Trials and Tribulations of Juicy and Tre...

[Jennifersdc]

Higgins - it's not a trial anymore. That's over. It's now just sentencing (but I think you know that and misspoke). Teresa pled to four counts, which ended up being one of each overall crime she was charged with. (1) conspiracy to commit mail and wire fraud (2) failure to file taxes (3) concealment BK (4) false statements during BK proceedings. There were 41 counts because several of these applied to each instance.

Are you a Teresa fan? It only matters cause maybe I can get you to order some Fabellini too. They need the money. I hold the line at Milania hair care though.

[LotusFlower]

The other thing of interest ". . . this office reserves the right to take any position with respect to the appropriate sentence to be imposed on Teresa Giudice by the sentencing judge. . . ."  So Teresa did not even really get any breaks from the government.

I was going to cite that exact quote as well. In fact, that tells me they are going to ask for the maximum sentence, or a harsh or strict one. That's their job, after all. To prosecute tax cheats. And of course the defense is going to argue for leniency. It's the judge, and not the lawyers, who will then decide.

[zoeysmom]

We will see. So much of this stuff goes on behind closed doors. Have you ever had any involvement in a criminal trial?

It is an adversarial proceeding and in this particular case there are no other defendants it is really just about Teresa and Joe-there is no opportunity of bigger fish to turn on.  The closed doors are generally the defendant and their attorneys.  The Government has pretty much put their case out there before the Grand Jury.  There is no doubt in my mind there were negotiations-I would think the biggest ones were:  The amount of the restitution/forfeiture, the Government's position on probation and sentencing, Teresa role as mastermind vs. minimal participant and obviously the number of counts. 

 

Because of the nature of the negotiations there are safeguards but into place that statements made during plea negotiations cannot be used against a defendant at trial if a plea agreement cannot be reached or the Court rejects the parties' proposed plea agreement. 

 

 

 

Higgins - it's not a trial anymore. That's over. It's now just sentencing (but I think you know that and misspoke). Teresa pled to four counts, which ended up being one of each overall crime she was charged with. (1) conspiracy to commit mail and wire fraud (2) failure to file taxes (3) concealment BK (4) false statements during BK proceedings. There were 41 counts because several of these applied to each instance.

Are you a Teresa fan? It only matters cause maybe I can get you to order some Fabellini too. They need the money. I hold the line at Milania hair care though.

Essentially, the evidence that is now being presented to the sentencing judge is contained in the Probation Officer's report.  The sentencing judge, per the plea agreement, can  independently weigh evidence.  That can mean anything from reading a letter from a supporter of the Giudices to press reports of Giudice behavior or statements.  What Giudices cannot do per the plea agreement is appeal. 

[LotusFlower]

Higgins - it's not a trial anymore. That's over. It's now just sentencing.

Exactly. There's no more deal-making.. It's over.

[zoeysmom]

Here is Joe's plea agreement: http://www.justice.gov/usao/nj/Press/files/pdffiles/2014/Giudice,%20Giuseppe%20Plea%20Agreement.pdf

[zoeysmom]

Because sentencing is a  ways away and there is certainly no way anyone knows how the sentencing judge is going to rule I think it might be interesting to play sentencing judge and put oneself in her shoes.  According to the plea agreement the judge is not limited to the evidence set forth in the Probation officer Pre-Sentencing Report. 

 

There are two categories;   Factors in Mitigation                                                             Factors in Aggravation

 

Here is a recent story about the Giudice family vacationing last weekend-you be the judge is it: http://www.dailymail.co.uk/tvshowbiz/article-2740196/Teresa-Giudice-shows-bikini-body-joins-husband-Joe-children-beach-getaway-ahead-fraud-hearing.html

 

Mitigation-Loving parents making the best of a bad situation with their family and friends before the kids return to school and Teresa and Joe get sentenced. OR

 

Aggravation- Don't these people ever work, living large in their beach house obtained through fraudulent loans, what is with these kids without sunscreen?

