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D’Souza Is Spared Prison Time for Campaign Finance Violations

pbrauer

pbrauer

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The Judge was extremely kind to him by not giving him any prison time, only eight months in a
community confinement center.

The conservative author and documentary filmmaker Dinesh D’Souza was spared prison time on Tuesday after pleading guilty earlier this year to violating federal campaign finance laws.

Judge Richard M. Berman of Federal District Court in Manhattan handed down a probationary sentence — including eight months in a so-called community confinement center — and a $30,000 fine, bringing to a close a high-profile legal battle that started with Mr. D’Souza’s indictment in January for illegally using straw donors to contribute to a Republican Senate candidate in New York in 2012.

Mr. D’Souza, who has accused President Obama of carrying out the “anticolonial” agenda of his father, initially argued that he had been singled out for prosecution because of his politics. In April, his lawyer, Benjamin Brafman, filed court papers contending that Mr. D’Souza’s “consistently caustic and highly publicized criticism” of Mr. Obama had made him a government target.

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D’Souza Is Spared Prison Time for Campaign Finance Violations
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pbrauer said:
The Judge was extremely kind to him by not giving him any prison time, only eight months in a
community confinement center.

The conservative author and documentary filmmaker Dinesh D’Souza was spared prison time on Tuesday after pleading guilty earlier this year to violating federal campaign finance laws.

Judge Richard M. Berman of Federal District Court in Manhattan handed down a probationary sentence — including eight months in a so-called community confinement center — and a $30,000 fine, bringing to a close a high-profile legal battle that started with Mr. D’Souza’s indictment in January for illegally using straw donors to contribute to a Republican Senate candidate in New York in 2012.

Mr. D’Souza, who has accused President Obama of carrying out the “anticolonial” agenda of his father, initially argued that he had been singled out for prosecution because of his politics. In April, his lawyer, Benjamin Brafman, filed court papers contending that Mr. D’Souza’s “consistently caustic and highly publicized criticism” of Mr. Obama had made him a government target.

snip

D’Souza Is Spared Prison Time for Campaign Finance Violations
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Does anyone know what exactly a "community confinement center" is?
 
tres borrachos said:
Does anyone know what exactly a "community confinement center" is?
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From USLegal.com:

Community confinement is a condition of probation or supervised release. It involves residence in a halfway house, restitution center, community treatment center, mental health facility, alcohol or drug rehabilitation center, or other community facility. It also includes participation in gainful employment, employment search efforts, vocational training, treatment, community service, educational programs, or similar other facility approved programs during their nonresidential hours. Basically community confinement is imposed as a condition of pre release custody and programming, before serving the last ten percent of the prison sentence. Community confinement is given for a period not exceeding six months.

Community Confinement Law & Legal Definition
 
non-violent "malum prohibitum" offenses should never involve prison.
 
TurtleDude said:
non-violent "malum prohibitum" offenses should never involve prison.
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Agreed (after looking that up).

"Criminal offenses can be broken down into two general categories malum in se and malum prohibitum. The distinction between malum in se and malum prohibitum offenses is best characterized as follows: a malum in se offense is "naturally evil as adjudged by the sense of a civilized community," whereas a malum prohibitum offense is wrong only because a statute makes it so."
 
TurtleDude said:
non-violent "malum prohibitum" offenses should never involve prison.
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if you commit fraud - especially to manipulate public elections - you deserve to go to jail
 
justabubba said:
if you commit fraud - especially to manipulate public elections - you deserve to go to jail
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When can we expect Michael Moore to be imprisoned?
 
Ockham said:
When can we expect Michael Moore to be imprisoned?
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please share the link showing us the fraud michael moore perpetrated
 
Porchev said:
Agreed (after looking that up).

"Criminal offenses can be broken down into two general categories malum in se and malum prohibitum. The distinction between malum in se and malum prohibitum offenses is best characterized as follows: a malum in se offense is "naturally evil as adjudged by the sense of a civilized community," whereas a malum prohibitum offense is wrong only because a statute makes it so."
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Malum in se are violent crimes, and malum prohibitum are regulatory crimes of a non-violent nature. White collar crimes really.

I agree with Turtle. Violent people need to be in prison, the others not.
 
donsutherland1 said:
From USLegal.com:

Community confinement is a condition of probation or supervised release. It involves residence in a halfway house, restitution center, community treatment center, mental health facility, alcohol or drug rehabilitation center, or other community facility. It also includes participation in gainful employment, employment search efforts, vocational training, treatment, community service, educational programs, or similar other facility approved programs during their nonresidential hours. Basically community confinement is imposed as a condition of pre release custody and programming, before serving the last ten percent of the prison sentence. Community confinement is given for a period not exceeding six months.

