Coughlin sentence appeals at an end
Posted on Saturday, March 29, 2008
A federal prosecutor said Friday he won’t appeal the resentencing of former Wal-Mart Vice Chairman Tom Coughlin because the U. S. Supreme Court has given federal judges more leeway in sentencing criminals.
Bob Balfe, U. S. attorney for the Western District of Arkansas, said his Fort Smith office won’t appeal for a second time a judge’s decision to give house arrest to Coughlin, 58, who embezzled from Wal-Mart Stores Inc. by falsifying expenses and cashing employee gift cards.
Coughlin pleaded guilty in January 2006 in U. S. District Court to five counts of wire fraud and one count of tax evasion. He was sentenced in August 2006.
Balfe appealed Coughlin’s sentence in November 2006.
In a news release, Balfe cited a Supreme Court ruling in December that gives federal judges more latitude to craft sentences on a case-by-case basis.
“For over two years, we have strenuously fought to have Mr. Coughlin sent to prison like thousands of other inmates who have committed similar crimes,” the new release states.
“However, in light of the recent United States Supreme Court decision of United States v. Gall, it is clear that federal district judges have been given broad authority to sentence defendants as they see fit.
“ Therefore, further appeal of this case will serve only to delay the inevitable at greater expense to the government.” In August, the 8 th U. S. Circuit Court of Appeals in St. Louis reversed U. S. District Judge Robert Dawson’s decision to sentence Coughlin to 26 months of home detention, in addition to a $ 50, 000 fine and $ 461, 218 in restitution, both of which Coughlin paid the next month.
On Feb. 1, Dawson again sentenced Coughlin to five years of probation and 27 months of home detention with an electronic monitoring device. He added 1, 500 hours of community service to charitable organizations.
Coughlin admitted to stealing nearly $ 400, 000 from Wal-Mart between 1996 and 2001, buying hunting equipment and leases, upgrades for vehicles, liquor, beer and other entertainment items, court records show.
Coughlin retired in January 2005, after 27 years with Wal-Mart, where he rose through the ranks under the wing of founder Sam Walton, who died in 1992.
Prosecutors had asked that Coughlin spend between 27 and 33 months in prison in accordance with sentencing guidelines, but Dawson sided with defense attorneys who said he suffers from heart ailments, diabetes and hypertension. They argued the stress of prison could kill Coughlin.
Prosecutors withdrew their notice Friday, reserving the right to appeal again to the 8 th Circuit.
Coughlin is under house arrest with an ankle monitor at his ranch in Centerton.
Earlier this month, he attended a banquet for the Benton County chapter of the National Wild Turkey Federation and helped to raise money for the hunters’ group as part of his community service. The U. S. probation office in Fort Smith allowed Coughlin to attend the fundraising party for the group that was attended by hundreds of people.
Coughlin also is performing community-service work at Decision Point, advising the Bentonville-based rehabilitation center on improving its personnel and security functions.
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