 

Here is another one: http://www.bravotv.com/the-real-housewives-of-new-jersey/season-6/videos/milanias-closet-tour  A little Bravo PR piece about Milania's closet.

 

Mitigation- What a cute kid obviously needs about her mom.

 

Aggravation-What is with the Louis Vuitton handbag-this a woman who said she had $2,000.00 in clothing total to her name under penalty of perjury-was the kid hiding the goods?

 

Or maybe:  http://www.nj.com/entertainment/index.ssf/2014/03/teresa_giudice_cash_only_book_signing.html

 

Mitigation:

 

Aggravation: 

 

You be the judge!!!

[Jennifersdc]

zoeysmom - is all garnishment only for the forfeiture/fines and not the creditors? With the exception for the IRS.

Since I didn't know the particulars and was only thinking about the BK (the not a lawyer thing), I was perplexed about getting a judgement from a criminal court to pay off the BK debts (if you give credit you're somewhat responsible too). One of my best friends had to go to court to get garnishment for child support payments (shameful), but I didn't know that a criminal court judge cared about the infinitesimal addition to the Wells Fargo cash flow.

[Rhetorica]

Because sentencing is a ways away and there is certainly no way anyone knows how the sentencing judge is going to rule I think it might be interesting to play sentencing judge and put oneself in her shoes. According to the plea agreement the judge is not limited to the evidence set forth in the Probation officer Pre-Sentencing Report.

There are two categories; Factors in Mitigation Factors in Aggravation

Here is a recent story about the Giudice family vacationing last weekend-you be the judge is it: http://www.dailymail.co.uk/tvshowbiz/article-2740196/Teresa-Giudice-shows-bikini-body-joins-husband-Joe-children-beach-getaway-ahead-fraud-hearing.html

Mitigation-Loving parents making the best of a bad situation with their family and friends before the kids return to school and Teresa and Joe get sentenced. OR

Aggravation- Don't these people ever work, living large in their beach house obtained through fraudulent loans, what is with these kids without sunscreen?

Here is another one: http://www.bravotv.com/the-real-housewives-of-new-jersey/season-6/videos/milanias-closet-tour A little Bravo PR piece about Milania's closet.

Mitigation- What a cute kid obviously needs about her mom.

Aggravation-What is with the Louis Vuitton handbag-this a woman who said she had $2,000.00 in clothing total to her name under penalty of perjury-was the kid hiding the goods?

Or maybe: http://www.nj.com/entertainment/index.ssf/2014/03/teresa_giudice_cash_only_book_signing.html

Mitigation:

Aggravation:

You be the judge!!!

First of all, thanks to everyone for clarifying without speculation. That certainly helps this lay person.

So zoeysmom, "According to the plea agreement the judge is not limited to the evidence set forth in the Probation officer Pre-Sentencing Report." means the judge can literally find evidence wherever she sees fit? 

I'll play along. I think it's all Aggravation - it's certainly aggravating to me. 

[LotusFlower]

Or maybe:  http://www.nj.com/entertainment/index.ssf/2014/03/teresa_giudice_cash_only_book_signing.html

 

Mitigation:

 

Aggravation: 

 

You be the judge!!!

Ok, I'll play.

Mitigation: Those hair extensions ain't cheap. Girl's gotta make a living.

Aggravation: One of the fans at the book signing was an undercover IRS agent. Teresa said "Cash only. No receipt." Busted!

[LotusFlower]

So zoeysmom, "According to the plea agreement the judge is not limited to the evidence set forth in the Probation officer Pre-Sentencing Report." means the judge can literally find evidence wherever she sees fit? 

Sort of, but I read it more as the judge has sole discretion. She can weigh evidence A more heavily over evidence B, or attach greater seriousness to evidence C (ie. impose the maximum sentence), and even dismiss entirely evidence D.

