Feds Outline Restitution And Forfeiture For Kilpatrick And Ferguson Sentencing
DETROIT (WWJ) – The U.S. Attorney in Detroit wants ex-Mayor Kwame Kilpatrick and his friend Bobby Ferguson to pay $9.6 million in restitution. In a 15-page filing, the feds say the amount reflects the minimum profits from the extorted and steered contracts that were the subjects of their convictions.
The document goes on to say the restitution should be paid to the city of Detroit. In March, Kilpatrick and Ferguson were convicted on racketeering, extortion and a list of other charges.
A judge will sentence both men on Thursday.
AS TO WHY THE CITY SHOULD BE PAID…
“It is beyond question that the City of Detroit and its citizens were the clear cut victims of the defendants’ crimes … In this case is the inherent difficulty in determining the identities of all of the other victims of this complex racketeering scheme, as well as quantifying the restitution amount they are due.
The Memorandum outlines the reasoning behind forfeiture and restitution, noting that they serve distinctly different purposes and are not mutually exclusive.
…[f]orfeiture and restitution are distinct remedies. Restitution is remedial in nature, and its goal is to restore the victim’s loss. Forfeiture, in contrast, is punitive; it seeks to disgorge any profits that the offender realized from his illegal activity. Given their distinct nature and goals, restitution is calculated based on the victim’s loss, while forfeiture is based on the offender’s gain.
In March, Kwame Kilpatrick, his father Bernard Kilpatrick and friend Bobby Ferguson were hit with more than 30 charges of federal mail and tax fraud, extortion, bribery and racketeering — with Kilpatrick convicted of 24 charges. Ferguson was the only one without tax fraud charges, and Bernard Kilpatrick was the only one not convicted of racketeering.
Federal prosecutors are seeking a sentence of at least 28 years. But a 27-page sentencing memo filed Friday claims the government overstated Kilpatrick’s criminal history and didn’t have “sufficient evidence” for other crimes.