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ZorbaTHut  1yr ago (text post)   31262 thread views

Culture War Roundup for the week of October 17, 2022

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Steve Bannon Sentenced to 4 Months in Prison Archive link

The infamous, triple-shirted, right-wing political provocateur was sentenced Friday for defying the Congressional investigation into the Jan. 6, 2021 insurrection. He was also fined $6,500.

Bannon faced a maximum possible two years under the law. Prosecutors had asked the judge for six months, which was the longest sentence they could request in accordance with federal sentencing guideline calculations that account for the broader circumstances of the case. Bannon’s attorneys had asked Judge Carl Nichols for probation.

Bannon’s forthcoming stint in prison could be just the start of a new life behind bars for the longtime Trump ally, however. That’s because Bannon’s also defending himself in a much more serious financial fraud case in New York, in which he’s accused of ripping off Trump supporters who donated funds for an allegedly-sham charity to build a private wall on the U.S.-Mexico border.

In the New York case, Bannon faces as much as 15 years of incarceration for just the most serious of his five alleged felonies.

Interesting how the state fraud change for his wall scam, which affected average individuals, has a waaaayyy worse max punishment than the contempt of Congress charge, which affects one of the highest offices of the land. Same for contempt of court, tax evasion...pretty much anything except treason or espionage is punished less severely than basic fraud. It's one of the quirks of the criminal justice system that fraud against an individual or company is not uncommonly punished way worse than defying the fed. government.

Trump pardoned Bannon for the fraud case on a federal level, but this does not apply to state charges. However, if found guilty, he could be eligible parole, because it's state, unlike the federal charge, so that's good news for him I guess.

It's one of the quirks of the criminal justice system that fraud against an individual or company is not uncommonly punished way worse than defying the fed. government.

Fraud against an individual or company is less important but it is easier to hide. I think the rational punishment is proportional to b/p where b is the benefit for the criminal and p the probability to get caught. If you have 50% chance to be caught stealing a 100$ bike, the punishment for that should be roughly 200$ so that on average you get nothing. If you put it at 100$ stealing bikes is a profitable business model.

I think it is assumed that people do not get much benefit through the contempt of Congress/court, and get caught quite easily. On tax evasion, the explanation might be different.

wears three shirts at once

Steve Bannon won’t get parole. It’s New York and he’s Steve bannon. He’ll get every possible maximum sentence because Letitia James views her office and being about punishing conservatives as much as it is about enforcing the law.

In NY, a scheme to defraud fewer than 10 people is a msidemeanor. A scheme to defraud 10 or more people is a Class E felony, which carries a penalty from no jail time to 4 years. Welfare fraud is also a Class E felony, as is defrauding the govt. The specific crime Bannon is charged with might carry a higher sentence, but your premise that regular fraud is punished worse does not seem correct.

Class E felony,

Yeah for a single state charge you are right. Bannon got multiple charges, for a maximum of 15 years. That's part of the reason why fraud charges are so bad because it's easy to stack them and add in conspiracy and money laundering to the mix, too. Federal is way worse. A single wire fraud up is punishable to 20 years, versus 5 years max for tax evasion, which I have always found odd because in the latter the 'victim' is the fed. govt., so one would assume it would be punished more severely, but just 5 years. or https://whitecollarattorney.net/federal-sentencing-guidelines/

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