Compare Sentences for White Collar Crime With Nonviolent Drug Offenders

By · Wednesday, March 4th, 2009

Disparity in sentencing laws has been a topic in the news for years. Such discussions usually revolve around arguments comparing sentences for those who sold crack cocaine with sentences for those who sold powder cocaine. I’m all for expanding the argument and comparisons.

As a long-term prisoner who has been locked in federal prison since 1987, I think the time has come to look at other disparities. Specifically, I find it patently offensive that nonviolent offenders who sold drugs to consenting adults serve sentences that are many times longer than white collar criminals who schemed to enrich themselves at the expense of others.

This morning I had breakfast in Taft’s minimum-security prison camp with an unrepentant laissez faire capitalist. He was arguing over the virtues of Ayn Rand’s economic prescience. My breakfast  companion was a firm believer in deregulation. He held an undergraduate degree from UCLA and a business degree from Stanford. He had taken over a manufacturing plant that his father and grandfather had run before him. To cut costs, he moved operations to Mexico where labor costs were cheaper; deregulatory laws under the Bush administration enabled him to raid the corporate pension funds. Yet his decision to file tax returns that under-reported his income by millions exposed him to four years in prison. He was adamant, however, that his sentences represented an egregious abuse of Justice.

Meanwhile, I serve time in a cubicle with David. David has served four years of a fifteen-year term for selling cocaine. David’s family did not own a manufacturing plant, and he was not encouraged to attend privileged universities. His parents were immigrants from the poorest section of Mexico and they entered the country without proper documentation. He was born in an enclave of Orange County where English seemed like a foreign language.

David’s parents smuggled drugs to support the family. By the time he had turned 13, he too had participated in illicit drug transactions. He dropped out of school in the ninth grade, and brought two children into the world out of wedlock. With David’s imprisonment, which began when he was 24, they continue a cycle of difficulty and struggle.

Since David’s imprisonment, he has studied diligently. Despite being born in America, he has had to learn proper English as if he were a foreigner. Yet he persists rather than whines. During his four years of imprisonment, David has earned his GED and he now works through independent study toward a college degree. He aspires to leave prison as a tax-paying American who can reach the middle class. I wrote more about David in the article My Roommate at Taft Camp.

There is a sour irony in America’s system of justice. Those born with the highest privileges can break laws that rape millions from ordinary workers and evade taxes. If convicted, they serve sentences that dwarf those of poor people who sold drugs to consenting adults in order to earn enough money to eat.

As a man who has been in prison since 1987, I oppose long-term imprisonment for all nonviolent offenders. I am convinced that we need to reform sentencing laws and to reform prison policies that lock so many Americans in cages. These ridiculous devotions to the expansion of our prison nation breed unfairness. The sentences that nonviolent white collar criminals serve make an excellent argument that nonviolent drug offenders are deserving of relief.

As a man who has served more than 21 years in prison of every security level, I am hopeful for prison reforms now. Perhaps white collar offenders will help advance the argument.

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5 Responses to “Compare Sentences for White Collar Crime With Nonviolent Drug Offenders”

  1. Ralph Villejo says:

    Mr. Santos,

    I am a student at Cal State University Long Beach. I have a lot of comments and questions that pertain to this post: What do you believe is the most effective form of deterrence for people that perform white-collar crimes? I believe that the punishments for white-collar crimes are so light that people see it as a little consequence for the millions of dollars that they could possibly get away with. Another question is that do you believe that since these people are educated and well informed that they should be held at a higher standard and be given harsher punishments compared to street level criminals selling drugs trying to make ends meat? Is there certain treatment you believe that these white-collar criminals get in prison that is different than those of street level crimes? Do you believe incarceration is an effective form of rehabilitation to prevent these criminals from repeating these offenses? Thank you for your input and time.

