Cohen Sentence? Appeal?

[Shawn]

Maybe I missed this when I was away, but can anyone tell me if Mr. Cohen was sentenced on those eight counts yet, and if so, what he got?

If sentence has been passed, have the appeal papers been filed yet?

Thanks.

[JC]

It got postponed again. My new sentencing date is August 9th at 4 PM.

In the 2nd Circuit you can not file an appeal until you are sentenced. I understand this just a formality and we will be filing some one or two page forms within a couple of days after the sentencing.

According to the probation report I get 12 points for my base offense and another 4 points for being the leader of an organization of 5 or more. The prosecution is trying to have 2 more points added because they contend that I "perjured" myself during my testimony in an effort to "obstruct justice." Nothing could be further from the truth.

Anyway, according to the probation pre-sentencing report, the 16 points sets a sentencing guideline range between 21 and 27 months. At the end of the report the office recommends 21 months. I think if the government prevails in adding the 2 points it amounts to another 6 months.

We are making a motion for "downward departure." Since this is an atypical case the judge has the power to ignore the guidelines and give a lighter sentence including no jail if he sees fit. The government seems intent on vigorously opposing our motion.

It is at the judge's discretion whether or not I remain on bail pending appeal.

That's about it for now. I'm not dead, I'm not out. I've actually been trading options againg. Hmmmm, what's that like? :-)

Thanks for inquiring and thanks for all of the letters.

[Rache13]

JC,

You the man. But can you give an estimate as to what the trial has cost you in legal fees.

It must be ton. You have a shot on appeal, but remember who your facing. The government, and they hate to lose and rarely do. They have everybody on their side, casinos, religious right, etc. I mean only gamblers, and liberals are going to stand up on this issue. And there are not enough liberals or gamblers to even make an impact.

What a joke. Legal to play Lotto, where the player gets raped by the odds, deceptive ads, and the money doesn't go to the schools or charity. It goes to the fat cats, politicians, who in turn appoint judges.

Whole damn system is corrupt. Novel attempt to fight it, but I would have saved the money and invested it more in WSEX and then you could have been the first billion dollar firm, publicly traded. Then you go after those lousy politicians.

Good luck Jay,

[Shawn]

Mr. Cohen,

Thank you for your reply. We can only hope that justice will prevail in this case. Please keep us informed and know that I for one will be thinking of you and your situation on and around August 9.

Best wishes sir,

Shawn

[blh]

best of luck jay, i hope you get probation.

what is the procedure in new york for these cases, does the jury have to vote 12-0 to secure a conviction? I can't believe that there was not at least one juror who had made a bet or two in his/her life that did not stand up for what is right and refuse to vote guilty. gutless swine.

[Scott Landau]

Jay, Hopefully, unlike many sportsbetting events, the right side will eventually prevail in this case. Unfortunately, true justice can never be dealt in this matter as there is no compensation for your monetary losses and the drain on your emotions. Let's hope it stops at this point, and no ludicrous attempt is made to also steal your freedom. Best wishes!

[bucky]

Jay,
Best wishes! I admire your conviction to stick to what you feel is right. Could someone from the USA become a citizen of Antigua and then be safe from this type of problem?

[This message has been edited by bucky (edited 07-15-2000).]

[Shawn]

Aug. 9 was yesterday but I can't find any news on it. Does anyone know the latest?

thanks,
Shawn

[Ronbets]

Shawn,

Read Chillin's post earlier.

[Shawn]

Ronbets...

Thanks.

Wow. 21 months. I don't know any "onshore" bookies who served more than a year. Then Mr. Cohen moves offshore to try to set up shop in a land where it's legal and he gets almost double, federal time. Unreal.

[Shawn]

Ronbets...

Thanks.

Wow. 21 months. I don't know any "onshore" bookies who served more than a year. Then Mr. Cohen moves offshore to try to set up shop in a land where it's legal and he gets almost double, federal time. Unreal.

[bgeorgia]

please do not hold me to this but i belive jay received NO JAIL TIME and a fine of $5000.
he has appealed.
brian

maybe jay can stop by and fill us in.
thanks

[JC]

Hello everyone,

The sentence was 21 months and a $5,000 fine which was the minimum sentencing guidelines for my offense for incarceration and fine. The government tried to have my guideline range increased by 2 points for obstruction of justice which I think would have added about 6 months to both ends of the guideline range. They claimed among other thingsthat I perjured myself when I told the jury I thought what I was doing was legal. The judge dismissed their arguments.

I am on bail pending the outcome of my appeal. The government also contested this but they were quickly shot down by the judge.
That's all for now folks. I feel great. On to the 2nd Circuit Court of Appeals from here!!!

[Alex]

This is a terrible injustice on so many levels...

Best of luck, Jay. Hope your lawyers kick some ass.

[Cons]

Shawn, justice prevailing in America? That would be something new...

JC, I admire you for returning to the US and facing trial. I honestly admit that I would not do such a thing, choosing to remain outside the US instead. You will not find justice in the American judicial system, which is the only reason why I don't fully understand your decision. The America that we know today is a totalitatian police-state, barely resembling the nation that the founding fathers represented.

Being in your shoes, and seeing what a bent and unjust system this is, I would have left the country a long time ago. Without faith in the system itself, I couldn't see myself waiting for the verdict.

Why spend time in jail for nothing? Just to prove that the system is false and one-sided? Value your life and freedom more than anything and leave before the judges deem that 'institutionalization' is the only way to shape you into a better citizen.