A federal judge is set to sentence Alex Murdaugh on Monday. The 55-year-old former attorney is already serving two life sentences for the murders of his wife and son. Now, he faces nearly two dozen financial crimes following his guilty plea last year, according to the US Department of Justice.
However, what was supposed to be a simple sentencing hearing may become complicated. Prosecutors alleged in a motion last week that Murdaugh failed a polygraph test, which goes against the terms of his plea agreement that required his honesty. Murdaugh denies this claim, and his attorneys have asked the judge to ignore the government's motion during the sentencing on Monday.
Alex Murdaugh arrives in the courtroom for a judicial hearing at the Richland County Judicial Center in Columbia, S.C., Monday, Jan. 29, 2024. (Tracy Glantz/The State via AP, Pool)
Alex Murdaugh is seen entering the courtroom for a legal hearing at the Richland County Judicial Center in Columbia, South Carolina on Monday, January 29, 2024. (Photo credit: Tracy Glantz/The State via AP, Pool)
Tracy Glantz/The State via AP/FILE
Related article
Alex Murdaugh did not pass a polygraph test, which violated his plea agreement, according to the US government's court filing.
Last September, Murdaugh admitted guilt to 22 federal charges. These charges included conspiracy to commit wire fraud and bank fraud, as well as wire fraud, bank fraud, and money laundering. Federal prosecutors alleged that he defrauded his personal injury clients and his own law firm, using millions of dollars in settlement funds for his own gain.
The US Attorney’s Office for the District of South Carolina stated that each charge could result in a maximum sentence of up to 20 or 30 years. In a recent filing, prosecutors suggested that Murdaugh should be sentenced to a term ranging from 17.5 to nearly 22 years in prison.
Prior to this, the now-disbarred lawyer had already been sentenced to 27 years in state court for similar offenses. This was after he pleaded guilty to nearly twenty charges, which included money laundering, breach of trust, conspiracy, forgery, and tax evasion. Additionally, he had received consecutive life sentences a year ago for the murders of his wife, Maggie, and 22-year-old son, Paul, in June 2021. State prosecutors described these killings as a desperate ploy to divert attention from and postpone investigations into his crumbling financial schemes.
Murdaugh claims he didn't commit the murders but has confessed to the financial crimes, attributing it to his struggle with opioid addiction over the years.
The decision on whether Murdaugh will serve his federal sentence at the same time as his state sentence hinges on the federal judge's assessment. Prosecutors claim he violated the plea agreement by not passing a polygraph test.
In exchange for admitting guilt, federal prosecutors agreed to suggest that Murdaugh's sentence be served at the same time as the one given in South Carolina, according to court documents. However, due to the polygraph test failure, prosecutors requested the judge to release them from the plea deal terms. This would mean they are no longer obligated to recommend a concurrent sentence.
Alex Murdaugh stands next to the witness booth during a break in his trial for murder at the Colleton County Courthouse on Thursday, Feb. 23, 2023. (Joshua Boucher/The State/Pool/Tribune News Service via Getty Images)
Alex Murdaugh is seen standing next to the witness booth at the Colleton County Courthouse. The photo was taken on Thursday, February 23, 2023. (Photo credit: Joshua Boucher/The State/Pool/Tribune News Service via Getty Images)
Related article
Alex Murdaugh is sentenced to 27 years in prison for nearly 2 dozen state financial crimes
Prosecutors have requested to seal the polygraph examination report and four FBI reports related to an ongoing grand jury investigation and allegations of criminal activity by others. At the same time, Murdaugh agreed to undergo the polygraph examination as part of his plea deal, where he is required to be completely honest and cooperative. This is in connection to the efforts to recover the millions of dollars he fraudulently obtained from his victims.
It is not publicly known what Murdaugh was asked and how he responded during the examination. The government's filing suggests that the examination focused on hidden assets and the involvement of another attorney in Murdaugh's criminal activities. However, the results of a two-part polygraph test in October 2023 indicated deception, leading the government to claim that the agreement is void.
Murdaugh's attorneys have requested the judge to either deny or postpone ruling on holding their client in breach of the plea agreement until they are provided with the results of the polygraphs. This request was made in their own sentencing memorandum submitted on Thursday.
The polygraph examiner was accused of engaging in questionable behavior to manipulate the results and potentially invalidate the plea agreement. This included reportedly expressing his belief that Murdaugh is innocent of his wife's and son's murders and secretly revealing that he had recently tested Joran Van der Sloot, who admitted to killing Natalee Holloway nearly twenty years ago.
According to Murdaugh's lawyers, the actions of the government leading up to the polygraph test and the behavior of the examiner during the test raise significant doubts about whether the government has been acting in good faith.
Murdaugh’s attorneys disagreed with the government's request to seal the evidence, suggesting that redacting sensitive information would be a more appropriate measure.
In response to this, US District Court Judge Richard M. Gergel instructed prosecutors to submit a redacted version of the documents. He acknowledged the government's desire for confidentiality, noting that providing a detailed explanation for sealing the evidence could potentially hinder the ongoing investigation.
However, Gergel mentioned that it was still possible to proceed with sentencing on Monday without revealing the details from the sealed documents that the government wants to keep confidential.
CNN’s Alta Spells also helped with this report.
Editor's P/S:
The upcoming sentencing of Alex Murdaugh, a former attorney facing nearly two dozen financial crimes, has taken an unexpected turn with the government's allegation that he failed a polygraph test, potentially voiding his plea agreement. This revelation has cast a shadow over what was expected to be a straightforward sentencing hearing, raising questions about Murdaugh's honesty and the terms of his plea deal.
The polygraph test, which Murdaugh agreed to as part of his plea agreement, was intended to assess his truthfulness and cooperation in efforts to recover the millions of dollars he fraudulently obtained. However, the government claims that the test results indicate deception, leading them to request that Murdaugh be held in breach of the agreement and potentially face a more severe sentence. Murdaugh's attorneys, on the other hand, have requested that the judge postpone ruling on the matter until they have the opportunity to review the polygraph results. The judge has ordered prosecutors to submit a redacted version of the documents, while acknowledging that it may be possible to proceed with sentencing without revealing the confidential details.