Attorney asks judge to dismiss Murdaugh federal financial crimes appeal

COLLETON COUNTY, SC (WCBD) – A US Attorney asked the court to dismiss Alex Murdaugh’s appeal in his federal financial crimes case.

Prosecutor Adair Boroughs said in court documents that Murdaugh’s plea agreement contained a partial appeal waiver. The waiver, according to Boroughs, says the following:

“Every defendant, including one who pleads guilty, has a right to file an appeal or seek post-conviction relief regarding the conviction and/or sentence. You’re partially waiving that right. You’re retaining the right to file an appeal relating to prosecutorial misconduct, ineffective assistance of counsel, or future changes in the law that affect the legality of your sentence. Otherwise, you are waiving your appeal rights.”

Murdaugh said he understood the waiver’s impact in court. The letter filed says the waiver is valid, and Murdaugh’s appeal does not fall under the waiver exceptions.

Murdaugh announced his attempt to appeal the financial crimes conviction shortly after his sentencing.

He was sentenced on April 1 for 22 federal financial crimes charges after he admitted to stealing millions from former clients and pleaded guilty to the 22 federal charges, including wire fraud, conspiracy to commit wire fraud and bank fraud, bank fraud, and money laundering.

Sources confirmed to News 2 that the appeal is based on the sentence length being outside the sentencing guidelines and plea agreement.

He was sentenced to 40 years in prison for the crimes committed. The sentence is ten years more than prosecutors asked for at trial. Still, US District Judge Richard Gergel said it was necessary to provide justice to his victims and show Murdaugh that his crimes had serious consequences.

Murdaugh’s 480-month federal sentence will be served concurrently with his active state sentences for the murders of his wife and son and the state financial offenses to which Murdaugh previously pleaded guilty.