Zach Scruggs sentencing memorandum

Zach’s memorandum notes: “Probation concluded that Zach Scruggs was ‘in the conspiracy from the beginning and was aware of the efforts to corruptly influence Judge Lackey.’” Zach notes that while he was aware of Balducci’s “efforts to personally influence Judge Lackey” he “was not involved in any decisions, efforts, or agreements to pay money to Judge Lackey.” He argues his minimal participation and that the crime he pled guilty to failing to report was “honest services fraud” not bribery. He asks that the amount involved be reduced based on the fact that he was only a 10% owner of the law firm.

It concludes with a bit of drama: “[I]n the event that the Court, after having reviewed the facts, circumstances, and arguments surrounding this plea and the Government’s recommendation, is not inclined to accept the recommendation, Zach Scruggs asks for the opportunity to discuss the matter in a pre-sentencing conference with the Court and the Government.”