Jefferson’s penalty likely to be long

• By GERARD SHIELDS
• Advocate Washington bureau
• Published: Nov 10, 2009 - Page: 1A

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WASHINGTON — No matter how it is sliced, Friday the 13th is going to be a bad day for former U.S. Rep. William Jefferson.

The New Orleans Democrat will be sentenced Friday and prosecutors have asked the federal judge in the case to impose a penalty recommended by the court probation office of 27 to 33 years.

On Monday, Jefferson’s attorneys filed their response asking that he be sentenced to no more than 10 years.

Though those knowledgeable about the sentencing system agree that Jefferson will likely not receive the penalty recommended, he will face a stiff sentence that could gain him the longest prison term in the history of jailed congressmen.

The judge in the case, U.S. District Court Judge T.S. Ellis III, is known for being stern in issuing sentences, particularly in matters involving public corruption.

But Stephanos Bibas, a University of Pennsylvania law professor and national expert on sentencing guidelines, doesn’t see Ellis sending the 62-year-old Jefferson away for the rest of his life.

“He can be kind of a tough judge and he’s not going to go easy on him,” Bibas said. “But 27 to 33 years for a crime that did not involve violence is a long time for a 62-year-old.”

Ellis does not have to follow the probation office guidelines. But those knowledgeable about his sentencing history almost guarantee that Jefferson faces a fate that could have him exiting prison as a much older man.

“He’s going to send a real stern message,” said Jacob Frenkel, a Louisiana lawyer practicing in Maryland and a former federal public corruption prosecutor for Orleans Parish District Attorney’s Office for Harry Connick. “The evidence at trial was over the top as was the brazenness of the sense of entitlement to benefit personally.”

Jefferson was convicted in August of 11 counts of public corruption including bribery, conspiracy, money laundering and racketeering. In addition to convicting him, the jury said the federal government could impose a fine of up to $478,000 for Jefferson, who with his wife has filed for bankruptcy.

Jefferson’s lead attorney, Robert Trout, said in court filings that Jefferson has already suffered from his crimes.

“He is an infamous, bankrupt former congressman,” Trout wrote. “His legacy is not merely tarnished; it has been obliterated.”

Another key question facing Jefferson is whether he will be able to remain free until a date to report is issued by the judge. Federal prosecutors want Jefferson to be taken into custody immediately after his sentence, noting that his crimes were committed in Africa, to which he could flee.