But that’s not all.Īs Judge Brodie said during Mr. They ask both the government and defense counsel if there is general agreement on the application of the guidelines, while making clear that the guidelines are advisory only, and that the actual sentence will be impacted by the pre-sentence report to be prepared by the Probation Department, as well as sentencing memorandums that will come from the government and defense counsel. Judges then typically review the federal sentencing guidelines. Judge Brodie started by saying, “I am going to spend a little bit of time discussing that (the plea) and the elements of the crime to make sure you understand what it is you are pleading guilty to.”Īt my hearing, Judge Leon had a number of questions about my plea, including the names and professional details of all my co-conspirators, otherwise known just as “Employee A,” “Individual B,” and so on, and about their specific roles and how they ended up as co-conspirators. Leissner’s plea hearing Judge Margo Brodie (EDNY) reminded the defendant, “If you answer any of my questions falsely, you could face another prosecution for perjury or for making a false statement.” It marks the beginning of what can be a long period of uncertainty, when an individual loses control of his or her daily routine in a way that’s difficult to describe.Īt the start of most federal plea hearings, the judge - in my case Judge Richard Leon - makes sure the defendant is fully aware and of sound mind with respect to the proceedings, and that he or she understands that they are giving up their constitutional rights to a trial by jury and waiving other means of defense.Įchoing my experience, at Mr. In some respects, a plea hearing is more daunting and anxiety provoking than sentencing. In September 2010, I pleaded guilty in federal court in DC to one count of conspiracy to violate the Foreign Corrupt Practices Act and other statutes. Leissner’s plea hearing in federal court in New York City brought back some painful (albeit self-inflicted) memories from my own plea hearing. Reading the unsealed (although somewhat redacted) transcript of Mr. Leissner’s guilty plea to FCPA and money laundering conspiracies for his role in the multi-billion-dollar looting the Malaysian sovereign wealth fund. ![]() He was the banker in charge of the 1MDB account, work that generated $600 million in fees for Goldman Sachs, and which eventually led to Mr. Leissner was a managing director of Goldman Sachs and chairman of its Southeast Asia operations. Last week the transcript from Tim Leissner’s August 28 plea hearing was unsealed and posted online, courtesy of the Financial Times.
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