Ex-lawmaker awaits sentence?




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Ex-lawmaker awaits sentence
NewsOK.com, September 6, 2007
Tony Thornton

MUSKOGEE  A federal judge Wednesday denied a request to delay the sentencing of former state Rep. Mike Mass while

Mass appeals an issue that could determine how much time he serves in prison.

Mass, 55, awaits sentencing after pleading guilty in April to a charge of conspiracy to deprive the public of honest services.

He admitted taking kickbacks from businessman Steve Phipps and earmarking state money for Phipps' dog food plant and gambling machine company, both in McAlester.

Mass wants U.S. District Judge Ronald A. White to consider that even though National Pet Products was built through fraudulent dealings, it did provide jobs and remains in business, thereby making it a legitimate benefit to the community.

That consideration, Mass' attorney argues, would offset an upward sentencing adjustment based on the government's financial loss through the conspiracy. Prosecutors say Mass was responsible for $2.5 million that benefited Phipps.

U.S. Attorney Sheldon Sperling said Mass' argument isn't valid.

"If a politician were to take a bribe and then go across the street to a casino and hit the jackpot and donate his winnings to charity, you can't claim that there's no loss based on the bribe because he donated some money to a worthwhile cause," Sperling said.

White denied Mass' request for a stay and said he will set a sentencing date.

Mass, free on a personal recognizance bond, faces up to five years in prison. He agreed during his guilty plea to cooperate fully with an ongoing investigation of political corruption.

In a court document filed Tuesday, federal prosecutors indicated Mass wasn't very helpful in the investigation. As a result, the government won't ask the judge to impose a reduced sentence, Assistant U.S. Attorney Ryan Roberts wrote, in Denver.


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