Stating that he "misspoke" during a recent sentencing session, a federal judge has issued an unusual correction acknowledging that he was wrong by a year in describing the date a criminal racketeering enterprise got underway.
The statement was entered into the record Friday by U.S. District Richard G. Stearns in the case of Glenn Chin, who already has been sentenced to an eight-year prison term for his role in the 2012 fungal meningitis outbreak. The jury found Chin guilty of multiple racketeering and mail fraud charges.
"I misspoke when I said that the racketeering enterprise in question began in March of 2011," Stearns wrote, adding that he meant to say March of 2010, the same date set in the closely related case of co-defendant Barry J. Cadden.
Stearns said federal prosecutors were correct in stating that jurors found the earliest racketeering act in both the Cadden and Chin cases was a fraudulent mailing dated March 25, 2010.
Meanwhile sparring between prosecutors and Chin's lawyers continued following last week's hearing on forfeiture and restitution motions filed by Assistant U.S. Attorneys George Varghese and Amanda Strachan.
The prosecutors stated that Chin's lawyer, Stephen J. Weymouth was "categorically wrong" when he charged that prosecutors "misstated the truth" in the hearing last week regarding Chin's role in the bankruptcy of the drug compounding company that caused the fungal meningitis outbreak that took the lives of at least 76 patients.
In the three-page filing prosecutors charged that Chin "spent $698,163 of his own money in the past 16 months" without disclosing existence of the money from a retirement fund in disclosures to to federal officials.
They stated that Chin was not part of a related bankruptcy settlement and did not contribute to a fund set up to benefit victims of the 2012 deadly outbreak.
According to prosecutors Chin spent the money on a new Toyota, paying off a mortgage and the purchase of two vacation timeshares.
"Chin lavishly spent his newly found retirement account while never disclosing the money to the court and accepting the services of CJA (court appointed) counsel.
The filing concludes by charging it was "a misstatement of the truth" when Chin told the court he couldn't afford any restitution.
The charges were contained in a filing following following Thursday's hearing on the government motions to force Chin to pay a total of $82.6 million in forfeiture and restitution. Stearns took the motions under advisement.
Chin is scheduled to begin serving his sentence in March. Cadden, who was convicted of similar charges, already has begun serving a nine-year sentence.
Full docket text for document 1433:
Judge Richard G. Stearns: ELECTRONIC ORDER entered as to Glenn A. Chin. In anticipation of today's hearing the court notes a correction from the sentencing hearing. I misspoke when I said that the racketeering enterprise in question began in March of 2011. The government is correct, Gov't Reply at 4 (Dkt # 1430) that I meant to say March of 2010 (consistent with the analysis in the sentencing of co-defendant Barry Cadden). A RICO enterprise is defined by a minimum of two related predicate acts occurring within ten years of one another. Here, in Chin's case, as in the Cadden trial, the earliest predicate act found by the jury is the fraudulent mailing of March 25, 2010 (Predicate Act 69). All parties agree that the enterprise endured until the shuttering of NECC in October of 2012. So stated, /s/ Richard G. Stearns. (RGS, law2)
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