[zoeysmom]

zoeysmom - is all garnishment only for the forfeiture/fines and not the creditors? With the exception for the IRS.

Since I didn't know the particulars and was only thinking about the BK (the not a lawyer thing), I was perplexed about getting a judgement from a criminal court to pay off the BK debts (if you give credit you're somewhat responsible too). One of my best friends had to go to court to get garnishment for child support payments (shameful), but I didn't know that a criminal court judge cared about the infinitesimal addition to the Wells Fargo cash flow.

Forfeiture money is designed to go into a fund and repay the victims of the crime.  Then there is fine  money and the IRS is a separate deal.  When you are sentenced-even if you get time you agree to obey all laws and one of the conditions of her sentence is she pay or work out a payment plan with the IRS.  Here is the Government's statement from the day of the plea deal- United States Attorney Fishman touches on the levels of fraud and who is hurt. http://www.justice.gov/usao/nj/Press/files/Giudice,%20Giuseppe%20and%20Teresa%20Pleas%20PR.html  Say I am ABC Tile company and Joe and Teresa stiffed me for $4,000.00, hopefully I have gone to civil Court to get a judgment against them and filed a lien on their real property and filed a claim with the Government for Forfeiture money. It might take 10 years but I may get some money back from the forfeiture fund. Some "victims" are limited by statute.

 

It is my understanding child and family support obligations are preferential and come before court fines and forfeiture.

First of all, thanks to everyone for clarifying without speculation. That certainly helps this lay person.

So zoeysmom, "According to the plea agreement the judge is not limited to the evidence set forth in the Probation officer Pre-Sentencing Report." means the judge can literally find evidence wherever she sees fit? 

I'll play along. I think it's all Aggravation - it's certainly aggravating to me. 

I don't think the judge is going to look to the Bravo files but technically if it is public she could.  Example if Teresa is shown arriving at a benefit and flashes a 10 carat diamond ring-the judge could take note and ask where the ring is now?  That has happened many a time with a defendant in court.

 

My point is for every situation one can almost always argue both sides.

[Jennifersdc]

I want to play too - Mitigation vs Aggravation. Don't think I can beat LotusFlower though (where's bosawks when you need him). This is like VP one-liner fun.

Mitigation - I would do a fake-eyelash joke, but hair extensions got there first. But here I go.

Mitigation - need someone to watch the chicken coop

Aggravation - Juicy and Teresa filming the pizza parlor and apartments above that they neglected to include in the BK petition.

[zoeysmom]

Here is one the ever caring friend Teresa calling her good elderly friend Caroline "blubber, blubber, blubber." http://www.bravotv.com/the-real-housewives-of-new-jersey/season-4/videos/blubber-blubber-and-blubber

 

Mitigation - That Teresa always concerned for the elderly and those who struggle with their weight.  Here is her blog to prove it.  http://www.bravotv.com/the-real-housewives-of-new-jersey/season-4/blogs/teresa-giudice/napalm-blubber-and-laurens-lap-band

 

Aggravation- 

[LotusFlower]

I like the chicken coop idea. But I think the game calls for using it in relation to evidence in the case. So....

Mitigation: The eggs feed my four daughters, Your Honor.

Aggravation: Except that's now moot, as the dogs ate the chickens. Oops!

[zoeysmom]

I want to play too - Mitigation vs Aggravation. Don't think I can beat LotusFlower though (where's bosawks when you need him). This is like VP one-liner fun.

Mitigation - I would do a fake-eyelash joke, but hair extensions got there first. But here I go.

Mitigation - need someone to watch the chicken coop

Aggravation - Juicy and Teresa filming the pizza parlor and apartments above that they neglected to include in the BK petition.

