Insurance Coverage Blog

Judge "Maximum Neal" Biggers today sentenced Zach Scruggs to 14 months in prison for his role in the Scruggs Bribery Scandal.  Actually, it was not the maximum he could have received -- three years was the max.  According to this Associated Press story by Holbrook Mohr, the younger Scruggs seemed surprised. 

Here is a transcript of Zach Scruggs' sentencing hearing, at the website of the Sun Herald, and you may note when you read it that Zach was represented by suspected Trailer Lawyer Todd Graves.  (Unconfirmed rumors were that Graves arrived at the courthouse in a single-wide pulled by a 1986 Jeep Cherokee with rust colorations, and was met by a State Farm band of pipers playing "Bye Bye Trailer Lawyer Pie."  I'm still checking this out).

Also present and representing Zach was former Mississippi AG Mike Moore, who at one point, to the apparent surprise of the judge, who said he was accustomed to only one lawyer speaking on behalf of a defendant, interjected some bunk about counseling Zach over the last year and how he's now very remorseful. 

Judge, the only thing I will say, because I 've known Zach since he was a little boy, what has occurred in this case is completely out of character for him. And I've counseled with him and worked with him over the last year, and I can promise the Court that he is very remorseful and very contrite and ashamed, ashamed of what has occurred.

Yeah, right, I can hear you now, what you're saying to yourself: "Moore was counseling him? That might be part of his problem right there." This is of course a very cynical view which I in no way endorse, I merely note that some may be thinking this.  The Moore statement apparently went over with the Court like a lead zeppelin, because as mentioned, the judge sentenced the younger Scruggs to 14 months, contrary to the recommendation of prosecutors for a sentence of probation. (You may recall, if you know your rock and roll history, that Keith Moon,  the fabled drummer of The Who, heard that Jimmy Page, Robert Plant, John Paul Jones and John Bonham were going to form a new band out of the debris of The Yardbirds, and Moon supposedly said that the new band "would go over like a lead zeppelin."  Thus the name of the band, Led Zeppelin -- the simplified spelling was, no doubt, so as not to confuse fans of heavy metal).   

Here's what Judge Biggers had to say about Scruggs' role in the bribery scandal, including a nice little exchange with Mike "Lead Zeppelin" Moore. 

All right. Well, as counsel and the Government both know, and as the Court pointed out at the plea, any pleas for leniency by the Government or anyone else are not binding on the Court. And the Court primarily is bound by the sentencing guidelines that are the law, regardless of what any individuals ask for.

Your case is a sad case, Mr. Scruggs, as your attorney eloquently stated. The primary actor in this case was your father. It would not have happened without him. And it makes it even sadder that you, his son, was brought into it. The evidence in this case shows that you were fully aware of this corruption - - attempted corruption of Judge Lackey. You took that order that Balducci brought up to your law office that - - the corrupt order that was attempted to be bought from Judge Lackey. And you made comments on it. You said where commas should be and what things should be said about it, what the order should say.

And based on some of those tapes that you - - that were played at the request of your attorney - - or your father' s attorney, Mr. Keker, and which I heard because they were produced, I just - - it was just clear that you not only knew what was going on, you were participating in what was going on. You helped write that order.

You shake your head, Mr. Moore; but I heard the tapes. He wrote - - he suggested what should be in that order, that corrupted order. Have you heard that?

MR . MOORE: Judge, I 've listened to every tape, interviewed every witness.

THE COURT: Well, then, you've heard that if you've listened to every tape.

MR . MOORE: I did Judge - -

THE COURT: He commented on it.

MR . MOORE: - - and I hope I get a chance to respond.

THE COURT: Well, you've had your chance to respond. Well, you can respond to that; you can respond to that. Go ahead.

MR . MOORE: Thank you, Your Honor. Zach Scruggs never had any knowledge whatsoever that there was any conspiracy to bribe a judge in this case. Zach Scruggs, on March 28th, was at a meeting about a - -

THE COURT: He' s not being sentenced for conspiracy to bribe a judge.

MR . MOORE: I understand, Judge.

THE COURT: He' s being sentenced for misprision of a felony. But the underlying offense is the corruption of Judge Lackey. He knew that Judge Lackey was being corrupted, and he had an order there that he was looking at that was part of - - that was an order that was being bought from Judge Lackey - - or being taken - - persuaded - - at the very least, that he - - you're saying he knew - - that I know he knew - - was that this order was the result of a corruption or attempted corruption of Judge Lackey.

MR . MOORE: Right. Your Honor, I - -

THE COURT: And whether it was for money or whatever else is really immaterial; it was a corrupt order.

MR . MOORE: The only difference - - and I don' t want to offend the Court. But the only difference is, is that the only thing Zach knew was that Tim Balducci went to have a conversation with Judge Lackey. He never knew that anybody conspired to bribe a judge or to do something untoward. The tape that you're talking about is a tape that occurred after Tim Balducci came to the Scruggs Law Firm on November the 1st, wired up, wearing a wire, walked up the stairs, saying he was there to meet with two individuals, Sid Backstrom and Dick Scruggs. Zach Scruggs, all the evidence would show, happened to walk in the room that day. He was never a part of that. And that' s the only evidence the Government ever had in this case. And that may be a distinction without a difference in Your Honor' s mind, but it' s a distinction in Zach' s mind.

