Business Ethics Speaker - Chuck Gallagher states - Michael Vick Facing Longer Prison Sentence

 

Many thought that Michael Vick would be sentenced to a year and a day for his conviction on “dog fighting.”   Some had said that he threw his career to the “dog” as it were, but with a short sentence and voluntarily surrending and starting the sentence now, it was thought that Michael might just be back in the game for the ‘08 year. 

Not so fast. today two of Michael Vick’s co-defendants in the federal dog-fighting case received sentences at the high end of the Sentencing Guidelines range.  Now there is some thought that Vick might face a longer prison term at his sentencing in December. 

According to the Associated Press, “A federal judge made clear his disdain for animal cruelty when he sentenced two of Michael Vick’s dogfighting cohorts to 18 months and 21 months in prison Friday.

“You may have thought this was sporting, but it was very callous and cruel,” Judge Henry Hudson told Quanis Phillips of Atlanta, who received the longer sentence.

The prison terms for Phillips and Purnell Peace of Virginia Beach are a little longer than prosecutors recommended, but less than the five-year maximum Hudson could have imposed.

Vick still could get a sentence above the negotiated range in his case — a year to 18 months — if (Judge) Hudson concludes 27-year-old Vick is more culpable than the others because he admitting bankrolling the operation and providing gambling money.

According to court papers, Vick not only financed the “Bad Newz Kennels” but also participated in executing several underperforming dogs by drowning, hanging and other means. “

Should Vick be sentenced to the mid to upper range of the sentencing guidelines, he would be out for at least half of the ‘08 NFL season. 

Every choice has a consequence! 

My guess is Michael Vick would have never considered this as a result of his actions.  Frankly, neither did I expect the consequences I received.  My misdeeds were illegal and I deserved the punishment I received.  But, during the time of the illegal actions, I never expected prison.

Hopefully, Vick will use his influence to help others so that they don’t face the consequences that he is facing today.  Holidays behind bars are no fun.

 As always, your comments are welcome.

 Business Ethics Speaker - Chuck Gallagher - signing off…

Long Island University Students addressed by Business Ethics Speaker - Chuck Gallagher

Every Choice Has A Consequence!

The question is - as a student, regardless of your age, do you truly believe that the consequences you face in life are a direct result of your choices?  When I was in college - even graduate school, I think I knew it in my head, but didn’t believe it in my heart.  It took years of making the wrong choices and a lot of pain that followed for me to finally get the concept:  Every Choice Has A Consequence!

The former CEO of Stewart Enterprises, Bill Rowe, (the company I serve as Senior Sales Executive for) said, in a presentation he gave to a group of employees, that when his son went to college he gave him one - and only one - piece of advice.  His advice was short and sweet - but profound!

“Do what must be done, when it must be done, everyday!”

I’ve sence thought about those words time after time.  In his explanation, Bill said to his son, “If you have a test tomorrow, you should pass on the party and study tonight.”  Do what must be done, when it must be done, Everyday!  “If there’s a party Friday night and you don’t have class till next Tuesday, by all means have a great time at the party.  Go for it boy!”  Do what must be done, when it must be done, Everyday!  The key to Bill’s advice to his son goes back to choices and consequences.  Every choice has a consequence.

As I said in the presentation, I am not proud of my past.  But, the learning experience was extraordinary.  So here’s the truth about consequences.  You control them.   Let me repeat…you control them!

If you do what must be done, when it must be done, everyday…you empower yourself to achieve greatness in whatever you choose.  Likewise, if you make choices that do not support you - you will receive negative consequences.  That’s a fact.

As this is a blog…and I’m not a preacher…perhaps you’d like to comment. 

What do you think of Bill’s advice? 

What, if anything, was a take away for you from my presentation at LIU today? 

Your thoughts are greatly appreciated.

Oh…and go Blackbirds!

Mortgage Fraud - 30 Years in Prison - Business Ethics Speaker Chuck Gallagher Asks - Excessive?

 

O.K.  I say often - Every choice has a consequence!  I live and breath that concept.  I’ve lived it - serving time in prison.  But, I have to ask in these comments - Is 30 years excessive?

According to the White Collar Crime Prof Blog the following was stated:  “United States Attorney’s Office for the Southern District of Florida issued a press release that Samantha Johnson and Scott Warren Johnson, husband and wife, were sentenced following their guilty please to “a wide-ranging mortgage fraud scheme.”  The sentences were 60 months for Samantha Johnson and one year for Scott Johnson.  The press release said that they received “in excess of 2.5 million in ill gotten gains.”