Aggravating the aggravating is what Joe did by almost killing the tenants: http://7online.com/archive/8566816/ Edited September 12, 2014 by Lisin
removed superfluous quote :)

[LotusFlower]

Here is one the ever caring friend Teresa calling her good elderly friend Caroline "blubber, blubber, blubber." http://www.bravotv.com/the-real-housewives-of-new-jersey/season-4/videos/blubber-blubber-and-blubber

Mitigation: This shows I can count to three, Your Honor. I'm good at math, which will help me run my businesses, if you let me skate.

Aggravation: Well, yes, I do look like a Christmas tree, which I realize is offensive to the Court, which is supposed to be non-denominational.

Edited September 12, 2014 by LotusFlower

[Jennifersdc]

I think I'm done for now, as I can't think of anything to top the dogs eating the chickens. And the non-denominational comment kinda topped it off. I'll think about it overnight. Aggravating though maybe possibly be something about screeching and Chanel.

[LotusFlower]

I think I'm done for now, as I can't think of anything to top the dogs eating the chickens. And the non-denominational comment kinda topped it off. I'll think about it overnight. Aggravating though maybe possibly be something about screeching and Chanel.

Wow - I'm flattered! You know I'm not bosawks, right? Yes, pls. come back tomorrow. Teresa has given us so much material to work with over the years...

[zoeysmom]

I think I'm done for now, as I can't think of anything to top the dogs eating the chickens. And the non-denominational comment kinda topped it off. I'll think about it overnight. Aggravating though maybe possibly be something about screeching and Chanel.

It is pretty hard to top the fresh chicken dinner for the dogs-thanks Lotus.

 

I am thinking Joe's four arrests since he has been on the show.  He might lead all the husbands in all the franchises. 

[Rhetorica]

Teresa's boob job.

Mitigation: I'm a star your honor and need to look my best on national tv and I need the money for restitution. 

Aggravation: Plus they're a tax write-off and we're gonna take it just as soon as we file 2008 tax returns. 

[LotusFlower]

I am thinking Joe's four arrests since he has been on the show.  He might lead all the husbands in all the franchises.

Do any of you watch Teen Mom? A very lively board! My favorite comment was when the discussion revolved around Janelle, a teen mom who is a mess, and is constantly in trouble with the law. She was in a meeting with her lawyer in one episode, and someone remarked how it wasn't the lawyer we've all come to know from her years of getting arrested, to which someone else replied: This is her South Carolina lawyer, not to be confused with her North Carolina lawyer! (The laws are apparently different crossing state lines).

Oh, these reality stars! Apparently, Apollo (from RHOA) posted a video to his "fans" a mere minute before he entered the penitentiary for an eight year sentence, telling them they'll hear from him soon.

[grittykitty]

Mitigation: The eggs feed my four daughters, Your Honor.

 

Yes, but you have to say "four beautiful daughters".

Y'know, 'cause that means you couldn't possibly be guilty if you have four beautiful daughters.

[Baltimore Betty]

A slide show of house picture: https://homes.yahoo.com/photos/photos-teresa-and-joe-giudice-s-real-housewives-mansion-slideshow/

I can't see this house being an easy sell. I guess three's someone who will buy it....................if they lower the price ! What will Teresa and Joe actually see out of the sale, though?

Holy crap, did I see a porta cochere????

[technorebel]

Holy crap, did I see a porta cochere????

 

Yes, indeed.  I think we know a couple in Orange County that would go for that.  I could never handle that house.  All that marble to polish and chandeliers to dust.

[Baltimore Betty]

Yes, indeed.  I think we know a couple in Orange County that would go for that.  I could never handle that house.  All that marble to polish and chandeliers to dust.

The acres of marble and yards of crystals that are in Tre's house is a bit much, have we ever seen a cleaning crew or maid?  I wonder if they stripped that house of the brass, chandeliers and marble etc...it would be worth more in pieces than selling whole? LOL.

 

[Bossa Nova]

Holy crap, did I see a porta cochere????

