Are Too Many Defendants Pressured Into Pleading Guilty?
The Brocade options backdating case raised several significant questions. One in particular happens to be one of the most important and controversial aspects of the justice system: plea bargains.
Judge Cormac Carney dismissed convictions against Broadcom co-founder Henry Samueli for lying to the SEC during its investigation pertaining to improperly backdating stock options. This was shocking considering Samueli had pleaded guilty to the conviction in 2008. John Emshwiller and Nathan Koppel, WSJ reporters, reported that Samueli pleaded guilty to a crime he did not commit, or at least believed he did not commit to avoid a long prison sentence if he ended up losing in trial. Samueli’s attorney, Gordon Greenberg explains the plea by stating that the government put incredible pressure on his client to do so.
False plea bargains have also stemmed from that fact that potential prison sentences have increased for many crimes, including white collared crimes. Brian Wice, a Houston criminal defense lawyer, stated that it is defense lawyers, rather than prosecutors, who exert the pressure to sign guilt pleas, telling their clients they must take the plea bargain or they will get life.
By Ashby Jones
The quick recap: Judge Carney (pictured) dismissed the criminal complaint charging former Broadcom co-founder Henry Samueli with lying to the SEC during its investigation of whether Broadcom misstated its earnings by improperly backdating stock options. Judge Carney’s dismissal came even though Samueli had stood before him in 2008 and pleaded guilty to that very crime.
Emshwiller and Koppel report, however, that Samueli did what lawyers and legal scholars fear a disturbing number of other people have done: pleaded guilty to a crime either they didn’t commit or at least believed they didn’t commit. Defendants often end up choosing that route because they fear getting stuck with a long prison sentence if they go to trial and lose.
So how does Samueli’s attorney, McDermott Will’s Gordon Greenberg, explain the plea? “The government put incredible pressure on” Samueli, said Greenberg, adding that Samueli signed the plea agreement believing he may have violated the law, but that belief was based on the prosecutors’ distortion of the evidence.
This is outrageous to me… Admitting to a crime you didn’t or think you didn’t commit because you are scared of what may happen to you when or if you loose. What kind of a system is this that we are scared to stand up for ourselves, our rights, because we are scared of our government!?
It sounds like prosecutors are becoming more concerned with wins and losses than they are with truth and justice? It seems that way to me.
And if your only concern is winning, innocent people go to jail.
This is where they gray area comes in; defendants aren’t necessarily sure if they broke the law or not (i.e. backdating) because it is frowned upon, yet not illegal. They take a plea bargain to get a lesser sentence, when in fact there should be no sentence at all because backdating is not illegal.
They don’t care about anyone else but themselves. They just want another win on their belts.
I almost think in some cases a plea bargain is necessary. However, in a case like this it is unfortunate when you are charged with a crime that is not illegal at all and you have to take a plea bargain.
Sometimes there really is no way around plea bargains, in a sense everyone does it. So I am not sure that I am against them? However, this is why it is so incredibly important that we have reliable and trustworthy prosecutors and feel confident they are going after the real criminals. Unlike in these backdating cases.
I have been following some of these “white collard crimes” on wall street and many of those are cheating innocent people out of money or really harming certain individual. However, this so called “white collard crime” of backdating has done neither and no where even close to that, it is victimless. So what is the real issue hear?
Hopefully the outcome of the Broadcom case will give Mr. Reyes and his team a little bright light for their case?
That’s one reason why I feel like Reyes is that much more innocent… I really believe he did nothing wrong and that he feels he did nothing wrong. He has a wife and kids to think about and I am sure was offered many “plea bargains” by the government, but he is sticking to his story of being innocent and fighting for that. Good for you Mr. Reyes.