Now compare this to the sentence received by Chalana McFarland, a first offender who was sentenced for mortgage fraud (see here) to 30 years imprisonment for her role in an extensive mortgage fraud scheme that skimmed $20 million from the sale of over 100 homes from 1999 to 2002. 

Why such a disparity in sentence?  Could it be that the first group of individuals plead guilty and the second person risked trial?  When the stakes are so high, do you really have a constitutional right to a jury trial?”

The White Collar Crime Prof Blog goes further to state: “

30 Years to Non-violent First Offender in White Collar Case

The case of Chalana McFarland, pending in the 11th Circuit, is a case that should be closely watched as it involves a sentence of 30 years for a non-violent first offender in a white collar case. The defendant argues that this sentence is unreasonable.  The preliminary briefs are below:

Download final_11_cta_brief.pdf

Download appellee_brief_feb_28_06.pdf

Download mcfarland_reply_06.pdf

The parties also filed briefs in response to the Rita case. As noted in McFarland’s supplemental brief -

“Ms. McFarland also has a young child and has lost her reputation in the legal community as well as in the general community.  Her incarceration has been very difficult for her parents and young child.  If President Bush is correct that Libby’s sentence of 30 months is ‘excessive’ than surely Chalana McFarland’s 360 month sentence is excessive as well, and should be reversed.”

So here are the questions:

(1) If President Bush said that Scooter Libby’s sentence was unreasonable, what do you think about this sentence?

(2) Was this sentence the outcome of electing to take advantage of the constitutional right to a jury trial vs. pleading?

I elected to plead guilty to my crimes and had the agreement with the U.S. Attorney as to the length of sentence according to the sentencing guidelines.  Today, I share with businesses and associations that - Every Choice Has A Consequence.  http://www.chuckgallagher.com

But 30 years…Wow!

Any comments?

Post Katrina Bribery - Corruption Doesn’t Pay Says Business Ethics Speaker - Chuck Gallagher

Today a Grand Jury handed down an idictment against members of “The Scruggs Law Firm” for alleged bribery of Third Circut District Court Judge, Henry Lackey, of the State of Mississippi.  According to the indictment Scruggs tried to bribe Judge Lackey with $40,000 to provide a favorable ruling on a case they were a party to.

To read the indictment see the following link:  http://online.wsj.com/media/LB_wsj071127-show1_case_doc.pdf

Smart…real smart.  How often do folks think that somehow there isn’t a consequence to choices they make.  Every Choice Has A Consequence!

As a business ethics speaker, I understand that fundamental law of the universe so well.  I, too, felt that choices made could avoid consequences.  Wrong!  You cannot avoid the consequences of your choices and actions.  You may not see them immediately and often the time between choices and consequences create the illusion that they don’t exist.  They do.

The story has all the trappings of a good John Grisham book.  The problem is - the outcome will likely be prison…a place I’ve been and don’t care to go again.

In my newest presentation, “The Truth About Consequeces,” I explore with business groups the reality about the choices we make and the consequences - either positive or negative - that can follow.  For information about that presentation, contact me at http://www.chuckgallagher.com/contact.html

Read the indictment and offer your comments here.

Business Ethics Speaker - Chuck Gallagher - signing off…

How Much Is Three Years in Federal Prison Worth?

While there are those who would disagree with me - I feel that there is no amount worth the pain of prison. Having been there myself, I speak from experience.

But the Department of Justice released today that the former president and owner of ATE Tel Solutions, Rafael G. Adame, will spend three years in prison following his conviction for his involvement in a scheme to defraud the federal E-Rate program. The E-Rate program subsidizes the provision of Internet access and telecommunications services, as well as internal computer and communications networks, to economically disadvantaged schools and libraries.

The news release is attached: http://www.usdoj.gov/opa/pr/2007/November/07_at_936.html

According to the news release, ” Adame was convicted of submitting fraudulent invoices for payment to the Schools and Libraries Division of USAC from December 2001 to May 2003. As a result of the scheme to defraud the E-Rate program, Adame fraudulently obtained $106,514 in payments from USAC.”

$106,000+ in theft = three years in federal prison? I don’t get it. But then again, I did something equally as dumb and paid the price. Adame will now come to know the lesson: Every Choice Has A Consequence.

As a business ethics speaker and Senior Sales Executive in a public company, I speak to groups nationwide about choices and consequences. In fact, my most recent presentation is entitled - The Truth About Consequences! While every choice has a consequence - the fact is we can determine whether the consequence is either negative or positive.

