The 12 mil was part of the plea bargain which the judge in the case rejected. No new sentence has been imposed so its more accurate to say that “Samueli tried to pay 12 mil” since he appealed to have the plea bargain reinstated. That appeal was rejected in Sept. because no actual sentence has been imposed, among other reasons . Samueli can file an appeal (per the Appeals Court) when sentencing has actually taken place. That sentencing is not expected until after Henry Nicholas’ trial which is supposed to begin in April 2010.

The NHL may face these issues again when Samueli is actually sentenced by the judge or his likely appeal is decided. But what’s far, far more disturbing in this case than what Bettmann does is the way the judge is making a mockery of the 6th Amendment right to a “speedy trial” (which has always been interpreted to include “speedy” sentencing"). Despite his bluster about “justice not being for sale” the judge’s motivation is clearly to force Samueli to give evidence against Nicholas and others in the Broadcom case, something the prosecution did not request in its plea bargain. At least two years,possibly three or more will have passed from Samueli’s guilty plea until his sentencing is complete which is not the way the US Constitution is supposed to work.