Bribery is bribery, and there’s no excusing it in our public officials. But in the "punishment fits the crime" department, there’s something wrong with the proposed sentence of Dollar Bill Jefferson when you compare it that handed down to Randy "Duke" Cunningham.
From Duke’s wiki:
Cunningham resigned from the House on November 28, 2005, after pleading guilty to accepting at least $2.4 million in bribes and underreporting his income for 2004. He pleaded guilty to federal charges of conspiracy to commit bribery, mail fraud, wire fraud and tax evasion. On March 3, 2006, he received a sentence of eight years and four months in prison and an order to pay $1.8 million in restitution.
That’s 100 months of prison time for $2,400,000 in bribes (and $1.8m to be restituted, but let’s set that aside for a moment) or one month for every $24,000 in bribes.
Now get a load of how long federal prosecutors want to put away Dollar Bill Jefferson:
Federal prosecutors are seeking the harshest prison sentence ever handed out to a member of Congress for former Rep. William Jefferson (D-La.), arguing that his “stunning betrayal of public trust” warrants what could be a life sentence for the long-time lawmaker.
The Justice Department is asking a federal judge in Alexandria, Va, to lock up Jefferson, 62, for up to 33 years, according to documents filed by prosecutors on Friday.
Surely Dollar Bill’s bribes must be in the tens of millions of dollars, too, right? Wrong:
According to DOJ estimate, these bribery schemes – which involved companies in west Africa – could have netted Jefferson and his family “hundreds of millions of dollars.”
Jefferson got $478,000 in bribe money, including $367,500 from Kentucky businessman Vernon Jackson. Jackson himself received a 87-month sentence, or more than seven years.
So Dollar Bill will get 396 months, if his prosecutors get their way, for $478,000 in bribes — oh, sure there’s lots more he "could have netted" but I bet there was lots more Duke "could have netted" as well.
That’s one month for every $1,207 in bribes.
(Not to mention the $90,000 recovered directly from Dollar Bill’s freezer that hardly needs restituting: it’s in the feds’ hands and has been since seizure.)
Of course, Duke’s a Republican, and Dollar Bill is a Democrat. Everyone knows that Democrats should be punished more severely than Republicans, especially when they are getting bribes from companies wanting to do business with African countries instead of defense contractors protecting American troops. IOKIYAR isn’t just for the law-abiding.
There’s another difference, too, of course. Why does a twenty-fold discrepency seem so familiar? Is bribe-taking by African-American Congressmen the new crack cocaine? Have sentencing disparities by race reached this far into our federal prosecutorial workforce?
Will no one call out this obvious racism?



46 Comments







that is hugely disproportionate sentencing teddy. thanks for bringing this to our attention.
recommended.
I’m sure there is a logical explanation for it, but it isn’t apparent. Especially since the $90,000 was recovered immediately and therefore doesn’t need to be restituted.
Yeah, there must be a “logical” explanation for it. Let’s see, what is different between Duke Cunningham and Bill Jefferson? Is there something that sets them apart for different treatment? Think think think think think…
Hey pooh,
Why are you trying to make something up.
Sentences vary from state to state and city to city.
It’s up to the judge.
I’m afraid that Dollar Bill’s toxicity might mean that no one leaps to his defense, but there’s something seriously wrong here.
And who knows what kind of bribe $$$ Cunningham has taken over the years before being caught? Didn’t seem like he was the least bit nervous about taking it.
Thanks for bringing this disparity up, I think. I can’t picture Cunningham without thinking of him in the hot-tub with his buddies and the escorts…
Soaking the American taxpayer for goodies for the bloated Pentagon is a time-honored tradition.
Was Jefferson’s crime something that cost the american people something?
“Bribery is bribery”?
In the US there’s legalised bribery and then that other stuff. These two were charged with what amounts to a technicality. Compare either of them or the former governor of Illinois with Ted Stevens or any of the ones never caught or any that took the money in a technically correct manner such as Obama.
And while we’re on the subject of lowlife gangsters in Congress, maybe we can think about driving Ken Calvert from office in 2010. He’s way past due for enjoying his retirement in a level IV correctional facility.