Your thoughts about this truth?

Business Ethics Speaker - Chuck Gallagher - Signing off…

Prison - What About My Safety? Yagman’s Choices and Consequences

Stephen Yagman - recipient of the 2004 Clay awards for his outstanding achievements in Civil Rights Law was convicted of tax evasion and bankruptcy fraud in June of ‘07.

Claiming that he made enemies in law enforcement for his campaigns against police abuse, Yagman (through his attorney) argues that he should be spared an active prison term due to his fear he would be physically harmed in jail.

His story is stated here by the Associated Press: http://ap.google.com/article/ALeqM5gbqVxIYShXyLtwSjK8kYiLIy_7QgD8T2GLA80

Creative…I’ll give him that. But I would be shocked if the Federal Government prosecutors would have any interest in Yagman avoiding an active prison sentence and instead - teaching at a university.

Here’s a reality check - Yagman will find that his ego will be severely deflated upon entering prison. First, most of the inmates have no clue who he is and, frankly, won’t care.

For his crime he’ll likely be sent to a minimum security prison. Fact One, the inmates there are short timers and are anticipating getting out. They have no desire to do anything that will prolong their stay. So his safety is not an issue.

Fact Two, he’ll likely be sent to a place where his enemies won’t be. For example, he would likely be shipped to a federal minimum security facility out of state - fewer people who have any knowledge of his identity.

Fact Three, Yagman has shown from his conviction that he has a disregard for the law through his actions related to hiding assets in bankruptcy and from the IRS (tax evasion). Hence, it would be far reaching to think that the government would consider him a likely candidate to teach morality.

I know what Mr. Yagman is facing as I’ve spent time in Federal prison for tax evasion myself. I did not enjoy the experience. It was humbling to say the least. However, there are several things that I learned from my prison experience that were invaluable:

• To learn about yourself - what and what you really are - after having all aspects of ego stripped away is priceless. Sometimes you might not like what you see or come to learn, but you do learn and from that have the opportunity to grow.
• I learned that success was not in any way defined by the things that surround us - those are the things that feed our ego’s. Rather, I learned that success comes truly from the impact you have on other people. My time in prison gave me the opportunity to come to know others and myself. It gave us all a chance to become real rather than to hide behind the illusion of who we project ourselves to be.
• I learned that Every Choice Has A Consequence. Whether the consequence is negative or positive is up to you and the choices you make. You are in control of your choices and therefore the outcomes.
• Finally, through a simple opportunity to speak to others about what not to do…I found my life’s calling - speaking to others and sharing simple truths. http://www.chuckgallagher.com

Perhaps Mr. Yagman will learn as I did about the truth of who he is and what true justice means. I wish him well and respect his fight…but over time, when ego identity is stripped away, perhaps he’ll come to learn more that he could have ever taught.

Any commensts?

Business Ethics Speaker - Chuck Gallagher - signing off…

Texas Motivation Speaker - Chuck Gallagher speaks on “Saving A Life! One Choice At A Time…”

Being stuck in traffic really stinks at times and this morning was no exception. I had just heard the radio play the commercial that I had made for a local company and recall the up coming news tickler. Planning to turn my radio off or switch to satellite radio, I heard something that peaked my interest - so I left it on that station just a bit longer.

The announcer, returning from a commercial break, began to share a story that so touched me, I elected to include it in my presentations - as it spoke clearly and innocently to the focus of every presentation I make - that being - Every Choice Has A Consequence.

It seems that a young man - actually better put a school kid - in the sixth grade was being acknowledged as the citizen of the week by this station in Dallas, TX. Now, Dallas isn’t small…so for a school kid to be the citizen of the week, well I just had to hear the story.

Seems that one fine morning the kids had gathered at lunch, just visiting with each other, when one of his buddies got choked on an orange slice. Now, for any of us who have been choked…one thing you can’t do is ask for help - kinda hard when you can’t breathe. When the kids noticed what was happening most of them gathered around just looking in disbelief. You can imagine the scene - one kid choking to death - as others gathered and watched.

But not our citizen of the week. He, without giving it a thought, jumped into the middle of the group, placed his arms around his buddy and did the Heimlich maneuver dislodging the orange slice and rescuing the choking victim. He seemed to think nothing of it - but I’m sure the kid he saved has a much different feel for the whole experience.

