SC - Paul Murdaugh & mom Margaret Found Shot To Death - Alex Murdaugh Accused - Islandton *Guilty* #42

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Cindizzi

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[…]

Murdaugh, who turned 55 in a state prison cell in protective custody Saturday, also faces around 100 other state charges, including stealing from clients and his family’s law firm, insurance fraud and tax evasion.

Prosecutors, Murdaugh’s attorneys and state Judge Clifton Newman, who presided over the murder trial, are trying to find court time to try at least some of those charges before Newman, by law, has to retire because of his age at the end of 2023.

In federal court, Murdaugh faces 14 counts of money laundering, five counts of wire fraud, one count of bank fraud, one count of conspiracy to commit wire fraud and bank fraud, and one count of conspiracy to commit wire fraud.

[…]


What impact will federal crimes have on state charges?​

Whether he pleads guilty or not, what impact will Murdaugh's federal indictments have on his 100-plus State Grand Jury charges? Little to none, if the S.C. Attorney General's Office can help it.

"The financial allegations in these cases involve alleged abuse of state lawyer licenses dealing with state court legal actions, often before state court judges, with alleged misappropriation of state court-approved settlements," said SCAG spokesperson Robert Kittle in a statement to The Hampton County Guardian.

"The South Carolina Attorney General’s Office and the State Law Enforcement Division have occupied a primary and central role in this investigation from inception, and no action by any other entity will have any effect on our goals to ensure significant accountability in state court for any criminal conduct."

Murdaugh pleads not guilty to federal crimes. How does this impact his state charges?
 
Seattle1

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Wallendo said:
I suspect AM is bargaining with the feds for a deal where he spends as much of his jail term in federal prison instead of state prison. Even in higher security federal prisons, conditions are much better than the equivalent state prisons.
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IMO, AM isn't in a position to bargain with the Feds for a couple of reasons. First, he's on a life sentence pursuant to a State conviction, and second, I think the federal charges are fairly solid -- AM has nothing to bargain requiring any agreement.

Also, I believe the law has changed that affects the "Place of Incarceration" when a concurrent or consecutive Federal sentence imposed.

My understanding under the latest Federal Law, the primary custodian is responsible for the custody of the defendant, until primary jurisdiction is relinquished and where a life sentence by the State doesn't require jurisdiction relinquished by the State. And If a State relinquishes a life defendant, the State will continue to bear the cost of the inmate.

In other words, it doesn't follow that SC Attorney General and DOC would relinquish AM to federal authorities for service of sentence in a federal institution if they have to reimburse the cost of incarceration for their lifetime inmate to the United States.


When the state authority is primary custodian, the state bears the cost of incarceration. When the state has primary jurisdiction over a defendant, the federal sentencing judge may not order the delivery of the defendant for service of sentence in a federal institution. This order is tantamount to a transfer of custody beyond the jurisdiction of the federal court. [..]
First, under a contract pursuant to 18 U.S.C. § 5003, the state authority could request transfer of the prisoner to federal authorities with the understanding that the cost of incarceration are reimbursed to the United States.
 
Wallendo

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Seattle1 said:
IMO, AM isn't in a position to bargain with the Feds for a couple of reasons. First, he's on a life sentence pursuant to a State conviction, and second, I think the federal charges are fairly solid -- AM has nothing to bargain requiring any agreement.

Also, I believe the law has changed that affects the "Place of Incarceration" when a concurrent or consecutive Federal sentence imposed.

My understanding under the latest Federal Law, the primary custodian is responsible for the custody of the defendant, until primary jurisdiction is relinquished and where a life sentence by the State doesn't require jurisdiction relinquished by the State. And If a State relinquishes a life defendant, the State will continue to bear the cost of the inmate.

In other words, it doesn't follow that SC Attorney General and DOC would relinquish AM to federal authorities for service of sentence in a federal institution if they have to reimburse the cost of incarceration for their lifetime inmate to the United States.


When the state authority is primary custodian, the state bears the cost of incarceration. When the state has primary jurisdiction over a defendant, the federal sentencing judge may not order the delivery of the defendant for service of sentence in a federal institution. This order is tantamount to a transfer of custody beyond the jurisdiction of the federal court. [..]
First, under a contract pursuant to 18 U.S.C. § 5003, the state authority could request transfer of the prisoner to federal authorities with the understanding that the cost of incarceration are reimbursed to the United States.
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In the Ahmad Aubrey case in Georgia, the feds originally made a plea deal with the defendants to allow them to spend part of their time in federal prison. A judge later rejected the deal, but I am sure AM feels like he can talk his judge into allowing such a deal.
 
Seattle1

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Wallendo said:
In the Ahmad Aubrey case in Georgia, the feds originally made a plea deal with the defendants to allow them to spend part of their time in federal prison. A judge later rejected the deal, but I am sure AM feels like he can talk his judge into allowing such a deal.
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Thank you @Wallendo. I recall in the Aubrey case, the three defendants were also first convicted in State court and given life sentences. Maybe they learned GA was going to have to foot the bill for the 'staycation' in Federal prison and why the Judge rejected the deal.

