ALEXANDRIA, Va. - Former congressman William Jefferson was sentenced to 13 years in prison by a federal judge Friday for his conviction on bribery, racketeering and money-laundering charges.
Jefferson was not required to surrender to authorities immediately. Judge T.S. Ellis said it is possible that Jefferson could remain free throughout the expected appeal process, but that decision wouldn't be made until a later date.
“Mr. Jefferson is well-known for the $90,000 found in his freezer," said U.S. Attorney Neil H. MacBride. "It is our hope that he will now be well-known for the tough sentence handed down today, showing that no one – including our elected officials – are above the law.”
The sentence actually seemed to be on the light side of what was recommended and the guidelines for such convictions, though Jefferson's defense had compared his offenses to those of other prominent politicians.
Jefferson did not testify at his sentencing hearing in federal court Friday. His attorney Robert Trout said that because they intend to appeal, he had advised Jefferson not to speak in his own behalf.
Earlier in the day Jefferson arrived at the federal courthouse with religious counsel from New Orleans Bishop Paul S. Morton, who is providing support as Jefferson awaits his fate from Judge T.S. Ellis III.
A federal jury found him guilty on 11 of 16 counts, which included bribery, money laundering, racketeering and conspiracy charges in his trial in August.
Federal prosecutors looking to send a stern message recommended that Jefferson, who has a wife, five daughters and four grandchildren, get 27-33 years behind bars for taking more than $480,000 in bribes.
“Because Congressman Jefferson’s crimes against the people of the United States were exceptional in their sheer number, length, and breadth, the United States respectfully requests that this Court sentence the defendant within the applicable guideline range,” prosecutors wrote in a pre-sentencing motion.
"While the guidelines sentence calculated by the Probation Office is lengthy, it is appropriate, in that Congressman Jefferson’s criminal activities have surely caused or substantially added to the loss of public confidence and trust in our nation’s highest levels of government."
The recommended sentence adheres to guidelines but is one that would likely be a life-sentence for Jefferson who is 62-years-old, baring a pardon or commutation. Prosecutors also wanted him taken immediately into custody.
“Jefferson should have pleaded guilty, if he had pleaded guilty years ago he would have gotten a much shorter sentence than the government is now asking for,” said Melanie Sloan, executive director for Citizens for Responsibility and Ethics In Washington.
Friday morning the prosecution and defense will argue whether the guidelines were calculated accordingly.
Jefferson’s defense team, lead by attorney Robert Trout argued in motions that his client should only receive, at the most, 10 years in prison, saying because his client had led an extraordinary life with extraordinary accomplishments.
“Congressman Jefferson had a compact with the citizens of Louisiana and the people of the United States and he owed them his honest services and he violated that trust," said U.S. Attorney Dana Boente shortly after the guilty verdict in August. "He sold his office and that's what brought us here today."
“I do think Mr. Trout has a point in that historically members of Congress have not really gotten more than 10, including members who have gone to trial,” said Sloan.
As a comparison, Rep. Randy “Duke” Cunningham, R-Calif., was given an eight-year sentence after pleading guilty to taking nearly $2.4 million in bribes and tax invasion.
Where the former congressman will serve his time is not up to Ellis, rather the Bureau of Prisons will decide where Jefferson will serve time.
Jefferson served as a member of the U.S. House of Representatives for nine terms from 1991 to 2009. He represented Louisiana's 2nd Congressional District, which includes greater New Orleans and was Louisiana’s first black congressman since Reconstruction.
Jefferson’s long descent from power began when federal agents raided his congressional offices in May 2006, though he was re-elected later that year. A federal grand jury indicted Jefferson on June 4, 2007 on 16 charges related to corruption. Despite the indictment, the embattled congressman refused to step down.
A sign of future woes for Jefferson were highlighted when he was shockingly defeated by long-shot candidate, Republican Joseph Cao on December 6, 2008, after he had won the Democratic primary for the position. It was an election that was delayed by Hurricane Gustav, which had it been held on its normal date – the same day as the presidential election that put Barack Obama in the White House – many experts believed Jefferson would have won.
In 2005, Jefferson was accused of accepting bribes as part of a scheme to bribe Nigeria officials, which notoriously came to light when FBI agents found $90,000 wrapped in aluminum foil and inside of boxes of pie crust at his Virginia townhome. The evidence photographs became fodder for critics of the congressman and splashed on the front page of newspapers and websites.
Equally damning, the longtime congressman was recorded accepting a brief case stuffed with $100,000 from Lori Mody, a Virginia businesswoman-turned FBI informant. The video was played for the jury, though Mody did not testify in case.
The sentence handed down in suburban Washington was far less than the nearly 30 years prosecutors had sought.
Former Rep. Randy "Duke" Cunningham, R-Calif., for example, was sentenced to more than eight years in prison after pleading guilty in 2005 to taking $2.4 million in bribes from defense contractors. Former Rep. Bob Ney, R-Ohio, was sentenced to 2 1/2 years in prison for taking bribes from lobbyist Jack Abramoff.
Former Rep. James Traficant, D-Ohio, served a 7-year sentence after being convicted in a 2002 trial of bribery and racketeering. Prosecutor Mark Lytle said that, had Jefferson's schemes come to full fruition, he stood to reap hundreds of millions of dollars in 11 separate bribery schemes.
"His activity represented the most extensive and pervasive pattern of corruption in the history of Congress," Lytle said.
Jefferson's lawyer, Robert Trout, said that while his client acknowledged a level of responsibility for his conduct, he also believed that he was operating within the law. And he urged the judge to consider the fact that Jefferson lifted himself up from poverty to become the first African-American to represent Louisiana in Congress since Reconstruction.
"He has led an extraordinary life," Trout said.
U.S. District Judge T.S. Ellis III said he did take Jefferson's life history into account but that public corruption must be dealt with severely.
"Public corruption is a cancer on the body politic," said Ellis, who lamented that so many other congressmen have been convicted on similar charges. "There must be some sort of greed virus that attacks those in power."
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