Mark Scott wants to postpone OneCoin sentencing indefinitely
The Mark Scott sentencing circus continues, with Scott now asking his OneCoin fraud sentencing be postponed indefinitely.
On August 24th Scott (right) filed a letter with the court, requesting that ‘sentencing be adjourned without a date’.
The stated reason for the indefinite postponement is resolution of Scott’s Supplemental Rule 33 Motion and “changes in the scheduling of a medical procedure due to the COVID-19 situation in Florida”.
Scott’s latest ploy to delay hearing is a Supplemental Rule 33 Motion, filed on August 23rd.
A Supplemental Rule 33 Motion pertains to a defendant demanding a new trial.
To that end Scott appears to have an issue with evidence presented against him, as he reveals he’s also requested an evidentiary hearing in the motion.
I’d love to give you specifics but Scott has filed his Supplemental Rule 33 Motion under seal.
Scott last requested his sentencing be delayed in late May. At the time the DOJ consented to the delay but stated any further delay requests would be opposed.
On August 25th the DOJ filed a letter opposing Scott’s request.
Although the Government would consent to a final adjournment for a period of four weeks, Scott’s request for an indefinite adjournment of sentencing is unwarranted and should be denied.
The DOJ goes on to state they are
investigating the allegations raised in the supplemental motion and will respond to the claims raised by the motion.
The DOJ argues that prevailing legal precedent does not warrant indefinite suspension of scheduling.
With respect to Scott’s medical issues, the DOJ writes;
With respect to the defendant’s medical conditions and related procedures, they also do not represent a basis for a further adjournment of sentencing.
To the extent that the defendant, who is fully vaccinated against COVID-19, cannot be treated for his medical conditions within the Bureau of Prisons, the appropriate remedy is not to adjourn sentencing for a tenth time, but rather, upon receipt of adequate documentation of his condition(s), the exact timing of any necessary medical procedure(s), and a clear showing that the BOP cannot adequately conduct the treatment, to adjourn the defendant’s surrender date to the BOP for an appropriate period of time to accommodate any such procedure(s).
In a nutshell, Scott should be sentenced and then, only if treatment is unavailable within the BOP, should Scott not be required to present himself to serve time.
Scott was originally scheduled to be sentenced in February 2020.
After he was convicted Scott was taken into custody, where he quickly found himself suffering from “several serious medical conditions”.
Scott was promptly released from custody, and has been delaying sentencing on the basis of ongoing treatment ever since.
What exactly Scott’s medical conditions are has not been disclosed.
A decision on Scott’s letter request and the DOJ opposition remains pending.
Update 27th August 2021 – Mark Scott’s sentencing has been rescheduled for November 9th.