WorldCom Ex-CEO Loses Retrial Bid; Sentencing Is Set for Today

A federal judge has denied a bid by former WorldCom Inc. Chief Executive Bernard J. Ebbers for a new trial, paving the way for him to be sentenced today for orchestrating an $11-billion accounting fraud.

Ebbers had contended that the judge or prosecutors should have granted immunity to three witnesses who Ebbers contended could have helped clear him of charges related to the fraud at the long-distance carrier.

His lawyers also contended that prosecutors unfairly prejudiced jurors by suggesting in their closing statement that there was evidence outside the trial record that proved government witnesses were telling the truth.

“I find that none of these grounds requires a new trial,” U.S. District Judge Barbara Jones wrote in a ruling made public Tuesday.

Ebbers’ lawyers had sought the testimony of the three witnesses -- former WorldCom executives Ron Beaumont, Ron Lomenzo and Stephanie Scott -- but each invoked their 5th Amendment right and did not testify.

“Defendant fails to show that the government has used immunity to gain a tactical advantage over him, or that the testimony of Beaumont, Lomenzo or Scott would be exculpatory,” Jones wrote.

Jones also noted that she had instructed jurors to disregard the remark in the prosecution’s closing argument.

The latest ruling by Jones means that Ebbers’ sentencing hearing will go forward today.

In papers filed last month, federal prosecutors asked Jones to follow a probation report that calculated Ebbers’ crimes under federal sentencing guidelines and suggested he receive a life sentence.