 

 

I am glad you brought that up. This has been bothering me since the start of this season:

 

The exterior shots that the show is using of Tre and Juicys house this season shows the house with the porta chere.

 

It is new !

 

I swear that thing was added on to the house since the last season or so. Point being, the thing most certainly was built since the indictment and the bankrupty So where the frig did they get the money for that. Moreover, what frigging audacity! 

 

Anybody else notice this and the timeline of that addition onto the house?

Edited September 12, 2014 by Bossa Nova

[Jennifersdc]

The porta cochere was always my husband's favorite. Not sure when it was added, but hubby's been pointing it out for at least a year. I'm not sure which is funnier, how out of proportion it is to the rest of house or that it doesn't seem to have an entrance to the house either. It looks like there's a retaining wall blocking the way.

[Higgins]

Higgins - it's not a trial anymore. That's over. It's now just sentencing (but I think you know that and misspoke). Teresa pled to four counts, which ended up being one of each overall crime she was charged with. (1) conspiracy to commit mail and wire fraud (2) failure to file taxes (3) concealment BK (4) false statements during BK proceedings. There were 41 counts because several of these applied to each instance.

Are you a Teresa fan? It only matters cause maybe I can get you to order some Fabellini too. They need the money. I hold the line at Milania hair care though.

Not at all, I would b happy if she were to get the maximum but, just because I want something to happen doesn't mean it will. I worked for a defense attorney for 5 years when I was in my early 20s and my experience tells me that Joe will get the brunt of the sentence. Your quote from the court documents could go either way couldn't it? Teresa will not serve years in prison that is what I believe. We will soon know. If you don't think that pleading guilty works to minimize your sentence even for what you are agree you are guilty of, you are dead wrong.

[technorebel]

I don't know anything about legal matters, but I thought pleading guilty was something you do in order to get a lesser sentence.  Otherwise, what is the advantage of doing it?

[AuntieDiane6]

 

In fact, that tells me they are going to ask for the maximum sentence, or a harsh or strict one. That's their job, after all. To prosecute tax cheats. And of course the defense is going to argue for leniency. It's the judge, and not the lawyers, who will then decide.

 

Well, that's what I thought when Apollo Nida was sentenced.  Eight years, but also drug rehab?  According to posters there, that means he gets YEARS loped off his sentence and gets to spend part of the time in a halfway house with an ankle bracelet.  Wow.  Really "throwing the book" at him for his crimes.  Teresa will get probation and Joe will get 5 with time off for "good behavior."  He'll be home in 18 months.  Mark my words.

[njbchlover]

The porta cochere was always my husband's favorite. Not sure when it was added, but hubby's been pointing it out for at least a year. I'm not sure which is funnier, how out of proportion it is to the rest of house or that it doesn't seem to have an entrance to the house either. It looks like there's a retaining wall blocking the way.

 

So, "porte cochere" is just a fancy carport??  I always thought it should be in the front of the house.  Wasn't that the way it was back in the day, so that people getting out of horse-driven carraiges could get to the front door without getting rained on? 

Don't they have an attached garage with an entrance to the house?

[zoeysmom]

Not at all, I would b happy if she were to get the maximum but, just because I want something to happen doesn't mean it will. I worked for a defense attorney for 5 years when I was in my early 20s and my experience tells me that Joe will get the brunt of the sentence. Your quote from the court documents could go either way couldn't it? Teresa will not serve years in prison that is what I believe. We will soon know. If you don't think that pleading guilty works to minimize your sentence even for what you are agree you are guilty of, you are dead wrong.

When they are racking up the points for your level at time of sentencing one of the things that gives you a downward departure is pleading guilty or assuming responsibility for the crime or crimes committed.  So pleading guilty would be a mitigating factor in the Joe/Teresa case. 

[jaync]

I swear that thing was added on to the house since the last season or so.

That's probably what Juicy was shown working on a season or two ago, but the Giudices were trying to pass it off as an addition for Teresa's parents. But hey, why set up college funds for your children when you can have a fancy covered driveway instead?