Community Confinement Law & Legal Definition
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It is just another form of jail.
 
justabubba said:
if you commit fraud - especially to manipulate public elections - you deserve to go to jail
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wow Obama needs jail for his involvement in the IRS scandel..
 
Travis007 said:
wow Obama needs jail for his involvement in the IRS scandel..
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please show us a cite proving anything Obama did wrong in that matter
 
tres borrachos said:
Malum in se are violent crimes, and malum prohibitum are regulatory crimes of a non-violent nature. White collar crimes really.

I agree with Turtle. Violent people need to be in prison, the others not.
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i strongly disagree with your position
while i am very opposed to incarcerating those who commit victimless crimes
those who commit non-violent crimes certainly should be subjected to prison
otherwise, the rich can commit non-violent crimes and get away with only paying a fine for getting caught
reference the failure to prosecute bankers who precipitated the great recession as evidence of such an approach
 
tres borrachos said:
Malum in se are violent crimes, and malum prohibitum are regulatory crimes of a non-violent nature. White collar crimes really.

I agree with Turtle. Violent people need to be in prison, the others not.
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And people like Madoff?

The qualification for prison shouldn't be determined by violent vs. nonviolent, but victim vs. non-victim.
 
justabubba said:
if you commit fraud - especially to manipulate public elections - you deserve to go to jail
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If that's the standard, there are hundreds of members of the propaganda wing of the Progressive Machine that should be behind bars.
 
justabubba said:
i strongly disagree with your position
while i am very opposed to incarcerating those who commit victimless crimes
those who commit non-violent crimes certainly should be subjected to prison
otherwise, the rich can commit non-violent crimes and get away with only paying a fine for getting caught
reference the failure to prosecute bankers who precipitated the great recession as evidence of such an approach
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Okay, well, we can't always agree.
 
tres borrachos said:
Okay, well, we can't always agree.
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So you believe that as long as violence didn't take place but there was clear evidence of a theft, the perpetrator shouldn't face prison time?
 
justabubba said:
if you commit fraud - especially to manipulate public elections - you deserve to go to jail
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So, Obama and Acorn officials should go to jail then....Thanks....


"The Obama re-election campaign has accepted at least one foreign donation in violation of the law — and does nothing to check on the provenance of millions of dollars in other contributions, a watchdog group alleges."

Obama campaign accepted foreign Web donation — and may be hiding more | New York Post

"Barack Obama's presidential campaign has been fined $375,000 by the Federal Election Commission for violating federal disclosure laws, Politico reports.

An FEC audit of Obama for America's 2008 records found the committee failed to disclose millions of dollars in contributions and dragged its feet in refunding millions more in excess contributions.

The resulting fine, one of the largest ever handed down by the FEC, is the result of a failure to disclose or improperly disclosing thousands of contributions to Obama for America during the then-senator's 2008 presidential run, documents show."

Obama Campaign Fined Big for Hiding Donors, Keeping Illegal Donations - US News

But I know, it's Obama, so that's ok with you.
 
TurtleDude said:
non-violent "malum prohibitum" offenses should never involve prison.
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I'd agree. Am I correct in the impression that had it been anyone else that it'd been a civil matter, but under this politicized DOJ of Obama/Holder it's a criminal matter? That this case is little more than selective prosecution?

I think there's your answer.
 
eohrnberger said:
I'd agree. Am I correct in the impression that had it been anyone else that it'd been a civil matter, but under this politicized DOJ of Obama/Holder it's a criminal matter? That this case is little more than selective prosecution?

I think there's your answer.
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You say selective, I say politically discriminatory.
 
ocean515 said:
If that's the standard, there are hundreds of members of the propaganda wing of the Progressive Machine that should be behind bars.
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which is why they should be held accountable for any illegal actions, to include incarceration if convicted
where did we disagree?
 
ocean515 said:
If that's the standard, there are hundreds of members of the propaganda wing of the Progressive Machine that should be behind bars.
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Legally, that would be determined by whether the fraud is criminal or civil in nature.

What the Law Says About Fraud

Laws against fraud vary from state to state, and can be criminal or civil in nature. Criminal fraud requires criminal intent on the part of the perpetrator, and is punishable by fines or imprisonment. Civil fraud, on the other hand, applies more broadly to circumstances where bad-faith is usually involved, and where the penalties are meant to punish the perpetrator and put the victim back in the same position before the fraud took place.

While the exact wording of fraud charges varies among state and federal laws. the essential elements needed to prove a fraud claim in general include: (1) a misrepresentation of a material fact; (2) by a person or entity who knows or believes it to be false; (3) to a person or entity who justifiably relies on the misrepresentation; and (4) actual injury or loss resulting from his or her reliance.
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http://criminal.findlaw.com/criminal-charges/fraud.html
 
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