Miami lawyer convicted of looting trust fund avoids prison time in judge’s controversial decision
By David Ovalle, The Miami Herald | |
McClatchy-Tribune Information Services |
Instead, the 76-year-old disbarred attorney must serve six years probation and pay back the looted funds,
In a nine-page ruling, Hirsch insisted that Bailey -- who once "stood at the very pinnacle" of local commercial litigation lawyers -- could not pay back the money while behind bars.
"
Said prosecutor
Bailey was once considered one of the top commercial lawyers in
Most recently, Bailey's firm represented
Eventually, Bailey won a settlement for the life insurance payout, and the money went into a trust account lawyer controlled by the lawyer. After much cajoling, he paid
In
The verdict clearly surprised Hirsch, a former president of the
"I didn't see this coming," Hirsch said shortly after the verdict, expressing hesitation to jail a man "who had been practicing law for longer than I have ... excuse me, I am not going to do it."
Bailey faced up to 30 years in prison. Prosecutors and the Levrants -- who believe they'll never get a cent in restitution -- wanted 21 months prison, the bottom of the sentencing guidelines.
In an order that ruminated extensively on the goal and meaning of punishment, Hirsch quoted Shakespeare, Plato and former U.S.
"If ever a criminal case cried out for restitution in lieu of incarceration, this is that case," he wrote. "Certainly,
A judge since 2010, Hirsch has never hesitated to wade into controversy.
In 2012, Hirsch ruled that prosecutors could not say a fingerprint found at a crime scene was a controversial match, a decision later overturned by an appeals court. Later that year, the same appeals court ruled that he should have recused himself from a murder case after he criticized the victim's family from the bench.
When a
On Friday, Bailey's defense lawyer,
"He's going to try and back every cent in this matter," he said.
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