It is really going to depend on two things: (1) if the government's legal theory holds up, which is questionable; and (2) if Gatto cooperates and testifies against Pitino. If the latter happens, it may not matter how weak the legal theory is, because Pitino could be forced to plead. He would likely only get probation and a huge fine, but it would be the greatest fall in history for a college basketball coach, if it isn't already.
FIFY.So he'd be 497 when out.
FIFY.
One hopes Gatto spills all the beans.It is really going to depend on two things: (1) if the government's legal theory holds up, which is questionable; and (2) if Gatto cooperates and testifies against Pitino. If the latter happens, it may not matter how weak the legal theory is, because Pitino could be forced to plead. He would likely only get probation and a huge fine, but it would be the greatest fall in history for a college basketball coach, if it isn't already.
So he'd be 197 when out.
You don't know he won't do time. Feds know locking him up even for six months would make a lot of other HCs out there reassess their priorities.It's almost unimaginable that a Hall of Fame Coach that's had amazing success would do this.. If true, you can't make this s%43 up! First cheap hookers then this? Unreal.. He'll never do time though.. Doubt he'll even be indicted. .
if the government's legal theory holds up, which is questionable;
I am not basing it off of Matt Jones. I am a white-collar defense attorney at one of the top firms in the country. I literally do this for a living. The fiduciary theory is questionable and ripe for challenge before SCOTUS. And the related honest services theory of prosecution has been gutted in recent years.Its not questionable at all, despite what Jones said. Its as solid as cases get.
Wait till they add all the tax and failure to file cash transaction forms. That will hit everyone. Then more people will talk. And it keeps going.
The only ones with a chance will be those where its word versus word. The rest will have wiretaps, surveilance, cw recordings, and financial records. For them, beating this case isnt even a chance. Thats why most will talk.
Now its likely they may not see alot of jail time due to their criminal history scores being low, cooperation, etc. But theyll be convicted.
I am not understanding the words coming outs yer mouth.,, damn it Shawn, I'm a doctor not an attorney.I am not basing it off of Matt Jones. I am a white-collar defense attorney at one of the top firms in the country. I literally do this for a living. The fiduciary theory is questionable and ripe for challenge before SCOTUS. And the related honest services theory of prosecution has been gutted in recent years.
Fiduciary theory... is there ANY question on this?I am not basing it off of Matt Jones. I am a white-collar defense attorney at one of the top firms in the country. I literally do this for a living. The fiduciary theory is questionable and ripe for challenge before SCOTUS. And the related honest services theory of prosecution has been gutted in recent years.
It is really going to depend on two things: (1) if the government's legal theory holds up, which is questionable; and (2) if Gatto cooperates and testifies against Pitino. If the latter happens, it may not matter how weak the legal theory is, because Pitino could be forced to plead. He would likely only get probation and a huge fine, but it would be the greatest fall in history for a college basketball coach, if it isn't already.
Ha, I can certainly argue either side. In the end, it likely won't matter because the threat of prosecution will be sufficient to flip who they want to flip and plead out who they want to plead out, likely without much if any prison time. What happens with Gatto and in turn Pitino will be the most fascinating to watch.Fiduciary theory... is there ANY question on this?
I get honest services as debatable. Yeah..
Please put on your blue-tinted glasses as if the FBI/NCAA has hired you.. then type. Thanks!
Question is, will he ever see a HC seat again? I seriously doubt he gets jail timeWill never see inside of a jail cell.
Always possible, but I think you are underestimating Pitino's ego. He won't admit to anything unless he has no other choice. We could have a prisoner's dilemma between Gatto and Pitino.Don't you think it's more likely that Pitino testifies against Adidas? The government is always more interested in busting a large organization that it feels is corrupt than prosecution of individuals. They're gonna have to give him immunity to get him to testify.
Always possible, but I think you are underestimating Pitino's ego. He won't admit to anything unless he has no other choice. We could have a prisoner's dilemma between Gatto and Pitino.
I am not basing it off of Matt Jones. I am a white-collar defense attorney at one of the top firms in the country. I literally do this for a living. The fiduciary theory is questionable and ripe for challenge before SCOTUS. And the related honest services theory of prosecution has been gutted in recent years.
It is amazing how fast people feel compelled to attack others to make themselves feel important. I am not an associate. I have tried two honest services cases in the past 4 years alone. I won a Rule 29 in a case involving honest services among other charges. We will see how this plays out.Ive practiced federal criminal defense at the highest level for years as well. I can tell by your thought process, youve never tried a case, and are probably an associate whos still wrapped up in theoretical applications of law.
In the real world, in the courtroom: If they file the motion for acquittal, theyll lose. Maybe scotus overturns it, maybe not. Either way thats years later.
That doesnt even consider the superseding indictment that has some low hanging fruit: tax evasion/fraud, failure to file irs form 8300 for certain cash transactions, and/or structuring; just off the top of my head. Theyre likely threatening this for those that dont talk. Thats why many will. Then the process starts anew.
See these arent really white collar criminals. These are, mostly, normal people that happened to commit financial crimes. The investigation methods, and likely prosecutorial methods, are much closer to that of a drug trafficking conspiracy.
I'd guess that would describe a lot of white collar criminalsSee these arent really white collar criminals. These are, mostly, normal people that happened to commit financial crimes.
[laughing] He'll sing like a canary. Already has. Lol. Poor Steve Pence is probably cashing his retainer fees and beating his head against the wall every time "Coach #2" is interviewed.If he really is subject to 80 years in prison, he'll fold like a card table.
It is amazing how fast people feel compelled to attack others to make themselves feel important. I am not an associate. I have tried two honest services cases in the past 4 years alone. I won a Rule 29 in a case involving honest services among other charges. We will see how this plays out.
I used to be an astronaut and now I'm just a blue collar brain surgeon.I am not understanding the words coming outs yer mouth.,, damn it Shawn, I'm a doctor not an attorney.
This is the very kind of person the FBI likes to make an example of... You can't buy the government off... NCAA, yes, Dickey V and ESPN could get him out, but not the FBI...Will never see inside of a jail cell.
Ha! All you hi-fallutin brainiacs and your advanced edumacation.
I got a cousin who didn't even finish 7th grade, and he can perform complex chemistry with household items in his garage on Floyd Street.
Top that!
I'd guess that would describe a lot of white collar criminals
The question is what do either of them know that the FBI doesn't already know,it would seem to me that Gatto is likely to know more stuff that would interest the FBI.Unless these particular FBI guys are UK fans they probably aren't as interested in bringing down Pitino,UL or college basketball in general,now a corrupt business is another matter.Ha, I can certainly argue either side. In the end, it likely won't matter because the threat of prosecution will be sufficient to flip who they want to flip and plead out who they want to plead out, likely without much if any prison time. What happens with Gatto and in turn Pitino will be the most fascinating to watch.
It is amazing how fast people feel compelled to attack others to make themselves feel important. I am not an associate. I have tried two honest services cases in the past 4 years alone. I won a Rule 29 in a case involving honest services among other charges. We will see how this plays out.