It’s not right, Teddy. What Cunningham did was much more of a stunning betrayal of the public trust, and he flaunted it, too.
Sigh.
IAMAA, but wouldn’t this be an obvious point for a retrial? It’s so obviously unfair and would seem to me to be racist, and I don’t usually knee jerk to that term.
Indeed, there’s a stark contrast there but one salient fact might be in play – Dollar Bill doesn’t have anyone to rat on(being at the relative apex of his personal graft pyramid), but Big Duke did.
Having something juicy to deal a plea bargain with goes a long way toward sentence reduction, and there’s a jumbo-size can of beans left to be spilled re: MZM and the CIA – or conversely, left unspilled (at least for public consumption, at any rate).
IOKIYAR – I live in CA50, which is the Dukestir’s former district. He had all these Repuke spooge buckets giving him fracking standing ovations when the Duke was on trial and all that. And oh they crying and sobbing when poor little Dukie-boy had to go to mean old jail.
Bill Jefferson deserves to be rightfully punished for his misdeeds, but dare I add that Mr. Jefferson has a dusky complexion.
What’s sauce for the gander is not sauce for the goose, and twas ever thus. But granted that Dukie probably ratted out others, which got him a nice big ole plea bargain.
Sickening. Sucks. What else is new?
How do you think Busby will do this time? I’m in CA-49, unfortunately.
Sorry to say that I don’t think Busby will do very well her third time out. I will vote for her… well, I’d vote for a dead duck before I’d vote the craptacular fake surfer phoney San Diegan Brian Bilbray (who’s no doubt out there sniffing the Duke-stir’s butt like the dawg he is and is trying to figure out how to get him some of that big fat old money for himself).
IMHO Bilbray has been a solidly unspectacular candidate who’s run three really poorly managed campaigns (this is the view from the outside, as well as some info that I’ve heard from those inside her circle, fwiw). Won’t get into the details, but the Democratic establishment in San Diego has made a poor showing in supporting candidates like Busby and/or bringing along other potential candidates to run in districts like this.
I think CA50, though, will stay solidly Repuke; that’s who those people are. The few and far between Dems who live there, like me, have to more or less keep our heads down. In that district, the people there are struggling mightily to maintain their tenuous hold on their middle to upper middle class standards of living, and they think only about themselves. They have solidly bought into the idiotic trickle down bunkum. None of them want to pay a dime in taxes, yet they all have their hands out when they have some need, such as when the wildfires sweep throughout the county.
I’ll shut up now, but don’t count on CA50 going Dem any time soon, esp if you’re counting on Busby. She’s a loser (sorry to say it).
Yep, and well you should, especially with the SD sheriffs’ proclivity for raiding and pepper-spraying Democratic fundraisers populated mostly by obviously highly dangerous middle aged women.
(btw… yes I know some middle aged women who know how to be dangerous when they need to be, including two dear friends, now a couple that’s been together close to 20 years, who met at their dojo and could tie me and most men into pretzels. I’m risking that stereotype, just as the ACLU did in its press release ;) Take a look at the comments thread of the post I linked to…)
Very strange. Hard to believe it’s just simple racism, but I sure would like to hear an explanation. Pity no one, anywhere, will ask the question.
It’s pretty clear to me, looking south from the Great “White” North that Jefferson’s biggest mistake was being born the wrong color. It’s just another variation on what happens to a young black man caught with drugs compared to the young white middle class white boy caught in the same situation. The DukeStir is most likely a rarity in his new digs, being white and all. That is unless they sent him to a ClubFed type institution like the one housing Lord Conrad Black these days.
Speaking of corrupt Congressmen, what’s with all the delay in prosecuting Tom Delay?
I keep asking about DeLay too. WTF? And he’s dancing (or attempting to dance)???
Could be worse (for both of them), according to the NYT:
Among various bribery punishments throughout history:
Death penalty
Stripped of citizenship and exiled
Blinding
Castration
Deportation
Flogging
Seizure of assets
Wonder if the FBI would plant some cash in Joe Lieberman’s freezer?
