Capitol Fax.com - Your Illinois News Radar

Prosecutors: Cellini should get up to 8 years in prison

Posted in:

Illinois

* The US Attorney’s office wants Bill Cellini sentenced to a prison term of up to eight years…

A federal jury convicted Cellini in November of conspiring to shake down the Oscar-winning producer of “Million Dollar Baby” for a contribution to imprisoned former Illinois Gov. Rod Blagojevich’s campaign. Cellini is scheduled to be sentenced July 23.

Prosecutors have filed a sentencing memorandum in Cellini’s case that argues for a “meaningful” prison sentence and contends giving him probation would “send exactly the wrong signal.”

The prosecutors, however, note they’d understand if U.S. District Judge James Zagel gives Cellini less than eight years due to his age and health problems.

* Prosecutors did stipulate that Cellini’s health could be a factor in reducing his sentence…

“The government agrees that the combination of Cellini’s health and age makes this one of the relatively rare situations where it may well be appropriate to impose a sentence below” the 61/2 to eight years in prison called for under federal guidelines, prosecutors wrote in a sentencing memorandum filed with the court.

Cellini was admitted twice last month to a hospital in Springfield after first suffering a heart attack and then after his doctors discovered a blood clot, according to his lawyers.

Cellini is scheduled to be sentenced July 23 in federal court in Chicago.

In the 29-page court filing, prosecutors argued that any break given to Cellini “should be relatively modest” and rejected calls by the defense for probation.

“Cellini’s medical condition, however, is not a basis to excuse him from a meaningful sentence of incarceration,” the prosecution filing said.

* From the sentencing memo…

The Bureau of Prisons has significant experience treating inmates with conditions like Cellini’s. More specifically, Dr. Paul Harvey, the Regional Medical Director for the BOP’s North Central Region since 2009, has reviewed the letters submitted by Cellini’s various medical providers, as well as the more recent statements that Cellini has released to the media about his medical condition, and has concluded that “there is no reason that Mr. Cellini’s medical needs cannot be met within the Bureau of Prisons.”

Also according to the memo, Cellini’s net worth in 2005 was approximately $153 million.

* And check out how the prosecution started off its case for a harsh sentence…

The UNITED STATES OF AMERICA, by and through GARY SHAPIRO, Acting United States Attorney for the Northern District of Illinois, respectfully submits its Sentencing Memorandum with respect to defendant William Cellini, stating as follows:

I. INTRODUCTION

LEVINE: If Tom feels that he’d rather walk away from the money than deal with Tony then there it is (laughs).

CELLINI: (Laughs)

May 7, 2004 Transcript at 6.

Defendant William Cellini’s laugh upon hearing that Thomas Rosenberg, whom he claims was his good friend, was going to lose $220 million in state funds because Rosenberg would not make a political contribution was telling. There was no hint of concern or alarm— instead, Cellini was amused by the very idea that Rosenberg would take a stand against the corruption of the Blagojevich administration. Further, the laugh also demonstrated Cellini’s profound indifference to the harm that the extortion was going to cause—not just to Rosenberg and his company, but to the Teacher’s Retirement System of Illinois, the teachers it served, and the public. Cellini’s amusement and indifference were the product of Cellini’s own long-standing actions at TRS, where he himself had used his political clout to enrich himself and his allies without concern for the damage that corruption would inflict upon TRS, the teachers, or the public. This excerpt was just a small part of the evidence establishing that Cellini, despite his immense wealth and power, intentionally joined the conspiracy to extort Rosenberg. These facts, together with the other factors set forth in 18 U.S.C. § 3553(a)—in particular, the need to reflect the value our society places on the integrity of government officials, and the harm that is caused when that integrity is lost—demand a meaningful sentence of incarceration.

Discuss.

posted by Rich Miller
Friday, Jul 13, 12 @ 10:14 am

Comments

A laugh can mean many things. Arguably, the conversation could have made Cellini nervous. I would hope the US Attorney had more than this. Be
careful now, if you are on the rotunda do not laugh the feds may be listening.

Comment by Cynic Friday, Jul 13, 12 @ 10:43 am
They could have been laughing at the guys cluelessness..this is Illinois, run by Chicago…did the guy thinks deals worked differently?
Did he think he could park here without paying the meter?

