1 00:00:03,480 --> 00:00:07,560 Speaker 1: Welcome to the Bloomberg Law Podcast. I'm June Grosso. Every 2 00:00:07,640 --> 00:00:10,440 Speaker 1: day we bring you insight and analysis into the most 3 00:00:10,480 --> 00:00:13,399 Speaker 1: important legal news of the day. You can find more 4 00:00:13,480 --> 00:00:18,040 Speaker 1: episodes of the Bloomberg Law Podcast on Apple Podcasts, SoundCloud, 5 00:00:18,320 --> 00:00:22,600 Speaker 1: and on Bloomberg dot com slash podcasts. The biggest college 6 00:00:22,600 --> 00:00:25,400 Speaker 1: admission scandal in our country's history is about to become 7 00:00:25,480 --> 00:00:30,200 Speaker 1: even bigger as prosecutors investigate more parents, making some parents 8 00:00:30,280 --> 00:00:33,920 Speaker 1: who haven't been charged or even notified so worried that 9 00:00:34,000 --> 00:00:37,479 Speaker 1: they're hiring attorneys already joining me as Robert Mints, a 10 00:00:37,560 --> 00:00:41,360 Speaker 1: former federal prosecutor and a partner at McCarter. In English, Bob, 11 00:00:41,400 --> 00:00:44,199 Speaker 1: The first parents to actually plead guilty are Bruce and 12 00:00:44,280 --> 00:00:47,680 Speaker 1: Davina Isaacson, who admitted they paid at least six hundred 13 00:00:47,720 --> 00:00:50,680 Speaker 1: thousand dollars to get their daughters into USC and u 14 00:00:50,760 --> 00:00:54,400 Speaker 1: c l A. The government will seek leniency if they 15 00:00:54,440 --> 00:00:58,880 Speaker 1: provide substantial assistance. How much more can the government learn 16 00:00:58,960 --> 00:01:01,600 Speaker 1: from them when they already have the cooperation of the 17 00:01:01,680 --> 00:01:07,640 Speaker 1: ringleader William Singer. I think they can learn quite a bit, June, 18 00:01:07,680 --> 00:01:11,680 Speaker 1: and I think the government is clearly in cooperation mode 19 00:01:11,720 --> 00:01:15,160 Speaker 1: in that they are looking for additional people to assist 20 00:01:15,240 --> 00:01:16,840 Speaker 1: them in this case. And what I say that, I 21 00:01:16,880 --> 00:01:19,959 Speaker 1: mean not only parents, but also coaches who may have 22 00:01:20,000 --> 00:01:22,280 Speaker 1: been involved in this fraud, because at the end of 23 00:01:22,280 --> 00:01:26,240 Speaker 1: the day, they need to rely more on other individuals. 24 00:01:26,480 --> 00:01:29,600 Speaker 1: They cannot let this case rest simply with William Singer, 25 00:01:29,800 --> 00:01:33,920 Speaker 1: who will be attacked by defense lawyers and his credibility 26 00:01:34,000 --> 00:01:36,199 Speaker 1: is in any way dentity that hurts the government's case. 27 00:01:36,560 --> 00:01:39,080 Speaker 1: The fact that they're adding co operators suggest to me 28 00:01:39,160 --> 00:01:41,360 Speaker 1: that this case is only just beginning, and they're going 29 00:01:41,400 --> 00:01:44,360 Speaker 1: to see a significant number of additional indictments and charges 30 00:01:44,640 --> 00:01:47,680 Speaker 1: coming in the near future. So, as matters now stand, 31 00:01:47,920 --> 00:01:52,320 Speaker 1: Bruce Isaacson faces about three years in jail. Davina Isaacson 32 00:01:52,400 --> 00:01:56,280 Speaker 1: faces about two years, a substantial amount of time. Explain 33 00:01:56,360 --> 00:01:59,040 Speaker 1: how the guidelines are working here and how much a 34 00:01:59,160 --> 00:02:04,000 Speaker 1: judge can diverge from those. Yes, well, these are very 35 00:02:04,040 --> 00:02:07,120 Speaker 1: serious charges. These are people who have never had a 36 00:02:07,160 --> 00:02:11,280 Speaker 1: brush