One of the main reasons we are requesting Clemency from President Trump is because of fairness. Fairness in sentencing. We do not believe our father was given a fair sentence, and the facts are on our side.
We believe any fair minded person would agree that a 30 year prison sentence for a first time offence of a non-violent crime is Unjust & Unfair. In addition to this Universal truth is the evidence below, that shows specific examples of others sentenced for similar offences receiving MUCH LOWER sentences.
The largest driving factor in determining sentencing length in fraud cases is the amount of loss. Courts have repeatedly concluded that sentences driven by these guidelines are too extreme because utilizing a single factor, that of amount of loss, magnifies the range to an unreasonable length of time.
While “Loss Amounts” can be very deceiving, they are always assigned in any monetary case, and they are often used as a large factor in determining the sentence length imposed on a convicted individual. At the time our Father was Convicted and Sentenced, the Average sentence given to individually convicted of similar crimes was about 2-5 years in prison. (Our Father was given 30 Years)
Our Father‘s “loss amount” was set at 35 million and he received a 350 month sentence, (30 Years).
The disparity between our dad’s sentence and other fraud cases is staggering.
Here is a small example of other sentences imposed in cases related to fraud and their associated loss amounts relative to the time our father was sentenced.
1. Ronald Ferguson (D. Conn. 2008) CONVICTED AT TRIAL. 544 million loss amount. Sentence imposed—24 months.
2. John Whittier (S.D.N.Y. 2007) PLEAD GUILTY. 88 million loss amount. Sentence imposed—36 months.
3. Richard Adelson (S.D.N.Y. 2006) CONVICTED AT TRIAL. 50 million loss amount. Sentence imposed—42 months.
4. Raquel Kohler (S.D. Fla. 2007) PLEAD GUILTY. 471 million loss amount. Sentence imposed—60 months.
5. Jamie Olis (S.D. Tex 2006) CONVICTED AT TRIAL. 79 million loss amount. Sentence imposed—72 months.
6. Lennox Parris (E.D.N.Y. 2008) CONVICTED AT TRIAL. 7 million loss amount. Sentence imposed—60 months.
7. Stephen Richards (E.D.N.Y. 2006) PLEAD GUILTY. 2.2 Billion loss amount. Sentence imposed—84 months.
8. E. Kirk Shelton (D. Conn. 2005) CONVICTED AT TRIAL. 3.275 Billion loss amount. Sentence imposed—120 months.
9. Aaron Jacobowitz (E..D.N.Y. 2007) PLEAD GUILTY. 176 million loss amount. Sentence imposed–120 months.
10. John Rigas (S.D.N.Y. 2004) CONVICTED AT TRIAL.. 2.3 Billion loss amount. Sentence imposed—144 months.
As you can see E. Kirk Shelton has a loss amount that is almost 100 times more than our dad’s loss amount, yet our dad received a sentence 3 times higher than his. In almost all of the above referenced cases, the harm to some of their victims was staggering. It caused entire life savings and retirements to vanish, never to be seen again. The maximum loss to one of our dad’s customers was $200.
Our Dad has already served more time in prison, (over 12 years) than any one of these 10 referenced cases received for their entire sentence imposed.. Not to mention, their associated loss amounts are significantly higher than our fathers. This does not seem fair and just. There is only one person who can correct this wrong and make this right, and that is the President of the United States. HOW YOU CAN HELP
During his 12 plus years in custody, our dad has been persistent in his pursuit to become a model inmate, having never received one disciplinary action against him. he has been actively engaged in his continual education process and striving towards the completion of his bachelors degree. he has completed dozens of classes offered by the BOP in helping to shape his character while preparing himself to re-enter society as a productive citizen.
Sadly, our father has missed many years of his 6 children growing up, but he has always strived to have a continued relationship with us all and to diligently foster a loving relationship with us all to the best of his ability from Prison. He is now a grandfather with 3 grandchildren. If he does not receive relief, he will miss their childhood as well. HOW YOU CAN HELP
Please consider writing a letter to the President to ask him to Lower our Fathers Unfair and Unjust Sentence.