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I Won $104M for Blowing the Whistle But Was the Only One Who Went to Jail

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51–60 of 106 posts

Re: I Won $104M for Blowing the Whistle But Was the Only One Who Went to Jail

#51
post #46
post #27

Earlier quoted context omitted.

I would do 3 years for $100MM. I would do the next three years for $100MM, and they're pretty important years in my family! Someone offer me $100MM to be imprisoned for the next three years; I will put my money where my mouth is on this.

I'll do it for $90MM though, pick me! Pick me!

This would make for an interesting loser pays auction.

Re: I Won $104M for Blowing the Whistle But Was the Only One Who Went to Jail

#52
post #11

It's worth noting that both Kathryn Keneally, the assistant attorney general mentioned in this article, and Kevin Downing, the lead prosecutor that got him jailed, both now work for private law firms helping large corporations shelter their taxes.

It's the elephant in the room, textbook revolving door regulatory capture.

Re: I Won $104M for Blowing the Whistle But Was the Only One Who Went to Jail

#53

A little more detail from a neutral source on why Birkenfeld was jailed: http://content.time.com/time/business/article/0,8599,1928897...

Still seems very shady. His defence, as portrayed in the article, seems to be that they 1) did not offer him a cooperating witness agreement which he would seem to have deserved and 2) was being asked to break serious laws in the country of residence.

Conversely, the DoJ's defence, against as portrayed in the article, seems oddly nebulous, and in light of the later IRS decision, probably flat out wrong.

Most odd.

Re: I Won $104M for Blowing the Whistle But Was the Only One Who Went to Jail

#54
post #17

Earlier quoted context omitted.

> [...] this guy confessed. Yes, he did, but after: > All I asked for in return was a subpoena or immunity. They said no. I wonder realistically how long can you drag this out as a whistleblower? How many times can you say "I'll give you these people if you don't charge me", especially when your document stash is well hidden.

It sort of looks like this bank exec traded 3 years in minimum security prison for more money than any of us could ever use in a lifetime. I'm pretty OK with that precedent!

I'm not. As near as I can tell from objective sources, Birkenfeld:

1) Deserved the money

2) Did not deserve prison.

You can't equate those.

Re: I Won $104M for Blowing the Whistle But Was the Only One Who Went to Jail

#55
post #45
post #25

Earlier quoted context omitted.

You're undervaluing time spent locked up.

Federal prison camps are not that terrible: https://www.bop.gov/about/facilities/federal_prisons.jsp Think of it like a three-year, $100 million sabbatical "upstate." That is enough time to read through the great books. Room and board are covered and there is a commissary for personal items.

Not that terrible compared to other prisons. Compared to freedom, though, not so not-that-terrible.

Re: I Won $104M for Blowing the Whistle But Was the Only One Who Went to Jail

#56
post #55
post #45

Earlier quoted context omitted.

Federal prison camps are not that terrible: https://www.bop.gov/about/facilities/federal_prisons.jsp Think of it like a three-year, $100 million sabbatical "upstate." That is enough time to read through the great books. Room and board are covered and there is a commissary for personal items.

Not that terrible compared to other prisons. Compared to freedom, though, not so not-that-terrible.

If I had to choose between a minimum security federal prison and 3-4 long-distance airline flights a week and living out of hotels (a not-unusual travel burden for the kinds of people who make 7 figures a year reliably), I would have absolutely no trouble picking "prison".

Remember: the premise here is that once you do your bit, you're set for life.

Re: I Won $104M for Blowing the Whistle But Was the Only One Who Went to Jail

#57
post #48
post #38

Earlier quoted context omitted.

"There is a rational case to make for someone being both fully culpable for wrongdoing while still remaining entitled to bounties they've satisfied." Not really. Throwing them in jail sends the message that whistleblowing is looked down upon, and thus fewer people will do it. If the whistleblower doesn't have immunity from prosecution, the only way for them really to blow the whistle is to confess to a crime.

The mistake he made was implicating himself in a crime without getting the deal first. He should have gone in and said "I can testify to criminal behavior, but only if you'll give me immunity." That's probably what his bosses did.

It should be either-or. Either you take the time and the money, or you get off with a warning and don't make a dime from the IRS.

Re: I Won $104M for Blowing the Whistle But Was the Only One Who Went to Jail

#58
post #45
post #25

Earlier quoted context omitted.

You're undervaluing time spent locked up.

Federal prison camps are not that terrible: https://www.bop.gov/about/facilities/federal_prisons.jsp Think of it like a three-year, $100 million sabbatical "upstate." That is enough time to read through the great books. Room and board are covered and there is a commissary for personal items.

They are also not that great if you happen to annoy the wrong people. See for example Barrett Brown, John Kiriakou, et al.

http://www.johnkiriakou.com/books/letters-from-loretto/

Re: I Won $104M for Blowing the Whistle But Was the Only One Who Went to Jail

#59
Just to clarify a minor point -- the person he says threw her Blackberry across the room in frustration over his award is described by the NYT article as being frustrated because it was larger than her department's entire budget, not necessarily because he got an award at all.

Re: I Won $104M for Blowing the Whistle But Was the Only One Who Went to Jail

#60
post #54
post #17

Earlier quoted context omitted.

It sort of looks like this bank exec traded 3 years in minimum security prison for more money than any of us could ever use in a lifetime. I'm pretty OK with that precedent!

I'm not. As near as I can tell from objective sources , Birkenfeld: 1) Deserved the money 2) Did not deserve prison. You can't equate those.

Unless I'm misreading, he's a bank executive who smuggled diamonds internationally to held a Russian oligarch avoid US taxes. Why exactly are you immunizing him?
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