Corrupt Mississippi Judges and Former-Attorney who Bribed them Head Back to Prison

Attorney Paul Minor (left) Judges Whitfield and Teel

Friday I brought you the story of the former Mississippi Judges and the attorney who bribed them heading back to federal court for resentencing following reversal of that part of their convictions that related to the now-unconstitutional Honest Services law.  Former judges Teel, Whitfield and attorney Paul Minor are heading back to the federal prison following reductions in their sentences.  This is an excerpt from the Clarion-Ledger's reporter Jack Elliot's account:

Former Mississippi attorney Paul Minor saw his prison time cut by three years but failed to win his freedom Monday during resentencing in a judicial corruption scheme involving two ex-judges.

ex-attorney Paul Minor

All three were ordered back to federal lock-up.

U.S. District Judge Henry T. Wingate rejected the men's appeal to be sentenced to time already served in the case. But Minor and former Harrison County judges Wes Teel, 60, and John Whitfield, 48, all will serve less time than when originally sentenced in 2007. All are in prison now.

Minor was originally sentenced to 11 years. Wingate reduced it to eight years.

He and the two former judges had to be resentenced because a federal appeals court vacated their bribery convictions in 2009. The 5th U.S. Circuit Court of Appeals upheld other convictions, including honest services fraud against each of the men and racketeering against Minor.

Abbe Lowell and Hiram Eastland successfully argued the federal bribery argument in the 5th Circuit that resulted in Minor's resentencing.

Prosecutors said Minor, 65, would guarantee loans for the judges, then used cash and third parties to pay off the debts. Judges then ruled in his favor in civil cases. Minor has said the loans were meant to help friends in times of need and that he expected nothing in return.

Teel was sentenced to about four years in prison, a reduction of 19 months. Whitfield got about six years, a reduction of 22 months.

Teel and Whitfield already have served about 3 1/2 years each. Minor has served about four years and nine months, including time spent in treatment for alcohol abuse - rehabilitation ordered by Wingate.

[ . . . ] Earlier Monday, Minor told Wingate that he "deeply, deeply regretted" having let down his family, including his wife, Sylvia, who died in 2009.

Minor said his wife had told him to not get involved in politics, but he didn't listen.  "I am not the Paul Minor who was before you four years ago. I am a Paul Minor who is still a work in progress," he said. 

Assistant U.S. Attorney Dave Fulcher said after the re-sentencing that [U.S. District Judge] Wingate "made it clear that these convictions were serious offenses and the sentences were to reflect the seriousness" of them [. . . ] ingate said he was impressed by the contrition shown by the three.

"You have with your conduct earned a reduction" in the sentence, Wingate said.

Wingate said he also was concerned about the health of Teel and Whitfield. He said both men have been receiving medical treatment while incarcerated.

Teel had suffered a heart attack shortly after entering prison in December 2007 and had heart surgery in January 2008.

Whitfield suffers from Crohn's disease, which causes inflammation of the intestinal wall. There is no cure.  I am not the Paul Minor who was before you four years ago. I am a Paul Minor who is still a work in progress," he said.   [Judge W]ingate said he expected Minor to continue to get treatment for substance abuse for the remainder of his sentence and have random drug testing under the direction of prison officials.

Assistant U.S. Attorney Dave Fulcher said after the re-sentencing that Wingate "made it clear that these convictions were serious offenses and the sentences were to reflect the seriousness" of them.

The government had initially requested maximum sentences for the three men. Wingate said he would not do that, resentencing all three to terms that were less than those suggested in federal sentencing guidelines.

Wingate said he was impressed by the contrition shown by the three.

"You have with your conduct earned a reduction" in the sentence, Wingate said.

Wingate said he also was concerned about the health of [former judge]Winfield. He [noted that] both men [receive] medical treatment [in the BOP.]

Teel had suffered a heart attack shortly after entering prison in December 2007 and had heart surgery in January 2008.  hitfield suffers from Crohn's disease, which causes inflammation of the intestinal wall. There is no cure.
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This story should help in my continuing effort to disabuse you of the notion that life at the Club Fed is the high life.  It is often harsh, dangerous, and certainly objectively debilitating to older inmates' health.

Postscript: one of my commentators noted accurately that the "optical orange" uniforms are provided by the local jails when federal inmates are not actually in US Marshall custody, i.e. being housed local to US District Court.  In the case of Whitfield, Teel, and Minor the local county lockup. 

Optical orange is often used in-transit for the obvious reason that in the event of escape an inmate will (initially) be highly visible.  The stocking caps given to us at FCI, Morgantown over the winter were also optical orange while the uniforms are khaki.  But when I went to the HOLE/SHU, my uniforms (really all my property) were taken and I was given an oversize optical orange jumpsuit. ADSENSE HERE

Ex-Judges in Shackles, Living the High Life

Former Mississippi State Court Judge Whitfield enters federal Court

Jack Elliot, Jr.'s report at the Clarion Ledger about the resentencing of former Mississippi State Court judges and the lawyer who bribed them in the wake of the reversal of "honest service" convictions is pretty strong stuff and fits in pretty well with the widely-published story of the resentencing of Lord Conrad Black that was all over the Internet the other day.  Here's an excerpt:

A federal judge on Wednesday refused to throw out the convictions of imprisoned ex-attorney Paul Minor and two former judges.  U.S. District Judge Henry Wingate heard arguments on the defense motions but said if there were an error in the judicial bribery trial, it was harmless.

