Sentencing

John J. O'Brien

Last August, John J. O’Brien, who was once a highly regarded and well-liked partner in the celebrated M&A practice of Sullivan & Cromwell, pleaded guilty to four misdemeanor tax offenses. The charges of conviction were mere misdemeanors, but the amounts involved were large, as you’d expect from a well-paid partner at S&C.

O’Brien was accused of failing to file income-tax returns for tax years 2001 to 2008, on almost $11 million in partnership income. In the end, he pleaded guilty to failing to file taxes relating to $9.2 million in partnership income, for tax years 2003 to 2008.

Earlier today, John O’Brien was sentenced. The sentencing hearing provided some interesting additional information about why O’Brien acted as he did.

So is O’Brien trading Biglaw for the Big House? And if so, how long a sentence did he receive?

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* Rod Blagojevich is sentenced to 14 years but his hair will be out in seven if it behaves. [Sentencing Law and Policy]

* Jerry Sandusky was re-arrested. This dude needs to be put in the Hannibal Lecter cell. Can’t you hear this guy saying, “A pizza boy tried to deliver to my house once. I S’ed his D after luring him with jellybeans and a Good & Plenty.” [Deadspin]

* Has the Leveson Inquiry into News of the World been “hijacked” by celebrities? Aren’t they the only ones that matter? [Lady of Law]

* The RIAA is about as neutral as a spider regarding something it’s caught in its web. [Simple Justice]

* Should being a world-renowned liar get you barred from practicing on character and fitness grounds? [Reuters]

* When going to the dentist feels like going to the spa, you might be spending too much time in the law school library. [Life in the Law School Lane]

* Obama’s pivots on tax cuts show why he’s the Republican frontrunner for the 2012 nomination. [Going Concern]

* Should the Supreme Court be forced to televise oral arguments? Yes, but only on the condition that we get spin-off shows called Wise Latina Justice and Ruthie’s Law. [WSJ Law Blog]

* Rod Blagojevich won’t get leniency during sentencing. He’ll spend the next week lamenting the fact that can’t brush his beautiful hair like Marcia Brady while in prison. [Bloomberg]

* Brynee Baylor, a D.C. attorney, has been charged with fraud by the SEC. Hey, sometimes you gotta do what you gotta do to get yourself a pair of Jimmy Choos. You go girl. [Blog of Legal Times]

* Plan B, the morning-after pill, may soon be available on drugstore shelves thanks to the FDA. But so what? Plan A, keeping your legs closed, is a much cheaper alternative. [New York Daily News]

* Pakistani actress Veena Malik is suing FHM for $2M. She only wanted to go topless on the cover, but she claims they made her look full on nude. Have at it, pixel inspectors. [New York Magazine]

Rima Fakih: should she go to jail?

* Close, but no cigar? The ABA has updated the way that it will collect graduate employment and salary data from law schools, but the new method could still use a few tweaks. [National Law Journal]

* Kilpatrick Townsend is expanding into Saudi Arabia. I don’t really have anything witty to say about this, but now the “Arabian Nights” song from Aladdin is stuck in my head. [Atlanta Business Chronicle]

* British barristers behaving badly: Kevin Steele, a former Mishcon de Reya partner, was convicted of fraud and forgery charges in connection with a $28M loan scam. They don’t serve tea and crumpets in jail. [Legal Week]

* Joshua Monson, the serial defense attorney stabber, was in court yesterday for sentencing. Still no word on whether he was wheeled in on a Hannibal Lecter-esque gurney to prevent more stabby behavior. [CNN]

* No, Ophelia, when you’re a transgender prisoner in Virginia, the state is not going to pay for your sex change operation, no matter how many courts you appeal to. [Houston Chronicle]

* Will Rima Fakih, 2010′s Miss USA, have to do jail time in Michigan for reportedly being a “super-drunk”? Check back after we get the results from the swimsuit competition. [MLive.com]

'She was just asking me for directions, officer.'

