It appears former Jackson Mayor Chokwe Antar Lumumba will serve between three and four years in federal prison for his conspiracy to commit bribery conviction.
Lumumba, former Jackson City Councilman Aaron Banks, and former Hinds County District Attorney Jody Owens pleaded guilty to the crime in July. U.S. District Judge Daniel P. Jordan, III sentenced Owens to 41 months in prison and Banks to 45 months in prison Thursday.
Lumumba was not sentenced with his fellow conspirators Thursday. Judge Daniel Jordan instead held a motion hearing after the former Jackson Mayor filed several objections to his presentence investigation report (PSI).
Chief among Lumumba's objections was the calculation of loss. Such calculations are included in federal sentencing guidelines and assist in determining the length of the prison sentence. Posted below is a partial list of the applicable sentencing guidelines for Lumumba.
The resentence investigation report calculated total losses at $177,000: $50,000 paid to Lumumba, $50,000 bribe promised to Lumumba, $70,000 in for the costs of the trip to Miami. The source of $7,000 in claimed loss was not disclosed.
Lumumba's lawyer Gerald Evelyn objected to the loss calculations, arguing the $70,000 was a cost of the investigation and should be excluded. Evelyn argued the promised bribe should be omitted as well.
"The government arranged this affair", as it paid for hotel rooms, use of a private jet, nightclubs, and the use of a yacht. The money spent by 22 agents was not itemized, argued Evelyn.
Assistant U.S. Attorney David Fulcher wasted no time in firing back at the Lumumba team. "The probation officer got this right. We have submitted receipts for the money spent. This was a trip to South Florida planned by Mr. Owens. It was part of the bribe conduct, a benefit received, all-expense paid vacation on private jets, hotel rooms, and visits to a club. Those are costs of reasonable value for the trip. Chokwe Lumumba could have accepted those bribes in Jackson but part of these bribes are a vacation getaway.
Fulcher pointed out nearly half of the cost of the trip was $30,000 spent on the private jet. The money spent on entertainment for the defendants was part of the inducement. Payment for such entertainment is part of the indictment and thus is not an expense.
Evelyn did not present any case law showing such inducements are expenses, a fact observed by Judge Jordan.
Lumumba continued to argue a Fifth Circuit case, U.S.A. v. Roussell (2013) prevented the Court from considering the promised bribe as a loss. The case involved New Orleans police officers soliciting bribes from Entergy in exchange for storm-related work. The government paid one bribe. The Court held the promise of the future bribe was speculative and thus could not be considered at sentencing. However, Judge Jordan said the case at hand differed from Roussell.
The bribe in the New Orleans case would only take place if a future storm caused severe damage in New Orleans, a rather uncertain condition. A specific promise of a bribe was made to Lumumba. Owens and the Undercovers (sounds like a band) gave the former Mayor $50,000 as a down payment on the bribe.
Judge Jordan held the entire bribe, paid and promised, could be included in the loss calculations. The Court pointed out all bribery activity occurred after Lumumba agreed to the conspiracy.
Judge Jordan decreed Lumumba would be classified at level 21. The prison term for such a classification is 37 to 46 months. The former Mayor will be sentenced on November 20.
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