In the Courts

On Jan. 20, 2012, the D.C. Circuit Court of Appeals issued an opinion refusing to amend or modify the plea agreement of Michael Scanlon, an associate of Jack Abramoff who pled guilty in 2005 to conspiracy to bribe federal officials, money-or-property mail and wire fraud, and honest services mail and wire fraud in violation of 18 U.S.C. ' 1346. United States v. Scanlon, –F.3d.–, 2012 WL 164064 *1 (D.C. Cir., Jan. 20, 2012). The court held that the courts are authorized under Rule 11 of the Federal Rules of Criminal Procedure only to accept, reject or defer plea agreements, but not to amend or modify them. Id. at *2.

In 2005, Scanlon pled guilty to charging clients inflated prices for the purpose of generating funds that he then used to bribe public officials, as well as to provide kick-backs to lobbyists who referred clients to his firm. Id. at *1. Along with his plea, Scanlon also agreed to pay restitution to the victims of his crimes, with estimated losses of approximately $20 million. Id. The plea agreement was accepted by the district court, and for five years prior to sentencing, Scanlon cooperated with the government in its investigation of Capitol Hill corruption, pursuant to the agreement.