Pedophiles Take Note


I hate pedophiles.  I see nearly every day the damage to children when adults are abusers.

From Reason.com:

Last week former House Speaker Dennis Hastert was sentenced to 15 months in federal prison, ostensibly for a single count of evading the Bank Secrecy Act’s reporting requirements by withdrawing money in amounts below $10,000. I say “ostensibly” because Hastert’s real crimes were committed decades ago, when (as he now admits) he sexually abused teenagers on the wrestling team he coached in Illinois. But since the statute of limitations for those crimes has expired, it is only the coverup for which Hastert can legally be punished—specifically, for paying hush money to one of his victims in a way designed to avoid the government’s attention. That “structuring” charge became a pretext for giving Hastert a taste of the punishment he might have received if his sexual abuse had come to light sooner.

“Because the statute of limitations for your child molestation ran out many years ago,” U.S. District Judge Thomas Durkin observed during the sentencing hearing, “you can’t be charged for that. It’s not what you were charged with, it’s not what you’ve pled guilty to, and any sentence I give you today will pale in comparison to what you would have faced in state court.”

Two things are important here:

  • Hastert was convicted of withdrawing money under $10,000 from his own account.
  • Hastert has admitted molesting boys on his wrestling team when he was a coach.

 

The first allegation should make us all worry.  Hastert withdrew his own money in such a way that avoided scrutiny.   He gave money to one of the boys (now men) he molested.  See George Will’s article in the Washington Post if this bothers you.

Secondly, he was sentenced to more than the maximum because of the molestation charges.  The judge said as much.

NY Daily News

“If I am going to consider the good history and characteristics of the defendant, I must also consider the bad, which is that the defendant is a serial child molester,” [U.S. District Judge Thomas] Durkin said.

The statute of limitations prevented a prosecution for molesting the boys, but he lied to the FBI in the investigation, and that might have been something to charge him with.  Jack McCoy would have found something.

Is it right to charge someone with a crime, then sentence them based upon crimes they got away with?

Pedophiles, folks who don’t make restitution to their victims, people who harass over the internet, bomb makers…  Remember.  Moving money around might be illegal.  Selling property to avoid having it taken in a lawsuit might be illegal.  Claiming to live somewhere as a pauper, and declaring your income inaccurately to the IRS might be a crime.  Even forging postal documents to fool a judge, or creating fake subpoenas?

Then some day you’re in front of a judge who knows what you have done.  They know of your youthful indiscretions or predilections.  And they swing the gavel down.  Hard.

Just a thought.

 

 

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20 Responses to Pedophiles Take Note

  1. Gus Bailey says:

    Dave, you ask:

    Is it right to charge someone with a crime, then sentence them based upon crimes they got away with?

    Here is where one must remain true to the rule of law. As painful as it will be we cannot abandon the law. Fix the law, lament it’s broken-ness, labor to prevent its future failure or abuse; but never, ever turn your back on it.

    The law is like a wild and injured animal; take care of it and protect it and it will serve you, abuse it or neglect it and it will eat you whole.

    Liked by 2 people

    • Minemyown says:

      No, you can only sentence for what the actual conviction was for. I will say this sentence will be overturned on appeal and sent back to the trial judge, to be re-sentenced.

      Liked by 4 people

      • MJ says:

        “Is it right to charge someone with a crime, then sentence them based upon crimes they got away with?”

        My answer is the same as Minemyown. One of the principles of our system is that the law must be followed and that judges cannot carve out new laws from the bench. Here, a judge had no authority to act in judgment and impose sentencing when no trial ever took place. Whatever we think of Hastert, we must recognize that he is entitled to the same right of due process as anyone else.

        I get the whole “moral” thing, but he was not tried for that crime because the law says you have only so much time to do it. A judge doesn’t get to circumvent that through sentencing.

        Like

  2. Paul Krendler says:

    Eventually though, we all face a judge whose verdict cannot be overturned.

    Liked by 6 people

  3. BadgerBob says:

    I didn’t follow the case all that close. I believe Hastert did admit to his past and apologized in the proceedings and if so the judge should be able to sentence him in part for his admitted crimes because it’s part of the record. I don’t know why Hastert was admitting to anything with a civil suit likely. Had Hastert kept his mouth shut about his past horrific crimes I would agree it shouldn’t have been part of his sentencing in a financial structuring case.

    Liked by 1 person

  4. Since he was never convicted of being a diddler, but only financial crimes; throw him in general population. Let the other inmates take care of justice for the molested boys.

    Liked by 2 people

  5. I have no sympathy for Hastert. On the other hand, I don’t want a longer sentence because the judge has some knowledge of some other thing he/she “just knows” I did.

    Liked by 1 person

  6. one handle and stick to it says:

    Given the imminent cash-flow problems Bill Schmalfeldt is bound to have after being $anctioned by a certain Wisconsin court, shouldn’t this be titled “Schmalfeldt: Take Notice”?

    Liked by 1 person

  7. Freedom Costs says:

    Is it right to charge someone with a crime, then sentence them based upon crimes they got away with?

    NO.

    He may not pay the price on earth for his crimes, but the final judgement will be for all his sins/crimes

    Liked by 2 people

  8. BusPassOffice says:

    Hastert should be sentenced to life in prison, courts that have a voluntary confession should be able to sentence them. That’s what the courts are for

    Like

  9. Loren says:

    The whole law of being charged with drawing money out of your own account in such a way as it doesn’t exceed government limits for notice needs to go away. They are charging you with doing something that they have already legislated is not worth notice.

    That said, Hastert is scum.

    Liked by 2 people

  10. Yes! In some places they will investigate you based upon your compliance with the law. I was once pulled over after noticing the police behind me and stubbornly driving exactly the speed limit. After a few miles of waiting for me to break some actual driving ordinance, the officer pretended that I crossed over a line. A pattern of legally pulling your own money out of the bank seems similar.

    Liked by 2 people

  11. This Other Latin F*cker says:

    I had two thoughts on this today.

    The first was after reading about a small town diner where the owner made a daily deposit. The authorities came in and seized all her bank accounts and her diner after accusing her of “structuring” to avoid mandatory reporting. Her only “crime” was to make a daily deposit that was under the reporting threshold. Never mind that she never made 10k a day and only deposited what she took in. According to the feds, she should have held the cash and made a deposit only when the amount was greater then 10k so they could give it the once over if they felt like it. WTF? No evidence she did anything other then run a legit business and she might lose everything over some stupid rule that doesn’t take into account that most small businesses don’t make a lot of dough.

    The second was a story about the FBI willing to let a pedophile go free rather then reveal how they sneaked malware onto his computer to get his actual IP address.

    Hows that for two unrelated stories with tangential hooks into this post?

    Liked by 2 people

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