Prison officials have told former WorldCom Inc. chief Bernard Ebbers that he must serve his 25-year sentence at a medium-security prison in Louisiana — not the low security facility near his Mississippi home he had requested, according to court papers.
“It is virtually unprecedented for a first time, white collar offender like Mr. Ebbers to be required to serve his sentence in a medium security facility,” defense lawyers said in a memo earlier this week asking the judge to grant Ebbers bail pending the outcome of his appeal.
Ebbers, 63, has been ordered to report to prison on Oct. 12. He was convicted in March of nine counts of conspiracy, securities fraud and filing false statements stemming from the $11 billion accounting scandal at WorldCom.
The former telecommunications chief executive says he is innocent and will appeal his convictions. His 25-year prison sentence is one of the harshest ever issued to a white-collar defendant in recent memory.
At Ebbers’ sentencing hearing last month, Manhattan federal judge Barbara Jones recommended that the federal Bureau of Prisons -- which makes prison assignments -- designate Ebbers to a minimum-security facility in Yazoo City, Mississippi.
Low-security prisons are designed for non-violent offenders. They often resemble college dormitories, and typically do not have barbed wire or guard towers.
In the court papers, Ebbers’ lawyers said their client was notified by the prisons bureau on Aug. 11 that he would be sent to a medium-security facility in Oakdale, Louisiana, nearly 200 miles from his Mississippi home.
His lawyers said that if the judge believes there is even ”a slight chance” that Ebbers will get his convictions overturned or be granted a new trial on appeal, “we respectfully urge the court to grant bail pending appeal to prevent the injustice of Mr. Ebbers having to serve any time in the harsh conditions of a medium security facility.”
Prosecutors have opposed Ebbers’ request for bail while on appeal, saying he has little chance of overturning his convictions.
Ebbers’ lawyers say he has a strong case on appeal. They contend the jury that convicted him received flawed instructions and that the court should have granted immunity to three prospective defense witnesses.
Defense lawyers also noted that in another high-profile business fraud case, another Manhattan federal judge has allowed Adelphia Communications Corp. founder John Rigas and his son Timothy to stay out of prison while they appeal their convictions.
Judge Jones has not said when she expects to rule on Ebbers’ bail motion.