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Swinging for the Fences

BY Howard W. Goldstein
August 30, 2005

On July 27, 2005, a Seattle federal judge sentenced the so-called “Millennium Bomber,” who was convicted of conspiring to bomb Los Angeles International Airport during the 2000 New Year's holiday season (and who cooperated with the government for a period of time and then stopped), to 22 years in prison. The government had sought a 35-year sentence for the 38-year-old defendant.

Only 2 weeks earlier, on July 13, 2005, a New York federal judge had sentenced Bernard Ebbers, the former CEO of WorldCom who was convicted of securities fraud in connection with the collapse of the multi-billion dollar telecommunications company, to 25 years in prison. The government had sought a life sentence for the 63-year-old defendant.

In March 2002, Arthur Andersen was indicted — a death penalty for financial institutions — under the federal witness tampering statute in connection with the government's investigation of Enron. Andersen's conviction led to its dissolution, with the result that tens of thousands of innocent Andersen employees lost their jobs. Andersen's conviction was ultimately reversed unanimously by the Supreme Court, because the charge to the jury did not make clear the knowledge element of the offense and was therefore broad enough to capture innocent conduct.

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