Kenneth Rijock

Kenneth Rijock

Friday, October 30, 2015

FIFTH CIRCUIT AFFIRMS PONZI SCHEMER ALLEN STANFORD'S CONVICTION


The convicted Ponzi schemer, Sir Allen Stanford, will continue to serve his 110-year sentence, for the Fifth Circuit Court of Appeals has affirmed his conviction. Court observers who follow cases involving Ponzi schemers were not surprised, most of his appellate issues appeared to have any merit at law, and at times, they seemed to be more like angry rhetoric than well-reasoned argument.

Stanford was convicted on multiple courts, including wire fraud, mail fraud, money laundering conspiracy, and obstruction of an investigation. The Court, in essence, held, in a 19-page opinion:

(1) The trial court had jurisdiction.
(2) The indictment was legally sufficient.
(3) It was not reversible error to deny the defendant a continuance.
(4) There was no valid double jeopardy issue.
(5) The trial court did not err in denying his motion to suppress evidence, on 4th Amendment  grounds.
(6  The Court's response to a jury note was harmless error.
(7) The application of sentencing enhancements was supported by the evidence.
(8) The trial judge was not partial to the government at the trial.
(9)  The Cumulative Error Doctrine does not apply.
(10) There were no Brady issues, the government did not withhold exculpatory information.

Readers who wish to review the complete text of the opinion may access it on the Fifth Circuit website, as it has been posted there. It is the first decision on the list:
http://www.ca5.uscourts.gov/electronic-case-filing/case-information/current-opinions




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