Posts Tagged ‘Brent Beckley’

Sentencing Delay for Brent Beckley

by , May 19, 2012 | 6:46 pm

An order has hit the docket in the Black Friday prosecutions in New York. In it, Judge Lewis Kaplan indicates that the court will consider an upward adjustment in Mr. Beckley’s sentence on the ground of “an aggravating circumstance.” What does this mean?

In Mr. Beckley’s plea agreement, the government and he agreed that his U.S. Sentencing Guidelines range was 12-18 months’ imprisonment for both of the counts to which he pleaded guilty, meaning that it would not be unreasonable to expect that his custodial sentence would fall somewhere in the range of 12-18 months. However, these are only guidelines; the court has the power to take into account circumstances that it believes have not been adequately covered by the sentencing guidelines. In this case, the applicable guideline places a premium on “the reasonably foreseeable pecuniary harm” to the bank under the plea to the bank fraud conspiracy count. From a reading of the order’s text, the government is “not in a position to establish pecuniary harm.” However, Judge Kaplan states that the defendant “conspired to circumvent, and circumvented, governing laws of the United States in order to conduct or facilitate an unlawful business or businesses involving billions of dollars from which those businesses gained many millions of dollars.” The judge is concerned that the guideline’s heavy emphasis on loss might not result in an “appropriate” sentencing range and, therefore, appears to believe that an upward departure may be warranted in Mr. Beckley’s case.

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Absolute Poker Owner Pleads Guilty, Expects Prison

by , Dec 21, 2011 | 3:01 am

My bad: Brent Beckley, guilty of online poker.

DOJ prosecutors keep moving up their ladder of bad guys in the unlawful internet gambling case against Isai Scheinberg et al. Brent Beckley, the 31-year-old father of two and a co-owner of Absolute Poker, told a Manhattan judge he did indeed lead a company that deceived US banks to circumvent US law, and acknowledged conspiring with others to commit bank and wire fraud. Beckley will likely serve 12-18 months in prison as part of a plea agreement, Reuters and the New York Times report.

This probably doesn’t bode well for other Black Friday defendants who face more severe charges and still haven’t stepped foot into US court. Though I haven’t seen actual documents on this one yet (readers please feel free to send a link or pdf), I’d be willing to bet (on this-here internet?) that the plea deal does not cut Beckley any slack because Absolute Poker patches said “dot net”.