not openly mocking the process as Gerhard did, they're wasting the court's time with reams of pointless filings during the case. And those filings often question the judge's competence, jurisdiction, objectivity, right to judge, etc. That is not how you get on the good side of someone with the power to decide how many years you'll be in the pokey.
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Re: Why areTPs Jail Sentences so Harsh?

Post by Judge Roy Bean »

TheSaint wrote:I think there's also the Jason Gerhard Factor. A lot of TPs throw away any chance they might have had at leniency through their own belligerence. ...
Indeed, one of the primary factors to be considered is the perpetrator's recognition that they did something wrong and their showing of remorse for it.
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AFTP
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Re: Why areTPs Jail Sentences so Harsh?

Post by AFTP »

fortinbras wrote: Additional to this, some of the tax dodgers and scammers have already hidden their loot and refuse to pay the accumulated taxes. If they think that a couple of years in prison is a good trade off to getting their hands on that money later, believe me their sentence is stretched out.
None of the money was recovered from investors from the IGP scam.
Dave Struckman is to get out of jail this year (if not already).
It was estimated $130 million was taken and NONE found? :shock:

Well Davey boy is headed to a tropical beach to live the rest of his life with hookers, drinks with umbrellas and Cuban cigars.

If this happens crime DOES pay! :roll:
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Re: Why areTPs Jail Sentences so Harsh?

Post by Judge Roy Bean »

AFTP wrote:...
Dave Struckman is to get out of jail this year (if not already).
It was estimated $130 million was taken and NONE found? :shock:

Well Davey boy is headed to a tropical beach to live the rest of his life with hookers, drinks with umbrellas and Cuban cigars.

If this happens crime DOES pay! :roll:
Crime does indeed pay.

The mortgage business was really, really good for some people.

http://www.youtube.com/watch?v=NkEwdg1VP_c
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Demosthenes
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Re: Why areTPs Jail Sentences so Harsh?

Post by Demosthenes »

I think a better question would be, "Why are some murderers' jail sentences so lenient?"
Demo.
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grixit
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Re: Why areTPs Jail Sentences so Harsh?

Post by grixit »

Demosthenes wrote:I think a better question would be, "Why are some murderers' jail sentences so lenient?"
"Mondays are a drag" has been out for 5 years now.
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Re: Why areTPs Jail Sentences so Harsh?

Post by Number Six »

The jail sentences of Lynne Meredith, Irwin Schiff, and the Brown's were not harsh based on the damage they did to the societies they ill-affected. There are federal guidelines that have developed over a long period of time for good reasons--prosecutors have some discretion in how long the sentences are that get meted out. At least the guests of the federal system get three squares a day and a cot, unlike those like the killers of Dr. Pettit's family who are getting harsher treatment with possible death penalties.

Tax protestors range from harmless nuts who fail to convince anyone except themselves to slick salesmen with large email and address lists (radioactive from the perspective of law enforcement), to the criminally insane with long rapsheets and longer lists of victims.
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Re: Why areTPs Jail Sentences so Harsh?

Post by jcolvin2 »

grixit wrote:
Demosthenes wrote:I think a better question would be, "Why are some murderers' jail sentences so lenient?"
"Mondays are a drag" has been out for 5 years now.
I don't know why I don't like taxes ...

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