 

Teresa will get probation and Joe will get 5 with time off for "good behavior."  He'll be home in 18 months.

No way, not in the federal system.

[becauseIsaidso]

In my totally uneducated (legal profession-wise) opinion, if Teresa were to get 5 years for the crimes she copped a plea to it would still be one helluva reduction over what she could have be hit with if she had chosen to go to trial for ALL the charges against her. This was not a one time thing - it was perpetrated over several years, involving more than one tax return, more than one W2, more than one fraudulently obtained loan. And I'm sorry the big shots in the mortgage lending industry didn't get stuffed into a cell with the key thrown away as they deserved, but to me that doesn't mean Juicy and Tre should be given a pass for what they did. I'm just sick and tired of having the sentencing delayed again and again and again. As one high school teacher used to say (learned no doubt from another source) - repetition serves two purposes - the first is to impress, the second is to annoy. I don't think anyone in the legal system (other than the joodeechays and their mouthpieces) are at all impressed with the continual delays of justice being served.

[LotusFlower]

When they are racking up the points for your level at time of sentencing one of the things that gives you a downward departure is pleading guilty or assuming responsibility for the crime or crimes committed.  So pleading guilty would be a mitigating factor in the Joe/Teresa case.

Yes, but the key part is accepting responsibility, something we've never seen Teresa do. She needs to stand in front of the judge and spell out everything she did, crime after crime. With no mention of her "four beautiful daughters." It will be excruciating for her.

[LotusFlower]

Well, that's what I thought when Apollo Nida was sentenced. Eight years, but also drug rehab? According to posters there, that means he gets YEARS loped off his sentence and gets to spend part of the time in a halfway house with an ankle bracelet. Wow. Really "throwing the book" at him for his crimes. Teresa will get probation and Joe will get 5 with time off for "good behavior." He'll be home in 18 months. Mark my words.

Joe can't get 5 years, as he only faces a maximum of 46 months (well, the judge can give him anything she wants, but that's irregular and unlikely). And Teresa is only charged with one less offense than Joe (4 vs. 5), but you think she'll get off with probation, but not him? Why?

It feels like Teresa's spin strategy is working - blame Joe, deny culpability.

Edited September 12, 2014 by LotusFlower

[Higgins]

I think Joe will serve several years and will get whatever the feds allow for good time served. Teresa will either get probation or a relatively short sentence compared to the penalty of which she could be sentenced to. No way she serves years. I still believe she gets probation although a female judge could be tougher IMO.

[LotusFlower]

Teresa will either get probation or a relatively short sentence compared to the penalty of which she could be sentenced to. No way she serves years.

But she only faces 21 to 27 months. That's just 2+ years max.

[Higgins]

But she only faces 21 to 27 months. That's just 2+ years max.

Yeah, two which is what she is up for. It's not going to happen. Joe probably will get two years.

Edited September 12, 2014 by Higgins

[LotusFlower]

Yeah, two which is what she is up for. It's not going to happen.

Why? Why will Teresa get probation, but Joe will get time? I'm curious as to people's reasoning on this.

[zoeysmom]

Yes, but the key part is accepting responsibility, something we've never seen Teresa do. She needs to stand in front of the judge and spell out everything she did, crime after crime. With no mention of her "four beautiful daughters." It will be excruciating for her.

I so agree all I have heard is "a series of mistakes" so insulting.  I am thinking Joe and Teresa or both said something stupid when they did their pre-sentencing interview with the probation officer. 

 

In case anyone is interested here is a pretty good article on the pre-sentencing phase of a federal case and some other stuff.  http://www.hbslawfirm.com/articles_display.php?id=5

[Rhetorica]

As soon as my head clears from the concussion, I'm going through the comments and set up a sentencing pool from the predictions. Then everyone can select one for Teresa and one for Joe. Course betting across state lines may be illegal so we'll just go for bragging rights. 

