Convicted murderer and disbarred attorney Alex Murdaugh has failed to overturn a 40-year federal sentence for his years of massive financial fraud, stealing from clients, friends and his law firm.
“After reviewing the record and the parties’ submissions, we conclude that Murdaugh knowingly waived his right to appeal,” a three-judge panel of the U.S. Fourth Circuit Court of Appeals ruled unanimously on Tuesday. “Accordingly, we grant the government’s motion and dismiss the appeal.”
The panel could have heard Murdaugh’s lawyers, but the justices could rule after reading briefs from prosecutors and defense attorneys.
“We are considering our options,” Murdaugh attorney Jim Griffin said Wednesday.
First Assistant U.S. Attorney for South Carolina Brook Andrews said, “We were pleased, but not surprised, by the Court’s order. When he pleaded guilty, Mr. Murdaugh knowingly waived his right to appeal. The Court correctly found that he could not reopen the door. We hope this ruling brings final closure to this case and the victims of Mr. Murdaugh’s financial crimes.”
Griffin had argued in his appeal that the 40-year prison sentence amounted to “cruel and unusual punishment” — a violation of his Eighth Amendment constitutional rights.
Federal guidelines for Murdaugh’s financial crimes ranged from 17 to about 22 years, but Judge Richard Gergel made it clear he wanted to exceed these guidelines due to the scope and monstrosity of Murdaugh’s crimes.
During an April 1 sentencing hearing in Charleston, Gergel said Murdaugh’s evil actions included betraying the state and country’s legal profession and the trust people are supposed to place in lawyers and the rule of law.
“The defendant’s conduct has brought discredit upon himself, his law firm, the Hampton County Bar, the South Carolina Bar, and indeed the entire judicial system,” Gergel said, underscoring that while disgrace is not a crime, it is for Gergel was. one of Murdaugh’s biggest transgressions.
Prosecutors argued to the appeals court panel that Murdaugh’s sentence was appropriate.
“Murdaugh earned every day of his 40 years from the ‘enormous fraud’ he committed ‘over many years, which took a human toll on the victims,’” federal prosecutors argued.
They also pointed out that Murdaugh had agreed in his plea deal to waive any appeal of his sentence, with limited exceptions, and they argued that a harsher-than-expected sentence for Gergel did not qualify as an issue for consideration. appeal was possible.
Murdaugh had pleaded guilty to numerous counts of money laundering, conspiracy and bank and wire fraud.
The panel’s decision, if it stands, appears to ensure that even if Murdaugh’s two consecutive life sentences for the murders of his wife Maggie and son Paul are ever overturned in 2021, Murdaugh will serve at least 85% of his 40-year sentence must serve. in federal prison. Federal prison rules allow some sentence relief if an inmate behaves.
Murdaugh is now 56, so he would be in his 80s or early 90s when he gets out of federal prison, if he lives that long. Murdaugh was 55 when he was sentenced to 40 years in prison on April 1 by US Judge Richard Gergel.
Murdaugh is now serving his life sentence in a maximum security state prison.
From the outset of their prosecution of Murdaugh, federal prosecutors were determined to seek the harshest possible punishment for what they called crimes of enormous proportions: thefts of at least $10 million over a period of fifteen years or more from his law firm, helpless clients, friends and even family.
As much as $6 million in stolen money may be missing, federal prosecutors say.
“Murdaugh seemed to live an upright life, both personally and professionally. But in reality, he spent most of his career deceiving everyone in his personal and professional circles – without the burden of his own conscience. The extent and pervasiveness of Murdaugh’s deception is staggering. He ranks as one of the most prolific fraudsters this state has ever seen,” prosecutors said in a sentencing memo filed in U.S. District Court early last spring.
In November 2023, Murdaugh was convicted in state court of much the same series of financial crimes for which he was convicted in federal court. Murdaugh had previously pleaded guilty.
Judges in the panel’s ruling against Murdaugh were Stephanie Thacker, Toby Heytens and Nicole Berner.
Federal prosecutors who handled Murdaugh’s financial fraud case were Emily Limehouse, Winston Holliday and Katie Stoughton.
