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Judge Neal Biggers handed down Dickie Scruggs fate calling his conduct reprehensible. Dickie Scruggs will serve five years in federal prison and pay a $250K fine.

Accounts from Sun Herald

Before sentencing, Scruggs told the judge, "I could not be more ashamed to be where I am today. I realized I was getting mixed up in it and I will go to my grave wondering why. I have disappointed everyone in my life - my wife, family and friends here to support me today. I deeply regret my conduct. It is a scar and a stain on my soul."


Phunk and Wagnalls


FOLO

…The judge concluded that the amount involved was $400k, although he said that was low. He concluded that Scruggs was a leader in the scheme, that he sent Balducci to talk to Judge Lackey, “starting a scheme to corrupt the integrity of the Lafayette County Circuit court whether money was involved at that stage or not.” There is “no doubt in the court’s mind that Scurggs was a leader, planner.” He noted that Backstrom did not make decisions on his own– he’d tell Balducci he would get back to them.


Update from FOLO

The court found reason to depart upward in the fine range. He required the defendant to pay the cost of his own incarceration and would impose that. The court stated, “Even though it may be a moot point, there is osme question in the court’s mind the court would like to inquire into acceptance of responsibility.”


NMC also reports that Keker asked for 30 days to get his affairs in order and that he serve in Pensacola (look out cellmate Paul Minor!).

Comments from Institute for Legal Reform

“Dickie Scruggs famously coined the phrase ‘magic jurisdictions’ – notorious local hot spots of trial lawyer influence where judges are ‘elected with verdict money’ and defendants find it ‘almost impossible to get a fair trial.’ While Mr. Scruggs made a living by tilting the legal odds in his favor, his sentence of five years in prison for conspiring to bribe a judge proves there are some lines that cannot be crossed.


From Legal Newsline


The five-year sentence was the maximum allowed under Scruggs' plea deal with federal prosecutors, who first alleged in November that Scruggs attempted to bribe Lafayette County Circuit Court Judge Henry Lackey with $50,000 in exchange for a favorable ruling in a dispute with a former business partner over at least $26.5 million in attorneys fees.

Scruggs had asked for only a 2 1/2-year sentence, while federal prosecutors recommended all five years.

Biggers said he was "personally shocked" when he first heard of the case, a shock that was sustained when he first saw the Government's evidence.

The harshness of the sentence -- which includes a $250,000 fine, three years of supervised release and the price of his incarceration -- can be traced to Scruggs' motives. Biggers said there is a difference between a criminal stealing out of necessity and what Scruggs did.


Posted June 27, 2008 - 9:08 am
25 Comments:

This is a good first step.  There is still a lot of rotten meat left on the perverbial justice bone.

Posted by Alan on 06-27-2008 at 10:17 AM [link]

Huge kudos to FOLO, Insurance Coverage Blog, and Anita Lee who have all shown real leadership in covering this.

WSJ Law Blog, Overlawyered, Legal Newsline, Phunk and Wagnalls, Shelby Dupree, and a host of others deserve a lot of kudos in helping to keep the story pushed out.

Posted by Alan on 06-27-2008 at 10:30 AM [link]

You have specific examples, I assume?

Posted by Laughing on 06-27-2008 at 10:31 AM [link]

Scruggs testified against Minor.  Someone told me that that would prevent the Federal Bureau of Prisons from placing Scruggs in Pensacola but I have not independently researched it.

Posted by Jane on 06-27-2008 at 10:31 AM [link]

The Institute for Legal Reform has commented.  Where are comments from his family member, Jim Hood?  Maybe John O’Brien, Jerry Mitchell or Marsha Thompson can get a quote out of him.

Posted by Alan on 06-27-2008 at 10:40 AM [link]

BOOOOOOM.... I am sure the echo will be loud and long..... This, I am sure is the FIRST of many dominoes to start falling.  It will be interesting to see who is number 2, 3, 4 and 5.  ?????  It is truly a shame it has to be this way, but when will the people EVER LEARN.... Folks are tired of the Same Ole Same Ole..... The reason as I see it that Obammy is doing so well is that folks are tired of the Same Ole Same Ole.  Senator McCain had better get some fresh ideas and start getting his message out OR we are going to be in for a long 4 years.  May God have mercy on Mr. Scruggs.

