Former state senator John Ford could have his federal prison sentence nearly cut in half after a recent Supreme Court decision that weakened an anti-fraud law.
The 68-year-old Ford is serving a 19-year sentence. A 2008 conviction in federal court in Nashville included two counts of honest-services wire fraud, which account for nine years of the sentence.
In June, the Supreme Court ruled prosecutors may seek honest services fraud convictions only in cases where they put forward evidence that defendants accepted bribes or kickbacks.
A jury in the 2008 trial concluded Ford accepted the payments from contractors with TennCare, the state’s expanded Medicaid program, while promoting their interests as a lawmaker. But Ford argued those payments were for consulting work he did on their behalf.
Following the recent Supreme Court ruling in June, the Sixth Circuit Court of Appeals asked for supplemental briefs in Ford’s case.
The Commercial Appeal reports a brief filed by U.S. Attorney for the Middle District of Tennessee Jerry Martin on July 16 reads, “Defendant’s honest-services convictions must be vacated in light of the Supreme Court’s holding.”
Nashville Asst. U.S. Atty. Matthew J. Everitt said Monday that the government will fight to uphold Ford’s conviction on four counts of concealing material facts, which accounts for five years of his sentence.
A brief filed by Ford’s defense team argues those should be tossed out as well “because the invalid wire fraud charges caused spillover prejudice,” according to the brief.
No hearing date has been set.
Ford is also serving a consecutive 5 1/2-year federal sentence on the unrelated bribery conviction stemming from the FBI’s “Tennessee Waltz” corruption investigation.
In that case, a federal jury in Memphis convicted Ford in 2007 of taking $55,000 in bribes from undercover agents pretending to seek legislative favors for a fake computer recycling company.
Ford was first elected to the state Senate in 1974, an election that also sent a brother, Harold Ford Sr., to the U.S House of Representatives and another brother, Emmett Ford, to the Tennessee House of Representatives. He is the uncle of former U.S. Rep. Harold Ford Jr.
John Ford’s sister, Ophelia Ford, took over his Senate seat when he resigned in 2005, shortly after his indictment.
Topics USA Fraud Legislation Tennessee
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