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Brian Dunning lawsuit

Government's Sentencing Report

The government has submitted its sentencing report to the court. It can be read in the attached file. Later, Dunning's attorney will submit his own report.
 

Attachments

I am particularly interested in reading which individuals wrote in support of Dunning in his attorney's report, and what they wrote.
 
arthwollipot said:
Summary?
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1. Government wants 21 months prison + 3 years probation + some relatively minor fines

2. Dunning doesn't think he should go to jail because that would be traumatic for his family and him being arrested was traumatic enough for them

3. He settled with eBay on civil restitution
 
icerat said:
1. Government wants 21 months prison + 3 years probation + some relatively minor fines
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Not quite. The government wants 27 months prison (the minimum according to the sentencing guidelines), but would be willing accept the 21 months, etc. recommend by the PSR. However, the plea agreement does not allow for any fines, so presumably that part won't happen in any case (the plea deal also restricts a prison sentence to no more than 29 months, which would be less than the maximum allowed, but is more than anyone is recommending so doesn't really matter).
 
Do it mean that he will need to serve in a federal facility, like supermax in Colorado, or a county jail?
 
It looks like Dunning's attorney has filed his own reply to the government's sentencing report. I will post and read it later tonight or tomorrow.
 
I stand corrected. I don't believe Dunning's attorney has filed his own memorandum yet, but has made a motion to have it under seal when it is filed (something the government objects to). If his memorandum is filed under seal, then it would not be on PACER. We will have to see how the judge rules...
 
Two sealed documents were filed with the court yesterday. Presumably, they are Dunning's own memorandum on sentencing, and supporting documentation/letters of support. Time will tell if the judge keeps them sealed. Sentencing is still scheduled for Monday, August 4th.
 
hardindr said:
I stand corrected. I don't believe Dunning's attorney has filed his own memorandum yet, but has made a motion to have it under seal when it is filed (something the government objects to). If his memorandum is filed under seal, then it would not be on PACER. We will have to see how the judge rules...
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hardindr said:
Two sealed documents were filed with the court yesterday. Presumably, they are Dunning's own memorandum on sentencing, and supporting documentation/letters of support. Time will tell if the judge keeps them sealed. Sentencing is still scheduled for Monday, August 4th.
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Are you a lawyer? If so, I can understand why a defendant might want a report sealed (embarrassing personal information, etc), but is there a good legal reason why a judge might grant it?
 
No, I am not a lawyer, but I think it would be unusual for a defendant's entire memorandum to be sealed. The government noted that they would be more than happy to redact any personal information, including information about Dunning's two children who have apparently submitted letters to the court in support of their father.

I would assume Dunning would end up in a medium or low-security prison, if he was sentenced to prison.

Another sealed document has been filed with the court today. Not sure what it is. Sentencing is still on Monday, August 4th. This four-year saga is finally coming to an end.
 
Clarifications

I just wanted to clarify something. Dunning's attorney made a motion to seal his sentencing memorandum several days ago, before or at the same time the government filed their sentencing memorandum. Since Dunning's sentencing memorandum has been sealed, I assume they will remain so. I am attaching Dunning's lawyer's motion to this post.

If anyone with a legal background in the US Federal criminal court system wants to chime in about this, feel free.
 

Attachments

Craig4 said:
I enjoyed his podcasts over the years. However, I'm opposed to anyone who defrauded someone else of 35 million dollars not doing time in jail.
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Can someone explain how the US judicial system works in this case? In general, US penalties are much harsher than in Canada for similar crimes, but, in this case, it does not seem to be so. In Canada, Earl Jones pleaded guilty to fraud for C$50m and got 11 years, and now Dunning would get less than 2 years for almost the same amount!
 
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