I am a 1996 graduate from the University of Connecticut with a B.A. in Sociology and a certificate in Criminal Justice. In my senior year at UCONN I was an intern at the States Attorneys office in Hartford and had the intention of attending law school after a break from graduating. Instead I took a job at a family friend’s mortgage company and a few years later opened my own, which I operated for nearly 10 years… until the company was sued civilly for predatory lending stemming from an employee that I terminated for fraud. A few years later I was indicted criminally on 20+ counts related to mortgage fraud.
My prosecutor thought a 27 month sentence was fair and just given the sentences of other ‘similar’ codefendants, as he stated in his Sentencing Memorandum and during my sentencing hearing. My presentence report echoed that. So why am I serving a 41 month sentence? Because my judge misread my plea, ignored Supreme Court case law along with policy statement in the U.S. Sentencing Guidelines, and plainly stated that he doesn’t have to consider sentence disparity between codefendants since my codefendant simply received a better plea. So basically my sentence is not indicative of my actual crime and culpability, but rather of the quality of my attorney and the refusal of the prosecution to heed the policy statement in the U.S. Sentencing Guidelines and consider sentencing disparities in the plea that is offered.. One would think that there are avenues to correct this such as an appeal. My brief has been filed since January of 2013. Policy states the prosecution has 90 days to respond, yet in another act of circumventing policy, the prosecutors still have yet to file a responding brief. They did file a motion however to simply have my appeal dismiss. Why would they do this when the government themselves asserts my sentence is unfairly high? Because they are adversarial to the point of insanity. Insanity for me, the one sitting in a federal prison camp waiting for this lengthy process that could simply have been avoided if my prosecutors, attorney , and judge and followed the policies set forth in the Federal Rules of Criminal Procedure and the U.S. Sentencing Guidelines Manual.
The true victims of my crime are my children. When I feel like giving up to this frustrating and insane process, I think of those two boys who were not given a voice or a consideration in this process, again against written policy of court procedure and policy guidelines. I am 39 years old and self surrendered to the Danbury Prison Camp in July of 2012. My sons David, 3 and Jacob, 5 have been struggling with my absence, as I was their sole caregiver physically, emotionally and psychologically. That has been the worse punishment of all.
In all I have read of sentencing considerations, it continues to baffle me how the children are not systematically given consideration in weighing an appropriate sentencing. Couple this with the findings of the CultureQuantiX study and it is no wonder why this criminal justice system is in such need of reform.
Reg # 17986-014
Federal Prison Camp – Danbury
33 1/2 Pembroke Station
Danbury, CT 06811