Comment by titan Friday, Jul 13, 12 @ 10:53 am
Mr Cellini has always been good to me and my family. I am not sure a Laugh is worth 8 years in jail. I believe in the trial they said Cellini delivered the message to the producer that he was not going to get the contract because he didn’t donate. To me that was a friend telling another friend the truth of what is going on. I never heard where he “leaned” on the guy to donate.

I think this is more a guilt by association more than anything, and expect to get ripped on here, but that is my own opinion.

Comment by He Makes Ryan Look Like a Saint Friday, Jul 13, 12 @ 11:01 am
I find it amazing that Cellini operated for years in the political arena doing the same thing year after year and got rich doing it, but it was his assocation with a bafoon like Balgoof that took him down.

Comment by Springfield Dan Friday, Jul 13, 12 @ 11:16 am
That will teach you to laugh on the phone.

I’m not naive when it comes to Cellini. He was the big hog at the trough for many, many years. That was politics in the day.

–… the need to reflect the value our society places on the integrity of government officials, and the harm that is caused when that integrity is lost.–

Integrity. Like lining up a cheap, nobody hustler like Chris Kelly four times for the sole purpose of getting him to flip. Like leaking inside dope on Blago cracking up at his arrest to favorite gossip columnists.

I’ll listen to lectures about “integrity” from the Justice Department when they start prosecuting the Wall Street gangsters who are bound and determined to ruin this country for their short-term greed.

Bank of America? You committed rampant mortgage fraud and illegally foreclosed on tens of thousands of Americans, including troops in the field.

How about you pay a fine (cost of doing business) and admit to no wrong-doing? See you at the fundraiser.

Comment by wordslinger Friday, Jul 13, 12 @ 11:22 am
Laughs are in the ear of the beholder. There’s the laugh you give when you just heard the most hilarious joke of your life. Too many kinds of laughs to count, not the least of which is the sympathetic laugh.

Comment by Cheswick Friday, Jul 13, 12 @ 11:27 am
Too bad for Cellini. He made no attempt to cooperate and the Feds won’t forgive him for that.

He was bound and determined to hold on to his prize of the Teachers Retirement System funds and was fighting to keep control from the dogs of Blago.

Too bad for Cellini because his own need to control that which he had done so for many years brought him to this point.

Bad health or not, he will receive a tough sentence as the Feds are hard and the Judge tough.

I have always found him to be an amicable person. He should have walked away, dragging his branch behind him. He would now be enjoying retirement. If only there were do-overs…

Comment by Sunshine Friday, Jul 13, 12 @ 11:37 am
I have had exactly one encounter with Mr. Cellini. Someone invited him to a meeting to strategize how an organization that serves abused children could address its building needs. Mr. Cellini listed attentively and then wrapped up the meeting saying something like: “If someone can show me how I can make money getting involved with this, I’d be happy to help”. I am not feeling his pain.

Comment by girlawyer Friday, Jul 13, 12 @ 1:11 pm
Lie down with dogs, wake up with fleas.

Then I ask myself, “Would I trade the last 8 years of my life for $153 million over 40 years? And I answer: maybe. Would I be sent to a minimum security federal prison housed exclusively with white collar criminals of a certain pedigree and level of sophistication? That might not be a bad trade.”

Jim Laski served about 2 years for taking a $1,000 per month kick-back, pocketing less than $20K total plus a kitchen renovation IIRC. I think I know how he’d answer my question.

$153 million is a generational game changer for any family. Most of us will work our entire lives and not earn 1% of that amount.

(Note: I realize that his networth is the result of many successful business ventures and not necessarily the result of any undue or inappropriate influence over politicians or government decisions. But seriously, $153 million?)

Comment by 47th Ward Friday, Jul 13, 12 @ 1:30 pm
The scales of justice seem tilted toward the Feds. Do not mess with them when they have you in their sights.

I never thought the “laugh” was anything more than an easy tidbit for the stupid among reporters, and that the real evidence supporting this verdict must have been more substantial. Right?

Comment by mark walker Friday, Jul 13, 12 @ 2:24 pm
The federal thumb may be a bit heavy on the scales but 5 plus years should be in the ballpark. Eight years is not really out of line in the first place.

Comment by Plutocrat03 Friday, Jul 13, 12 @ 3:03 pm
More style than the Government usually shows. Very effective Government’s Version.

Comment by Anonymous Friday, Jul 13, 12 @ 3:39 pm