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Simmons’ bail was revoked in January for violating the terms, and he has been incarcerated since. Simmons appeared in the courtroom in a blue jail uniform and occasionally turned to family sitting in the courtroom. While he addressed the court, Simmons took responsibility for not paying his taxes, saying he did not willingly plot to cheat the government “like a criminal in a comic book,” and briefly choked back tears when he mentioned his youngest child, who was in the courtroom. “I hired people and I didn’t follow up, and I knew that I should have,” Simmons said. In a statement issued after the sentence, interim Southern District U.S. Attorney Geoffrey Berman said Simmons “stole from the American taxpayers when he earned millions of dollars but failed to pay any taxes on his income.” “Today’s sentence shows that star power does not entitle people to a free pass,” Berman said. In a sentencing memo filed last week, Assistant U.S. Attorney Richard Cooper urged Rakoff to use Simmons’ sentencing to “send a message” that “star power does not entitle someone to a free pass,” noting Simmons earned a substantial income after the subject period and that his songs still get played. “The defendant’s crime was a brazen one,” prosecutors said in the memo. “He earned millions of dollars in recent years, including personally receiving stacks of cash at the end of musical performances.” Additionally, Simmons’ criminal history is both long and varied, prosecutors argued, containing 29 different offenses spanning three decades, including jumping turn styles and firearm charges. But Simmons’ defense team, which also included Stacey Richman and Renee Hill of Richman Hill & Associates, emphasized in court filings and at the sentencing the challenges that their client faced during his upbringing. Simmons grew up with an abusive mother and without a father in the household.
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