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Criminal Law

: Crime & Federalism

Scott Rothstein and the Art of (Not) Accepting Responsibility

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Scott Rothstein is some lawyer who ran a Ponzi Scheme in Florida.  He pled guilty to a bunch of felonies and is going to be sentenced to prison.  Like every sophisticated criminal who gets caught, Rothstein understands the game.  Here's how it's played: When you a write a sentencing letter to the judge, you must offer an explanation for your conduct. Make this explanation abstract.  It's about "things" and "desires" and "drives."  Be vague and pseudo-insightful. Do not - this is most important of all - blame the abstract concepts for your problems. Instead, blame yourself.   Kind of. When blaming yourself, write about how you were ensnared by the trap of temptation. This allows you to accept responsibility for your actions without being candid, and all the while sotto voce making it about a fall from grace...continue to full post

Full post as published by Crime & Federalism on June 06, 2010 (boomark / email).

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