ETA: Revisiting this case, the plea deal was primarily rejected by the Federal Judge over the 360 month sentence, and that the family of the victim opposed the deal.

In announcing her decision, Wood said the plea agreements would lock her into a sentence of 30 years or 360 months.

"Here in this relatively early stage in the case, I can't say that 360 months is the precise, fair sentence in this case," Wood said. "It could be more, it could be less, it could be that. But given the unique circumstances of this case and my desire to hear from all concerned regarding sentencing before I pronounce sentence, I am not comfortable accepting the terms of the plea agreement."

Prior to Monday's hearing, Arbery's relatives slammed the plea deal, alleging it was done behind their backs. But Lyons said her office was in frequent communication with attorneys for Arbery's family and that they assured prosecutors the family would not oppose the plea arrangements.
No Plea Agreement

Generally, I think most incarcerations follow the first conviction order (i.e., State conviction first equals custody of State prison). I've only seen two case where this did not apply and it was the case of a government informant and a gang member-- both convicted in State court where each were transferred to federal jurisdiction for security reasons. Also, neither defendants were serving life sentences.

I agree about AM -- he's probably going to first start with trying to be transferred from DOC to county jail in Charleston for the summer! MOO
 
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jakat

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Seattle1 said:
Thank you @Wallendo. I recall in the Aubrey case, the three defendants were also first convicted in State court and given life sentences. Maybe they learned GA was going to have to foot the bill for the 'staycation' in Federal prison and why the Judge rejected the deal.

Generally, I think most incarcerations follow the first conviction order (i.e., State conviction first equals custody of State prison). I've only seen two case where this did not apply and it was the case of a government informant and a gang member-- both convicted in State court where each were transferred to federal jurisdiction for security reasons. Also, neither defendants were serving life sentences.

I agree about AM -- he's probably going to first start with trying to be transferred from DOC to county jail in Charleston for the summer! MOO
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I imagine he's tired of being incarcerated and needs a change of scenery, but I wonder if he'll survive in the county jail or escape. He's a con among other things, so maybe he'll con his way into there. It's not like he's going to have an ocean view or anything nice. The heat and humidity are brutal during the summer in SC and hurricane season has just started, but they might have a/c. Probably do. He should have given more serious thought to all of his actions and today he would be free. His wife and son would still be alive. What a total idiot.

JMO
 
rescuemom

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jakat said:
I imagine he's tired of being incarcerated and needs a change of scenery, but I wonder if he'll survive in the county jail or escape. He's a con among other things, so maybe he'll con his way into there. It's not like he's going to have an ocean view or anything nice. The heat and humidity are brutal during the summer in SC and hurricane season has just started, but they might have a/c. Probably do. He should have given more serious thought to all of his actions and today he would be free. His wife and son would still be alive. What a total idiot.

JMO
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People like AM and his particular psychopathy cannot fathom that it will go any other way but the way they think it will go. To them there are no consequences, IMO.
 
girlhasnoname

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Cindizzi said:
[…]

Murdaugh, who turned 55 in a state prison cell in protective custody Saturday, also faces around 100 other state charges, including stealing from clients and his family’s law firm, insurance fraud and tax evasion.
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I hear they make birthday cakes in prison out of pop tarts and honey buns. He'll probably pack the weight on in the future.

MOO
 
girlhasnoname

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jakat said:
I imagine he's tired of being incarcerated and needs a change of scenery, but I wonder if he'll survive in the county jail or escape. He's a con among other things, so maybe he'll con his way into there. It's not like he's going to have an ocean view or anything nice. The heat and humidity are brutal during the summer in SC and hurricane season has just started, but they might have a/c. Probably do. He should have given more serious thought to all of his actions and today he would be free. His wife and son would still be alive. What a total idiot.

JMO
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Agreed, always a con. His testimony on the witness stand made me want hurl shoes, cups anything I could get my hands on at the TV. Fake, Self Centered, Narcissistic, Prideful just to name a few of the words I'd use to describe him.

I could easily see him attempting suicide in the long term. When it finally sinks in that he is done, finished, just another number in the State Correctional Center; a nobody. I don't think he'll be able to handle that.

I wonder who from his family stays in touch? I'm sure he's getting his commissary money from someone.

MOO
 
rescuemom

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girlhasnoname said:
Agreed, always a con. His testimony on the witness stand made me want hurl shoes, cups anything I could get my hands on at the TV. Fake, Self Centered, Narcissistic, Prideful just to name a few of the words I'd use to describe him.

I could easily see him attempting suicide in the long term. When it finally sinks in that he is done, finished, just another number in the State Correctional Center; a nobody. I don't think he'll be able to handle that.

I wonder who from his family stays in touch? I'm sure he's getting his commissary money from someone.

MOO
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IMO, AM needs people around him. He is a legend in his own mind. He needs to talk the and yada, yada, yada. AM et all, tend to think they are better than everyone else so aside from the benefits of Fed, I think he feels superior to the common folk in county, etc. He is disgusting.
 
arielilane

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