THE COURT: Well, that' s something you can argue. Whether or not that' s true remains open. He hasn' t pled guilty to being part of the bribery. And he' s not being sentenced for part of the bribery. You know, when Mr. Backstrom - - who' s admitted he was part of the bribe - - and your client are as close as they were, they're up there in that office every day talking about their - - the legal projects of the firm - - and it' s hard to - - it' s kind of a stretch of credulity to believe that Backstrom never mentioned that money was being sent down to Judge Lackey. You can claim that; you can argue that. And as far as the law is concerned, I'm going to base the sentence on that. But whether or not I believe that is something else.

MR . MOORE: One thing I ' d say, Judge, is - - and I know you've listened to some of the tapes, but I 've listened to all of them. And if the Government has a different view, they can say it. With all of the conversations, hundreds of conversations, that were wiretapped and taped, there' s no mention of Zach Scruggs in this case anywhere. He just - -

THE COURT: I understand all of that. That' s not part of this hearing. What do you say, Mr. Dawson?

MR . DAWSON: I ' d have to disagree with that statement. Mr. Scruggs - - Zach Scruggs is mentioned on some of the tapes.

THE COURT: That was my recollection also. And another thing that impressed me negatively about this, frankly, is that when you, Mr. Scruggs, and Mr. Backstrom were talking with Mr. Balducci over this order that he had brought to you before it had been entered by Judge Lackey, it was an order that you were commenting on how it should read and what it
should say - - and you've told me that you have a great respect and love for the legal field, for the legal profession. And I ' m - - I ' m not questioning that. But you certainly had no great respect for the Circuit Court of Lafayette County or Judge Lackey, because the tapes show that you told Mr. Balducci and Mr. Backstrom that we need to hurry up and get this order signed before some other asshole gets the case. Now, that' s a total thumb in your nose at the Lafayette County Circuit Court. And it contradicts your statement to the Court that you have a great love and respect for the legal profession.

Based on these considerations, and based on the sentencing guidelines that have been furnished the Court, you have no criminal history. I ' m taking into consideration the Government' s plea bargain with you. Of course, I told you when the plea bargain was entered into it was not a binding plea agreement. If, really, the Government and defendants were serious on something that would bind the Court to a specific sentence, it would have been an 11( c ) ( 1 ) ( C ) plea agreement like Mr. Backstrom had which bound the Court.

MR . MOORE: Your Honor, we were informed by the Government on that matter - - we asked for a binding plea and the Government - -

THE COURT: You didn' t get it. You were here when he entered a plea of guilty. It was not an 11( c ) ( 1 ) ( C ) ; I told you it was not binding.

MR . MOORE: Judge, we know that. I just - -

THE COURT: Well, all right. Then, if I want you to say anymore, Mr. Moore, I 'll ask for it.

If you know anything about Mike Moore, you know, of course, that he kept right on talking, despite what the judge said, and even stepped on co-counsel Graves' lines in doing so.  In the end, the judge said he will consider allowing Zach to stay out of prison until after the birth of his third child in October.  He was fined $250,000.  Judge Biggers said he gave some weight to the prosectuors' recommendation of probation, and imposed the 14 months sentence instead of the 21 to 27 months the sentencing guidelines call for.   

I would want to go to prison and get it over. Woman are quite touchy around this time in the pregnancy. Imagine his wife reminding him everyday that he is going to prison and has no job. Club Fed might sound good.

Lying convicted felons who will soon be inmates in custody. Oh well, like Father, like Son.

I hope the judge will NOT make an exception and allow Zach's prison term to commense after the birth of his child in October. On a personal level, I pity him for having to miss that. However, I pity more the men and women serving our country in Iraq and other foreign fields who miss the birth of their children. FurtherMOORE, it sounds as though Zach was not really remorseful for his actions, rather, as Moore put it, he was sorry for "what has occurred". I can't decide if this is denial, arrogance or plain ole stupidity. If you recall, every last one of the defendants in this case first stated emphatically that they were "innocent of these baseless charges". Each of them knew that they were guilty as sin when they made this statement. In this type of case and with defendants who are well aware of the law, the public statements of innocence should further irritate the court as it does me.

I'd say Judge Biggers is a tad thin-skinned. Just because Zach called those other judges "assholes" ......

@Doug.

That's a pretty low-class thing to say. I'm not commenting on Z.S.'s innocence, guilt or the appropriateness of his sentence; I'll leave that to God and the court. But one thing I do know--the wife and the kids are the innocent ones. And the removal of a husband and a father will ultimately hurt the marriage and the children. From their perspective, it's not a laughing matter.

