Law in Contemporary Society

View   r4  >  r3  ...
DiminishedIndividualCulpability 4 - 04 Feb 2010 - Main.JessicaHallett
Line: 1 to 1
 I just noticed this case that I thought presented an interesting take on individual culpability. If I understand the case properly, Butler sold people high risk subprime mortgages, claiming they were low-risk student loan backed (and I think we all realize how hard those are to default on). The interesting thing comes during sentencing - in giving Butler a below guideline sentence, Judge Weinstein noted that “The court imposed a non-guideline sentence, taking into account the defendant’s personal situation and characteristics and the circumstances of the financial industry in which he worked,” an industry with a "pernicious and pervasive culture of corruption" and "beset by avarice". While I understand the sentiment, it seems strange to reduce an individual's guilt because an entire system has played outside the bounds - particularly since he was actively defrauding people. Is this diffusing culpability throughout the system? Or claiming that if the bubble never burst, his fraud wouldn't have been 'that bad'?

http://www.dailyfinance.com/story/investing/the-message-in-a-crooked-brokers-reduced-sentence/19328974/?icid=main|aim|dl3|link5|http://www.dailyfinance.com/story/investing/the-message-in-a-crooked-brokers-reduced-sentence/19328974/

Line: 19 to 19
 http://www.nylj.com/nylawyer/adgifs/decisions/012610weinstein.pdf

-- StephenSevero - 04 Feb 2010

Added:
>
>
I completely agree that the reasons given for not awarding restitution to the victims are questionable- it does not seem appropriate to place the burden of enforcing a fiduciary duty on the clients. It seems to go against the very point of a fiduciary duty at all. And the potential to recover, as low as it is, also does not seem adequate reason to forgo restitution.

I think that it's important to recognize that he did have to surrender all of his assets (if I'm reading the decision correctly) and the fine imposed was the maximum, even if the jail sentence was minimal. I do think that the severity of the fines reflects the severity of his crime, and is an important reflection of how seriously the court does take his wrongdoing. As for the sentence itself, I have to say I'm still a little unsure how I feel- I totally get that the concern of reducing individual culpability because of the crimes of others is a big one. I just don't know if that's the only thing going on here: yes, the judge certainly stresses the culpability of the system and government, etc- but he also looks into deterrence values, family situation (which, as you said, could easily apply to many white-collar criminals, so I don't know how much weight this reasoning holds), and defendant's conduct (both in the past as a community member and since his arrest and positive response to supervision). I'm just not convinced how much benefit a much larger sentence would have- and if there isn't a real benefit, I don't know how the punishment is justified. (Then again, you could probably argue that the mere fact of the severity of his culpability justifies a lengthy sentence by itself, as just desert, but if that's the case- how can we accurately quantify that culpability?)

-- JessicaHallett - 04 Feb 2010


Revision 4r4 - 04 Feb 2010 - 17:05:24 - JessicaHallett
Revision 3r3 - 04 Feb 2010 - 16:16:03 - StephenSevero
This site is powered by the TWiki collaboration platform.
All material on this collaboration platform is the property of the contributing authors.
All material marked as authored by Eben Moglen is available under the license terms CC-BY-SA version 4.
Syndicate this site RSSATOM