Free Sentencing Memorandum - District Court of Connecticut - Connecticut

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`" I Case 3:03-cr-00185-JCH Document 35 Filed 08/18/2005 Page 1 of 4 I
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UNITED STATES DISTRICT] .TI\ """ I
DISTRICT OF CONNECT QIIB`1$Tglc_T COURT
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UNITED STATES OF AMERICA . : NO. 3:03CR185 (JCH)
VS. :
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JAMES DEMPSEY : AUGUST 16, 2005 I
SENTENCIN G MEMORANDUM
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The defendant, James Dempsey, who is scheduled for sentencing at 11:00 a.m. on
August 31st, files this memorandum in support of his request for a non—custodial sentence. I
Mr. Dempsey in June of 2003, entered a plea of guilty to one count of 18 U.S.C., I
371, Conspiring to Impair and Impede the IRS. It is admitted that in August of 1998, Mr.
Dempsey, along with others, assisted Kurt Claywell, for whom he performed work as a I
bookkeeper, did create false documents concerning Claywell Electric Co., Inc. This was I
done at Mr. C1aywell’s request. The documents concerned payments to subcontractors
for the tax years 1996 and 1997. The purpose of these printouts was to ultimately I
deceive the IRS; this would result in favorable tax consequences for Mr. Claywell. I
James Dempsey prior to said misconduct had no criminal history. While he did I
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not derive any specific economic gain, he did get to keep his part-time employment with I
Mr. Claywell. It was determined that the economic loss associated with this wrongdoing
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was estimated as between $8,000 and $13,500 by the government. l I
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BROWN PAINDIRIS 6: SCDTT. LLP — ATTORNEYS AT LAW
100 PEARL STREET — HARTFORD. CONNECTICUT 06103 — (860) 522-3343 — JURIS NO. 20767
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I- ` Case 3:O3—cr-OO185;JCH Document 35 Filed 08/18/2005 Page 2 of 4
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Mr. Dempsey blames no one but himself for giving into the pressure of Mr. I
Claywell to perform these illegal acts. He offers no excuses for his lack of good I
judgment. In order to make amends, he instructed counsel to inform the government that
not only would he admit his guilt and forego his constitutional right to trial, but he would I
fully and quickly cooperate with the government (A.U.S.A. William Nardini). As a result I
of his attitude, he pleaded guilty to an Information. He then proceeded to meet on several I
occasions with members of the U.S. Attorney’s office and with agents of the IRS. This
will result in a SKI Motion being filed by the Office of the U.S. Attorney.
The reason the sentencing has been delayed almost Lwg years is due to the desire I
of the Office of the U.S. Attorney to have Mr. Dempsey available, should he be needed,
at the sentencing of Mr. Claywell. As a result, Mr. Dempsey has spent an additional two I
years under the thumb of the Office of U.S. Probation. He has fully complied with all
their and the court’s conditions for pre-sentencing release. Obviously, this has been I
somewhat difficult in that the delayed sentencing has kept his anxiety level pretty- high;
the fear any defendant has in facing the court for sentencing. He recognizes, however, I
that this state of limbo is part of the price he had to pay for his misdeeds. It is only
suggested that it would be fair for this court to factor this cooperation and its I
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Case 3:O3—cr-OO1?5.;JCH Document 35 Filed 08/ 1 8/2)OO5 Page 3 of 4
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consequences into the sentencing. Just like his life before this incident in the 90’s and
since his arrest, he has led an honest, hardworking life, interacting with his family.
This whole incident has been difficult for him. He is very much shameful of his f
misdeeds and seeing his good name associated with wrongdoing. He was humbled (
having to disclose his misdeeds to his loved ones and live with the stigma of being I
labeled a criminal. In sum, Mr. Dempsey’s conduct has already inflicted serious
consequences on him and his loved ones. He tried to prove through his deeds that he can i
lead an honest life. He apologizes to the court for his misconduct. He asks for the
opportunity to be sparred prison and givena chance to continue on his road to rehabilitate
himself and continue his role as a good citizen.
DEFENDANT, JAMES DEMPSEY
By
Richard R. Brown
Brown, Paindiris & Scott, LLP I
100 Pearl Street I
Hartford, CT 06103
Tel. (860) 522-3343
Ped. Bar No. Ct00009
BROWN PAINDIRIS Eu SCOTT. LLP - ATTORNEYS AT LAW
100 PEARL STREET — HARTFORD. CONNECTICUT 06103 —- (860) 522-3343 — JUR15 N0. 20767

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I Case 3:03-cr-0010-53JCH Document 35 Filed 08/1§/%)O5 Page 4 of 4
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CERTIFICATION
This is to certify that a copy of this motion was sent postage prepaid this 16th day I
of August, 2005 to the following:
A.U.S.A. William Nardini - I
Office of U.S. Attorney I
P.O. Box 1824 _
New Haven, CT 065 l0
U.S.P.O. Mark Myers I
Office of U.S. Probation
157 Church Street, 22“d Floor
New Haven, CT 06510 I
U.S.P.O. Kattya Lopez _
Office of U.S. Probation I
450 Main Street
Hartford, CT 06103
Richard R. Brown I
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BROWN PAINDIRIS Sr SCOTT, LLP - ATTORNEYS AT LAW I
100 PEARL STREET - HARTFORD, CONNECTICUT 06103 - (860) 522-3343 — JURIS NO. 20767