Former Ohio State University Professor Fights for Book Proceeds
By Barnet D. Wolf, The Columbus Dispatch, Ohio
Dec. 24–Attorneys for Roger D. Blackwell want U.S. District Judge James L. Graham to rescind part of their client’s sentence that prohibits the former Ohio State University professor from profiting from his crimes by writing a book about them.
Graham last week sentenced Blackwell to six years in a federal prison for insider trading and related crimes.
The judge also ordered the former professor to pay a $1 million fine and serve three years of supervised release after the prison sentence ends.
As one of the conditions for probation, Graham said Blackwell may not profit ”in any way from the production of books, movies or any other media products” arising from his crimes.
In addition to teaching, public speaking and consulting, Blackwell also has written more than a dozen books on marketing.
Federal prosecutors could not be reached for comment.
In documents filed with the court Thursday, his attorneys called the publishing restriction illegal because it ”goes well beyond the range of permissible conditions” of release.
They also said the ban would ”unnecessarily restrict (Blackwell’s) career as an author and compromises his First Amendment right to freedom of expression.” Federal judges have been given wide discretion regarding supervised-release conditions, including work restrictions, legal experts say.
The rules are unrelated to laws enacted over the years to keep convicted criminals from profiting from the sale of works about their crimes. These laws can be traced to New York’s 1977 so-called ”Son of Sam” measure, which was prompted by reports that serial killer David Berkowitz was trying to make money by selling his story.
That law later was struck down by the U.S. Supreme Court on the grounds that it violated the First Amendment. Since then, New York and other states redrafted their laws on this issue.
A similar California law is part of a lawsuit to keep convicted murderer Scott Peterson from benefiting from a book or movie deal based on his story. The suit was filed by the mother of Peterson’s victim, his wife, Laci.
A number of white-collar criminals make money by talking about their crimes on the speaking circuit.
Gary Zeune, who runs Pros and Cons, a speakers bureau featuring white-collar criminals, said none of his clients has been restricted from making money by giving speeches.
”It’s not like our guys are getting a bazzillion dollars” to speak, he said. Most are paid less than $5,000.
—–
To see more of The Columbus Dispatch, or to subscribe to the newspaper, go to http://www.columbusdispatch.com.
Copyright (c) 2005, The Columbus Dispatch, Ohio
Distributed by Knight Ridder/Tribune Business News.
For information on republishing this content, contact us at (800) 661-2511 (U.S.), (213) 237-4914 (worldwide), fax (213) 237-6515, or e-mail reprints@krtinfo.com.