Jasiel Correia faces prison for corruption. Here's what you should know before sentencing

On Monday, Sept. 20, former Fall River mayor Jasiel F. Correia II will most likely be sentenced to prison to serve time for committing fraud and extortion, marking an end to one of the most controversial chapters in Fall River’s history.  

Timeline of Jasiel Correia's fall:How he went from entrepreneur, to mayor, to convicted corruption kingpin

Correia will have gone from private citizen to public official to federal inmate in the span of only eight years, a staggering rise and fall for a man not yet 30 years old.  

Here’s what you need to know going into his sentencing: 

Can I watch Jasiel Correia be sentenced? 

Yes, and you don’t even need to drive to the U.S. District Courthouse in Boston. Due to the COVID pandemic, Correia’s hearings and trial were live-streamed via Zoom, and so will the sentencing. You need to register online at https://forms.mad.uscourts.gov/courtlist.html. Select Judge Douglas Woodlock, presiding over the sentencing at 11 a.m. on Monday. 

Jasiel Correia's conviction:Ex-Fall River mayor guilty of 21 of 24 counts of fraud, extortion, conspiracy

Remind me: what was Jasiel Correia convicted of? 

Correia was found guilty of 21 counts:  

• Nine counts of wire fraud, deceiving investors in his SnoOwl smartphone app 
• Four counts of tax fraud, filing false tax returns and amended tax returns in 2013 and 2014 
• Eight counts of extortion and extortion conspiracy, soliciting and taking bribes in exchange for the paperwork to open marijuana businesses in Fall River 

He was also on trial for three more counts: extortion and extortion conspiracy regarding utility work performed on a co-conspirator's property, and bribery of his chief of staff. Correia was found not guilty of those charges. 

'Worse than a thief':Here's how much prison time prosecutors want for Jasiel Correia

How much prison time can Jasiel Correia get? 

The prosecution has asked the judge to sentence Correia to 11 years in prison with two years supervised release. The defense has asked for three years in prison and three years supervised release. Judge Douglas Woodlock will weigh their recommendations, the evidence presented at trial, the U.S. Sentencing Guidelines, and his own discretion to issue a sentence — it could be lower or higher than either of those recommendations.  

Of course, it’s theoretically possible that Woodlock could not sentence Correia to any prison time at all. But don’t hold your breath. During a sentencing hearing for ex-chief of staff Gen Andrade, Woodlock was clear that Andrade should serve hard time for pleading guilty to bribery charges. If he thinks she should spend some time behind bars, he likely thinks Correia should, too. 

Gen Andrade's trial:Jasiel Correia's former chief of staff will go to trial on Dec. 6, judge says

Would Jasiel Correia go to prison immediately?

Mostly likely not. "I would not expect Mr. Correia to attempt to flee, especially where he is asserting his innocence," said legal expert Dana Curhan, a renowned appellate lawyer in Boston who served as the attorney in the appeal of Catherine Grieg, girlfriend of James "Whitey" Bulger. 

"He will likely be given a date and place to report. The federal courts generally work this way unless the defendant is dangerous," Curhan said. 

Correia's extortion convictions involved no violence, he has no history of violent behavior, and no reports have surfaced indicating he's attempted to break the conditions of his freedom pending sentencing.

It's not impossible, though. In a memo, the prosecution referred to the case of Edwin Pawlowski, the former mayor of Allentown, Pennsylvania, convicted in 2018 of dozens of corruption charges. Pawlowski was found guilty of running a pay-to-play scheme involving bribery, attempted extortion, fraud and conspiracy — and immediately taken into custody by a U.S. marshal and sent to prison. Pawlowski is currently serving a 15-year prison sentence at a federal prison in Danbury, Connecticut. 

Mercy from the defense:Correia's defense and family want leniency — here's the sentence they say he deserves

Where could Jasiel Correia serve prison time?

It's unclear. "Where he will do his sentence is up to the Bureau of Prisons," Curhan said. "While the judge can make recommendations as to where he goes, that is not binding. There is a separation of powers issue, where the judiciary cannot bind the BOP, which is part of the executive branch.

"That said, he is likely to serve his sentence in a minimum-security institution with other low-level white-collar offenders."

Didn’t Jasiel Correia have co-conspirators? What’s the status of their cases? 

• Hildegar Camara: Pleaded guilty to helping shake down marijuana companies and making false statements to the government. Sentenced to three years probation, with 18 months home confinement. 
• Antonio Costa: Pleaded guilty for his role in the marijuana scheme and making false statements to the government. Sentenced to three years probation with 15 months home confinement, 300 hours of community service, a $10,000 fine, and $107,550 in forfeiture. 
• David Hebert: Pleaded guilty for his role in being a middleman in Correia’s marijuana shakedown conspiracy. Scheduled to be sentenced Oct. 14. 
• Genoveva Andrade: Initially pleaded guilty to six counts of bribery, extortion and lying to federal officials. Woodlock refused to agree to a plea deal that would have seen her serve no prison time, and threw out her guilty plea. She is scheduled to go to trial on Dec. 6. 

