This Week In Law -- August 15, 2013 Update -- Manning and Real Housewives of New Jersey

Real Housewives’ Stars In Federal Court

Real Housewives of New Jersey stars Teresa and Joe Giudici pled Not Guilty to federal fraud charges on August 15 (http://www.nydailynews.com/entertainment/gossip/teresa-joe-giudice-plead-guilty-federal-fraud-charges-article-1.1426851).  They face 39 federal counts, including wire and bank fraud.  Reports also claim that Joe Guidici failed to file tax returns from 2004 to 2008, during which he earned $1,000,000 (which only comes to about $200K per year average). 

The fact that their lawyers stated that they will win at trial has been making big news – but it is also what a lawyer needs to say if they choose to speak to the press at all (how foolish would it be if their lawyer were to say “we are screwed”).  Federal cases have a frighteningly high conviction rate (98%), and this comes from the huge benefits offered for cooperation, the great disparity between pre-trial offers and post-trial sentences, the immense resources at the AUSA’s office to prosecute cases, the formality of the courthouse itself (which makes jurors feel that their duty is to be severe and convict), and that cases are prepared extremely well prior to bringing brought (consider that a state court may have in excess of 100 cases on its criminal docket in a day, whereas a federal court may only have a handful). Still, federal cases can be won, and judges can be fair, and if there is no offer, or none that is acceptable, a competent attorney can both expose, and instill, a sense of doubt – and sometimes that is enough.

Manning Says “I’m Sorry” During Sentencing Phase of Trial

During the sentencing phase of his trial, Bradley Manning said “I’m sorry” for leaking about 700,000 classified military reports, documents, and videos to Wikileaks (http://www.reuters.com/article/2013/08/14/us-usa-wikileaks-manning-idUSBRE97D0C220130814).  He faces almost a hundred years of incarceration.  I doubt Manning’s cursory apology will help much, even though it apparently seemed unrehearsed and genuine – judicial officers in military tribunals tend to be far less sympathetic than those in state court (though less severe at times then federal judges who, in the words of one now-released client, “hand out years like they were sticks of gum” (personally, I’ve met many federal judges, and none have ever offered me gum).  But it was smart of him to apologize and to accept responsibility, even if it is too late to make a substantial difference, as “acceptance of responsibility” is a factor at sentencing. 

Manning stated “"I want to be a better person, to go to college, to get a degree and to have a meaningful relationship with my sister and her family” – but all of that is possible to do while incarcerated.

The defense has been smart -  military officials stated that they missed signs of Manning’s instability, and that he had gender-issues which made for miserable tensions when in the agro-environment of the military. I doubt he will see freedom during his mid-life, we will know soon.