* Three days after arguing that an alleged Sandusky victim’s lawsuit lacked any factual basis, Second Mile decided to settle. Better strike while the iron is hot (and the wallet is open), lawyers. [Bloomberg]

* So much for that “real shot,” huh? After a failed bid for bail, Galleon Group’s Raj Rajaratnam will begin serving the longest insider trading sentence ever come Monday. [DealBook / New York Times]

* A memo to all Biglaw bachelors: if your game is anything like that of Kenneth Kratz’s, then it’s not just ethics boards who will think you have an “offensive personality.” [Milwaukee Journal Sentinel]

* In Tampa, purchasers of prostitutes’ services will now have their cars impounded. Good thing Miami isn’t adopting this law, eh, Professor Jones? (Allegedly, of course.) [St. Petersburg Times]

* Law school is really tough, so the GMU Law administration has some advice for you: the best way to avoid becoming an alcoholic basket case is to play with cuddly puppies. [Washington Post]

To me, a failure to distinguish between people who look at these dirty pictures and people who commit contact offenses lacks the nuance and proportionality I think our law demands.

– Professor Douglas Berman, commenting on the case of Daniel Enrique Guevara Vilca, a 26-year-old who was just sentenced to life in prison without the possibility of parole for child pornography possession.

(The reaction of Paul G. Cassell, former federal judge and victims’ rights expert, after the jump.)

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Give me a break. I 'raised' 23 foster kids.

* Members of the Occupy Wall Street brigade were allowed to continue to be dirty hippies living in a park without toilets this morning. So fresh and so clean! OMG, yippee! [Wall Street Journal]

* French prosecutors have dropped another yet another rape charge lodged against Dominique Strauss-Kahn. Seriously? It looks like nothing sticks to this man except money. [CNN]

* Recognizing that it’s really hard to get someone to pick up a partner from the drunk tank when there’s a Blackberry outage, DLA Piper is thinking about switching to iPhones. [Reuters]

* RajRaj was literally the biggest target in the Galleon case, but one of his buddies was sentenced, too. On Wednesday, Michael Kimelman got 2.5 years at the luxurious Club Fed. [Daily Record]

* It took Michele Bachmann seven years to graduate from law school (whereas most graduate in three). She can get things done, but apparently only on her own time. [New York Times]

* Food fight! Things are getting really dirty in this Food Network lawsuit. Guy Fieri not only likes to cook with alcohol, but he allegedly speaks like an angry drunk behind the scenes. [City Pages]

Find out how much he got over at our sister site, Dealbreaker.

Earlier: Prior ATL coverage of Raj Rajaratnam

One of the interesting concepts in Professor Rosenbaum’s book (affiliate link) is that the law lacks a soul. The law lacks tenderness. The law is objective and cold and inhumane. The law abhors emotion. I don’t think that’s true.

Every time I sentence a defendant, there is a lot of emotion. I think there is a lot of humanity in the law.

– Judge Denny Chin (2d Cir.), quoted in an interesting New York Times article focused on his sentencing practices (back when he was an S.D.N.Y. judge).

NBA Commissioner David Stern

* The NBA is suing its players for failing to negotiate in good faith. Funny, I think the players are acting with the same “good faith” NBA owners do when they steal teams from loving fan bases or hold cities hostage until they build new arenas. [WSJ Law Blog]

* Having a drunk woman angrily spray breast milk on you is probably not as alluring as it sounds. [Sentencing Law & Policy]

* In other sentencing news, a guy got six weeks in jail for getting his ass kicked by Rupert Murdoch’s wife. [Gawker]

* This is funny because it’s kind of true. [Washington Fancy]

* To win, sometimes lawyers need to be quiet? Man, am I glad I got out of that racket. [Underdog]

* Lawyers should be happy to know that good writing requires doing it over and over and over again. [What About Clients?]

* The market apparently doesn’t like the debt ceiling deal. [New York 1]

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