KIDS THESE DAYS:

Dear Judge Carmac Carney,

The easy thing to do is blame Henry Samueli for the slap on the wrist he is expecting from you on Aug. 18 as he receives his sentence for lying to the Securities and Exchange Commission about backdating stock options.

But that would be wrong. Samueli, co-founder of Broadcom, billionaire and philanthropist, is just a smart guy with a lot of money who took advantage of his station in life to broker a deal that will spare him the agony of even one day in jail.

Samueli is not to blame for setting a very bad example for young people across the country. That blame lies with the poor judgment of the prosecutors in his case, who seem to be out to prove to America’s youth that the nation has two systems of justice.

Judge, the plea agreement you are being asked to approve is not a sham, but an opportunity for you to tell young people, particularly budding business people, all across the country that money can’t buy one’s way out of an appropriate punishment.

So, instead of the five years of probation (which Samueli can request to have terminated after three years) and measly $12.2 million fine waiting for your OK, here’s what I recommend:

1) A fine of $100 million. The government can keep the $12 million they need and the other $88 million will go toward funding a multiyear task force charged with finding other criminals like Samueli. The $100 million is only 5% of Samueli’s estimated net worth.

2) A year in jail. I don’t care if Samueli goes to one of those country club jails — that’s OK. The important thing is that he experiences a loss of freedom for what he did.

3) Nine hundred sixty hours of specific community service. That’s six months, judge. I want Samueli to spend that time traveling to the business schools of colleges across the country at his own expense to say, “I’m sorry” to the students in the ethics classes and to tell them not to make the same mistake.

4) Steve Smith gets $1 million.

OK, I threw in the last one as a lark. But I’m serious about the other three.

Without jail time and some seed money for real prosecutors (not the lightweights on the Samueli case) to put a stake in the ground where the ethics boundaries are, kids will believe crime pays.

Yes, I know Samueli has contributed about $200 million here and there. As a frequent visitor to the Orange County Performing Arts Center, I am grateful for that.

But that money should not buy anyone a “Get Out of Jail Free” card. Once that happens, we’re no different than the wayward driver who hands the cop in Mexico a Jackson to make a traffic citation disappear.

You see, judge, here’s the real problem: On the day Samueli pleaded guilty, Broadcom stock rose almost half a percent to $26.99 a share. Two days later, the stock was at $27.81. Even after the market tanked last Thursday and Friday, Broadcom stock was still up at $27.44.

So, as the owner of a lot of Broadcom stock, Samueli is not suffering from his own guilty plea, he is profiting.

I know you’re under a lot of pressure to approve this deal. There are probably a lot of people telling you it’s the smart thing to do.

For the short term, they’re probably right. But it’s a bad example for kids.

Besides, what happens when the next federal liar comes before you and prosecutors are recommending jail time?

What if he’s not worth $2 billion and hasn’t spread $200 million around town? Does he go to jail?

If you set the Samueli precedent Aug. 18, not only should he not go to jail, neither should any other liar who ever faces you in court.

And that, Carney, will be your legacy.

STEVE SMITH is a Costa Mesa resident and a freelance writer. Send story ideas to [email protected].