Bernie Ebbers Conviction and Sentence Upheld

Via Sentencing Law and Policy: WorldCom's Bernie Ebbers lost his appeal today. His 25 year sentence stands. The court opinion is here. (pdf)

Among the grounds Bernie lost on: the unfairness of the use of snitch testimony when the government gets to pick who to immunize and refuses to immunize defense witnesses.

On appeal, Ebbers principally contends that the district court erred in permitting the government to introduce testimony by immunized witnesses while denying immunity to potential defense witnesses who were rendered unavailable to Ebbers by their invocation of the privilege against self-incrimination. He also claims that the court should not have given a conscious avoidance instruction and that the government should have been required to allege and prove violations of Generally Accepted Acounting Principles ("GAAP"). Finally, he challenges his sentence as based on an inaccurate calculation of losses to investors, as significantly greater than those imposed on his co-conspirators, and as unreasonable in length.

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