with the law before, who are suddenly facing very 37 00:02:11,440 --> 00:02:14,480 Speaker 1: real jail time. As you mentioned, for the husband, about 38 00:02:14,520 --> 00:02:18,080 Speaker 1: thirty seven months and slightly less for his wife. In 39 00:02:18,120 --> 00:02:20,760 Speaker 1: the federal system, there is no succe thing as parole, 40 00:02:20,880 --> 00:02:22,679 Speaker 1: so if they were to be sentenced to those terms 41 00:02:22,720 --> 00:02:26,480 Speaker 1: without cooperation, they would do of that time. Here, though, 42 00:02:26,600 --> 00:02:29,800 Speaker 1: with the cooperation, prosecutors can come in and tell the 43 00:02:29,919 --> 00:02:33,520 Speaker 1: judge its sentencing how much their assistance was of value 44 00:02:33,600 --> 00:02:35,639 Speaker 1: to the government. At the end of the day, the 45 00:02:35,919 --> 00:02:39,679 Speaker 1: judge has the complete discretion whether to sentence them to 46 00:02:39,880 --> 00:02:42,560 Speaker 1: jail time at all, or if he does sentence him 47 00:02:42,560 --> 00:02:45,480 Speaker 1: to jail, how much time that will be. According to 48 00:02:45,520 --> 00:02:47,760 Speaker 1: The New York Times, there are parents who have not 49 00:02:47,880 --> 00:02:51,960 Speaker 1: been contacted by prosecutors but are worried and have already 50 00:02:52,040 --> 00:02:55,240 Speaker 1: hired lawyers. If you were representing one of them, how 51 00:02:55,240 --> 00:02:57,799 Speaker 1: would you advise a client in a situation like that, 52 00:02:57,960 --> 00:03:00,600 Speaker 1: Contact prosecutors and see what you can do, or lay 53 00:03:00,639 --> 00:03:04,560 Speaker 1: low and wait. That is a really interesting question. You 54 00:03:04,600 --> 00:03:08,320 Speaker 1: can be certain that there are parents in California in 55 00:03:08,360 --> 00:03:11,440 Speaker 1: other places of the country who are spending many sleepless 56 00:03:11,560 --> 00:03:15,440 Speaker 1: nights pondering that very question, trying to figure out what 57 00:03:15,520 --> 00:03:18,440 Speaker 1: they should do. They know that they had contact with Singer. 58 00:03:18,639 --> 00:03:20,720 Speaker 1: What they don't know is whether or not any of 59 00:03:20,760 --> 00:03:23,440 Speaker 1: their conversations with him may have been recorded, may have 60 00:03:23,480 --> 00:03:25,919 Speaker 1: been picked up on these wire taps, and if that's 61 00:03:25,960 --> 00:03:28,000 Speaker 1: the case, what do they do. Do they lay low 62 00:03:28,240 --> 00:03:30,760 Speaker 1: and hope that maybe the government will simply pass over 63 00:03:30,800 --> 00:03:33,120 Speaker 1: them and charge other people, or do they step forward 64 00:03:33,120 --> 00:03:35,240 Speaker 1: and try to cut a deal. There's no real answer 65 00:03:35,280 --> 00:03:38,560 Speaker 1: to that question. That's really an individual issue that they 66 00:03:38,560 --> 00:03:40,600 Speaker 1: will have to decide when they talk to their lawyers 67 00:03:40,760 --> 00:03:43,960 Speaker 1: about how they want to roll the dice here. Now, 68 00:03:44,160 --> 00:03:47,640 Speaker 1: target letters have been sent out to some students, and 69 00:03:47,920 --> 00:03:50,400 Speaker 1: when we've talked before, it's been like, well, the students 70 00:03:50,440 --> 00:03:53,400 Speaker 1: are probably won't be charged, but why if they're trying 71 00:03:53,440 --> 00:03:55,680 Speaker 1: to send a message, why not charge some of the 72 00:03:55,760 --> 00:04:00,440 Speaker 1: students who cooperate in the scheme. Why? I think that's 73 00:04:00,480 --> 