Scruggs Scorecard
The Scruggs trial (see earlier post here) was to begin Monday, March 31 and as we all know all of the defendants have entered guilty pleas either to Count One of the Indictment, or to a Criminal Information (Zach Scruggs and Joseph Langston (who was not named in the original Indictment)).
A reader friendly scorecard of the pleas and potential sentences demonstrates that in a criminal prosecution grounded in a judicial bribery case where the underlying case involved a $26.5 million fee dispute, the defendants have entered plea agreements that are pretty favorable.
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Dickie Scruggs |
Faces five (5) years imprisonment, and the possibility of further prosecution (see p. 10). |
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Zach Scruggs |
The second defendant listed in the indictment faces a maximum sentence of three (3) years imprisonment after the government dismissed the indictment against him and let him plead guilty to an Information charging him with misprision. |
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Sidney Backstrom |
Will receive a sentence of not more that thirty (30) months imprisonment, with the possibility of further reduction pursuant to a United States Sentencing Guidelines Section 5K motion. |
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Steven Patterson |
Faces a maximum of five (5) years imprisonment, but the government agrees that he is a “minor participant” and that he will receive a 5K motion for sentence reduction. |
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Joseph Langston |
Faces a maximum sentence of three (3) years imprisonment with the possibility of a further reduction for cooperation if the government files a 5K motion. |
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Timothy Balducci |
Faces a maximum of five (5) years imprisonment, but the government has agreed to file a 5K motion for sentence reduction. |
1. Timothy Balducci was the first to plead guilty on December 4, 2007 to Count One of the Indictment, which is the conspiracy to commit bribery of an elected official. The important term of his plea is the cooperation provision, which provides that:
The government “acknowledges the fact that the defendant has already substantially assisted the government within the meaning of Section 5K1.1” and that if the defendant “ continues his cooperation and substantial assistance, the government agrees to file with the Court a motion for downward departure.”
So, Balducci faces a maximum sentence of 60 months, but will receive a Motion for Downward departure from the applicable guideline range in acknowledgement of his cooperation.
2. Joseph Langston was the next to fall on January 7, 2008. Interestingly, he was not named in the original indictment, but entered his plea after the government conducted a search of his law office. Langston entered his plea to a Criminal Information charging him with a criminal conspiracy separate and apart from that alleged in the Scruggs Indictment. Langston plead guilty to conspiring with Dickie Scruggs to attempt to influence Judge Delaughter related to the fee dispute in the Wilson v. Scruggs case. The relevant terms of his plea agreement are as follows:
¨ Langston’s plea was an 11(c)(1)(C) plea which caps his exposure to three (3) years imprisonment. 11(c)(1)(C) pleas are rare in federal court and generally district court judges do not like them because it ties their hands in terms of sentencing - if the Court accepts the plea agreement, then the sentencing recommendation becomes binding on the Court.
¨ Like Balducci, Langston has a cooperation provision in his plea agreement, and he can expect to receive a 5K motion for downward departure as well.
3. Steven Patterson, the only non-attorney prosecuted, was the next to plead on January 10, 2008. Again, Patterson entered a plea to the Count One conspiracy to bribe Judge Lackey in the Jones v. Scruggs, fee dispute case. He faces five (5) years, but he too has a cooperation provision in his plea agreement, and the government agrees that Patterson is a minor participant, which in the strange world of sentencing guidelines will have the effect of reducing his sentence compared to his co-conspirators.
4. Sidney Backstrom plead guilty on March 14, 2008. Again, Backstrom plead guilty to the conspiracy charge, but again, Backstrom’s plea has the following, rather exceptional provisions:
¨ His agreement is also a judicially disfavored 11(c)(1)(C) plea wherein the government agrees to recommend a “sentence not to exceed one-half (1/2) of the sentence imposed on his co-defendant, Richard Scruggs, which will not, in any event exceed 30 months incarceration."
¨ Backstrom too has a cooperation provision in his plea agreement.
5. Dickie Scruggs plead guilty on March 14, 2008 to the count one judicial bribery conspiracy and faces the maximum penalty of five (5) years imprisonment. Remember that the factual landscape out of which this conspiracy arose was to bribe the State Court Judge in a $26.5 million dollar fee dispute lawsuit.
The interesting backdrop to Dickie Scruggs’ plea was the prosecution's pronouncement that the plea did not protect him from further prosecutions arising out of pending investigations.
6. Zach Scruggs plead guilty on March 21, 2008 to a criminal information charging him with misprision of a felony.
¨ The indictment against him will be dismissed, and
¨ He faces a maximum term of imprisonment of three (3) years for the misprision charge.
So, we can expect at least one five year sentence (Dickie Scruggs), 2 sentences capped at 36 months (Langston and Zach Scruggs), one sentence capped at 30 months (Backstrom) and both Patterson and Balducci receiving sentence reductions following the government's filing of motions for downward departure. Interesting dispositions considering the conduct alleged.
