Split Sentence
A retired Chicago Police commander received a "split sentence" Wednesday of five months in prison followed by five months in home confinement for stealing $4,000 that was earmarked to help pay for a ceremony to recognize heroic police officers.
Michael Acosta, who retired last year from his position overseeing police at O'Hare and Midway international airports, was facing an advisory penalty guideline range of eight to 14 months in prison, which range also made him eligible to receive a "split sentence," according to Assistant U.S. Atty. Manish Shaw.
Now for the million dollar question - does he get to keep his pension? We think Mail Fraud is a felony, but a 10 month split sentence doesn't cover the "one year" in prison definition. Info from the readers?
posted by SCC at 12:01 AM
37 Comments:
What did you expect? FOP was stealing money which was solicited by convicted felons and earmarked for injured, disabled and widows. Where did it go? The GENERAL FUND, OF COURSE. Never went to help those intended to get it. THEY SHOULD ALL GO TO PRISON WITH RYAN...
thats an interesting question and I wondered the same thing
I guess its the felony commission by using the job for personal egrandisement
I think the conviction is good enough even if the sentence is suspended
What an asshole. Stealing from dope dealers isnt as bad as stealing money from coppers, earmarked for the Memorial Foundation
Fuck him and what about the 4 grand??
This definitely a felony. Generally, in the federal system you don't encounter many non-felony issues. There are some exceptions, zum Beispiel, traffic violations on military bases and some other obscure Maritime/Admiralty issues. The very fact that the sentencing guidelines, now not binding interestingly, specify any sentence beyond three hundred sixty four days is the key. On a side bar, did any members of the Bar wonder about Apprendi issues here?
Follow up:
The sentencing guidelines themselves, because this was a federal case, would indicate that this is a federal felony. Fourteen months, are after all, more than three hundred sixty four days-but there is more.
If immigration law is any indication at all-had he been convicted at the state level and been awarded a completely suspended sentence(say he beat up his girl and broke bones but was with SOS), he would still trip the felony conviction standard necessary; in the case of immigration to "remove" him and here to require the machinery of state to take away his pension.
Acosta is one moron I'm happy to see put away. Hated him when I worked for him. Hate him for stealing from a charitable cause. Come on, who does that?
PS Anyone know if his little boy toy JL landed in a nice city spot? I'm pretty sure Huberman opened up more doors for JL than Acosta did.
The old maricon should have gotten more time. Makes you wonder what he gave the feds.
If he was convicted of a felony, he loses. It is the conviction, not the sentence. They could have given him probation, and he he still would be a convicted felon.
The case was Federal. They don't have a Felony/Misdemeanor standard. A Federal conviction is just that. I don't know how it plays out with the pension rules.
So Acosted picked up the very high degree of difficulty 5-5 split huh? Quite appropos seeing he like his little CPD Blew Bitch Boy Toys he surrounded himself to split him like kindling wood with their throbbing axe handles (while liquored up on OUR donations earmarked for injured, disabled and widows.) Hopefully he gets accosted and "earmarked" while tossing Tyrone's salad behind bars; those curly AA thigh hairs sure do chafe elephantine aztec ears like Mikey's...
A: QUARTERS BOILS
Q: What breaks out on your face after tossing numerous salads in the joint after getting caught red handed stealing mucho dinero from the till collected for injured and disabled P.O.'s and their widows?
(Boom Boom! One in a Row! Quick- somebody piece together a "PRICELESS" joke along these lines...)
He was also fined $5,000.
Thought the only way you could lose your pension was to be convicted of official misconduct, which he could have been charged with but was not.
JL is working for the mayors office and is still considered a p.o. even though he never really was one..I was sitting next to him for the sgt's exam..intresting that he's able to take a leave of absence for the past 2 years.
The way it was explained to me was that it had to be a job related felony in order to lose your pension. I don't know wether they would consider this a job related felony at the pension board i would guess that it would depend on what clout he has left.
You dont automatically loe your pension. The pension board has a meeting first to determine that.