The fact that Jefferson was involved in taking bribes has probably been proven with other evidence (one would hope). But the cash in the freezer is just a little to telegenic to be on the level. It reminds one too much of the old days in which a Southern sheriff explained the death of a black wrapped in heavy chain and drowned in a river with the statement, “Ah guess he stole more chain than he could swim with.”
And why is Ralph Reed out of jail and rehabilitated to the point he was a GOP operative in Virginia’s election for governor?
$24,000/month vs. $1,200/month, i.e., fifty times the sentence per bribe dollar. An excellent analysis, Teddy.
You people are unreal.
If you can’t do the time don’t do the crime.
Stupidest post ever!
I think maybe you’re mis-reading people’s intentions here. We’re not saying Jefferson should be given a lighter sentence. We’re asking why Cunningham’s sentence is so light.
I mean, after all, in the light of this inequity, don’t you agree sentencing should be pretty much equal (in terms of months/dollars)? Or are you one of those who doesn’t think the ‘equal protection’ clause in the Constitution applies to Republicans?
And your response makes you “[Edited by Moderator. Do not personally insult fellow commenters].”
I see our resident trolls are out this morning…
Somebody not clean up after the dog?
Another difference in the cases is that Jefferson went to trial, while Cunningham made a plea deal. That usually lessens the sentence, and removes the ability to appeal later on. And who knows how many names Cunningham gave prosecutors?
Granted, there is a huge difference between the sentences. Jefferson was small time compared to Cunningham. Let’s hope the judge takes that into account.
Good points but don’t waste your time. These people already have their minds made up so don’t confuse them with too many facts.
Mr. Jefferson should have looked to my Senator, Max Bacus, to see the proper( or should I say “Healthy” )way to stock a freezer!
If I read this correctly you are comparing what the sentence a prosecutor is asking in one case with the sentence the court imposed in anaother. That’s apples and oranges.
What did the DOJ ask for in the Duke case? That is the more relevant comparison.
This brings to mind another New Orleanian involved with I.T. AND scandal-namely Lurita Doan -former head of GSA;who,incidentally was found guilty of violating the Hatch ACt.
Where’s the sentencing for her?
There was a good thread back in August about Doan over at Emptywheel.
Lurita’s husband Douglas Doan was a former CIA spook and an advisor to Homeland Security,and she has a particularly interesting history of conflicts of interest.Also intriguing that her scandal at GSA was brewing in the same time frame as Jefferson’s,too.
However,she is a Republican.
P.S.: For the height of irony,check out Jefferson’s Wiki page. You will see a photo of the cold cash in the freezer….put in Pillsbury DOUGH BOY pie crust boxes.
You can’t make this stuff up!
Doan’s resignation not seen as hindering GSA’s IT business – NextgovApr 30, 2008 … Doan’s resignation not seen as hindering GSA’s IT business. By Gautham Nagesh 04/30/2008. The abrupt resignation of the head of the General …
http://www.nextgov.com/nextgov/ng_20080430_8254.php – Cached – Similar
Very informative piece.
If you can’t do the time, don’t do the crime. A pox on all their houses. I’ll think of other trite sayings later, I’m sure.
A law that isn’t equally administered, and allows some crimes and criminals to light sentences compared to the crime, is like having no law at all.
Like our Government Americans are still convinced our law works.
We discount the innocent conviced and put to death.
The guilty that go free.
And all those inbetween that do the crime but get a slap on the hand for
I worked with a guy that did two years for smoking MJ at a football game.
I worked with another that stole and distroyed five cars and got six mo. probation.
OH! our wonderful law.
it.
You are comparing the actual sentence that Cunningham received to the prosecution’s proposed sentence for Jefferson.
Prosecutors always propose a high end sentence, but the actual sentence received is normally far less. I have no idea what the prosecution proposed for Cunningham.
A fair comparison would be the sentence Jefferson actually receives to Cunningham’s sentence.
Is this prosecutor a Loyal Bushie? Was Duke’s Prosecutor a loyal Bushie?
Thanks for bringing this to everyone’s attention.
I don’t remember the history of Cunningham’s case. Was the Duke-Stir threatened with a long sentence before trial?
