Posted By:
Jeff LichtmanBarry, I have read that Vick's agreement includes cooperation. I'm disappointed by this because I don't believe that the last guy in to cooperate in a case should be allowed to do this. If he was truly concerned about helping the feds he would have come in on day 1. This is a total self-preservation move and will be used by his various handlers to claim later that he's somehow seen the light and is on the road to redemption.
In addition, one thing that has not been brought up anywhere I've read is that a cooperator, should he be deemed to have substantially assisted the government in the prosecution of others, will be the beneficiary of a motion to the judge for a lower sentence from the government. This means that Vick could conceivably not serve a day in jail. In addition, when one cooperates with the feds he usually has to make himself available to testify against others. Therefore, Vick may be cooperating with the feds for a few years until the various investigations and trials he is involved in are completed. The upshot of all this is that a cooperating defendant, except in rare circumstances, does not get sentenced until after his cooperation is complete due to two reasons: a) if he is sentenced before he fulfills his cooperation with the feds, he would have no incentive to continue to cooperate; and b) if he is sentenced before his cooperation is complete how will the feds provide the full extent of his cooperation to the sentencing judge -- thereby giving Vick the chance to get the full benefit of his cooperation agreement?