    Ralph Villejo

  2. Michael Magana says:

    March 11,2009

    In your article entitle “One Response to “Compare Sentences for White Collar Crime With Nonviolent Drug Offenders” you indicate that there are sentencing disparaties when it comes to sentencing those who commit white collar crimes comapared to those nonviolent drug offenses. I totally agree with you, those who usually sale drugs do it to help support their families as those who commit white collar crimes do it to get richer. I have an uncle who is incarcerated right there in taft in the camp section next to the gated facility. When he got sentenced i noticed how those sentencing disparities do exist. My questions to you are why do you believe these disparites exist, is it because there is still some sort of racial profiling when it comes to sentencing those who are minorities? Also do you believe the prison system does any good by incarcerating those with drug offenses for long period of times when in most cases many get deproted?
    Thanks for your time and input maybe ill run into you sometime when i go visit my uncle…

    • Dear Michael,

      I appreciate this opportunity to respond to your comment. Obviously, as a long-term prisoner I cannot speak with authority as to why such disparities exist between sentences white collar offenders receive with the sentences nonviolent drug offenders receive. The United States Sentencing Commission recently released a repost that shows how the criminal justice system has grown. Nonviolent drug offenders, of course, constitute the crimes for which most offenders serve time. The irony, to me, is that those who ran Ponzi schemes that make real victims by misappropriating millions receive much shorter sentences.

      Either way, it is my position that our country ought not rely on long-term imprisonment as the only option available. Even the sentencing commission holds that, when appropriate, judges ought to impose community-based sanctions. Society should reserve imprisonment for those who truly must be isolated to protect citizens. In some cases, white-collar offenders, drug offenders, and other nonviolent offenders should suffer such a sanction. In all cases, however, corrections should offer a mechanism that encourages offenders to reconcile with society through merit. When appropriate, offenders ought to earn their way into community-based sanctions.

      I believe we need reforms that will improve America’s prison system. That means we should expect prisons to do more than warehouse. They ought to prepare people to function as law-abiding citizens. I feel convinced that by employing the concept of earning freedom, which I first read about in Justice Burger’s speech, Factories with Fences, makes far better sense for America.

      Incidentally, with regard to your comment on racism within the justice system, I think the statistics put out by the Pew Report make a convincing case that it plagues our system. That is my perspective as an American of Cuban descent. Thank you for your support.


  3. cao n says:

    Mr Santos:
    In your article entitled “Compare Sentences for White Collar Crime With Nonviolent Drug Offenders” you indicate white-collar criminals are treated less severely when compare to nonviolent drug offenders. I agree with you 110% and oppose long-term imprisonment for non-violent offenders. Its unfair how well educated adults are able to get away with robbing the weak, poor and needy and getting away with only a slap on the wrist.
    My questions to you are:
    1. What do you recommend on how to punish white-collar criminals?
    2. Should people who commit white-collar crimes be punishing harsher since they have a higher level of education and knowledge?
    3. In this economic harsh time, funds to incarcerate white-collar criminals seem to be a waste, what do you we should let them go scotch free or should we incarcerate them?
    4. By reforming sentencing laws do you think, in a business aspect, should non-violent drug offenders be treated like white-collar crime?
    Thank you for your time and wisdom. I enjoy reading your insightful articles and novel.

  4. Evelin Andino says:

    Mr. Santos

    In the article “Compare Sentences for White Collar Crime With Nonviolent Drug Offenders,” you point out how nonviolent drug offenders are given higher sentences than those who are born with money and still commit serious crimes to become richer than what they already are. I personally believe that there should be equality between the rich and poor because we are all human beings; therefore, all level offenders should be treated equally without any exceptions. Noviolent offenders commit crimes to feed their families and meet their survival needs; however, white collar crime offenders commit crimes for pleasure, and because they are ambitious people. Mr. Santos i want to thank you for taking your time in writing these interesting articles, and giving responses to all us. I really enjoy reading your novel. Here are some questions i would like you to answer:
    1. How can we reform sentencing laws and prison policies that incarcerate so many individuals in prison?
    2. What can be done to prevent long term sentences for nonviolent drug offenders?
    3. What can we as human beings do to avoid disparity in sentencing laws to promote equality between the rich and the poor?
    Once again, Thank you so much for sharing your life with us…