Posted by Paymaster on 06-27-2008 at 10:41 AM [link]

JT and Dave do a great job.  As was told to me by Hampton “they don’t know what they are talking about” on aliens.  Clarion Ledger

Posted by mccainsinsane on 06-27-2008 at 10:42 AM [link]

Jane commented:

Scruggs testified against Minor.  Someone told me that that would prevent the Federal Bureau of Prisons from placing Scruggs in Pensacola but I have not independently researched it.

WLOX reports this

Scruggs will serve his sentence at a facility in Pensacola, and must report to prison August 4th.

Posted by JDBerry on 06-27-2008 at 10:55 AM [link]

Laughing,

“There may be things you can do to help yourself in the future.  People who are not lawyers are getting considerable money from a legal settlement.” [he noted that Balducci said that Scruggs knew where the bodies were buried.  “If you want to uncover where the bodies are buried it might help you.”

Posted by JDBerry on 06-27-2008 at 11:07 AM [link]

I found this in a cert petition:

“As the district court explained, Bureau of Prisons policy
also provides that government witnesses and the individuals against
whom they have testified should not be incarcerated in the same
institution (Pet. App. B3 n.2; see also 28 C.F.R. 524.72(h)); the
reason for the policy is the “serious and constant risk that prisoners
will attempt to retaliate against government witnesses or coerce them into falsely recanting their trial testimony"”

I think that the BOP decides where the inmate is to be imprisoned and that Biggers said he would recommend Pensacola.  But, again, I’m not an expert in this area.

Posted by Jane on 06-27-2008 at 11:10 AM [link]

You’re right, I heard that Biggers recommended Pensacola but that wouldn’t necessarily mean that’s where he ends up.

Posted by JDBerry on 06-27-2008 at 11:17 AM [link]

Backstrom at 1.00p?  Zach next week?

Posted by ccvz on 06-27-2008 at 11:22 AM [link]

It’s hard to imagine Paul and Dickie getting into a tangle or whatever - especially if they don’t have access to any prison-made alcohol - but who could have predicted any of this?

I’m sure that BOP policy gives them lots of discretion as to where to place inmates.

Posted by Jane on 06-27-2008 at 11:22 AM [link]

Thank you, Judge Biggers. Another honest judge who could not be bought with the sweet words of Williiam Winter and Ole Miss’ Khayat.

Posted by dixie68 on 06-27-2008 at 12:08 PM [link]

When a person thinks he /she is above the law they are adisgrace to their profession and the state of Mississippi.  I still think the fine is far too light in regards to the money he has gotten from his deals.

Posted by jplay on 06-27-2008 at 01:25 PM [link]

from the Daily Mississippian:

“This is a sad day but you are not the first person of your standing to be here. I have had the unpleasant duty to sentence lawyers, doctors, those of the gospel, bank owners and tellers,” Biggers said. “But you may be the saddest of them all. You thought you needed money, but you didn’t need it at all. You are guilty of corrupting of the rule of law, which you had an oath to uphold.”

Posted by JDBerry on 06-27-2008 at 02:18 PM [link]

I think a search of cases involving tampering with the judicial system is not new nor rare. Each year many are caught and sentenced for breaking the law regarding a judge or a jury. Why is it that these cases have evoked a pickup load of ink and toner to write about and many radio hours talking about, and the other cases are never heard from?  Why do these cases get so much attention by the conservative press, blogs,and talk shows when so many others have been prosecuted and have become history without much fanfare?  A $40,000. bribe is not a large bribe when compared with other cases.  So what makes these different?  I hate to say that it seems to stir more folks up when the defendants are successful instead of poor.  Sentencing these guys will not fix the system because the system has obviously been open to such activity or it would have never been attempted.  After the OJ verdict was read years ago crowds celebrated in cities around the country. Many of the rest of us were horrified at their reaction.  It is easy for our emotional hope to get int he way of logical thinking as folks seem to be verbalizing a desire for more time, more fine and more blood for Scruggs, et al. Why can’t we let the system work in this case, too, rather than feeling the need for all the hoopla that has been stirred up over the past months?