You seem to forget: He cullud. And my Republican family in New orleans think that’s fair.
oh, by the way, did i ever mention that Carville lives two doors down from them? and his daughters go to same school as my nieces do? My parents — the ones who not too fond o’ da cullud folk — they defended James when I last visited down there and I was shocked they’d had Dickhead & Lady McCheney over for cocktails — and I called him a sleazeball. They corrected me saying “He’s very nice. different than when he;s on CNN”
Anyway, that’s my take o’ cullud folk in New Orleans. Day took it up da ass fo’ Katrina, now day take it up da ass fo’ da bribery.
Oh yeah. one mo’ thing. Back when da katrina hit, mah family very happy when da Blackwater tanks done patrolled dare streets, to make sure no cullud folk wuz lootin’ da area. ‘Course dis wuz before da lizard man carville arrive down south aginn fo’ his new career outa da beltway, so’z he could raises his chilrenns in da mannah he felt betta fo dem den da Washinnton DC area.
So you see how it all play out in da Crescent City. Dare mo culluds, but whitey still in charge behind dah scenes.
I hope y’all like mah storytellin’ skills. I learndid deze skillzes when ahh wuz but a boy down dare. mmm-hhmmm, dat right, it aint no mystery, dat where ahh learndidd it.
Frankly, I don’t unduhstand why youz iz so outraged bah hiz sentence. It seem about right to me.
Thanks for the clarification re Mr. “Boy” Jefferson: got it! ummmmhmmmmmm
And thanks for the clarification about Eeeel-Head, and his bff Dickbreath McRipUsAllOff: got it! ummmmhmmmmmmm
But actually, didn’t really need the clarification; think I got it a long time ago. Nonetheless, enjoyed your story-telling skills.
I’m not a frequent poster here, so I hope what might prove a controversial comment won’t be taken in the wrong way. At the risk of sounding like I’m bending over backwards to be “fair” to a putrescent white Republican or to a “justice” system that I do actually believe is racist and classist…. I think there’s a problem with your analysis, Teddy. We’re comparing the Dukester’s actual sentence after a plea deal with what prosecutors are seeking in an ongoing prosecution, so it’s not apples-to-apples.
Also from Cunningham’s wiki page:
So it may not have been as disparate as all that. We’d probably have to wait a while for an accurate comparison (i.e. see if Jefferson pleads, and if so, what his actual sentence winds up being). But the Wiki article does suggest that prosecutors might have been pushing for a heavy sentence at the beginning. It’s hard to tell, since the Wiki page might just have been referring to the maximum available sentence for everything Cunningham was charged with. I’m not sure whether one might, with some digging, be able to find out what sentence prosecutors were pushing for at the outset of Cunningham’s case. I’ll take a look at the articles referenced in the Wiki page’s footnotes for clues, but won’t be able to do that right away.
Just something to add to the mix. I suspect comments are going to close shortly on this post, so if you post a response, it’ll probably be the last word. I’m not attacking you, or your analysis, and I agree with the basic thrust of it, but I think we do need to be careful in what we’re using as a basis for comparison. Anyway, cheers, and thanks for all the info you share with us on FDL.
Jefferson’s is not an ongoing prosecution; he was convicted in a trial, so there’s no plea to be made at this point. I concede that I am comparing a sentence handed down and a proposed sentence, and that sentences for those who trouble the Federales with their constitionally-guaranteed trial by jury are treated much more harshly than those who roll over.
But — there won’t be any capability of affecting the sentence once the judge rules, so it seems only fair to bring attention to the apparent disparity right now, rather than wait for a handed-down sentence that can be compared to what Duke got.
Thanks for your kind words.
Gotcha. I hadn’t realized the Jefferson prosecution had proceeded through trial. Point taken and thanks. G
Teddy, will you indulge one more quibble?
I’m going to take mild issue with this statement:
Well, okay, I’m actually going to take issue with the implications and tone of the statement. Despite my disgust with many aspects of the US court and “criminal justice” system, race/class bias, skewed juries, draconian laws of all stripes, etc., etc., this is not one I have a problem with. Of course sentences are typically lighter for those who plead rather than go to trial. Otherwise, what advantage would there be for the defendant to plead in the first place? I don’t think you’re arguing for the abolition of plea bargains… or at least I don’t think you meant to.