Faced with mounding publicity, this young man seemed to take it in stride. Of course his mother was beaming with pride as her son was recognized for his heroic action. The reported asked, “Just how did you learn how to do the Heimlich?” Without hesitation the boy answered, “Why watching the movies - of course!” Taken back his mother leaned over and asked, “What movie, sweetie?” With an almost indignant tone, he replied, “Mom…Mrs. Doubtfire! Don’t you remember?”

The news anchor laughed and for once I enjoyed hearing something that created hope - good news on the radio.

Just today another story was reported out of Jacksonville, Florida. http://www.news4jax.com/news/14652643/detail.html

This story was similar in content and in the feel good human interest side of the news. It’s wonderful to talk about those choices in life that make a profound “life and death” difference. What makes them so interesting to me…is that neither of those two kids woke up, got dressed for school, and on the way out the door told their parents, “You know I think I’ll save someone today.”

When others stepped back and refused to take action, these two people stepped forward and made choices - unanticipated choices - that saved lives.

That happened to me back in 1990 - I mean someone then entered my life quite unexpectedly and made a profound statement that was life changing. He said, as I was experiencing my “Dark night of the Soul,” - “You made a mistake, but You are not that Mistake! The choices you make next will define who you really are and the legacy you will leave for your children.” As I considered suicide that night, he, in a few simple words, made the choice to stick with me and help me clear away the fog and see clearly who I could become for the first time in a long time.

Today, as a Texas Motivational Speaker, I speak to groups nationwide about choices and consequences. These two youthful examples show the power that one choice can have - saving a life. What choices have you made that have made a difference to you or other peoples lives?

For information on presentations on the Power of One visit my web site: http://www.chuckgallagher.com

Any comments?

Texas Motivational Speaker - Chuck Gallagher - signing off…

Multiple Guilty Pleas and 433 Months in Prison - And That’s Just In Three Days!

Seems that it’s been a busy week for guilty pleas and sentencing for Mortgage Fraud and related crimes.

Let’s start from the beginning of the week. The multiple members of the Dorean Group were found guilty of multiple counts of various types of fraud in a scheme to eliminate client’s debt. Their scheme involved creating mortgage and home equity fraud in order to obtain hundreds of thousands of dollars in home equity loans from unsuspecting lenders. The scheme covered investigations in California, North Carolina, South Carolina, Texas, Utah, Washington, Florida, Montana, Nevada, and Colorado. Their sentencing is set for March 18, 2008. Expect their sentence to be stiff - certainly not “Club Fed” for them.

Then theres Anthony Belletteiri, a real estate attorney, who was sentenced to 121 months in prison for his creative and elaborate scheme involving his law firms corporate and escrow bank accounts - using funds marked for real estate closings. Belletteiri also admitted that he stole approximately $2 million from a client, falsely telling the client that he had invested the client’s money in private mortgages. In order to conceal his theft, he created phoney mortgage documents, which he provided to the client, so that the client believed that his money was secured by mortgages, when it was not. This (former?) attorney was ordered to surrender to Federal prison on December 26, 2007 to begin serving his sentence. At least he got some grace in that he will be able to enjoy his last holiday season for a long while with his family - a small gift.

According to the Mortgage Fraud Blog (an excellent source for mortgage fraud information), Wesley Snyder, age 71, plead guilty to fraud for his mortgage scheme. The mortgage fraud blog reports, “Snyder defrauded more than 800 individuals throughout Central and Eastern Penn. via his “Wrap Around, Equity Slide Down Discount” Mortgage Program and his “Mortgage Participation” Investment Program. The charge carries a potential penalty of 30 years imprisonment and $1,000,000 fine.” It would appear that once incarcerated he may never see freedom again in his lifetime. I am confident that once confined, he will have many nights sleeping on a thin prison mattress wondering if it was worth ending his life in confinement?

Bang the gavel drops and Matthew Bevan Cox, age 38, is sentenced to 26+ years. In the federal system, one must serve 85% of one’s sentence…so Matthew will be a little over 60 years old when he’s released. Every choice has a consequence! In this case Mr. Cox made choices that will mean that, what is typically some of the most enjoyable and productive years of one’s life will be spent in prison - working for 12 cents per hour. He and his girl friend ran mortgage and real estate scams that spanned several south eastern states.

