Blog

Popular Grammy Award Winner Battling Life Imprisonment After Federal Conviction

Claiming he betrayed his country for money, federal prosecutors are asking that a sentence of life imprisonment be imposed on Prakazrel “Pras” Michel, a founding member of the Grammy Award-winning hip-hop group, the Fugees. The renowned rapper frowns at the prospect of spending the rest of his life behind bars, calling the government’s proposed life sentence “absurd” and “eye-watering”. In his opposing Sentencing Memorandum, he tells the federal judge who will sentence him, he is no Bernie Madoff.

Michel has spent most of his life rapping his way into the hearts and admiration of scores of fans with infectious beats and tantalizing lyrics. His success with the Fugees and as a solo artist, is immense but a jury has brought him to his knees, finding him guilty of schemes tied to Malaysian financier Jho Low.

Prosecutors accused Michel of illegally funneling millions of dollars from Low into former President Barack Obama’s 2012 reelection campaign and later lobbying the Trump administration on behalf of China, without registering as a foreign agent. Michel allegedly made roughly $100 million from his partnership with Low from June 2012 to January 2018, prosecutors say. However, he is arguing that he is convicted of victimless crimes.

Legal Standards/Rules

Michel and federal prosecutors are worlds apart on what should be an appropriate sentence for the offenses he is convicted of. Michel contends that he ought to serve about three years in prison while prosecutors contend that he belongs behind bars for the rest of his life.

Federal sentencing guidelines require that district courts determine a sentence that is sufficient, but not greater than necessary to achieve the purposes of retribution, deterrence, incapacity, and rehabilitation. Judges must use the advisory Guidelines as a meaningful benchmark throughout the sentencing process. The issue therefore is whether the sentence proposed by the government is “sufficient and not greater than necessary” to achieve sentencing purposes.

To satisfy its burden, the government is applying the fraud-loss guidelines, which under the United States Sentencing Guidelines is concerned with loss caused by fraudulent activities. It is used to enhance the severity of punishment for a person convicted of fraud. Prosecutors are also contending that sentences for a dozen offenses Michel is convicted of, should run consecutively. However, #PrasMichel is contending that no fraud was committed and no loss suffered.

Victimless Crime or Betrayed Countries for Money?

“No one was deprived of any money or property. The banks did not lose money. The U.S. Government did not lose money. No one was actually harmed,” Michel said in an attempt to rebuff prosecutors’ application of the fraud-loss guidelines to his crimes.

However, federal prosecutors are charging that the United States government was Michel’s victim. Moreover, they contend that through his crimes, Michel has seriously harmed the United States. “He and his co-conspirators targeted the highest levels of American government”, prosecutors contend.

Michel is arguing that the government’s proposed life sentence is typically reserved for terrorists and heads of drug cartels. The definition of “victim” under the Sentencing Guidelines requires actual pecuniary harm. If no such harm occurred, the fraud-loss guidelines may not be applicable. Additionally, previous cases have shown that adjustments were denied when no injury or loss was suffered by the victims.

Whether a sentence of three year or life imprisonment adequately reflects the seriousness of the offenses Michel has been convicted is now up to a federal judge to decide. Though the Sentencing Guidelines will be considered, the judge is not bound by it.