Kurniawan story focus of "The Con" documentary, airs on ABC March 24, 10 PM

[DavidG]

The reminder of John Kapon's and Acker Merrill Condit's complicity in the Kurniawan caper in the backfilling thread reminded me that ABC will be focusing on Kurniawan for an episode of their documentary series "The Con." Scheduled to air March 24 at 10 PM.

[JimHow]

I don’t know why, there’s a small side of me that feels sorry for the guy. Not in any way condoning it, of course, I just think he definitely got too long of a sentence. I’m just a bleeding heart when it comes to criminal justice, too much incarceration in this country. I wrote another article on the subject that was published in today’s paper:

https://www.sunjournal.com/2021/03/07/j ... se-system/

[William P]

Thanks David for the heads up.

James, I definitely understand where you are coming from. I'm not you and I have no sympathy for Rudy. This is not a case of police or system abuse.

Bill

[Claudius2]

Jim
Good article and I wish lots of activities not just criminal defence was based on apolitical factors.
Cheers
Mark

[DavidG]

That is a great article Jim and I agree that POC, those with addiction, and the poor have the deck stacked against them. That playing field should be leveled.

Rudy wasn’t indigent, however. Was it nine years with time off for good behavior? That followed by deportation sounds about right to me for what he did.

I’d like to move a bunch of people with drug problems from prisons to treatment centers, freeing up space for more white collar criminals and the truly violent. You all probably know who I'd like to see go into the first cell that’s freed up...

[Claudius2]

David
I have never quite followed the sentencing in the USA as sometimes people seem to get long sentences for what seems to me to be rather minor crimes.

I started my career in drug & alcohol rehab and sometimes accompanied our clients to courts, and had to listen to a lot of moralistic pontificating about their dependencies.

My simple solution is that drug and alcohol abuse should be seen as a health matter and treated as such. To spend years in prison for drug usage hardly helps anyone and wastes enormous resources. So much crime comes from drug usage across the planet to fund their purchases, so illegality benefits dealers and nobody else - maybe the legal system as well.

Politically it isn’t acceptable as people who are not part of the narrative get scared and won’t vote for “soft on crime” politicians. I’ve had the same argument in Australia with health ministers and advisors and mostly they agree that the political imperatives lead to deaths and wasted resources - but they can’t do anything about it AND get elected. I feel sick....

[OrlandoRobert]

That is a great article Jim and I agree that POC, those with addiction, and the poor have the deck stacked against them. That playing field should be leveled.

Rudy wasn’t indigent, however. Was it nine years with time off for good behavior? That followed by deportation sounds about right to me for what he did.

I’d like to move a bunch of people with drug problems from prisons to treatment centers, freeing up space for more white collar criminals and the truly violent. You all probably know who I'd like to see go into the first cell that’s freed up...

I agree with all of this.

I think the case with Rudy, and Jim’s sympathy in that regard – and by the way I’m a bleeding heart liberal like he is on criminal and penal issues - shows that we simply cannot as a society put our hands around the concept of long sentences for what essentially are white collar crimes. So an 18-year-old drug addict that robs a convenience store for $20 and change, can conceivably get it a far longer sentence than a Wall Street trader that made tens of millions of dollars off phony investment schemes. I’m not sure how we fix that, because every state is different, every prosecutor and judge is different, and every jury is wildly different.

[JimHow]

My view is that incarceration, especially lengthy incarceration, should be reserved for only the most extreme of cases, and certainly not for non-violent crimes.

For example, I think the fact that Bernie Madoff got a life sentence is absolutely ridiculous, especially since most of the victims have been made whole. The Great United States of America has like the highest incarceration rates in the world by far, behind I think only China and Saudi Arabia. We must be proud to be in such distinguished company.

In Rudy's case, I'm pretty sure even Maureen thought he got a raw deal. When Maureen thinks a sentence is excessive, then that's a harsh sentence!

[AKR]

I don’t know why, there’s a small side of me that feels sorry for the guy. Not in any way condoning it, of course, I just think he definitely got too long of a sentence. I’m just a bleeding heart when it comes to criminal justice, too much incarceration in this country. I wrote another article on the subject that was published in today’s paper:

https://www.sunjournal.com/2021/03/07/j ... se-system/

I thought that Maureen said he was sentenced for that length of time because of his refusal to cooperate in bringing other members of the conspiracy to justice?

[JimHow]

She discusses the sentence at the end of "Sour Grapes," my recollection is that she thought there had been unfairness towards Rudy, but I could be wrong on that, I'd have to go back and look. We discussed it in person with her at Timmy's birthday party in France but I don't recall specifically what she said.

[marcs]

My view is that incarceration, especially lengthy incarceration, should be reserved for only the most extreme of cases, and certainly not for non-violent crimes.

For example, I think the fact that Bernie Madoff got a life sentence is absolutely ridiculous, especially since most of the victims have been made whole. The Great United States of America has like the highest incarceration rates in the world by far, behind I think only China and Saudi Arabia. We must be proud to be in such distinguished company.

In Rudy's case, I'm pretty sure even Maureen thought he got a raw deal. When Maureen thinks a sentence is excessive, then that's a harsh sentence!

His sentence was clearly excessive. Even in the world of wine fraud it was excessive. He got twice as long as John Fox did!

Now compare to violent crimes. You could be convicted of aggravated assault that hospitalized someone and damaged their health for the rest of their life, causing permanent injury, and get significantly less than ten years. Hell, you could probably have more than one such assault and get less than ten years.

So it was excessive just based on American sentencing patterns. Now add to that that American sentencing is already quite excessive compared to other countries...

[JimHow]

I got this guy acquitted on an attempted murder charge for stabbing his partner multiple times in front of their 7 year old son.
But he was still convicted of aggravated assault.
The judge gave him 4 years...

https://www.sunjournal.com/2017/03/02/g ... ng-attack/

https://www.sunjournal.com/2017/06/01/a ... g-fiancee/

[marcs]

OK, fine, Jim, but did he pass off California Merlot as DRC or Petrus to rich pretentious wine collectors with more money than they knew what to do with?

[DavidG]

I have no quarrel with the position that our criminal justice system is grossly inequitable. The Fox/Kurniawan discrepancy is a good example but a minor one compared to some of the ridiculous sentences handed out for minor crimes.

I don’t think nearly all of Madoff's victims were "made whole." I do think that white collar criminals who cause substantial financial harm to others should spend some serious time in prison. I believe it may be more of a deterrent for them than for people with drug problems or for many of the poor and violent criminals who may feel they have little to lose. Prison likely looks like a much bigger deal to a captain of industry than to the enforcer for the local drug lord.

I take particular exception to Marcus' implication that if the victims of a crime are either rich or unlikeable, the punishment should be reduced. That’s just wrong.

[s*d*r]

Isn’t degree of harm to the victim, whether physical, mental or financial, taken into account in the sentencing phase of a criminal conviction?

[DavidG]

Yes, Stu, it is. Not that it’s applied equitably or proportionally.

If I stole $500,000 from a millionaire, should my sentence be 1/1000th of that if the victim was a billionaire? If I stabbed a 300 pound guy, should my sentence be 3 times longer if the victim was 100 pounds?

Of course those are ridiculous examples.

But the people swindled by the likes of Rudy, Fox, Madoff, and a bunch of bankers that weren’t even charged after the CDO debacle all suffered. They didn’t die, but there were a whole lot more of them than the victim and family of the typical person who has committed murder.

I have more trouble with a murderer getting 4 years than I do with Rudy getting 9.