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Prosecutors: Kilpatrick’s motion for court supervision to end early should be denied

Kwame Kilpatrick moves to low-security federal prison in New Jersey
Posted at 7:25 PM, Jan 13, 2023
and last updated 2023-01-13 23:32:35-05

DETROIT (WXYZ) — Federal prosecutors in a response filed Friday say Kwame Kilpatrick should stay under court supervision after the former Detroit mayor asked a judge to be released early.

Kilpatrick filed a motion on Dec. 27, 2022, asking for his supervision to be terminated early. He claims he “is no longer a threat to the community, has been rehabilitated, has been compliant with the terms of supervision, and needs to be free to travel to pursue his career.”

Kilpatrick was convicted in March 2013 on 24 felony charges of racketeering, extortion, bribery, wire fraud, tax evasion and conspiracy related to corrupt conduct when he was mayor of Detroit and a state legislator.

He was sentenced to 28 years in prison but had his sentence commuted by President Donald Trump in January 2021 to time already served. In Trump’s commute, he maintained Kilpatrick’s obligation of serving three year supervised and the restitution order.

Prosecutors say they’re pushing for his supervision to stay in place to make sure he pays his restitution to the IRS and so he doesn’t commit further criminal acts.

Kilpatrick maintains his innocence.

“Kilpatrick cannot identify any substantive harm caused him by the full completion of his supervision,” prosecutors said in their response. “Kilpatrick’s continued lack of remorse and denial of guilt and responsibility counsel in favor of continuing his supervised release.”

Typically to be granted early termination, a defendant must show significant change and serve one year supervised.

“Kilpatrick committed very serious crimes, and he still owes a significant amount of restitution,” prosecutors said.

Kilpatrick currently owes $193,303.61 to the IRS. He owes the United States $390,000 in civil penalty, $122,922.87 in disgorgement and $39,939 in prejudgment interest.

He still owes the city of Detroit $854,000 in restitution in a state case connected to a text message scandal. Prosecutors say Kilpatrick hasn’t paid the city since 2013.

He also owes $634,000 to the IRS for unpaid taxes.

“By continuing his supervised release, the Court can ensure that Kilpatrick will be under the supervision of this Court in connection with continuing efforts to collect restitution, fines, taxes, and disgorgement amounts. While incarcerated for years and on supervised release for two additional years, Kilpatrick has only made payments amounting to a little over $5,000 in this case,” prosecutors said.

They also say he’s also lied about his ability to pay his debts, received money from people after resigning as mayor and chose to live a lavish lifestyle while in debt.

"Thus, instead of living modestly, with the goal of paying off his obligations, Kilpatrick appears ready and willing to resume his jet-setting lifestyle, with no intention of paying his debt owed to the tax payers stemming from his own tax evasion," prosecutors said.

Kilpatrick has argued the terms of his supervision limit him from career opportunities, but prosecutors say his supervision is “light,” he’s been given incentives and he has not named a time where his probation officer did not allow him to travel.

“Instead of just being thankful for his early release and accepting responsibility for his crimes and the harm he did to the people of the City of Detroit, Kilpatrick continues to deny the justice of the guilty verdicts rendered by a jury of his peers on the 24 counts of criminal conduct,” prosecutors said.

Kilpatrick response from pr... by WXYZ-TV Channel 7 Detroit