Paul Bass Photo
Lion (second from right) outside federal court last year.
A judge ordered former city payroll staffer Daniel Lion — who was convicted of embezzling $102,947.44 over 16 years — released from prison four months early due to Covid-19 concerns.
Lion is being released early under the “compassionate release” provisions of 18 U.S.C. § 3582, which can allow early release in the case of terminal illness, advanced age, sickness, debilitation, or extreme family circumstances that outweigh continued imprisonment.
U.S. District Court Judge Janet C. Hall made the decision Monday in a 20-minute hearing conducted by phone.
Lion’s attorney, John Donovan, told the judge that Lion, who is 65, has a heart condition that makes him especially vulnerable to the coronavirus. Lion is currently being held in Massachusetts at Federal Medical Center Devens, which as of late May had two staff and 24 prisoners with confirmed cases of coronavirus.
In early May, a 76-year old inmate at the facility died of the virus and in his case, Donovan cited a class action suit that has been filed against the facility by the ACLU.
Hall had originally sentenced Lion to nine months in prison, three years of probation, and 300 hours of community service in October, Hall also ordered him to pay the city a full restitution for the amount he stole. Lion’s embezzlement scheme, which lasted 16 of his 42 years with the city, included paying himself for extra vacation time with print checks and then deleting payment entries from the city’s computer records.
Lion has paid $74,915.87 of the full $102,947.44 restitution and none of a $7,500 court fine included in the October sentence.
In April, Lion filed two motions for compassionate release. The government opposed the first because at that point FMC Devens was free of Covid-19.
At Monday’s hearing, Hall acknowledged Lion’s “heightened risk” of contracting Covid-19 and decided Lion meets the circumstances under compassionate release due to his age and health condition. “But we have to make sure it is not a danger to release him,” Hall said.
Hall said that while Lion had “breached the trust of the city,” he is no longer in a position to hurt the city again. Due to his age, Hall said, it is unlikely Lion would be hired to work again and would thus not pose a danger to society. “He is not a regular financial fraudster,” said Hall.
In terms of compassionate release, Hall said, “I’ve granted some and I’ve denied some.” Ultimately, Hall said, she did not turn down Lion’s case because she does not see him as a “recidivist fraudster.”
Hall modified the conditions of Lion’s release to include an initial 14-day home quarantine excluding emergency hospital visits or trips to get medication for his heart condition. The conditions also include a three-month home confinement with necessary approval from a probation officer to leave.
Once Hall reviews and signs the order and the Bureau of Prisons can ensure safe release, Lion will be immediately released.
I found the Judge's reasoning that because of his age he would be unable to find work and therefore is a minimal risk for release. Really? too old to work at 65 and yet you're no spring chicken yourself being even older than the embezzler by almost 10 years.