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  #81  
Old 11-24-2007, 07:32 PM
BaldElephant BaldElephant is offline
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Join Date: Oct 2007
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Default Re: Ask me about financial success to spending 2 years state prison

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Well according to op, he didn't know that he was involved in any illegal activity.

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That's not really a valid defense you know...

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Someone not knowing, hence not displaying the element of criminal intent doesn't count for anything as a defense?

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Concurrence: [ QUOTE ]
In Western jurisprudence, concurrence, (or contemporaneity or simultaneity), is the apparent need to prove the simultaneous occurrence of both actus reus ("guilty action") and mens rea ("guilty mind"), to constitute a crime; except in crimes of strict liability. In theory, if the actus reus does not hold concurrence in point of time with the mens rea then no crime has been committed.

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Hmm, that's interesting stuff. I didn't know about that, because you always hear that "ignorance is not a valid defense". But, it appears more complicated than that:

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Under U.S. criminal law, the general rule is that ignorance of the law or a mistake of law is not a valid defense to criminal prosecution.[7] However, there are exceptions to that rule. Some U.S. criminal statutes provide for what are known as "specific intent" crimes, where ignorance of the law may be a valid defense. The criminal tax statutes in the Cheek case are example of statutes for specific intent crimes, where actual ignorance of the law is a valid defense.[8]

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Wikipedia

So, you might be right in this case...
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  #82  
Old 11-24-2007, 07:42 PM
xx44 xx44 is offline
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Join Date: Jul 2006
Posts: 668
Default Re: Ask me about financial success to spending 2 years state prison

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OP,

when you went to the parole board, how confident were you about your chances and how did it go down?

did people visit you a lot?

what are you up to now, how big of a hinderance was your time in jail?

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Parole was what stressed me the most. Though everybody was like I will make merit parole at 20 months, if not then my first board at 24 months, however I still had to get approved.

This was during all the white collar cases, Martha, enron etc,, and didn't know what they felt about white collar, mayb they wanted to set an example. The interview was conducted by 3 people last 5 min and asked like5 questions.Still very stressful.

Visits were the best part. They could come sat and sun 9-2. In a room the size of a basketball court with tables and chairs spaced throughout. Vending machines and microwaves. Most of the co's were call down there and let you get away with a lot of hugging and kissing. I was visited I think every weekend by either famil or friends. My last year my gf came both days every weekend. My only ticket was for having my hand on the inside of my gf thigh given to me by a total prick co.

Jail time itself was not too bad. It could have been 20 months in a foreign country. Now it is just blur.

The thing that sux is the felony. It prohibits me from getting involved in finance and other industries. I am trading my own account making a small living. I am currently involved in a solar power copany but it is in its infancy.
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  #83  
Old 11-24-2007, 07:47 PM
xx44 xx44 is offline
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Posts: 668
Default Re: Ask me about financial success to spending 2 years state prison

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You should have hired Ira Sorkin as your attorney.

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Ike was representing a witness in the case. My lawyer was on the same tier. Stillman,Morvillo, Broffman, Lawler etc, I met with all of them.I know my lawyer at least genuinely cared.

Small community of top white collar lawyers in NY and they talk like women. I remember after I was with my attorney for a few months and questioned my decision. I started to meet with a few others again. The next day when I saw my lawyer he said,"Oh, I heard you were to see..."
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  #84  
Old 11-24-2007, 07:52 PM
KneeCo KneeCo is offline
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Location: Kingston, missing Montreal
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Default Re: Ask me about financial success to spending 2 years state prison

David,

Different kind of debt, different rule. I'm operating on limited knowledge here, so whoever knows better pls step in, but I think it's fair based on what I know to say the legal system ranks admitting you're wrong/taking responsibility high on the reform/debt paying checklist.

OP,

When you had your parole hearing did they ask you about your supposed crimes? Did they ask you if you acknowledge/regret/... them? If they didn't ask, hypothetically what would you have done if they did?

Do you keep in touch with any of your pen pals?
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  #85  
Old 11-24-2007, 07:55 PM
CallMeIshmael CallMeIshmael is offline
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Location: Tis the season, imo
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Default Re: Ask me about financial success to spending 2 years state prison

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I find the differing responses between this thread and the DUI idiot's thread illustrative.

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Illustrative of what? The tendency to come down harder on a 3 time DUI user than a guy involved w/ stock fraud?
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  #86  
Old 11-24-2007, 08:00 PM
xx44 xx44 is offline
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Join Date: Jul 2006
Posts: 668
Default Re: Ask me about financial success to spending 2 years state prison

[ QUOTE ]
David,

Different kind of debt, different rule. I'm operating on limited knowledge here, so whoever knows better pls step in, but I think it's fair based on what I know to say the legal system ranks admitting you're wrong/taking responsibility high on the reform/debt paying checklist.

OP,

When you had your parole hearing did they ask you about your supposed crimes? Did they ask you if you acknowledge/regret/... them? If they didn't ask, hypothetically what would you have done if they did?

Do you keep in touch with any of your pen pals?

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Before my parole hearing I read my plea to see exactly what I said so I could reiterate it if need be. They asked me about the crime but do not rember specifically what was asked. I did act remorseful and contrite.

I keep in touch with one guy who was in for manslaughter.My "boy" in there. His name is Alaska (because he lived there). He was paroled 3 years ago and lives in Va., his wife wirks for the DoD and was there every weekend and became friendly with my gf.
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  #87  
Old 11-24-2007, 08:50 PM
heater heater is offline
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Join Date: Feb 2006
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Default Re: Ask me about financial success to spending 2 years state prison

OP,

This was a pretty interesting thread until a bunch of douchebags decided they'd rather argue than ask you questions.

All,

Quit [censored] arguing and ask the OP more questions. K thx.
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  #88  
Old 11-24-2007, 08:53 PM
mak15 mak15 is offline
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Join Date: Jan 2006
Location: u penn
Posts: 2,093
Default Re: Ask me about financial success to spending 2 years state prison

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my $4k/month apt

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4k/month apartment on a salary of 75-100k?
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  #89  
Old 11-24-2007, 09:04 PM
schundler schundler is offline
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Default Re: Ask me about financial success to spending 2 years state prison

What were the charges specifically? Securities fraud?

I think those of you arguing the likelihood of his guilt are also missing the legal fuzziness of a lot of white collar crime, as a lot of it originates from some scheme that is borderline legal and borderline ethical to begin with or operates on some kind of loophole.
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  #90  
Old 11-24-2007, 10:55 PM
React1oN React1oN is offline
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Default Re: Ask me about financial success to spending 2 years state prison

Very interesting thread, thanks.
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