Will they allow Mikey to take his clown costume & makeup to the joint with him? It might ease his transition to prison life. I recall the quote the late Richard Prior made about his brief stint in prison, keeping everyone laughing so that various tough guys would "keep their minds off the booty." Good luck in the joint, Mikey. You'll need it.
P.S. You won't be able to cash in those Excaliber free drink comp. tickets either!
this goof should have been put in jail for 5 years. He's a jerk, thief and enjoyed the He-she prostitutes when he was a LT in 12.
I've seen a lot of information posted on this site, some of it useful and some absolutely incredulous. But here you stand, making assumptions on a topic very few of you have any factual information on. Whether you liked Acosta or not, question his sexuality or thought he was a good, bad or indifferent boss, you sit here and question the integrity of a man based on rumor and the renderings of media. Every one of you should know better. To any of you who think he stole money, you’re grossly mistaken. Any one who believes that Acosta or anyone else of his character would commit an act like that need to truly examine the facts of his situation before you cast judgment. Every cent of the money was accounted for. Accepting the media’s version of the truth …you should be ashamed. The media will spin anything to make a story. He was never charged with theft; that should have given you some clue. He was never charged with tax fraud; that should have been another. You morons are so quick to spread rumor that you’re willing to cast your wretched opinions and spew your hatred that you can’t rationalize the facts. Every dollar that was destined for the recognition ceremony was donated. All but one charge against him was dropped. Did any of you know that? No! You had it set in your feeble little minds that he was actually guilty before you could absorb the truth. The media said he had to pay the money back and he got fined. Once again, you believed them. One media source actually said he got five months incarceration and five years home confinement. That’s wrong, but them, much like many of you are so eager to gossip the facts didn’t get put out correctly.
So, let’s clarify here. He didn’t steal anything from any widows or children, the money alleged to be misappropriated was intended for the ceremony held for coppers receiving awards and was accounted for. All but one charge was dropped most likely much to the embarrassment of the US Attorney’s office. A perspective is that he was only targeted because, yes, he had contact with a contemptible individual, but they thought they had another prong in the hired truck scandal. When it was found that he was not part of what they thought, they had to save face and dig something up. It’s all probably something that each and every one of you could be looked at for too.
This site had the best of intentions when it was started but has only created a forum for rumor mongers and demeaning quibblers who make uninformed, petty accusations.
the charges were dropped when he agreed to a plea deal. he is scum and he does like young men.
Message to 9/07/2006 02:33:50 PM: Good for the rotten SOB. He was almost 750 spots behind me on the 1978 Sergeants list. After he played his "Poncho" card he got made. He then had the nerve to defend the affirmative action nonsense that made him to my face. After I told him where he could put his affirmative action he threatened me with a CR. What a piece of dung. Hope he develops a long lasting relationship with Cleophus in the joint. Rot in hel you no good SOB.
Very good sources tell us he was able to cash out his vacation and time on books and is recieving a pension. Part of the deal he got to sing on some soon to be implicated folks in the Hired Truck Scandal. The fact that he associated with Quarters Boyle (a fact well known to the big bosses) and wasn't suspended for associating with known felons tells all we need to know about the 5th Floor at both City Hall and HQ's.
9/07/2006 02:33:50 PM says MA was a man of integrity. He wasn't charged with this, he wans't charged with that. What he was charged with was keeping the money to be used to honor those among us who perform acts of bravery and honesty. That's what he was charged with. It's called responsibility stupid.
you cannot be convicted of a felnoy that arises from your employment and get a pension
This surely looks like it was just that
No more pension
hey 12:33
I wasnt in court to hear it forst hand, but he ADMITTED taking the money
Once in awhile the newspaper is right
i think theyre right this time
Yes?
Sounds like you are 1 of his poop pushin' bitches. THE FUCK IS A LIAR AND A THIEF-A FUCKING DISGRACE TO HIS FAMILY AND THE CPD. FUCK YOU AND ALL HIS OTHER "BITCHES".
