Second, prosecutors have enormous power over who goes to jail and for how long. That power doesn’t just involve deciding who gets indicted. It involves deciding how he gets indicted. Manafort faced a recommended sentencing range of 19 to 24 years under U.S. sentencing guidelines. But that range was driven only in part by what he actually did. It was driven just as much by how the special counsel’s office chose to pursue the case—what charges it brought, what evidence it presented to Ellis, and what part of Manafort’s history it cited as “relevant conduct” at sentencing. Federal prosecutors can substantially shape a sentence by the plea deal they offer, choosing which parts of the sentencing guidelines apply. Prosecutors are more inclined to wield that power to benefit people like Manafort, not people charged with crimes involving drugs, blue-collar property crimes, and violence.

Third, Congress has given Ellis the power to give people like Manafort a break, but has denied him that power when the defendant is accused of many blue-collar crimes. Last year, Ellis sentenced a 37-year-old man named Frederick Turner to 40 years in federal prison for methamphetamine distribution. He had no choice: Congress passed laws making 40 years the mandatory minimum sentence.

More than half of federal prisoners received a mandatory minimum sentence. Congress has passed mandatory minimum laws for drugs, guns, child abuse, and child porn. President Trump pushed for harsher mandatory minimum laws for immigration cases. These laws reflect America’s judgment about which people are so irredeemable that federal judges should not have the discretion to show them the sort of lenience Ellis showed Manafort. That judgment favors the rich at the expense of the poor.

Fourth, the U.S. sentencing guidelines treat some crimes more harshly than others, and though, unlike mandatory minimums, they are only recommendations, not strictures, they strongly influence judges. USA Today reported that fraud cases in Ellis’s district yielded an average sentence of 36 months, versus 66 months for firearms charges and 84 months for drug charges, all higher than the national average. Ellis announced that he was sentencing Manafort below the recommended guideline range because that range was far above what defendants received in similar cases. That is, in fact, a factor that he’s required by law to consider. Manafort’s case was arguably much more serious than others, but there’s no question that his sentencing range was atypically high for a white-collar defendant. This is how the system’s discrepancies become self-justifying and self-perpetuating: Judges give white-collar criminals lower sentences because white-collar criminals typically get lower sentences.

Fifth, money drives cases. Manafort’s criminal defense cost more than most defendants make in a lifetime. Money can’t buy freedom—Manafort’s money couldn’t save him from multiple convictions, because the federal government’s power is overwhelming even to a multimillionaire. But money buys a capable defense with the resources it needs. An extremely experienced, qualified defense team with plenty of time makes a profound difference at every stage of a case. Even when rich people get convicted, money helps get them the best plea deals, the most persuasive sentencing presentations, and often the most lenient sentences.