00:04:03,800 Speaker 1: still a possibility. You typically don't send out target letters 74 00:04:04,160 --> 00:04:07,600 Speaker 1: if you don't intend to charge those individuals. It does 75 00:04:07,680 --> 00:04:10,200 Speaker 1: put pressure on the parents, certainly if they have to 76 00:04:10,200 --> 00:04:13,120 Speaker 1: not only consider their own freedom, but now the freedom 77 00:04:13,320 --> 00:04:16,200 Speaker 1: of their children. So that's one value in sending out 78 00:04:16,240 --> 00:04:19,320 Speaker 1: those letters. But I think they also may find some 79 00:04:19,480 --> 00:04:22,760 Speaker 1: students out there who clearly knew what was going on, 80 00:04:22,800 --> 00:04:24,800 Speaker 1: who knew what their parents were doing, who knew what 81 00:04:24,839 --> 00:04:27,679 Speaker 1: their parents were paying for. Perhaps those who were involved 82 00:04:27,720 --> 00:04:29,720 Speaker 1: in the in the part of the scheme that had 83 00:04:29,760 --> 00:04:32,080 Speaker 1: to do with posing as an athlete, but in fact 84 00:04:32,160 --> 00:04:34,680 Speaker 1: they weren't athletes. If they can find cases where the 85 00:04:34,760 --> 00:04:37,880 Speaker 1: evidence is particularly strong, it's possible we may see the 86 00:04:37,920 --> 00:04:40,640 Speaker 1: government charging students as well as parents and coaches. Here. 87 00:04:41,080 --> 00:04:43,760 Speaker 1: Yale has rescinded the admission of a freshman whose parents 88 00:04:43,760 --> 00:04:46,400 Speaker 1: paid one point two million for her admission, and Stanford 89 00:04:46,400 --> 00:04:49,559 Speaker 1: rescinded the admission of a Chinese student whose parents paid 90 00:04:49,600 --> 00:04:53,120 Speaker 1: a whopping six point five million. But what about the 91 00:04:53,160 --> 00:04:57,159 Speaker 1: students who have already received diplomas and didn't know about 92 00:04:57,160 --> 00:05:00,480 Speaker 1: the scheme? It could the could the schools take away 93 00:05:00,520 --> 00:05:04,680 Speaker 1: their diplomas well. The schools are clearly looking into these 94 00:05:04,720 --> 00:05:08,000 Speaker 1: issues for a host of reasons. They have reputational issues 95 00:05:08,040 --> 00:05:10,560 Speaker 1: here that they're concerned about, and they want to make 96 00:05:10,560 --> 00:05:14,200 Speaker 1: sure that there was no further wrongdoing by anybody else 97 00:05:14,279 --> 00:05:16,440 Speaker 1: on the inside, because part of this scheme that is 98 00:05:16,480 --> 00:05:19,040 Speaker 1: so troubling to the schools is not only did it 99 00:05:19,120 --> 00:05:21,560 Speaker 1: involve these educational consultants, but there was a lot of 100 00:05:21,600 --> 00:05:24,640 Speaker 1: activity on a lot of culpability on the part of 101 00:05:24,720 --> 00:05:28,719 Speaker 1: coaches inside these universities who accepted bribes in order to 102 00:05:28,760 --> 00:05:33,120 Speaker 1: create these false athletic profiles. For students, So schools will 103 00:05:33,120 --> 00:05:35,120 Speaker 1: take a close look at that, to the extent that 104 00:05:35,160 --> 00:05:37,919 Speaker 1: they're looking at students who may have already graduated, I 105 00:05:37,960 --> 00:05:40,040 Speaker 1: don't think there's a lot that they can do at 106 00:05:40,040 --> 00:05:42,920 Speaker 1: this point, but probably be looking more at students who 107 00:05:42,920 --> 00:05:44,920 Speaker 1: are at the school right now, because they can still 108 00:05:44,960 --> 00:05:47,839 Speaker 1: take action by dismissing those students if they find that 109 00:05:47,880 --> 00:05:51,120 Speaker 1: their admission was in somehow, in some way tainted by 110 00:05:51,200 --> 00:05:55,680 Speaker 1: this kind of fraud. Now, speaking about that, there's a 111 00:05:55,720 --> 00:06:00,120 Speaker 1: federal class action suit on behalf of qualified rejected students 112 00:06:00,360 --> 00:06:03,880 Speaker 1: accusing eight of the schools of negligence, saying that missions 113 00:06:03,920 --> 00:06:07,320 Speaker 1: process was warped and rigged by fraud. Is that a 114 00:06:07,360 --> 00:06:11,000 Speaker 1: tough case to make? I think that is a bit 115 00:06:11,040 --> 00:06:15,160 Speaker 1: of anfl case. Uh. The government has portrayed the schools 116 00:06:15,160 --> 00:06:18,640 Speaker 1: here as victims, putting aside the fact that there may 117 00:06:18,640 --> 00:06:21,080 Speaker 1: have been some people on the inside of these universities 118 00:06:21,200 --> 00:06:24,160 Speaker 1: that played a role. Innus people in the admissions process 119 00:06:24,360 --> 00:06:26,479 Speaker 1: do not seem to have been involved, and so I 120 00:06:26,520 --> 00:06:29,240 Speaker 1: think it's going to be difficult to make that case stick. 121 00:06:29,520 --> 00:06:33,159 Speaker 1: They really have to show that the admissions process was 122 00:06:33,240 --> 00:06:36,719 Speaker 1: so tainted across the board that each of these individuals 123 00:06:36,720 --> 00:06:39,160 Speaker 1: who applied what we're in some way damaged by this 124 00:06:39,160 --> 00:06:42,760 Speaker 1: fraudulent scheme. So, you know, Bob, as far as one 125 00:06:42,760 --> 00:06:46,279 Speaker 1: of the things, I've been curious the the uh the 126 00:06:46,320 --> 00:06:50,240 Speaker 1: students who got in on the fake scholarships, the athletic scholarships, 127 00:06:50,279 --> 00:06:54,520 Speaker 1: and their their faces were photoshopped into ports, into pictures 128 00:06:54,520 --> 00:06:57,960 Speaker 1: within their sport, and they're alleged sport and it seems 129 00:06:58,000 --> 00:07:01,080 Speaker 1: like that's something that easily can be checked out by 130 00:07:01,120 --> 00:07:04,080 Speaker 1: a school or should be maybe you know, whether or 131 00:07:04,120 --> 00:07:07,440 Speaker 1: not there on the teams they say they are. Well, 132 00:07:07,480 --> 00:07:09,400 Speaker 1: I do think schools are going to be looking at 133 00:07:09,440 --> 00:07:12,240 Speaker 1: how this could have happened. Even with the culpability if 134 00:07:12,280 --> 00:07:15,520 Speaker 1: some of these insiders, some of these assistant coaches who 135 00:07:15,520 --> 00:07:18,680 Speaker 1: were involved, it certainly suggests that there was not the 136 00:07:18,720 --> 00:07:21,760 Speaker 1: type of scrutiny and verification that should have been going 137 00:07:21,800 --> 00:07:23,880 Speaker 1: on here to have allowed this to have gone on 138 00:07:24,080 --> 00:07:27,320 Speaker 1: for so long, involving so many different students over many years. 139 00:07:27,600 --> 00:07:30,000 Speaker 1: Thanks so much, Bob. That's Robert Mintz is a former 140 00:07:30,000 --> 00:07:33,000 Speaker 1: federal prosecutor and head of the white collar practice at 141 00:07:33,080 --> 00:07:38,360 Speaker 1: McCarter and English. Thanks for listening to the Bloomberg Law podcast. 142 00:07:38,720 --> 00:07:42,760 Speaker 1: You can subscribe and listen to the show on Apple Podcasts, SoundCloud, 143 00:07:42,840 --> 00:07:46,720 Speaker 1: and on bloomberg dot com slash podcasts. I'm June Brosso. 144 00:07:47,200 --> 00:07:51,120 Speaker 1: This is Bloomberg yea