As far as ACOSTA goes.........
I, for one will not deny him the tribute [while he handled CPD funerals] for working with the families of those killed in the Line of Duty.
Give credit [only] where it is due.
As far as borrowing, stealing, misappropriating $$ from our
'heros' funds...that's like home invading a church.
PIGS GET FAT.....HOGS GET SLAUGHTERED!
2:33,
To me the media just verified everything I knew about this whore mongering, closet dwelling, salad tossing, overly incompetetent, back stabbing, theif! Get off your soap box and live with the fact that this ass wipe got what he deserved!
Let me give you an inside scoop on your "man of character". He was a political whore like no other! He started to run name checks on politicians kids to get dirt on them and blackmail the politicians to advance himself. The only problem was is that nobody gives a rats ass about most Aldermen or their kids. It blew up in his face. He went as far as doing the same thing to "enemies" of Quaters Boyle. He also was doing a ton of dirty work for Quaters Boyle.
How do you think the Feds got Mr. Integrity Acosta? Luck? Looking into a "Magic 8-ball"? Not in the least bone head! Quaters ratted him out faster than you could say felching!
Just know that Mike Acosta was a filthy whore of a theif and is now getting it stuck in his fat pasty, pimply, ass! You must be jealous.
this goof should have been put in jail for 5 years. He's a jerk, thief and enjoyed the He-she prostitutes when he was a LT in 12.
9/07/2006 01:56:31 PM
LOL...Wow!!
A while back a copper I knew from a West Side district lied to the Feds plead to a misdemeanor did 5 months at Oxford. Don't know the original amount of time.
sound like Acosta's bitch boy is sad his lover is going to the joint.
Who could f!ck up in Preventive Programs? My God, if you can't run that dept. you're a pretty lame.
As for the boy-toy stuff, it's more than just rumors. Lot's of po's could verify his liking for the male prostitutes, queer officers, etc.
Ask anyone from O'hare who was under his command and they can tell you the horror stories of being interviewed by the feds and this guy's criminal activities...they were all happy to see him go....it took Cline too long to get rid of him.
The 2:33 post is either Acosta himself or one of his boy-toy followers....the guy was certainly not a role-model boss that's for sure and did not have very much respect from the troops.
SO WHAT IS THE VERDICT? DOES HE GET THE PENSION? IM CALLING THE PENSION BOARD IN THE MORNING
he should be ashamed of himself, and hmmm....wasn't the issue the fact that he was associating with a convicted fellon? what do the po's who still hang with him think they are doing???? don't tell me they don't know cuz they would be more ignorant than those who think he is innocent.
It's about time the noose gets tightened around this guy's fat neck. Hmmmm..thrilling, Mike? Enjoy your much too short stint behind bars. Guess your old lady got out before you REALLY went off thre deep end!
MAGGIE AT THE PENSION BOARD SAID HE WAS RECEIVING HIS PENSION,HOWEVER WHEN HE TOOK THE CONVICTION IT STOPPED. HE GETS HIS ONEY BACK AND THATS IT!
Good for him!! When he was watch commander in the 007th district on 2nd watch, he'd close the door for roll call on the hour. If you entered roll call after the door was closed, you were marked late. If you received 3 lates in a period, that was a spar!! Evil ash!! Karhma.....I love it :-)
WHAT THE?!?
Acosta should be kicked in the balls by EVERY good Cop in this city, then hung, drawn & quartered! That no-good, rat-bastard, treasonous dog wore a CPD star... It meant NOTHING to him, but it means something me and most coppers on this job. There is no hole deep enough, no punishment bad enough. Anyone in this Dept. who would allow, support, or otherwise condone that miscreant collect a pension from one of the hardest, most honorable professions on this planet should be dropped in the same hole.
And Anonymous (9/06/2006 11:10:23 PM) "Stealing from dope dealers isnt as bad as stealing money from coppers",that's a flat out fucked-up statement. You better get your shit together boy, or change your name to Acosta.
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