Monday, October 14, 2013

Judge Hands Down Very Nearly The Longest Sentence Ever To Public Official For Corruption And Tax Fraud

It was very nearly the longest sentence ever handed down to a public official for corruption – and tax fraud. Today, Kwame Kilpatrick, the former mayor of Detroit, once considered a bright light on the national political stage, was sentenced to 28 years in prison.

It's a stark turn-around from 2001 when Kwame Malik Kilpatrick became the youngest person ever elected mayor in the city. Kilpatrick's campaign focused on the promise of a better Detroit. He was eventually regarded as one of they worst mayors of all time.

A jail sentence won't be anything new for Kilpatrick. Prior to the federal charges served in 2010, Kilpatrick had already been charged and spent jail time for multiple felony counts, including perjury, obstruction of justice, misconduct, and conspiracy. He took a plea for those charges, agreeing to limited time in jail, $1 million in restitution to the City of Detroit and the surrender of his law license. Reportedly, he attempted to hide assets while in jail – including making misrepresentations about his assets – and was sentenced to additional jail time as punishment.

While Kilpatrick was in jail on felony charges, he was indicted on a number of federal counts of fraud and tax evasion. Among the allegations was the claim that Kilpatrick used a tax-exempt charity, the Kilpatrick Civic Fund, to pay personal expenses including cars and personal trips. He was also accused of filing false tax returns for the years 2003-2007 by not reporting $470,951 in income and failing to report $171,751 in income for 2008.

Kilpatrick was eventually convicted of the most serious of the charges against him, including one count of tax fraud. The sentencing recommendations called for at least 28 years for Kilpatrick's role in robbing the City of Detroit of millions of dollars. Kilpatrick's attorneys argued for much less time: about 15 years.

When announcing the sentence, Judge Nancy Edmunds, focused on the enormity of the damage wrought by Kilpatrick. Judge Edmunds noted that Kilpatrick still owed money for restitution (more than $850k) and had been charged with a number of crimes while serving as mayor. Kilpatrick was arrested at least three times since he took office as mayor and had been sent back to jail for violating terms of his release. Even worse for Judge Edmund, Kilpatrict had involved a great deal of other people in his enterprise: at least 34 other people are said to have been convicted for crimes related to Kilpatrick's activities. That's not a fluke. It's a pattern.

Despite the fact that Detroit was in economic crisis – fighting its way out of a $230 million deficit – Kilpatrick treated city funds like his own piggy bank. He defended his spending as necessary for his image, that of a "hip-hop" mayor, popping bottles of Moet & Chandon champagne and driving a cherry red Lincoln Navigator. He has never expressed remorse for his behavior, instead being combative at times and playing the race card.

Kilpatrick's seeming lack of remorse and his spending – on the taxpayer's dime – eventually caught up to him. His conviction and eventual sentencing took time but nonetheless made a statement about the severity of his crimes.

Richard Weber, Chief, IRS – Criminal Investigation, whose office was instrumental to the take down of Kilpatrick, had this to say:

Kilpatrick violated his oath of office and the trust of the people of Detroit. Instead of acting in good faith as a state legislator and mayor as he swore he would, Kilpatrick relentlessly used his status to enrich himself at the expense of his constituents. Public corruption cannot and will not be tolerated and is one of IRS-CI's highest priorities, and this case is a perfect example of how our agents followed the corrupt money trail, leading us straight to Kilpatrick and co-conspirators.

When he was forced to resign in 2011, Kilpatrick offered simply this: "Detroit, you done set me up for a comeback."

It's highly unlikely. When he is slated for release, Kilpatrick will be 71 years old.

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