Pinson sentencing: Lawyer to show judge other ‘lighter’ sentences
A lawyer for convicted racketeer Jonathan Pinson will use light sentences given other public officials in South Carolina and elsewhere as evidence why Pinson should not be given a lengthy prison term, according to filings in U.S. District Court in Columbia.
“There is no compelling need, based on the facts of the case, to sentence Jonathan Pinson to a prolonged period of incarceration,” wrote Pinson attorney Jim Griffin in a motion for a light sentence.
Pinson is scheduled to be sentenced Wednesday morning at the U.S. District courthouse by U.S. Judge David Norton.
Last July, a federal jury convicted Pinson – a former board chairman of S.C. State University – of 29 crimes, including racketeering, wire fraud and money-laundering in various schemes, some of which was skimmed government money from grants and programs.
Griffin said under government sentencing guidelines, Pinson could get up to about seven years in prison, but in Griffin’s view Pinson should get no more than two years in prison.
In public filings, prosecutors have not specifically said how much prison time they are seeking , but in public statements they have indicated they want Norton to give Pinson substantial time – likely far more than seven years.
“A sentence of anything more than the 24-month sentence that was recently handed down to the former governor of Virginia will not only result in an unwarranted disparity but will likely be cannon fodder for those who publicly blast the inequality of our criminal justice system,” Griffin wrote.
In his filing, Griffin mentioned former Virginia Gov. Bob McDonnell, who was convicted by a federal jury of receiving more than $165,000 and lavish gifts. McDonnell got two years in prison.
Griffin also referred to probationary sentences recently given to two South Carolina white-collar crooks who were also public officials: Former House Speaker Bobby Harrell and former Lt. Gov. Ken Ard. Harrell and Ard cut deals with prosecutors and didn’t have to serve a day in prison.
In 2012, Ard pleaded guilty to seven ethics violations involving running a scheme of “phantom contributions” whereby it looked like he had massive public support on his campaign disclosure forms, according to prosecutors. Ard also used campaign money to pay for personal items like trips and a flat-screen television.
Last year, Harrell pleaded guilty to illegally using campaign funds for personal expenses. Investigators found he falsified state expense accounts to increase the money he could be reimbursed for.
But Harrell and Ard pleaded guilty in state court, where convicted individuals often can get a better deal from judges and prosecutors. In federal court, prosecutors and judges are bound by a stricter set of rules.
Another difference is that both Harrell and Ard pleaded guilty, saving the government the expense of a trial.
Last year, Norton warned Pinson if he chose to make prosecutors try the case, and he was found guilty, Norton would likely give him a stiffer sentence than if Pinson had pleaded guilty. Indeed, six co-defendants in various Pinson schemes have all pleaded guilty and will get, or have gotten, little time in prison or no time.
Pinson was the ringleader of his co-defendants, and Pinson sometimes used his position as former board chairman of S.C. State University to make money illegally, the jury found.
Reach Monk at (803) 771-8344.
Sentences other S.C. public officials received:
▪ House Speaker Bobby Harrell. Offenses: Illegally using campaign funds and falsifying state expense reports. He received six one-year prison terms, suspended, and some $130,000 in fines and penalties. He also agreed to become an informant and tell prosecutors what he knew about others illegal activities.
▪ Lt. Gov. Ken Ard. Offenses: falsifying campaign reports and using campaign money to pay for personal expenses. He received five years probation, a $5,000 fine and 300 hours of community service.
This story was originally published May 18, 2015 at 7:37 PM.