Comments on: Lerach: “Serving Time, but Lacking Remorse”

By: Rebutting Bill Lerach in Portfolio

Rebutting Bill Lerach in Portfolio — Mon, 30 Jun 2008 11:43:30 +0000

[…] Frank has some further thoughts on that point. And note (from Nocera) that Lerach’s “everyone did it” swipes at his colleagues […]

By: Ken

Ken — Sat, 07 Jun 2008 17:58:58 +0000

And by the way, for clarity, the guilty plea alone was sufficient to get the acceptance of responsibility adjustment. Any letter or statement of apology is just frosting (and an appeal to leniency within a guideline range, and post-Batson, to go below the guidelines). A judge certainly can refuse to give acceptance based on lies in such statements, but it is unlikely that the 9th Circuit would overturn a judge who declined to do so.

By: Ken

Ken — Sat, 07 Jun 2008 17:56:14 +0000

I was an AUSA in that office, and practice criminal defense now.

The USAO almost never charges perjury or obstruction separately based on a defendant lying at trial or at sentencing. I suspect it’s a cultural thing, plus if I recall correctly you’ve got to get all sorts of DoJ approval to do it. I think it would be widely perceived as sour grapes by a party unsatisfied with the result, and an attempt at the second bite of the apple (to further abuse the fruit metaphor). I suspect most federal judges would not like it, as it appears to impinge on their power.