“Cox will now be serving the long prison sentence he deserves for his crimes,” said United States Attorney David E. Nahmias in Atlanta. “While the subject of a nationwide manhunt, Cox repeatedly used the stolen identities of minor children, the homeless and others to place multiple fraudulent loans on the same property without the knowledge or consent of the true owners. His crimes resulted in clouded property titles in several states with years of unresolved litigation, a trail of over 100 victims, and millions of dollars in losses that cannot be recovered.”

“The Secret Service has taken an aggressive stance in the prevention and investigation of mortgage fraud and other forms of identity theft”, said James Byers, Special Agent in Charge of the United States Secret Service Atlanta Field Office. “This case shows both the wide-reaching effects of identity crimes as well as the importance of cooperation among law enforcement to focus resources and respond effectively to uncover and prevent this type of financial fraud.”

Every choice has a consequence. On a personal level I feel for the people mentioned above. Not to be mistaken, I do not in any way condone their crimes or actions - I don’t. I just know that since every choice has a consequence, the price paid will be significant. Perhaps they will find, like I, that they can make their time in prison useful - either for themselves or for others.

As a business ethics speaker, I know first hand the pain of incarceration, as I’ve been there. I also know that no matter what someone might believe, you cannot escape the consequences of your choices. Likewise, if you make positive ethical moral choices the results can be quite remarkable. I, too, am living remarkable results.

For more information on presentations I make…feel free to visit my web site: http://www.chuckgallagher.com

Any comments?

Texas Ethics Speaker - Chuck Gallagher - signing off…

24 Months Can Seem Like A Lifetime!

One of the hot areas of fraud these days - one that you’ll see a lot of attention paid to is - mortgage fraud. With the housing market slumping (crashing some would say) and the sub-prime mortgage wows being echoed far and wide, more and more you’ll see reports like the one in this blog being reported.

According to the St. Louis Business Journal Bennie Clark was sentenced to 24 months in prison for his conviction on federal mortgage fraud charges. The full report is here: http://www.bizjournals.com/stlouis/stories/2007/11/12/daily75.html

It seems that Mr. Clark participated with others in a scheme to defraud mortgage lenders through a system of buying and selling properties at inflated prices. This is not new, but certainly capturing more media attention as we witness the housing collapse in many parts of the country.

Every choice has a consequence. This is the mantra that I speak on as a Business Ethics Speaker around the country. Having made poor business choices in my past (all be it 20+ years ago), I understand full well the consequences. Some twelve years ago I spent time in federal prison as a consequence of my actions (something I am not proud of). While some call it “Club Fed” I can assure anyone who has not been there that it is no “club”. It is federal prison - make no mistake.

Perhaps the unethical actions of those associated with World Wide Financial LLC will truly sink in as they have time (no pun intended) to truly grasp the concept of choices and consequences.

While I would never want to go back…once was enough to get the message - I learned many valuable lessons, not the least of which is - EVERY CHOICE HAS A CONSEQUENCE. The nice thing is - we get to enjoy the positive results that can come from positive ethical choices.

Your thoughts?

Business Ethics Speaker - Chuck Gallagher (http://www.chuckgallagher.com) signing off…

Throwing Assets to the Dogs! - Michael Vick’s Continued Consequences

According to CNN - “In a motion filed in U.S. District Court for the Eastern District of Virginia, U.S. District Judge Henry Hudson noted that Vick, in his plea agreement, agreed to pay “restitution for the full amount of the costs associated with the disposition of all dogs” in the case.”

Today the government asked a federal court to hold a portion of Michael Vick’s assets valued at more than $900,000 to be used to pay for the care and/or disposition of the 54 dogs found on Vick’s property when he was busted last spring.

For a full report of the CNN story see http://www.cnn.com/2007/US/11/20/vick.dogs/index.html

Again, according to CNN, “Vick agreed that those costs could include “the long-term care and/or the humane euthanasia of some or all of those animals,” which were seized from the “Bad Newz Kennels” on his property in Surry County, Virginia.”

As an Ethics Speaker, I routinely speak to groups about Choices and Consequences. Every choice has a consequence. I, like Michael Vick, have enjoyed the benefits of good or even great choices and the agony of the negative consequences that can follow poor choices.

Michael Vick is (was) a talented NFL rising star. He developed himself and his skill to rise to national fame. However, the choices he made on his “shadow side” have had consequences that go far beyond what Vick might have ever considered.   Perhaps when the dust settles and the consequences subside…Vick will use the experience to help others learn the sometimes painful lessons of choices and consequences.

Your thoughts?

Texas Motivational Speaker - Chuck Gallagher  (http://www.chuckgallagher.com) - Signing off…