Thursday, March 6, 2014

Claiborne Frazier tries to withdraw guilty plea

Collection of all posts on Frazier case

Sentencing is scheduled for today in U.S. District Court for Austin, Clairborne, and C.E. Frazier, Jr.  C.E., Jr. is the father of Austin and Claiborne.  Austin and C.E. pleaded guilty to one count of "conspiracy to commit  bank fraud, mail fraud and/or wire fraud in violation of 18 U.S.C. 371". The crime carries a maximum sentence of five years in prison, $250,000 fine, and supervised release of not more than three years. Claiborne pleaded guilty to one count of "conspiracy to commit bank, mail and/or wire fraud in violation of 18 U.S.C. 1349." The charge carries a maximum sentence of thirty years in prison, $250,000 fine, and supervised release for a term of five years. Earlier post with copy of indictment.   However, Claiborne filed a motion to withdraw his guilty plea last week.  He is represented by Cynthia Stewart.

Claiborne asked the court to allow him to withdraw his guilty plea after he accused the government of breaking the plea agreement. He argues he pleaded guilty to a specific set of facts, but the government is trying to proffer additional facts for sentencing not included in the original agreement. He claims the agreement was based solely on facts concerning the fraud committed against BancorpSouth and Merchants & Farmer's Bank. Mr. Frazier states:

Frazier having pleaded guilty, the Government has now made it clear that it intends to go outside the scope of the parties’ agreement and use conduct other than that directed towards BancorpSouth and M&F Bank as relevant conduct. This it should not be allowed to do. If the Government insists on relying on relevant conduct outside the scope of the agreement entered into between Frazier and the Government, then Claiborne Frazier requests to exercise his right to withdraw his guilty plea based on the Government’s breach of its agreement with Frazier.....

This Court, then, should order that all acts pertaining to any entity other than BancorpSouth Bank and M&F Bank be redacted from all documents and transcripts purporting to recite the overt acts and relevant conduct underlying the plea. If this is not done, then Frazier has no choice but to exercise his right to withdraw his plea of guilty.

The government responded by stating Mr. Frazier signed the plea agreement under one little condition:

The defendant understood that “a number of things will be considered in the sentence, including relevant conduct, that will be part of the presentence investigation”... [Id., p.21];

“Defendant further understands that Defendant is liable to make restitution for the full amount of the loss determined by the Court, to include relevant conduct, which amount is not limited to the count of conviction.”

b. “Defendant further acknowledges and agrees that any factual issues regarding the sentencing will be resolved by the sentencing judge under a preponderance of the evidence standard, and Defendant waives any right to a jury determination of these sentencing issues. Defendant further agrees that, in making its sentencing decision, the district court may consider any relevant evidence without regard to its admissibility under the rules of evidence applicable at trial.”

Austin and C.E., Jr. have not challenged their guilty pleas. Looks like it will be an interesting day in court today.


Anonymous said...

I have to ask it. Did the Fraziers kill the mayor?


Kenny Stokes

exjxnres said...

I hate the fact that C. E. was drug into this by his two felony children. Claiborne is the "brains" of this fiasco, Austin was just weak minded enough to "go with the flow". I'm sure the money had a lot to do with his decision to cooperate with Claiborne. Claiborne will pay for this the rest of his life, whether he is in jail or out. His reputation will follow him forever, and wherever he lands, those associated with him will suffer too.

Anonymous said...

Does this suprise anyone? If this fails then Claiborne will argue he received inadequate advice from his previous public defender and should be able to change his plea yet again. Another delaying tatic.

Anonymous said...

with his luck, he will walk away a free man.

Anonymous said...

Claiborne doesn't have a public defender and never did.

Kingfish said...

He had a public defender. Now its Stewart.

Anonymous said...

Surprised they didn't ask for a delay for a "snow" day.

Anonymous said...

A sister who also stole from him...

Anonymous said...

any update to what has happened to this low life

Anonymous said...

Well, What punishment did those who were prosecuted receive?

Anonymous said...

And the ex, Sherry, is now engaged to some poor schmuck down in Florida.

Anonymous said...

The best part of this whole deal is that his friends that he defrauded are absolutely no better as people. It reminds me of piranha all swimming together and one of them gets wounded and the rest turn and eat the wounded one. Yes, Claiborne and Austin are schmucks, but the same goes for all the people they swindled along the way that idolized their gauche lifestyle and wanted to get rich quick or wanted to have their babies to get to their money.

Kingfish said...

Yeah, Tasho is a real con artist. So are the Hines'. Good thing they got what was coming to them.

Anonymous said...

Kingfish who is Tasho? And relevance?

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