Sentencing Delayed for Absolute Poker Co-Founder - Update

Will this result in a heftier sentence? Sentencing has been delayed for the Absolute Poker co-founder Brent Beckley, who pleaded guilty to indictments surrounding Black Friday. The delay is more than a month out as the presiding judge, Lewis Kaplan, scheduled sentencing June 28, 2012 rather than the original May 21st date. A media frenzy began yesterday when sentencing did not occur and led them to an order by the judge which may suggest an "upward departure" may be required as "....an aggravating circumstance in this case of a kind, or to a degree, not adequately taken into consideration by the Sentencing Commission in formulating the guidelines." The judge's order further outlines USSG § 2B1.1, which "...depends heavily on the loss amount, which is defined in terms of 'the reasonably foreseeable pecuniary harm,' and notes that the government acknowledges that it is not in a position to establish pecuniary harm in view of the nature of the offenses of conviction.” Judge Kaplan directs attention to the Presentence Report which emphasizes that Beckley "....deliberately and unlawfully conspired to circumvent, and circumvented, governing laws of the United States in order to conduct or facilitate an unlawful business or businesses involving billions of dollars from which those businesses gained many millions of dollars. The failure of the guideline so heavily dependent on loss amount to fix an appropriate sentencing range in a case like this may warrant an upward departure." Judge Kaplan changed the sentencing hearing to June 28th while making it clear that if is he wishes, the defendant must make a representation on an upward departure prior to June 8. The same opportunity is being given the government prosecutors, who must make any submission by June 25th.