"The jury found facts establishing guilt," Wingate said.



The defendants (l to r), Minor, Whitfield and Teel prior to convictions

Now, Minor and former Harrison County judges Wes Teel and John Whitfield must be resentenced because a federal appeals court vacated their bribery convictions in 2009. The appeals court upheld other convictions, including honest services fraud against each and racketeering against Minor.  Minor has long said he did nothing wrong. He said the loans were meant to help friends in times of need and that he expected nothing in return. He was sentenced to 11 years.

Teel was sentenced to nearly six years in the case. Whitfield was sentenced to more than nine years.

Wingate heard pleas from attorneys for both that the two ailing former jurists be sentenced to time served. All three have served about 42 months of their sentences.

Wingate made no ruling Wednesday and recessed court until 10 a.m. today at which time he'll hear from Minor's attorneys.

Attorneys for the former judges said they were in poor health. Teel had suffered a heart attack shortly after entering prison in December 2007 and had heart surgery in January 2008.

Whitfield has Crohn's disease. There is no cure, and the causes are unknown. With the disease, the immune system goes awry, causing inflammation in the intestinal wall. The disease is controlled by drug treatments.

"I'm regretful," Teel told Wingate. "I didn't mean for any of this to happen. I really would like to go home."

Whitfield said he also was remorseful for what led to his conviction. "Had I followed my code of ethics ... I wouldn't be before you today. I apologize for the stain I have placed on the judiciary," he said.

The attorneys said both men have jobs waiting for them if they are released and have families who need them. The government, however, asked for the maximum sentence for all three. Assistant U.S. Attorney Dave Fulcher told Wingate that following the 2006 federal sentencing guidelines would result in each defendant getting longer prison terms.
[AUSA] Fulcher said the crimes were serious and the government would be consistent in asking for the longest sentences available. "All these defendants put justice (up) for sale," he said.   Fulcher said the pleas for leniency "do not overwhelm the facts of this case."

A main issue raised by the defense is that the case was not built on bribery, and was instead based on matters like concealment. The defense contends recent court rulings narrow the scope of honest services fraud and concealment no longer applies.

Prosecutors said concealment was just an element of a bribery scheme. They say Minor orchestrated a complicated scheme in which he guaranteed loans for the judges, then used cash and third parties to pay off the loans. The judges then ruled in his favor in civil cases[ . . . ]
The [now, unconstitutional] law sa[id was] a crime for a public official to deprive citizens of honest services while in office[.]
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There, you go, some crooked judges and lawyers living the high life at their regional Club Fed.  They put justice "up for sale," of course that never should be allowed in our courts. ADSENSE HERE

Living the High Life at Club Fed

In a filing relating to the resentencing of Lord Conrad Black, the former Canadian Media mogul convicted of mail and honest services fraud, federal prosecutors are arguing that Black was living an imperious life-style during his previous incarceration.  Debra Cassens Weiss blawgs at the ABAJournal.com as follows:

"Prosecutors are pointing to allegations that one-time media mogul Conrad Black treated inmates like servants and had a supercilious attitude in an effort to send him back to prison.

Black was convicted for defrauding Hollinger International and served 29 months in prison before he was released on bail. The U.S. Supreme Court overturned two of his convictions for honest services fraud, but did not disturb convictions on another count of fraud and obstruction of justice.

Black’s lawyers describe him as a model inmate and say he shouldn’t have to serve any more prison time after he is resentenced on June 24, the Chicago Tribune reports. Prosecutors responded with affidavits by prison workers.

A [federal Bureau of Prisons] unit manager said Black had an entourage of inmates who performed services for him, such as ironing his clothes, the Tribune says. Some inmates saluted Black every time that he taught GED classes. While he was teaching, an education specialist said, Black 'projected the attitude that he was better than others in the class, both faculty and students.'"
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Don't you love this, Conrad Black deserves to be punished severely because when we punished him before he had a bad attitude.  Just imagine it, the US federal prosecutors obtained a conviction, in part, based on an unconstitutional enactment, the US imprisoned this wealthy bastard--how dare he maintain his imperial attitude while in jail. 

Seriously, having a few months of personal experience with Club Fed, I can assure you that Conrad Black was not treated specially.  They don't do that.  Everyone is treated like crap.

And when you live with hundreds of inmates, many of them without any access or resources to enable commissary or phone expenditure you encounter every imagineable hustle--including, inmates who do laundry, provide ironing or orderly services for one another in exchange for commissary purchases, i.e. candy bars, vending debit cards, stamps, and as I blawged before "cans." 

It's offensive that federal prosecutors would attempt to massage this sort of thing into a claim that a defendant (who to some extent was wrongfully imprisoned) was living the high life and now really deserves punishment. What a crock!

Note:  I just noticed where the Sentencing Law and Policy blawg has an excellent post on this as well. ADSENSE HERE