‘There are no excuses’: Fleming, friend of Murdaugh, sentenced for scheme to steal $4.3 million [The State]
“We’re dealing with the consequences of the bad, and that is as bad as it gets in this case, for a lawyer who has a prior record,” Judge
Before sentencing Fleming , Newman talked slowly and at times groped for words. “This is unprecedented, this is unimaginable…. This is, I think, the greatest crime for a lawyer in the history of the state of
Newman stressed the impact of Fleming’s well-publicized betrayals of his clients, who were what he called “vulnerable people....I cannot imagine anyone in
Fleming, 53, an ex-lawyer and longtime Murdaugh friend who pleaded guilty
The sentence for Fleming’s crimes against the family of
Fleming was also given a 10-year sentence, to be served following the first 10 years, for crimes committed against the family of
In total, Fleming could serve anywhere from 17 to 20 years in a
Newman called the case unprecedented in the scope and scale of its “thievery.
Despite letters and words of support from some friends of Fleming, Newman said his sentence addresses only the consequences of Fleming’s crimes.
In his job as a judge, Newman said, he is called upon to do justice and show mercy, but not to be “lenient.”
In August, Fleming was sentenced to 46 months in federal prison by
The 46 months federal prison term Fleming is facing will count towards his state 20-year sentence, officials said.
Newman said he had not reviewed Gergel’s sentencing documents before Fleming’s hearing because the state and federal courts are two different systems.
“I’ve never deferred to a federal court to guide my sentence as a state court judge,” Newman said.
Fleming pleaded guilty to the federal charges in May. He also surrendered his license to practice law, and he almost certainly would have been disbarred had he not done so.
State prosecutor
“It should not be buy one, get one free,” Waters quipped. “There needs to be independent accountability ... A lawyer should not get one-stop shopping for victimizing multiple clients over the course of a decade.”
Moreover, said Waters, the state charges include a crime stealing from a client some 10 years ago, a crime that federal authorities did not charge Fleming with because of the statute of limitations. This shows the Satterfield case was not one isolated incident but part of a “decade-long scheme of criminal conduct,” he said.
Fleming’s current remorse and apologetic nature, Waters argued, came about only after a state grand jury “caught him red-handed.”
Fleming’s attorney,
“This idea that justice hasn’t been served – I take issue with that,” Barbier told Newman. “Justice is not served ... by obtaining multiple convictions and requiring a man to serve two sentences for the same offense... No individual should be forced to serve two sentences for the exact same crimes.”
Barbier also told the judge about Fleming’s numerous good works, including helping poor and homeless people, mentoring young lawyers, using his construction skills to help people whose plumbing has gone bad and doing legal work for those who could not afford it.
“At the heart of this, he’s a good person who made some very bad decisions,” Barbier said, adding Fleming is genuinely remorseful. “We are all better than the worst thing that we’ve done.”
Fleming, rising and speaking softly to the courtroom after his group of supporters had spoken, expressed his regrets directly. He spoke through tears at the end of his statement, acknowledging the “turmoil” he brought to his family.
“For many years I stood in this very courtroom representing people, many of those people had broken the law. I was very aware that one bad decision or a series of bad decisions could have life changing and irreversible consequences,” Fleming said. “There are no excuses. I place the blame for my actions on my shoulders.”
Fleming thanked the Satterfield family for their forgiveness, and apologized for his deception.
Fleming was charged with stealing the money from the estate of
“Your mother was a wonderful woman,” Fleming said. “You deserve someone who would not betray your trust. I did not do those things. I failed you.”
The stolen money came from a scheme concocted by Murdaugh that had Fleming, an old law school friend, suing Murdaugh to get the proceeds from liability insurance paid to Satterfield’s estate. Murdaugh wound up with far more than Fleming in the scam.
Fleming had also pleaded guilty to stealing money 10 years ago from
Also speaking was Rep.
Pinckney, who only earns a fraction of what Fleming used to earn as a lawyer, was not shown any compassion or empathy by Fleming, who took her money to pay for a trip to the College World Series “to watch baseball,” Bamberg said. Fleming might regret what he did, but “we do not believe he is remorseful for what he did,” Bamberg said.
Attorney
Bland also told the judge to give a sentence that tells all
Laffitte has also been charged with numerous white-collar crimes connected to Murdaugh. He appeared before Newman on Thursday, but Newman deferred setting a trial date for Laffitte until later this fall.
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