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By: Jeralyn Merritt

Category: Panorama

Posted: September 22, 2005 2:04 PM

Tags: Crime

100-Year Sentence for White Collar Offender

How much time is too much time when it comes to a white-collar criminal? I'd say the 100-year sentence imposed on financial fraudster Will Hoover by a Denver judge is excessive. Hoover bilked his clients out of $13 million. Bernie Ebbers got 25 years in the $11 billion WorldCom fraud while a few days ago, Dennis Kozlowski received 8 to 25 years in the Tyco case. The District Attorney in Hoover's case answers that he may only have to do half his sentence because he may get paroled. Even if true -- and that's questionable, considering that just because one is eligible for parole doesn't mean the parole board will grant it -- that's still 50 actual years Hoover will have to do. Generally, the longer the sentence, the more secure facility one goes to. Will Hoover be housed with violent offenders like murderers and rapists? Hoover is appealing his sentence. I hope the court grants him some relief.

Comments

I have known Will Hoover and his family for years and still remain close to them! For your information Willy, Will's wife was never given that money! Trust me I am at that house everyday and I have never seen someone work so hard just to keep a roof over her and her daughter's heads and food on the table. So you need to get your fact straight before you go running your mouth! And just fyi what I mean by a long time of knowing the family is from my 8th grade year to now and I am done with my first year of college! Will and his family are great people!

I'm torn on Will Hoover sentence. You see, my children were one of the people that will robbed. He stole $400,000 from my children's education, basically all of their college funds and my daughter starts college next year. The difference between Hoover and the Bernie Ebers of the world is that Bernie was dealing with very complex accounting issues whereas Hoover would simply take your money, tell you that he is putting it in a no risk bond with a 8% return and never put the money in the bond fund. To me, he is just a common criminal, nothing more, nothing less. As for his desire to pay back the people he stole from? Please! One simple question, if he was so concerned about paying back the people he stole from, then why did he transfer assests to his wife just before the collape? As my father would say, he is a good bullshitter. As for the statement that he was a generous man that gave to charities. I can't help but wonder how much of my money Will was charitable with? Its easy to be charitable when you are giving away someone elses money. As for the concern that he is being housed with violent criminals, well you reap what you sow in life and when he decide to become a robber, he accepted that fact.

While he certainly has a point, I doubt he will prevail. The standard he has to meet on appeal is abuse of discretion by the judge, which is hard to surpass when the underlying crime is serious, and there is no way that his sentence qualifies as cruel and unusual given that the courts have upheld life sentences for stealing a single set of golf clubs. Hoover's basic problem is that in the WorldCom and Tyco cases, the offenses were prosecuted as more or less isolated acts, while I understand that Hoover was prosecuted basically on the theory that each individual who was defrauded was a separate offense and the sentences were run consecutively, rather than concurrently. The consecutive v. concurrent distinction turns out to be very important in term of sentence length and yet is a quite sloppy area in terms of the legislature providing sensible guidance to judges, which in turn can leave them too much discretion or compel them to impose unnecessarily long aggregate sentences.

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