Quoted from the Asbury Park, N.J. Press Sat. Mar. 5, 2005:
NEWARK- A federal judge sentenced multimillionaire developer and Democratic Party political donor Charles B. Kushner to two years in prison Friday, declaring that Kushner's wealth, power, and widespread charity don't trump criminal acts that included tax fraud, campain finance violations and witness retaliation.
Prosecutors argued before U.S. District Judge Jose L. Linares that regardless of his stature, Kushner should serve the maximum time in prison outlined in an August plea deal for crimes they labeled "vile and outrageous."
The top political donor for former governor James E. McGreevey and a top contributor in national Democratic Party circles, Kushner was charged last July with 18 criminal counts, including a scheme that involved hiring a prostitute to seduce his brother-in-law and mailing a video of the tryst to his sister to discourage her testimony against him.
But Kushner's attorney, Benjamin Brafman, insisted his client was also a victim in what he termed a "family squabble gone awry." Brafman urged Linares to examine all aspects of Kushner's life, and later said he was angry and disappointed that the judge failed to acknowledge some 700 letters from Kushner supporters calling for leniency.
"My poor judgement was really rooted in a very sad, very tragic family dispute that got out of hand," a stiff, stoic Kushner told Linares in a soft but firm voice. "But what I did was wrong. It was shameful.
"I lay awake at night, and I think about the grief and the pain I've caused my family, my friends," Kushner continued. "I know that my parents are crying from heaven.
"What I did was horrific," Kushner admitted, "but on balance, Your Honor, I'm still proud of my life."
Linares called Kushner's actions "incomprehensible, indefensible, and...reprehensible," and ordered him to pay a $40,000 fine--the maximum under the plea agreement--and complete two years probation upon his release from prison. Linares also ordered a psychiatric evaluation for Kushner, noting the kind and charitable aspects of Kushner's life and his criminal behavior "cannot be easily reconciled."
"Whatever family problems, whatever hatred existed, does not excuse what happened, " Linares said, ordering Kushner to surrender himself to police by 2 pm on May 9, when he will be taken to a federal prison in Montgomery, Alabama. A dozen family members, including his wife, Seryl, surrounded Kushner after Linares' decision, embracing each other and dabbing their eyes.
U.S. Attorney Christopher J. Christie praised Linares and underscored that federal investigators are continuing their probe of Democratic fund raising. Christie's office has charged or convicted 76 public officials--including 11 arrested in Monmouth county last week--in the past three years.
"The message today is no matter how rich or how powerful you are in the state, if you decide to break the law...you will be dealt with firmly, Christie said after the sentencing, adding that Kushner's crimes "cast a pall" on his charity. "When you commit these kinds of inexcusable, vile, heinous acts, you have to pay significantly with your liberty."
Assistant U.S. Attorney, Scott Resnick, who argued the case, said Kushner used his "wealth, power, and influence" in ways that undermined the nation's tax code, democratic system, and judicial process. The severity, scope, and outrageous nature of these felonies cry out for a sentence at the top of the guidelines. Today, before the law, he's just a man, no better, no worse than the rest of us."
Brafman maintained that Kushner's generosity should have reusulted in the minimum sentenc--18 months--outlined in the plea. His client's actions, such as financing brain surgery for the mother of his receptionist or retrofitting an apartment for a handicapped stranger he met at a synagogue, should "count for something," he said.
"He's an extraordinary man who earned over a lifetime, some consideration from a sentencing judge," Brafman said. Sentencing Mr. Kushner to jail is not good for the country..."
Anyone see the parallel between this and Dostoevsky's Crime and Punishment? Comments?
same thread also here:
http://flashdaddee.com/forum/showthread.php?t=21
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