United States v. Bernard Ebbers

NOTICE TO FORMER WORLDCOM INVESTORS

Title 18, United States Code, Section 3771(a) sets forth certain rights for crime victims and establishes certain requirements concerning victim notification by the Government.  Among other rights, Section 3771(a) provides the following rights for crime victims:

1. The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused.
2. The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding.

On July 13, 2005, defendant Bernard J. Ebbers was sentenced to a term of imprisonment of 25 years.  Ebbers began to serve this term of imprisonment on September 26, 2006.  Assuming credit for good conduct while incarcerated, Ebbers has an anticipated release date of approximately July 4, 2028. 

On September 5, 2019, Ebbers filed a motion with the Court for a sentencing reduction pursuant to 18 U.S.C. § 3582 and the First Step Act.  The motion, which seeks Ebbers’ immediate release from prison, is based on Ebbers’ numerous medical conditions and his advanced age.  The Government has opposed Ebbers’ motion. Below are links to copies of the briefs relating to Ebbers’ motion for a sentence reduction.

• 2019.09.05 Defendant's Motion to Reduce Sentence
• 2019.09.30 Defendant's Notice of Filing a Supplemental Exhibit
• 2019.10.04 Government's Reponse in Opposition
• 2019.10.11 Defendant's Reply to the Response
• 2019.10.23 Government's Letter Reponse
• 2019.10.25 Defendant's Reply to the Response
• 2019.10.29 Defendant's Motion to Expedite Determination

Victims of Ebbers’ crimes who wished to provide their views to the presiding United States District Judge in this matter, the Honorable Valerie E. Caproni, with respect to Ebbers’ motion for a sentence reduction had the opportunity to do so.  Any correspondence from victims was due to the Victim/Witness coordinator for the U.S. Attorney’s Office for the Southern District of New York (the “Office”) by November 14, 2019, which in turn was due to be passed onto the Court by November 15, 2019.  

UPDATE

Oral argument on Ebber's motion has been set for December 18, 2019, at 2:00p.m., and will be held at 500 Pearl Street, Court 15C.