Posted by too tired to fight on 06-27-2008 at 02:22 PM [link]

tttf:  The man made billions by tweaking the system.... billions I might add that were paid mostly by everyone who purchased goods bought and sold in the USA.  So it is a big deal when a “powerful man” gets brought back to earth due to his own callous disregard for the rules of law.  The very law he swore an oath to uphold.  Should we feel real bad for Dickie, after 5 years in a federal minimum security jail he will still have access to his fortune, (therefore, he will have many still kissing his ...... ).

Posted by msbroker on 06-27-2008 at 03:21 PM [link]

Dickie, my friend, I will serve that time for you for 20 million.

Posted by ElPabloPolitico on 06-27-2008 at 03:40 PM [link]

Let us not forget that when Dickie is released, he can take up residence in his vacation home in Florida, never to return to the city in which he was disgraced. Plus, it is amazing to me, with who all appeared at his sentencing, missing in action, was his brother-in-law, Trent Lott, with whom he had numerous dealings. It is also still a curious note the timing of Trent’s retirement, following a successful re-election, and Dickie’s indictment. Will THAT truth ever be known?  ... And when will P.L. Blake be brought to justice as Dickie’s money man or all the other bodies buried out there? Just wondering? Kudos to all who have contributed to keeping the little folk informed!

Posted by Blackjack55 on 06-27-2008 at 04:13 PM [link]

...and quietly the statute of limitations creeps up on the Katrina lawsuits, that’ll learn everbody...you just don’t go toe to toe with Big Insurance...not in this state.  It feels like the last scene in the Usual Suspects as Kevin Spacey limps away to freedom while everyone else is chasing “Keyser Soze"..."The greatest trick the devil ever pulled was convincing the world he didn’t exist.”

Posted by PappyOdaniel on 06-27-2008 at 05:47 PM [link]

JDberry at 11: 07 am what is implied by “ people who are not lawyers are getting considerable money from a legal settlement?”

Posted by Falcon47 on 06-27-2008 at 05:56 PM [link]

Falcon, you will have to ask Judge Biggers what the implication was.

But it’s generally held that those such as the infamous P.L. Blake is to whom he is referring.

Posted by JDBerry on 06-27-2008 at 06:47 PM [link]

tttf: I can’t speak for all, but I was more interested in Dickie Scruggs’ problems than in others’ because I have waited for YEARS to have his unethical behaviour at least acknowledged. While he was being lauded by the public generally, his lack of ethics was obvious.

The tobacco litigation established that he would steal documents, pay witnesses, leak documents (to Congress, for goodness’ sake, and worse than that to Waksman, who is too stupid to do anything but grandstand), manipulate the press and pay PL Blake, his informant and who knows whom else. His moral compass was again revealed with the Katrina cases.

Where has the Bar Association been all these years? Especially when individual lawyers complained about this sort of behaviour? What about the press? How about a public statement from the state’s public law school, or was the school bought off?

As far as I know, Judge Acker was the first to call Dickie’s hand (although he was undermined by a bone-headed decision from the judge who heard the contempt issues). The next one was Judge Lackey, followed by the US Attorney’s office.

But the one who really got Dickie in the end was Dickie. In my humble opinion, he got by with so much for so long that he felt invulnerable. If Judge Lackey had just been corruptible by that “small” bribe, Dickie could now be keeping on keeping on.

Posted by MsNExile on 06-28-2008 at 10:26 PM [link]

Pappy: How sad that anyone put his faith in Dickie Scruggs. I’m sure there are many Katrina victims who still suffer. I am not sure what how many of them actually have a legitimate cause of action, but those who do need to find a legitimate lawyer. Not a press hog or “friend of the little man,” but a real lawyer. The kind who would say, You don’t have a cause of action.

Posted by MsNExile on 06-28-2008 at 10:27 PM [link]

This is another in a long line of examples of the old adage - “money can’t buy happiness”.  If Mr. Scruggs was content with his wealth, status and now evidently ill-gained success he wouldn’t have risked it all for a few million $$ in legal fees.  Not only has he tainted the rule of law and himself but he has taken his firm, friends, and son down in his unabashed greed and arrogance.  My sincere hope is that the rest of the bacteria in the MS legal cesspool (i.e. Moore and Hood) will get a dose of disinfection in the near future.  Word

Posted by wordisborn on 06-29-2008 at 03:15 PM [link]
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