Collateral Consequences and the Piling on of the Utah White Collar Registry

Criminal Law Practitioner Volume 2 Issue 2 Article 11 2015 Collateral Consequences and the Piling on of the Utah White Collar Registry Walter Pavlo Forbes Follow this and additional works at: https://digitalcommons.wcl.american.edu/clp Part of the Criminal Law Commons, and the State and Local Government Law Commons Recommended Citation Pavlo, Walter (2015) "Collateral Consequences and the Piling on of the Utah White Collar Registry," Criminal Law Practitioner: Vol. 2 : Iss. 2 , Article 11. Available at: https://digitalcommons.wcl.american.edu/clp/vol2/iss2/11 This Article is brought to you for free and open access by Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in Criminal Law Practitioner by an authorized editor of Digital Commons @ American University Washington College of Law. For more information, please contact . Pavlo: Collateral Consequences and the Piling on of the Utah White Colla Criminal Law Practitioner COLLATERAL CONSEQUENCES AND THE PILING ON OF THE UTAH WHITE COLLAR REGISTRY br Walter Paolo In a Manhattan federal courtroom on for first time offenders. However, the prison term is just one of many consequences sentencing after being previously convicted of for convicted felons. The new Utah White insider trading at trial earlier that year., The Collar Offender Registry is yet another. gallery was mostly made up of young and curiThe Utah Legislature recently passed the ous attorneys and journalists. The hearing took about an hour. Almost immediately after U.S. nation's first on-line registry to list the names District Judge Jed Rakoff uttered, "I'm sentenc- of those convicted of a white collar crime. The ing you to 48 months," the courtroom emptied site will include a photo, date of birth, height, as journalists rushed to make their deadlines. weight, eye color, and hair color of every white Unfortunately, America typically measures jus- collar offender in the state. 2 Politicians were tice in sentence duration, ignoring the other quick to give their approval of the registry effects of incarceration a person may endure. because on its surface, the registry appears to protect the public. The measure passed Jiau had already been in federal cus- the Legislature by a vote of sixty-five to sevtody since the time of her arrest in December en. Other states will likely adopt similar laws. 2010. In that time, her furniture was moved to Utah's law does little to further protect a friend's basement, her apartment was rented, and her dog was given away to new own- the public. Instead, the law only adds to the ers. She endured being shackled and hand- many burdens that former convicted felons cuffed through U.S. Bureau of Prison holding face after serving time in prison. While the facilities across the United States as she trav- criminal justice system promotes the ideoleled from her home in California to New ogy of proportional punishment for specific York, the site of her trial. Upon sentencing, crimes, individuals convicted of economic it would take her another two months to re- crimes in Utah face far more punishment than turn her to a prison on the west coast. De- time spent in prison. For example, consider the spite Judge Rakoff's official ruling, her sen- federal crime of mortgage fraud. The majortence was significantly more than "48 months." ity of cases involving federal mortgage fraud require three to five years to litigate after the The Federal Sentencing Guidelines initial charges. That time may also include contain long prison terms for economic several years of discovery and trial preparacrimes. Currently, economic crime convic- tion. Due to the time needed for prosecution, tions can result in decades in prison, even a defendant may be in prison for over seven September 22, 201, Winnie Jiau waited for 1 Walter Pavlo, WinifredJiauGets 4 Years In Prison, And What A Journey, Forbes (Sept. 21, 2011), http://www. forbes.com/sites/walterpavlo/2011/09/21/winifred-jiau-gets4 -years-in-prison-and-what-a-journey/. 2 Ben Protess, Utah Passes White CollarFelon Registry, N. Y. Times, (Mar. 11, 2015), http://www.nytimes. com/2015/03/12/business/dealbook/utah-passes-white collarfelon-registry.html?_r=0. Published by Digital Commons @ American University Washington College of Law, 2014 Summer 2015 Washington College of Law io3 1 Criminal Law Practitioner, Vol. 2 [2014], Iss. 2, Art. 11 Criminal Law Practitioner years before they are even sentenced to a prison term. Additionally, after the prison term is served, a defendant may be sentenced to multiple years of supervised release and extensive reporting and interviewing with U.S. Probation Officers. From beginning to end, a prison term of four years can mean over a decade of investigation, incarceration, and probation. ment, especially racial minorities. Although employers have the right to hire who they want to, a criminal record may hinder some individuals. It is difficult for ex-felons to gain employment at a level commensurate with their education and skill level after they leave prison. Financial institutions have the right to refuse service to someone who has been con- In addition to costing a defendant years of his life, a defendant may face high legal defense costs. Defendants can expect to pay hundreds of thousands of dollars for legal representation, even when it involves a guilty plea. During a criminal investigation, a defendant may end up unemployed or under employed. Since they have often lost their ability to be gainfully employed, a defendant's savings and assets, such as a home and 4oiK, would be depleted by the time prison is a reality. Defendants heading to prison may experience depression, anxiety, and fear. Dealing with these emotions may lead to the misuse of drugs and alcohol, which can take a toll on the defendant's health and gravely affect the family unit. A recent study by Florida State University indicated that divorce rates are higher for couples with a spouse in prison., Divorce leads to additional financial and emotional strains on the entire family. After finishing a prison sentence, a conviet typically has difficulty finding employment. President Obama's Equal Employment Opportunity Commission determined that the use of background checks in hiring qualifies as racial discrimination.4 The Commission's determination illustrates the hardship that those with a criminal record face when looking for employDara Lind, Every Year of a Prison Term Makes a 3 Couple 32 Percent More Likely to Divorce, Vox, (May 29, 2014) http://www.vox.com/2014/5/29/5756646/every-year-ofa-prison-term-makes-a-couple- 3 2-percent-more-likely-to. Bryon York, Should Government Force Businesses 4 to Hire Felons?, Wash. Examiner, (Mar. 3, 2014) http://www. washingtonexaminer.com/should-govement-force-businesses-to-hire-felons-obama-nominee-debo-adegbile-says-yes/ article/2545006. https://digitalcommons.wcl.american.edu/clp/vol2/iss2/11 io4 Washin (...truncated)