How Jasiel Correia fell from grace:'What he wanted was money, what he wanted was power'

Is Jasiel Correia going to have to repay the money he stole?

Almost certainly yes. Both the prosecution and defense agree in their memos that Correia should forfeit some money and make restitution. The prosecution has asked for nearly $900,000 in forfeiture, restitution to victims and fines. The defense's memo did not indicate any specific dollar amounts but said that restitution and "appropriate forfeiture" would be recommended, and no fines. Woodlock will probably impose some financial penalty on Correia — the actual dollar figure will be determined at his sentencing.

What's the difference between restitution and forfeiture?

There's a subtle difference that is best explained by professor Jonathan Gutoff of Roger Williams University, a legal expert on asset forfeiture. 

"Restitution is generally the principle that if you illicitly gain something from someone, you should give back the value of what you’ve gained," Gutoff said. "Forfeiture works on the principle that ... by statute, the government has declared that for certain crimes, as soon as you use property to commit those crimes, or gain property as a result of those crimes … the government owns them. What forfeiture is, is the government’s claiming its ownership in property that, by statute, Congress has decided, it has." 

How does the government know that certain property was either used in the commission of a crime or the proceeds of a crime? In Correia's case, IRS Special Agent Sandra Lemanski has been part of the investigation, tracking Correia's purchases to the penny — she knows where he got the money and how he spent it. She testified at length at Correia's trial, and has provided further statements to the government supporting their motion to take Correia's assets. 

Also, when the government is attempting to prove that your assets can be seized, "its job is made a little bit easier by what's called presumption," Gutoff said. When someone has been convicted of the kind of crime where the government can seize assets, "and had no other visible means, apparent means, of acquiring the assets that the government is seeking to forfeit to itself, then the court should assume that those assets were the proceeds of the criminal activity." As mayor, Correia earned a bit over $100,000 in annual salary — but before then, he had little income. It doesn't add up to the kind of earning potential that could support the lifestyle Correia led. Therefore, the government can presume that many of Correia's assets were paid for through the criminal activity he was convicted of.  

How will the government take back Jasiel Correia's money and property? 

When it comes to paying back the restitution, it's like any debt, Gutoff said.

"If he has any money, he can pay the restitution order, and if not he just becomes sort of like any other person under a debt who owes money. He has to come up with a payment plan," Gutoff said. "Once he gets out [of prison] and has some earning capacity, he’ll be liable for that — potentially for the rest of his life. It’s an outstanding debt that he now owes."

As for the forfeiture, "the government just takes the property," Gutoff said. That means anything used in the commission of his crimes or the proceeds of them. And if he doesn't have these things anymore, it will take other assets of similar value instead.

"They can substitute assets that he has. His house, his jewelry, his cars. ... They can take all his real and personal property," Gutoff said. "The government can keep trying to track down property that he might own. ... Again, if he doesn’t have anything, there’s nothing the government can recover. But I assume there’s something he has."

This process may take a very long time, but it's not going to disappear. 

"The assets gained as a result of asset forfeiture form a not-inconsiderable part of the budget of the Department of Justice," Gutoff said. "It’s something they count on. This is something they have a real interest in doing effectively."    

Can the government take items from Jenny Correia, Jasiel's wife?

The government cannot take things that are rightfully hers, no. But it also depends on which assets we're talking about. 

"His property would be subject to forfeiture even if he had transferred it to his wife. Transferring it to a third party, if it’s still identifiable, is not a way of avoiding it," Gutoff said. "For instance, if I were to have purchased some sort of a luxury car as a result of my [for example] tax evasion, drug-dealing, bribery, and then I thought, 'Oh no, I’ve been convicted of a crime, I should transfer it to my friend Dan, at least that way we’ll be able to keep it out of the government’s hands' — that wouldn’t work. The government would still be able to seek forfeiture of the car." 

The idea here is that any assets that were Jasiel Correia's going into the marriage are still Jasiel Correia's after it. And any items that were Jenny Correia's going into the marriage are still hers.

"People generally are understood to maintain individual ownership of stuff they brought into the marriage," Gutoff said. "His stuff is still his stuff, and it’s going to be subject to government seizure and forfeiture.  

"Stuff that she owns is not going to be liable to forfeiture. Stuff that he’s given her, maybe — potentially."  

What about the items Jasiel Correia gave away? Can the government take those?

