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It would be hard for anyone to deny what Broadcom executive Henry Samueli has meant to this community. The philanthropy of Samueli and his wife, Susan, has been well documented and extensive.

But philanthropy or not, justice must be served.

Samueli is facing sentencing for a stock option backdating scheme that prosecutors allege he helped orchestrate.

He and his attorneys and federal prosecutors, however, crafted an arrangement in which Samueli pleaded guilty and agreed to ante up $12 million in fines and agree to five years’ probation.

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But just when it looked like the deal was done, Judge Cormac Carney threw a wrench into the gears.

“The court cannot accept a plea agreement that gives the impression that justice is for sale,” Carney wrote.

Carney is right. In criminal cases, the punishment needs to fit the crime. Samueli’s punishment should not take into account his wealth.

To be fair, now that the judge hasn’t accepted the prosecutor’s recommended sentence, Samueli has the right to rescind his guilty plea and fight the charges.

Whatever he decides, Carney’s ruling has ensured, as it should, that justice is blind.


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