The Justice Department recently brought close to 60 cases in the District of Massachusetts against individuals who bribed college coaches at elite universities in order to help get their children admitted as students. The Justice Department just lost a big case against former Harvard Fencing coach Peter Brand, pictured above, who allegedly was paid by Jack Zhao, to get Zhao’s kids into Harvard through the fencing team. Zhao was also acquitted. The defense presented evidence that Zhao’s children got into Harvard on their own merit, as they were exceptional students. The defense presented evidence that Zhao’s children were top ranked fencers and didn’t need any help getting into Harvard. The defense showed that although Zhao overpaid to purchase Brand’s house, the overpayment was made as a loan to Brand, and that Brand paid Zhao back the money after he collected on an inheritance.

The case against Brand and Zhao seemed rather weak going to trial. Federal prosecutors usually don’t bring weak cases, but it happens on occasion. Federal prosecutors have a very high rate of success at trial, far higher than State prosecutors. Federal cases are costly and time consuming if you are the target of such a prosecution.

William “Rick” Singer was just sentenced to three years incarceration for his role as the mastermind of a conspiracy to get kids into Harvard and other elite institutions. Singer was paid millions of dollars to pay off coaches to get kids into elite universities on sports scholarships. Singer agreed to cooperate with prosecutors after his scheme was uncovered. Singer’s cooperation let to the conviction of 53 defendants, although none of the jail sentences exceeded 30 months. Prosecutors wanted Singer sentenced to 72 months, which is unusual considering Singer’s role in helping the government in its case. Sammy the Bull Gravano only got sentenced to five years in prison after admitting to numerous murders after he cooperated in the Government’s case against John Gotti. Singer submitted a personal statement in which he explained how he regretted what he had did, and that he had suffered from childhood trauma.

Gotti got convicted after Gravano testified against him at trial. Rick Singer cooperated with the Government and testified against 53 other co-conspirators, all of whom got convicted or pleaded guilty. In the case against Brand and Zhao the Government had no cooperating witnesses. The Government argued that Zhoe wanted to make sure that there was no chance that his kids would get rejected at Harvard. Paying off Brand was an insurance policy for Zhoe. I guess the jury wanted to see more evidence of a conspiracy before they found these men guilty beyond a reasonable doubt, which is a high burden of proof.

The Justice Department rarely brings a case without cooperating witnesses, even though at trial the defense attorney will attempt to destroy their credibility. A cooperating witness is going to be spared many years in jail by testifying against his co-conspirators.

May you have a year of peace and blessings