Convicted killer and disbarred lawyer Alex Murdaugh has failed in his bid to overturn a 40-year federal sentence for his years of massive financial fraud in which he stole from clients, friends and his law firm.
“Upon review of the record and the parties’ submissions, we conclude that Murdaugh knowingly and voluntarily waived his right to appeal,” a three-judge panel of the U.S. Fourth Circuit Court of Appeals ruled unanimously Tuesday. “Accordingly, we grant the Government’s motion and dismiss the appeal.”
The panel could have granted Murdaugh’s lawyers a hearing, but the judges were able to rule after reading briefs submitted by prosecutors and defense lawyers.
“We are considering our options,” Murdaugh attorney Jim Griffin said Wednesday.
First Assistant U.S. Attorney for South Carolina Brook Andrews said, “We were pleased, but not surprised, by the Court’s order. When he pleaded guilty, Mr. Murdaugh knowingly waived his right to appeal. The Court correctly determined he couldn’t reopen that door. We hope this ruling brings finality for this case and the victims of Mr. Murdaugh’s financial crimes.”
Griffin had contended in his appeal that the 40-year sentence amounted to “cruel and unusual punishment” — a violation of his Eighth Amendment constitutional rights.
Federal guidelines for Murdaugh’s financial crimes ranged from 17 to about 22 years, but sentencing Judge Richard Gergel made it clear he wanted to exceed those guidelines because of the extent and monstrousness of Murdaugh’s crimes.
In an April 1 sentencing hearing in Charleston, Gergel said Murdaugh’s villainy included betraying the state’s and nation’s legal profession and the trust that people are supposed to put in attorneys and the rule of law.
“The defendant’s conduct has brought disgrace and disrepute to himself, his law firm, the Hampton County bar, the South Carolina bar, if not the entire court system,” Gergel said, underscoring that while disgrace is not a crime, it was to Gergel one of Murdaugh’s greatest offenses.
Prosecutors contended to the appeals court panel that Murdaugh’s sentence was appropriate.
“Murdaugh earned every day of the 40 years through the ‘massive fraud’ he committed ‘over many years, which took a human toll on its victims’,” federal prosecutors argued.
They also pointed out that in his plea deal, Murdaugh had agreed to waive any appeal of his sentence, with limited exceptions, and they argued that a stiffer than expected sentence from Gergel did not qualify as an appealable issue.
Murdaugh had pleaded guilty to numerous counts of money laundering, conspiracy and bank and wire fraud.
The panel’s decision, if it stands, appears to make certain that even if Murdaugh’s two consecutive life sentences for the 2021 killings of his wife, Maggie, and son Paul are ever overturned, Murdaugh must serve at least 85% of his 40-year sentence in federal prison. Federal prison rules allow some time off a sentence if an inmate behaves.
Murdaugh is now 56, so he would be into his 80s or early 90s if he were to get out of federal prison, should he live that long. Murdaugh was 55 when sentenced to 40 years in prison on April 1 by U.S. Judge Richard Gergel.
Murdaugh is now serving his life sentences at high security state prison.
From the beginning of their prosecution of Murdaugh, federal prosecutors were determined to seek the stiffest sentence possible for what they called crimes of immense proportions, thefts of at least $10 million spanning 15 years or more from his law firm, helpless clients, friends and even family.
There may be as much as $6 million in stolen money unaccounted for, federal prosecutors have said.
“Murdaugh appeared to live an upstanding life, both personally and professionally. But in reality, he spent most of his career deceiving everyone in his personal and professional circles — unburdened by his own conscience. The scope and pervasiveness of Murdaugh’s deceit is staggering. He ranks as one of the most prolific fraudsters this state has ever seen,” prosecutors said in a sentencing memo filed in U.S. District Court early last spring.
In November 2023, Murdaugh was sentenced in state court for roughly the same array of financial crimes for which he was sentenced in federal court. Murdaugh had earlier pled guilty.
Judges on the panel ruling against Murdaugh were Stephanie Thacker, Toby Heytens, and Nicole Berner.
Federal prosecutors handling Murdaugh’s financial fraud case were Emily Limehouse, Winston Holliday and Katie Stoughton.
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