We heard in testimony that Correia showered his former girlfriend Natalie Cleveland with luxury gifts using money he misused from SnoOwl investors — he gave her Christian Louboutin shoes, Burberry coats, purses, jewelry and more. According to a statement of forfeiture, any property that has been “transferred or sold to, or deposited with, a third party” doesn’t have to be given back — instead, the United States will simply repossess Correia’s other property of similar value as repayment. He would just have to repay the government something of their value.

But don't count on that 100%, either, Gutoff said. "They might not be going after them simply because it would be too hard to prove."

Given that IRS Special Agent Lemanski has proven that many of those gifts likely came from misused funds, that's not encouraging. 

"It would be possible for them to go after that stuff. It might be hard to trace it," Gutoff said. "It might not be worth the effort."  

Boss Hogg and sex toys:The most shocking closing argument details in the Jasiel Correia trial

Which of Jasiel Correia's victims would be getting repaid?

The people who invested in Correia's SnoOwl app will likely receive some restitution. The government is asking for repayment as follows: 

• $145,000 to Dr. David Cabeceiras
• $70,000 to Stephen Miller
• $25,000 to Mark Eisenberg
• $25,000 to Victor Martinez
• $33,190 to Carl Garcia 

Hildegar Camara and Tony Costa also invested $50,000 each in the SnoOwl app. The government is not seeking any payback for them, since they were involved in Correia's criminal conspiracy. 

The marijuana business owners who were extorted and gave money to Correia — David Brayton ($70,000), Matt Pichette ($11,500) and Charles Saliby ($75,000) — cannot receive any restitution. Since they were technically part of a criminal conspiracy and were immunized for their testimony, they are not considered victims under the Crime Victims' Rights Act.

Witness Nick Bernier speaks:'The lie was easier to believe at the time': Prime witness on Jasiel Correia

What happens to Jasiel Correia's conviction appeal? Can it continue while he's in prison?

Yes, Jasiel Correia can continue his appeal while in prison. "The courts have the option to stay the execution of sentence pending appeal, but it is unlikely to do so here," Curhan said. "If there is a relatively short sentence that the defendant is likely to complete before the appeal runs its course, as well as an issue presenting a good chance of a reversal, the trial court or the appellate court could grant a stay. Here, however, there appears to be strong support for the conviction." 

What about the sentence? Can Jasiel Correia appeal that?

Yes, it's possible — but it may be a longshot. "The appeal can address both the sentence and any issues that might warrant a reversal," Curhan said. "Twenty-five years ago, there were frequent challenges to various aspects of the sentencing guidelines. However, most of the issues that typically were raised have been conclusively resolved by the U.S. Supreme Court and the 12 federal circuit courts."

There are reasons why a sentence could be appealed — for example, a defense could argue that the base offense level or enhancements were calculated unfairly. But that might not be successful.

"The sentencing guidelines used to be mandatory and are now advisory. That means that a judge has discretion to impose whatever sentence he or she chooses, and that makes it difficult to challenge a sentence on appeal," Curhan said. "In the federal courts, there is a long formal process where the probation department prepares a detailed pre-sentence investigation report, and the parties then prepare objections and file their own sentencing memoranda. The formality of this process eliminates many of the potential issues." 

'Overwhelming' evidence:Elected officials and former mayors react to Jasiel Correia guilty verdict

Will Jasiel Correia's victims be allowed to speak at the sentencing?

Yes, they are allowed, but it's not yet known if any will. Victims affected by crimes have the right to speak at sentencing. Two of them — Cabeceiras and Miller — have already written victim impact statements, which the prosecution entered into evidence. Time will be allotted for victims to address the court and Correia. 

It's possible we might also hear from Correia's family members and others on his side of the aisle, in his defense.

Jasiel Correia trial:10 truly head-scratching — and jaw-dropping — moments from the proceedings

Will Jasiel Correia speak at his sentencing?

A defendant has the right of allocution, meaning Correia will be given the opportunity to address the court before his sentence his passed. It's not known if he will, or if so, what he will say. Correia did not testify on his own behalf during his trial. 

Immediately after his conviction, Correia spoke to the media off the cuff, maintaining his innocence. He said "the justice system failed us today," and that "eventually the real truth will come out." The prosecution has latched onto these statements, bringing them before the judge on several occasions, and even Correia's defense team has admitted that these remarks were "ill-advised." He has not spoken publicly since.

Since Correia is appealing the conviction and asking for an acquittal or a new trial, it may be inadvisable for him, if he speaks, to accept any responsibility or express remorse for the crimes he was convicted of. This can put him in a damned-if-you-do situation. If he acknowledges any guilt, that could work against his appeal, and if he doesn't, that could make him appear remorseless. He would likely have to choose his words carefully on advice from his attorneys — or, simply not speak at all.

Dan Medeiros can be reached at dmedeiros@heraldnews.com. Support local journalism by purchasing a digital or print subscription to The Herald News today.