Rigases win reductions in their prison sentences
Father, son each lose three years on terms
WASHINGTON — John and Timothy Rigas plan to appeal after a judge on Wednesday reduced their prison sentences, but only by three years each.
U. S. District Court Judge Leonard B. Sand trimmed the sentence of John Rigas, the 83-year-old founder of Adelphia Timothy Rigas, left, was sentenced to 20 years. His father, Adelphia Communications founder John Rigas, was sentenced to 15 years. Communications Corp. and former Buffalo Sabres owner, from 15 years to 12 years. Sand reduced the sentence of John Rigas’ son Timothy from 20 years to 17 years.
“We believe that Judge Sand’s interpretation of both the facts and the key legal issues in the case is incorrect,” said James Rigas, another of John Rigas’ sons. “Our lawyers are confident that we have established an excellent record upon which to challenge his opinions on sentencing and other matters.”
The family is ready to move ahead with appeals to the Second Circuit Court of Appeals, James Rigas said.
Sand had to resentence the Rigases because the appeals court reversed one count of their 18-count conviction on conspiracy and fraud charges. John and Timothy Rigas were convicted in 2004, as a jury found them guilty of doctoring Adelphia’s books and hiding billions of dollars in debt that the company might have to pay back.
The Rigases asked Sand to resentence them not just on the basis of the dropped count, but also in light of evidence that has surfaced since the trial.
Both in the resentencing and in appeals, the Rigases argued that the key government witness in the trial, former Adelphia executive James Brown, contradicted his testimony in other court proceedings.
But Sand rejected that notion out of hand.
“We find no basis for a reduction of sentence which is broader than the relatively minor adjustment occasioned by the reversal of Count 23,” he wrote. “Indeed, we find that the sentence previously imposed was fully justified under all of the circumstances.”
In response, Michael Rigas, another of John Rigas’ sons, said Sand’s three-year reduction of the sentences was grossly off target.
“These sentences might be appropriate for murderers, rapists or terrorists, but not for businessmen who thought they were entering into legitimate business transactions in good faith reliance on seasoned professionals,” he said.
The Rigases contend the original sentences, which Sand imposed in 2005, reflect a hysteria over corporate crime stemming from the Enron scandal.
Sand rejected that argument, saying it “ignores the fact that a conscientious jury after four months of trial acquitted one defendant on all counts and Michael Rigas on the conspiracy count. The strength of the government’s case, not any overreaction to events elsewhere, explain the guilty verdicts and this court’s prior sentences.”
Adelphia was the country’s fifth-largest cable television company before it collapse in 2002 after revealing its off-balance- sheet debt. Comcast Corp. in Philadelphia and Time Warner Cable have since bought Adelphia’s cable assets.
Michael Rigas said the modest trimming of the sentences was “not unexpected,” but added: “We think the opinion left us open for a strong appeal, which we intend to make.”
