Free Sentencing Memorandum - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona Richard I. Mesh Assistant U.S. Attorney Arizona State Bar No. 02716 Two Renaissance Squares 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America CR-04-0276-01-PHX-SMM Plaintiff, v. Robert C. Hazlett, Defendants. The United States of America through its undersigned attorneys, hereby respectfully recommends that the Defendant Robert C. Hazlett be sentenced to prison for the term of 42 months, representing the mid-range of incarceration for a level 21 offense under the United States Sentencing Guidelines. The Government further recommends that the fine be waived based upon the defendant's inability to pay such a fine and further that the restitution should take precedence in this case. This recommendation takes into account that the defendant is being punished for his supervisory role in this conspiracy, the illegal substantial economic benefit he derived from participation in this offense, and the magnitude of this offense both as to the number of fraudulent loans processed under his supervision and the dollar value of those loans. Even though the former student borrows are still responsible for the repayment of the fraudulently obtained loans, some of them will never be paid off due to illness, death, and incapacity. Defendant should be held accountable along with his codefendants for restitution to the SunTrust Bank and the government in an amount to be determined as a result of a restitution hearing. GOVERNMENT'S SENTENCING RECOMMENDATION

Case 2:04-cr-00276-SMM

Document 248

Filed 05/11/2006

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This recommendation also takes into account that the defendant was the architect of his own misfortune by engaging in obstruction of justice. This conduct consisted of the creation and introduction of false evidence in the form of alleged letters to his employees in support of his feigned claim of innocence. It is submitted to the Court that pursuant to Title 18, U.S.C. § 3553(a), Factors to be considered in imposing a sentence, a 42 month sentence is sufficient but not greater than necessary to comply with the purposes to be considered in imposing a sentence. This sentence provides just punishment for the offense and will serve as a deterrent to other unethical businessmen who seek to profit through fraudulent practices and deceit that leave their victims exposed to substantial financial losses. The nature and circumstances of the defendant's criminal course of conduct was attested to by the testimony of his former employees, some of whom were his codefendants and others who were not a part of the conspiracy. The defendant not only cut corners in regard to the minimum qualifications necessary to "push through" to the SunTrust Bank fraudulent documentation, but he also victimized many of the former defaulting student borrowers by saddling them with much larger loans that included his company's commissions. The purpose of the six payment rule was to insure that these previously defaulting borrowers would have realistic chance of meeting their new enhanced financial obligation. Defendant, it appears from the testimony, was less concerned for the welfare of the borrowers than he was for his own economic benefit. The government acknowledges that the defendant has no other criminal history and that the defendant is not in need of educational or vocational training. Nevertheless, in order to protect the public from the potential of further similar crimes that might be committed by the defendant, it is submitted to the Court that a period of incarceration will provide the negative reinforcement to insure that the defendant never again takes advantage of fraudulent practices as a means of providing himself with unjust enrichment.

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Case 2:04-cr-00276-SMM

Document 248

Filed 05/11/2006

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On the basis of all the foregoing, it is respectfully requested that the court impose a 42 month sentence of incarceration for the crime, Conspiracy to Commit to Bank Fraud. Respectfully submitted this11th day of May, 2006. PAUL K. CHARLTON United States Attorney Districts of Arizona S/Richard I. Mesh Richard I. Mesh Assistant U.S. Attorney
I hereby certify that on May 11 th , 2006, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrant(s): Honorable Stephen M. McNamee United States District Judge Booker T. Evans, Jr. Attorney at Law Greenberg Traurig, LLP 2375 E. Camelback Rd., Suite 700 Phoenix, AZ 85012 Attorney for Defendant Hazlett Shawn T. Shear Senior U.S. Probation Officer 401 W . W ashington Street, Suite 160 Phoenix, AZ 85003 S/Richard I. Mesh

Case 2:04-cr-00276-SMM

Document 248

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Filed 05/11/2006

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