Berbos sentenced to probation, fined $250,000
By Scott Waltman, American News, Aberdeen, S.D. | |
McClatchy-Tribune Information Services |
Simply put, Kornmann said, the charge amounts to Berbos attempting to bribe a witness, which is serious.
The sentencing hearing lasted about 90 minutes and drew some three dozen spectators, a mix of supporters and those who commented as they left the courthouse that they hoped for a more severe sentence.
At the end of the hearing, federal prosecutors dismissed charges against Berbos related to filing fraudulent crop insurance claims, counts one of Berbos' attorneys,
According to previous testimony, those charges had to do with an insurance agent erroneously entering information on a crop insurance form that indicated that 74.3 acres of Berbos land were prevented plant acres. Prevented plant acres are entitled to federal crop insurance payments when extreme weather conditions prevent crops from being planted.
The prevented plant issue led to the
Berbos served 76 days in custody after Kornmann ruled in July that Berbos violated the terms of his bond by moving to
A prosecuting attorney had asked for prison time, saying that Berbos has, throughout his adult life, shown a disregard for the law and for others and that his trying to influence a witness shows a disregard for the judicial system.
While he imposed no prison time, Kornmann didn't exactly disagree, telling Berbos his actions while awaiting sentencing were unacceptable.
"If he doesn't follow the guidelines while on federal probation, he's going to regret it," Kornmann said during the hearing. "I hope he's learned a lesson here."
A point of lengthy discussion during the sentencing was the nature of a phone call Berbos made while in custody to a staffer of U.S. Sen.
Hoskins said that Berbos called the staffer to express aggravation about the fraudulent crop insurance charges and that the conversation had nothing to do with illegal gratuity to witness charge he pleaded guilty to. And, Hoskins said, the story about the call was relayed by
The disparaging remarks about the state's U.S. attorney were improper, Kornmann said. He said there was an implication that if
In settling on a fine amount, Kornmann said that
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