Another Episode of "Don't Write Books About Your Crimes"

Remember earlier this month when I wrote about a scam artist who was convicted of multiple fraud counts based partly on a book he'd written in which he described how the scam worked? Earlier this week, the Second Circuit handed down what you might call a companion case, US v. Kane. Kane pleaded guilty to "equity skimming," which involved various shenanigans involving federal housing loans. At sentencing, Kane argued for probation (rather than the 30-37 month sentence suggested by the Sentencing Guidelines). In support, he presented the court with more than 35 letters attesting that he was a "fair and honest man, true to his word." Sounds promising.

Unfortunately for Kane (and my colleague who represented him), the Government uncovered several books he'd written that tended to undermine those letters. Some of the excerpts presented by the Government included instructions on how to commit real estate scams similar to those for which he was convicted. But the juiciest was a book entitled Mastering the Art of Male Supremacy: Training Techniques for the Home Front, in which Kane set forth his theory on how to "train" a wife. No serious violence was espoused, tho' Kane did suggest that "a rolled up newspaper on the rump once in a while . . ." might be appropriate.

Not surprisingly, the court didn't completely buy the "fair and honest man" argument, and gave Kane a 24-month sentence. The Second Circuit affirmed, holding that the sentencing court didn't violate Kane's First Amendment rights by holding his words against him.