Posts Tagged ‘Albert Dayan’

Wholly Thursday

April 6, 2012

Judge Shira has spoken, and Viktor Bout has been sentenced to 25 years in federal prison.  The fact that this is the minimum sentence mandated by law ought to tell you something about what the judge thinks of the federal government’s case.  In her remarks at sentencing, Judge Scheindlin came just about as close to calling it outright entrapment as judicial ethics will permit:

 “But for the approach made through this determined sting operation, there is no reason to believe Bout would ever have committed the charged crimes,” Scheindlin said.  The judge also ordered a $15 million forfeiture.

It’s not clear where Bout is expected to come up with that kind of money, especially since those “FARC operatives” never did buy any of his cargo planes.   Perhaps the SDNY prosecutors’ sentencing memo explicitly identified the location and magnitude of Bout’s overseas assets in order to justify forfeiture.   Lunghu kinda doubts it:  the sources and methods by which such information would be obtained are considered more valuable than the paltry $15 million nobody will ever collect.   Perhaps Rosboronexport will just have to build that cost into the price of those Hind helicopters that Afghanistan is buying with U.S. aid money.

Where do we go from here?  Bout’s attorney —Albert Dayanwill appeal the conviction.   The U.S. Bureau of Prisons will choose a new, semi-permanent home for Viktor Bout (probably after the Easter weekend, unless the U.S. Marshals are looking for an overtime detail).  And sometime later in the month, we’ll know from the BOP Inmate Locator service where Viktor is housed.  Just a reminder:  Lunghu is rooting for Fairton FCI.

In the meantime, certain people will undoubtedly encourage Comrade Bout to be more talkative and forthcoming.  There will be plenty of time to reflect and reminisce, to chat beside the steaming samovar and recall times gone by.  It’s always the little things that count.


There’s Always Tomorrow

February 7, 2012

The day we’ve all been waiting for has not yet arrived –and it won’t be here tomorrow, either.  That’s because …

A [federal] court in New York has postponed the sentencing of Russian national Viktor Bout, who was found guilty of arms trafficking last November.  The court was to deliver its sentence on February 8, 2012, but the session was postponed as prosecutors failed to give their response to one of the defense team’s two motions.  No details were available on Tuesday.

Lunghu wonders whether certain mitigating factors are being taken into consideration during the course of consultations between Judge Shira Scheindlin and SDNY prosecutors.  Bout’s attorney, Albert Dayan, appears to be lobbying for a lighter sentence:

Lawyer Albert Dayan compares Bout’s “barbarian” incarceration conditions [at MCC] to those of the Count of Monte Cristo, a fictional creation of novelist Alexandre Dumas who spent 14 years in a prison cell.  Dayan says his client … has to spend “days and nights” in solitary confinement and is denied “basic, God-given rights like fresh air and sunshine.”

Actually, Albert, fourteen years would be considerably under the sentencing guidelines for the federal charges on which Bout was convicted.  Good luck with that.

On the brighter side, FCI Fairton gets plenty of sunshine and fresh South Jersey air.  Better than Lewisburg or Allenwood.