[Higgins]

Joe has priors, Teresa doesn't. Joe pled guilty to more counts. I would suspect that they will try to sell it that he was the mastermind and she merely went along with it.

[LotusFlower]

Joe pled guilty to 5 charges, Teresa to 4. If you read the plea agreements, you'll see they're virtually the same, save the extra charge for Joe - failure to file tax returns. Joe's offense level is 21, Teresa's is 16 - that's why Joe is facing more time. You'll also notice in the plea agreement that all parties agreed to these offense numbers (which the judge uses to determine sentencing).

The ONLY difference is this -- Teresa reserved the right to argue for a downward departure (of 2 points) under a Family Responsibilty provision. This is why Teresa and her lawyer have been publicly saying they're going to ask for house arrest or probation only. But I see this as a long shot. First off, the Gov. reserved the right to challenge it. Secondly, as we all know, Teresa and Joe have a huge extended family, so she can't argue that she, and she alone, is desperately needed. The qualifications to meet this provision are very strict and very difficult - she won't be able to meet it.

Lastly, there won't be any talk of "Joe was the mastermind" or "I only signed what was put in front of me." If Teresa tries this, she undermines the whole plea deal, one that includes many stipulations, including admitting her guilt and accepting responsibility for the charges to which she pled guilty. She not only had to agree to this in the signed plea deal, but to then do so in front of the judge at sentencing. Again, denying or diminishing her role in the crimes is contrary to what she agreed to, and would work against her, not in her favor.

[Higgins]

We'll have to wait and see.

[LotusFlower]

We'll have to wait and see.

Or, we could read the plea agreements.

[technorebel]

I don't see how she could claim Joe was the mastermind and she just innocently signed forms.  This involved fake W-2s and her claims of being an executive assistant or a realtor with an income of $15,000 per month on loan documents with her signature.  Unless she tries to claim Joe forged her signature or something, she is caught in her own lies.

 

I don't know how much of a sentence she'll get.  That chick on Mob Wives that helped her husband embezzle Union funds only got four years probation and no jail time.  And the Feds had her on wiretap.

Edited September 13, 2014 by technorebel

[Jennifersdc]

Higgins - yes, that's what I thought I said. By taking a plea they will likely get a lesser sentence for each count then if they took those same 4 counts (Teresa) to trial and were found guilty. That's why they pled (not to mention those other pesky 25+ counts). I didn't think it was ever going to trial.

We're all agreeing to disagree about the actual sentence. I agree that Teresa's convictions (soon to be) are mainly based on her individual crimes. They did both plea to the first count of the indictment - overall conspiracy to commit bank and wire fraud (a real doozy). Maybe in that case she had a "conspirator" to argue relative responsibility. But Joe and her both had several sole charges in the indictment on that one.

I just can't get past her BK concealment and perjury pleas. She tried to hide all of her earnings related to RHNJ ($150K+ bank account, non-executed book contract and executed contract documenting her hefty salary increase). Then she lied about it and lied about it some more. By this point, I have to assume that it was explained to her (possibly slowly) what the penalty of perjury was. Not just footnotes at the bottom of a page in a loan document.

Sorry long - really wanted to get back to Mitigation vs Aggravation. Higgins - you seem clever, want to join. You're obviously not getting Fabellini with me.

Edited September 13, 2014 by Jennifersdc

[zoeysmom]

This has always been my issue-Tresa saying-"I knew nothing", but several of the properties were in her name only.  Sounds like she knew a little something.  Oh my out beach house is in my name only. . . how did that happen? 

[gretchenfetchen]

In Teresa's plea agreement there is a section which discusses sentencing . " This office can not and does not make any representation or promise as to what guideline range may be found by the sentencing Judge, or as to what sentence Teresa. Giudice will ultimately receive."

Edited September 13, 2014 by gretchenfetchen