Led Zeppelin simplified the spelling so that the Americans wouldn't mispronounce the name (yes, at some point in my life I read the Led Zeppelin biography--the shame).

Doug...That is hilarious! I wish I had thought of it. I hope you don't mind if I "steal" your line. Happy Independence Day to all! It's a great time to be an American!

I had remembered that Moon made the comment along the lines, "the group will go down like a lead balloon" and that the members changed it a little and decided on the name Led Zeppelin.

Guess 'bout all we have left to do now is see if Zack appeals his sentence (bad idea, Todd); more charges are brought against Duckie (high probability); the qui tam ever gets going again; if the MO Bar looks into the antics of trailer 1 through 6; if Duckie loses his appeal of Judge Acker's order and bellies up for the Rigsbies (if his money comes in- how can a zillionaire struggle to raise $250,000 as ordered by Judge Biggers?). It just seems this has been one real sucky week for one office on the Oxford Square. Could it get better? Maybe Keker will tear up his latest bill. Could it get worse? me thinks it surely will! Has that alligator with the lipstick got any teeth left? If so, better hold onto them, ya might need 'um!

I wondered the same thing, whether the men serving our Country were allowed to come home for the births of their children. I know someone who was allowed to delay his deployment to wait for his child's birth, but I do not know if they get to come home from a deployment. My guess is no.

Moore just kills me. What a clown! Will somebody please explain to me how he ever had a prayer, much less a successful prayer, of becoming AG for an actual United State? (Or, no need to bother, actually. I know you're just going to tell me about the previous AG, and how Moore was his puppet, and that the Attorney General's post was Moore's reward for being a good puppy dog.) Can't you just hear Zach Scruggs, sitting in his Defendant's seat, wanting this stupid sentencing hearing to be over with already, squirming and shrinking whilst Moore rattled on with his so obviously impotent blathering? I'm picturing Zach-the-Ventroliquist, trying to scream, "shut up, man!" to Moore without moving his lips.

Oops. Nevermind. Moore was the predecessor (to Jim Hood, of course). I blame my lack of sleep for the last two nights for that gaffe. But, really, there are clowns aplenty in Mississippi...

Judge Biggers set date to report at August 15, I bet he doens't change it either.

EYEONHOOD:

With the Fourth of July weekend almost upon us, I appreciated your kind thoughts about those who will be celebrating the 4th, away from their families, while serving our Country in harms way.

My 11BRAVO nephew is currently serving his third tour in Iraq. He's never been home to witness the birth of his two children because of his military deployments.

I have absolutely no concern for the pitiful situation that Zach Scruggs caused for himself and his family.

My nephew has chosen to serve our country during a time of wear. He understands that his service has serious if not fatal consequences. He's prepared to face them.

Zach Scruggs needs to stop whinning and crying, and face the consequences he brought on himself by committing a criminal act. The big baby needs shut up and do his time.

Again, thank you. Uncle Sam.

Assuming he was quoted correctly, Mike Moore's understanding of the crime with which his client was charged is shown by this from the July 3 [Jackson] Clarion-Ledger: After the hearing, Moore said of Zach Scruggs, "His father is involved in something. What's he going to do? Turn his father in?" With help like that it is a wonder he is not going to jail for a longer time.

Hey David---have a great 4th. You deserve some time off!

And by the way, "Unconfirmed rumors were that Graves arrived at the courthouse in a single-wide pulled by a 1986 Jeep Cherokee with rust colorations, and was met by a State Farm band of pipers playing "Bye Bye Trailer Lawyer Pie." I'm still checking this out" Thanks--Just had to get one last giggle in for the day.

Odds on Dickie failing to report, ever, and last being heard from at a Swiss chalet?

Odds on Lott calling in a favor from Dubbya, begging for a Scooter?

As much as I love reading the articles and comments here, I have to admit that I am glad a few days have passed without a new article. David, you deserved some time off. I cannot imagine a fulltime job and writing/researching for this blog at the same time--plus a family! A much-earned mini-vacay.

moore's gonna be smarting from this one for a good while....can't you just see the red handprint across his face. what an embarrassing performance. and to think that he didn't see it coming?!*!
there's you an ego issue or two, i'd say. your average moron lawyer with a day or two of court under his belt knows when he's getting on a judge's last nerve. don't know moore, but the dude must be big-time full of himself.

I know this is a little late in posting but I've known Mike Moore for 25+ years. We defended many cases prosecuted by him in Jackson County. We were adversaries not friends. He is a worthy and knowledgeable lawyer. He also was an excellent AG for Mississippi. I think his "problem" if you want to call it that at Zach's sentencing is that he is TOO CLOSE to his client, Zach and very close friend of the family. When you are much closer than normal Attorney-Client relationship, its creates a certain desperation for you as close "friend" because its personal your not just an advocate. You want to help so bad that you forget your an advocate and you resort to "begging". I've had the displeasure of being in that position before. Its not good or smart quite frankly, although mine was more successful. That is what I saw from Mike's performance and not a "baffoon" as someone said.